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Town of Henniker, New Hampshire
Conservation
Commission
2007 Minutes
HENNIKER
CONSERVATION COMMISSION
Minutes of
Meeting
January 3, 2007
– 7:00 p.m. – Grange
Members
Present: Holly Green (Chair), Mark Mitch, Denise Rico
1. Minutes:
The Dec. 20, 2006 meeting minutes and the Dec. 29, 2006 site walk minutes were
not reviewed due to the lack of a quorum.
2. Mail:
a.)
DES
(NH Dept of Environmental Services) to Thomas Kuck, Hillsborough NH, dated
12-20-06, re: File #2006-01072, 6 Gould Pond Rd., Henniker, Tax Map1, Lot 328C:
Notice of Past Violation. Wetland cleared and stumped in an effort to repair
damage from off road vehicle.
b.)
DES
to Andy Pysz, Newport, NH and Robert Richards, Medford, MA, dated 12-21-06, re:
DES Wetlands File # 2006-03181 (forestry), Henniker: Letter of Deficiency, WET
06-153. The logger and/or owner were given 15 days to install water bars on
logging roads, remove slash from the stream, and install adequate erosion
control measures.
c.)
DES
to DRED (NH Dept of Resources and Economic Development), Hillsborough NH, dated
12-19-06 re: File #2006-03165: Complete
Forestry Notification
d.)
DES
to Tom Patenaude, Henniker Crushed Stone, dated 12-15-06, re: File #
1999-02489: Letter of Compliance. The lot referenced in the letter is Tax Map
2, Lot 103X.
e.)
DES
to Begin Homes LLC, Warner NH, dated 12-15-06, re: File #2005-02539: Letter of
Compliance for Letter of Deficiency #Wet 05-042. The lot referenced in the
letter is Tax Map 1, Lot 328-B.
f.)
DES
to Pamela Mitchie, dated
12-15-06, re: File # 2006-01879: Letter of
Compliance for Letter of Deficiency #Wet 06-134. The lot referenced in the
letter is Tax Map 1,
Lot 322.
g.)
DES
to Henniker Area Paddlers, James Sinclair, dated 12-18-06 re: File #2006-03072,
Tax Map/Lot #2/PADDLERS, Patterson Hill Road & Western Ave., Henniker: Notice
of Disqualified Trails Notification. This letter indicates the trails activity
doesn‘t meet the criteria for “Notification of Trail Development Activities
Having Minimum Wetlands Impact” (Trails Notification) but can be permitted using
a Minimum Impact Expedited application.
h.) Wetlands & Non-site Specific Permit,
2006-02953, Bowser Lot 568-C, Cote Hill Rd. to install (2) 24”x28’ RCP culverts
and (1) 24”x 30’ HDPE culvert for 3 separate crossings (total impact of 2190 sq
ft) to access the lot.
i.) Town report deadline is
Jan. 20,
2007. Holly will draft a report for review at the next meeting.
3. Open
Space Subcommittee Proposal: Holly and Denise reported on the river front
properties site walk conducted
Dec. 29, 2006
with Walter Morse. There was a brief discussion of whether the lots are
buildable and if not, whether purchasing them would be the best way to spend
money from the conservation fund. Holly will attend the next Open Space
Subcommittee meeting on Jan. 8, 2007 and suggest they present their proposal to
the Conservation Commission for consideration.
4.
Preparation for Budget Committee: Martha will present the Conservation
Commission budget to the Budget Committee on Jan 9, 2007. Between $150-200 will
be spent from the conservation fund to prepare maps and photos for the public
hearing on the proposed ordinances.
5.
Ordinances: Maps of soils within the watersheds and aerials were reviewed.
Denise will work on map revisions and print photos and maps for the public
hearing on Jan. 10, 2007. Mark and Martha will present the proposed ordinances
at the public hearing. More information in the form of “Frequently Asked
Questions” will be added to the website.
6. Other
Business: The Conservation Commission website was discussed. Conservation links
will be added as well as contact information that includes an email address.
The meeting adjourned at 9:00 PM. The next
regularly scheduled meeting is Jan. 17, 2007.
Respectfully submitted, Denise Rico
HENNIKER
CONSERVATION COMMISSION
Minutes of
Meeting
January 17, 2007
– 7:00 p.m. – Grange
Members
Present:
Holly Green
(Chair), Stephany Lavallee, Bob Stamps, Terry Stamps, Martha Sunderland
Others
Present: Kristin Claire (topics #2 and 3 – Amey Brook and Land Conservation)
1. Minutes:
The minutes for the
December 20, 2006
and January 3, 2007 meetings were reviewed and approved with no revisions. The
minutes for the December 29, 2006 site walk were approved with one revision.
2. Amey
Brook: The Commission discussed landowner's concerns about using an existing
internal road which follows Amey Brook. He had questions on how use of this
road might impact the brook and various options to minimize this impact were
discussed.
3. Land
Conservation: Town owned land of high conservation value was discussed. Holly
Green will follow up with Peter Flynn about a letter and presentation to the
Selectmen.
4. 2007 Town
Report: The content of the Commission's Annual Town Report was discussed.
Holly Green will send copies to members for review and will send the final
report to Deb at the Town Offices.
5. Budget:
Martha Sunderland reported that, at its January 9, 2007 meeting, the Budget
Committee approved the Commission's 2007 budget without revision.
6. Watershed
Protection and Skyline View Conservation Ordinances: The Conservation
Commission plans to revise these ordinances and propose them for the 2008
Warrant. Education and outreach, including public information meetings, were
discussed.
7. Mail:
Copy of Application, dated January 3, 2007, by Town of
Henniker to NH Department of Environmental
Services for Standard Dredge and Fill Wetlands Permit for
Ramsdell Road
Bridge rehabilitation project.
8. Other
business: Terry Stamps
asked for input on behalf of Jim McElroy relating to a request from the Central
Regional Planning Commission on establishing a corridor management plan as part
of the National Scenic Byways Program. Holly will ask Stephanie Alexander for
more information on this program.
The
question was asked regarding the status of the Chase Brook. Terry will follow up
on the status of the legal documents.
Holly
informed the Commission that Roni Hardy has expressed interest in serving on the
Commission as an alternate. The Commission voted unanimously that Holly should
send a letter to the Selectmen expressing support for her appointment.
Terry
volunteered to chair the next meeting on February 7 since Holly will not be able
to attend.
The meeting adjourned at
9:00 PM.
Respectfully submitted, Holly Green
HENNIKER
CONSERVATION COMMISSION
Minutes of
Meeting
January 31, 2007
– 7:00 p.m. – Grange
1. NH Scenic
and Cultural Byways Program: The resolution in support of the application to
establish Route 202/9 as a scenic and cultural byway was reviewed. The
Commission decided not to comment on the resolution since no conservation issues
were involved.
2. Mail:
a.) Minimum Impact Expedited Permit
Application: The application for Michie,
Lot 322 was reviewed. The applicant is
proposing a gravel way to access the back part of the 39 acre lot for
agricultural purposes. Proposed are (2) 20 foot x 18 inch HDPE culverts and
impact to 2,307 S.F. of forested wetland. It was decided to waive comment on the
application. Holly will sign and submit the application.
b.) A list of notices of Intent to Cut was
reviewed. Denise will check to see which of these notices were reviewed at a
previous meeting.
c.) Complete Forestry Notification for Lot
97 (NH Dept. of Environmental Services File # 2006-03181)
d.) The remaining mail will be reviewed at
the next meeting,
Feb. 7, 2007.
3.
Conservation Activity Timeline: The revised timeline was reviewed and it was
decided to post it on the website with a note saying it is updated annually.
4. Chase
Brook Conservation Easement: Martha reviewed her correspondence with Peter Flynn
and her discussions with Five Rivers Conservation Trust.
5. Other
business: Holly reviewed her letter to the Selectmen recommending they appoint
Roni Hardy as an alternate member.
The meeting adjourned at
8:30 PM. The
next regularly scheduled meeting is February 7, 2007.
Respectfully submitted, Denise Rico
HENNIKER CONSERVATION COMMISSION
Minutes of
Meeting
February 7, 2007
– 7:00 p.m. – Grange
Members
Present: Stephany Lavallee, Denise Rico, Terry Stamps (acting chair), and Martha
Sunderland
Others
Present: Aaron Wechsler, Certified Wetlands Scientist, Aspen Environmental
Consultants
1. Minutes:
The Jan. 17, 2007 and
Jan. 31, 2007
minutes were reviewed and approved with revisions.
2. Mail:
a.) “Permit by Notification” application to
install a driveway culvert with 249 sq ft impact to jurisdictional drainage
ditch for Lot 612-B14, Long View Dr. It was decided no site visit was required.
Terry will contact Holly Green who will sign the application and submit.
b.) A NH Dept. of Environmental Services (DES)
copy of “Notice of Administrative Completeness” for a Standard Dredge and Fill
Application for the Town of Henniker’s work on Ramsdell Rd. (DES file #
2007-00136).
c.) A
DES copy of a
“Complete Forestry Notification” was received for Lot 83 (DES file #
2007-00182).
d.) A
DES copy of a
“Wetlands and Non-Site Specific Permit” for Nicknair Lot 154-U, Juniper Ridge
Rd. (DES file # 2006-01473).
e.) Bacon Road Open Space Subdivision, Lot
354-C: A letter from Landmark Planning and Development to the Planning Board and
Landmark’s plans for the proposed 14 lot open space subdivision were reviewed.
The letter said individual lot owners would own “equal undivided interest in the
open space” and that “proper conservation easements . . . [would] ensure that
the open space would be preserved in perpetuity”. The following questions or
concerns were forwarded to the Planning Board:
- Clarify the sentence in the letter that
states, “Based on the map provided by the conservation [sic] it appears that
there is ample underground aquifer and surface water to accommodate the 14
individual on-site wells. . . ”.
- The open space is not contiguous.
- The details of the conservation easement
need to be clarified. Who secures it? Who pays for it? What kind of activities
will be allowed? Will there be public access?
- The 2 acre buildable area has not been
drawn on drawing “C-2 – Conventional Concept Plan”.
f.)
Planning Board Case # 2006-020, Lot Line Adjustment between Lots 551-X and 553:
Reviewed with no comment.
g.)
Planning Board Case # 2007-002, Lot Line Adjustment between Lots 650-X and 654:
Reviewed with no comment.
h.)
Planning Board Case # 2007-001, Grob Minor Subdivision Lot 277: Denise recused
herself from the discussion. The proposal is to subdivide Lot 277 into 2 lots:
277 (66.04 acres) and 277-C (5.07 acres with existing house and buildings). A
concern was raised about the potential increase in intensity of use on a RN lot
that has a grandfathered business.
Terry will
deliver the Conservation Commission’s comments on Items e, f, g, and h to the
Planning Board.
3. List of
Intents to Cut: The list provided by Cindy Marsland was cross-referenced to the
last year’s minutes. Several of the forms had not been reviewed by the CC.
Martha will ask Cindy for copies of the missing forms and will set up a new
Intent to Cut log that will stay in the office space in the Grange so it will be
available at every meeting.
4. Other
business: Terry asked if there was any special preparation needed before the
Planning Board’s meeting with
DES’s Paul Susca on drinking water protection.
It was suggested any plans or regulations that are already in place be reviewed
and that the Board of Selectmen and Cogswell Springs Waterworks be notified of
the presentation.
The meeting adjourned at 9:00PM. The next
regularly scheduled meeting is Feb. 21, 2007.
Respectfully submitted, Denise Rico
HENNIKER CONSERVATION COMMISSION
Minutes of
Meeting
February 21, 2007
– 7:00 p.m. – Grange
Members
Present: Holly Green (Chair), Mark Mitch, Denise Rico, Bob Stamps, Terry Stamps,
and Martha Sunderland
Others
Present: Kristin Claire (for topic #1) and Roni Hardy
1. Two
members of the Open Space Subcommittee presented a proposal for the town to use
Conservation Fund monies to purchase and conserve four lots in Henniker. A
motion was made to accept the proposal and was seconded. A concern was raised
during discussion regarding spending conservation money to purchase land that
may not have enough buildable area for development because of shape and setback
requirements. Other members of the Commission felt that acquiring these lots
would increase the likelihood of the landowner agreeing to sell the larger 28
acre lot which can be developed. Upon voting, the motion carried with five
affirmative votes and one abstention. Bob Stamps agreed to contact Peter Flynn
to place the proposed recommendation on the agenda of the next Selectmen’s
meeting. Kristin Claire agreed to contact the landowners and to start on an
application for LCHIP (Land and Community Heritage Investment Program) funding
which must be submitted by the end of March.
2. Mail:
a.) Copy of a letter from Henniker Town
Counsel, Barton L. Mayer, to Earl Kalil, Jr. Esq. RE: Chase Brook Development.
The letter states: the proposed warranty deed submitted to the town was “not
consistent with the votes of the Planning Board and Town Meeting”; a
conservation easement for the open space portion of the development should be
conveyed to an outside entity and fee interest be conveyed to the town, and the
landowner has no reserved timber harvesting rights on the open space portion.
b.) A NH Dept. of Environmental Services (DES)
copy of “Notice of Administrative Completeness” for Minimum Impact Expedited
Application for Michie lot 322 on Old Hillsboro Rd, (DES file # 2007-00234).
Dated
Feb. 12, 2007.
