Town of Henniker
Conservation Commission Meeting
Wednesday - January 21, 2009
Grange Hall


DRAFT Meeting Minutes

Members Present: Chair Holly Green, Mark Mitch, Terry Stamps, Martha Sunderland

Member Absent: Denise Rico, Bob Stamps

Call to Order:

The meeting was called to order at 7:10 p.m., with a quorum of members present, and the Chair reorganized the agenda as follows:

1. Planning Board Excavation Application
Case No. 2008-011 - Lot 44 and Lot 99 off of NH Route 114

Terry Stamps reported that the application had been reviewed last week by the Planning Board and found to be complete. The applicant will need to meet with the Planning Board again to obtain application approval.

She said the seasonal high water table was discussed at the meeting, along with mitigation measures planned during excavation. She recommended to the Commissioners that in the future it would be helpful if they would send brief notes to the Planning Board on all applications, whether or not there are concerns, in order to prevent repetitive questions and discussion.

Holly Green went over the documents that have been received by the Conservation Commission regarding this application:
• Copy of Letter from NH Department of Environmental Services to Rodney Patenaude, Issuing a Permit for Alteration of Terrain (No. WPS-8304), dated December 29, 2008, including the following conditions:
a) That there be no water degradation
b) Revised plans are required if there are changes in construction details or sequences.
c) Notification to DES is required prior to the start of construction.
d) DES must be informed in writing of status of project every two years,
with an updated plan every six years from issuance of permit.
e) No construction shall occur until the Wetlands Permit is issued.
f) Any further alteration for future phases will require a new application
and further permitting by the NHDES Alteration of Terrain Bureau.
g) Local, state and federal permits are required, and projects disturbing over 1 acre may require a federal stormwater permit from the EPA.


• December 22, 2008 copy of plans, received without an explanation
• Copy of December 24, 2008 letter from Jennifer McCourt to Henniker Planning Board, addressing concerns of the N.H. Department of Transportation:
a) Permit for 12-foot-wide driveway, approved by Henniker’s Fire/Rescue Squad
b) Plan to widen driveway, away from where the land elevation drops sharply
c) Plan for truck turn-outs and turning radiuses.

Mark Mitch asked Terry if the Planning Board had conducted a site walk. She replied no, it had been canceled due to snow, but the Board had requested aerial photographs.

2. Forestry Notification - Patenaude Properties, Lot 102, Bradford Road

Holly said it had been pointed out to her that this notification might be related to a subdivision application. The Commissioners reviewed the forestry notification and a copy of the subdivision application that Holly had obtained. They also reviewed a copy of a letter from NHDES to Mr. Patenaude.

They discussed probable locations for timber landing, skid roads, side shoots, and temporary stream crossings and culverts.

It was noted that the actual “Intent to Cut” notice had not been received, and it was thought it might have been missed or misplaced around the time the January 7th Conservation Commission meeting had been canceled due to a winter storm. Holly said she would request a copy of the intent to cut notice.

The Commission decided to revisit the subject at its next meeting, hopefully with an intent to cut notice available for review. Martha Sunderland suggested a possible site visit might be planned after that.

3. Notice of Intent to Cut - Lot 91 and Lot 91-A

The notice was reviewed, and no concerns were expressed. It was noted that the intent was to cut 20 acres of a 40-acre parcel at the end of Liberty Hill Road, and that the work was anticipated to begin on December 15, 2008, with Michael Patterson as the logger.

4. Draft Excavation Regulation Revisions

Planning Consultant Laura Scott has sent a request for comments from the Planning Board and Conservation Commission regarding suggested revisions to excavation regulations, and asked to receive their comments before the end of January. Holly said she would contact Laura to ask for an extension of time to respond, and explain that one of the Commission’s meetings had been canceled in January.

Terry suggested that the Commissioners should read the whole regulation section.

Holly read some of the items that Laura Scott would like to cover – as examples: definitions of “abutter,” “dimension stone,” “excavation site,” and “excavation area.”
Also she is seeking comments regarding proposed additions under the reclamation section, regarding exempt projects, prohibited projects, excavation applications, conditions of approval, administration and enforcement, et cetera.

5. Incoming Mail

A. Resignation of Stephany Marchut Lavallee from the Conservation Commission

The Commissioners agreed to send a note to Stephany.

B. Invitation to Founders Day at New England College on January 27, 2009

C. Standard Dredge & Fill Application
Tax Map 1, Lot 351 - Western Avenue
NHDES File No. 2008-02371
Letter to Al Stevens of A&T Forest Products
From NHDES requesting more information

This was reviewed and no comments were given for the record.

D. Notice of Meeting on Merrimack River Watershed Wetland Restoration Plan

Date: February 17, 2009
Location: PSNH Energy Park, Five Rivers Auditorium,
780 N. Commercial Street, Manchester

Among the topics to be covered: applying for an ARM Fund Grant.

There is a part of Henniker that falls within the Merrimack River watershed.
Holly said she would find out more information.

6. Town Report Article

Holly asked the other members to suggest topics that should be submitted for the annual Town Report regarding the Conservation Commission. Suggestions included:
• Proposed Ecological Partnership Project with John Stark High School Students
• Chase Brook Conservation Easement
• Workshop on Conservation Easements
• Workshop on Shoreland Protection Act
• Mailing of Shoreland Protection Act Brochures
• Protected River Signage
• Clean-up Projects
• Site Walks
• Review of Several Subdivision Applications
• Review of an Excavation Application
• Review of Laidlaw Application to ZBA
• Review of Forestry Notifications and Intents to Cut
• Keeping up the website, including maps and meeting minutes
• Future Opportunities to Participate

Chair Holly Green took notes and said she would send a draft for members to review.

7. Report on January 13, 2009 Budget Advisory Committee Meeting

Martha Sunderland reported on the budget meeting. She said the committee had asked her questions about the expense for a minute taker, and she provided details about increased Conservation Commission plan review activities.

They also inquired about an amount for water monitoring that was not spent in 2008, and Martha explained that increased water monitoring is planned for the spring of 2009.

She also recalled that the committee members had been curious to know more about the Conservation Fund.

8. Chase Brook Update

Holly reported that the Chase Brook Conservation Easement has been filed. She had a copy with her at the meeting.

Martha said The Union Leader had run an article about it. She volunteered to let the Trail Travelers know the easement has been completed.

Terry asked if the abutters would receive notification. It was decided that Holly would prepare an informative summary for the abutters and send a copy to Reggie Houle.

9. Review and Approve Minutes for December 3, 2008 and December 17, 2008

The minutes of the meeting of December 3, 2008 were reviewed, and corrections were given to the Recording Secretary.

Martha Sunderland moved to approve the Minutes of December 3, 2008, as amended, Mark Mitch seconded the motion, and it carried with all in favor.

The minutes of the meeting of December 17, 2008 were reviewed, and corrections were given to the Recording Secretary.

Mark Mitch moved to approve the Minutes of December 17, 2008, as amended, Martha Sunderland seconded the motion, and it carried with a majority of three in favor. Terry Stamps abstained from voting because she had not been present.

10. Other Business

A. New Tax Maps

Mark Mitch retrieved the new digital tax maps from the file room and showed them to everyone during the discussion of Item 2.

Adjournment
Terry Stamps moved to adjourn the meeting, Mark Mitch seconded the motion, and it carried unanimously.
The meeting was adjourned at 8:55 p.m.


Draft Meeting Minutes
Respectfully Submitted January 26, 2009
By Recording Secretary Sheila Mitchell
 

Town of Henniker
Conservation Commission Meeting
Wednesday – February 4, 2009
Grange Hall


DRAFT Meeting Minutes

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

Others Present: Ian McSweeney of the Russell Foundation and Selectman Thomas Watman

Call to Order:

With a quorum present, Bob Stamps called the meeting to order at 7:05 p.m. and invited
Mr. McSweeney to speak.

1. Land Conservation - Ian McSweeney, Russell Foundation

Mr. McSweeney began by reviewing the mission and activities of the Russell Foundation.
He said the foundation seeks to conserve land and hopes to increase the pace of conservation
by assisting with grant funding, title searches, land surveys and facilitation of conservation easements.

He then reported that the Russell Foundation and Piscataquog Land Conservancy, which previously had undertaken conservation projects together, had decided to part ways, but he wanted to let the Conservation Commission members know that the Russell Foundation is still interested in conserving land and watershed areas in Henniker.

Denise Rico distributed some copies of a watershed map.

Bob Stamps asked Mr. McSweeney if he was in touch with the Open Space Sub-committee, and he was assured that he was. Mr. Stamps told him that the sub-committee probably would have another education and outreach event in the spring.

The appointment was concluded at around 7:20 p.m. with thanks from the Commissioners.

2. Meeting Minutes of January 21, 2009

The members decided to table review of the minutes until the next meeting.



3. Mail

A. Request for Conservation Commission Comments
on Planning Board Subdivision Application
for Lot 102, off of N.H. Route 114

Holly Green reported that the Planning Board has not yet approved the subdivision.

The members reviewed the subdivision application plans, plus the Notice of Intent to Cut, and the Forestry Notification. They also reviewed some pertinent regulations.

The Commissioners first went over a copy of the subdivision plans, which indicate a new lot being established that will be separate from a smaller parcel for house and garden. The timber cutting apparently will take place on the new, larger lot, which is reportedly already zoned for commercial use. No details of plans to build other structures on the new lot are apparent at this time.

Wetland areas were more clearly indicated on the plans than they had been on the forestry notification map.

Two points of access from the larger lot to Route 114 were shown on the plans, but there was an explanation that only the Hall Road access point would be cut at this time.

The Commissioners also reviewed the Intent to Cut Notice, and the question was asked if the timber cutting would occur close to Amey Book. On the subdivision plans, Amey Brook seems to be at the edge of the property, and there appear to be no plans for timber cutting near it.

Holly Green recorded a comment for the Planning Board’s attention, stating that the proposed buildable area does not show adequate contour intervals to calculate slope.

B. Copy of January 22, 2009 Letter from NHDES Wetlands Bureau
to A & T Forest Products re. Map 1, Lots 350, 351 and 349-H
Located at Western Avenue and Patterson Hill Road

A copy of this letter has been sent to the Conservation Commission for information only. No comments are required.

The letter said the existing culverts were not aligned with the natural flow of water and might be under-sized. The applicant responded that he plans to remove two 8” culverts and install a single, larger culvert, with the work to be done during a low-flow or dry-weather period. The Wetlands Bureau had also requested new photographs, and the applicant replied that the snow currently covering the ground would not facilitate the taking of new photographs at this time.

C. Notice of Intent to Cut Wood or Timber in Hopkinton-Everett Flood Control Area

As Mark Mitch surmised, this cutting will be done by the U.S. Army Corps of Engineers for management of forest and wildlife resources in the flood control area. However, the map was missing details of the cutting, which Holly will request.

D. Updated Materials re. Planning Board Excavation Application
Case # 2008-011 - Lot 99 off of N.H. Route 114

• An earth moving plan has been submitted.
• The Alteration of Terrain permit has been granted by NHDES.
• The project Engineer has sent a written response to the DES Wetlands Bureau.
• A waiver has been granted from Henniker’s Planning Regulation 201-8 G:
“No land shall be excavated below four feet above the seasonal high-water table in aquifers and recharge areas, except as part of an approved plan to develop water conservation or recreational uses, or in accordance with the reclamation plan approved by the Regulator.”
Terry Stamps explained that the Planning Board has served as the Regulator for excavation applications since the early 1980’s.

This updated material was forwarded from the Planning Board to the Conservation Commission for informational purposes. No comments were requested.

4. Draft Excavation Regulation Revisions

The Chair, who said she would prefer not to submit formal comments from the Conservation Commission until more explanation is provided about the intent of the proposed changes, initiated an informal discussion. Terry suggested the Conservation Commission might review the topic once it’s been scheduled on the Planning Board’s agenda, at which time some background information and rationale should be provided.

The term “abutter” was briefly discussed. Prohibited projects were also discussed. Planning Regulation 201-8 “Conditions of Approval” was brought up.

Terry Stamps and Bob Stamps raised points about regulations for reclamation.

Terry had done some research about the spreading of topsoil in the reclamation process, and she wondered if the source of the soil should be regulated. Current regulations call for stockpiling soil on the site. Martha thought it should be soil native to the area. Mark said it might depend upon the intended purpose for the land after reclamation. Bob said it might depend upon the environment, or setting. Denise said the type of soil should be defined in order to prevent use of reclaimed waste soil.

Bob also thought the regulations should specify when excavation is complete, so that reclamation can commence without delay. Terry reported that the Town of Londonderry specifies that reclamation must begin within 12 months of the expiration date of the excavation permit. Bob thought that Henniker should adopt something similar.

5. Other Business

Mark Mitch informed everyone that he had been in contact with the Henniker trails group, and they had told him they would like to put a gate at the entrance to the Chase Brook conservation easement area. He said they’re also considering installing a cement pad near the entrance to control erosion. Martha commented that Five Rivers would have to approve that.

Holly Green said some “before & after” photographs of a dam have been requested.
Mark thought he might have some. Mr. Watman suggested contacting the Historical Society. Mark also thought the newspapers might have some file photos, but he said he would look for any “before” photographs he might have and give them to Martha.

Denise Rico said the owners of some property on River Road that had been flooded had obtained a grant to restore the horse pasture, and she had been told they also might be interested in a conservation easement in a couple of years. She said they had extended an invitation to the Conservation Commission to visit the property and view the land below the pasture. Martha supported the idea of a site visit in the near future, to keep in touch with the land’s owners, and she suggested taking photographs to have a record of the erosion.

Adjournment
Bob Stamps MOVED to adjourn the meeting, Mark Mitch SECONDED the motion, and
it carried unanimously.
The meeting was adjourned at 8:30 p.m.


Draft Meeting Minutes
Respectfully Submitted February 9, 2009
By Recording Secretary Sheila Mitchell

Town of Henniker
Conservation Commission Meeting
Wednesday – March 4, 2009
Grange Hall


Approved Meeting Minutes

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

Others Present: Gary Harper and Paula Amato of New England College,
with James Seymour, P.E., of Sebago Technics, Inc.

Call to Order:

With a quorum present, Bob Stamps called the meeting to order at 7:10 p.m. Holly Green arrived shortly after the meeting began. Mr. Seymour was invited to present proposed plans for an athletic field with parking on the college campus.

1. N.E.C. Project: Multi-Purpose Artificial Turf Field and Parking Lot
Map 2, Lots 391-A and 405-B (Educational Zoning District)
ZBA Special Exception Case 2009-103

Mr. Seymour displayed a large satellite photograph of the area where the field and parking lot would be located. He outlined the area and said it would be planned to fit in much the same footprint as an existing baseball field. Parking spots will be moved to two new locations.
The field will meet NCAA certification standards for soccer and lacrosse.

There is a stream that runs along a Class A road at one end of the area near Grove Street.
The plan will adhere to N.H. Department of Environment Services requirements to maintain a minimum 25-foot setback, and a retaining wall will be built to minimize runoff up to 100-year flood elevation. There will be 109 square feet of wetland impact. A 200- to 250-foot setback from the water is planned.

Outdoor lighting is being considered. If it were decided upon, the plan would be to install state-of-the art equipment, with light shields and precise focus capability, to minimize the impact of on surrounding properties. The lights could be set on timers and controlled from a remote location by computer. There is an existing “delta” of pine trees that should help shield the surrounding properties from light overflow.

