Town of Henniker

Members Present: Holly Green, Chair, Denise Rico, Bob Stamps, Terry Stamps Tom Watman (Selectman ex officio,) Stephany Lavallee, Mark Mitch arrived at 7:30 PM

DRAFT
Minutes of Meeting of the
Henniker Conservation Commission
Held at the Grange Hall
January 16, 2008 7:00 PM

Members Present: Holly Green, Chair; Stephany Lavallee, Mark Mitch, Denise Rico, Terry Stamps, Martha Sunderland

The meeting was called to order at 7:10 PM.

Items of Discussion:

1. Minutes: The Jan. 02, 2008 minutes were reviewed.
Terry made a motion to “approve the minutes as amended”. Mark seconded. Approved unanimously.
2. Mail:
- Copy of letter from NH Dept of Environmental Services (NHDES), Wetlands Bureau to owner of lot 632 regarding recent logging operation.
- NHDES Environmental News with article about shooting range best management practices in Exeter, NH.
3. Chase Brook Conservation Easement: Martha reviewed her email exchange with Jared Nyland and Chris Kane of Five Rivers Conservation Trust where they discussed the revisions the Commission had proposed. Five Rivers will be drafting language for the reserved rights for the recreational trails. Martha indicated to them she would like to have it available by Feb. 6 for discussion and submission to town counsel.
4. Town Report: Holly’s preliminary report was reviewed and revised. Mark will write and email a few sentences regarding water quality and Denise will send a photo. Holly will email the revised version for a final edit before submitting it.
5. Other Business:
- Signs for river front conservation land
Denise made a motion, “to approve $755 funding for 3 signs and installation with $225 from encumbered 2007 funds and the remainder from 2008 budget contingent upon approval”. Mark seconded. Approved unanimously.
- Martha reported the Commission’s 2008 budget request was approved by the Budget Committee.
- Terry reported on the Planning Board’s public hearing for a proposal to change the zoning regulations for excavation. The PB voted not to propose the change in March. In the future, it would be helpful to sponsor public forums to provide information before the public hearings. It was suggested the Commission should create an email contact list to keep people informed of current projects.
- Mark announced an upcoming presentation entitled, “Focus the Nation” on Jan. 31, 2008 6-9 PM at the Simon Center, New England College. It is part of a nationwide effort to raise awareness of global climate change and legislative action.

Holly made a motion to adjourn. Mark seconded. Approved unanimously.
Meeting adjourned at 8:30 pm
Minutes submitted by Denise Rico
Approved:

DRAFT
Minutes
Henniker Conservation Commission Meeting
Henniker Town Hall
February 6, 2008
7:00 p.m.

Members Present: Holly Green (Chair), Mark Mitch, Denise Rico, Martha Sunderland, and Tom Watman

Public Present: David Reef, Henniker Trail Travelers

Meeting called to order at 7:00 p.m.

1. Minutes for CC meetings of 1/16/08 were approved with minor revisions. Mr. Watman abstained.

2. The Conservation Commission received a copy of an emergency authorization from NH DES for PSNH to replace a broke pole (265 French Rd. pole #72/10-6. This provided limited dredge and fill activity for 25 sq. ft.

3. Mail. Reviewed a request for comments on a standard dredge and fill application for NH DOT for work on 202/9. A hearing has been scheduled for 2/27 at Hopkinton Town Hall. The deadline date for comments was unclear. It was noted that the request was stamped as received on Jan. 10, 2008. Motion was made to recommend that standard construction techniques for erosion control to protect nearby wetlands that could be impacted by runoff. Motion carried by unanimous vote. Denise agreed to draft and submit comments.

4. The proposed Chase Brook Conservation Easement document as drafted by Jerod Nyland of Five Rivers Conservation Trust on February 4, 2008 was presented by Martha Sunderland. This revision included the prohibition of agriculture but allowed for forest management practices. Discussion centered on the restrictions limiting the type of vehicles allowed to use the trail on the property while reserving the right for access by trail maintenance vehicles and a trail groomer. Martha agreed to work on language that will distinguish between vehicle types based current language used by NH Fish and Game. It was noted that this is commonly based on maximum allowable weight and maximum wheel base. Specific issues were raised over access by motorcycles and ATV’s while allowing for wheel chair access.

5. The zoning amendments proposed the Planning Board for the March 2008 election were reviewed.

6. Update from the Open Space Subcommittee.
• Kristen Claire has resigned from the subcommittee.
• A new GIS resource lot based map was created for co-occurrence of characteristics to identify high interest areas for potential conservation easements.
• It was recommended to arrange a meeting with the Russel Foundation to discuss a conservation easement for the recently obtained river front properties.
• Additional questions are being identified for possible donors.

7. The proposed layout of sign text for the river front property submitted by Morgan Signs was reviewed. A motion was made by Martha to fund the proposal with the signs to be mounted on wooden posts at $145 per sign for a total of $755. The motion was approved unanimously.

8. Other Business. A inquiry has been made to see if the Conservation Commission is interested in having a work study student from New England College work on Commission projects.

9. A motion was made to cancel the Feb. 20 Commission meeting if there was no outstanding business requiring a vote or response in order to allow participation in the hearing at the Hopkinton Town Hall regarding the NH DOT proposed work on 202/9 . If a meeting is necessary to convene a meeting Martha has agreed to Chair the meeting.

10. Motion to adjourn at 8:45 carried unanimously.

DRAFT
Minutes
Henniker Conservation Commission Meeting
Henniker Grange
March 5, 2008
7:00 p.m.

Members Present: Holly Green (Chair), Mark Mitch, Denise Rico, Martha Sunderland, Terry Stamps, Bob Stamps

Meeting called to order at 7:10 PM

1. Correspondence:

A letter was received from Town Counsel relating to correspondence from the Nelson Maine Trust asking the Conservation Commission if we would like to continue negotiations for the purchase of property along the Contoocook River. After discussion, Martha Sunderland made a motion to send a response stating that the Conservation Commission still supports conservation of the property and is interested in further discussions, but that since we are concerned about town safety and liability, first we would need more information from NH DES about the additional testing and cleanup required. Terry Stamps seconded the motion and the motion passed unanimously.

Intents to cut timber were received for lots 551-A and 66. Both lots have wetlands and streams on them and we will find out if intents to cut in wetlands forms have been filed with the state and will send our standard letters concerning timber cutting in wetland areas to the loggers and landowners. We will also schedule site visits.

2. NEC Intern-
Mark Mitch will explore the potential student intern’s interest in projects in Henniker.

3. Open Space Subcommittee-
Denise Rico reviewed the subcommittee’s discussions about contacting landowners about conserving land in Henniker. She also discussed several questions the subcommittee would like to discuss with Town Counsel regarding whether deed restrictions can protect small parcels of land adequately (as compared to conservation easements), and whether donated land has to be title searched and or surveyed by the donor prior to acceptance by the town.

4. Potential land donation-
Denise discussed the potential donation to the town (for the purpose of conservation) of a small parcel of land on the Contoocook River. Bob Stamps made a motion to authorize Denise and the Open Space Subcommittee to pursue discussions with the landowner. Martha Sunderland seconded the motion and it passed unanimously.

5. Chase Brook Conservation Easement: Martha Sunderland discussed a letter from Town Counsel expressing his recommended changes to the wording of the easement. The main concern is making sure the town is not liable for actions of third parties on the property. Martha will discuss the recommendations with Five Rivers (the easement holders).

6. Other Business: Holly discussed the announcement of a grant program for converting schools to wood burning heating systems.

The meeting adjourned at 9:02.

Draft minutes submitted by Bob Stamps

Member Present: Holly Green (Chair), Martha Sunderland, Terry Stamps, Bob Stamps, Denise Rico, Stephany Lavallee, Tom Watman (Selectman Ex-Officio)

The members of the Water Resource Subcommittee (WRS) were introduced and include Megan Mulcahy, Peter Conklin, Chris Fox, Ron Taylor (representing Cogswell Springs), Holly Green, and Spencer Bennet (not present). Holly outlined the background and purpose for creating the WRS. There is a Henniker Water Resource Management Plan that pre-dates members of the current Conservation Commission but may be useful for review by the WRS. Additionally, there is no State requirement to develop a water resource plan however the State does suggest that municipalities do develop one. The members of the Conservation Commission spent time developing a mission statement, time line and charge to the members of the WRS. The intent is for the WRS to complete the work by 2009 and hopefully develop a warrant article for the 2009 Town Meeting. Tom made the motion to appoint the above members to the WRS and the following mission statement; to research current legal and physical inventory of Henniker’s water supply; to identify current governances, policies and regulations; to identify potential threats and to report recommendations to the Commission. Bob seconded the motion. The motion passed unanimously. The members of the WRS decided to meet the second Monday of the month at 7:00 PM. Holly will e-mail members of the location.

The minutes of the April 2, 2008 minutes were reviewed. Martha made the motion to approve the minutes as written. Bob second the motion. Vote passed unanimously.

Holly received two pieces of correspondence announcing upcoming workshops. One workshop entitled Innovative Land Use scheduled for May 22, 2008 @ 7:00PM at the Henniker Community Center. The second workshop is entitled Free Online Mapping Tool scheduled for May 8, 2008 from 6-8:00PM at NH Technical Institute in Concord.

Martha provided a handout with the most current changes to the Chase Brook Easement document that were discussed at the April 2, 2008 meeting. Members of the CC concur with the changes. Martha will provide Jared Nyland, and Peter Flynn with the most current responses then forward a complete packet to Bart Mayer, Henniker Town Counsel in preparation for negotiations with Counsel from Five Rivers.

The members completed a draft response letter to the Maine-Nelson Trust regarding the continued interest to purchase the “Riverside Properties” once all of the stated issues are addressed and mitigated. The draft will be forwarded to Town Counsel for review before sending it to Maine-Nelson Trust Counsel. Denise requested that the CC authorize the purchase of twenty Conservation Easement Booklets at $4.00 per booklet to provide to landowners who have expressed an interest in land conservation. Denise stated that the subcommittee has been working diligently with Henniker residents. Tom made a motion to authorize the expenditure of funds as requested. Motion seconded by Stephany. Vote passed unanimously.

Martha informed the members that the Piscataqua Watershed Association PWA has changed its name to the Piscataqua Land Conservation PLC.

Stephany made a motion to adjourn. Tom seconded the motion and it passed unanimously. The meeting adjourned at 9:00PM.

Members Present: Stephany Lavallee, Mark Mitch, Terry Stamps, Bob Stamps, Martha Sunderland, Tom Watman,

1. Reviewed minutes of 4/16/08 minutes: The only major change is that Mark should have been included in the membership of the new water resources subcommittee and will be added.

Terry made a motion to approve the minutes as amended. Stephany seconded. Passed all in favor.

2. Discussed a request for comments from the ZBA on Use Varince Case 2008-104 and Area Variance Case 2008-105. Following a discussion about regional impacts, the definition of commercial manufacturing and the lack of detail about the building and its operation Bob made, and the commission’s discussion refined, the following motion:

Bob made a motion to respond to the ZBA’s request with the following statement:

1) We feel that the use variance (case 2008-104) does need to be heard by the ZBA because we believe that power generation does not fall under the category “commercial/ manufacturing” as defined in the Henniker Zoning Regulations.

2) We believe that this is a project of regional impact as defined by RSA 36:54 – 36:57 which states that projects of regional impact are those that possibly have a an impact on neighboring communities, an impact on road networks beyond the town, a proximity to a community border, anticipated air or noise emissions or a proximity to surface waters. We feel that this project meets all of these criteria.

3) We feel that the existing application for an Area Variance (case 2008-105) has insufficient information about the nature of the proposed 80 foot tall structure on which to base a decision about its impacts on the community. Furthermore, it is our belief that 80 feet is more than 3 stories, the height provided for in the Henniker Zoning Regulations.

4) We feel that more detailed information on the design and anticipated nature of the project’s impacts is needed, and that an opportunity for public feedback on additional information that is submitted should be provided prior to any decision on either of these variances.

Holly Made a motion to send a letter to Bart Mayer explaining the need for a follow-up letter to clarify our intent to wait for a response from the Maine Trust. Martha Seconded and the motion passed by unanimous vote.

Members Present: Denise Rico, Holly Green, Mark Mitch, Martha Sunderland, Tom Watman.

1. Reviewed minutes of 5/7/08 minutes: one minor change suggested to clarify who chaired the meeting.

Holly made a motion to approve the minutes as amended. Tom seconded. Passed all in favor.

A) Request for comments on Planning Board case #2008-001, Excavation Application for lot 552- A on Old Concord Road. After discussing the information at hand the commission concluded that, as we were not given a copy of the application, we are unable to respond fully and would like to have a copy to review at our next meeting, which is one week prior to the posted hearing date. It was noted that copies of actual applications are necessary in order for us to review and comment on them for the Planning Board or Zoning Board.

B) Request for Comments on case #2008-004, lot 269-A at the corner of Old Concord Road and 202/9. There was no copy of the written application but a set of plans was provided. The planning consultant’s letter also indicated that additional materials had been requested of the applicant. The commission would like to review these additional plans at our next meeting, The stormwater drainage report, in particular, would be helpful. The following comments were made based on the review of the plans:

a. The retaining walls on either side of the creek (delineated wetland on the plan) are situated directly on the wetland edge but no cross section of the wall design or construction sequence plans are included. Because of the proximity of these walls, and their potential impact on water quality of the stream, which flows directly into the Contoocook River, concerns were voiced and it was felt that more information is needed.

b. The dumpster pad detail shows no containment capacity, which should be in place due to its proximity to the wetland. This is compounded by a curb cut adjacent to the dumpster pad which the plans indicate will drain the drive-through paved area and the dumpster pad directly into the wetland with no mitigation.

c. We were unsure if the septic setback of 10 feet from the property line meets town regulations.

d. There are no details or cross sections of the two proposed “treatment areas.” This may be included in the stormwater drainage report, which we hope to review at our next meeting, but should also be included in the plans.

e. The plans indicate that runoff from the paved areas around the building is directed off the property, through 2 foot curb cuts, beside the main entrance and towards 202/9 between the two closely spaced existing trees.

f. The plans indicate that several trees will be removed that are not located on the property itself.