Received
Feb. 16, 2007.
c.) A copy of a letter from Steve Couture
of DES
Watershed Bureau to Contoocook and North Branch Rivers Local Advisory Committee
RE: Rivers Management and Protection Program Referral seeking input from the LAC
concerning the Town of
Henniker’s
work on the Ramsdell Road Bridge. Dated Feb. 7, 2007. Received
Feb. 9, 2007.
d.) A
DES copy of
an “Extension for Compliance with Letter of Deficiency No. ARD 06-027” to Rodney
Patenaude, Henniker Crushed Stone from Pamela Monroe, Compliance Bureau
Administrator, Air Resources Division. Dated Feb. 2, 2007.
e.) A
DES copy of
an “Extension for Compliance with Letter of Deficiency No. ARD 06-026” to David
Foster, Foster Materials from Pamela Monroe, Compliance Bureau Administrator,
Air Resources Division. Dated Feb. 7, 2007.
3. List of
Intents to Cut: Martha spoke with Cindy Marsland at Town Hall regarding forms
the Commission had not seen that were on a list she had provided for the last
meeting. Martha acquired copies of all the forms and several new submissions.
Old forms included: lots 354-C; 297; 120-A1; and 138-B. New forms included: lots
626 supplemental (no map); 644-X; 351; 577; 134-A; 708, 708X, and 709; and 631.
Denise will contact the logger and/or landowner to schedule site visits to lots
351 and 644-X. Discussion ensued about streamlining the process of reviewing the
intent to cut forms. Denise will revise the letter to the landowner concerning
timber harvesting laws and will draft a memo to Peter and Cindy outlining the
Commission’s expectations regarding intent to cut filings. Martha will start a
log to record the forms and comments when they are reviewed.
4. Minutes:
The Feb. 7, 2007 minutes were reviewed and approved as written.
5. Draft
Ordinances:
a.) Watershed Protection: Holly outlined
her recommendation that the hazardous materials and waste section be deleted from the proposed
watershed ordinance because the state’s regulations are adequate. Everyone
agreed.
b.) Groundwater Protection: Stephanie
Alexander sent Holly a document from 1989 entitled, “Water Resources
Management and Protection Plan”. It has not been determined if it was ever
adopted. Peter Flynn is researching and Terry will follow up.
6. Existing
Wetlands Ordinance: The language of the ordinance was reviewed and found to be
confusing. It was suggested the Commission work to clarify the language for next
year. It was determined that a special exception from the Zoning Board of
Adjustment is required for Standard Dredge and Fill applications. The applicant
must submit the application allowing the Conservation Commission 30 days to
comment before the ZBA schedules a public hearing. Holly will pass this
information along to Dan Geiger, the wetlands scientist for the Bacon Road
subdivision.
The meeting adjourned at
9:00PM. The
next regularly scheduled meeting is March 7, 2007.
Respectfully submitted, Denise Rico
HENNIKER CONSERVATION COMMISSION
Minutes of Meeting
March 7, 2007 – 7:00 p.m. – Grange
Members Present:
Holly Green (Chair), Martha Sunderland, Stephany Lavallee
1. River Properties Proposal: The Commission discussed preparation for a hearing
on the recommendation to the Selectmen to purchase properties on the Contoocook
River. April 18, 2007 was suggested as a potential hearing date. Stephany will
draft a press release for the Commission to review and approve at its next
meeting on March 21, 2007. She will also contact Kristin Claire to see if she
can give a presentation at the hearing and ask her for a list of abutters.
2. Mail:
a) Letter, dated January 12, 2007, from the DES Wetlands Bureau regarding
changes to the NH Natural Heritage Bureau (NHB) Environmental Review Process. It
announces the availability of the NHB's DataCheck Tool allowing applicants to
check the NHB database on-line to determine whether rare species or exemplary
natural communities are know to occur in the vicinity of a proposed project
b) Memorandum from Peter Flynn, Town Administrator explaining the Board of
Selectmen's new policy regarding the solicitation or opinions or advice from
Town Counsel.
3. Water Resources Management Plan: Holly brought a copy, obtained from the
Central NH Regional Planning Commission, of Henniker's Water Resources
Management Plan drafted in 1989 and said Terry Stamps has been looking into
whether the Planning Board had officially adopted this plan. Holly will also ask
Nancy Foley, who was serving on the Planning Board at that time.
4. NH Lakes Association Lake Host Grant Application: Martha Sunderland brought
information and a blank application form for a NH Lakes Association's Lake Host
Grant. This grant could be used fund monitors to check boats to help prevent the
spread of exotic milfoil and other invasive aquatic plants. Martha will contact
Mark Mitch to see if he thinks this would make a good student internship
project. She will also contact the French Pond Association.
5. Other business: Holly brought a copy of the agenda for the NH Office of
Energy and Planning's Spring Planning and Zoning Conference being held on April
28, 2007.
The meeting adjourned at 8:15 PM.
Respectfully submitted, Holly Green
HENNIKER CONSERVATION COMMISSION
Minutes of Meeting
March 21, 2007 – 7:00 p.m. – Grange
Members Present: Holly Green (Chair), Roni Hardy, Stephany Lavallee, Mark Mitch,
Denise Rico, and Martha Sunderland
Others Present: Dale Jennings, Lisa Lamphere, and Dan Geiger of Oak Hill
Environmental Services (for topic #1)
1. Standard Dredge and Fill Permit Application for proposed subdivision on Lot
354-C Bacon Rd:
This was a preliminary discussion of the proposal with no decisions made because
the item was not submitted with time to put it on the agenda. Daniel Geiger, Oak
Hill Environmental Services NH Certified Wetlands Scientist, presented the
proposal. The proposed project impacts 2 areas for road crossings: a perennial
stream with the installation of a 10’x3.5’x50’ open bottom arch culvert; and an
intermittent stream with the installation of a 2’x50’ culvert. Total wetlands
impact is 2013 square feet. The perennial stream will have a natural bottom as
it passes through the arch culvert. Mr. Geiger indicated both crossings were
located in areas to minimize impact; there would be no change in the water flow;
and water quality would not be impacted.
Mr. Geiger also presented the following drawings of the proposed subdivision: a
layout of a conventional subdivision showing 14 lots; a layout of an open space
development showing 14 lots and 40% of the parcel in open space (undeveloped);
and a layout of an alternate open space development showing 16 lots and 60% of
the parcel in open space.
Mr. Jennings, an abutter, expressed concerns about draw-down of ground water
with so many wells. Mr. Geiger presented an US Geological Services study
performed at a different site that indicated it should not be an issue because
most water pumped from a well eventually makes it way back to the groundwater
after flowing through the septic system and then filtering through the soil.
This raised further concerns about contaminated groundwater and a higher water
table. Mr. Geiger thought this should not be an issue. There was also a concern
about failed septic systems which Mr. Geiger said do not normally impact
groundwater.
Ms. Lamphere, an abutter, expressed concerns about changes to the hydrology in
the area that might lead to flooding (especially during spring flow) or the
wetlands drying up. Her property in located down slope from the project and has
extensive wetlands. Mr. Geiger indicated state regulations require that no
additional runoff leave the property as a result of the development; that a
storm water and erosion control plan would be submitted to the Planning Board at
a later date; and that retention and detention ponds would be constructed.
Mr. Jennings raised a concern about the surface water being channeled through
the culverts and the possibility for erosion. Mr. Geiger said that the culverts
would not change the flow rate of the surface water and that during construction
water quality and turbidity monitoring would be conducted.
Martha Sunderland explained that at this point the Commission was focusing on
the wetlands permit application and the 2 proposed crossings. The Commission
would address the development issues at a later date. The subdivision proposal
is not yet final.
The Commission set a date for a site walk to evaluate the wetlands crossings
Saturday, March 24, 2007 at 10AM.
Holly Green will look into a question raised by Terry Stamps about what kind of
conservation arrangement would be suitable for the open space portion of the
parcel.
2. Minutes: Review of the 2/21/07 and 3/7/07 minutes was postponed until the
next meeting.
3. Preparation for public hearing on recommended purchase of conservation land:
There has been no news concerning the status of the purchase negotiations so the
public hearing may need to be rescheduled. Denise Rico will get the lot numbers
for Stephany Lavallee for the public notice.
4. NH Department of Environmental Services' (NHDES) presentation to the Planning
Board March 28 on drinking water protection:
Holly Green reported that Terry Stamps had contacted Ron Taylor of Cogswell
Springs Water Works to invite him to the presentation. He was going to contact
the other water board members. Denise Rico will call Spencer Bennett to notify
him of the meeting as he has indicated an interest in this topic. A copy of the
1989 Master Plan will be reviewed to assess the history of the previous Water
Resources Protection Plan. Martha Sunderland located the NHDES map of drinking
water resources and will try to locate the NHDES map of areas favorable for
gravel wells.
5. Report on March 18 site walk of property on Western Ave and Patterson Hill
Road with landowner to review logging operation.
Martha Sunderland and Denise Rico met with Alan Stevens on his 83 acre property,
Lot 351 Western Ave. He reviewed a plan he had drawn locating erosion control
measures (silt fencing and hay bales) he has implemented next to the logging
road he has cut up slope from Western Ave. to the log landing. The road runs
adjacent to an intermittent stream for part its length. At present the road is
bare soil and he intends to cover it with gravel as soon as the weather permits.
The three walked up the slope to the log landing and he pointed out what he is
doing to control erosion. The area was completely snow covered and it was
difficult to ascertain if the measures were adequate. He said members of the
Commission could revisit anytime to assess the conditions. The major concern is
a rain event could create a serious erosion episode that would release sediment
to the river. The area will be monitored.
Mr. Stevens submitted a letter that indicates the purpose of the new road is to
reach a portion of the land that is difficult to access because a brook cuts
across the property. He says no trucking will take place until after the wet
season and the road is stable – probably June or July. In addition to the silt
fencing and hay bales already in place, as soon as the weather permits he
intends to seed bare soil and mulch with hay, and install riprap where needed.
6. Mail:
a.) A NHDES copy of a “Request for More Information” for a wetlands permit
application for lot 322, Old Hillsboro Rd. DES file # 2006-00234, was received.
Written permission from the abutters is required because the proposed impact is
within 20 feet of the property line.
b.) A NHDES copy of “Notice of Invalid Permit by Notification” for lot 577-X2
Butter Rd. DES file # 2005-02915. A complete response to NHDES letter of
12/28/05 and email of 1/17/06 was not provided so the file has been
disqualified.
The meeting adjourned at 9:30PM. The next regularly scheduled meeting is April
4, 2007.
Respectfully submitted, Denise Rico
HENNIKER
CONSERVATION COMMISSION
Site Walk
Minutes
March 24, 2007–
10:00 a.m. – Lot
354-C Bacon
Rd
Members
Present: Holly Green (Chair), Roni Hardy, Stephany Lavallee, Mark Mitch, Denise
Rico, Martha Sunderland
The
Conservation Commission members walked Lot 354-C on Bacon Road to review
wetlands impacts described in the Standard Dredge and Fill Wetlands Application.
Site conditions were mostly snow-covered, with frozen soils, and water flowing
in the streams.
The proposed
project impacts 2 areas for road crossings: a perennial stream with the
installation of a 10’x3.5’x50’ open bottom arch culvert; and an intermittent
stream with the installation of a 2’x50’ culvert. Both of these crossings were
evaluated and deemed appropriate.
Concerns that
were raised focused on the large areas of bare soils, especially on the slopes,
and the potential for erosion. The approaches to the perennial stream crossing
are in immediate need of silt fencing and additional water bars. All bare areas
need to be stabilized with seeding and mulching as soon as the weather permits.
Drawings of
the 3 different versions of the proposed subdivision (a 14 lot conventional
subdivision, a 16 lot open space subdivision, and a 14 lot open space
subdivision) that were submitted to the Commission by Dan Geiger were compared
to the conditions on site. On the 16 lot version, there was a concern regarding
storm water runoff as it relates to the increased density of the lots on the
southern portion of the parcel. On the conventional version, it was noted the
configuration of the cul-de-sac was unrealistic due to steep slopes and that it
might erroneously increase the number of lots possible.
Martha
Sunderland will write 2 letters - one to the landowner regarding the need for
immediate attention to erosion control issues, the other to the NH Dept. of
Environmental Services regarding the permit application.
The site walk
concluded at 12:00 p.m.
Respectfully submitted, Denise Rico
HENNIKER CONSERVATION COMMISSION
Minutes of Meeting
April 4, 2007 – 7:00 p.m. – Grange
Members Present: Holly Green (Chair), Roni Hardy (alternate), Stephany Lavallee
(alternate), Mark Mitch, Denise Rico, Bob Stamps, Terry Stamps, Martha
Sunderland, and Tom Watman (Selectman Ex-officio).
Others Present: Gigi Laberge and Doug Paul for topic #1; Peter Flynn, Town
Administrator for topic #2; Spencer Bennett and Linda McGuire for topic #3; and
Aaron Wechsler.
1. Talbot Proposed Subdivision, Lot 354-C Bacon Road:
Martha Sunderland reviewed the current status of issues the Conservation
Commission (CC) is addressing. On March 24, 2007 the CC conducted a site visit
to review proposed wetlands impacts for a Standard Dredge and Fill Permit
application. The two proposed crossings were deemed appropriate. During the site
visit areas of bare soil on slopes with inadequate erosion control measures were
observed. The potential for erosion into streams and wetlands was considerable.