Mr. Seymour then spoke about the playing surface. Asphalt blacktop will be removed from the area, and a multi-layer surface will be installed. First, there will be a 2-inch deep layer of sand, then crushed stone, with up to 14 inches along the ridge. Choker fill will be added, and finally the surface “carpet” (a mix of sand and rubber pellets) will be installed.


All materials under the surface will be permeable, so less water runoff will be expected. Channels and drains are being considered that would facilitate wicking from the playing field toward the retaining wall at a lower elevation.

Mr. Seymour also showed plans for controlled water runoff across the surface of the parking lot, with runoff swales, an infiltration pond, and construction-fill to counterbalance the slope.
The plan is to maintain a 50-foot buffer from nearby wetland.

The field’s playing surface would call for minimal maintenance. Mr. Seymour said the use of maintenance chemicals (that are sometimes needed in a warmer, more humid climate to guard against disintegration) should not be necessary at this location. If decoration of the field’s surface is desired for special events, biodegradable paint is available.

At that point, Mr. Seymour invited the members of the Commission to ask questions.

Bob Stamps asked about foot traffic direction and field illumination.

Terry Stamps asked what the parking lot surface would be, and the answer was asphalt blacktop. He recommended paving the surface with asphalt over a bed of gravel for longevity.

Mark Mitch asked if there would be swales off the side of the road, and Mr. Seymour replied there would be, with bio-retention ponds.

Martha Sunderland asked about infiltration overflow, and the answer was that overflow was taken into account in the plans, channeling it toward the lake.

Martha asked about salt restriction. Mr. Harper replied that New England College stopped using salt a while ago.

Mark asked questions about the walking-running trail. Mr. Seymour said a trail would be built from the border of the field to Grove Street, with a consistent width of 12 feet.

Martha asked about emergency parking. Mr. Seymour replied that emergency access is planned, maintaining turn-arounds, but that no reserved parking is planned for emergency vehicles.

Someone asked about culverts, and Mr. Seymour said the workers might clear existing culverts in the area of the trail.

Mark asked about snow removal from the parking lot, and Mr. Seymour showed him on the schematic where snow would be deposited. Mr. Seymour also mentioned that some use of plants for landscaping is planned in the parking lot area.

Bob asked if structural improvements to the covered bridge were planned. Ms. Amato responded that the College has applied for funding with a historic designation, and has a contractor waiting to begin work when that is approved.

Discussion then turned to the amount of time needed for project construction and other details. Throughout the presentation, the members of the Commission did not voice any objections to the plans.

It was asked if a wetlands permit will be reviewed, and the assumption was it would be reviewed at a later date.

Mark inquired if the Zoning Board of Adjustment would like to have written comments from the Commission. Upon an affirmative response, Holly Green said the Commission would plan to send a note with comments relative to this special exception.

The Commission members then thanked the guests for attending the meeting and making the presentation, and the appointment was concluded.

2. Review and Approve Minutes for January 21st and February 4th Meetings

A. Minutes of January 21, 2009

No corrections to the minutes were given. Martha Sunderland moved to approve the minutes of the meeting of January 21, 2009 as written, Mark Mitch seconded the motion, and the motion passed with four in favor. Bob Stamps and Denise Rico abstained from voting because they had been absent.

B. Minutes of February 4, 2009

No corrections to the minutes were given. Mark Mitch moved to approve the minutes of the meeting of February 4, 2009 as written, Bob Stamps seconded the motion, and it passed with all in favor.


3. Proposed Voluntary Cutbacks to 2009 Budget Request

Holly introduced the topic and reported that she had been contacted earlier to ask the Commission to prepare possible reductions to its budget request for 2009. However, she explained, the request to prepare voluntary cutbacks had been suspended until Town Meeting. The Commission discussed some budget contingencies but decided to table further discussion or decision making until after Town Meeting.

4. Preparation for Town Meeting

First, it was determined that Holly, Denise, Bob and Terry were planning to attend the meeting. Neither Martha nor Mark will be available to attend.


Then, the Commissioners discussed the proposed warrant article, which would “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.”

After some discussion about the best method of presentation before the voters at Town Meeting, the Commissioners reconsidered whether the warrant article should be proposed at this point in time, and they decided to withdraw the motion for the warrant article.

Denise Rico moved that the Conservation Commission withdraw its motion for the warrant article, Bob Stamps seconded the motion, and it passed with all in favor.

Holly said she would contact the Town Administrator to notify him and the Selectmen about the decision in advance of Town Meeting.

5. Mail

February 23, 2009 Letter from Jennifer McCourt to Laura Scott
in response to Laura’s February 18th Memorandum

The Commissioners reviewed the correspondence and discussed the reclamation plan and bond.

6. Regional Environmental Planning Program (REPP) Projects

Holly reported the Water Resources Sub-committee is considering applying to REPP under innovative land use controls for storm water mitigation, site plan review and excavation regulations. She has begun to consult with Matt Monahan at the DES about this, and asked the Commission members if she should pursue consultation with Matt, and they agreed.

7. Draft Excavation Regulation Revisions

Martha had prepared some written discussion points, which she distributed at the meeting.
The members began to analyze each point, but decided there was not adequate time to address them completely, and decided to continue discussion at the next meeting. Notes from the discussion will be included the next meeting’s minutes. Future discussion is planned to focus on topsoil, slope, erosion, dust control, and contiguous acreage.

8. Gravel Pit Information

Terry reported that the Planning Board intends to reorganize its records regarding gravel pits, and the Conservation Commission is being invited to contribute copies of any relevant records it might have.


9. Other Business

There was an informal discussion of upcoming environmental events and state legislation regarding “green housing.”

Mark Mitch reported that the college is anticipating an award of federal grant funds for its sustainability proposal, which would include retrofitting electric light fixtures.

Mark also said he has a group of students who want to plant trees, and he asked the members for location suggestions. He said the idea is to coordinate tree planting with Earth Day activities. Martha suggested trees might be planted near the river. Terry suggested he speak with the Parks and Properties Superintendent because the budget for planting trees has been cut.

Adjournment
Holly Green moved to adjourn the meeting, Bob Stamps seconded the motion, and
it passed unanimously.
The meeting was adjourned at 9:20 p.m.


Meeting Minutes Approved March 18, 2009
and Respectfully Submitted
by Recording Secretary Sheila Mitchell
 

Town of Henniker
Conservation Commission Meeting
Wednesday – March 18, 2009
Grange Hall


Approved Meeting Minutes

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

Members Absent: Mark Mitch, Bob Stamps

Others Present: Thomas Watman, Selectmen’s Representative
Sheila Mitchell, Recording Secretary


Call to Order

Holly Green called the meeting to order at 7:15 p.m.

1. Review and Approve Minutes for March 4, 2009 Meeting

The members reviewed the minutes and gave corrections to the Recording Secretary. Terry Stamps MOVED to accept the minutes as amended, Denise Rico SECONDED the motion, and it PASSED with all in favor.

2. Cutbacks to 2009 Budget

Commission members discussed various ideas for possibly reducing the current year’s budget.

3. Mail

A. Proposed Plans for NEC River Park
including Shoreland Protection Permit

The Conservation Commission received copies of the plans, plus shoreland protection permit, plus the applicant’s response to a request for more information. They reviewed the plans for beautification of the area near the river (including thinning of foliage), for a stone staircase to river level, an improved footpath, and a proposed 24-foot span bridge. It was concluded that construction of a bridge would require another permit.

The Commissioners had no concerns at this time. They decided to request a site visit once construction is under way. Holly Green will compose a response for DES. Denise will compose a letter to the College stating that they don’t have comments now but would like to visit the site once construction commences.


B. Standard Dredge and Fill Application
Western Avenue Culvert

The Commission reviewed engineering plans to replace an inlet headwall that has been damaged by flooding, plus to install measures to control erosion and overflow in the future. They had no comments to forward at this time.

C. Wetlands and Non-Site Specific Permit No. 2008-02272
Mink Hills Land

The permit was approved on February 26, 2009. The Conservation Commission received a copy for information purposes. Mention was made in the correspondence about an impaired water body. The Commission decided to learn more about impaired water bodies.

D. Excavation Permit

The Planning Board decided at its February 14th meeting to continue consideration of the excavation application. The Conservation Commission received a copy of correspondence from the Planning Consultant for information. The Planning Board has asked for a new reclamation bond plan, which will be tied into phased excavation and reclamation activity at the site. This is expected to require periodic inspection and permitting in the future.
The Commissioners concluded that bond amounts will have to be reviewed and revised over the course of time.

E. Intent to Cut
Lot No. 187A - Hall Avenue

This was reviewed by the Conservation Commission and no comments were proposed.

F. Currier & Ives Scenic and Cultural Byway

Holly read an invitation to members of boards and committees to participate in a study committee to be organized by the Central New Hampshire Regional Planning Commission to come up with a corridor management plan for this roadway and adjacent properties. Martha described the location and some of the features of the area.

The CNHRPC would like to include on its study committee a town official, a resident on the byway, and a business owner on the byway. It would require attendance at four public meetings. The first of the meetings will take place on Tuesday, April 28, at 7 p.m. in the Henniker Community Center.

Holly said she would volunteer to participate. Denise will ask other possibly interested parties from the community, and the others suggested a few individuals who might like to be involved.

G. Note from Stephany Lavallee

Holly read an eloquent expression of appreciation from former Conservation Commissioner Stephany Lavallee, who, among other things, thanked the current Commissioners for mentioning her in their submission for the Annual Town Report.

4. Draft Excavation Regulation Revisions

Holly has contacted Matt Monahan, and she said he might have comments for her before the next Commission meeting. The Commissioners agreed to table discussion of proposed revisions until then. Terry Stamps asked Holly to let Laura know the timeline in hopes that any comments can be considered by the Planning Board before possibly approving the proposed revisions.

5. Other Business

Martha Sunderland

Martha said she had been contacted by Chuck Knox of Five Rivers, who told her they would like to have their annual meeting on May 16th or 30th in Henniker, and they would like to combine the event with a site walk on the Chase Brook conservation easement. He also mentioned to her that they plan to invite a guest speaker to the meeting.

Terry suggested possibly arranging a community event to coincide with it. She asked Tom Watman if he thought the Spirit of Henniker Organizational Team would like to plan something together, and he said he thought they would be willing to consider it. He said that SHOT is already planning to have an event on Memorial Day.

Martha suggested inviting the speaker to come on the walk. She also thought perhaps a sign for the easement could be dedicated at the same time. Funding for the sign was discussed briefly. Denise said she would pursue possibilities for a private donation.

Denise Rico

Denise said she had met with Barbara Beers about students from John Stark RHS possibly conducting a resource inventory on a lot in town. Barbara said she would propose it to the teachers.

Denise also reported briefly on activities of the Open Space Sub-Committee. She announced that there would be a presentation about the Quaker District on Thursday, May 7, in a private home.

Holly Green

Holly reminded everyone of the Saving Special Places training event on April 4. She said the deadline for registration is Friday, March 20.

Martha said there is a training event for easement monitoring on April 11.

Holly also said that there would be a conference on Drinking Water on May 1st.

Adjournment
Holly Green MOVED to adjourn the meeting, Denise Rico SECONDED the motion, and
it PASSED unanimously. The meeting was adjourned at 8:45 p.m.


Meeting Minutes
Approved April 15, 2009
and Respectfully Submitted
by Recording Secretary Sheila Mitchell

 

Town of Henniker
Conservation Commission Meeting
Wednesday – April 15, 2009
Grange Hall


Meeting Minutes

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

Call to Order:

Holly Green called the meeting to order at 6:05 p.m. and stated that the first item on the agenda, an appointment, had been postponed.

1. New England College’s Application to the Zoning Board of Adjustment
for a Special Exception for Multi-Purpose Artificial Turf Field and Parking Lot
(postponed)

Holly explained that the applicant had requested postponement of their appointment with the Conservation Commission until its first meeting in May and after the next Z.B.A. meeting.

Holly shared copies of the updated application by the engineering firm.

Regarding another application by New England College for plans to establish a riverfront park, the Commission members decided to go forward with a letter they plan to submit to request a site visit once construction has commenced.

2. Mail

A. Wetlands Dredge and Fill Permit No. 2008-02272
Mink Hills Land, LLC – MEA Project No. 08-0111-1

Holly read a letter dated March 27, 2009, from Jennifer McCourt of McCourt Engineering, that was addressed to the NHDES Wetlands Bureau and outlined the applicant’s planned response to changes that had been requested by Henniker’s Planning Board.

B. Notice from NHDES of Administrative Completeness
Wetlands File No. 2009-00476
Western Avenue – Tax Map 1, Lot 5

Holly made the Commissioners aware that the Town of Henniker has received this notice, dated March 23, 2009, relative to planned repair of the Western Avenue sidewalk culvert.
3. Review and Approve Meeting Minutes of March 18, 2009

The Commission members reviewed the minutes of the previous meeting and requested amendment of one section.

Terry Stamps MOVED to accept the Meeting Minutes as amended, Martha Sunderland SECONDED the motion, and it CARRIED.

4. Open Space Subcommittee Report

A. Conservation Presentation

Denise Rico announced a presentation about conservation easements that is planned
for Thursday, May 7th, at 7 p.m. at a private home in the Quaker District of Henniker.
She then requested approval of expenditure for postage to send a written invitation
to approximately 30 to 40 landowners in that area.

Martha Sunderland MOVED to approve the expense of postage for this mailing,
Bob Stamps SECONDED the motion, and it CARRIED with all in favor.

Someone suggested having on hand a supply of booklets, entitled “Conserving Your Land: Options for the New Hampshire Landowner.” Inventory was checked, and it was decided that there were enough booklets available for the event.

B. Open Space Plan

Denise began by stating that, while conservationists sometimes ask her if Henniker has an open space plan, there is no overall plan at this point in time. She pointed out that drafting such a plan might help to focus conservation efforts and justify potential expenses.

Terry Stamps asked what the key elements of a plan would be. Denise responded that it would require natural resource inventory and conservation priority mapping.

Bob Stamps added that a plan should include various options for conservation. He also suggested that involvement and endorsement of local officials should be considered.

Tom Watman suggested consideration of legal implications.

Terry asked how the Planning Board might use an open space plan. Bob said he thought it might serve as a guide to future members of the Conservation Commission in making recommendations to the Planning Board.

Martha Sunderland suggested that an open space plan might assist the Planning Board in monitoring patterns of property development.

Denise Rico requested approval by the Conservation Commission to proceed in drafting an open space plan.

Terry Stamps MOVED to approve the drafting of an open space plan for Henniker,
Mark Mitch SECONDED the motion, and it CARRIED unanimously.

C. Potential Open Space Parcels

There was a brief discussion of potential properties that might be conserved for open space.

D. Aquatic Resource Mitigation Fund

Chair Holly Green introduced this topic while open spaces were being discussed, she said, because conservation of land that would tie into the elements of aquatic resource mitigation might qualify for NHDES grant assistance. The application deadline for this grant is June 5, 2009.

She said this fund application probably would be discussed at the next meeting of the
Water Resources Subcommittee on Monday, April 20th, as well. She invited Denise to attend that meeting and offered to report on it to the Conservation Commission on May 6th.

Holly shared some maps of the Merrimack River watershed in the Henniker area, and guided a brief discussion of potential areas that might qualify for this grant.

