On Tuesday, the Jaffrey Planning Board unanimously approved the mitigation measures and revised site plan for the Stony Brook development adjacent to the Shattuck Golf Course off Route 124.

Josh Joslin of Graz Engineering presented the mitigation plans to on behalf of developers Jared and Jamie Van Dyke.  The 28-home development, which currently has two houses under construction, received notices of breach and violation on April 30 and Aug. 13, citing impacts to wetlands and conservation areas and town-owned land. The notices cited violations in multiple locations within the development, including illegal tree-cutting and digging, insufficient stormwater management and the illegal construction of a dirt road to a pump station on the golf course. 

The Jaffrey Conservation Commission approved the mitigation plans for the tree and soil violations June 27, and the developer has hired NativeScapes landscaping, on the recommendation of the Conservation Commission, to restore damage to the abutting conservation areas. Measures to address both sets of violations include grading and filling to compensate for the illegal cutting of mature trees, removal of a dirt track constructed to access the pump house and loaming and seeding of encroachments into conservation land. All mitigation must be completed by spring 2025, and final approval on the environmental mitigation and restoration measures will be subject to a July 25, 2025, compliance hearing. 

The Stony Brook development is located within town water and sewer and abuts Jaffrey’s Mountain Zone conservation area. Planning Board Chair Amy Meyers noted that the developer will pay for all mitigation.

Thomas Ahlborn-Hsu of the Jaffrey Conservation Committee said that removing the illegal dirt road  to the pump station would be more damaging than leaving it alone, to which Meyers responded that the decision was out of the town’s hands, as it fell within the purview of the state Department of Environmental Services. 

After members of the public asked questions about how much blasting would be required to build the houses slated to be constructed where there is ledge present, the Planning Board voted to add an amendment to the conditional approval requiring two weeks notice of any blasting at the site. Conditions subsequently recommended by the town’s Office and Planning and Development also require that an on-site construction manager be available to town staff when work is underway, and that all driveways will be approved by the review engineer and town staff. 

Planning Board member Margaret Dillon brought up the issue of golf safety given the close proximity of the development to the golf course, and quoted from a letter submitted to the board by Jaffrey resident Kenneth Campbell. Campbell’s letter cited 1994 Golf Safety Standards recommended by the Urban Land Institute, which call for houses to be at least 210 feet from golf fairways and greens and 135 feet from tees. 

“Is the town liable for people getting hurt by golf balls? Because these houses are not 210 feet from the fairways,” Dillon said. “I know where my golf balls can go when I’m golfing.” 

Joslin said that the developer’s goal was to meet all standards required by the town, and that golf safety standards cited are a recommendation but are not a law or a  town regulation.

“It is on the buyer that when they buy a house on a golf course, they understand that they might get hit by golf balls,” Joslin said. 

Meyers said the board had looked into the matter and determined that the town would not be liable for any golf ball-related injuries at the development, and that the developer would be the party potentially be liable for any injuries. 

The Planning Board voted to accept Stony Brook’s revised application with the following conditions: that a third party review the stormwater management systems and spot-check existing foundations, that the building envelopes used in the application and site plan encompass all parts of the proposed houses, including the decks; detailed easements for water and sewer; and that the Conservation Commission approve the pump house restoration plan by Nov. 12. 

Joslin questioned the Nov. 12 deadline, mentioning that “there are people who are expecting their foundations to be filled this fall.” 

Jo Anne Carr, director of the town’s Office of Planning and Development, said that the process of approving the pump house plan could be possibly expedited before the Nov. 12 deadline, noting that “we know there are houses underway.” 

Meyers credited the town staff, including Carr, with their extensive efforts to resolve the issues with the developer over the summer.

“Our staff has done a tremendous amount  of work on this, and we are very lucky to have them,” Meyers said.