Martha drafted and sent a letter to the landowner requesting the bare soils be
seeded and appropriate erosion control measures be installed as soon as the
weather permits. The CC reviewed and approved another letter Martha drafted to
NH Dept. of Environmental Services (NHDES) stating the 2 wetlands crossings were
appropriate, the CC has no objections to the proposed dredge and fill permit,
but there are concerns about the current site conditions and potential for
erosion. Mark Mitch will draft a letter to submit to the Planning Board (PB)
that addresses concerns regarding the increased number of lots of the 16 lot
proposal, the questionable alignment of the cul-de-sac in the conventional plan,
and the lack of area set aside for storm water management.
Gigi Laberge, a resident of a nearby lot downstream from the proposed project,
expressed concerns that lot 354-C was inappropriate for this type of
development. Her main concern was that a significant amount of water moves
across the lot to feed wetlands below and that the drainage from the lot affects
many landowners. The presence of steep slopes and loss of vegetation further
exacerbates the runoff and creates the potential for erosion. She said she has
seen no engineering that explains how the adjacent landowners will be affected.
Martha Sunderland explained that a drainage study would be part of the
subdivision approval process with the Planning Board.
Dan Paul, an abutter, described wet areas along the north side of the lot (along
old logging road to sap house) that were not shown on the drawings. He felt
these were wetlands that had not been delineated. Denise Rico suggested another
site visit be conducted to look into this because if there were additional
wetlands it would affect the buildable area and subsequently the number of lots
allowed. It was decided to advise the Planning Board to conduct a site visit
that the CC would join before the conventional plan was accepted.
2. Chase Brook Conservation Easement:
Peter Flynn, Town Administrator, reported the new deed that had been resubmitted
to the town no longer included retained timber rights. There was still an issue
with the stewardship fee that needed to be resolved. He hoped to wrap up the
deal within a few days.
3. Ground Water Protection and Water Resources Management Plan:
Holly Green and Martha Sunderland supplied copies of: Paul Susca’s (NHDES Source
Water Protection Coordinator) ground water presentation to the March 28 PB
meeting; a model drinking water protection ordinance; and Henniker’s 1989 “Water
Resources Management and Protection Plan”. The Water Resources Management and
Protection Plan needs to be updated and officially adopted. It has not been
determined if the 1989 version was ever adopted. Holly reviewed a recent NHDES
windshield survey of potential contamination sources. Spencer Bennett suggested
there needed to be some education of where the wells are located and where there
is water storage. He also suggested there should be a meeting with the water
commissioners. He said one of his main concerns is the spread of invasive exotic
aquatic plants. Mark Mitch outlined the status of the invasive exotic weed
identification program the CC has initiated. Martha Sunderland proposed a
subcommittee be established to work on Henniker’s Water Resources Management and
Protection Plan and to propose how to implement it. Formation of the
subcommittee was unanimously approved. Spencer Bennett and Mark Mitch
volunteered to start the subcommittee. Denise Rico expressed interest in the
surface water issues. Holly Green mentioned NHDES grant money that is available
for professional assistance in preparing the plan. Stephanie Alexander, Town
Planning Consultant, will look into the cost for Central NH Regional Planning
Commission to supply this service. Denise Rico will post and advertise a notice
soliciting volunteers for the subcommittee – first meeting will be at the CC
meeting of May 16, 2007. Holly Green will draft a mission statement for the
subcommittee. Denise Rico will call Aaron Sterling who expressed interest at a
PB public hearing in January.
4. Mail:
a.) PB Case # 2007-019 Modification of Phasing Plan for Chase Brook development.
Reviewed with no comments.
b.) PB Case # 2007-004 Que Pasa outdoor seating. Reviewed with no comments.
Denise Rico recused herself from discussion.
c.) PB Case # 2007-005 Idlewild outdoor seating. Reviewed with no comments.
d.) PB Case # 2007-006 Lot line adjustment lots 282 and 283. There were concerns
that a lot was being created that would later create wetlands impact for access.
The CC will advise the PB that a site visit should be conducted that includes
the CC.
5. NH Assoc of Conservation Commissions survey:
Holly Green will ask for an extension of the deadline.
6. Earth Day Activities:
Roni Hardy suggested the CC may want to organize or participate in Earth Day
activities and/or activities planned for “Step it Up 2007”. There will be
activities at New England College and in surrounding towns.
7. Report from Open Space Subcommittee RE: Riverfront parcels:
Bob Stamps reported the landowners had made a counteroffer on the properties.
The Subcommittee had voted on April 2, 2007 to increase the amount originally
offered. The CC voted to approve this offer. Bob reported a private donor had
offered money toward the project and that several state agencies were very
interested in the project.
8. Other business:
a.) Martha Sunderland reported an incident where a beaver dam had been removed
with a machine and there had been increased turbidity in the out-flowing stream.
She will contact the machine operator and landowner to inform them of the proper
course of action concerning the removal of beaver dams.
b.) The PB has requested a member of the CC sit on the Rte 114 Subcommittee.
Denise Rico volunteered.
c.) Peter Walker will be resigning his position on the CC. Holly Green suggested
the longest serving alternate, Stephany Lavallee, fill the position. It was
approved unanimously.
The meeting adjourned at 10:00 PM.
Respectfully submitted, Denise Rico
HENNIKER CONSERVATION COMMISSION
Minutes of Meeting
April 18, 2007 – 7:00 p.m. – Grange
Members Present: Holly Green (Chair), Roni Hardy (alternate), Stephany Lavallee
(alternate), Mark Mitch, Denise Rico, Terry Stamps, and Tom Watman (Selectman
Ex-officio).
Others Present: Bonnie Conway, Davis Conway, Kevin Degnon, Dolly Hess, and Ron
Hess for topic #1; and Tim Lamphere for topic #4
1. Outdoor Wood-burning Furnace: Ron Hess outlined an air quality problem
resulting from the use of an outdoor wood-burning furnace in his neighborhood
near the corner of Maple Ave and Prospect St in the village. He said the unit
emits a lot of air pollution and poses a health hazard to anyone breathing the
emissions. He had done a lot of research and had spoken with the Town
Administrator, the Town Code Enforcement Officer, the Selectmen, State
Representatives Barbara French and Eleanor Kjellman. He had learned there are no
town or state regulations that address outdoor wood-burning furnaces. He would
like to create a Town Ordinance that would regulate these units. It was
suggested that the quickest way to address the issue was to submit a health
ordinance to the Selectmen for adoption as it doesn’t need to go to town
meeting. The neighborhood group will do this and come back before the
Conservation Commission (CC) with specific ordinance templates that regulate
these units.
2. Minutes: The April 4, 2007 minutes were reviewed and approved with revisions.
3. Mail:
a.) Notices of Intent to Cut Wood or Timber for lots 752 and 752B. Cindy
Marsland had attached a note
stating the logger had filed wetlands notification on both lots. Denise Rico
will check with Cindy to verify. Holly Green will contact Vanessa Burnes, NH
Dept of Environmental Services (NHDES) Wetlands Bureau.
b.) Copy of Notice of Administrative Completeness Standard Dredge and Fill
Application from NHDES to Ronald Talbot RE: lot 354C Wetlands file # 2007-00555
dated April 3, 2007, received April 9, 2007.
c.) Letter from NHDES to Holly Green acknowledging receipt of report concerning
the above application Wetlands file # 2007-00555.
d.) Letter from NHDES to the CC requesting a representative for the Contoocook
River Local Advisory Committee.
e.) Copy of Request for More Information from NHDES to the Town of Henniker RE:
lot 494 Ramsdell Rd bridge Wetlands File # 2007-00136 dated April 10, 2007.
4. Talbot Proposed Subdivision, Lot 354-C Bacon Road:
Terry Stamps reported the Planning Board (PB) will be conducting a site visit at
9:00 AM May 5, 2007. Members of the CC are encouraged to participate. Terry
reported the PB had requested the town engineer review the project and he had
submitted a report. The applicant, the town engineer, and Stephanie Alexander,
Planning Consultant, Central NH Regional Planning Commission, are meeting to
review the conventional plan. Terry also reported the boundary dispute had not
been resolved. Tim Lamphere expressed concerns about the proposed development
affecting the flow and quality of surface water leaving the site. He questioned
the configuration of the cul-de-sac on the applicant’s conventional subdivision
plan saying it had an 80 foot grade change as drawn. The CC reviewed a draft of
comments Mark Mitch prepared for the PB addressing the CC’s concerns for each of
the 3 subdivision proposals. A letter from Swift Corwin, Consulting Forester, to
Holly Green was reviewed. It outlined steps implemented on April 2, 2007 to
address the potential for erosion in response to a letter the CC had sent to the
landowner.
5. Report from Open Space Subcommittee RE: Riverfront parcels:
The CC unanimously approved an increase in offering price for the riverfront
parcels. The public hearing will be scheduled for Monday May 14, 2007 at 7 PM.
Terry Stamps will check with Peter Flynn to see if he can provide someone to
take minutes. Holly Green will check on a meeting space. Stephany Lavallee will
check with Stephanie Alexander about posting notice.
6. NH Assoc of Conservation Commissions survey:
The survey was completed and Holly Green will enter the information online.
7. Chase Brook Conservation Easement:
Five Rivers Conservation Trust agreed to hold the easement for the town.
8. Ground Water Protection and Water Resources Management Plan: The first
meeting of the water resources subcommittee was postponed. There will be a more
thorough discussion at the next meeting, May 2, 2007. Holly Green will notify
Spencer Bennett of the change. Holly Green will draft objectives for the
subcommittee.
9. Other business:
Mark Mitch reported a NHDES regional waste forum to be held at New England
College on Saturday April 21, 2007.
The meeting adjourned at 9:30 PM.
Respectfully submitted, Denise Rico
HENNIKER CONSERVATION COMMISSION
Minutes of
Meeting
May 2,
2007 –
7:00 p.m.
– Grange
FINAL
Members
Present: Holly Green (Chair), Stephany Lavallee (alternate), Mark Mitch, Denise
Rico, Terry Stamps, Bob Stamps, Martha Sunderland and Tom Watman (Selectman
Ex-officio).
1. Appoint
new secretary: Decision is to rotate minute taking. The next minute taker will
be decided at the end of each meeting. Draft minutes will be distributed to the
CC and sent to Deb at Town Hall within 72 hours of the meeting. The minute
taker is also responsible for bringing copies of the minutes to the next meeting
for review.
2. Minutes:
The April 18, 2007 minutes were reviewed and approved with revisions.
3. River
properties public hearing: Bob reviewed his proposed outline and took inputs.
Denise will prepare an enlarged map showing the lots. Denise will contact Sher
and ensure pictures of the river are taken and locations noted on the map.
Funds for presentation materials were approved up to $200. The counter offer
has been accepted. The Selectmen will discuss and, hopefully, give their final
approval at their May 15 meeting. Bob will submit the required information for
the May 15 Selectmen’s meeting. Stephany posted the public hearing and notified
the abutters.
4. Talbot
subdivision: Mark will add comments about the hydrology study to the CC’s
comments to the PB. Terry will leave a copy of the HTA preliminary report for
Mark at Town Hall. Terry will confirm with Denise that the HTA report is public
record and can be shared with the neighbors.
5. Intent to
cut: Denise will contact the owners of Lot 752 and 752B to obtain dates for a
site walk.
6. April 18
ZBA meeting: Bob reported that the Talbot subdivision wetlands crossing was
reviewed and approved.
7. Water
Resources Subcommittee: Holly will send a draft of the objective statement to
the CC. Bob will send Holly the format used for the Open Space Subcommittee.
Holly will submit ads for membership to The Villager, Contender and The
Messenger.
8. Other
business: Because the state’s right-to-know law is not yet clear, Tom Watman
reminded the CC that if a topic is discussed and a decision made via e-mail that
the message should be printed and filed. Martha volunteered to take minutes at
the next meeting.
The meeting
adjourned at 8:45 PM.
Respectfully submitted, Terry Stamps
Minutes
Henniker
Conservation Commission Special Meeting
Henniker
Town Hall
May 14th
2007
6:30 p.m.
Members
Present: Bob Stamps, Terry Stamps, Stephany Lavallee, Martha Sunderland, Mark
Mitch (arr.
6:45), Roni Hardy (arr.
6:50)
Public: Bob
Luellen (sp?)
Meeting
called to order at 6:30 p.m.
1)
Martha
presented her understanding of the situation as follows: When the commission
voted to hold a public hearing on the Contoocook Riverfront Project the
Commission included all lots considered, including lot 763D.
Lot
763D was inadvertently left off the posting and notification for the public
hearing and this special meeting was called to discuss the best way to proceed.
After a discussion of options the following motion was made by Stephany and
seconded by Terry.
“ I make a motion to hold the hearing
tonight as posted for all lots except 763D and to hold a second hearing for lot
763D only, after proper notification of abutters and posting.”
Motion passed by unanimous vote.
It was noted
for clarification that the RSAs grant authority to a CC to spend monies from
their Conservation Commission Fund with a majority vote. Because these monies
are to be utilized for the purchase of property for the Town, the Selectmen must
vote to approve the acquisition of property.