Holly also read the elements for qualification, which would include:
• Land preservation
• Wetland creation
• Wetland or aquatic resource restoration
• Aquatic resource improvement

5. John Stark RHS Project to Study Town-owned Parcels for Conservation

Denise Rico reported that she had spoken with Barbara Beers about planning a natural resource inventory by High School students of three Town-owned parcels. Barb told Denise she thought also requested that the students would like to present their findings to the Town as part of the project, perhaps as part of a proposal for a warrant article to put the parcels into conservation.

There followed a good deal of discussion about whether the scope of the project should include presentation to Town officials or voters. There was concern about proposing the Conservation Commission obligating itself to propose a warrant article that would entail conservation expense in a difficult economic climate.

Martha Sunderland suggested perhaps it would more feasible to propose the parcels for forest Town Forest designation rather than conservation easement. She said forest designation would not have the same legal and financial requirements as an easement. She added that, at a later date, if desired, a conservation easement could be proposed in addition to forest Town Forest designation for the same land.

Mark Mitch pointed out that the scheduling of a presentation that might not come about until spring 2010 might become a prohibitive factor for student involvement. He asked Denise when the project would commence. She said it would start in the fall of 2009 with natural resource inventories.

More than once, Tom Watman advised caution against creating false expectations for the students of making a presentation to an official board or the voters.

Mr. Watman also made the suggestion that perhaps the project might involve one or two of the parcels instead of all three, and there was a brief discussion about how that might be arranged.

Holly Green suggested that the students might make the presentation at a public hearing instead of at the annual Town Meeting.

Denise said she would tell Barbara Beers what the Conservation Commission had discussed and leave the decision about project scope up to her.

6. Preparation for Five Rivers Conservation Trust Annual Meeting
and Chase Brook Conservation Easement Property Site Walk

Holly reported that the annual meeting of Five Rivers Conservation Trust has been scheduled for Saturday, May 30, 2009, and should conclude between 11:30 a.m. and 12 noon, at which time attendees will be invited to take a walk in the conservation area.

Holly said she plans to be at the meeting and available to make an announcement about the walk if called upon. Mark Mitch has been invited to serve as trail guide on the walk, and he has agreed.

Martha suggested that the route should be previewed for accessibility and safety, and volunteered to scout the best route over the coming weekend.

Publicity was considered. Terry recommended reaching out to the broader community. Denise suggested contacting local members of the media. Denise also offered to reach out to Terri Trier of the Spirit of Henniker Organizational Team.

Martha agreed to share some recent photos she had taken in the area to possibly include with announcements. She also said she would give Holly a list of e-mail addresses for potential invitees, to include the Board of Selectmen, Town Administrator, Planning Board, and Trail Travelers group.

Martha brought up the possibility of a having a commemorative sign for dedication that day. Denise asked her if the easement contained specifications about signs, and Martha recalled that posting signs is all right. It was suggested that a small placard with the logo of the Five Rivers Conservation Trust could be incorporated onto a Henniker Conservation Area sign.
Holly volunteered to contact Five Rivers about the logo. Denise agreed to order a sign.

Martha Sunderland MOVED to authorize Denise Rico to order a sign for the Chase Brook Conservation Easement, to be paid for from the Henniker Conservation Fund. Mark Mitch SECONDED the motion, and it CARRIED unanimously.

During the above discussion, Denise Rico said she would not be able to attend the Conservation Commission meeting on May 6.

Holly Green said she would not be able to attend the meeting on May 20. She asked if someone would think about volunteering to pick up the mail after the next meeting, and serve as Chair
pro tem if it’s decided that a meeting needs to be called for the May 20th meeting.

7. Draft Excavation Regulation Revisions

Terry Stamps reported that Laura Scott has said she will complete a draft of suggested revisions to Henniker’s excavation regulations that will update Town ordinances to be more understandable in line with State statutes, as the Planning Board had requested. Applicants currently have to read and follow both regulatory references Town and State regulations in order to be compliant.

Once the two documents have been merged, Terry offered to share the combined text with the Conservation Commissioners so that they will be able to review and discuss possible recommendations to the Planning Board.

Terry also invited Conservation Commission members to attend public hearings that the Planning Board will hold about any proposed revisions. She said she would inform them of the dates and times of those hearings as she becomes aware of them.

Holly reminded everyone that she had contacted someone at the Central N.H. Regional Planning Commission for advice on this topic, but she has not yet received a response from him.

Tom Watman suggested that background information and recommendations also be shared with the Town Administrator and Health Officer.

While the Commissioners did not make any formal recommendations as yet, they did have a free-flowing discussion about excavation and its ramifications, including dust control, standing bodies of water, impaired waterways, and prohibiting use of biosolids for reclamation purposes.

8. Other Business

The Chair invited members to raise other items of business and none were raised.


Adjournment
Holly Green MOVED to adjourn the meeting, Mark Mitch SECONDED the motion,
and it CARRIED unanimously, and the meeting was adjourned at 8:05 p.m.


Meeting Minutes
Approved May 6, 2009
Respectfully Submitted by
Recording Secretary Sheila Mitchell
 

Town of Henniker
Conservation Commission Meeting
Wednesday - May 6, 2009
Grange Hall


Meeting Minutes

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

Member Absent: Denise Rico

Others Present: Paula Amato of New England College
Jennifer McCourt of McCourt Engineering
James Seymour of Sebago Technics
Thomas Watman, Selectman ex-officio
Sheila Mitchell, Recording Secretary

Call to Order:

At 7:05, with guests and a quorum present, the meeting was called to order by consensus.
Holly Green arrived shortly after the meeting began. Denise Rico was absent due to a prior commitment.

1. N.E.C. Project: Multi-Purpose Artificial Turf Field and Parking Lot
Map 2, Lots 391-A and 405-B (Educational Zoning District)
Case No. 2009-15, ZBA Special Exception Case 2009-103,
Planning Board Site Plan Application Case No. 2009-004

The applicants contacted the U.S. Environmental Protection Agency about this project, as was recommended when they contacted the U.S. Army Corps of Engineers. They have begun to communicate with both the EPA (regarding the vernal pools) and the NHDES (to comply with the Shoreland Protection Act) at the same time, in hopes of being able to shorten the length of time for application review.

James Seymour began by outlining the current plan to mitigate impact on wetlands and vernal pools. He showed everyone a map of the area around the field and the proposed parking lot
that displayed dots for vernal pools and shaded areas for wetlands.

This area is a habitat for wood frogs and salamanders, Mr. Seymour said. Construction of the field will impact nesting areas in the immediate area, but allow other areas nearby to remain undisturbed.



Installation of the artificial turf surface should allow for more infiltration and reduced runoff.

There will be a buffer zone next to a nearby stream.

A small area has been added at field level that can accommodate officials, and which might be a press box in the future.

For the new parking lot, which should provide around 100 parking spaces, a small area of wetlands will need to be filled in to adjust for a steep grade. The area around the proposed lot contains woods, a stone wall, and a seasonal stream.

Seasonally portable bleachers will be positioned on a crushed stone path at the border of the field along Grove Street. Prescriptive easement will be needed to allow these bleachers to be placed in the current right-of-way zone for the road, which is a Class VI roadway that is maintained,
not by the Town of Henniker, but by New England College.

Creating a walking border on the side of the field closest to campus buildings, and using bark mulch to connect foot traffic with a trail on the other side of the field are in the plans in order to facilitate pedestrian access.

Martha Sunderland asked if there would be access for emergency vehicles, and Mr. Seymour said the plan is to allow enough space for turn-arounds at each corner of the field, on the end near Grove Street, with a gate at one corner to allow vehicle access onto the field.

Retaining walls are planned around the field. While installing the turf surface, materials will be swept from the center of the field toward the walls. Mark Mitch asked him how high the walls would be, and Mr. Seymour’s reply was 6 to 7 feet tall.

The field will have lights, and conduits for electric power will be buried beneath the ground.

Bob Stamps said he saw no reason to change the plans, and it seemed to be a consensus.

It was agreed that the Conservation Commission should send a letter stating it had no objections to the plans, addressed to the Zoning Board of Adjustment, with a copy to the Planning Board.

Martha Sunderland said it wouldn’t change her opinion of the project, but she would be curious to know what comments the EPA might have. Mr. Seymour said input from the EPA would be incorporated into any revised plans.

Martha and Holly Green agreed that the Commission’s interest in being copied on EPA comments should be mentioned in its letter to the ZBA and Planning Board.

Holly also mentioned that the Conservation Commission has received a copy of the stormwater management plan for the project.

The appointment was concluded with mutual thanks at 7:20 p.m.

2. Request for Letter of Commitment to Public Outreach and Support
of Conservation Plan for Piscataquog River Watershed

The Conservation Commission received a request from the Southern New Hampshire Planning Commission for a letter of support and commitment to participate as a partner in public outreach and workshops related to a land conservation plan for the Piscataquog River Watershed.

Holly said that more of this watershed lies in the region covered by the Southern New Hampshire Planning Commission than in that covered by the Central New Hampshire Regional Planning Commission.

Someone asked what Regional Planning Commissions were, and Holly responded that they are NGO’s (non-governmental organizations).

Bob wondered if this was being done for other watersheds in New Hampshire, and Holly replied that she didn’t know. Bob suggested finding out what is being done for the Contoocook River Watershed, and Holly said the Central N.H.R.P.C. Central New Hampshire Regional Planning Commission (C.N.H.R.P.C.) might have that information. It also was thought that there already should be a representative for the Town of Henniker. Denise Rico’s and Jim McElroy’s relevant affiliations were mentioned.

Holly Green MOVED to send the requested form letter of commitment, Bob Stamps SECONDED the motion, and it PASSED unanimously.

Later in the meeting, Holly returned to the subject and mentioned that the letter from the Southern New Hampshire Planning Commission had been sent to the Board of Selectmen as well as the Conservation Commission. It was agreed that the Selectmen should be informed of the Conservation Commission’s response by sending a copy of the letter to Town Administrator Peter Flynn.

3. French Pond

The Conservation Commissioners had received and reviewed a letter from a concerned citizen relating to pollution of French Pond. They discussed possible sources of pollution, including: seepage from septic systems, livestock waste, fertilizer use, erosion sediment, and cyanobacteria.

Water samples from the pond were taken this spring, Mark Mitch said, but the results will not be available for a while.

Mark agreed to draft a letter of response and include background about the Conservation Commission’s activities over the last few years and results of previous studies.

Mark said the French Pond Association had planned to conduct a questionnaire survey regarding the maintenance of septic systems in the area, but he didn’t know if it had been completed.

Discussion then centered around possible ways the Henniker Conservation Commission and French Pond Association might work together to study and correct pollution of French Pond.

Educational outreach was one idea. Martha thought that distributing literature about the Shoreland Protection Act would serve to educate. Terry asked Mark about the FPA’s summer meeting, and Mark thought perhaps the Commission could prepare something relative to the Shoreland Protection Act for that meeting.

Mark pointed out that education would be one way to possibly correct the situation, and ongoing study would be another. He suggested supporting both by passing out informative literature while taking surveys.

Holly asked if grant money might be available to remediate pollution. Mark pointed out the futility of removing a substance if more of it continues to flow into the pond, and he said that much of the grant awards for clean lakes and rivers had ceased after the war in Iraq commenced.

Terry asked Mark how much money each grant might provide if funding were available. He said each project might receive $400,000 to $500,000.

Mark Mitch was authorized by unanimous consent to compose and send a letter of response that would (1) suggest an individual to contact at the French Pond Association, and (2) summarize recent activities and studies of the Conservation Commission concerning French Pond.

4. Intents to Cut

A. Lot 83

The Commissioners reviewed a copy of this notice of intent to cut, noted there
should be little or no impact on wetlands, and had no comments to forward.

B. Lot 351, 351-A, 351-B and 351-C

The Commissioners reviewed the notice of intent to cut and had no comments to forward.

5. Meeting Minutes of April 15, 2009

The minutes were reviewed and corrections were noted.

Mark Mitch MOVED to accept the minutes as amended, Terry Stamps SECONDED the motion, and it PASSED unanimously.


6. Chase Brook Conservation Property Site Walk - May 30, 2009

Holly Green, Mark Mitch and Martha Sunderland said they planned to attend both the annual meeting of Five Rivers Conservation Trust and the site walk on May 30th.

Martha said she had not yet taken a walk along the route. She and Mark arranged to meet there for a walk on Monday, May 11th.

Martha reported that Denise had ordered a sign and Martha plans to dig the postholes herself.

Terry Stamps asked how the broader community might find out about the event. Martha offered to put out a press release explaining what the event is about and that the public is invited.

Sending invitations to nearby property owners and the developer of homes in the area was discussed.

It was suggested that members of the Natural Resources subcommittee formed from the recent Community Profile event should also be invited, and Martha said she would send them copies of the press release as invitations.

7. Other Mail

A. Announcement of Piscataquog Land Conservancy Meeting
Tuesday - May 12, 2009 in New Boston

A meeting will take place at 5:30 p.m. at New Boston Community Church to hear from Conservation Commissions and Open Space Committees. Members of Henniker’s Conservation Commission had already RSVP’d on an individual basis.

B. Notice re. Fuel Storage Containment Violation
from NHDES to Henniker Sand & Gravel

The Conservation Commission received a copy of a notice that was sent from the Waste Management Division of NHDES to Henniker Sand & Gravel (dated April 6, 2009) because DES had not received a notice of completion regarding measures to correct a violation for an above-ground storage tank (AST).

C. Notice re. Western Avenue Culvert Repair
to Contoocook and North Branch Rivers Advisory Committee
from NHDES re. Tax Map/Lot 5/ROW, Wetlands File 2009-00476

The Conservation Commission received a copy of this notice regarding an application to the DES for a wetlands permit in order to repair a damaged inlet headwall.


8. New Business

There was a brief discussion about the Natural Resource subcommittee of the Henniker Community Profile. Terry introduced the subject and said the subcommittee hopes to educate the public and attract users to enjoy natural resources in Henniker.

Adjournment
At 8:30 p.m., Mark Mitch MOVED to adjourn the meeting, Martha Sunderland SECONDED
the motion, and it PASSED unanimously.

Meeting Minutes
Approved June 17, 2009
Respectfully Submitted by
Recording Secretary Sheila Mitchell
 

Town of Henniker
Conservation Commission Meeting
Wednesday - June 17, 2009
Grange Hall


Meeting Minutes

Members Present: Holly Green, Chair, Mark Mitch, Denise Rico, Terry Stamps,
Martha Sunderland, Thomas Watman, Selectman ex-officio

Member Absent: Bob Stamps

Others Present: Jennifer McCourt of McCourt Engineering
Kris Blomback, representing Pat’s Peak
James Seymour of New England College
Sheila Mitchell, Recording Secretary

Call to Order:

With a quorum present, the meeting was called to order by Martha Sunderland. Holly Green and Sheila Mitchell arrived shortly after the meeting started.

1. Minimum Impact Expedited Wetlands Permit to Replace Pat’s Peak Snow Pond Outlet
Jennifer McCourt of McCourt Engineering and Kris Blomback of Pat’s Peak

Jennifer McCourt and Kris Blomback and Jennifer McCourt explained that the permit is for a planned replacement of the outlet mechanism for the snow-making pond located near the entrance of Pat’s Peak.

The project involves constructing a new catch basin and sump area, as well as new, larger pipes under the driveway. Additionally, drainage across the parking lot will be addressed to decrease parking lot erosion, and a bridge is being added to allow for pedestrian traffic, and the bridge will have a pedestrian sidewalk and railing will be added next to the existing bridge for safety. There will be a 13-foot drop off the side of the bridge.