Mark made a motion to respond to the two requests for comments for lots 552A and 619A as discussed. Denise seconded. Motion passed all in favor.

Dana Myskowski introduced herself and indicated her interest in serving on the water resources subcommittee.

Holly made a motion to appoint Dana Myskowski to the water resources subcommittee. Tom seconded. Motion passed all in favor.

The commission discussed the problem of dumping at the conservation land along the river. Denise reported on where the new signs will be located. A river clean-up was scheduled for Sunday, June 8^th at 9am. Participants will meet at the paper mill site and should bring gloves.

Members Present: Holly Green (Chair), Mark Mitch, Denise Rico, Martha Sunderland, Terry Stamps, Bob Stamps,Tom Watman, Stephany Lavallee

1. Work on Western Avenue Culvert- this item was tabled until a later meeting.

2. Vote on appointment of new member (Rick Patenaude) to the Water Resources Subcommittee-

Rick discussed his qualifications to be on the subcommittee. Tom nominated Rick to the subcommittee, Stephany seconded the nomination, and the nomination was approved unanimously.

3. Review and approve minutes for the 5/21/08 meeting- this item was tabled until a later meeting.

Request for comments from Planning Board on Excavation Application Case 2008-0001 Map 1 lot 552-A (Old Concord Rd)-We discussed the application and felt that the applicants do need to have a test pit or boring to determine the depth of the water table. We felt they also need a plan for surface water runoff and a reclamation plan with a topo map. We also think this project needs a licensed engineer to look at possible grading and wind erosion issues. These comments will be passed on to the planning Board.

Request for comments from Planning Board on Dunkin Donuts site plan review case 2008-004 Map1 Lot 619-A (Old Concord Rd and Rt 202/9)- We discussed the report from the town engineer. We agreed that we share the concerns noted in the town engineer’s report. We further think that the plan to use less than 750 gallons a day of water and to have 600 gallons of septic flow per day is unrealistically low; we also recommend permeable pavement for the parking lots. We also question how disturbance to the wetlands will be avoided due to the proximity of the proposed retaining walls to the wetlands. We also noted a building on the preconstruction plan and don’t understand how it will be removed without disturbance to the wetlands. Finally, we recommend additional tall and thick landscaping next to the western abutting property (more than is shown on the plan). We noted that the plan does not show the trees on the property that will be removed, and that the plan needs additional landscape screening around the entire property. These comments will be passed on to the Planning Board.

Terry mentioned that there will be a Planning Board meeting in July to discuss possible proposed zoning amendments for the 2009 town ballot. We need to get any of our ideas to them by then.

Martha mentioned that a landowner approached her about his concerns about work being done in a wetland area. He is requesting a site visit.

Attendees: Holly Green (Chair), Denise Rico, Bob Stamps, Terry Stamps, Martha Sunderland, Tom Watman (Selectman Ex Officio)

Western Avenue Culvert: John Margeson, Road Agent, was present for this discussion. A determination needs to be made if a species of aquatic weeds from the National Heritage Inventory is present where this work will be performed. John received guidance on how to complete this task. He was also informed that there are no designated primary wetlands in Henniker and that the Contoocook River Authority also needs to review the wetlands permit application and supply a letter. John will bring the standard wetlands permit application back to the Conservation Commission (CC) for our letter at the same time he submits it to DES. The work will not begin until mid-August (low flow).

Minutes: Copies of the 5/21/08 minutes were not available so the review was tabled until next meeting. Minutes of 6/4/08 were reviewed. MOTION made by Terry Stamps to approve the minutes of 6/4/08 as amended. Seconded by Tom Watman and approved unanimously.

Report from 5/21/08 ZBA Meeting: Stephany Lavallee requested this item be put on the CC agenda but was not able to attend tonight’s meeting. Bob Stamps did not attend the 5/21/08 ZBA meeting and left the CC meeting during this discussion. Laura Scott’s letter of 5/22/08 to Laidlaw Energy Group was reviewed. It summarized the actions/decisions made by the ZBA. Holly will find out when this item is on the ZBA agenda so the CC can determine if they will attend. It was also discussed and agreed that our role will be to complete some preliminary investigation and have information available for ourselves and the public as this item proceeds through the review process.

Planning Board (PB) Update: Terry gave an update from the last PB meeting. The CC was informed that the Dunkin’ Donuts application was reviewed and that the applicants are making modifications based on inputs from the Town Engineer, CC and others. A modified plan will be reviewed by the PB and the CC will be asked for inputs. The CC was also informed that the excavation application was not reviewed and was rescheduled for the next PB meeting.

2009 Zoning Amendments: The Water Resources Subcommittee will make a decision by July 2^nd if they will be recommending any items for the Town ballot in 2009. They are currently looking at groundwater withdrawal as possibly needing regulations. No other warrants will be proposed by the CC. Any proposed zoning amendments are due to the PB by July 16^th for their meeting on July 23^rd.

Outreach: Via an e-mail, Mark suggested possible outreach topics include pond bacteria, groundwater and soils mapping. Denise suggested the “Landscaping at the Water’s Edge” slide presentation. There was discussion about how to generate and select topics that will have community appeal. At the next meeting, the CC will discuss two possible events: 1) Presentation with Q&As on the French pond bacteria situation, and 2) a family focused activity (nature walk, fishing from recently conserved river property, etc.)

-Barbara Beers, John Stark science teacher is looking for student projects and will be invited to the 7/2 CC meeting.

-Holly reported that 5 Rivers has not yet received a reply from Town Counsel regarding the verbage of Section 9 in the conservation easement. She is following up.

-Holly received a call from Fish and Wildlife regarding wetlands impacted near pond off Ray Road. Denise will drive by and assess if any inappropriate activity is occurring.

-Martha informed the CC that the Papermill Restoration Committee is being reactivated. $250K is needed to clean up the site but that financial request is not being made at this time. Other non-monetary activities are being evaluated. Tom suggested informing this committee that the CC could be the owner/leader/partner in this effort.

MOTION made by Bob Stamps to adjourn the meeting. Martha Sunderland seconded and the motion was approved unanimously. The meeting adjourned at 8:50 PM.

Henniker Conservation Commission Meeting
July 2, 2008 - 7:00 p.m.
Henniker Grange Hall
Approved Minutes

Members Present: Chair Holly Green, Stephany Lavallee, Mark Mitch, Denise Rico,
Robert Stamps, Terry Stamps, Martha Sunderland

Others Present: Sheila Mitchell, Recording Secretary

Bob Stamps called meeting to order at 7:02 p.m.

1. Student project Ideas - Barb Beers, John Stark High School Science Teacher
There was an informal discussion between Barbara Beers and the Commission for approximately 30 minutes. Ms. Beers covered her teaching background and outlined her goals for involving students in environmental studies, in coordination with conservation commissions and entities such as the Audubon Society. She stressed that projects would be focused in ways that would fit in with the missions of those organizations, which would support them rather than detract from them.
She explained she would be on sabbatical from teaching during the next school year, and stated her intention to use the rest of this calendar year to continue to meet personally with environmental groups and determine what projects might fit in best, then work with school administrators during the spring semester of 2009 to prepare a curriculum for the following school year (2009-2010). She hopes, as an outcome of this endeavor, that John Stark will institute an environmental studies program as a part of its regular curricula.
She suggested that sophomore level science students could support environmental projects in less technical ways (such as having work days or events in conjunction with Earth Day, and producing educational brochures or videos), while junior and senior students would be capable of doing more technical work, such as water sampling.
She answered questions from Commission members regarding activity times (weekdays), project timelines (2009-2010 school year) and number of participants (classes as large as 20).
She explained that students at John Stark have already identified and are monitoring vernal pools on school property and the Contoocook River. She and the Commission members discussed possible study areas: Chase Road, Flanders Road, Penny Hill Road, and Craney Pond. Mark Mitch suggested monitoring road salt effects at the following areas: Keyser Pond and Chase Brook. Other study sites considered were Pleasant Pond, Long Pond and Upper Pond. It was agreed that limited access to French Pond would make it impractical as a study area. Martha Sunderland suggested that targeting areas the students could return to on a regular basis might be most educational and encouraging. No final decisions on projects were made.
Denise Rico and Martha suggested possible cooperation with the Contoocook River and North Branch Local Advisory Committee, of which Denise is a member.
Bob Stamps suggested some possible clean-up activities, and Ms. Beers said that certainly could be considered, but it would have to be by volunteer participation as community service, rather than as scientific class study.
Terry Stamps suggested outreach activities, informative seminars, and family oriented events, with other children receiving the benefit of observing and learning from the studies of the high school students.
Ms. Beers requested meeting information from the commission in order to be able to visit the commission’s Subcommittees on water resources and open space. She and the members agreed that she would return this autumn to meet with the Commission, and after that, possibly meet with the Subcommittees.
2. Review and Approve Minutes for 5/21/08 and 6/18/08 Meetings
Review of minutes for 5/21/08 was tabled until next meeting.
Minutes of 6/18/08 were reviewed, with amendments noted by Terry Stamps. Bob Stamps made a motion to approve the minutes as amended, Martha Sunderland seconded the motion, and it carried unanimously.
3. Mail:
• Request for Comments from Planning Board on Dunkin' Donuts Site Plan Review Case #2008-004, Map 1, Lot 619-A, (1805 Old Concord Rd) July Material Submission
The members of the Commission reviewed the revised site plans that were received by the Planning Board on June 20, 2008, and went over proposed plan details for both the lot and the location of the buildings.
They briefly discussed the separate package that will be reviewed by the New Hampshire Department of Transportation, including rights of way, sight lines and driveway slopes. The Commission intends to restate its recommendation for permeable paving in the parking lot.
They noted that the flood plain determined by FEMA falls outside the septic system area. They determined that the water and septic usage questions had been addressed adequately and that the septic system was large enough.
They noted that the precise location and size of the retaining wall were not clear from the plans. They intend to recommend to the Planning Board that it request a cross-section of the retaining wall at its closest proximity to the wetlands, with plans-to-scale that clearly show the wetland area to be disturbed during construction of the retaining wall and installation of other erosion control measures.
The Commission would also like to see plans that indicate how the small structure on the property will be removed without disturbing the wetlands.
Regarding landscaping, it was not evident which trees will remain and which will be removed. For screening trees, the Commission intends to recommend hemlock instead of poplar for better durability and longevity.
Holly Green recorded and promised to submit the Commission’s questions and recommendations to the Planning Board by noon Thursday, July 3.
• Request for Comments from Planning Board on Lot Line Adjustment
Case #2008-005, Map 1, Lots 10 and 68 (Route 114), 2nd Application Review
The property owners are requesting a lot line adjustment to allow plans to develop the combined acreage of 45.25 into two lots of a different configuration than now exists. The Commission checked the location of the lots on Tax Map 1 to ascertain the location and determine that the lots were contiguous. The Commission supports the plan of one driveway for two properties as an improvement to previous plans. They decided that the contiguous buildable area cannot be determined at this point, without wetlands location and size being shown on the plans. They would recommend against granting a waiver due to steep terrain slope and presence of wetlands on both proposed lots. Amey Brook crosses a road near the property.
Holly Green recorded and will submit the Commission’s recommendations to the Planning Board by noon Thursday, July 3.
4. Report on 6/23/08 Water Resources Subcommittee Meeting
Holly reported that the Subcommittee has decided a water withdrawal moratorium is not needed at this time because the Town cannot regulate water withdrawal which is below a minimum volume level set by the State of New Hampshire. The State has a threshold at which it becomes classified as water withdrawal because it might constitute a threat to the aquifer. As a result of learning this information, the Subcommittee does not plan to propose any changes to the Town’s Zoning Ordinances for this coming year.
Mark brought up the topic of septic systems and proposed a possible outreach from the Subcommittee to property owners regarding recommended service intervals. Commission members discussed this topic briefly but did not decide to make any recommendation to the Subcommittee.
At 8:55 p.m., Holly Green made a motion to extend the meeting time beyond 9 p.m., the motion was seconded by Martha Sunderland, and agreed to by the other members of the Commission.
5. Report on 5/21/08 ZBA Meeting
Mark Mitch reported on an application by Laidlaw for a zoning variance. They plan for a biomass fuel generation facility with consumption of 200,000 tons of clean wood chips and energy output of 20 millowatts per year.
Mr. Mitch read aloud the applicant Laidlaw’s responses to zoning ordinance requirements for public health benefit, natural resource impact assessment, customary utilization of space zoned as light industrial-commercial, potential hardship if variance denied, potential benefit to surrounding businesses and no demonstrable detriment to surrounding property values, et cetera. In its written statements, Laidlaw asserts that a height of 80 feet is needed for a vertically constructed boiler, but apparently it does not provide further details regarding overall size and dimensions of the potential structure.
Commission members raised some questions, such as: does this use fall under the category of light industry, given the amount of fuel consumed? What is the latest technology available for emission control, and how do emission control plans submitted by this applicant compare? What percentage of raw materials will come from the local area, or from outside the area, and how will road traffic be affected by transport of materials?
The Commission decided that more information is needed about the building dimensions and design, rather than just the height needed for the boiler. In addition, they believe the applicant should provide quantifiable data regarding emissions control from its existing fuel-generation sites as a means of measurement and assessment for the Zoning Board.
During this report, Bob Stamps excused himself from the meeting room as a member of the Zoning Board of Adjustment. Denise Rico recused herself from voting on this matter since she does business with a business that might benefit from the outcome of the Zoning Board’s decision.