Meeting
adjourned at
6:50
Minutes
submitted by Martha Sunderland
Minutes
approved May 16, 2007
Minutes of
Public Hearing
May 14, 2007
– 7:00 p.m. – Town Hall
Members
Present:
Bob Stamps, Stephany Lavallee, Martha Sunderland, Terry Stamps, Kristin Claire,
Mark Mitch
Others
Present:
Paul Doscher, Peter Beckett, Ron Taylor, Joe Norton, Roger Belson, Kirke Olson,
Gail Beckett, Sher Kamman, Tom Watman, Roni Hardy
Bob Stamps called the meeting to order at
7:00
pm.
Bob said the Conservation Commission is
proposing to purchase 36 acres with approximately 5000 feet of river frontage to
be put into conservation.
Bob said the proposal would use a little
over 1/3 of the current conservation fund. He said the fund was created to
purchase land for conservation and was originally voted on at town meeting
several years ago.
Bob said this land along the Contoocook
River between the double steel bridges and Hillsborough along Western Avenue is
an invaluable resource. He said it has some of the best kayaking and fly
fishing in New England, is easily accessible for hiking and picnicking, and also
protects wildlife habitat.
Bob said this public hearing would address
lots 561, 561-B and 349-E. Lot 763-D will be addressed at a later hearing
because it was inadvertently left off the public notice.
Kristin Claire said the conservation fund
has never been used and is replenished each year by applying 50% of revenues
from current use change penalties.
Kristin Claire said the Conservation
Commission would like to purchase these properties in two phases. The first
phase would purchase lots 561 and 561-B (At the next meeting lot 763-D will be
discussed as part of phase one). The second phase would make the purchase of
lot 349-E contingent upon raising most of the money outside of the conservation
fund. An agreement with the land owner would give the Conservation Commission
one year to raise the funds.
Kristin said there is a lot of interest in
the 28.2 acre lot from various foundations and the commission will also apply
for grant money.
Martha. Sunderland asked if phase one is
contingent upon successful fund raising for phase two. Kristin said it was not.
Kristin said the Conservation Commission
has been interested in purchasing these properties since they went on the market
several years ago. She said the land owners have always allowed informal
access, but she is concerned the town could lose that access if the land were
sold.
Bob said it is widely known these
properties provide some of the best trout fishing and kayaking in New England
and said the access could go away unless the land is protected.
Paul Doscher of the Basilwoods Chapter of
Trout Unlimited and Vice President of Land Conservation for the Forest Society
spoke about the significance of this portion of the Contoocook River for trout
fishing. He hopes his chapter of Trout Unlimited could offer a few thousand
dollars and thinks another chapter might give a comparable amount.
Bob read a letter from Rod Pimentel who
could not be in attendance. He spoke in support of the opportunity to secure a
large portion of land along arguably the best white water in this part of New
England. He said New Hampshire is fortunate to still have more access to rivers
than other states have and thinks it should be kept that way.
The meeting moved into Public Forum at
7:18
pm.
Joe Norton, Henniker resident and Executive
Director of the New Hampshire Wildlife Federation spoke about the success story
the Contoocook River is, remembering the 60s and 70s when open sewage ran into
the river and there were no trout. He said it is a unique white water area with
trophy trout regulations. He said each lot is great, but in particular the 28.2
acre lot.
Paul Doscher asked about the price.
Bob said phase one is $105,000 and phase
two is $380,000.
Ron Taylor asked how much is in the fund.
Bob said there is currently $285,000 before
this year's current use penalties are added in.
Roni Hardy asked if the counter offer was
agreed to.
Kristin said yes.
Martha asked if there might be other
opportunities along this stretch of river looking forward.
Kristin said there are loads of
opportunities to keep going with easements and development rights.
Peter Beckett asked if anyone is living on
the lots.
Kristin said not to the town's knowledge.
The Public Forum was closed at
7:29 pm.
Bob said the next step would be to hold a
hearing for Lot 763-D on June 6 at the Grange.
Kirke Olson asked if the town was buying
the gaging station on lot 763-D.
Kristin said it's the Army Corps of
Engineer's station, but they don't own the land it's on. She said an attorney
would be needed to figure out the correct procedures with regards to the Army
Corps. NOTE: It was later confirmed that the gaging station is maintained by
the US Geological Survey.
Stephany Lavallee MOVED to adjourn at
7:33
pm. Terry Stamps SECONDED the motion. It is APPROVED unanimously.
Respectfully Submitted,
David Hayden
HENNIKER
CONSERVATION COMMISSION
Site Walk
Minutes
May 16,
2007– 6:00 p.m.
Unnamed
lot between Patterson Hill and Western Avenue Bridges
Members
present: Holly Green (Chair),
Stephany Lavallee,
Mark Mitch, Martha Sunderland
Others
present: Jim Sinderlar; Bob Spoerl; Roger Belson
The Conservation Commission members walked the unnamed tax map lot owned by the
Town of
Henniker
at a triangle between the
Patterson
Hill Bridge and Western Avenue Bridge.
The purpose
was to review a project by the Henniker Area paddlers to improve a Contoocook
river access area for which they were submitting a Minimum Impact Expedited
Wetlands Permit Application to the NH Department of Environmental Services.
The proposed
project blocks off the existing path used to haul boats and replaces it with a
path which will have less impacts on the river bank.
Two plans
were presented. Both of them proposed blocking off the existing path used to
haul boats and replacing it with a path on a less steep part of the bank, which
would have less impact and cause less erosion to the river bank. The second of
the two plans, drawn by Bon Spoerl, would also involve building a path along the
bank.
Concerns were
raised that the second plan's path along the bank would have more impact on the
river and would cause more erosion, particularly since it called for removing
small trees from the bank.
The
Commission members recommended to the Henniker Paddlers that the first plan,
which did not include the path along the bank, should be the plan that they
pursue.
It was also
noted that the top of the bank should be re-seeded to prevent erosion, but that
re-seeding the existing path would be difficult due to the sparse soil
conditions.
The site walk
concluded at 6:30 pm
Respectfully submitted, Holly Green
HENNIKER CONSERVATION COMMISSION
Minutes of Meeting
May 16, 2007 – 7:00PM – Grange
DRAFT
Members present: Holly Green (Chair) Mark Mitch, Denise Rico, Terry Stamps,
Martha Sunderland, Stephany Lavallee
Others present: Jan and Peter Hale, Chris Kane and Jared Nylund (Five Rivers
Conservation Trust), Roger Belson (Henniker Area Paddlers).
Jan and Peter Hale expressed concern that excavation work being done by Back Bay
Stone may impact on their well. Recommend that they contact DES. Denise Rico
arrived after the Hale’s expressed their concerns to the Commission.
Chase Brook Conservation Easement: Chris Kane and Jared Nylund are proceeding to
conserve the Chase Brook property and discussed the preparation of the easement
document. Additionally, a copy of the deed has been requested and a more
extensive site walk of the property is planned.
Minimum Impact Expedited Wetlands Permit Application for Boat Pull out between
Paterson Hill Road and Western Avenue Bridges: Site walk done at 6:00PM with
members of the Henniker Paddlers Club. Roger Belson presented the application to
the Commission and a motion was made and seconded to approve the application.
Vote unanimous. Holly will send a letter to DES with the Commission’s comments.
Minutes: The 05/02/07 and 05/14/07 minutes were reviewed, amended and approved.
Mail: (a) Forestry Notification of Forest Timber Management having minimum
impact on wetlands received, RE: File #2007-00803. Site walk scheduled for
05/22/07; will meet at Town Hall at 6:00PM. Holly will call Riki to notify. (b)
Brochure received from Local Government Center (LGC) listing upcoming workshops.
To register go to the LGC website at www.nhlgc.org. (c) Denise Rico has been
appointed to serve on the North Branch and Contoocook River Local Advisory
Committee.
Public Hearing May 14, 2007 on River Properties. The Conservation Commission
will hold a meeting on June 4, 2007 at 7:00PM at Town Hall. The first item on
the agenda is the public hearing regarding lot 763D.
Report on May 9, Planning Board Meeting. Review of potential ordinances for 2008
to include Watershed and Aquifer Protection. The Skyline Overlay Ordinance will
be revisited by Bob Stamps at a future meeting.
Right to Know Law: Will be discussed in detail at a future meeting. The
Commission’s policy is to refrain from discussing business via e-mail. However,
some decision making via e-mail is needed to function efficiently. Examples may
include establishing future agendas, scheduling a site walk, reviewing draft
minutes, etc. If any such discussion occurs, it will be presented at the next
meeting.
Other Business: Received a survey from UNH that will be incorporated into the NH
Recreation and Conservation Leader’s Community needs assessment.
The meeting adjourned at 9:00 PM.
Respectfully Submitted, Stephany Lavallee
HENNIKER
CONSERVATION COMMISSION
Site Walk
Minutes
May 22,
2007 – 6:00 p.m. – Rte 114 and Colby Crossing Road
Members
Present: Holly Green, Martha Sunderland, Stephany Lavallee
Also Present:
Sean Hathaway, Lost Cloud Forest Mgmt
On May 22,
2007 the Henniker Conservation Commission conducted a site visit to the logging
operation on lots 752 and 752B with the logger, Sean Hathaway. Members met Sean
Hathaway at the site and he accompanied them to the location where the logging
was taking place.
On one of the
lots there is a stream and small wooded pool/wetland and the logger's skid road
crosses the stream above the pool. Mr. Hathaway pointed out some cloudiness in
the pool and explained that it was due to an action taken by his subcontractor
at the stream crossing. Members observed that a corduroy type crossing had been
removed and the wet area beneath driven through with large machinery resulting
in deep muddy ruts. Mr. Hathaway explained that the operator was trying to
drain water backing up under the logs used in the corduroy crossing but should
not have removed the logs or driven through the area.
The members
advised Mr. Hathaway to stay out of the area until it was dry and to replace the
logs before crossing the area again and recommended some additional straw bales
below the crossing to slow the stream drainage and protect the pool from further
siltation. They also recommended that some smaller trees knocked over into the
drainage be removed as part of the operation clean up and that all logging roads
be reseeded. Mr. Hathaway verbally agreed with their recommendations. No other
issues with the logging operation were observed.
Respectfully submitted, Holly Green
Minutes
Henniker
Conservation Commission Meeting
Henniker
Town Hall
June 4th
2007
7:00 p.m.
Members Present: Holly Green (Chair), Roni
Hardy, Stephany Lavallee, Mark Mitch, Denise Rico, Bob Stamps, Terry Stamps,
Martha Sunderland, Tom Watman
Public Present: Kristin Claire, Ron Taylor
Meeting called to order at
7:35 p.m.
1. Public Hearing on
Lot 763 D –
Minutes of the public hearing are posted separately
2. Review and approve minutes for
5/16/07
meeting, 5/16 and 5/22 site walks, and 5/14/07 public hearing:
Discussion of the
5/14/07
hearing minutes, 5/16/07 meeting minutes and 5/22 site walks were tabled until
next meeting.
Minutes of the
5/16/07 site
walk were approved as amended by unanimous vote.
3. Kristin Claire raised a question about
several town-owned river front lots which the town currently has on the market.
The lots in question are lot 349J, which is located adjacent to the largest
parcel of the Contoocook Riverfront Conservation Project, lot 402 and lot
381-A2. A discussion ensued about the inadvisability of selling these
riverfront lots just as the town is spending money to buy others for
conservation. Two of the lots, 341J and 402 are riverbank lots not suitable for
development and lot 381-A2 is prone to flooding.
Martha made a motion, seconded by Denise
“to ask the selectmen to remove tax lot 349J and tax lot 402 from the market for
public sale because of an interest by the Conservation Commission to include
them in the Contoocook Riverfront Conservation Project.” Motion passed
unanimously
Martha made a motion, seconded by Denise
“to ask the selectmen to remove tax lot 381-A2 from the market for public sale.”
Motion
passed unanimously
4. Policy on Site Visits Relating to
Forestry Notifications
Holly brought up the question of site
visits in relation to a perception that was reported to her by a landowner that
the commission is not consistent in which forestry sites it visits. A
discussion of the CC’s historical mode of operation led to a suggestion by Terry
that we do some background research into Conservation Commission rights and
responsibilities in this area and that we use that information to draft a policy
on forestry site visits. It was suggested that the NHACC or the
Local
Government Center would be good places to begin research and Holly agreed to
look into this.
5. Report on May 22 site walk of Lots 752
and 752B relating to Notification of Forest Management or Timber Harvest
Activities Having Minimum Wetlands Impact for
RSA 91-A. It
was noted that a violation of best management practices was observed at a stream
crossing but that the logger was aware of the problem and agreed that no further
activity by the subcontractor doing the work should take place in the crossing
until it dried up. The contractor had removed a corduroy crossing in order to
speed drainage after a rainstorm and then driven through the mud underneath
causing deep ruts and siltation to a large pool downstream. Martha will draft a
paragraph describing what was observed and Holly will put it into a letter to
the landowner, CC’d to
DES and the logger.
6. Mail:
- Planning Board Application (Case
2007-006) Two
Lot
Subdivision for Lot 549-F1
Denise recused herself. The CC will
recommend to the PB that they verify that the land is flat and that neither
streams nor wetlands are located on the property before granting the requested
engineering waiver.
- Planning Board Application (Case
2007-007) Subdivision Plan for Map 1-
Lot 726 (Morse and
Mt Hunger
Road)
The commission recommended that the
applicant be asked to show the entire lot on the plan, particularly the streams
on the lot. The commission recommends a site visit for this proposal due to all
the wetlands and streams on the lot.