Jennifer pointed out that a catch basin is planned to accommodate water run-off.

Mark Mitch MOVED to accept approve and sign the plans for an expedited this Minimum Impact Expedited Wetlands Permit on the basis of the presentation. Terry Stamps SECONDED the motion and it PASSED unanimously.

The appointment concluded at 7:15 p.m.

2. New England College Project: Multi-Purpose Artificial Turf Field and Parking Lot
Jennifer McCourt of McCourt Engineering and James Seymour of New England College

The purpose of this meeting was to review the plans for the proposed parking lot on Grove Street.

Jennifer began with a follow up to the CC’s earlier review of the proposed artificial turf field. She explained that the wetlands permit has been approved by NHDES, and that the applicants plan to employ that as an incentive for action by the U.S. Army Corps of Engineers. Jennifer also said a letter of approval from the Henniker Conservation Commission might be of additional assistance to expedite matters with the Corps of Engineers, and they would appreciate it if the Conservation Commission would consider composing one.

Holly commented that a letter would not be required, but agreed to signify the support of the Conservation Commission by composing a letter anyway.

Jennifer then pointed out some highlights of the current parking lot plans:
• widening Grove Street near the entrance to the field
• installing a crosswalk on the road that will lead to paths onto the field
• providing 2 handicapped parking spaces
• providing a total of 100 parking spaces

She talked about mitigation measures for flooding runoff into adjacent wetlands, including two underground drainage catchment systems (one for small storms and another for large storms) with 2 manholes, 2 drains and 2 filters. An infiltration basin also will be installed.

Because of the slope of the site, grading for the lot will result in There will be a 13-foot-high retaining wall at the upper end of the lot. The lot will have a 6-foot high safety fence around the retaining wall, as well as The field also will have a 6-foot high enclosure fence, with security cameras and boxed lighting.

Landscaping features were discussed, including the type of shrubs or trees that might be planted. The Conservation Commission suggested the use of native species in the landscaping.

Jennifer then reiterated the fact that the wetlands permit has been approved, but reported that the permit for alteration of terrain is still pending. Because the second permit has not yet been approved, the construction might have to be postponed until autumn of 2009.

Holly offered to write a letter stating that the Henniker Conservation Commission has no concerns or objections to the plans for the multi-purpose field and additional parking lot, and the offer was accepted. [Transcription Note: This was mentioned already, six paragraphs above.]

The appointment was concluded at 7:40 p.m.


3. Meeting Minutes of May 6, 2009

The minutes of the previous meeting were reviewed, and Holly Green requested a correction, which was noted by the Recording Secretary.

Martha Sunderland MOVED to accept the minutes as amended, Terry Stamps SECONDED the motion, and it PASSED with all in favor.

4. Mail: Intents to Cut

A. Lot 315-A

Holly said this would have been reviewed at the June 3rd meeting if the meeting had taken place. Work was scheduled to begin two days before that, on June 1st. The Commissioners reviewed the notice of intent to cut and decided to send a standard letter to the applicant. They briefly discussed the idea of requesting permission for a site visit but decided
against it.

B. Lots 726 and 726-A

It was not clear from the map included with the notice where the area of cutting was planned, or if it might include cutting on an adjacent lot, Lot 730-B-2. The Commissioners were able to determine that there was a stream on the property, but from the information provided, couldn’t be certain if the cutting would be near to or have an impact on the stream.

The Commissioners decided that Denise would contact the logger on behalf of the Commission by telephoning them to request clarification. Holly will also send a letter from the Commission, requesting clarification about the area to be cut, whether cutting is to take place on Lot 730-B-2, plus if cutting will have an impact on the stream.

C. Lot 556
Old Hillsborough Road

The Commission reviewed this notice.

D. Lot 551-A
Old Concord Road

This notice was reviewed. Intent is apparently to cut 15 of 22 acres. It was decided that a site visit would be appropriate.

Martha will contact the forester.
Holly will send a standard letter from the Commission to the property owner.
Terry will gather information about the Currier & Ives Scenic Byway.

E. Lot 743

Lot size is 177 acres. Lot location was ascertained: on the eastern slope of Craney Hill, near Route 114 and Bowers Road, near Great Pond, with wetlands and a possible stream crossing on the property. The terrain is woodsy and steep.

Martha recommended a site visit.
Holly will send a letter to the landowner in Massachusetts.
Mark will contact the logger.

While reviewing the Notices of Intent to Cut, the Commissioners took some time to discuss the need for requiring more detailed information on the notices, plus the need to process notices so the Conservation Commission has a chance to review them before the Board of Selectmen approves them.

Additionally, notices are often received by the Commission well after the date that work is supposed to begin. It is not clear how the notices are submitted (mailed in or dropped off) and whether the notices are sometimes submitted to the Town on a date very close to, or even after, the date that work is scheduled to begin.

As currently processed, there do not appear to be standards required for showing cutting areas and other pertinent details on a map.

There do not appear to be time restrictions regarding submitting notices in time to allow review before cutting begins.

Notices seem to be submitted for approval by the Board of Selectmen within its consent agenda without regard to whether the Conservation Commission has had a chance to review them prior to the Selectmen’s approval.

Martha and Terry agreed that there should be a checklist against which the notices can be measured by the staff person who receives them.

What is more, someone suggested that notices should be returned immediately to the submitting party if they do not provide enough information for a complete review.

Martha suggested that the Conservation Commission put together a checklist and offer it to the staff member. She and Terry agreed to work together on the checklist. They also thought it would be a good idea to include examples of what is acceptable and what is not.

Denise suggested that the Conservation Commission could check the NHDES website to determine if a forestry notification is on file. Holly said she would share the link to those notifications.

Thomas Watman suggested putting a procedure in place to give the notices to the Conservation Commission for review before they are given to the Selectmen for approval.

Mr. Watman also wondered if someone in the office who might be qualified to assess the completeness of information (such as the Planning Consultant) should be given an opportunity to review incoming notices, as a “second set of eyes.”


5. Other Mail

Holly shared with the Commissioners other mail that had been received.

A. Wetlands & Non-Site Specific Permit No. 2009-00476
Western Avenue Culvert Repair - Map 1, Lot 5

The Conservation Commission received a copy of the approved permit for the period of May 28, 2009 through May 28, 2014.

B. Notice of Past Violation Re: File # 2008-02128
394 Bacon Road, Henniker - Tax Map 1, Lot 354-C
From the New Hampshire Department of Environmental Services
to Ronald Talbot, 394 Bacon Road, Henniker NH 03242
and Robert Johnson, 162 Camp Road, Deering NH 03244

The past and current situations were discussed. Terry wondered if the Conservation Commission should request a site visit. Martha said further action would depend upon neighbors lodging a complaint. She also said that the problem apparently seems to have resolved without the need for further intervention at this time.

C. Public Meeting of New Hampshire Groundwater Commission

The Commission received a notice of a public meeting in Webster on June 22, 2009.

D. Note from Laura Scott

Holly read aloud a goodbye note sent from Laura to the Conservation Commission.

E. Merrimack County Association of Conservation Commission
Annual Meeting on June 24, 2009

The Commission received an invitation to the annual meeting.

6. Organization of Office Files

The Chair asked if discussion of this subject was still necessary since the files had been reviewed before the meeting. Terry responded it was not.


7. Other Business

Holly suggested possibly canceling the meeting on July 1. She mentioned that she would not be available because she planned to be on vacation. The others decided that Mark would check the mail and call a meeting or publish a cancellation notice. Holly offered to send him a standard form for cancellation.

Then Holly invited the Commissioners to bring up other subjects.

Mark reported that water sample results had been received from the NHDES.

There followed a discussion of current debates and writings regarding pollution from cyanotoxins of bodies of water, especially lakes.

Adjournment
At 9:15 p.m., Holly Green MOVED to adjourn the meeting, Terry Stamps SECONDED
the motion, and it PASSED unanimously.


Meeting Minutes
Approved July 15, 2009
Respectfully Submitted by
Recording Secretary Sheila Mitchell
 

Town of Henniker
Conservation Commission Meeting
Wednesday – July 15, 2009
Grange Hall

Meeting Minutes

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

Member Absent: Mark Mitch

Others Present: Brian Hotz – Society for the Protection of New Hampshire’s Forests
Sheila Mitchell, Recording Secretary

Call to Order:

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

1. Land Conservation Projects –
Brian Hotz, Society for the Protection of New Hampshire's Forests

Mr. Hotz gave a presentation with slides and photographs about two potential land conservation projects in Henniker.

He began with a brief history of the Forest Society, founded in 1901, and informed everyone of his position with them as Director of Land Protection, one of five land agents. His particular region covers western New Hampshire.

He gave an overview of the lands and resources included in what is called the Quabbin to Cardigan Initiative, or “Q2C.” This area includes Mount Cardigan in the north, along with Mount Sunapee and Mount Monadnock. It is described as “a forested corridor on the metropolitan edge.” It covers 1.9 million acres and 85 municipalities, including some western and northern portions of the Town of Henniker. The Mink Hills area of Henniker is a particular focus point.

Since the year 2000, he reported, 20 different conservation groups have consolidated their efforts and resources to preserve the Quabbin to Cardigan region, which includes watersheds for both the Connecticut and Merrimack Rivers. This area is also currently an abundant source of timber, what Mr. Hotz termed a “wood basket.” The Q2C area includes a variety of wildlife, and the initiative includes priority wildlife action plans, called SWAPs.

Threats to natural resources in the Quabbin to Mount Cardigan corridor include: population growth, parcelization of land, and land use conversion/development. The Society adopted a final action plan for conservation of the corridor in June of 2007, and Mr. Hotz reported that 22% of it has been conserved to date.

Mr. Hotz reported on an area of Henniker in the Quaker District (near Bear Hill Road and Matthews Road) that recently has been conserved by placing easements on two working farms. Financial resources were used by the Terrell Foundation, he said, from an endowment called the Penelope and John Dawson Memorial Forest fund. He said the conservation easement area is not connected to any road and includes a beaver meadow that is hidden in the woods. There are wetlands of interest just to the south. The goal is to conserve land in that area and work toward the nearby Vincent State Forest.

Then he gave descriptions of two areas in Henniker that the Forest Society would like to propose for conservation.

The first is owned by a family in the Mink Hills area in the northern part of town, who live on the land year round. It is located northwest of Long Pond. Amey Brook and Brown Brook run through it. Beaver dams have been spotted on Brown Brook. Eighteen vernal pools have been counted there. It is a rich habitat for wildlife. Part of the land is used for tree farming. There are logging trails and several foot trails, and Brian Hotz observed that they appear to be used regularly because they are patted down.

The owners would like to reserve some land for personal use – up to three 3-acre parcels – with
the right to put up residential structures on a strip of land that fronts a roadway near Long Pond. The easement would allow for that, use as long as access to the conservation area by members of the public would not be restricted.

The easement would allow recreational use, forestry and agriculture, and prevent further development. It would protect wetland areas, steep slopes, and other fragile natural resources. The easement would place restrictions on types of structures that could be erected, limit roads to agricultural and forestry use, prohibits further subdivision, and also prohibits hazardous materials dumping, topography changes, and mining. Questions were asked about excavation of sand and gravel and crushed stone in the area.

The second area of possible interest includes 5 adjoining parcels that are owned by one party in the area of French Pond. The owners expressed interest in conservation easement after they’d seen a newspaper article on the subject and attended an event co-sponsored by the Henniker Conservation Commission and the Forest Society regarding open space.

The most recently acquired parcel was purchased 1-½ years ago. There are several meadows on the properties, near French Hill Road, French Pond Road, and Dodge Hill Road. Some of the fields are maintained for haying by local farmers. Another parcel that also might be suitable for agriculture (with some work) used to be woodland but was clear-cut by a previous owner. The easement would allow for commercial agriculture. There are areas of scrubby vegetation and clusters of pine, red maple and yellow birch. The parcel most discussed at this meeting is a small one consisting of 2.3 acres, which includes 400 feet of waterfront, near the Department of Fish & Game’s boat launch onto French Pond. On that 2.3 parcel, there is a small, currently unused camp home.


The owners presently reside on one of the parcels during the summer, and they plan to take up full-time residence after retiring. They have said that they would like to reserve land on one or more parcels for their children, including the right to erect personal residential structures on a portion of the parcel near French Hill Road, along with personal recreational use of the small camp home on the waterfront parcel. They seem open to the idea of guaranteed public access to conservation portions of the property.

Holly Green asked Brian Hotz how close this land is to an area called the Foster’s Conservancy, and he told her it almost abuts the parcel farthest from the pond.

Mr. Hotz offered to visit both sites of interest with members of the Conservation Commission if they would be interested.

He stated that certain expenses must be incurred for conservation easements, and one of the purposes of his presentation is to extend an invitation from the Forest Society to the Henniker Conservation Commission to contribute toward those expenses for the Henniker properties.

The formula should be similar for both potential projects:

Conservation Easement -0-
Property Appraisal (including surveying, if necessary) -0-
Easement Stewardship Endowment 10,000
Title Abstract 600
SPNHF Legal Costs 800
Recording Fees 80
Staff Fees and Mileage 3,000
Estimated Total $14,480

He explained that the conservation easement line is valued at zero dollars because, in these cases,
it would be a gift made by the property owners. The owners would most likely undertake the costs of property appraisal as well.

The Endowment fund often is used as a legal defense fund, he said, and among its other purposes, the pooled resources in the stewardship endowment fund can serve to shelter potential liability that can come with executory interest.

He mentioned that Conservation Commissions are now allowed to expend funds without having to incur executory interest, thanks to recent passage of a new State law. Henniker’s Conservation Commission would have the authority to expend the types of funds that the Forest Society is requesting. It would require an affirmative vote of the majority of Commissioners, after a public hearing on the matter is held.

He went on to say that acceptance of executory interest (if desired) would require approval by a majority of the Henniker Board of Selectmen.


Mr. Watman asked about loss of revenues to the Town of Henniker. Mr. Hotz replied that there would probably be a loss of tax revenue if and when the properties were taken from current use status (except for the small parcel on French Pond, which is not in current use), but the loss should be minimal. Not as predictable would be the amount of revenue that the Town might gain if the land were to be developed.

Mr. Watman said he would support public access to that small waterfront parcel because there would be an immediate and apparent benefit to the public.

Mr. Hotz said one benefit of placing that parcel in conservation easement might be the prevention of adding another home and potential source of pollution to the shoreland.

Bob Stamps asked if the owners would be open to putting that parcel into easement, and Brian Hotz replied that they would be.

It was noted that the presence of an unused camp home on that parcel would likely carry public safety risks and the risk of municipal liability if the Town had an executory interest.

Thomas Watman asked what percentage of Henniker land was already under conservation easement. Denise Rico and Martha Sunderland replied that it was 4.7% in 2002, when the last natural resource inventory was taken, but that would have been before the addition of the Chase Brook Conservation Easement.

Martha Sunderland went over some water resources in the French Pond area. She noted that the easement would not prevent agricultural development and potential pollution from agriculture.

Bob Stamps inquired how soon these projects would be ready for action by the Conservation Commission. Brian Hotz replied that both should be ready for action by the end of 2009.

Mr. Hotz offered to get a copy of the easement language to the Commissioners in the meantime, and he was encouraged to do that.

Thomas. Watman went on record to say he would be open to supporting both projects.