6. Chase Brook Conservation Easement
The members reviewed the most recent version of the conservation easement deed and decided to recommend its approval to the Board of Selectmen. However, they would like to suggest that Five Rivers might amend the deed to clarify the following: (1) identify precisely which types of vehicles will be permitted seasonally (i.e., specify snowmobiles versus the more general term “snow traveling vehicles”); and (2) possibly delete gravel as a pavement material in the proposed parking area, in light of the new statewide shoreland protection legislation which might bring about a modified definition of the term “impervious surface.” Additionally, it was noted that (3) the signature page to the deed should be updated to reflect the current membership of the Select Board for the Town of Henniker.
Martha Sunderland made a motion that, after significant review and several revisions, the Conservation Commission recommend to the Board of Selectmen to approve and sign the conservation easement deed for Chase Brook, as it is expected to be amended and submitted by Five Rivers after consideration of the above recommendations from the Conservation Commission. The motion was seconded by Bob Stamps and carried unanimously by voice vote.
7. Outreach Workshop Planning
Discussion of subject was tabled until the next Conservation Commission meeting in August.

8. Other Business
The Chair opened up the floor to discussion of other business.
Denise Rico mentioned that she has observed extensive earth movement on Ray Road but cannot discern if it impacts the wetlands. She also reported that the signs for the conservation areas on the Contoocook River are ready and look beautiful, plus she is in the process of trying to contact one of the property owners.
Holly Green suggested that the meeting of the Conservation Commission which would be scheduled for July 16 be canceled in order that members might be available to attend the Z.B.A. meeting instead. A motion was made by Holly Green to cancel the July 16 meeting, the motion was seconded by Stephany Lavallee, and approved by a vote of six in favor, with Denise Rico abstaining.
Holly mentioned that Five Rivers Conservation Land Trust approached her to ask for recommended names of citizens who might wish to serve as conservation liaisons between themselves and the land trust. Holly agreed to get further details about the proposed role of liaison so that members might make more informed recommendations.
Martha Sunderland raised for the Commission’s consideration an Intent to Cut form for
Lot No. 354C, which has wetland at one edge of the wooded growth. It was agreed that notification of forest management activities in a wetland would also be required.
Martha offered to draft a letter from the Conservation Commission to the Selectmen in regard to this application.
Martha also informed the members of an anonymous report of dredging and filling behind a condominium complex in Henniker. Apparently this is an ongoing situation, related to maintenance of condominium grounds, where a pipe is being allowed to flow directly into a pond, and the stream banks are being cleared by removal of trees. The Commission has been made aware of this condition in the past, and during the meeting, a member pulled a copy of its previous complaint letter to the New Hampshire Department of Environmental Services. Martha agreed to draft a new letter of complaint on behalf of the Conservation Commission, to be submitted to the D.E.S. before the Commission’s next meeting in August.
Mark Mitch reported that the lot (No. 96-X1) on Davison Road behind the Mobil station has been graded to cover the entire lot. Denise recalled that there is wetland on the west side of the lot, and grading is not supposed to extend westward. Mark will research past meeting minutes and possibly prepare a complaint to file with DE.S.
Adjournment

At 10:02 p.m., Terry Stamps made a motion to adjourn the meeting, the motion was seconded by Bob Stamps, and carried unanimously.

Next Meeting
Wednesday, August 6, 2008 at 7:00 p.m.

Minutes Respectfully Submitted
By Recording Secretary Sheila Mitchell

Henniker Conservation Commission Meeting
August 6, 2008 - 7:00 p.m.
Henniker Grange Hall
Approved Minutes

Members Present: Chair Holly Green, Mark Mitch, Denise Rico, Bob Stamps, Terry Stamps,
Martha Sunderland, Thomas Watman

Others Present: Sheila Mitchell, Recording Secretary

Holly Green called meeting to order at 7:03 p.m. and invited Mr. Stevens to speak.

1. Appointment with Alan Stevens re. Lot Line Adjustment and Subdivision Application
The Henniker Planning Board has requested comments from the Conservation Commission on the application from Alan Stevens for lot line adjustment and subdivision of his property in the area of Western Avenue and Patterson Hill Road in Henniker, Case No. 2008-8,
Map 1, Lots 350, 351 and 349-H. The comments will be needed in time for the Planning Board's meeting on Wednesday, September 10, 2008.
Alan Stevens was invited to an appointment with the Conservation Commission at the start of this meeting, and he began by briefly summing up his history with the property (which he purchased in January 2007) and his plans for subdividing it.
He then displayed subdivision plans that had been revised after meeting with the Planning Board. In answer to a question from Terry Stamps, he explained where he previously had allowed for two driveways from Western Avenue, while the current plans allow for one driveway leading onto at least two of the three subdivided lots.
He explained where the buildable areas for each of the subdivided lots might be located, then indicated the alternative potential pathways for a paved driveway that would first allow access from the street and then lead to each of the subdivided lots. On the proposed middle lot, the road would need to ascend a grade of 10% on one route or a 16% grade on a different, more circuitous route.
Then Mr. Stevens went over a map showing the Contoocook River, Western Avenue, and the property, with wetlands setback details. He explained plans he has for dredging and filling, installing a culvert, and paving a driveway along the border of a setback to provide access into the subdivided lots. He explained what paving materials he would plan to use, and he pointed out where optimal vistas of the river would be.
Another map was reviewed that showed the entire property with topographical details.
Mr. Stevens explained the lay of the land for each subdivided lot, and once again emphasized where views of the river would be situated. He went into further detail about reinforcing and paving the roadbed, showing where he would plan to install rip rap material for stabilization.

He then mentioned the anticipated impact of drainage on the wetlands. He said he does plan to install an additional 12” culvert (to be located just inside the property line, along the low-lying edge of the setback) to prevent drainage from elevated property onto the road, and he plans to ask an engineer if he should dig a drainage pool area just below it. Martha Sunderland asked if he would need to request additional shoreland protection permits from the Department of Environmental Services. Mr. Stevens said most of the culverts have been permitted already, and he does not plan to request another permit for one additional culvert.
He also mentioned clearing extraneous brush and diseased trees. Someone asked him if, in addition to installing a partial roadway, he would anticipate doing the work to level the lots or build the houses, and he said no.
Holly suggested the Commission schedule a site visit before the next meeting of the Planning Board. It was agreed that the following members would meet Mr. Stevens at the property at 5 p.m. on Wednesday, August 13: Holly Green, Mark Mitch, Denise Rico and Martha Sunderland. The appointment at the August 6th meeting concluded at 7:45 p.m.
2. Review and Approve Minutes for 5/21/08 and 7/02/08 Meetings
A. Minutes for 5/21/08 Meeting
Martha Sunderland distributed copies of the minutes to the members for review and made notes of corrections. Holly Green made a motion to accept the minutes as amended, the motion was seconded by Thomas Watman, and carried. Bob and Terry Stamps abstained from voting because they were absent from the meeting on May 21st.
B. Minutes for 7/02/08 Meeting
Sheila Mitchell distributed copies of the minutes to the members for review and made notes of corrections. Terry Stamps made a motion to accept the minutes as amended, the motion was seconded by Bob Stamps, and carried. Thomas Watman abstained from voting because he was absent from the meeting on July 2nd.
3. Mail
A. Expedited Minimum Impact Wetlands Permit for Map 1, Lot 741, right of way on Old Bowers Road.
Martha reported that a lawsuit had to be settled before the work could proceed. While the lawsuit had recently been settled, the previous permit had expired, so the applicant is applying for a permit again. Terry asked if there had been any changes to the permit application and Martha was not aware of any changes. Bob asked if the original intent had been followed and Martha said it had, as far as she knew. Since the Commission presumably supported the permit application in the past, they decided to support it again.
Bob Stamps made a motion to approve and sign the permit, Mark Mitch seconded the motion, and the motion carried with all in favor.
B. A reminder has been received to complete a Community Needs Assessment.
C. A notice of Intent to Cut 15 acres in the midst of 55 acres on Lot 592-D (to be harvested by the property owner) was discussed briefly by the Commission. Questions were asked by the members but no objections were expressed at the meeting.
D. A notice of Intent to Cut 45 of 50 acres on Lot 88 (to be harvested by an outside logger) was discussed briefly by the Commission. Questions were asked by the members but no objections were expressed at the meeting.
E. The Conservation Commission received copies of two letters, dated July 21, 2008 and prepared by Laura Scott, Planning Consultant for the Zoning Board of Adjustment, with regard to two applications for zoning variance made by Laidlaw Energy Group.
First Letter: Use Variance Case No. 2008-104:
1. Proposed use is not commercial/light industry; variance still required.
2. Public hearing reopened on new material supplied.
3. Members of the public who were opposed were allowed to speak on July 16th. Members in favor will be allowed to speak at the next meeting.
4. The hearing before the ZBA was continued to August 20th.
Second Letter: Area Variance Case No. 2008-105, tabled.
Holly made a motion for the Conservation Commission to write a second letter addressed to the Zoning Board, requesting it be read aloud at the ZBA’s meeting on August 20th, that will reiterate the Conservation Commission’s comments that were prepared for the July 16th meeting. The motion was seconded by Mark and carried with all in favor.
F. Copy of July 7, 2008 letter regarding File No. 2008-01221, permit to Patenaude Properties, for Davison Road, Tax Map 2, Lot 96 x 1, from the N.H. Department of Environmental Services in response to a report of possible dredging and filling over wetlands.
G. Permit No. 2007-00555 to Ronald Talbot, for Tax Map 1, Lot 354-C, was approved as of June 12, 2007 and will expire June 12, 2012.
H. Martha reported that she has submitted a letter to DES to advise them of the dredging and filling activity behind the condominium complex in Henniker, and she brought a copy of the letter for the members to review.
I. The Conservation Commission has been invited to attend the next meeting of the Planning Board on August 13th and to offer comments on potential wetland impact at the Dunkin’ Donuts site.

4. Potential Wetlands Impacts Comments for Dunkin’ Donuts Site
After this topic was mentioned in the incoming mail, the Chair suggested that the order of discussion be switched with the next topic on the agenda. She reminded the members that their written comments would need to be submitted to the Planning Board office by noon on
August 7 if they wanted them to be included in the preparation packets for the Planning Board. Mark Mitch agreed to submit the comments on time, along with digital photographs.
Comments from the Conservation Commission on potential wetlands impacts at the Dunkin’ Donuts site are as follows:
1. Identify the location of the retaining wall with stakes.
2. Delineate wetlands with flags placed by wetland scientist(s).
3. If the tree stumps are going to be removed, explain how the stumps will be removed without disturbing the wetlands.
4. Do not remove stumps within the wetlands without permitting.
5. If the posts from the removed deck are still in the wetlands, they should not be removed.
6. Any exposed soil surfaces should be stabilized.
7. The silt fencing and groundcover material should be maintained on an ongoing basis.
5. UNH Cooperative Extension Community Profile Application
The members considered offering a letter addressed to UNH Cooperative Extension in support of the Henniker Planning Board’s application for a community profile.
Martha Sunderland made a motion to submit a letter of support, the motion was seconded by Bob Stamps, and it carried with all in favor. Holly Green agreed to compose the letter.
6. Open Space Subcommittee Meeting Report
A. Terry Stamps reported on an opportunity brought to the Open Space Subcommittee regarding a property near Route 114, north of Town Hall. A representative from the Forest Society has offered assistance to prepare an application for a conservation easement, but a fee would need to be paid to the Forest Society, and the easement would be privately held rather than publicly held by the Town of Henniker. Nevertheless, the Conservation Commission believes that the Town of Henniker would benefit from public access to this property.
After a good deal of discussion, the Commission members decided that they would like to express immediately the Commission’s interest in the possibility of a conservation easement, with the understanding that legal research must be done before proceeding. Denise Rico would serve as liaison to the Forest Society for the Conservation Commission and its Open Space Subcommittee.
At the meeting, the Commission reviewed two State statutes that would likely apply to a case such as this. The members decided to contact some legal experts with general questions at this point, and probably the Town attorney once more information has been gathered.
The Commission also decided that, before it makes a final decision, it will: conduct a site visit; determine precisely how much the fee and other possible costs would amount to; and hold an informational meeting for the public. It was determined that the Conservation Commission would have the authority to expend funds, but that it would plan to consult with the Board of Selectmen before doing so.
Martha Sunderland made a motion that the Conservation Commission would let the landowner know that the Conservation Commission believes this is a critical conservation piece, and it is in support of working in assisting in its conservation, but it needs to research the proper legal procedure for possibly extending Conservation Funds for these purposes. Tom Watman seconded the motion, and it carried unanimously.
B. Holly made a motion to extend the meeting time another 20 minutes, the motion was seconded by Martha, and carried with all in favor.
C. Another matter was brought up at the latest Open Space Subcommittee meeting.
Holly reported that the land’s owner is in favor of having a meeting with the Conservation Commission and the N.H. Department of Environmental Services.
Martha made a motion to schedule that meeting, the motion was seconded by Bob Stamps, and it carried with all in favor.
7. Zoning Board of Adjustment Meeting Report
A. The report of the previous meeting is recorded in these minutes under Mail, Item No. 3.
B. Holly Green made a motion to cancel the Conservation Commission’s meeting on August 20th so the Commission members may attend the next hearing of the Zoning Board of Adjustment. The motion was seconded by Tom Watman and carried with all in favor.
C. The next Conservation Commission meeting will be Wednesday, September 3, 2008.
8. Water Resources Subcommittee Meeting Report
The Chair suggested Item 8 be tabled until a future meeting, and there was no objection.
9. Other Business
A. Chase Brook Conservation Easement
Martha Sunderland reported that the attorney is working on the final revisions and the easement is expected to be completed soon.

