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.

  1. 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.
  1. 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.

  1. 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.
  1. 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.
  1. The minute taking procedure and policy proposed by M. Sunderland was approved.
  1. Item #5 on the agenda, Filling Needs was tabled until the next meeting.
  1. 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