Mr. Watman asked Mr. Hotz if the Commission would have to donate an amount equal to all the costs or if it could be less. Mr. Hotz replied it could be less but that he would encourage donating as much as possible.

Denise Rico quoted from a legal opinion which stated that conservation easements can and do have public benefit without having to incur executory interest.

Martha Sunderland recommended verifying legal counsel’s previously expressed opinion.

Mr. Watman suggested obtaining legal clarification as early as possible so it could be included in a proposal for the Board of Selectmen to review.

The Commissioners agreed to ask Town Administrator Peter Flynn to contact the Town Attorney regarding the matter.

In addition to the language of these easements, the Conservation Commissioners asked Mr. Hotz to provide firm amounts for them as soon as they become available so discussion may continue in more detail at the next Commission meeting.

At this point, Mr. Hotz pointed out that the property owners in Mink Hills are concerned about the proposed upgrade of a range roadway on what they think might be their property for the purposes of transporting excavated materials by Henniker Crushed Stone from its existing site to a newly permitted excavation site on Lot 99 of Tax Map 1. He explained that the owners might undertake further legal and appraisal costs, and the issue could delay the completion of a conservation easement. This was discussed for a time.

Commissioners also discussed other conservation easement aspects, including “guaranteed” vs. “silent” public access, nuisance restrictions, vehicle restrictions, et cetera.

Mr. Hotz agreed to provide the additional information requested in time for the next Commission meeting.

The appointment was concluded at 9:10 p.m.

Holly Green then MOVED to extend the meeting time in order to cover other items on the agenda. Terry Stamps SECONDED the motion, and it PASSED with a majority in favor.

2. Review of Incoming Mail

The Conservation Commissioners reviewed and discussed the following items of mail:

A. Notice of Intent to Cut
Aucoin Farms – Lot 636-F

This was a notice of intent to cut 20 acres of timber on a parcel of 116 acres.

B. Complete Forestry Notification
Vincent State Forest – Lots 726 and 726-A

Denise supplemented the information received by mail by reporting some details
of a conversation she had had with the forester.

C. Notice of Administrative Completeness of Wetlands Permit Application
New England College

D. Shoreland Protection Application Permit #2009-01169
Issued July 6, 2009
New England College – Lot 391, Tax Map 2

E. Notice of Existing Dam Registration plus
Notice of Administrative Completeness
for Minimum Impact Expedited Wetlands Permit Application
# 2009-01263 to Replace Snow Pond Outlet at Pat’s Peak
Lot 588-A, Tax Map 1

As of June 18, 2009, the NHDES has requested comments regarding the Minimum Impact Expedited Wetland Permit application.

F. Letter of Deficiency, dated July 6, 2009
to Tracy True-Allen of Henniker
and Jon Richardson of Goffstown
re: Lot 77-X, Tax Map 11
212 Hemlock Corner Loop Road

The Commission received and reviewed a copy of this letter.

3. Review of Meeting Minutes of June 17, 2009

The minutes were reviewed, and some amendments and corrections were offered by Martha Sunderland.

Thomas Watman MOVED to accept the minutes as amended, Denise Rico SECONDED the motion, and it PASSED with five in favor. Bob Stamps abstained from voting because he had been absent.

4. Continuing Business

A. Forestry Notices and Notices of Intent to Cut

Martha Sunderland reported on a meeting she had had with staff members at Town Hall to discuss possible ways to update the procedure for accepting and passing on notices of intents to cut and forestry notices. The timing of getting copies to the Conservation Commission had been discussed. Also, it had been decided to have a separate form for each type of notice.

B. Currier & Ives Scenic Byway

Terry Stamps reported that she had verified with the Central New Hampshire Regional Planning Commission that the byway study is underway. Currently, the only restrictions are in regard to billboards.

Adjournment
At 9:30 p.m., Terry Stamps MOVED to adjourn the meeting, Bob Stamps SECONDED the motion, and it PASSED unanimously.

Meeting Minutes
Approved August 5, 2009
Respectfully Submitted by
Recording Secretary Sheila Mitchell

Town of Henniker
Conservation Commission Meeting
Wednesday, August 5, 2009
Henniker Grange Hall

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

Guests:                           Barb Beers                 

Recording Secretary:    Cherry J. Palmisano

The meeting was called to order at 7:03 p.m.

1.    Conservation Inventory to be conducted by John Stark Regional High School Students - Barb Beers

Barb Beers said she is working towards implementing the Conservation Inventory Project at John Stark but feels the direction they are moving is not the direction of the Conservation Commission’s interests. She is working with 3 properties and 2 Science teachers. They will be looking at the properties with environmental science students and taking a natural resource inventory in the fall semester. Barb said they thought they would present the information at the Town Meeting, but that won’t happen. She is here to ask the Commission what they are looking for and if they still want students to move forward with the project. She will be working with Lot 98 on Rt. 114 and other teachers will work on lots 47 and 50 on Warner Road. Barb said in regards to Lot 47 and Lot 50 each John Stark integrated community would take a lot. She walked both properties with the team of teachers and they are very excited. Lot 47 might require caution tape around existing structures. Students will work on specific study plots. There are 60 students, with 20 or less at any given time on a property. Barb asked where the Conservation Commission wants to go with the results and do they still want to pursue the project. Bob thinks documenting the information is the most important. Martha said it is important to have the students feel valued. It was discussed that the commission can not guarantee recommending a conservation easement until the study is done.

Martha thinks it would be appropriate to have the information presented to the Commission so they can ask questions. Holly said she would like a presentation to the Commission as well. Bob said if this did lead to a recommendation for a conservation easement, they would need to hold a public hearing and a town vote would be required. Terry said the next step would be to meet with the Open Space Commission and then if they decide to pursue, present at town meeting.

Barb asked about time frame. Martha said timing might be an issue because a conservation easement recommendation might not make it onto this year’s warrant. Barb said she has a class that ends in January and she won’t know until the end of Sept what kind of class she will have. Bob asked if the public presentation is part of her class requirement. Barb said no, her thought was to present to the Commission in January to have time to prepare for Town Meeting. Martha said she would encourage them to practice the presentation half way through to find out what is missing and what is needed. Bob suggested that if they did recommend easements for these properties the town might not want to hold the easements and they might have to look for a holder. It was discussed that a town vote would be needed to put the property into an easement. Martha said working out the easement document would take significant time. Barb said even a year down the road it would be interesting for future students. Martha said there is lots of conservation work going on in the area. It was determined students would continue working and prepare information to present to the Conservation Commission.

Barb asked what she needs to know about these town properties that she does not know and what is happening regarding potential conservation in the area. Martha said for the final presentation abutters will need to be notified. Denise said there is an adjacent 329 acres that are in the process of being conserved through the Society for the Protection of NH Forests. Barb asked if all properties were obtained because people stopped paying taxes. It was discussed an adjacent property is town forest and the other three were because of delinquent taxes. Barb asked if she can tell students that. The Commission said yes, property is taken when there is non payment for at least three consecutive years.

Martha said the lots north of Lot 98, Lot 99 and Lot 44 have an excavation and wetlands permitting in process. Barb said there is a road on the northern boundary of Lot 98 that she walked. Denise said you may need permission from the abutters to access that road. Discussion about boundaries being marked and that there may be a line marker because surveying has taken place within the past two years.

Barb will take some time to flag the boundaries and contact Jennifer McCourt (the abutters’ engineer).

Terry said she would need something to calibrate the properties, ex. study animals, wildlife, what is special about those properties and what is unique with those properties. The Commission would need the information but, not necessarily have students gather that information. Barb said some of that information the students can provide using the Granite Data Macro and the NH Wildlife Action Plan. Martha said it would be interested to dredge up the info on Lot 50 being logged. Denise said a 2003 forester’s report showing it was logged in the 1980s. Barb said the Social Studies teachers are interested in having students determine timeframe due to what they see. Denise asked Tom about the town liabilities policy covering the students. Tom said they will be covered as long as Peter Flynn has all the information, students names, timeframes, what they are doing, and what lot numbers they will be on. Barb said she will contact Peter Flynn.

Bob asked Barb if she knew about the controversy regarding the  possible town Right of Way on the Chip Rice property.  Abutters are seeking access across this Right of Way.

Mark asked about indicating wetlands, not by plant species. Barb said they have limited time to fit into biology class. Tom said it is important to document what the students did and did not do. Martha asked about GPS tracking. Barb said they do not have GPS units, she owns one. Her thought was that if specific things need to be noted it could be flagged and she can go back and note.

Mark said if they identify riparian buffer along the stream we would like to know. Barb said she spoke with one of her advisors and was told to do that you have to be well versed with science, not the case with the students and some of the teachers. She said they are limited as to what they can teach in the time frame they have. Her discussion with the advisor is to go general on wetlands and focus on the forest. Barb said the Commission will receive basic information and from there they can decide to get further information.

Mark said there is a method to determine important wildlife habitat, they would not have to do a map, it identifies geographic conditions and adds to value of property - it is referred to as the Cantor Method. Martha said they should map out what is considered important. Barb said it would be helpful to have some members of the Commission talk with the students and tell them it is a real project for the community. They will need three different presentations because there are three different lots and three groups of students. The Commission agreed to do a presentation to the students.

Barb said Lot 47 at the southern part of the lot has beautiful large rocks, not so much in Lot 50. Lot 50 is soggy to cross and then full of pine. Barb said they access through the town forest and there is lots of poison ivy so they might have to put down planks to cross.

Barb said she accessed Lot 47 through the driveway but she doesn’t want students to access there.

Barb said no matter what is happening on her end she will email the Commission monthly. The Commission agreed to send Barb a copy of their meeting minutes to keep communication open.

Martha asked if it would make sense to put a sign at the entrance sites to inform residents why students are in the area and it would also serve as a warning to hunters. They also discussed the possibility of having a write-up in the Henniker Outlook.

Barb said in order to do this project they have to lay out a lot of ground work.

The Commission thanked Barb for all her work.

Mark said they would not be opposed if the project extends many semesters. It could be presented in phases and than other students could take over.

2.    Review and approve minutes for 7/15/09 meeting

Terry Stamps MOVED to accept the minutes of the July 15, 2009 meeting, Bob Stamps SECONDED the motion and it PASSED unanimously.

3.    Conservation Projects

Denise said there is a lot on the market that has conservation value. She said a brook runs through the property. Denise said she contacted the realtor and gathered comparisons. She thinks the Conservation Commission should look at the property. Martha thinks they should walk the property. Denise recommends they take a site walk, the Commission agreed. The Commission agreed to schedule a site walk for Monday, August 10 at 3:30.

Denise will speak with Ian McSweeny with the Russell Foundation about an adjacent lot.

It was discussed the site walk for lot  needs to be posted.

Bob asked if there is a way to find if there are any hazardous disclosures on the property. It was discussed realtors are required to give the known information to buyers.

4.    Mail

Analysis results for French Pond:

The report from coliform testing by the state reports less than 2 cells per 100 m, indicating no issues. It was discussed the report needs to be redirected to the Health Director.

To test for cyanobacteria in the lake, Mark said the state only collects material if there is visible  scum.

Tom asked about formally taking action on the John Stark project.

Bob Stamps MOVED to support the John Stark Conservation Inventory of Lot 98, Lot 47 and Lot 50 Tom Watman SECONDED the motion and it PASSED unanimously.

Complete forestry notification for Lot 315A:

The Commission looked at The Intent to Cut for Lot 315A near French Pond on June 17. Map is clearer now.

Martha said she met with Peter Flynn and Cindy Marsland and discussed forestry notifications. Terry and Martha will determine updates needed for ordinance to make it clear for enforcement.

Martha informed everyone the lot 551A is being thinned out, they did not clear. She said she stopped and also spoke with them and they are not cutting near the stream.

5.    Other Business  

Holly said they received paperwork to apply for the watershed restoration grant. Mark said they could propose changing the French Pond boat ramp so it does not wash right down from the road. Mark said a drain or water bar to divert the flow could be installed. Holly gave Mark the paperwork and they discussed which documents are available on the watershed grant website. The deadline for pre-proposals is September 4 and if it was decided it was a good project the Conservation Commission will be contacted and interviewed.

Denise asked Mark if he was testing the French Pond tributaries. Mark said he was testing up to July and the phosphorus levels were not high. Mark said he tested when the flow was high and there has only been one event so far this year. Mark recommends they continue monitoring, he is not seeing improvement of water quality or noticeable decrease in phosphorous in French Pond. Mark said he met with the French Pond Association and presented results of samples; 20 samples in the spring and 20 in July. The money for testing was spent out of the conservation fund with a total of $959.31 between the testing and the sign for the Chase Brook easement.

Holly suggests proposing the boat ramp project for the watershed restoration grant.

Denise shared a fact sheet on the Asian Long-Horned Beetle and said the closest it was found was Worcester.

Adjournment

At 8:33 p.m., Holly Green MOVED to adjourn the meeting, Bob Stamps SECONDED the motion and it PASSED unanimously.

 Town of Henniker
Conservation Commission Meeting
Wednesday, August 19, 2009
Henniker Grange Hall

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

Member(s) Absent:      

Guests:                           Ann Rice, Chip Rice, Rodney Patenaude, Thomas Patenaude, Jennifer McCourt

Recording Secretary:    Cherry J. Palmisano

PRESENTATION AND DISCUSSION

Jennifer McCourt informed the Conservation Commission that Henniker Crushed Stone is looking to find off road access from their existing excavation site [Lot 103-X] to their new excavation site [Lot 99]. She said they have the right to upgrade an old road bed she referred to as “Old Warner Rd” that runs along the boundary between the town-owned Lot 98 and Chip Rice’s Lot 72. She said the road is over 200 years old and there were records that indicated it had been “discontinued, subject to gates and bars.” She said that it was never really discontinued because subsequent access was allowed. She said if they were to upgrade that road bed there would be a “phenomenal amount of wetland impact”. They would like to work with the CC to find an alternate path through Lot 98 that would have less wetland impacts. They would like the town to consider granting them an easement for access. Terry said she remembers [from previous Planning Board and Conservation Commission meetings] that the only access they said they needed was through Rt. 114. Jen said the trucks can still use the Rt. 114 access but these trucks need different access. Bob asked what changed since the original request to cause them to need this access. Jen said there is a need for this access to utilize off road vehicles. Jen said if they upgrade “Old Warner Road,” which she asserts they can do, they need wetland permits. The Commission discussed the fact they do not have a legal opinion from Town Counsel on Henniker Crushed Stone’s right to use the road. Jen said this would be a shorter route, provide access for the off road vehicles, and provide a secondary access. Terry asked if not having this access would close the business. Rodney Patenaude said it would not. Jen said this access would lessen the trucks utilizing the Rt. 114 access. Terry noted Jen had stated in previous meetings that the additional trucks on Rte 114 would not be an issue.

It was discussed that attorneys on both sides were busy at work deciding the issue of the road. There was a conflict of interest with Town Counsel and the attorney for the abutters (Chip Rice) because they both work for the same law firm. The Board of Selectmen gave authorization, at their last meeting, to hire another attorney. The Commission is not comfortable making any decision until they know the status of the road.

The Conservation Commission said the property they are discussing, Lot 98, is a property that they are looking at for conservation.

Jen asked if they can use the road, if it comes to be, would the Conservation Commission entertain looking at an alternate route to minimize the environmental impact. Bob said they would consider it at that time.