B. Contoocook River Protected River Signs
Denise Rico reported that the signs have not been posted as yet, but will be as soon as Morgan can get to them. She has spoken with the property owner who was mentioned at the last meeting, and the property owner gave verbal approval of posting the signs.
Denise plans to adjust placement of the signs in the area of the bridge on Western Avenue that was recently closed down by the N.H. Department of Transportation, and she invited and received suggestions for placement from the members.
Also, Denise has obtained permission to publicize the protected river sign program.
C. Amey Brook
Denise shared a recent photograph she had taken of Amey Brook. The photo showed high water level and considerable muddiness in the water, which would indicate excessive soil erosion from the surrounding area.
Denise Rico made a motion to send a letter to the Department of Environmental Services to request measures be taken to stabilize the soil in the area near Amey Brook. The motion was seconded by Tom Watman and carried with all in favor.
Denise will compose the letter.
Adjournment

Holly Green made a motion to adjourn the meeting at 9:50 p.m., the motion was seconded by Terry Stamps, and carried unanimously.

Meeting adjourned at: 9:50 p.m.
Minutes submitted by: Sheila Mitchell, Recording Secretary
Minutes approved on: September 3, 2008

Henniker Conservation Commission Meeting
September 3, 2008
Grange Hall

Approved Meeting Minutes

Members Present: Chair Holly Green, Stephany Lavallee, Mark Mitch, Denise Rico,
Bob Stamps, Terry Stamps, Martha Sunderland, Thomas Watman

Others Present: Sheila Mitchell, Recording Secretary

Call to Order: Chair Holly Green called the meeting to order at 7:07 p.m.

1. Approval of Minutes of August 6, 2008

Committee members reviewed the draft minutes and made suggestions for language corrections, which were noted by Recording Secretary Sheila Mitchell. Martha Sunderland arrived at the meeting just after the minutes were approved.

Holly Green made a motion to approve the minutes as amended; the motion was seconded by Terry Stamps, and carried with all who were present being in favor.

2. Mail

A. The Commission has received a letter from Laura Scott, advising that funds are available from the Central New Hampshire Planning Commission for innovative land use controls through planning and zoning ordinances.

Applications for funds should outline the problem that might be addressed by this method, how the ordinance revision would help, and how it would support current master plan goals. In addition, applications should state the parties that would be collaborating and the time frame for implementation. (The CNHPC statement recommended it be in time for 2009 town meetings.) After a preliminary discussion, the members decided that, while the proposal for ordinance change probably would not be ready until the 2010 town meeting, they would like to apply for funds anyway and propose to find a solution via ordinance changes to the lack of protection for groundwater and other water resources in Henniker.

Holly Green moved that the Commission submit a letter of interest to the Central New Hampshire Planning Commission by September 10, 2008, stating that the Henniker Conservation Commission has identified the problem of protecting water resources in Henniker, and would like to pursue solutions through proposed changes to Town planning and zoning ordinances in time for the 2010 Town Meeting. The motion was seconded by Martha Sunderland and carried with all in favor.

B. The Commission has received a copy of a Certificate of Completeness from the New Hampshire Department of Environmental Services Wetlands Bureau regarding the property formerly known as Bowers Road Landing.

C. A copy of a written response to a request by the Planning Board for classification of excavation in accordance with RSA 155-E (Chapter 201) has been received.

D. A copy of Excavation Application No. 2008-001, the hearing on which has been continued until further information is provided by the applicant in time for the Zoning Board of Adjustment’s meeting on September 10th.

E. A summary of the Zoning Board of Adjustment’s meeting and public hearing on August 20, 2008 pertaining to the variance application by Laidlaw Energy.

F. A copy of a letter sent from the NHDES to Dennis Roberts, Trustee of River Meadow Condominiums, requesting his response to complaint allegations.

G. A copy of a report on 1805 Old Concord Road. The NHDES inspected the property on July 25, 2008 and observed erosion, probably due to removal of vegetation. They requested the owner stabilize the ground with replanted vegetation, and the replanting work was completed by August 8th, so the DES is now closing its file on this case.

3. Report on August 26th Site Walk relating to Planning Board Application for
Lot Line Adjustment and Subdivision Application at Western Avenue and Patterson Hill Road - Case 2008-8, Map 1, Lots 350, 351 and 349-H

Martha presented the latest plans, revised August 27th. The revised plans, along with comments written by Laura Scott on August 29th, were reviewed. Between the August and September meetings, members of the Commission had completed a site walk, and Holly Green took minutes of the walk. Those who had been on the walk agreed that the developer had done a very nice job of installing erosion control, preserving scenic views, and enhancing buildable lots with minimal environmental impact and consideration of privacy for neighbors.

Holly Green made a motion to send a letter from the Conservation Commission to the Planning Board, stating that that the Commission has no further comments or requests regarding this case, and to please refer to minutes of the site walk for its most recent observations. The motion was seconded by Bob Stamps and carried.

4. Chase Brook Conservation Easement

Martha Sunderland distributed copies of pertinent pages from the finalized conservation easement deed and highlighted final modifications for Commission members, including but not limited to:

• Removal of Item K from Section 2, Use Limitations: limitations pertaining to motorized vehicles, which were found under Item K, are now covered in Item A of Section 3,
Reserved Rights.
• Limits on forestry are covered under various items in Section 2, Use Limitations; and reference to a forest management plan is covered under Item B in Section 1, Purposes.
• Wording change under Section 3. Item A: from “motorized vehicles” to snowmobiles.”
• Section 3. B: allowing the Town of Henniker to construct and maintain a small, unpaved parking area off of Flanders Road. Changes to location, design (including materials) and dimension of the parking lot will require prior written approval from the Grantee,
Five Rivers Conservation Trust.
• Section 3. D: maintenance, repair, replacement and relocation of existing trails is allowed; however, relocation of existing trails will require prior written approval from the Grantee.
• Section 9. C: the item regarding damage recovery for breech of easement has been removed upon suggestion from Town Counsel.

In summary, Martha declared that all the Conservation Commission’s requests have been granted in the deed, and she reported that boundaries have been confirmed by a site walk, and that minutes of the site walk were taken that include new descriptive language.

The Commissioners decided to authorize their Chair to sign the deed on behalf of the Conservation Commission in the presence of a notary public.

Denise Rico moved to authorize Holly Green to sign the deed on behalf of the Conservation Commission, Mark Mitch seconded the motion, and it carried with all in favor.

The Conservation Commission agreed that the next step after its approval and signature would be to ask the Board of Selectmen to accept the conservation easement deed on behalf of the Town of Henniker. After Holly signs the deed, she will give it to Peter Flynn for forwarding to the Select Board.

A motion was made by Martha Sunderland to recommend to the Board of Selectmen that they vote to accept the conservation easement and sign the deed on behalf of the Town of Henniker. Stephany seconded the motion, and it carried with all in favor.

Pending approval and signature by the Board of Selectmen, the Commission discussed additional follow-up: donation to a monitoring fund; publicity in the community (including an article in Outlook); a dedication event, hopefully later this year, to be coordinated with Five Rivers and the Henniker Trail Travelers snowmobile club; posting of conservation signs; and possible erection of a gate to limit access to the motorized vehicle trail.

Stephany Lavallee suggested also coordinating the Chase Brook dedication event with the
“New Spirit” Committee of Henniker, since that committee had expressed an interest in being involved in such events. New Spirit is the committee that resumed and organized Henniker’s Old Home Days in 2008. What is more, they have asked the Board of Selectmen to change their status from ad hoc for one year to become one of the Town’s standing committees.

5. Report on Open Space Subcommittee Meeting of August 25, 2008

Denise Rico reported that a public meeting is planned for October 1st at someone’s home in Henniker to have the Forest Society present information about conservation easements in general, along with offering a report about conservation easement projects that are underway, and discussing areas of interest for possible future conservation in Henniker. Denise asked if the Commission would approve postage for a mailing to Henniker residents to publicize the meeting.

Martha Sunderland moved to approve funding of postage to publicize the October 1st conservation information meeting; the motion was seconded by Mark Mitch, and carried.

6. Conservation Fund Expenditures

The Henniker Conservation Commission recently learned, through a member of its Open Space Subcommittee, about a parcel of keen conservation interest that might be acquired for the benefit of the public of Henniker, but the easement would be held by a third party, the Forest Society (Society for the Protection of New Hampshire Forests). At its meeting on August 6th, the Conservation Commission decided to express an interest in the property to the landowner,
but also to explain to them that legal research would have to be conducted before proceeding to the point of making a financial commitment. Denise Rico was authorized to serve as liaison between the Conservation Commission and various legal experts for that research.

Denise reported to the Commission members on the research she has conducted thus far
(in preparation for contacting the Town’s Attorney), where she has reviewed the statutes and requested legal opinions from impartial, outside sources on the use of public funds to acquire conservation easements which will be held by a third party (that is not a public entity or municipality, such as a land trust or the Forest Society). Denise shared copies of written responses she had received to date.

As Denise emphasized in her inquiry letter to the legal experts, after she touched on the authority granted to municipalities to spend public funds for a purpose, “there is a critical difference between a ‘public benefit’ and a ‘public purpose’ for which a municipality can spend public money. The public purpose involves both a benefit to the public and the ability of the town to obtain the benefit.”

Some of the responses she received indicated that one means of the Town’s ensuring its ability to obtain the public benefit would be to see that it holds executory interest in the conservation easement deed, which would make the Town the secondary easement holder after the Forest Society. And as a response letter (dated August 28, 2008) from the New Hampshire Local Government Center states, “generally speaking, holding a secondary or executory (‘springing’) interest in the conservation easement should be sufficient because it is a legally-enforceable interest that satisfies the ‘quid pro quo’ requirement for spending public funds.”

In January of 2009, a new state law is due to take effect that “will allow a town’s legislative body [e.g., citizens voting for or against a warrant article at Town Meeting] to authorize the conservation commission to ‘expend funds for contributions to “qualified organizations” … when such purchase carries out the purpose of RSA Chapter 36-A’” (quoting from an August 26, 2008 letter received from the New Hampshire Local Government Center). Chapter 36-A pertains to Conservation Commissions.

The Commission members seemed to agree that, if she is authorized to contact him, Denise should seek Town Counsel’s opinion, and ask him to respond in writing, with regard to:

• General principal of the use of public funds to obtain an easement held by a third party
• Potential liabilities for the Town if it does (or does not) have executory interest in the conservation easement deed
• How the Conservation Commission/Town should proceed prior to approval or disapproval of the expenditure of funds by warrant article at Town Meeting

Martha Sunderland made a motion that Holly Green contact Town Administrator Peter Flynn to ask if the Conservation Commission may contact the Town Attorney regarding this matter; and, if approval is given, that the Conservation Commission authorize Denise Rico to contact the attorney, either by phone or in writing, to request his written opinion on the use of public funds to obtain private conservation easements. The motion was seconded by Mark Mitch and carried with all in favor, except for one abstention by Denise Rico.

7. Report on Zoning Board of Adjustment Meeting of August 20, 2008

This matter was also referred to under Mail, Agenda Item 2. E. The Laidlaw case has been continued until the ZBA meeting on October 15, 2008 and the Zoning Board has requested a written response from Laidlaw by October 6th, addressing at least the following:
• Power Transmission Lines
• Building Design
• Anticipated Biomass Tonnage
• Number of Trucks Needed
• Anticipated Volume of Solid Waste Products

Additionally, an independent party is conducting a property value assessment.

The New Hampshire Department of Environmental Services is expected to testify at the public hearing portion of the October meeting.

Mark Mitch asked about an abutter’s inquiry of potential water usage, the estimated daily withdrawals and discharges, which should give a picture of the daily volume of use of ground and surface water by the applicant.

At its meeting on August 6th, the Conservation Commission decided to write a second letter to the Zoning Board, outlining its concerns about Laidlaw, and to request the letter be read aloud at the ZBA meeting on August 20th. Holly confirmed that the request was made, but the letter was not read aloud at that August meeting.

Bob Stamps suggested that Holly contact the Chair of the ZBA and request again that the letter be read aloud. Holly agreed to follow up in an e-mail to Laura Scott and Doreen Connor, and to bring forward the new question of estimated water usage. Terry Stamps suggested someone also bring photocopies of the Conservation Commission’s letter to the next ZBA meeting in case they are needed.

Holly Green made a motion to cancel the October 15th meeting of the Conservation Commission in order that members may attend the meeting of the Zoning Board of Adjustment. The motion was seconded by Terry Stamps and carried with all in favor.

8. Report on Water Resources Subcommittee’s July 21st and August 18th Meetings

Mark Mitch gave a report on the meetings of the Water Resources Subcommittee.

A. Educational outreach campaigns to address control of invasive plant species and use of rain collection barrels have been discussed.

B. Cogswell Springs plans to propose a warrant article to begin metering of residential water usage for people who are connected to town water and sewer systems. The installation of meters presumably will begin with new construction, then existing residences.

C. The Subcommittee continues to work on updating the Town’s water resources management plan.

D. Public outreach forums are being planned regarding the new Shoreland Protection Act, invasive species, and land use.

9. Outreach on New State Shoreland Protection Regulations

Holly Green and Mark Mitch have been contacting various people regarding the new shoreland protection regulations. They would like to organize an informational meeting for land owners, business owners, developers, et cetera, around November, with a representative from NHDES there to explain the impact of the new regulations.

At 9:00 p.m., the Commissioners agreed by consensus to extend the meeting in order to discuss other business.

10. Other Business

A. Bob Stamps asked Holly about the DES meeting on the river, and Holly said there was nothing to report.

B. Martha Sunderland reported that a notification of forest management activities having wetland impacts has not yet been filed with the NHDES for Lot 354-C. There was a brief discussion of abutter concerns, contact to date between the forester and landowner, previous correspondence sent by the Conservation Commission, etc. Martha wondered if the Conservation Commission should file a complaint, and the Commissioners decided it would be the appropriate next step.

Bob Stamps moved that the Conservation Commission authorize Martha Sunderland to file a complaint with the NHDES concerning alleged cutting of timber in wetlands without a permit, the motion was seconded by Stephany Lavallee and carried. Martha said she would file a complaint on line.

C. Terry Stamps mentioned that the lawsuit filed against the Town of Henniker
had been heard in Concord recently, and a decision should be rendered in two to three months.