- Planning
Board Application (Case 2007-008) Site Plan for
Greater
Henniker Counseling Association Map 2 -194-B1
Because no site work is planned the
commission has no comment
- Update on site work question
regarding land clearing on Old Concord Road – Holly looked into who at
DES was responding but could not
determine if the complainants had followed up with the State.
- Letters from NH Department of
Agriculture, Markets and Food.:
The commission was cc’d on two letters from
Richard Uncles, Director of the Division of Regulatory Services to local
farmers. The first was to Dan Cilley who has a dairy operation on
French Pond Road
advising him of changes he needs to make to protect French Pond from the impacts
of his operation. The second was to Lenny Buxton who has a pig farm on
French Pond Road
advising him to keep pigs out of his “lower field” which is near Cow Brook, and
to submit a nutrient management plan. It was reported that the pigs have now
been moved. Mark noted that the horse farm along the road would also need to
conform to Best Management Practices if they are not already doing so.
- The town received a Notice of
Administrative Completeness From
DES for the
minimum impact expedited application for the boat take-out at the metal bridges.
7. Right to Know Law Procedures - tabled
8. Minute Taking Procedures – A draft
policy was handed out for study prior to a future discussion. Bob agreed to
take the next minutes if he does not have a ZBA meeting that night.
9. Report on
5/23/07
Planning Board Meeting – this was a working session but our recommendations for
zoning amendments were added to the PB’s list for next year.
10. Report on Contoocook River North Branch
Local Advisory Committee meeting on
5/21/07
Denise noted that they recommend that we
post signs, available through
DES for about $75 per sign, at river
crossings advising people that this is a protected river.
11. Filing Needs – Holly reported that the
large locking cabinet we had been using at the Grange was taken to the dump
because of the perception that it was not in use. The materials we had stored
in it were left on the Grange floor. Holly asked that we think about what our
needs are in order to make that office space useful.
12. Other Business - none
Meeting adjourned at
9:15
Minutes submitted by: Martha Sunderland
Minutes approved:
June 20, 2007
Henniker Conservation Commission Meeting Minutes
Henniker Grange Hall
June 20 2007 7:00 p.m.
Members Present: Holly Green, Terry Stamps, Denise Rico, Martha
Sunderland, Tom Watman, and Stephany Lavallee
Public Present: None
Meeting called to order at 7:15 p.m.
-
Minutes reviewed and approved with revisions for 5/16/07 and 6/4/07
meetings, 5/22/07 site walk, and 5/14/07 public hearing.
-
Mail.
a.
NHDES approved Wetlands and Non-site Specific Permit 2007-00136 for work
associated with the Ramsdell Road bridge.
b.
NHDOT application for driveway alteration for Henniker Sand, Crushed Stone and
Gravel, Taxmap 1, Lot 103X.
c.
Notification to abutter of proposed activity within 20 feet of wetlands adjacent
to a property line from Schauer Env. Consultants for Tax map 1, Lot 324.
d.
Citizen request regarding the processing for Intent to Cut forms. The request
recommended that Intent to cut forms will be delivered to the Conservation
Commission’s mail box within 48 hours of receipt by Town Hall. The Town
Administrator has agreed to implement this policy.
- The
Central New Hampshire Regional Planning Commission has requested suggested
sites for a Subdivision Open Space Tour to be held on 7/19. It was suggested
that Ridge Top Estates and Chase Brook Properties should be submitted along
with details of the process and timeline.
-
Water Resources Subcommittee. Discussion focused on whether the work done by
the subcommittee should focus on groundwater issues or include surface
waters. The subcommittee will build on the work provided in the 1989 Water
Resource Management and Protection Plan that was prepared for Planning
Board. Concerns were raised that if the committee were to take on a surface
water component it would delay bringing forth the revised Watershed
Protection Ordinance to vote in Spring 2008. The Commission agreed that the
subcommittee would focus on groundwater and aquifer protection with a
tentative date of 2009 for bringing forward a groundwater protection
ordinance. Additional conversation considered whether to examine all
groundwater in Henniker or only those areas directly associated with the
Town (Cogswell Springs) water supply.
The subcommittee charter statement and recruiting of members were
discussed (See below). There was consensus that an ad/announcement be released
to invite interested residents to join the subcommittee.
Water Resources Management Committee Charter
A Sub-committee of the Henniker Conservation Commission
The purpose of the Water Resources Management Sub-committee is to
study and make recommendations for the protection of the Henniker’s Water
Resources.
Activities will include:
-
Updating the 1989 Water Resource Management and Protection Plan and expand
where appropriate.
-
Working towards an aquifer/groundwater protection ordinance with
consideration of the 1989 plan’s recommendations. The Conservation
Commission’s goal is to have an ordinance ready for town meeting in 2009.
- The
minute taking procedure and policy proposed by M. Sunderland was approved.
- Item
#5 on the agenda, Filling Needs was tabled until the next meeting.
-
Other Business. The Bacon Road Development Drainage Report submitted to the
Planning Board was discussed. It was noted that as of this meeting date the
Planning Board had received the subdivision plan but has not accepted the
proposal. It was also observed that one of maps (Plan C3.0 Cluster Phasing
Plan) included with the drainage report had text stating that the public
open space would only be usable by property owners.
Meeting adjourned at
9:10 p.m.
Minutes submitted by: Mark Mitch
Minutes approved: July 30, 2007
Henniker
Conservation Commission Meeting
Henniker
Town Hall
July 30,
2007 Meeting 7:00 PM
Members
Present: Holly Green, Tom Watman, Roni Hardy, Stephany Lavallee, Mark Mitch,
Denise Rico, Bob Stamps, Terry Stamps
Public
Present: Kristin Claire
Meeting
commenced at
7:05 PM
1. Mail
received:
a. A
discussion of an application to the Planning Board for a planned subdivision at
the corner of
Morse Road
and Mt Hunger Road. The map did not show if there are wetlands or not.
Recommendation to the Planning Board that they require the applicant to show any
wetlands so the Conservation Commission can assess possible impact.
b. Two
wetlands permits were received from NHDES: one for Lot number 2 at the corner of
Western Ave and Patterson Hill Rd, and one for Lot number 322 at 88 Old
Hillsboro Rd.
c. A copy of
a letter to Peter Flynn from Town Counsel, Barton Mayer of Upton and Hatfield
attorneys, was received asking the town for a waiver from any conflict of
interest issues since they are representing both the buyer and seller in the
planned purchase of the River properties using conservation funds.
d. A letter was received from
NHDES giving the results of the E.coli test of water samples taken from French
Pond on June 27. E.coli were within acceptable levels.
2. Discussion
of a draft letter from the Conservation Commission (written by Roni Hardy) to
shore land owners in Henniker giving them info on how to responsibly manage
shore land property as far as disturbances such as cutting and removal of
vegetation, use of fertilizer, sand dumping, etc and whom to contact with
questions.
3. Review of
the minutes from the June 4 public hearing and the CC meetings of June 20 and
July 18. The minutes were approved with revisions.
4. Kristin
Claire reviewed the anticipated costs of completing the environmental studies of
the River properties under contract for purchase by the town and the proposal
was evaluated.
Bob Stamps
made a motion to approve spending $6455 from the Conservation Fund for the
testing and to authorize Kristin to renegotiate the contract to allow more time
for the testing. Martha Sunderland seconded the motion and it was approved
unanimously.
We agreed
that this testing analysis will not be given to the sellers so that they will
not get any private benefit from the use of the conservation fund.
5. Open Space
field trip- Denise Rico reported on a field trip she took to look at other
towns’ open space developments. She said other towns are enforcing covenants as
to how open space in developments is managed. We discussed how our Planning
Board might put such covenants into our open space development approval process
and that they should identify the important parts of the land being developed to
make sure they are protected as much as possible.
Meeting
adjourned at
8:40 pm.
Minutes
submitted by Bob Stamps
Minutes
approved: 8/15/07
Henniker
Conservation Commission Meeting
Grange Hall
August 15, 2007
7:00 PM
Members Present: Holly Green, Roni Hardy (left at 9 PM), Stephany Lavallee, Mark
Mitch, Denise Rico, Bob Stamps (arrived at 7:45), Terry Stamps, Martha
Sunderland, and Tom Watman (Selectmen ex officio)
Meeting commenced at 7:00 PM.
1. Reviewed and approved July 30, 2007 meeting minutes.
2. Talbot Subdivision: Reviewed most recent set of plans submitted by developer,
as accepted by the Planning Board. Martha had prepared and handed out some draft
written comments on the plans for discussion purposes. Discussion ensued.
Mark will email Martha an additional input/question regarding the most
severe rain event which is noted in the applicant’s drainage report.
Motion made by Holly, “To review Martha’s edits on the Talbot Subdivision
comments and approve them at the next CC meeting for submittal to the Planning
Board.” Seconded by Mark. The motion passed unanimously.
3. River Properties (Report of Open Space Subcommittee): The Open Space
Subcommittee voted at its August 6 meeting to confine the environmental
assessment to be undertaken on the lots to Phase II testing only, despite this
Commission’s vote to include Phase I Environmental Site Assessment also. It was
pointed out that the Subcommittee did not have a quorum voting (3 out of 7
members) and therefore, the vote was not legal. Bob wanted to know whether there
is an official policy about the extent of environmental assessments to be
undertaken on proposed land purchases for the Town. Holly presented the results
of some research she did on environmental inspections. Tom pointed out that the
Town is liable for any environmental hazards on town-owned property and he feels
that it is money well spent to include a Phase I Environmental Site Assessment
on prospective purchases. Martha proposed that the Commission adopt a policy,
and made a
MOTION: To develop a Conservation Commission written policy on details of Phase
I and Phase II Environmental Site Assessment for all property the Conservation
Commission is considering for holding by the town. The motion was SECONDED by
Stephany. All were in favor. MOTION PASSED.
4. Shoreland Owner Outreach. Roni asked that this agenda item be tabled for a
later meeting, because of time constraints.
Other Business:
A. Long Pond Beach. Roni reported that she heard back from the NH Dept. of
Environmental Services’ Wetlands Bureau on the complaint about sand dumping on
the beach at Long Pond. She was told that because it is not known who dumped the
sand, the Bureau would need to go after the owners of the beach. Because there
are over 120 deedholders with a fractional interest in the beach lot, the Bureau
would need to research each deed before notifying the owners and they do not
have the resources to invest that amount of time.
Motion made by Mark, “To extend the meeting another 20 minutes.” Seconded by
Holly. The motion passed unanimously.
5. Right to Know Law and Minute Taking Procedures: There was discussion to
clarify the Right to Know Law as it pertains to administrative items vs.
substantive actions. This was to address a question about an e-mail
exchange needing to be documented and attached to previous minutes.
Motion made by Holly, “To amend the minutes of May 14, 2007, based on
legal opinion and remove Section 1.” Seconded by Bob. The motion passed
unanimously.
The Minute Taking Procedures were reviewed and edited. Martha will incorporate
the edits and send to the CC for final review and approval at the next meeting.
6. Mail: Wetlands Bureau sent a letter to St. Theresa’s Parish granting them a
60-day extension to address all wetlands impacts associated with the
previously approved permit.
7. Other Business: Denise indicated the acquisition of protected river signs was
approved by the Selectmen and will be pursued.
Water quality issues were noticed in Chase Brook near Temple Rd. DES will
investigate.
Motion made by Mark, “To adjourn the meeting.” Seconded by Stephany. The
motion passed unanimously. The meeting adjourned at 9:47 PM.
Martha requested the meeting reconvene to review an Intent to Cut. The meeting
reconvened at 9:50 PM. Members present: Martha Sunderland, Holly Green,
Mark Mitch, Denise Rico, Terry Stamps, Bob Stamps.
An Intent to Cut for Lot 548 was received. Property owner is Sweeney. Martha
will do a preliminary walk and let the CC know if a site walk is warranted.
Motion made by Bob, “To adjourn the meeting.” Seconded by Martha. The motion
passed unanimously. The meeting adjourned at 9:53 PM.
Respectfully submitted,
Roni Hardy and Terry Stamps
DRAFT MINUTES
Henniker
Conservation Commission Meeting
Grange Hall
September 5,
2007
Members
Present: Holly Green, Denise Rico, Martha Sunderland, Bob Stamps, Terry Stamps,
Stephany Lavallee, Tom Watman (Selectman ex officio}
Meeting
Commenced at
7:00PM:
1. Minutes
of August 14, 2007 approved as presented.
2. Ian
McSweeney, Director of the Russell Foundation. The Russell Foundation is a land
conservation program of the Piscataquog Watershed. Ian discussed the purpose
and goals of the Foundation and how it could assist the Town of Henniker as well
as individuals who own property within the Piscataquog Watershed and wish to
conserve the land. Printed material was provided as a resource for further
review..3. Mail: Case 2007-015, Bumford Minor Lot Line Adjustment. The request
is to annex 0 .27 acres from lot 767 to lot 767A. The new adjusted lot would now
be 1.08 acres. Approved by the Conservation Commission
3.
Intent
to Cut Lot 548. Martha will do preliminary site walk and report back to
commission.
