Akwa Vista at Planning Board

The Planning Board will take up the question of Akwa Vista — the gated residential community on Brickyard Mountain — when it meets Monday night. Last week the New Hampshire Department of Environmental Services (DES) ordered a halt to work at project, charging that the failure of the developer and contractor to control erosion at the site has led to discharges of fill and waste into Lake Winnipesaukee.

Atom Contracting Company of Bedford, owned by Dick Mailloux who is developing the project, was ordered to stop all work other than what was necessary to stabilize the property within seven days.

Charles Cleary, who represents Mailloux, said Monday that he would review the order with his client and likely appeal parts of it.

Mailloux expressed surprise and shock at the order, but said he would cooperate with DES to resolve any issues at the site.

Gary Dionne, chairman of the Planning Board, said yesterday that he, along with board member Peter Brunette, simultaneously approached Planning Director Shanna Hallas-Burt, who herself had concluded that the board should consider the order issued by the DES to determine if the conditions of the board's approval of the project have been violated. The board will weigh the findings contained in the DES's order against the site plan it approved in October, 2003 and, if it is found the developer has failed to comply with the conditions of his approval, a compliance review will be scheduled in February.

In particular, the DES has alleged that Atom cleared more land than was permitted, failed to follow "best management practices" to control erosion and violated nine state laws and rules, including placing fill into the lake without a permit.

Akwa Vista is one of three components of a larger residential and recreational complex — Akwa Soleil. Akwa Vista consists of 171 house lots on Brickyard Mountain overlooking the lake. Akwa Marina, which will include cabanas, shops and a restaurant, and Akwa Verdant, a second gated community of 100 homes built around a golf course, complete the complex.