D. The Planning Board has requested the developer of the Dunkin’ Donuts site to reappear before them in order to address some conditions of approval that have not been met yet, Terry reported. By default, approval for site development has gone through, since opening conditions have now been met and the Town Engineer has completed their review. The applicant has responded to one of the Conservation Commission’s requests by stating their intention to cut rather than remove stumps that are situated in the wetlands.

E. Mark Mitch said he noticed at Brown’s Way that the berm, which was built up to restrict access, had been worn down – most likely by a large vehicle or vehicles, in his assessment. Mark expressed concern about destabilization of the slope and rocks being loosened by increased motorized traffic. The members decided there was no avenue for corrective action since Brown’s Way is a private road.

At one point in the past, the road was proposed for reclassification to town road, but the proposal did not pass.

F. A Task Force on Campus Sustainability at New England College has been formed, Mark reported. The task force’s objectives will be to investigate feasibility of measures to minimize the overall environmental impact of campus life. He extended an invitation to Conservation Commission members to participate, especially at the start-up meetings, and the invitation was warmly received.

G. Denise Rico requested pond water sampling dates. The Commission set the last Saturday in September (September 27) and the first Saturday in October (the 4th) as potential dates.

Adjournment

Holly Green made a motion to adjourn the meeting at 9:20 p.m.; the motion was seconded by Terry Stamps, and carried unanimously.

Meeting adjourned at: 9:20 p.m.
Minutes submitted by: Sheila Mitchell, Recording Secretary
Minutes approved: Wednesday - September 17, 2008

Henniker Conservation Commission Meeting
September 17, 2008
Grange Hall

Approved Meeting Minutes

Members Present: Chair Holly Green, Stephany Lavallee, Mark Mitch, Denise Rico,
Terry Stamps, Martha Sunderland, Thomas Watman

Member Absent: Bob Stamps was absent in order to attend a meeting of the ZBA

Others Present: Barbara Beers, Aaron Wechsler of Aspen Environmental Consultants,
Sheila Mitchell, Recording Secretary

Call to Order: Chair Holly Green called the meeting to order at 7:10 p.m.

1. Approval of Minutes of September 3, 2008

Committee members reviewed the draft minutes and made suggestions for language corrections, which were noted by the Recording Secretary.

Terry Stamps made a motion to approve the minutes as amended, the motion was seconded by Stephany Lavallee, and carried with all in favor.

2. Mail

A. Minimum Impact Expedited Wetlands Application
Map 1, Lots 10 and 68

Aaron Wechsler was present to explain the progress of this development since a lot line adjustment was approved on July 14, 2008. The N.H. Department of Transportation has approved a shared driveway. Mr. Wechsler gave the details of three different crossings. A concrete culvert was chosen for structural integrity and minimum surface area. Snowmelt runoff has been considered. Slope angles and surface materials were chosen with wildlife crossings in mind. In Mr. Wechsler’s opinion, the crossings have been engineered to be environmentally conservative.

Holly Green made a motion to approve the plans for the minimum impact expedited wetlands application for Map 1, Lots 10 and 68, the motion was seconded by Terry Stamps and carried with all in favor.

B. Notification of Trail Development Activities
Having Minimum Wetlands Impact Map 1, Lot 120A-1

An application has been filed by the Bound Tree ATV Club of Contoocook to build a bridge of hemlock logs and cross planks (28 feet long and 6 feet wide) across a seasonal creek bed near Grassy Pond. The members discussed the subject to clarify the picture of the type of bridge to be built and types of use by all terrain vehicles and trail bikes. No one expressed any objections, and all agreed that no action was needed to express the Commission’s tacit approval.

C. Notices of Intent to Cut Wood or Timber
Map 1, Lots 353 and 726A

The Commission reviewed the notice of intent to cut timber on 80 of 98.6 acres, primarily pine, estimated by the Conservation Commission at 15 to 20 truckloads, and 20 cords for personal use. The form itself seemed to be missing information and the overall plan was not very clear. However, no one on the Commission had any objections and the consensus was that no action was necessary.

D. Request for Comments from the Planning Consultant
Excavation Application, Case No. 2008-011
Map 1, Lots 44 and 99 (NH Route 114)

Mink Hills has plans for a gravel pit, with blasting, on 25 land-locked acres.
The current terrain constitutes a barrier to Route 114. They have applied to establish access through Lot 44. The application describes access to stone below the water level underneath a ledge. The descriptive language of this target was not clear. Traffic volume is expected to be around 100 tractor-trailer trucks per day. The existing access road, which reportedly is in rough shape, crosses at least three wetland areas.

The application was submitted on September 3, 2008 (in time for the October 8th meeting of the Planning Board). The plans as submitted were not complete and possibly contained some inaccuracies. In addition to what has been submitted, a water drainage plan should be completed and a reclamation plan for the site is still required. Permits should be requested of the NH Department of Transportation and Department of Environmental Services for alteration of terrain to allow access to Route 114 and improvement of the access road across the wetlands.

The new Town Engineer is expected to be on board by October. The application is scheduled for review by the Planning Board at its meeting on October 8th. After that meeting, an engineering review will be conducted and a site walk will be scheduled, to which the public and the Conservation Commission will be invited.

The application package given to the Conservation Commission contained summary documents only, and did not include site plans. Apparently, only one copy of site plans was submitted to the Planning Board, and the Planning Consultant has requested additional copies. Since there are questions and more information is needed, the Commissioners agreed to table further discussion of this application until its meeting on October 1st. It’s possible the project engineer might be invited to come to the meeting to explain the excavation and blasting plans. Meanwhile, Holly Green will contact the planning office to request a copy of the site plans.

E. Bowers Road - Tax Map 1, Lot 741

The Commission received a copy of a notice of approval by the NHDES of a non- site-specific wetlands permit, Case No. 2008-01548, effective from 8/28/08 to 8/28/13.

F. Community Profile

The Open Space Sub-Committee received a copy of a community profile (future vision for Henniker), which has been submitted to UNH Cooperative Extension by the Henniker Planning Board.

3. Conservation Fund Expenditures

Denise Rico reported that the Town Attorney does not agree with the letters from the Local Government Center but does advise that the simplest solution would be executory interest. This would be documented in the deed itself.

Thomas Watman made a motion to authorize Denise Rico to contact the landowner of the potential conservation easement site, stating that the legality of the expenditure of conservation funds has been clarified and that the Conservation Commission is interested in assisting them. The motion was seconded by Martha Sunderland and carried unanimously.

The attorney also recommended that the Conservation Commission pursue the Town’s adoption of the new State law (updating RSA 36-A:4-a) taking effect in January 2009. On a suggestion from Selectman Watman, the members agreed to ask the attorney to draft a specific warrant article for the next Town Meeting.

4. Chase Brook Conservation Easement

The Board of Selectmen have approved and signed the conservation easement deed. Martha Sunderland will let Five Rivers Conservation Trust know that the Selectmen have approved the easement. Holly Green will now sign it on behalf of the Conservation Commission.

A baseline report on site conditions is being prepared, another site walk has been requested, a title search will need to be done, and the Town Administrator must prepare a tax form. The following members agreed to conduct a site walk on Sunday, September 21, 2008: Stephany Lavallee, Mark Mitch and Martha Sunderland. Martha will post a notice.

Holly Green made a motion to extend the meeting from 9 p.m. in order to discuss the remaining agenda items, the motion was seconded by Stephany Lavallee and carried.

5. Report on Water Resources Subcommittee Meeting of September 15, 2008
Holly reported that the subcommittee continues to work on the Town’s water resources management plan.

A shoreland protection workshop will be planned for sometime in November (possibly Thursday, November 13th). Denise volunteered to coordinate a mailing to invite all shoreland owners, and an article should be submitted to the local paper and Outlook by October 1.

6. Status of Grant Application to Central N.H. Regional Planning Commission
Holly shared copies of the submission letter she sent to the Regional Planning Commission, and she invited further ideas and comments from the Commission members, which may be discussed at its October 1st meeting.

7. Work Study Student
The idea of employing a motivated student for a work-study project was sparked by correspondence sent from a college instructor to the Town Administrator, and.
the Conservation Commission hopes to engage a student to help prepare for the comprehensive shoreland protection workshop. Approval of the Selectmen will be sought first. Mark Mitch will investigate funding by New England College.

8. Other Business
No distinct subjects were brought forward for discussion.

Adjournment
Stephany Lavallee made a motion to adjourn the meeting, the motion was seconded by Terry Stamps, and carried unanimously.

Meeting adjourned at: 9:18 p.m.
Minutes submitted by: Sheila Mitchell, Recording Secretary
Minutes approved: October 1, 2008

Henniker Conservation Commission Meeting

October 1, 2008

Grange Hall

Approved Meeting Minutes

Members Present: Holly Green, Stephany Lavallee, Mark Mitch, Martha Sunderland,
Bob Stamps, and Terry Stamps

Members Absent: Denise Rico and Thomas Watman

Others Present: Jennifer McCourt, Project Engineer, Wayne Patenaude of Mink Hills Land LLC, Peter Schauer (Schauer Environmental Consultants), Barbara Beers,
and Recording Secretary Sheila Mitchell

Call to Order: Chair Holly Green called the meeting to order at 7:04 p.m.

1. Planning Board Excavation Application

Case No. 2008-011, Map 1, Lots 44 and 99 (N.H. Route 114)

and Minimum Impact Expedited Wetlands Permit Application

Jennifer McCourt presented plans of October 1, 2008 for review by the Commission.
She explained the location and plans for use of Lot 99 for excavation and Lot 44 for access from Lot 99 to N.H. Route 114. She went over details for the planned access road and culverts. The contour of the land and an elevation plan were discussed.

No water pumping should be required; rocks will be stockpiled on site for reclamation; and a sedimentation pond is planned (near the stockpiles) which should mitigate impact on wetlands and bodies of water.

Questions had previously arisen from the narrative description concerning excavation below the seasonal high water table and underneath ledge. Jennifer said State regulations require description of the procedure and location. The pertinent Henniker ordinance, she reported, has not been updated since 1989. Holly read aloud a memo that requested a waiver of Section 201.5 and reviewed that section aloud as well.

Martha Sunderland asked about possible groundwater contamination. Jennifer replied that plans are to excavate at surface water level only, and there should not be any need for drilling and pumping to groundwater depth. Additionally there are no plans to introduce new substances into the excavation process that could be pollutants, nor is there a plan to store fuel on the excavation lot. Martha asked when Jennifer planned to submit an application for a wetland permit, and she replied that she planned to apply in time for the Planning Board meeting on October 8. After that, it is expected to be available for review by the Conservation Commission.

The plan and narrative for site reclamation were then presented and reviewed.

The Conservation Commission decided to reserve comment until after the wetland permit had been filed and a site walk could be accomplished, and Holly said she would communicate that in a letter to the Planning Board.

2. Review and Approve Minutes of September 17, 2008

The Commission Members offered corrections to the draft minutes and the Recording Secretary took note of the corrections.

Mark Mitch made a motion to approve the minutes as corrected, the motion was seconded by Terry Stamps and carried. Bob Stamps abstained from voting because he had been absent on September 17^th in order to attend another meeting.

Chair Holly Green added this item to the agenda for brief discussion. From now on, instead of being sent to Holly first for review, draft minutes will be e-mailed from the Recording Secretary directly to the Commission Members, plus three individuals at Town Hall: Town Administrator Peter Flynn, Planning Consultant Laura Scott, and Land Use Coordinator Nicole Gage. After distribution and posting, the Chair will be responsible for correcting and re-posting the draft minutes if necessary, and it was agreed that members will review and suggest edits to the minutes prior to the next meeting. This should streamline the posting process plus eliminate the need to bring several paper copies to the next meeting. However, the Recording Secretary will provide one printed copy at the next meeting, in case it’s needed for review and correction.

A. Notice of Intent to Cut Wood or Timber, received September 19, 2008
Map 1, Lot 77-X
Hemlock Corner and Ray Road

Martha will prepare a letter to send from the Conservation Commission to the logger or forester including information on the Shoreland Protection Act.

This was passed around and notations were made by Commission Members, including an update for a member who had resigned.

Holly shared a letter from Laura Scott, stating that Henniker had been granted an award for the Community Profile project by the University of New Hampshire’s Cooperative Extension and reported that a steering committee is being formed to work with UNH on the project.

The Conservation Commission has been invited to appoint a representative.
Bob Stamps said the project is expected to be comparable to the master plan for the Town of Henniker, and it will be important to have a representative on the steering committee to advocate for preservation of the town’s rural character and controlled development.

Stephany Lavallee and Martha Sunderland each expressed an interest in representing the Commission. There will be an informational meeting at Town Hall on Monday, October 20, at 6:30 p.m. Bob suggested that they both attend the informational meeting to ascertain more details, to which they agreed.
After that, a representative for the Commission will be appointed.

D. Excavation Application Case No. 2008-001
Map Lot 1, Lot 552-A (1236 Old Concord Road)

E. Notice of Administrative Completeness from NHDES, dated September 24, 2008,
for Minimum Impact Expedited Wetlands Application, Wetlands File No. 2008-02029, Ralene St. Pierre, Henniker Tax Map 1, Lots 10 and 68 (N.H. Route 114)

This application was presented by Aaron Wechsler to the Commission at its meeting on September 17, 2008.

F. Completed Forestry Notification from NHDES, dated September 19, 2008,
for Laurie and Pamela Grob, Henniker Tax Map 1, Lot 277-C

G. Incomplete Trails Notification, dated September 16, 2008, for application by Bound Tree ATV Club of Contoocook, Wetlands Bureau File No. 2008-01850, missing information

Mark Mitch asked for more copies to store in the filing cabinet and Holly said she would get them. Martha Sunderland suggested enclosing brochures in comment letters that are sometimes sent to permit applicants.

Denise was attending the Forest Society meeting, scheduled concurrently, and Bob commented that a good turnout was expected.