4. Letter to
NH Department of Fish and Game on holding an easement on the river properties:
Submission of (DRAFT LETTER) would be premature at this time. More information
needs to be obtained regarding restrictions before proposal could be presented
for a Town vote. Bob will follow up with Fish and Game Dept for more details and
report back at the next meeting. Motion made by Holly, second Terry, That a
statement needs to be added to the second paragraph of the above letter stating
that any agreement regarding an easement will be contingent upon approval vote
at Town meeting. Unanimously passed. Additional comments regarding how future
donations for the river properties would be held and dispensed will be discussed
with Town Finance Officer. Bob will follow up with this action.
5. Comments
to Planning Board on the Talbot Subdivision/Bacon Road: Draft letter reviewed and corrected.
Motion made by Bob, second by Terry to accept letter regarding the
Bacon Road
subdivision for submission to the Planning Board. Unanimously passed. Holly
will draft a letter to DES reference Drainage Report and will wait to provide
comments from the Conservation Commission once the report is reviewed by the
Town engineer.
6. Shore
Land Owner Outreach Letter: Letter reviewed and corrected, and Motion made by
Holly Second by Martha to approve letter as corrected. Unanimously passed.
Additional Motion made by Martha Second by Bob to authorize funding to pay for
mailing to include selecting the most practical and economical means.
Unanimously passed. Note: Motion made by Terry second by Holly to extend
meeting another 20 minutes. Unanimously passed.
7. Proposed
Zoning Amendment for 2008 and Input to Planning Board for Subdivision
Regulations Update: The intent is to submit ordinance concerning the Watershed
District Overlay. Will contact Mark for his input and review. Also intend to
consider a Wetland Buffer Ordinance. Ordinances from other towns reviewed
regarding buffer zones, Sample ordinances from the Town of Deering and CNHRPC
for Storm Water and Erosion Control were reviewed. Holly will provide additional
information for submitting a proposal for 2008. Note: Motion to extend meeting
for 10 minutes made by Holly Second by Terry, Unanimously passed.
8. Other
Business: Holly discussed site walk visit on Tad Kahr property on Long Pond.
Advice from
DES that a Wetland Permit is not
required.
Meeting
Adjourned at
9:35 PM
Respectfully
submitted,
Stephany
Marchut Lavallee
DRAFT MINUTES
Henniker
Conservation Commission Meeting
Grange Hall
September 19,
2007
Members
Present: Holly Green, Roni Hardy, Mark Mitch, Denise Rico, Martha Sunderland,
Tom Watman (Selectman ex officio}
Meeting
Commenced at
7:00 PM.
1.
Mail:
Memo from
Town Administrator Peter Flynn regarding the policy for appointments to Town
Committees, and indicating that there are currently two “alternate” vacancies on
this Commission. There is also an open position for a Conservation Commission
member on the Hazard Mitigation Committee.
An additional
memo from Peter Flynn soliciting capital improvement requests. The Commission
has none.
Email from
Terry Stamps (who was unable to attend the meeting) regarding a workshop the
Planning Board is considering sponsoring on Conservation Design for
Subdivisions. The Central NH Regional Planning Commission will contribute some
money to keep the cost to between $500 and $1,000 for Henniker. The workshop is
currently scheduled for October 16 and it will be either an all-day or a two-day
event. Members asked various questions about the speaker’s qualifications and
the intended audience for the workshop and it was concluded that more
information was desired.
2.
Bacon Road
Subdivision.
Members
reviewed the Town Engineer’s report on the Bacon Road Subdivision Drainage
Report; and the developer’s (Turner) point-by-point response to this
Commission’s comments. (Those documents are attached to these minutes.) Martha
will draft a response to the Planning Board for review at the next meeting.
Holly will
draft a comment letter to the Dept. of Environmental Services on the Alteration
of Terrain Permit Application and will reference the Town Engineer’s comments.
She will prepare that for review at the next meeting unless there isn’t time
before the deadline.
Mark made a
MOTION to grant Holly authority to write and sign the letter and submit it to
DES if there isn’t time for the full Commission to review it. Motion seconded by
Tom. Passed unanimously.
3.
Advertisement
to recruit Water Resources Subcommittee members.
Holly will
place an ad in the Outlook (after obtaining some boiler plate language from
Peter Flynn as to the functions of a Water Resources Management Committee) to
solicit volunteers to serve as committee members.
4.
Watershed
Protection Ordinance.
Holly
reported that Terry (as a member of the Planning Board) would like us to go
forward with the revised Watershed Protection Ordinance. Mark will draft a
summary for the Planning Board’s meeting next Wednesday (September 26).
5.
Chase Brook
Easement.
Tentative
dates for a site visit to meet with representatives from Five Rivers
Conservation Trust are Wednesday, October 17, Saturday, October 20; and
Wednesday, October 24.
6.
Status of
River Properties Purchase.
Denise
reported that the Phase I environmental assessments have been conducted on the
smaller parcels indicating that no Phase II assessment is indicated. The owners
want to close on the smaller properties next week. Tom raised a concern that the
Commission has not seen a written report on the environmental assessment, but is
relying on someone’s word, before going forward with the closing. It was pointed
out that the Purchase and Sale Agreement will expire before the next
regularly-scheduled meeting and it may be necessary to hold a special meeting.
7.
Other
Business.
River
Clean-up. Mark has 5-8 college students who are ready to pick up debris along
the river on Saturday. Those interesting in helping will meet at 10 AM on
Saturday, September 22 at the Ramsdell Road Bridge. Denise will have her trailer
available on
River Road.
Lake
Sampling. The
Commission’s annual Lake Sampling will occur on Saturday, September 29.
Volunteers will meet at 9:30 am at the Science Building.
Meeting
Adjourned at 9:10 PM
Respectfully
submitted,
Roni Hardy
Henniker Conservation Commission Meeting Minutes
Henniker Grange Hall
September 21, 2007
DRAFT
Members Present: Holly Green, Bob Stamps, Terry Stamps, Denise Rico, Roni Hardy,
Mark Mitch, Martha Sunderland, Tom Watman (Selectman ex officio}
Public Present: Kristin Claire (Open Space Subcommittee), Cordell Johnston
Meeting commenced at 7:05 p.m.
1. Discussion of closing on purchase of river properties: Kristin Claire
presented a letter from GeoInsight, Inc. dated Sept. 21, 2007 from Peter D.
Frank stating the Phase 1 Environmental Assessment was complete on lots 561,
561-A (merged with 561), 561-B, and 763-D and it “did not observe or identify
‘recognized environmental conditions’”.
Martha Sunderland made a motion to accept the letter from GeoInsight, Inc dated
Sept. 21, 2007 stating Phase 1 Environmental Assessment on lots 561, 561-A
(merged with 561), 561-B, and 763-D is complete and shows no environmental
issues. Tom Watman seconded. Motion passed unanimously.
Kristin explained that Peter Frank was conducting a Phase 2 Environmental
Assessment on lot 349-E because there are lead pellets present on the property
from a former skeet shooting operation. Lots 561, 561-A (merged with 561),
561-B, and 763-D will go to closing on Tuesday, Sept. 25, 2007. Tom will be
present to sign the documents. Kristin stated an extension of the Due Diligence
period is required for lot 349-E.
A discussion ensued regarding the Conservation Commission’s (through the Open
Space Subcommittee) negotiating procedures and documentation. Tom felt the
Conservation Commission was not exercising proper oversight of the Open Space
Subcommittee. Holly Green explained that Kristin was authorized to negotiate on
behalf of the Conservation Commission by a vote at the July 30, 2007 meeting.
Bob Stamps stated the Open Space Subcommittee issues recommendations and
requests to the Conservation Commission for consideration and that no decisions
had been made by the subcommittee. Martha Sunderland suggested communication
could be improved if the subcommittee’s minutes were available at Conservation
Commission meetings and a summary was presented. A timeline of the transaction
process will be created for future projects.
Right to Know law was discussed as it relates to an email from Holly concerning
signing of the due diligence extension. Cordell Johnston reviewed how the law
applies - information exchanges are permissible but decisions or requests for
opinions are not.
Kristin outlined the next steps for the project. The one year fund raising
period for lot 349-E will begin on Sept. 25, 2007 (closing date for the smaller
lots). GeoInsight, Inc.’s full report (Phase 1 and Phase 2) should be complete
by the end of the September. Kristin will ask Peter Frank to present the report
at this commission’s October 3rd meeting. Tom requested the report be sent the
Town Counsel. An extension of the Due Diligence period will be sent to the land
owners that will give the Commission time to review GeoInsight’s report.
Bob made a motion to extend the Due Diligence deadline for lot 349-E to Nov. 15,
2007. Terry Stamps seconded. Motion passed unanimously.
A motion was made and seconded to adjourn the meeting. Motion passed
unanimously.
Meeting adjourned at 9:30 p.m.
Minutes submitted by: Denise Rico
Minutes approved:
MINUTES
Henniker Conservation Commission Meeting
October 3, 2007
7:00pm Henniker Grange Hall
In Attendance: Holly Green Stephanie LaVallee, Denise Rico, Martha Sunderland,
Tom Watman, Bob Stamps, Terry Stamps, Mark Mitch
Public in attendance: Kristin Claire, Peter Frank, Greg Smith, John Liptak
Meeting Called to order at 7:07 PM
1. Open Space Subcommittee
The discussion of the results of the River Properties under contract for
conservation by the town included Peter Frank and Greg Smith of Geoinsight, the
company which performed the testing, and John Liptak of NHDES, and Kristin
Claire of the Open Space Subcommittee. A summary of the discussion follows:
Peter Frank of Geoinsight made the following comments (summary): Geoinsight
found no indication of contamination on the smaller properties already purchased
by the town. The larger lot, lot 349e which is still under contract for purchase
pending the results of the testing, was used for trap shooting, and field
screening and lab tests were performed to check for contamination. They found
textbook examples of lead contamination problems with skeet trap shooting sites.
The testing was limited to surface (within the top 6 inches) impacts which
extend over at least 3.9 acres. The impacts have to be addressed in some way
ultimately. They recommend further study. The affected area is on high ground
with no wetlands which reduces the risk. The affected area is more than 100 feet
from the river and it is woody, which also reduces the risk. It would be rare to
find lead in the groundwater, but we need to know if the contamination has
reached ground water and we need to know if and how the property’s use must be
restricted. The Conservation Commission needs to decide if we want more tests or
not. Arsenic was also present (the shot includes some arsenic). Geoinsight feels
pretty comfortable that they have determined the lateral extent of contamination
but they suggest some more checking. Peter Frank does not think there are any
supply wells near the contamination area. But if this was going to be developed
for residential use it would require major cleanup.
John Liptak of NH DES made the following comments (summary): Even if we don’t
buy this property (lot 349e) the sellers will have to do some work to clean it
up. We should widen the angle of land we tested to 180 degrees (angle from the
trap shoot pad) especially over to the left of the trap shoot pad. He does feel
the field test instruments Geoinsight is using are doing a good job of testing
the property. We should do a few sediment tests along the riparian bank. He
thinks we should also take some groundwater samples if we can get them. We
should find out if there is a well for the cottage to the south of the property.
If there is no groundwater problem found we could simply restrict the activities
so that lead cannot contact people. For example, no one should dig on the
property without proper protection, etc. We could also either vacuum the
contaminated soil or cover it. We could also use a chemical binder to keep it
from leaching. Or we could put fabric on top and add 3, 4, or 6 inches of soil
on top. The use restriction on the deed should include that any digging for boat
ramps, power line, etc requires that workers wear protective clothing. There
would also need to be a formal Activity Use Restriction (AUR) document filed
with the state.
Stephanie asked if the shot stuck in trees could cause problems. Peter commented
that any shot stuck in the trees would take years to cause problems and is
probably not an issue.
Kristin asked if we need to drill wells to check for groundwater contamination-
John said we can drill micro wells which are cheaper. John does not know yet if
we will need to keep the wells open for ongoing monitoring.
Kristin asked if there are state funds for this type of cleanup - John says he
does not know. He will ask about that and get back to Holly.
Martha asked if we were to back out of the purchase, what would the sellers have
to do - John says DES will request that they do a cleanup even if they decide
not to sell.
Denise asked what would happen if we found lead in the sediment - John said DES
might request that the lead contaminated sediment be removed.
Peter said will let us know what the additional testing will cost.
Kristin asked if she could have a meeting with the sellers and John at DES to
explain the problem to them. John said yes.
Bob asked where the contaminated area is in relation to the freight train rapids
area - the response was that it is right at the freight train area.
Peter says it might l cost about $7-12k more for the additional testing and that
the costs of remedy will not be astronomical since there would be limited use n
the property.
Kristin says that we may not be able to spend conservation money on cleanup.
Tom asked if the owners could be forced to pay for the follow up testing. There
was no response.
John requested a final version of the report- Peter will send him a PDF file.
Once he has the report, the site will be classified as a contaminated site. John
commented that once individuals become aware of contamination to a site in NH,
that state law requires them to report it to the state.
Martha moved that we authorize Kristin to contact the owners to inform them
about the report. The motion passed unanimously.
Martha moved that we authorize Kristin to notify Peter Frank that he can send
the report to the state once she has tried to contact the owners. The motion
passed unanimously.
Martha moved to authorize Peter Frank to give price for a scope of work and for
performing the supplemental work to the phase 2 report. The motion passed
unanimously.
Kristin commented that we have until Nov 15 to decide if we still want to
purchase the property.
2. Bacon Road subdivision
We reviewed Martha's response from the CC to the planning board regarding the
applicant's comments to the CC. It was agreed that we should reiterate our
desire that the open space be available to the public and that it remain in its
natural state. Holly moved that we accept the letter with revisions and the
motion was approved unanimously.