Jen said they are looking at putting in a road that will have less of an environmental impact. But before expending money to map the entire lot, can they start by taking a walk of the property to look for an alternative route. The CC declined pending a decision on the Right of Way. Tom said if the area is going to be cut into and the conservation value disturbed, the Board of Selectmen might decide to sell. Tom cautioned them and asked, even if they can, why would they go into an area of conservation if they already have road access. Jen said it is more efficient and effective and less impact to the environment.

Bob said he does not know what side of the issue he will take even after attorney advisement. Tom said let the conservation efforts go ahead. Tom said if there is no clear reason why the business needs to do this then the Board might not support it unless there a compelling reason. Tom said he would recommend to the Town Administrator that they go ahead with the legal opinion.

Martha said they need to discuss the interest in Lot 98 because of Lot 72 being a potential conservation lot. Denise said a High School Environmental Class would be studying Lot 98 in the fall. Tom said the business really needs to review disturbing the middle of a potential conservation area and said it is a prime area. Jen said looking at the overall picture, if they can get the access, they are open to talking about other conservation properties. Tom said with the initial issue [Henniker Crushed Stone’s right of access to “Old Warner Rd”] still being there he will pursue talking with the Selectman further; he hopes to get an answer as soon as they can.

Chip Rice said they are currently working on putting a conservation easement on Lot 72 by the end of the year. He said if Lot 98 were under a conservation easement it would total over 400 acres in easement and would allow public access. He is concerned with the impact from the trucks. He said Amey Brook is pristine north of Henniker Crushed Stone and he would like to see it kept that way. He noted Amey Brook has problems to the south. Chip said they have been working with the Society for the Protection of NH Forests and they sent someone out to Lot 72 to obtain GPS readings. That person encountered a surveyor working along the old road bed at the boundary between Chip’s lot and Lot 98.

Mark encourages they actively encourage conservation of this lot.

Martha asked if anyone was interested in walking Lot 98. The Conservation Commission scheduled a site walk for September 2, 2009 at 5:00, before their next scheduled meeting.

The Conservation Commission ended the discussion stating that they would make no decisions until the Right of Way issues are resolved by the town attorney.

MINUTES

The Commission will approve the minutes at their next meeting.

MAIL

Newsletter from Fox Research.

SITE WALK ON DODGE HILL ROAD – LOT 81

Holly said the site walk was to investigate a report from the Code Enforcement Officer of road work impacting wetlands, culverts and a new pond. Holly, Mark and Martha conducted a site walk with the landowners and builder on August 12, 2009. They observed a new pond of about an acre fed by existing seeps. They also observed work along the length of the access road including some adjacent to wetlands and several replaced culverts. They concluded that while the work was done carefully with proper silt fencing and bank stabilization, permits were needed and after-the-fact permits would have to be filed. Holly did research and contacted the landowner to inform them that they would need to file a standard dredge and fill permit for the road and pond work.

FRENCH POND GRANT

It was discussed that the Watershed grant is an annual grant. Mark said they talked about utilizing the grant to replace the boat ramp at French Pond. The Commission decided not to apply for the grant this year.

LOT OF INTEREST

Bob, Martha, Mark, and Denise walked the property. It was discussed the property would be a really good piece for conservation; it is adjacent to another town piece. The next action item would be to vote if they would like to make an offer.

Holly moved to go into closed session at 8:37 p.m. to discuss the potential land purchase, Tom seconded and a roll call vote was taken Denise – yes, Mark – yes, Martha – yes, Bob – yes, Terry – yes, Tom – yes, Holly – yes.

During the closed session the Conservation Commission discussed a possible land purchase.

Martha moved to come out of closed session at 8:48 p.m., Bob seconded and the motion passed unanimously.

Bob moved to adjourn the meeting at 8:49 p.m.

HENNIKER CONSERVATION COMMISSION
Site Walk Minutes
September 2, 2009 – 5:00 p.m. – Town-owned Lot 98 – Off of Route 114


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

Public Present: Barb Beers (John Stark Regional High School)

The Conservation Commission members walked the town-owned Lot 98. The purpose was to walk the old lane bed along the eastern boundary and to assess the lot for a potential conservation easement. The walk began at the north end of the lot and followed an unnamed brook until it met Amey Brook. The area where the brooks join is very scenic and is immediately upstream of the place where the old lane had crossed Amey Brook. The old lane bed (two parallel stone walls in the forest) was followed along the property line to the southern boundary of the lot. Many wetlands were observed in the old lane bed. At one point a small water course runs along the old lane. Moose tracks were observed. Beginning at the southern boundary of Lot 98, a new road cutting through the forest from the south was observed. It was estimated to be 30 feet wide with 15 feet of slope graded to the tree line on each side. A small stream culvert crossing was observed.

Respectfully submitted, Denise Rico

Town of Henniker
Conservation Commission Meeting
Wednesday, September 2, 2009
Henniker Grange Hall

Members Present:         Holly Green, Chair, Denise Rico, Terry Stamps, Bob Stamps, Mark Mitch, Thomas Watman - Selectman ex-officio

Members Missing:        Martha Sunderland

Guests:                           Eric Masterson            

Recording Secretary:    Cherry J. Palmisano

The meeting was called to order at 7:13 p.m.

1.        Conservation Project - Eric Masterson - Piscataquog Land Conservancy

Eric Masterson said PLC currently holds an easement for 170 acres and is proposing to place an additional 100 acres into easement. This easement is being donated out right and the needed funds are relatively small. Mr. Masterson feels this is a good opportunity to use the Conservation Fund for this project, instead of fund raising within the community. The landowners want to reserve the right to sub divide 30 acres. This easement would protect 5,000 ft of road frontage.

Tom Watman said they need to discuss all the properties in the works to determine finances and if the property fits into the conservation plan. Tom said they also need to show the public the properties they have acquired and the properties they would like to acquire. He feels it is best for public record to present all the properties at the same time.

It was discussed there is approximately $220,000 in the Conservation Fund.

Denise Rico will bring the prioritized map to the next meeting for review.

2.        Review and approve minutes for 8/5/09 and 8/19/09 meetings

Tom Watman MOVED to table the minutes, Terry Stamps SECONDED the motion and it PASSED unanimously.

3.        Mail

Holly Green recrused herself from the discussion of Lot 282, Lot 283 and Lot 287B.

The Conservation Commission held a lengthy discussion on the Intent to Cut process.

       - Intent to Cut for Lots 282 and 283

- Intent to Cut for Lot 287B

There was no wetland impact, therefore no follow up is needed.

4.        Report on 9/2 Site Walk of Lot 98 (Route 114)

Denise said Barb Beers, from John Stark joined Martha, Mark, Holly and herself for a site of Lot 98. Denise said the property is stunningly beautiful and there are a lot of wetlands. It was discussed a major cut was done to a piece of the property.

Tom informed the Commission there is a member of the Board of Selectman that recrused himself from the discussion because of their association with the owner; leaving only 4 voting Selectman. Tom feels there is solid support from the Selectman to support the decision of the Conservation Committee. Tom said they don’t have a decision from the lawyer yet.

There was a large path cut without obtaining the necessary permits. It was discussed the violations on the property were viewed from the town property.  Mark said what they observed was a distance away from Amy Brook.

Tom asked if the state will send someone out when they get the report. It was discussed the state has the authority to go on private property to investigate a compliant. Wetland crossings and culverts were impacted. 

Denise will write the minutes of the site walk and draft a compliant and Holly will sign the compliant as Chair of the Conservation Commission.

5.        Other Business

Denise Rico said Lot 661, Cascade Brook, is under agreement; someone made a contingent offer.

Adjournment

At 8:36 p.m., Bob Stamps MOVED to adjourn the meeting, Terry Stamps SECONDED the motion and it PASSED unanimously.

Respectfully Submitted
By Recording Secretary Cherry J. Palmisano

Town of Henniker
Conservation Commission Meeting
Wednesday, October 7, 2009
Henniker Grange Hall

Members Present:         Holly Green, Chair, Mark Mitch, Denise Rico, Martha Sunderland,
Thomas Watman, Selectman ex-officio

Member(s) Absent:       Terry Stamps and Bob Stamps

Guests:                           Mark Fougere

Recording Secretary:    Cherry J. Palmisano

Chairman, Holly Green opened the meeting at 7:00 p.m.

Mark Fougere gave the members of the Commission an overview of gravel operations in the town. Mark said the RSA states if there is no removal of stone for one year’s time than the operation has to start restoration. Mark said the gravel pits in town are in much better shape than he thought and that he will be inspecting the gravel operations yearly. The Commission feels it would be beneficial to them to review any new applications for excavation and plans for restoration filed in the town. 

Tom said he checked with the town attorney and the Commission can appoint a member to make minor edits to draft minutes.

Meeting Minutes

Martha Sunderland MOVED, Tom Watman SECONDED to accept the minutes of September 16, 2009. The motion passed unanimously. 

Holly Green MOVED, Tom Watman SECONDED to accept the minutes of October 1, 2009 as written. The motion passed unanimously.

October 6, 2009 Board of Selectman Meeting

Martha discussed with the members of the Commission what took place at the October 6, 2009 Board of Selectman’s Meeting. The Commission will meet on Monday, October 19, 2009 at 6:00 p.m. to discuss drafting a letter to the Selectman regarding the policy for handling requests to modify Class 6 Roads.

Open Space Subcommittee

Denise updated members of the Commission that at their last meeting Ian McSweeney from the Russell Foundation reported on a NRCS grant approval.

The Conservation Commission discussed procedures for expending conservation funds on conservation easements.

The Conservation Commission will hold a public hearing on October 28, 2009 to approve funding on conservation easement expenses.

Holly Green MOVED, Mark Mitch SECONDED to extend the meeting for ten minutes to go over mail and the budget. The motion passed unanimously.

Mail

The Commission reviewed the intent to cut for Lot 562 and said they have no concerns.

The Commission received a letter from DES to NEC College regarding the multipurpose athletic field and parking area. The alteration permit for Lot 391 and Lot 424 was approved.

Members of the Conservation Commission each received an invitation from the Piscataquog Land Conservancy to attend the Piscataquog Region Conservation Summit on Saturday, October 17.

Budget Review

The members of the Commission discussed their proposed budget for 2010.

Other Business

Mark said they need to schedule lake sampling and discussed sampling a couple of lakes at a time instead of all seven lakes in one day. 

Holly Green MOVED, Mark Mitch SECONDED to adjourn at 9:38 p.m. The motion passed unanimously.

Town of Henniker
Conservation Commission Meeting
Wednesday, October 21, 2009
Henniker Grange Hall

Members Present:         Holly Green, Chair, Mark Mitch, Denise Rico, Terry Stamps,
Martha Sunderland, Thomas Watman, Selectman ex-officio

Member(s) Absent:       Bob Stamps

Recording Secretary:    Cherry J. Palmisano

Chairman, Holly Green opened the meeting at 7:08 p.m.

Preparation for October 28, 2009 Public Hearing on Conservation Projects

The Commission discussed they need to define Executory Interest and determine whether to make a motion that includes all three easements or a separate motion for each easement.

It was discussed that whether the town wants to put funds into the easement monitoring or not, the easements will go through because the easements are privately donated. Denise said they need to discuss whether they want the Board of Selectmen to hold Executory Interest. The question arose that if the town does not put in money, will public use not be allowed.

Martha recused herself from the following discussion at 7:13 p.m.

Tom feels having the Executory Interest mentioned in the motion will be safe. Bart’s motion states accruing the Executory Interest in the easements. Tom thinks Bart is saying the money can only be used for the Executory Interest.

Executory interest means if the conservation holder is not doing their job than the town can step in to protect the easement. The town is the holder of the interest.

The Conservation Commission held a discussion on how to word the motion for the public hearing to be held on October 28, 2009 on three conservation easements.

Denise said their purpose to expend the money is not to gain Executory Interest.

The Commission discussed whether or not public funds can be used for something that may or may not be for public benefit.

The Conservation Commission decided to send Denise’s wording for the motion to the town attorney for review. They will accept whatever the town attorney signs off on. Holly will contact Peter Flynn to let him know that Denise will be contacting the town attorney.

It was mentioned that landowners would like to complete the easements by the end of the year for tax purposes.

The members of the Conservation Commission discussed if they should separate the three motions because they are separate parcels. It was decided it was better to put them all in one motion unless there is public concern at the public hearing and then they would have to separate the motions.

Mark asked if there is a presentation that needs to be made for each parcel for the public hearing. Terry said if there are people present than the presentations need to be made. Denise said they will go over the summaries. It was mentioned that land owners can answer specific questions if there are any regarding their easement.

At the public hearing a town map with the parcels outlined on the map and the top three reasons why it is important to have conservation easements on these parcels will be available. Terry feels they should have a packet available to give to the Selectman and have the definition of Executory Interest included in the packet.

Review and approve the minutes of the October 7, 2009 meeting

Martha Sunderland MOVED, Mark Mitch SECONDED to approve the minutes of October 7, 2009 as revised. The motion passed unanimously.

Report on October 20, 2009 Board of Selectman meeting

Tom said if anyone is interested in a stronger policy than the one that is now on the table he suggests that they come to the hearing and fight for the omissions. Martha said they need to have a special meeting to draft their own letter. The Conservation Commission will hold a special meeting on Monday, October 26, 2009 at 7:00 p.m. Martha will bring merged copies of the two documents.

Denise recused herself from the following discussion at 8:08 p.m.

Mail

Intent to cut Lot 72. Landowner has applied for wetlands permit.

Letter on Wetlands Application for Lot 81 – Dodge Hill Road

The Conservation Commission reviewed a letter that was drafted and made edits.

Preparation for the October 31, 2009 Board of Selectmen Meeting (FY 2010 Budget Request)

Holly said she spoke with Russ Roy and he told her that Bob did not give him any receipts for expenditures. The following budget items were reviewed by the Commission.

• $820.00 was taken out for last years monitoring
• $225.00 dues will be paid
• Lake monitoring will be spent
• Planning and public awareness
• Website $100
• Training on November 4^th $80.00
• $150.00 for booklets that Bob was to order
• Minute taker

Martha will be presenting the budget request to the Board of Selectman at their October 31, 2009 meeting.

Holly will speak with Peter Flynn and then email the revised budget to Martha.

Recruitment Ideas for Open Space Subcommittee members

Holly asked members of the Conservation Commission what kind of skills they would you be looking for in a member of the Open Space Subcommittee. Denise said anyone who is interested in open space and residents who have lots of connections in town with long time residents.

Other Business

The Commission received correspondence from Kate Bartlett regarding funding that is available for the Currier and Ives Scenic Byway; Rt. 202 to Rt. 9 and would also include off the highway. The Scenic Byway Committee has representatives from every town along the byway. Terry said they should check to see if Western Ave could be paved with this fund instead of the town funding the project. The letter of intent needs to be submitted by November 15, 2009. Martha said to apply for the grant they would need the cooperation and involvement of the landowners. It was discussed the funding could be used for anything that could improve the appearance of the scenic byway and the Commission mentioned that White’s Park would be a great project. 20% municipal match is required with this grant.

Mail

File #2009-02231 196, 344 Bradford Road - Letter from the Wetlands Bureau to Patenaude properties stating they received a compliant. Tax Map/Lot#1 / 102

Holly Green MOVED, Terry Stamps SECONDED to adjourn at 9:00 p.m. The motion passed unanimously.

Town of Henniker
Conservation Commission Meeting
Wednesday, October 26, 2009
Henniker Community Center

DRAFT

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

Others Present:              Chip Rice

Chairman, Holly Green opened the meeting at 7:15 p.m.