Holly reported on a recent meeting with John Liptak of the NHDES and the owners of shoreland property on Lot 349-E. The next step after the meeting will be to confirm there is no contamination. The extent and method of testing were discussed at the meeting with Mr. Liptak. The additional assessment will cost money. However, the Commission does not plan to expend any further funds for this purpose. The problem must be addressed if the land is sold.

A letter regarding liability needs to be obtained and the Conservation Commission will ask town counsel if they might release report information.

The members agreed to continue the meeting beyond 9:10 p.m. to 9:30 p.m. Holly Green made the motion and Bob Stamps seconded it.

Holly Green signed the deed. Peter Flynn sent it to Fiver Rivers Conservation Trust. The baseline document is in process, and Chuck Knox of Five Rivers promised to let Holly know when it is ready.

Martha Sunderland did a site walk alone. She took no minutes. However, she did take photographs, and she shared those with the Commission. These showed erosion and silt deposits along a stone wall at the base of the hill. The source of one erosion channel appears to be one new home on Craney Hill Road. More building lots exist in the same area. Five Rivers has asked that something be done by the Conservation Commission to correct the situation before further lot clearing takes place.

It was agreed that a letter will be sent to the homeowner and another to the builder.
The Commission authorized Martha to draft a letter to the homeowner and builder on their behalf, and in the letter Martha plans to include some education information and suggestions about erosion control.

The presentation is planned for November 13, 2008 at 6:30 p.m. at the Community Center. Mark Mitch will plan to bring a projection screen.

Mark reported that he is serving on the Town’s Energy Committee and they have come up with a plan for more energy efficient lighting which is expected to save approximately $3,000 in annual cost for electricity.

Mark inquired if water sampling is still planned for this weekend. Those present were not certain of Denise Rico’s plans but Mark suggested postponing the water sampling.

Mark Mitch made a motion to adjourn the meeting, the motion was seconded by Bob Stamps, and carried unanimously. The meeting was adjourned at 9:35 p.m.

Henniker Conservation Commission Meeting

October 14, 2008

Town Hall

Approved Meeting Minutes

Members Present: Holly Green, Stephany Lavallee, Mark Mitch, Denise Rico,
Martha Sunderland, Thomas Watman

Members Absent: Bob Stamps and Terry Stamps

Others Present: Jennifer McCourt, Project Engineer, Wayne Patenaude of Mink Hills
Land LLC, Rick Patenaude, and Recording Secretary Sheila Mitchell

Call to Order: Chair Holly Green called the meeting to order at 7:10 p.m.

1. Minimum Impact Expedited Wetlands Permit Application

Case No. 2008-011, Map 1, Lots 44 and 99 (N.H. Route 114)

Project Engineer Jennifer McCourt presented enhanced plans for extending the length of the access road to Lot 99, widening the road to 16 feet, restoring and expanding the supporting culvert from its current width of 10 feet, and installing erosion control measures.

Plans will include carving out and reshaping the water channel and stabilizing it with stone, installing a headwall upstream, and installing mulch berms (as opposed to silt fence) to control erosion.

The road and culvert plans would impact wetlands alongside the road and at the stream crossing. The road widening would have to take place on the wetlands side of the road, as the other side is made up of rocks. According to the Project Engineer, once the road is widened it should be enough to accommodate forecasted daily truckloads.

The Commission members scheduled a site visit for Friday, October 17, at 4 p.m. There is minimal parking on the site, so they agreed to park on the shoulder of Route 114. Holly Green said she would be sure to post public notices of the location, date and time.

Once the site visit has been completed, the Commission will plan to send a letter of review to the NH Department of Environmental Services. The members had no further requests or comments for the Project Engineer, and the appointment was concluded with thanks after about 15 minutes.

2. Chase Brook Baseline Documentation Report

The documentation report has been completed so that the parties may agree to a baseline of conditions at the same time that the deed is accepted. The Chair explained that the Conservation Commission has been asked to review the report and vote to approve or not approve it.

Martha Sunderland noticed that the soils map did not display a source or date. Holly Green said she would ask Five Rivers Conservation Trust to note the source and date on the soil map. That being the only comment to forward, the Chair called for a vote to approve the report.

Martha Sunderland made a motion to accept the Baseline Documentation Report for the Chase Brook Conservation Easement as written, except for addition of a source reference and date for the Soils Map. Stephany Lavallee seconded the motion, and it carried with all in favor.

Holly Green will sign a form to indicate acceptance of the report on behalf of the Conservation Commission, and then she will forward it to the Town Administrator for review by the Board of Selectmen.

The Commission discussed alternative methods for addressing possible ground contamination at this site. Holly said that a representative from DES has asked the Conservation Commission to authorize the consultant to forward to them an official report of testing to date.

A motion was made by Thomas Watman for Holly Green to contact Town Counsel for advice; then proceed, if so advised by Counsel, to authorize Peter Frank of Geo Insight to send an official copy of the environmental site assessment report for Lot 349-E to the attention of Brett Rand at the New Hampshire Department of Environmental Services. Mark Mitch seconded the motion and it carried with all in favor.

The Water Resources Subcommittee has received a reminder from the Central New Hampshire Regional Planning Commission that, if it wants to submit an application to the NH DES for a water source protection grant, the application deadline is November 1^st.

After a brief discussion of whether the Conservation Commission should complete an application for this grant, Holly Green said she would ask the Central New Hampshire Regional Planning Commission if the cost of printing water resource maps would be covered by the Regional Environmental Planning Program (REPP) grant. If such costs would not be covered by the REPP grant, then the Water Resources Subcommittee will fill out an application for the DES Source Water Protection Grant to cover the cost of printing color maps of water resources.

5. Mailing to Shorefront Property Owners
Announcing Shoreland Protection Act Workshop

Denise is compiling a list of owners of shorefront property; that is, property that is within 250 feet from shores on rivers or lakes. The mailing list is estimated to include between 160 and 200 households. The list should be finalized soon, and then Denise plans to request assistance to put together the packets, which will include new brochures about the Shoreland Protection Act from NHDES. Holly said she would obtain enough brochures. She also plans to compose the text of the announcement.

A motion was made by Stephany Lavallee to authorize Denise Rico to expend funds for mailing a notice about the Shoreland Protection Act Workshop to owners of shorefront property in Henniker; the motion was seconded by Thomas Watman and carried.

The Commission members then discussed ideas for other means of publicity, possibly including: The Villager, The Messenger, the community calendar section of the Concord Monitor, the newsletter for the Conservation Commission Association, and the Conservation Commission page on the Town website. Public notices also should be posted at Town Hall, the Post Office, the Library and the Henniker Pharmacy.

At the discretion of the Chair, review of minutes from the regular meeting of the Conservation Commission on October 1, 2008 was tabled until the next meeting.

Holly pointed out that there are 3 vacancies for alternate members on the Conservation Commission. She said she would ask the Town Administrator to advertise for volunteers.

A. Notice from the New Hampshire Association of Conservation Commissions about its meeting on November 1, 2008.

B. Notice from the N.H. Department of Environmental Services regarding a public hearing on New Hampshire Guidelines for Coordinated Lake Management and Shoreland Protection Plans on October 21, 2008, from 7:00 to 9:00 p.m., in Strafford, N.H.

Stephany Lavallee made a motion to adjourn the meeting; the motion was seconded by Mark Mitch and carried unanimously. The meeting was adjourned at 8:40 p.m.

Henniker Conservation Commission
Minutes of Special Meeting
October 17, 2008 – 4:00 p.m. – Rt. 114 access to lot 44

Members Present: Mark Mitch, Stephany Lavallee, Martha Sunderland,

Public Present: Jen McCourt

The purpose of this meeting was to conduct a site visit in regards to a wetlands permit for lot 44 situated off Rt. 114.

The group walked along the existing access road and viewed the site of a proposed small dredge and fill to the West of the road and the site of the proposed relocation of the stream crossing further in.

Those present had no objections to either proposed wetlands disturbance as described in the application and viewed on the ground.

Meeting adjourned at 4:30 p.m.
Minutes submitted by: Martha Sunderland
Minutes approved:

Henniker Conservation Commission Meeting

November 5, 2008

Grange Hall

Approved Meeting Minutes

Members Present: Chair Holly Green, Stephany Lavallee, Mark Mitch, Denise Rico,
Bob Stamps, Terry Stamps, Martha Sunderland, Thomas Watman

Call to Order: Chair Holly Green called the meeting to order at 7:05 p.m.

1. Minutes for Meetings of 10/01/08 and 10/14/08

The consensus was to table review of the minutes until the next regular meeting.

2. Map 1, Lots 44 and 99:

a) Planning Board Excavation Application, Case No. 2008-011

b) Zoning Board Request for Special Exception, Case No. 2008-109

c) DES Alteration of Terrain Permit Application

d) DES Wetlands Permit Application

Mark Mitch reported on the site walk that took place on Friday, October 17, 2008, with Stephany Lavallee, Mark Mitch, Martha Sunderland, and Project Engineer Jennifer McCourt. They first viewed the area of the new proposed stream crossing. Mark said that plans are to move the crossing several feet to the west and downstream of the current site, plus divert the direction of the flow of water with a culvert so that the flow is changed from across the road to underneath the road. The result should be a smaller wetlands impact. Stephany said the structural material at the existing crossing was old and appeared to have been sinking. Development plans reportedly call for those structural vestiges to be removed.

Mark reported that the Commission members who went on the site walk had no further comments and found the proposed plans reasonable. As far as is possible to determine at this point, the road should be able to accommodate the proposed traffic load of 100 trips per day.

Martha Sunderland had taken minutes on the site walk and said she had sent the minutes by e-mail to Holly. Holly did not recall receiving them, so Martha said she would e-mail them to her again. Holly estimated that the Conservation Commission will have until November 20 to submit its comments to the N.H. Department of Environmental Services.

Holly said she would plan to review the site walk minutes, then make sure a letter is submitted to the Wetlands Bureau of DES to record the Conservation Commission’s opinion that best management practices for erosion control are being followed.

Holly shared the latest maps, plans, photographs and comments, and went over the various applications with the members. As maps were being reviewed, Mark explained details from his memory of the site walk. Additionally, Holly shared a copy of a memo from Planning Consultant Laura Scott to the applicant, stating that they should appear before the Zoning Board of Adjustment to request a special exception for the access lot. The applicant is appealing the presumed necessity for an exception.

The discussion revealed a lack of a copy of the Alteration of Terrain Permit Application. Holly said she would request a copy of the permit application so the Commission could review it, and that she would also request more time for the Commission to comment on that permit application.

The members reviewed a copy of the after-the-fact application required to change the driveway on the property from forest use to residential use in order to allow single-point access from the roadway to the subdivided, buildable lots. The culverts were first installed in the 1970s, and it was agreed from site-walk observation (on August 26^th) that the culverts as installed are satisfactory. Wetlands mitigation will not be required. Holly will send a letter to the Wetlands Bureau of DES.

The members discussed aspects of the proposed budget, including public awareness, training, association fees, office supplies, signs (e.g., protected river), lake monitoring, and the new item of minute taking. They agreed by consensus to submit the budget as proposed. Martha agreed to present it at an appointment on Saturday, November 15^th.

Copy of Notice of Intent to Cut Wood or Timber for logging on a Class V road,
to begin on October 16, 2008. The Conservation Commission reviewed and discerned potential impact to brook and vernal pools that include black gum trees. Concerns were raised about trucking on Craney Pond Road if it is flooded, possibly causing damage to the road and impact to adjacent wetlands. The Commission intends to send a letter to the logger and include a shoreland protection brochure.

Copy of Notice of Intent to Cut Wood or Timber. Conservation Commission intends to send a letter to the forester and include a shoreland protection brochure.

The workshop is to take place next Thursday, November 13, at 6:30 p.m. in the Henniker Community Center. A mailing has been sent, an announcement has been placed in Outlook, the workshop schedule is posted on the website for DES. Holly will submit an item for the community calendar section of the Concord Monitor.

Terry suggested use of an evaluation form. Holly will ask the DES if they have them.

Martha will pick up refreshments. Mark will plan to bring a projection screen for the PowerPoint presentation, pick up a key from Town Hall, and plan to arrive at around 6:00 p.m. to begin setting up the room.

Denise Rico reported that the Open Space Subcommittee met the previous Monday and discussed follow-up to the public meeting with the Forest Society, and Bob said they plan to send out a letter to assess interest.

Additionally, the Subcommittee voted to recommend that the Conservation Commission work with the Town of Henniker to approve a conservation easement for Lot 98, a town-owned parcel. If there is a sale or purchase, a public hearing will be required. A third party will be needed to hold the easement. Martha recommended that the deed be written in such a way that the Selectmen would have authority to approve expenditure of conservation funds if necessary.

Stephany Lavallee made a motion to authorize Denise Rico to contact the Town Attorney, through the Town Administrator, requesting the Attorney draft a proposed warrant article for the 2009 Town Meeting that would establish a conservation easement for the property in question. The motion was seconded by Bob Stamps and carried with all in favor.

The Chair suggested discussing further details of a proposed warrant article at the Conservation Commission’s next regular meeting on November 19, 2008. Warrant article petitions will be reviewed by the Selectmen during the first week of December.

Stephany Lavallee reported on the orientation meeting she attended regarding the Community Profile Project for Henniker, sponsored by the University of New Hampshire Cooperative Extension. There was a 10-minute video, including footage from the Henniker Community Profile project in 1998. The profile event will take place on a Friday evening plus most of the day Saturday. It will cover community issues and concerns. One outcome might be an update of the Town’s Master Plan. One change to the steering committee was that it would not be limited to two at-large members if more were interested.

The first meeting of the steering committee will be at 6:30 p.m. next Monday evening, November 10, at the Grange. Since Stephany will be unable to go to that meeting, Martha said she would plan to attend.

Holly reported that work continues on a new water resources management plan and that she has distributed planning guidelines suggested by the N.H. Office of Energy and Planning to Subcommittee members. The current management plan was adopted by the Planning Board in 1989.