3. Planning Board Application (Case PB 2007-016) Lots 265 and 262 Pauly/Perron
Lot Line Adjustment
Denise asked to be recused from the discussion. Bob moved that we indicate no CC
concerns or comments. The motion was approved unanimously
4. Conservation Subdivision Workshop-
PB wants to know if CC wants to cosponsor it. Martha moved that because we
feel this would benefit open space subdivisions in the future that we support
the workshop. The motion was approved unanimously.
5. Meeting procedures
Holly handed out info on Roberts Rules of Order. Tom also handed out comments
from Cordell as to what is required by law. Holly also handed out the board of
selectmen procedures. We will discuss them at next meeting.
6. Chase Brook Easement
On Oct 24th at 3 PM we will have a site walk 3PM with Five Rivers (who will be
holding the easement). We will meet at Town Hall.
7. Other business
Holly reviewed an advertisement asking for volunteers for our Water Resources
Subcommittee. Holly moved to approve the ad with revisions. The motion was
approved unanimously.
Holly will draft a grant proposal for Local Source Water Protection Grants
DES Alteration of Terrain Permit for Bacon Road Subdivision: A comment letter
from DES to the applicant indicating that they have concerns about is in the
mail.\
Mark notified us that Oct 13 is the Pond Sampling at 9:30 AM at the science
building at NEC.
Meeting adjourned at 10:15.
Respectfully Submitted,
Bob Stamps
MINUTES APPROVED NOV 7 2007
Henniker Conservation Commission
Minutes of Meeting
October 17, 2007 -7:00 p.m. - Grange
Members Present: Holly Green (Chair), Roni Hardy, Stephany Lavallee, Mark Mitch,
Denise Rico, Terry Stamps, Martha Sunderland, Tom Watman
Public Present: Dan DaCosta
Meeting called to order at 7:05 p.m.
1. Public Consultation: Dan DaCosta presented an idea for improving Azalea Park
to make it more user friendly. He envisions plantings, picnic tables, lighting,
trash receptacles and signage and, depending on the cost, would be willing to
fund the project in honor of a relative. Suggestions were made as to what might
require a DES permit and he was advised that the park is under an Army Corps of
Engineers flood easement. Mark will look for any maps of the area that NEC might
have from student work. Mr. DaCosta was thanked for his interest and encouraged
to consult us again when he has developed a more exact plan and is working on
permitting and town approval.
2. 2009 Budget: Line items from the 2007 budget were reviewed and appropriate
2008 amounts were discussed. We anticipate overspending the training and lake
monitoring line items for 2007. For the 2008 budget the commission will request
$320, an increase of $120, based on each member attending one training workshop
at an average cost of $40 each. The cost of water sample analysis done by DES
has doubled to $20 per sample this year. We usually test about 40 samples and
will request an increase of $400 to cover next year’s samples. This year’s
budget of $400 will cover only 20 samples so Mark will donate his time and cost
for doing the analysis of the excess samples at the NEC lab. Holly will check on
the amount of dues we owe the NH Association of Conservation Commissions. We
agreed to reduce the office supply line item by $30 and all other line items are
to remain the same. Martha will present the budget to the selectmen on November
3rd.
3. Source Water Grant Application: Holly presented information from the Central
NH Regional Planning Commission on costs for having them work on the Water
Management Plan update. The commission discussed needing to work on the plan
update first in order to clearly identify what needs the grant might be able to
help us pay for next year. Because we will not be able to do all this in one
year we will not be able to meet our original goal of having new groundwater
regulations ready to propose next year.
Holly made a motion to reschedule the proposal of a groundwater zoning amendment
until the 2010 town meeting. Terry seconded. The motion passed - all in favor.
4. 2008 Zoning Amendments (taken out of order): Terry reminded us that we will
need to present final language for the watershed ordinance to the PB by the end
of November. Mark will bring that to the November 7th meeting for Conservation
Commission review and approval prior to bringing it to the PB. Terry also
brought the language suggested for adding a building setback to the zoning
regulations which the commission agreed sounds good. She also had several
suggestions for changes to the subdivision regulations. Two changes were
suggested. Denise will review the subdivision regulations before the November
7th meeting and recommend if any other changes are needed in regards to
stormwater and erosion control.
5. Open Space Subcommittee Report: Denise reported that at their meeting on
October 4th they agreed to recommend waiting to hear from the landowners before
taking any action on lot 349E. They have not been heard from to date as they are
out of town. November 15th is the deadline for due diligence so some response
will need to be made prior to then. The subcommittee also suggested signs and a
press release in regards to the completed purchase of the other three lots.
Edits were made to the draft press release.
Holly made a motion to approve the press release with changes but to delay
release until after the next meeting. Mark seconded. Motion passed – all in
favor.
Holly made a motion to extend the meeting 15 minutes. Denise seconded. Motion
passed – all in favor.
Tom mentioned that he gave the selectmen a written report on the issues with lot
349E but that they haven’t yet discussed the issue.
The commission discussed the land and water conservation grant application
mentioned in the subcommittee’s minutes. Holly explained that because it would
be an application on behalf of the town it would need to have CC approval. She
also clarified that what needs to be turned in by October 22nd is an intent
form, not the full application.
Holly made a motion to authorize Bob Stamps or herself to be the contact
person and to fill out an application intent form for the NH DRED Land and Water
Conservation Fund Program for funds to purchase lot 349E. Denise seconded.
Motion passed – all in favor.
Holly will meet with the subcommittee at their next meeting to clarify meeting
and minute-taking procedures and to recommend several amendments to past minutes
for the purpose of clarification.
6. Chase Brook Conservation Easement tabled
7. Mail:
Holly made a motion to extend the meeting 5 minutes to look at an intent to
cut. Martha seconded. Motion passed – all in favor.
- Intent to Cut for lot 632. Terry and Holly recused themselves.
After viewing the Intent to Cut form it was noted that there are extensive
wetlands on the lot.
Stephany made a motion for Denise to send a letter to the logger and the
landowner regarding concerns over wetlands, the need to follow Best Management
Practices and the need to file paperwork with DES regarding forestry activities
in a wet area. Roni seconded. Motion passed – all in favor.
- Discussion of lot 569 was tabled.
8. Bacon Road Subdivision: Holly handed out new additions to the file for review
before the next meeting.
9. Agenda items 9 – 11 tabled
10. Other Business – Denise reported that the Contoocook river has invasive
Eurasian Millfoil in areas upstream of Henniker.
Meeting adjourned at 9:40 p.m.
Minutes submitted by: Martha Sunderland
Minutes approved: 11-7-07
Henniker Conservation Commission
Minutes of Special Meeting
October 25, 2007 –2:30 p.m. – Town Hall
Members Present: Holly Green (Chair), Stephany Lavallee, Martha Sunderland,
Public Present: Bob French, Henniker Trail Travelers; Chris Kane and Jared
Nyland, Five Rivers Conservation Trust
The purpose of this meeting was to conduct a site visit of lot 583 situated on
Craney Hill Road and Flanders Road and known as the "Chase Brook" property, in
anticipation of the CC’s review of a draft conservation easement for the
property prepared by Five Rivers Conservation Trust.
The group began at the Western bound of the property along Flanders Road and
followed the property boundary all along the back edge to the point where it
intersects an existing OHRV/Snowmobile trail and then followed that back through
the property to Flanders Road. The group noted that the property bounds were
very clearly and permanently marked. Bob French shared some of the history and
maintenance information for the OHRV/Snowmobile trail. Several possibilities for
parking along Flanders Road for public access were noted.
Meeting adjourned at 4:30 p.m.
Minutes submitted by: Martha Sunderland
Minutes approved: 11-7-07
DRAFT
Minutes
Henniker Conservation Commission Meeting
Henniker Town Hall
November 7, 2007
7:00 p.m.
Members Present: Holly Green (Chair), Roni Hardy, Stephanay Lavallee, Mark
Mitch, Denise Rico, Bob Stamps, Martha Sunderland, Tom Watman
Public Present: Kristin Claire, Bill Joslyn
Meeting called to order at 7:00 p.m.
1. Minutes for CC meetings of 9/5/07, 9/19/07, 9/21/07, 10/3/07, and 10/17/07
were approved with minor revisions.
2. Report from the Open Space Committee on the Contoocook Riverfront property
currently being evaluated for purchase. K. Claire spoke about the quoted cost to
collect data requested by J. Liptak (NHDES) needed to evaluate the extent of
necessary remediation. The cost is estimated to $11,700 to $14,700. Further
detail will be requested from J. Liptak regarding what is absolutely necessary.
K. Claire reported on the discussion with the landowners about the addressing
the lead contamination of surficial soils. A variety of approaches are possible
including subdividing the property and selling the uncontaminated parcel to the
Town. It was noted that the NHDES will still likely pursue remediation. The
Conservation Commission will need to decide whether to withdraw the current bid
and renegotiate the selling price to cover the cost of remediation. Alternately,
the landowners could remediate the site and then sell it to the Town. This was
followed by discussion of who should cover the cost of further testing for the
degree of contamination. This testing is considered important for renegotiating
the bid on the parcel.
A motion was made “to authorize Kristin Clair to act as the agent for the
Conservation Commission and in consultation with Town Counsel to propose an
extension of the current contract due diligence period with the landowners or
withdraw the current offer.” The motion was seconded. The motion passed with
a vote of six in favor and 2 opposed.
Additional discussion included the content and timing of the press release for
the purchased of the other riverfront properties. It was suggested that a
sentence be added to the current draft regarding the contribution of the Manes
to the community.
The open space subcommittee has also asked for Commission for guidance in
acquiring the signs and property line markers that will be placed on the
recently acquired land. The subcommittee has requested three large wooden signs
and property line markers indicating town ownership. A motion was made,
seconded, and approved “to reallocate $225 that were originally designated to
cover Commission dues to cover the costs of the signs to be placed on the
recently acquired riverfront properties.” The motion passed without dissent.
The open space subcommittee is also drafting informational materials on
available options to mail to landowners for conservation easements in high
interest conservation areas.
3. Update on Talbot Rd. Subdivision Proposal. The project engineer has submitted
proposed text for deed easements in individual property deeds. Discussion
included the content of landowner covenants in a Declaration of Covenants and
Restrictions and the need to include maintenance of storm water flow control
areas, basins, and other structures.
4. A motion was made: “to support the use of wetland buffer signs proposed by
the planning board.” The motion passed unanimously.
5. After discussion of the Planning Board’s proposed changes to zoning
regulations, the Commission passed a motion “to endorse the text proposed by
the Planning Board for the next ballot vote on Henniker’s zoning regulations.”
6. Bacon Rd Subdivision -
Comments to Planning Board
The Commission reviewed the following draft documents that had been submitted by
the applicant to the Planning Board relative to the Bacon Road Subdivision:
Drainage Easement for Culverts (submitted to the Planning Board on 8/8/07);
Declaration of Covenants and Restrictions on Open Space (submitted on 9/12/07);
Drainage Easement (submitted on 9/12/07); Slope Easement (submitted on 9/12/07);
By-laws of the Home Owners Association (submitted on 9/19/07); and the State of
NH Record of Organization for the Home Owners Association (submitted on
9/19/07).
Commission members discussed comments to submit to the Planning Board, including
noting that the documents do not address the long term maintenance of drainage
features by the homeowners and do not include a provision for enforcement of
responsibilities. Martha will draft a letter covering these comments and submit
it to the Planning Board to review at its 11/14/07 meeting.
7. Chase Brook Site Walk Report and Conservation Easement
Martha reported on the site walk on the Chase Brook property with
representatives from the Fiver Rivers Conservation Trust and the Henniker Trail
Travelers. The draft conservation easement will be on the Commission's next
meeting agenda on 11/21/07. Martha will prepare discussion points and will
invite the Henniker Trail Travelers and the Henniker Parks and Recreation
Committee to the meeting.
8. By-laws and Meeting Procedures
Discussion was postponed until December.
9. Position Appointments
Discussion was postponed until December.
10. Other Business: Denise noted that she gave Peter Flynn the "Protected River"
signs to erect several weeks ago.
Meeting adjourned at 9:15 pm.
Minutes of Meeting of the
Henniker Conservation Commission
Held at the Grange Hall
November 21, 2007 7:00 PM
Members Present: Holly Green, Chair; Roni Hardy, Stephany Lavallee, Mark Mitch,
Denise Rico, Martha Sunderland, Tom Watman (Selectmen ex officio)
Also present: Ron Taylor
The meeting was called to order at 7:10 PM.
Items of Discussion:
1. Minutes. The Commission reviewed the minutes of the November 7, 2007 meeting.
Tom pointed out his view that we need to list the specific members who make and
second motions in the minutes and who voted how on votes, in order to be
accountable. Holly said that she has been planning to discuss minute-taking
procedures and meeting procedures generally, but that our agenda has been so
full lately, there hasn’t been time yet, but she is planning to do that soon.