The Conservation Commission reviewed and drafted revisions to the Class VI road policy the Board of Selectmen had approved at their last meeting on Oct. 20, 2009. Martha will finalize the comments and submit to Peter Flynn for the Selectmen to review. The suggested changes will be read into the record during the Public Forum session of the Nov. 3, 2009 Selectmen’s meeting.

Other business:

Holly presented for review a letter to the NH Dept. of Environmental Services describing what was observed on the site visit to Lot 81, Dodge Hill Road. [I think there should be some detail here – what was observed? - I forgot to write it down]. Denise recused herself from the discussion. The Commission approved the letter for submission.

Bob Stamps MOVED, Terry Stamps SECONDED to adjourn at 8:55 p.m. The motion passed unanimously.

Town of Henniker
Conservation Commission Meeting
Wednesday, October 28, 2009
Henniker Grange Hall

Members Present:         Holly Green, Chair, Mark Mitch, Denise Rico, Bob Stamps,
Thomas Watman, Selectman ex-officio

Member(s) Absent:       Terry Stamps, Martha Sunderland

Guests:                           Bob McCourt, Thomas Patenaude, Jennifer McCourt, Rodney Patenaude,
Barbara C. French

Recording Secretary:    Cherry Palmisano

Mark Mitch opened the public hearing at 7:10 p.m.

Denise Rico said the purpose of the public hearing is to review three conservation easements and to receive public comment on the Conservation Commission expending existing funds from the Conservation Fund to cover the transaction costs and acquire an executory interest in the easements. The easements are being privately donated to the Piscataqoug Land Conservancy or the Society of Protection of NH Forests. The Conservation Commission needs to make a motion to recommend that the Selectman accept the executory interest of these three easements.

Sunderland Easement

The property is located on Freeman Colby Road. There is already 170 acres in conservation and they are looking to add another 107 acres. This easement is being donated to the Piscataqoug Land Conservancy. Forestry permitted, hiking, hunting, horseback riding and fishing. The Sunderland’s are holding a portion of Lot 123 out of the easement. The PLC is asking for $11,442.00 to cover their easement monitoring fund and other expenses.

Goodenough Easement

This property had been a working farm located in the French pond watershed. There were problems in the past with water quality at French Pond due to run off and this conservation project will help. The property is 80% forest and 15% hayfield and has frontage on 3-4 roads. The Society of Protection of NH Forest is asking for $14,480 to cover easement costs and stewardship endowment. The Goodenough’s are holding back a small portion for their homestead. There are 106 acres total.

Rice Easement

This property is located off of Rush Rd (Warner Road). There are 329 acres of forest and wetlands. This property has critical habitat and is ranked highest on the NH Wildlife Plan. There are significant snowmobile trails open to the public and hunting is permitted with permission. The Society of Protection of NH Forest is asking for $14,480 to cover expenses.

Bob McCourt asked how the Goodenough easement will help with run off to the pond. Mark said until recently there were dairy cattle on that land and now it will become forest or hayfield and this protection will protect the pond from any future development in the area. Bob McCourt said hayfields need to be fertilized. Mitch said this easement won’t allow putting the land back into the use it once had. Holly said a conservation easement puts restrictions on the land which would be enforceable through the land trust. Holly said the Forest Society will monitor the property through the easement. Jennifer asked if the Conservation Commission knows the conditions of the easement. Holly said they will see the conditions on the easement from the Forest Society and if the town becomes involved then they would see the wording. Jen said they should know the wording to know what restrictions are being placed on the easement before they agree to spend funds. Mark said the conditions of the easement are between the Goodenoughs and the Forest Society; the funds from the Conservation Commission will aid in the transaction. If was discussed that even if the Conservation Commission does not expend funds the easements will still go through. Jen asked why the town is putting in funds instead of the landowners. Mark said the town is purchasing the executory interest and the funds are going to the conservation agencies not to the landowners. Jen said buying the executory interest means buying the easement and they should know what is in the easement before the purchase.

Tom said whether they give the money or not the easements will take place with whatever arrangements made in the easements; the town is trying to protect the interest if anything was to happen to the Forest Society. Tom said the Forest Society is involved in easements all over the state and this would help them pay expenses. Jen asked if the town did not pay this money who would pay. Tom said it is an arrangement with the landowners and conservancies. Tom said this is a cost effective way to put more land into conservation easements. Jen said they are going to go into easements regardless, so why have the town expend money.

Bob Stamps said this will help encourage more people to put land into conservation. Denise said the funds will come out of the conservation fund. Jen asked if the Conservation Commission went out to get the land. Denise said the Open Space Committee has been targeting landowners for easements. Denise said Chip Rice approached the Conservation Commission in 2004 to put an easement on his property and the Sunderland’s have been working with PLC for years.

Jen said with these conservations easements, especially the Rice easement, there is potential for development and questions if the road needed to be widened for safety can that road ever be widened. Bob Stamps said the rights of the town would not change. Jen said if the road has to be widened for safety, sometimes the state would take land for eminent domain, and asked if an issue like that was taken into consideration? Jen asked if it has it gone before the Planning Board. Jen asked if they want to put the town and state in that kind of situation. Tom said there is no requirement to go before the Planning Board. Denise said it is not appropriate to ask people to not put land next to roads into easements. Tom said even if this arrangement was done without town funding, there would be restrictions put on the easements. Tom said whatever permission you would need to get you would still have to get.

Bob McCourt asked what happens to the easements if the easement holders go out of business and the town does not have executory interest. Denise said there are back up holders in their easements. Jen McCourt said if there is backup wouldn’t it make more sense to use the funds for other easements with particular high conservation value.

Denise said that the Forest Society is devoting a lot of time and money in the town and she can’t she them continuing to do so if the town does not support their efforts.

Tom said the Conservation Commission is trying to get people in town to conserve. This helps the town to reach its conservation goals at a cheaper price by not having those properties go out to the open market.

Jen commented on Denise saying that these easement holders need the money to go forward. Jen said she is hearing Tom say that these properties are going into easement regardless and Denise is saying they need the money. Denise said the PLC is low on funds and this shows the Forest Society that Henniker is serious about conservation and they will continue to spend time and money because Henniker is concerned.

Landowners get federal tax benefits but they are losing lots of money by not selling the land. Denise said the loss that landowners realize can be written off for many years.

Mark said they consulted with both easement holders and the town attorney. The town attorney did encourage them to purchase executory interest. The landowners could limit access and the Conservation Commission is trying to avoid that.

Rodney Patenaude said it sounds to him they are taking tax payers money to buy control if anything happens in years to come. Mark sees it as more than buying the executory interest; he sees better relationships with landowners to protect the town’s interest in recreation.

Jen said there seems to be a lot of fees and asked if there is a bare minimum the town can pay to have interest without spending as much and saving the funds to purchase other high priority easements. Denise said when they discussed the budget it was their inclination to knock off the $800 for legal SPNHF fees which would bring expenses down $1,600.

Bob McCourt asked if the town has any control over not allowing recreational use. Denise said it is between the landowner and the easement holder. Jen asked if the statement of allowing snowmobile use is written in the easement and said they should see what they are getting before expending any funds and should be making sure the rights are stated. Holly said if they have executory interest they would review the easements before signing them, where as if no funds are put towards the easements they would not be able to see the easement conditions.

Tom said these easement holders are agencies that are operating all over the state. Jen said she hears two different things, one that they operate all over the state and two that they need the money to keep going.

It was discussed that the Henniker tax rate will not change; they will still get current use fees. Tom said they need to strike some balance between development and conservation. Tom said people can stop funds from going to the conservation fund at the next vote. Jen said the Conservation Commission did their study on high priority, which she has reviewed, and asked if the study has gone to Planning Board so they are aware of which parcels are of interest. Mark said the prioritization plan has been shared with the Planning Board and they use the information. Mark said that the Conservation Commission is not in a position to tell a landowner to go to the Planning Board before putting their land into conservation.

Mark closed the public hearing at 8:00 p.m.

Denise Rico MOVED to approve the expenditure of $38,802 from the conservation fund for the purpose of acquiring an executory interest in conservation easements on the following three properties:

1)     107 +/- acre property consisting of Lots 123-A and 123-B and a portion of Lot 123 off Freeman Colby Road

2)      329 +/- acre property consisting of Lot 72 off Rush Road (formerly Warner Road)

3)     106 +/- acre property consisting of Lots 117-B, 289-F, and 289-B off French Pond Road and Dodge Hill Road

Bob Stamps SECONDED. The motion passed unanimously.

Denise Rico MOVED to recommend that the Selectman approve the expenditure of $38,802 from the conservation fund for the purpose of acquiring an executory interest in conservation easements on the following three properties:

1)     107 +/- acre property consisting of Lots 123-A and 123-B and a portion of Lot 123 off Freeman Colby Road

2)      329 +/- acre property consisting of Lot 72 off Rush Road (formerly Warner Road)

3)     106 +/- acre property consisting of Lots 117-B, 289-F, and 289-B off French Pond Road and Dodge Hill Road

Bob Stamps SECONDED. The motion passed unanimously.

Mark asked what will happen with this expenditure at the Selectman level. Tom said the Conservation Commission has to get materials to Peter Flynn and schedule the discussion for the November 17 Selectman meeting. Tom said he does not know for certain that the BOS wants to hold a public hearing and said that someone will make a motion and they will probably hold a discussion. Mark asked if the expenditure could be rejected. Tom said they could reject the motion and if the Conservation Commission decides to go through with the expenditure regardless, then the town attorney should be consulted. Mark said he thought the Selectman were voting on accepting the executory interest. Tom said they will do what the attorney tells them.

Tom Watman MOVED, Bob Stamps SECONDED to adjourn at 8:10 p.m. The motion passed unanimously.

Town of Henniker
Conservation Commission Meeting
Wednesday, November 4, 2009
Henniker Grange Hall

Members Present:         Holly Green, Chair, Mark Mitch, Denise Rico,
Thomas Watman, Selectman ex-officio

Member(s) Absent:       Bob Stamps, Terry Stamps, Martha Sunderland

Recording Secretary:    Cherry Palmisano

Chairman Holly Green opened the meeting at 7:33 p.m.

Holly recommended postponing all agenda items other than agenda item #2.

Follow up to 10/28 Public Hearing on Conservation Projects.

The Conservation Commission discussed preparing for their presentation to the Board of Selectmen on November 17. 

Tom said to come prepared with a motion, amount of money, executory interest explanation and details of the properties. Tom said he is unsure if the Board of Selectman will divide the motions into three separate motions.

The packets that will be presented to the Board of Selectman will be similar to the packets that were available for the Conservation Commission public hearing, with the exception of providing landowner names and will include some additional figures that were suggested by Terry Stamps.

Tom feels no one was questioning the need for these properties to be in conservation but rather the need for the town to expend funds towards the easements.

Tom suggested that the information packet be submitted with the request to be put on the agenda.

Denise said she is willing to make the presentation to the Board of Selectman on November 17^th if needed. Denise will have the wording for the RSA’s that states what the conservation fund can be used for and the RSA that governs what the funds from the Land Use Change Tax can be used for. Denise said the town voted to put the money aside and these easements meet the requirements. It was discussed that the motion should include “contingent upon review by the town attorney.”

Holly Green MOVED, Mark Mitch SECONDED to adjourn the meeting at 8:08 p.m.

Town of Henniker
Conservation Commission Meeting
Wednesday, November 18, 2009
Henniker Grange Hall

Members Present:         Holly Green, Chair, Mark Mitch, Denise Rico, Martha Sunderland,
Thomas Watman, Selectman ex-officio

Member(s) Absent:       Bob Stamps and Terry Stamps

Guests:                           Chip Rice

Recording Secretary:    Cherry Palmisano

Chairman Holly Green opened the meeting at 7:20 p.m.

The members of the Conservation Commission reviewed pictures of the NEC parking lot project.

The members of the Conservation Commission discussed water quality issues created by storm water run off from the November 14^th rainfall.

Follow up to the November 17^th Board of Selectmen Meeting

Conservation Projects – The Commission discussed that they need to determine what the next step should be now that the conservation projects have been approved.

Martha said they have not finalized their easement documents and they decided to hold off until January for tax purposes.

Mr. Chip Rice said he spoke with Brian Hotz and feels that they will be signing the documents by the end of the month. He said once they and the Forest Society sign, then they go through town counsel. Mr. Rice said their easement should be done by the end of the year.

Old Warner Road Issue – Tom told the Commission if they see that the plan is missing anything they feel it needs they should contact Peter Flynn, Town Administrator, as soon as possible. It will be open for changes until Peter marks it complete to submit.

Chip Rice asked if the application was approved last night. Tom said the process was started and now the applicant has to submit information to satisfy the standards to the Town Administrator. Tom said once the Town Administrator gets all the information he brings it forth to the Selectmen then the rest of the process begins (hearing).

Martha said she looked at the plan and noticed there were no culvert sizes listed. She suggested that the Commission compile a list of items they feel they need answered and submit them to Peter Flynn.

Mr. Rice said his position on stonewalls is that they define boundaries, the size of the road and he is opposed to moving them. He said if they move the western wall it encroaches on Henniker land and if they move the eastern wall it encroaches on his land.

The Commission determined they should request that the following concerns regarding the preliminary drawings of the Old Warner Road application be addressed:

·          Diameter and length of culverts

·          Stonewalls

·          Sub grade fill and base material – what is clean fill referring to

·          Estimate of the total volume of fill (would give an idea of the scope of the project)

·          Redraw cross sections to scale and make real section drawings of areas where the slope runs parallel to the road bed

·          Date of work / construction

·          Total length of road to be constructed

·          Set back of vernal pools from the road (to determine wildlife impact)

·          Sediment run off into Amy Brook (can be used to determine environmental impact)

·          Acknowledge they are crossing impaired water and address what measures will be taken

·          Show the portion of Old Warner Road that crosses their own property (Lot 99) if it is going to be improved

·          Is there an alternative access that does not require Class VI road access

·          Types of vehicles – weight and amount of traffic (danger to wildlife)

·          Timber – do they keep or does it go to the property owner

Tom does not know what they need to answer the question of environmental impact. Mark assumes there are other necessary permits that will be needed. Tom hopes the Board of Selectmen will get enough information from other sources to know what types of permits will need to be applied for.

Mark raised concerns that we not make the process too onerous for all applications. Holly said wildlife is a very significant impact in this case.

Holly Green MOVED that they send a letter to Peter Flynn with the information requested that has been discussed, concerning the permit to haul application/preliminary drawings of the Old Warner Road application. Denise Rico SECONDED the motion and it PASSED unanimously.  

Review of minutes dated October 28, 2009 and November 4, 2009

The Commission tabled the approval of minutes.

Mail

Intents to Cut

Lot 139C, Liberty Hill Road, 12.5 acres. It was discussed there is a large stream on the property but the planned cutting was not near it. The work is being done by Hopkinton Forestry. The Commission saw no problems.

Lot 349E, 28 acres / they are cutting 15 acres. The Selectmen signed the intent to cut on October 20th. The Commission discussed they should look at the buffer. They said it is worth a visit to the location even if they are completely compliant. They will be scheduling a site walk.

They received notification of forest management of timber harvest activities having a minimum wetlands impact. Harold Rice, tax Map/Lot 1 / 72. Notice is sufficient to start work.