Holly met with Matt Monahan from the Regional Planning Commission, and his audit of Henniker’s ordinances was discussed. He recommended that a wetland setback buffer ordinance be adopted. Holly will bring his recommendation to the Water Resources Subcommittee, along with DES’s adopted Innovative Land Use Planning Techniques handbook.

The baseline document report was signed by Holly, and forwarded to the Town Administrator, then sent on to the Chair of the Five Rivers Conservation Trust Board.
An issue has arisen regarding signatures, which is being resolved by attorneys.

Mark reported that, contrary to previous understanding, there is not an actual work-study student ready to take on the role for a Conservation Commission project. The college will let him know if someone does apply.

Stephany asked if a copy could be ordered for the Conservation Commission.
It was agreed that Holly would contact Nicole Gage to request a copy for the Conservation Commission when the Town places its order for next year.

Mark Mitch made a motion to adjourn the meeting, the motion was seconded by Bob Stamps and carried unanimously. The meeting was adjourned at 9:15 p.m.

Town of Henniker

Conservation Commission Meeting

Wednesday - November 19, 2008

Grange Hall

Approved Meeting Minutes

Members Present: Chair Holly Green, Stephany Lavallee, Mark Mitch, Denise Rico,
Terry Stamps, Martha Sunderland, Thomas Watman

Member Absent: Bob Stamps

Guest Present: Barbara Beers

Call to Order: Chair Holly Green called the meeting to order at 7:05 p.m.

1. Review and Approval of Minutes for Meetings of 10/01/08, 10/14/08, and 11/05/08

The meeting minutes of October 1, 2008 were reviewed, and corrections were noted by the Recording Secretary. Terry Stamps made a motion to approve the minutes of October 1^st as amended, Stephany Lavallee seconded the motion, and it carried.

The meeting minutes of October 14, 2008 were reviewed and corrections were noted. Terry Stamps made a motion to approve the October 14^th minutes as amended, the motion was seconded by Mark Mitch, and carried.

The meeting minutes of November 5, 2008 were reviewed and corrections were noted. Terry Stamps made a motion to approve the November 5^th minutes as amended, the motion was seconded by Mark Mitch, and carried.

Review of the minutes for these three previous meetings took almost an hour. It was suggested that a different review method might be adopted to make more efficient use of meeting time. Holly Green said she would ask advice from the Town Administrator and report back to the Commission.

2. Warrant Articles

A. Conservation Land Expenditures (RSA 36-A)

Holly read the following language, recommended by the New Hampshire Association of Conservation Commissions:

"Shall the town vote to adopt the provisions of RSA 36-A:4-a, I(b) to authorize the conservation commission to expend funds for contributions to 'qualified organizations' for the purchase of property interests, or facilitating transactions related thereto, where the property interest is to be held by the qualified organization and the town will retain no interest in the property?"

The Commission members agreed to propose this as a warrant article.
Mark Mitch noted it would be discussed on the floor.

Holly Green made a motion to recommend to the Board of Selectmen that the above wording be put on the 2009 warrant article, the motion was seconded by Stephany Lavallee, and it carried with all in favor.

Denise Rico mentioned a town-owned property being recommended for a conservation easement by the Open Space Subcommittee. She read aloud some proposed wording provided by Town Attorney Bart Mayer. Denise suggested the Subcommittee might draft a combined proposal for an easement on that property together with two other town-owned parcels in the same area. Mark Mitch agreed that it would be beneficial to propose all three easements in one article, and he suggested it be made clear that the Conservation Commission would be spending existing conservation funds. Martha Sunderland recommended that the Subcommittee draft a cohesive plan for all three properties, which would demonstrate the benefits to the Town of Henniker.

Martha Sunderland made a motion to authorize Denise Rico to submit a warrant article to the Board of Selectmen to authorize conservation easements on the following three town-owned properties on Map 1: Lots 47, 50 and 98. The motion was seconded by Thomas Watman and carried with all in favor.

Holly brought this forward for possible consideration, at the suggestion of Laura Scott, Town Planning Consultant. Such an article would allow a tax break for farm structures that meet certain qualifications. Holly suggested, and the members agreed, that it did not come under the realm of natural resources, and that the Conservation Commission should not propose it as a warrant article.

A. DES Alteration of Terrain Permit Application
Including Storm Water Management Report and Earth Moving Plans
Excavation Application Case No. 2008-011

Holly said she believes there is still time for comments to be submitted to the N.H. Department of Environmental Services (DES) regarding this permit application.

A memo, dated October 22, 2008, from Planning Consultant Laura Scott to Mink Hills Land, LLC was reviewed.

The members also looked at a letter, dated November 11, 2008, that had been prepared by Michael Vignale of the consulting engineering firm of KV Partners LLC for the Planning Board. The letter was reviewed, and the Conservation Commission members were in general agreement with the letter, making particular note of the comments made by Mr. Vignale regarding the seasonal high water table – an issue which the Conservation Commission had previously noted.

Regarding excavation impact, Mr. Vignale noted that the plans as prepared by the project engineer “depict details for excavation and reclamation for Phase 1 only but show a Phase 2 earth moving area. If Phase 2 is to be part of this application, additional details for reclamation, drainage and access must be shown on the plans as required for Phase 1.”

In addition, the consulting engineer suggested revisions of plans regarding several aspects of drainage, specifically expressing concerns about inadequate plans for measures to control run-off of storm water onto the abutting property.

Martha said she thought that a careful review of this application would require more time than was available in the meeting. She suggested appointing an individual member to review the application materials, and hopefully compare this application with other applications, then report back to the Commission.
The Conservation Commission had previously reviewed the wetlands permit application and not submitted any comments. Mark agreed to look over the material and let the members know if he thought comments should be submitted either to DES or to the Henniker Planning Board, or both.

At the end of the meeting, Chair Holly Green returned to this agenda item and shared with the members the following mail:

· Complete Forestry Notification
from DES Wetlands Bureau - DES File No. 2008-02404
Map 1, Lot 659 and Lot 741

· Notice of Administrative Completeness
Standard Dredge and Fill Application
from DES Wetlands Bureau - DES File No. 2008-02371
Map 1, Lot 351

On November 15^th, Martha met with the Board of Selectmen and submitted a proposed Conservation Commission budget for 2009. Martha said the Selectmen did not offer any comments about the proposed budget.

The members reviewed a November 3^rd letter from Town Attorney Bart Mayer to Jared Nyland of Five Rivers Conservation Trust, acknowledging that the Town of Henniker has the authority to grant a conservation easement for Lot 583 to them, and hoping that this will make it possible for Five Rivers Conservation Trust to complete the transaction.

Holly reported that the Town Attorney believes the Conservation Commission has satisfied its duty to report conditions on the property by virtue of the fact that its Chair, Holly, met with John Liptak, a representative of the Department of Environmental Services, to discuss the matter.

7. Report on Water Resources Subcommittee Meeting
and Regional Environmental Planning Program Grant Update

The Subcommittee met on November 17^th to discuss recommendations regarding wetland setbacks and buffers that were made by Matt Monahan of the Regional Planning Commission. They are in the process of surveying how other towns in the region might have included these in their ordinances.

The Shoreland Protection Workshop that was presented by Arlene Allen of the DES
took place at the Henniker Community Center on November 13, 2008. There were 31 attendees, including 4 Conservation Commission members. The participants were quite engaged and raised specific questions. Ms. Allen handed out tree measuring tools at the workshop.

Mark Mitch made a motion to adjourn the meeting, the motion was seconded by Stephany Lavallee and carried unanimously. The meeting was adjourned at 9:15 p.m.

Town of Henniker
Conservation Commission Meeting

Wednesday - December 3, 2008

Grange Hall

Approved Meeting Minutes

Members Present: Chair Holly Green, Stephany Lavallee, Mark Mitch, Bob Stamps,
Terry Stamps, Martha Sunderland, Thomas Watman

Member Absent: Denise Rico

Call to Order: Chair Holly Green called the meeting to order at 7:08 p.m.

1. Review and Approval of November 19, 2008 Meeting Minutes

The minutes were reviewed and the Recording Secretary made notes of the corrections.

Mark Mitch made a motion to accept the minutes as amended. Terry Stamps seconded the motion and it carried. Bob Stamps abstained because he had been absent to attend a different meeting.

2. Appointment with Barbara Beers to discuss Potential Ecological Projects
for John Stark Regional High School Students

The Chair explained that the appointment with Barbara Beers had been postponed until the next regular meeting on December 17, 2008.

3. Update on Chase Brook Conservation Easement

Martha Sunderland presented a brief report on progress toward completion of the easement deed. A ~~Declaration of Consideration~~ real estate document that allows the Trust to obtain a tax credit for transfer of real estate has to be completed and signed by Henniker’s Town Administrator, Peter Flynn, then forwarded to the Board of the Five Rivers Conservation Trust. At that point, it is expected that the trust’s board will approve the document, file it with the Registrar of Deeds, and complete the transaction. ~~with payment~~.

Discussion turned to progress on a request made by Five Rivers Conservation Trust for the Henniker Conservation Commission to take steps to correct evident water erosion in the area, apparently running from residential lots located uphill on Craney Hill Road toward a stone wall at the base of the hill. In October, the Conservation Commission sent a letter to the builder/developer and to one homeowner that included educational information and suggestions about erosion control.

In September, Martha Sunderland had taken a site walk in the area by herself, and she took photographs that she shared with Commission members at the October 1^st meeting. An additional report of water runoff has been received recently, and the Commissioners agreed that another site walk is called for at this time. Martha Sunderland and Mark Mitch arranged to meet each other and the homeowner’s designated representative,
a forester named Sean Hathaway, to take another walk in the area Sunday, December 7, 2008.

4. Report on 12/1/08 Open Space Subcommittee Meeting

Bob Stamps and Holly Green reported on the meeting of the Open Space Subcommittee. They said that the Subcommittee members voted unanimously at their December 1^st meeting not to recommend placing an easement on three town-owned parcels. After the vote, Holly Green asked Peter Flynn about withdrawing the proposed warrant article.

Several Conservation Commission members agreed that it would ~~save money for the town in the coming year if the warrant article were not proposed~~ be unwise to propose this in such a fiscally challenging time. Some remarked that the language would have to have been explained.

Bob Stamps made a motion that the Conservation Commission withdraw its proposed warrant article to place conservation easements on three town-owned parcels. The motion was seconded by Thomas Watman and it passed unanimously.

Bob also said the Subcommittee planned to have meetings for property owners in the Quaker district of Henniker sometime in the spring to encourage consideration of conservation easements.

5. Warrant Article for Conservation Land Expenditures (RSA 36-A)

Martha Sunderland said the proposed warrant article regarding conservation land expenditures is being generated by the State and therefore should have more momentum and justification. Tom Watman said other towns will be proposing similar articles, but an explanation of the language and what the article will do will be needed at the Town Meeting. Martha remarked that it is simpler than it appears. Holly Green said she had heard some towns planned to stick to the language recommended by the Association of Conservation Commissions (as Henniker’s Conservation Commission decided to do), while others planned to modify it.

6. DES Alteration of Terrain Permit Application
Including Storm Water Management Report and Earth Moving Plans

For Tax Map 1, Lot 44 and Lot 99 (N.H. Route 114)

Mark Mitch reviewed the most recent set of plans and proceeded to highlighted portions of it for the Commissioners. Discussion began about a waiver that has been submitted by the project engineer to excavate below the level of a seasonal high water table.
The waiver application is to be reviewed by Henniker’s Planning Board at its December 10^th meeting. The Conservation Commission decided to request a copy of the waiver application, which it has not yet seen. It also decided to send a memo to the Planning Board to say that clarification is needed regarding excavation plans at or below the seasonal high water table, and clarification is also needed about the rationale for requesting the waiver. Holly Green planned to compose the memo and took suggestions for wording from the members.

Bob Stamps suggested she include a statement about why it is important to know more about this proposed excavation before a waiver is granted, and what might happen to the terrain if excavation below the water table were permitted. Terry Stamps asked if the Conservation Commission would be asking the Planning Board to delay approval of the waiver until its comments could be received.

Stephany Lavallee suggested that a consultant with expertise in water engineering might be contacted for review of the plans and waiver request.

It was decided to ask the Planning Board not to approve the waiver until the Conservation Commission can review the waiver application in more detail. Martha Sunderland suggested that the correspondence to the Planning Board include a listing of which documents the Conservation Commission has reviewed, and the dates for each document.

Mark Mitch opened up the latest plans that had been received by the Commission, and he pointed out the point of access to the property, the location of the culvert and stream crossing, locations of wetlands, the location of the sedimentation pond that will collect ground and surface water, the general plans for excavation, the topography and slope of the land, and ridges to be installed to slow the flow of storm water. He also went over the reclamation plan with final terrain layout.

The current plans seem to cover Phase 1 of excavation. However, Commission members did not think that excavation plans for Phase 2 were apparent at this time. It was suggested that perhaps the project engineer might submit more details about Phase 2 at a later date.

Mark then went over the written report of the storm water management plan. Without getting too technical, he explained how the report calculates the flow pattern and volume of storm water runoff from the hillsides and identifies water collection areas. He said a computer model was used, based upon a 10-year rain event. The report included pre- and post-excavation data. Mark said the scope of the plan is large enough to cross parcel boundaries, takes into account the topography and slope grades, and concentrates its calculations on certain study areas. He said the conclusion of the report is that the planned alteration of terrain by excavation should not significantly increase water runoff.

Mark’s assessment was, in light of the work that’s being proposed, and in order to be in compliance with applicable regulations, this storm water management plan seemed to be reasonable.

7. A. Incoming Mail for Possible Action

Complete Forestry Notification - Map 1, Lot 736
DES Wetlands Bureau File No. 2008-02444:

Mark said the field visit that was considered at the Commission’s prior meeting has not yet been done.