She explained that her understanding is that if we follow the strictest
interpretation of how meetings should be run, every person would need to address
all comments to the chairperson. She pointed out that for small meetings, more
informal procedures are appropriate and that the reason for having a person
second the motion is so that they do not monopolize the discussion with an issue
that no one else is concerned with. She explained that Roberts Rules of Order
states that a second is not required in meetings where the person making the
motion is allowed to be interrupted, such as in small meetings. Tom stated that
major decisions should follow formal procedures and the minutes should note who
makes the motion and who seconds it. As for the November 7 minutes, no one
remembers who made all the motions, particularly since informal procedures were
followed and members were allowed to interrupt the person making the motion and
offer amendments to the original motion while the original motion was still
on-going. Consequently, the minutes were left as is regarding who made the
motion and who seconded it, but who voted how was noted concerning the extension
of the due diligence period on the contract for the river property because
everyone remembered that Tom and Stephany were opposed and all others were in
favor of that motion.
Martha moved that the minutes be approved with the changes discussed.
Stephany seconded the motion and all were in favor.
Holly requested that the agenda item on the status of river property Lot 349E be
reviewed next before the mail.
2. Status on River Property. Holly reported that she received an update from
Kristin Claire. (The original Purchase and Sale Agreement expired on November
19. On November 13, Holly signed an extension of the due diligence period to
December 1.) According to Kristin, a meeting with John Liptak was scheduled to
take place the next day. However, David Maine was unable to make the meeting, so
it did not take place. Holly said she left a message for Kristin to make sure
she was in touch with the Maines regarding the extension. Since Holly hasn’t
heard anything and the deadline is looming, she feels it would be better to
withdraw our offer to purchase the property. She said that we can always execute
a new contract in the future if we decide to. She also said that she made it
clear in the extension language that we did not find the results of the
environmental site assessment acceptable. Discussion ensued about withdrawing
the current offer and the risks involved. Holly felt that the issues were not
being addressed in a timely enough fashion to stay with the existing contract.
Martha also raised concerns about contacting and updating interested donors.
Holly moved that the Town withdraw from the current Purchase and Sale
Agreement with the Maine Irrevocable Trust, which was extended to December 1, to
purchase Lot 349E, based on the finding of lead contamination during the
environmental site assessment during the due diligence period. Tom seconded the
motion. All were in favor.
Holly will contact Peter Flynn on Monday (due to the holiday) to advise him to
contact Town Counsel in order to draft whatever is necessary to withdraw the
offer
In response to a request by Tom Watman, Peter Flynn sent a letter to the town
attorney asking for an opinion as to whether the Commission should reconsider
its decision to extend the Maine Purchase and Sale Agreement. Holly drafted a
proposed response to the Board of Selectmen and Peter Flynn to address certain
items in the letter that she felt were inaccurate and misrepresented the actions
of the Conservation Commission. Holly (and others) felt that the tone and some
of the comments made suggested that the Commission acted imprudently and it was
her opinion that the opinion of Town Counsel backed up all of the actions taken.
Tom felt that the opinion of Town Counsel supported his position that the
Commission should not continue negotiations, but others felt that it was clearly
supportive of the actions taken by the Commission. Tom said that he stands by
his assertion that the Commission was not acting prudently in pursuing the
property. There was discussion about whether or not a letter was necessary, but
Holly felt that a written response to a written letter was appropriate.
Martha moved that the Commission instruct Holly to forward her letter, as
amended, to the Selectmen and Peter Flynn. Stephany and Tom opposed the Motion.
Mark, Holly, Martha, Denise and Roni were in favor. Motion carried.
Roni left at 8:45 pm. Holly took over as minute taker.
The Commission discussed the proper procedure for requesting opinions from Town
Counsel. Tom clarified for the Commission that the process for seeking legal
opinions is for Chairs to go to the Town Administrator directly and ask him to
contact Town Counsel.
Discussion resumed on contacting persons who had expressed interest in donating
towards the purchase of the river property.
Mark moved that "the Commission instruct the Open Space Subcommittee to halt
fundraising for the purchase of parcel 349E and to notify interested donors”.
Martha seconded the motion. All were in favor.
3. Mail - Intents to Cut. The Commission reviewed Notices of Intents to Cut:
Lot 87 - Martha visited the site. There were no wetland issues.
Lots 74 F & D - Wetlands were noted. Denise and Stephany will visit the site.
Lot 121 - Martha visited the site and noted that there was a corduroy crossing
of wetlands. Holly will ask the DES - Wetlands Bureau if a Forestry Notification
was filed.
Lot 569 - Denise and tephany will visit the site to see if there are wetlands.
Lot 632 - Holly and Stephany recused themselves. Mark and Martha will visit the
site.
Lot 139 C - Holly and Stephany will visit the site.
4. 2008 Zoning Amendments - Watershed Ordinance.
Mark moved that "the Commission withdraw the request to put the Watershed
Overlay District on the 2008 Town Warrant to allow more time for community
outreach". Martha seconded the motion. All were in favor.
5. Other Business. Denise pointed out that she had forgotten to mention the cost
of maintaining the Commission's web page is $100 annually. The cost of
purchasing signs for the recently purchased conservation land was also
discussed.
Denise moved that "the 2009 budget request be revised to add $600 to the
"Public Awareness" line item - $100 for the web site and $500 for signs". Martha
seconded the motion. All were in favor.
Holly will ask Peter to add this to the Commission's 2009 budget request.
Meeting adjourned at 9:40 pm
Minutes submitted by Roni Hardy and Holly Green
Approved: December 5, 2007
DRAFT
Minutes of Meeting of the
Henniker Conservation Commission
Held at the Grange Hall
December 5, 2007 7:00 PM
Members Present: Holly Green, Chair; Stephany Lavallee, Mark Mitch, Denise Rico,
Terry Stamps, Martha Sunderland, Tom Watman (Selectmen ex officio)
Also present: David Reid, Michael Peck, and Robert French Jr. of the Henniker
Trail Travelers
The meeting was called to order at 7:10 PM.
Items of Discussion:
1. Chase Brook Conservation Easement Deed. The Conservation Commission (CC)
reviewed the Conservation Easement Deed prepared by Five Rivers Conservation
Trust (FRCT) and Martha’s recommendations for changes. The members of Henniker
Trail Travelers (HTT), a local snowmobile club, were present to review issues
related to the trail they maintain on the property. Maintaining the recreational
use of the property is a priority for both the HTT and the CC.
All references to allowing commercial agricultural activities were removed.
Alterations to the language were made in several places and the following issues
will be addressed:
Define “low-impact” recreational use.
Create a strong statement of intent to assure the property is protected and open
for the types of recreational opportunities deemed appropriate.
Define what types of off-road vehicles will be allowed by researching state laws
that define ATV, OHRV, and snowmobiles.
Insert an alternate definition of “forestry” that focuses less on
commercial/industrial forestry and more on healthy forest management.
Define and delineate the areas where forestry activities will be limited due to
the presence of important natural features (steep slopes, stream gorge, valley
bottom, plant communities, etc.).
Request a copy of FRCT’s “Baseline Report”.
Research posting restrictions as they apply to hunting.
Determine which areas will be posted for no hunting.
Write the section for reserved rights to include maintaining, relocating, and
constructing trails; erecting gates at the trailheads; constructing parking
areas; constructing and/or repairing bridges; limiting uses (i.e. hunting, fixed
axle vehicles) etc.
Research alternate language to address penalties for breach of easement.
Martha will present a revised document for review at the Dec. 19, 2007 meeting.
2. Status of riverfront purchase: Holly briefly reviewed the letter from Town
Counsel that notified the landowners the Town was withdrawing its offer to
purchase Lot 349E due to the findings of the Phase 2 environmental assessment.
She said the $10,000 deposit had been returned. The landowners were requesting a
copy of the environmental assessment – Holly will follow-up. No one has met with
John Liptak of NH Dept. of Environmental Services (NHDES) to discuss remediation
subsequent to his attendance at the CC meeting of Oct. 3, 2007. Tom reported at
the Selectmen’s meeting of Dec. 4, 2007, Selectmen Ron Taylor reported Lot 349E
had been used for septage disposal 20-30 years ago. He suggested further testing
may be needed to determine if there is additional contamination from this
activity. Tom suggested the NHDES needs to be officially notified of the
findings of the recent Phase 2 environmental assessment.
Stephany made the following motion: “The Conservation Commission will send a
letter to John Liptak at the NH Dept. Of Environmental Services notifying him
that the Town of Henniker was not satisfied with the environmental test results
obtained from Lot 349E and therefore terminated the Purchase and Sale Agreement
and that the Commission will continue to discuss its interest in the property
with the landowners”. Denise seconded. Passed unanimously.
Holly will write and send the letter.
Holly made a motion to “extend the meeting 10 minutes”. Denise seconded.
Passed unanimously.
3. Minutes: The Nov. 21, 2007 minutes were reviewed.
Stephany made a motion to “approve the minutes as amended”. Tom seconded.
Passed unanimously.
4. Proposed Wetlands Zoning Ordinance Revision: Terry presented the proposed
addition to the wetlands ordinance that will create a 50 foot wetlands buffer.
Some changes were suggested which she will incorporate. The proposal will be
presented at a public hearing. She indicated the requirement for wetlands marker
signs we discussed at the last meeting will be incorporated into the subdivision
regulations after the Planning Board works out the details.
5. Logging Site Visits: Martha reported she was denied access to Lot 632 and
that NHDES did not have a forestry notification on file even though there is a
stream that bisects the property. Holly has checked with the Local Government
Center to determine site visit procedure in such cases and is awaiting their
reply. The issue will be added to the Dec 19 agenda. Denise reported she spoke
with the landowner of Lot 74-F. He said the operation is complete and they did
not cross any wetlands. With the snow cover there is nothing that can be seen,
so the site visit will not be conducted. Denise has arranged a site visit for
Lot 569 for Friday, Dec 7, 2007 at 12:00 PM. She will meet with the project’s
forester.
Holly moved to adjourn. Tom seconded. Passed unanimously.
Meeting adjourned at 9:30 pm
Minutes submitted by Denise Rico
Approved:
DRAFT
Henniker Conservation Commission
Grange Hall
December 19, 2007 at 7:00 PM
Members Present: Holly Green, Chair, Denise Rico, Mark Mitch, Martha Sunderland,
Stephany Lavallee, Tom Watman (Selectman ex officio,) Bob Stamps, Terry Stamps
Also Present: Michael Peck of the Henniker Trail Travelers
The meeting was called to order by Holly Green at 7:04 PM.
1. The meeting minutes of 12/5/07 were reviewed and edited.
Motion made by Mark Mitch “to approve the minutes as amended.” Seconded
by Tom Watman and approved unanimously.
2. Mail was reviewed and discussed. A) The Maine Trust is requesting a copy of
the
Test results on Lot 349E. Holly has requested that Kristin Claire submit a copy
to
Bart Mayer per this request. B) NH DOT Survey was received for the road project
East of Route 114 – 202/9 at Rush Road to I-89. This was sent to various Town
committees and boards. Holly captured the CC responses, will complete the survey
and submit it to the DOT.
3. Chase Brook Conservation Easement was reviewed. Definitions were reviewed for
ATV (all terrain vehicle) and OHRV (off highway recreational vehicle.) Edits
included clarification that there are no agricultural uses and a recommendation
for
a weight limit on vehicles to better define low impact use. Martha will
incorporate
all edits into the easement document. 5 Rivers will be invited to attend the
Conser-
vation Commission meeting on 1/16/08 to review and discuss the edited document.
In this discussion, the Conservation Commission’s reservations or lack of under-
standing of several of the legal sections will also be addressed. After this
meeting
and review, the entire document will be submitted to Town Counsel for review.
4. An update on the signs for the river properties was given. $225 was intended
for
the signs out of this year’s budget. Denise will ensure a purchase order for the
signs is completed before the end of the calendar year. Denise will also bring
sample signs and possible wording to the Conservation Commission meeting on
1/2/08.
5. The status on the larger river property was given. Bob Stamps reported that
no
additional activity has occurred at this point.
6. The Legal Government Center’s response of 12/6/07 was reviewed. The question
posed was about the Commission’s abilities and rights to visit property to view
forestry operations and wetlands impact. The LGC indicates that the Conservation
Commission should not visit private property without consent. And, if consent
is not given, the LGC first recommends involving DES. The response also
indicated
that an “administrative inspection warrant” can be pursued.
7. Recent site walk was summarized. Denise met with the owners and forester on
Lot 569 located on Western Avenue. She reported that erosion controls are in
place,
seeding was completed and there was a good level of sensitivity given the
proximity
of the property to the Contoocook River. A recommendation from this discussion
was
to request the Town Forester evaluate any Town owned property prior to being
sold
for an assessment of timber value.
8. An update on the Water Resources Subcommittee was provided. Holly indicated
that one person has responded to the ad. It was agreed that the ad should be
placed
once more in The Outlook. Holly will notify Cogswell Springs that this sub-
committee is being formed and ask for a member.
9. Other Business: A) Bob asked if we planned to follow up with Peter Flynn
regarding
a minute taker for the Commission. Holly will contact Peter to determine the
monies
needed to cover this resource. B) Holly reminded all members to submit any out-
standing expenses prior to the end of the calendar year. C) Terry provided an
update
on the proposed wetlands buffer ordinance and the proposal redefining where
excavations are permitted or allowed by special exception. Commission members
were requested to bring relevant materials to the meeting on 1/2/08 and to
attend the
Planning Board’s public hearing on excavations on 1/9/08.
Motion was made by Mark to adjourn the meeting at 8:58 PM. Seconded by Bob
and approved unanimously.
Minutes submitted by Terry Stamps
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