Other Business

Holly asked if there is anything they need to discuss prior to the first reading of the Class VI road proposal. Tom said it will be 3-4 weeks before it goes to public comment.

The Commission discussed NEC parking lot and said they are not sure how much more manipulation will be done. Martha asked if they can send something asking about storm waters. Denise said they need to be more aggressive and it needs to be addressed before the ground freezes. Martha said we should send them the pictures letting them know that the Commission has observed.

Denise will be contacting Eric at DES regarding water regulations. It was discussed that water quality needs to be documented and a chart compiled.

Holly informed the Commission that the Central New Hampshire Planning Commission, Currier and Ives Byway, asked if the Henniker Conservation Commission keeps a list of unprotected parcels that are of interest for protection. They said the Conservation Commission does not have a list. They did mention Lot 381A which is town owned and the lots between the river and Rt. 202 on Brown’s Way.

Martha Sunderland MOVED to adjourn. Mark Mitch SECONDED the motion at 9:20 p.m. and it passed unanimously.

Town of Henniker
Conservation Commission Meeting
Wednesday, December 2, 2009
Henniker Grange Hall

Members Present:         Holly Green, Chair, Mark Mitch, Denise Rico, Terry Stamps,
Martha Sunderland, Thomas Watman, Selectman ex-officio

Member(s) Absent:       Bob Stamps

Guests:                           Ken Erikson, Jennifer McCourt, Paula Amato, Gary ______

Recording Secretary:    Cherry Palmisano

Chairman Holly Green opened the meeting at 7:05 p.m.

Jennifer McCourt discussed the letter that the Conservation Commission submitted to DES regarding NEC. The letter discussed matters that were to be taken care of before the next rain storm. She said they have been working long and hard with Mark Fougere. Jen told the Commission that all storm water precautions under DES were in place. To remedy the situation they created a secondary sedimentary pond to clean the water before it got to the spring. She said they have been doing everything possible, with the technology available, to keep the water clean. She said they are trying to get the site complete as soon as possible to eliminate any further erosion.

Tom asked who is legally responsible to see that the regulations are followed. Jen said it is the builder’s responsibility. She feels with the technology available today they are doing all they can. She feels it is a greater issue than the clean water; there is the practicality of the law as well. Tom would be interested in the responsibilities of the contractor and owner to make sure these regulations are followed and to know the law. Tom said it should be up to the owner, not the Conservation Commission, to report issues. Jen said there is no requirement for them to report themselves.

Martha said the letter is requesting to remedy the issue, which Jen stated there is. Martha said the letter is for documentation. She said if they are working to remedy the situation, then that is what they are asking was to be done. Martha said any committee would work in the way they did by writing the letter. The letter was written to the entity in charge. Jen said they could have called the owner. Martha said she did initiate a call and the problem was not remedied. Jen said they thought they had taken care of the problem, it was later that they discovered the spring which initiated a different set of solutions. Jen said she found the spring by pure accident while walking the property after a rain storm.

Paula Amato said the letter was dated November 20^th which was right before the holiday and the problem was already remedied. Paula said by the time they received the letter they had taken care of multiple issues. She wants to assure the Conservation Commission that they are doing everything that they can and that the contractor is doing whatever they can as quickly as possible.

There will be a site walk on Thursday, December 3^rd at 9:00 a.m.

Jen said the storm tank system (underground) is completed and they are creating the berm. They are trying to keep runoff contained before it gets to the wetland.

Martha said it is fair to say the project has received a lot of scrutiny, because it is big and it is right next to the river. The CC are looking to make sure they are keeping on top of it.

Mark asked if there is going to be a way to install a bridge to Alumni Park. Jen said the last conversation she had, was to wait until everything was frozen to minimize any damage.

Mark asked if there was going to be any issue later on because Grove Street, which is a Class VI road, is gated and locked. Jen said it is just locked during the construction for safety and liability issues. Mark asked if it was legal to put a locked gate across a Class VI road. Tom said no it is not, according to the law, approval is needed.

Denise asked what the expected completion date of the parking lot is. Paula said before December 18 it will be graveled, but not paved until next year.

Pats Peak

Holly said she made it clear, when she gave the letter to Ridge Mauck; it was to keep him in the loop but not to file a wetland complaint. Jen said in talking with Ridge he did not understand that. Jen said they came to the Conservation Commission and showed them the plans and explained what they were doing. Jen said that kind of sediment, and probably more, has always been coming off that site. Jen said all of the water from the gravel parking lot goes into a catch basin. Jen is assuming the stream tested was to the east of the driveway and said not that much drainage from there goes over the driveway.

Mark said usually the standard ntu for the water is ten. He said there was a huge amount of sediment in the water. Denise thinks this kind of sedimentation is a huge issue. Jen said they are working on it. She said those parking lots were created in 1960 so that they’re grandfathered and they have put in new pavement to keep the area from eroding. Denise asked if there has always been that amount of sedimentation from the parking lot. Jen said yes. Martha said they need to ask Kris if he has any other project going on that would cause this and if there is nothing else going on, they will need to work on storm water control off the parking lot.

There will be a site walk Thursday, December 3 at 10:00 a.m.

Terry said she interprets Kris’s letter to be saying the Conservation Commission was withholding information. Jen said Kris sees that they have improved the sediment control on site and that the erosion would have been worse to not have done this.

Denise said the CC needs to do some follow up with DES to see if runoff from the parking lot is a grandfathered issue. Terry said if the expectation is that it does not go over 10 ntu then they need to follow up. Mark said that turbidity of the water tested measured 382 ntu; the murkiness of the water is measured by a beam of light that penetrates through the container. 

Henniker Sand and Gravel

Jen said she knows they need to get permits for wetlands and said the DES Wetlands Bureau is working with them to try and address the issue. Mark said because of siltation Amey Brook is identified as impaired water. Terry asked when they will address this. Jen said DES and the engineer are working on a solution.

Tom asked if it was common practice in these cases for the Commission to go back out and test. Mark said over the years they have done enough periodic testing to have data.

The Conservation Commission discussed that the letters they submitted were not in the form of compliant, but rather for documentation purposes.

Currier and Ives Byway

Mr. Ken Erickson told the Commission that there was a presentation, by the Central New Hampshire Planning Commission, to the Board of Selectmen. He said it is the charge of the Selectmen that the Conservation Commission and Paper Mill Restoration Group both hear the Currier and Ives Byway Committee presentation. Mr. Erickson said the present proposal is very limited. He said there is 80% federal funding, but the other 20% needs to be funded. He went to the meeting and gave a short presentation on the plans for the paper mill. He said he presented a cost of $250,000 and they didn’t bat an eye. He said they seemed extremely interested in the project and thinks there is a possibility of getting funding. Mr. Erickson said his goal is to have a warrant article for the 2011 town meeting and at the same time he is looking for other resources for funding. He said the town did approve the funding of the $50,000 engineering study. He asked if they can work together and thinks there needs to be formal recognition for this committee.

Tom said each group could have representation and they can form a subcommittee that would be approved by the Selectmen.

It was discussed that the Riverwalk Committee could join as well.

The Papermill Site Restoration Committee meets on December 17.

It was discussed there will be a fair amount of activity in the next months and getting a more diverse group together could help find other sources of funding.

Mr. Erickson said he would like a member of the Conservation Commission to join the committee. The Commission will discuss this on a future agenda.

The Currier and Ives Scenic Byway is meeting on December 10.

MEETING MINUTES

Martha Sunderland MOVED, Denise Rico SECONDED to approve the minutes of November 18, 2009 as amended. The motion PASSED; Terry Stamps abstained.

Holly Green MOVED, Tom Watman SECONDED to accept the minutes of November 4, 2009 as written. The motion PASSED; Terry Stamps and Martha Sunderland abstained.

Denise Rico MOVED, Mark Mitch SECONDED to approve the minutes of October 28, 2009 as amended. The motion PASSED; Martha Sunderland and Terry Stamps abstained.

Tom said when Jen filed the permit to haul, there were no guidelines in place. Martha said Jen cannot move forward at this point. Martha said to email Jen to be clear on what they submitted should be included on a complete plan and that they did not interpret that plan to be the final offering.

Report on December 1, 2009 Board of Selectmen Meeting

Mark said the Board of Selectmen reviewed the proposed policy for handling requests for modifying Class VI roads. Mark said in general, it seems to be moving forward. Tom said the first reading was stalled to review it and have the attorney review as well. Mark said the next Selectmen meeting will be a continuation of the first reading. It was discussed that the first public hearing will most likely be in January.

Holly Green MOVED, Mark Mitch SECONDED to extend the meeting for further discussion on the Selectmen’s meeting, intent to cut and other business. The motion PASSED unanimously.

Tom said the budget, if no changes were made, at the moment would reflect an increase of $3.00 per thousand. Tom said the Board of Selectmen will be having a budget meeting. Tom forewarned the Conservation Commission that there may be a possibility of utilizing some of the funds from the Conservation Fund to use as tax relief. Tom said there will be about $196,000 left in the Conservation Fund at the end of the year. Tom said to use these funds would require a town vote. It was discussed the valuation of the town (property values) have gone down 5%. Tom said they used $300,000 this year to reduce the tax rate and their options are getting more limited.

Mark Mitch MOVED, Holly Green SECONDED to extend another fifteen minutes. The motion passed unanimously.

MAIL

Intent to Cut Lots 91/91A

Liberty Hill Road – There is no indication that they will not be cutting through the stream. There is a fairly significant stream on Lot 91 that is along the driveway. Denise said it raises the question that if they get the permission to haul they would update the crossing. Martha said she felt it is not likely, because it is only 20 acres and they probably would not invest that much money into it.

The Commission discussed that the intent to cuts should come to them as soon as they come into the town office. Martha will be discussing this concern with Peter Flynn. Holly will be asking for the check list for the intent to cut on Lots 91/91A.

OTHER BUSINESS

The Commission discussed that students from John Stark High School will be presenting to the Conservation Commission and they will invite the Open Space Sub Committee as well.

Denise would like to schedule a presentation for the Asian Long Horned beetle.

Mark Mitch MOVED, Terry Stamps SECONDED to adjourn at 9:38 p.m. The motion passed unanimously.

Town of Henniker
Conservation Commission Meeting
Wednesday, December 16, 2009
Henniker Grange Hall

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

Member(s) Absent:       Bob Stamps, Thomas Watman, Selectman ex-officio

Recording Secretary:    Cherry Palmisano

Chairman Holly Green opened the meeting at 7:10 p.m.

Meeting Minutes

The Conservation Commission reviewed the meeting minutes of their December 2, 2009 meeting and made necessary edits.

Terry Stamps MOVED to accept the minutes of December 2, 2009 as amended. Martha Sunderland SECONDED the motion and all were in favor.

Mail

Holly will scan in the intents to cut and email them to the members of the Commission.

The Commission received a letter from Jen McCourt, in response to comments made by the Conservation Commission concerning the upgrade of Old Warner Road. Jen McCourt is requesting to come before the Conservation Commission to discuss the issue. The Commission feels they need to speak with Jen McCourt to inform her that they are still expecting to see their submission.

Mark asked if when the plan was originally submitted by Jen, if it was the permit to haul application. Denise said when she first saw the plan it was clipped to the permit to haul application.

Martha said the Selectman did not adopt a policy on Class VI roads and the Selectmen are going to review the plan and act on it accordingly.

Denise asked what happens if they don’t get the crossings permitted. Mark feels they will. Denise asked what would be the reason to permit crossings. Mark said the initial purpose was probably logging. Denise said the applicants have testified in Selectmen’s meetings that their purpose was to access Old Warner Road. Mark said that comes down to the Old Warner Road issue.

Martha asked if the Planning Board was presented with the same plan. Terry said she believes it was the same, but there was no presentation made to the Planning Board by Jen.

The CC said they did not get a letter from the Selectmen requesting their input and they have not been asked to comment on a complete plan. Martha said they haven’t actually been requested, in order for this application to be reviewed it would have to be accepted as complete. She does not believe it is an application. Terry said the Planning Board has not made any merits on it.

The Commission discussed sending a letter to Peter Flynn and the Board of Selectmen to clarify that the CC has not reviewed the application. The expectation is that the BOS will not complete their review nor make a decision regarding Old Warner Road until the CC has been asked to review the plan. The CC has only reviewed the completeness of the map submitted as part of the application by Mink Hills LLC.

The Commission discussed that there is no policy Class VI road policy in town but the BOS is going to review this plan individually for the upgrade.

Holly asked if this will address Jen McCourt’s letter. Martha feels she should be contacted by phone and that clarification needs to be made.

The Commission wrote a letter, to the Board of Selectmen, in response to the DES letter of deficiency dated December 1, 2009 regarding the upgraded road on Lot 102 (Sayce Rd). The CC recommended that no action be taken on the application by Patenaude Properties to upgrade Old Warner Road on lot 72 or lot 98 until the DES requested actions on lot 102 have been complied.  

The Commission discussed that this application has to go through the process whether the BOS votes it down or not.

It was discussed that DES might not know that Patenuade Properties, Henniker Crushed Stone and Mink Hills LLC are actually all the same.

The CC said that if Patenuade Property does not respond by January 15, 2010 a letter or a fine will be initiated.

The Conservation Commission discussed follow up letters to site visits to Pat’s Peak and New England College.  Denise will make the corrections that the CC discussed and email them to Holly to put on letterhead and send them to the proper destinations.

BUDGET

The Commission received a letter from Tom Watman stating that the Board of Selectman can’t take money from the Conservation Fund and use it to offset taxes.

Holly said she spoke with Bob Stamps and his thought was that you could take money from the Conservation Fund, give it to the town to be put back into the General Fund, the town would agree to make it a town forest, and the monies would go back into the General Fund to reduce taxes.

Holly will speak with Cordell to clarify what he said to Bob Stamps.

Terry said a vote is required by the Conservation Commission to expend money from the Conservation Fund.

Martha asked if there is a way, since this piece of property is likely to go up for sale, to exchange conservation funds for a reversal of that policy.

The Commission discussed that when Tom Watman first mentioned taking money from the Conservation Fund to offset taxes they questioned whether it was legal to do. Holly said the procedure is set forth in state statute and there is strict criteria that needs to be met for how that money can be spent. Terry asked if they should ask town council if there is a way to take $70,000 from the Conservation Fund and deposit it into the General Fund. The members of the Conservation Commission said they would not even be in favor of asking town council. Martha said they need to protect the long term interest of the town and protect the money in the fund. Terry said she supports conservation; she is just looking at things differently. Terry said it would show the Commission taking a high road and looking beyond to see the collective goal that they have a tax issue in town. Holly said she thinks it is clear they can’t use that money in the fund. Denise said that preserving land reduces taxes in the long run. Denise feels the money is better spent in that fund and not going into the General Fund. Mark said it is worth asking Cordell about trading for lot 98. It was discussed that by a vote of town meeting they can move the rollover money into the General Fund; separate of Land Use Conservation money.

The Commission discussed submitting a warrant article. Martha said they can propose something and then the Selectmen can decide whether to submit it or not. February 22, 2010 is the last day to post. Martha said in the past when they brought an article to the BOS, if they did not recommend it, the CC could put it on as a petitioned article.

Martha asked what the provisions are when land is designated as town forest. It was discussed the provisions are all defined in the RSA.

Holly postponed the water quality investigation policy to their next January meeting.

Terry Stamps MOVED to adjourn at 9:40 p.m. Mark Mitch SECONDED the motion and all were in favor.

Top of Page

Conservation Commission Home