Complete Forestry Notification - Map 1, Lot 77X:

DES Wetlands Bureau File No. 2008-02464:

Previously, the Conservation Commission sent a letter to the owner and forester and enclosed a shoreland protection brochure. Now, Holly said, the Commission has received a copy of a strongly worded Letter of Deficiency from the DES Wetlands Bureau to the property owners. Among other things, the letter cited work begun before paperwork had been filed, deficient stream crossings, needs to shore up wetland banks, misplacement of boulders, etc. The DES said a restoration plan will be required (to be certified by a wetlands scientist), and corrective action must be taken by December 18, 2008, or civil penalties might be assessed.

Intent to Cut - Map 1, Lot 335:

This is a 33-acre lot near Old Hillsborough Road, and a notification of intent to cut 33 acres has been filed. The Conservation Commission reviewed details of the notification and had no issues or comments.

Intent to Cut - Map 1, Lot 631:

This notification of intent to cut 10 acres of timber on a parcel near Baker Road lacked some planning details. Members of the Conservation Commission are aware of a large wetland in that vicinity. However, the notification did not detail or display a particular logging area, nor did it mention how close the cutting might come to the wetland, and details about planned landings or skid roads were not included.
The Conservation Commission decided to send a letter with comments about the missing information.

B. Other Mail

Letter from Conservation Commission to DES Wetlands Bureau
Re. DES Wetlands Bureau File No. 2008-02371
Map 1, Lot 351 - A&C Forest Products:

Holly said a letter has been received from the DES Wetlands Bureau to the Conservation Commission, acknowledging receipt of the Commission’s report.

Appointment with Henniker Budget Advisory Committee

Regarding Proposed Conservation Commission Budget for 2009
January 13, 2009 - 6:40 pm.

The Conservation Commission has been given an appointment with the Budget Advisory Committee to defend its proposed budget for next year. Martha Sunderland will plan to represent the Commission, as she did at the initial presentation to the Board of Selectmen.

8. Revised Intent to Cut/Forestry Notification Letter

Holly Green intends to revise the standard letter sent by the Conservation Commission that will address exemptions to the Shoreland Protection Act. She said she would prepare something to show the Commission members at the next meeting.

Holly Green moved to extend the meeting time by 5 minutes, Bob Stamps seconded the motion, and it was agreed to by consensus.

9. Town Office Assistance

Holly asked Terry Stamps to explain a suggestion she had made to seek assistance from a member of the Town Office staff to make copies of documents before Commission meetings. Peter Flynn had been approached about it, and he said it would be all right to ask Nicole Gage if she would be available to prepare copies for meetings.

Terry said that one member of the Commission should come to the office to explain what would be needed and remain nearby in case questions arose. Martha Sunderland suggested it could be the person who picks up the Commission’s mail from the office.
It was agreed that the best day for this errand would probably be the Thursday or Friday before the next scheduled meeting. Also, it was deemed fairer if this responsibility were to be shared among the members. Mark Mitch suggested the person could be assigned at the end of each meeting. Stephany Lavallee agreed to go to the office for mail and copying before the next meeting on December 17^th.

In addition, the Commission briefly discussed proper procedure in the event the Conservation Commission would like to request assistance from Planning Consultant Laura Scott. It was agreed that requests should be submitted via the Town Administrator and Board of Selectmen.

10. Other Business

Holly Green invited members to bring up other items of business.

Mark Mitch had two items. The first, as a result of his participation on the Energy Committee, was a question about whether Henniker’s town codes reference alternative energy. The answer regarding town codes was not certain. However, Bob Stamps said he believes Henniker does offer tax credits for certain types of indoor heating units.

Mark’s second item was an open question of whether or not there might be interest in town to establish a community garden. Several members enthusiastically received this idea. Martha Sunderland thought it might be coordinated with the weekly farmer’s market. Terry Stamps said it might have a positive social impact. Stephany Lavallee wanted to get it going right away.

Adjournment

At 9:17 p.m., Bob Stamps moved to adjourn the meeting, Thomas Watman seconded the motion, and it carried unanimously.

Meeting Minutes Approved January 21, 2009

and Respectfully Submitted January 23, 2009

By Recording Secretary Sheila Mitchell

Town of Henniker
Conservation Commission Meeting

Wednesday - December 17, 2008

Grange Hall

Approved Meeting Minutes

Members Present: Chair Holly Green, Stephany Lavallee, Mark Mitch, Denise Rico,
Martha Sunderland, Thomas Watman

Member Absent: Bob Stamps, Terry Stamps

Guests Present: Jennifer McCourt, Rodney Patenaude, Barbara Beers

Call to Order: Chair Holly Green called the meeting to order at 7:08 p.m. and re-ordered the agenda to begin an appointment with Jennifer McCourt, the Project Engineer for Mink Hills Land.

1. Planning Board Application for Lots 44 and 99 (NH Route 114)
Including Request for Waiver from Excavation Requirements,
Revised Earth Moving Plans, Stormwater Management Report, and
12/10/08 Letter to NHDES re Alteration of Terrain Application No. 081020-01

The Chairman invited Jennifer McCourt to present the latest excavation and earth moving plans. She pointed out the now-labeled construction entrance from Route 114 to Lot 44, and the continued drive to Lot 99. She highlighted the areas that were zoned residential and medium commercial, and pointed out that the excavation area is planned within a medium commercial zone.

Regarding the request for a waiver from statutory requirements not to excavate within four feet of ledge, State regulations (according to RSA 155) allow it if the Town makes provision for it. Martha Sunderland read aloud from RSA 155 and Town Ordinances 201.5-F and 201.8-G. Mark Mitch explained how the regulations are intended to protect water quality. Jennifer stated that the ledge on the property is neither near a known aquifer nor near any source of the town’s water supply.

Jennifer proceeded to go over the most recent plans. Swales will be installed to channel surface stormwater across undisturbed ground to the nearest stream. The surface water and ground water that rises from excavated areas is planned to flow to a lower elevation, then to the sedimentation pond, then through treatment swales. Wetland buffers will be maintained. Petroleum products that might contaminate the water will not be stored on site. The level spreader will be relocated to ensure that stormwater stays on the parcel and does not flow onto abutting property.

She explained that the reclamation plan is now to grade at a 2:1 slope (as suggested by the Town’s engineer), with 5-foot long benches at every 20 feet.

Denise Rico asked about plans for Phase 2 of excavation, which have not been added to the current plans. Jennifer explained that the current plans and permitting requests just apply to Phase 1. The property owner and project engineer would like to see what’s actually involved in operations and reclamation before submitting plans and permit requests for Phase 2.

At the stream crossing, overflow measures have been added, stabilization materials have been defined, a headwall has been added to restrain gravel and sedimentation, and boulders (instead of guardrail) have been added for safety.

For the sedimentation pond, filter fabric will be added to the sedimentation outlet, and an emergency enclosure will be added to the sedimentation trap to direct drainage to a treatment swale.

At that point, Chair Holly Green distributed copies of the following correspondence for the Commissioners to review:

Copy of 12/4/08 Letter of Request for More Information
from Gloria S. Andrews, P.E., of DES Alteration of Terrain Program
to Rodney Patenaude of Henniker Crushed Stone/Henniker Sand & Gravel
re. Alteration of Terrain Permit Application No. 081020-01
Mink Hills Land, LLC – Tax Map 1, Lot 44 in Henniker

-and-

Copy of 12/10/08 Letter of Response to Gloria Andrews at DES

re. Alteration of Terrain Permit Application No. 081020-01
from Jennifer B. McCourt, P.E., of McCourt Engineering Associates

After the two letters were read, it was suggested that someone from the Conservation Commission should compose a letter to the Planning Board. Mark Mitch agreed to compose and send a letter to the Planning Board before its meeting on January 14, 2009.

Holly Green MOVED that Mark Mitch compose a written response to the request from the Planning Board for comments from the Conservation Commission regarding the request for a waiver in this case from Earth Moving regulations in Section 201.5-F and Section 201.8-G to allow the quarry of stone below the seasonal high water tables, and to state that the Conservation Commission’s questions and concerns have been answered and it has no additional comments. Martha Sunderland SECONDED the motion and it carried.

The appointment was concluded with thanks from several Commission members.

2. Potential Ecological Projects for John Stark Regional High School Students
Presented by Barbara Beers, Instructor at John Stark Regional High School

Barbara Beers was invited by the Chair to offer a presentation in line with her written proposal for potential ecological partnership projects between high school students from John Stark R.H.S. and the Conservation Commission. The goal, as she wrote it, would be “to provide an authentic, local means through which high school students can learn about ecological concepts and gain proficiencies as outlined by the State.”

Ms. Beers said that she plans to study the feasibility of ecological projects that have been listed in her proposal plus any that might be suggested by the Commission members.
She then will coordinate planning of project details with other instructors at the high school, and ask to return to a meeting of the Conservation Commission next spring with a more refined list of proposed cooperative projects. She hopes that this program would increase students’ understanding of the impacts of humans on the environment and the potential for mitigating those impacts. She also hopes to motivate students by engaging them in projects with real-life results.

Copies of the proposal were distributed, and Barbara invited Commissioners to suggest potential projects. Martha Sunderland suggested possibly studying the sustainability aspects of community issues and preparing public presentations. She offered as an example how the Director of the Tucker Free Library made a presentation to the Board of Selectmen about an energy-saving program at the Library. Mark Mitch reminded everyone that an energy audit had been performed of all Town-owned buildings, a copy of which might be obtained as an example.

Stephany Lavallee suggested the students might conduct a project related to solid waste disposal and recycling. She said a Town committee is currently studying the expense of solid waste disposal. Mark suggested the term “waste minimization.” Martha suggested the area of study could be brought right into their school. Mark asked about computers and electronic waste at the school. Additionally, they discussed which items were accepted by Henniker’s transfer station, and if there is a list of acceptable materials.

Denise suggested possibly conducting natural resource inventories in the town forest or on parcels being considered for conservation easements. Studies could include timber, wetlands, and wildlife habitat. Accessibility to properties and appropriate seasons would be factors to consider. A wildlife action plan could be one outcome, and the students might prepare a public presentation. Barbara asked Denise to send her more information about the parcels and a forester’s report if available.

The members discussed some of the projects listed in Ms. Beers’ proposal, such as vernal pool documentation, stream water quality studies, development of natural history/trail guides for public lands, and planning a public trail though a property.

A. 11/24/08 Letter from DES Wetlands Bureau
to Henniker Conservation Commission
re. DES Wetlands Bureau File No. 2008-02272
Mink Hills Land, LLC – Tax Map 1, Lot 44 in Henniker

This letter was sent to acknowledge receipt of the Conservation Commission’s report. Stephany Lavallee distributed copies to the Commission members.

C. 12/8/08 Letter from DES Wetlands Bureau to Robert Johnson
re. Wetlands Bureau File No. 2008-02128, Map 1, Lot 354-C,
394 Bacon Road in Henniker

Notice that Letter of Deficiency re. Docket No. WET 08-50 (which was sent by certified mail and returned without signature) is being sent again by regular mail. Copies were distributed to Commission members by Stephany Lavallee.

Holly introduced this letter, and the Commissioners reviewed it. Stephany reported that there is a wetland in another area. It was decided that no comments were
called for.

Holly reported that the Subcommittee’s last meeting covered wetland buffers, stormwater management, and monitoring of drinking water quality. She remarked that the Fire Chief has a list of properties that store hazardous materials, and that waivers are required if the properties are located near the protected wellhead area. Mark noted that the Planning Board has approved the Water Resources Proposal.

Stephany said she noticed new, digitally produced parcel maps at Town Hall.
She asked Town Administrator Peter Flynn for copies of the new maps for use by the Conservation Commission, and he agreed.

B. Report of ~~Water~~ Erosion ~~near Proposed Chase Brook Conservation Easement~~
on Craney Hill Road Property

On December 7, 2008, Holly Green, Mark Mitch, Martha Sunderland, developer Reggie Houle, Mr. Houle’s site work contractor, landowner Ms. Diane Jacques
Les Becquets, and forester Sean Hathaway~~, and another gentleman~~ met for a site walk near the developed lot. It was noticed that water does pool up near the driveway and run from there down the hill. There is disturbed soil and there are steep slopes near the property’s edge. It was determined that, at least, the existing ditches on either side of the drive need to be stabilized. The developer agreed to install rip rap along the sides and add an additional culvert near the roadway sometime next year, probably in spring or summer.

Denise Rico asked if ~~that~~ the Chase Brook development had required a stormwater management plan. Martha Sunderland replied that the lot probably had not required such a plan because it was part of a subdivision. Mark Mitch commented that the exact plans for land use might not have been clear at the time. It was thought that stormwater management and property maintenance might be an issue for the Town’s Building Code Inspector. Denise suggested that the Conservation Commission consider contacting the Planning Board regarding land use regulation of development in steep slope areas.

At 8:55 p.m., Holly Green moved to adjourn the meeting, Denise Rico seconded the motion, and it carried unanimously.

Others Present: Jennifer McCourt, Project Engineer, Wayne Patenaude of Mink Hills Land LLC, Peter Schauer (Schauer Environmental Consultants), Barbara Beers, and Recording Secretary Sheila Mitchell

1. Planning Board Excavation Application

2. Review and Approve Minutes of September 17, 2008

Others Present: Jennifer McCourt, Project Engineer, Wayne Patenaude of Mink Hills Land LLC, Rick Patenaude, and Recording Secretary Sheila Mitchell

1. Minimum Impact Expedited Wetlands Permit Application

2. Chase Brook Baseline Documentation Report

Others Present: Jennifer McCourt, Project Engineer, Wayne Patenaude of Mink Hills Land LLC, Peter Schauer (Schauer Environmental Consultants), Barbara Beers,
and Recording Secretary Sheila Mitchell

Others Present: Jennifer McCourt, Project Engineer, Wayne Patenaude of Mink Hills
Land LLC, Rick Patenaude, and Recording Secretary Sheila Mitchell