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Town of Henniker, New Hampshire Conservation Commission
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2010 Minutes
Town of Henniker
Conservation Commission Meeting
Wednesday, January 6, 2010
Henniker Grange Hall
Members
Present: Holly Green, Chair, Mark Mitch, Denise Rico, Bob Stamps
Martha Sunderland, Thomas Watman, Selectman ex-officio
Member(s) Absent: Terry Stamps
Guests: Chip Rice, Rick Humbodt
Recording Secretary: Cherry Palmisano
The Conservation Commission reviewed and made edits to the minutes of December 16, 2009.
Martha Sunderland MOVED to approve the minutes of December 16, 2009 as amended. Mark Mitch SECONDED the motion and it PASSED. Tom Watman and Bob Stamps abstained.
Letter re: State Wetlands Law
The Conservation Commission reviewed and made edits to a letter to the Henniker Legislature Delegation regarding House Bill 222
Bob Stamps MOVED to send the letter as amended. Mark Mitch SECONDED the motion and all were in favor.
Chip Rice asked if there was a member of the Committee who could testify in favor of the bill. Martha and Mark said they would be willing.
All Conservation Commission members’ names will be included in the letter. Martha will sign the letter on behalf of the Commission.
Report on 1/5/10 BOS meeting
Holly said all were present at the BOS meeting, except for Bob. Martha said to note that they need to watch for an official application for the Old Warner Road project around February 15; there will be a deadline to review. Bob commented on the Planning Board stating that the application not go forward because of previous violations, town counsel also said not to wait. Martha said it was mentioned that the Planning Board had not commented on the plans; if they don’t make a comment it leaves the applicant without sufficient information. Mark said the BOS Chairman was implying that they should have responded on the completeness of the application. Tom said he understands, from town attorney, that Henniker Crushed Stone was looking for a quick response and the Selectmen should not hold up their response to do something because of waiting for other committee’s responses. Denise said the resolution of the wetlands and alternation of terrain violations on lot 102 are directly related to their accessing Old Warner Road. After DES gets done with them it could be a moot point.
Warrant for Lot 98 – town forest or conservation easement
Denise said they discussed either a conservation easement for lot 98 or putting into town forest. Martha said the town could vote to change the designation and take it out of town forest. Town forest is not an equivalent of an easement. Tom said there was no formal declaration of that lot being a conservation area, just to hold from public sale because of the interest for conservation. Tom said the Selectman could request, on town warrant, permission to sell the lot. Bob asked if they were to suggest a warrant to ask the town for an easement, do they do this before speaking with people about the easement. Martha said people will not want to invest time until they know there is permission. Don’t need to ask to expend funds, just permission to do the easement. Martha said it would be up to the Selectmen to sign off on an easement document.
Denise asked if they want to ask the BOS to submit this as a warrant article. Martha thinks yes. The deadline for submission for petitioned articles is February 2; if they want to ask to put it on it has to be done ASAP.
Martha said the Conservation Commission has walked the property and felt it was a valuable property. The property abuts another easement and continues a corridor. Martha said an easement would improve the future of open space and recreation of that whole piece of town, part of Mink Hills area of interest. Bob thinks they should try and get a warrant. Tom asked the CC if they are sure they can win the battle; the town has a dispute heading to court already in that area. Tom said he is hoping there is no warrant article for the town to sell the property. Tom said Henniker Crushed Stone has shown a significant interest in that area other than conservation. Denise said the Commission has shown interest in this property for many, many years. Tom said to be cautious. Tom said there is no way to assume that Henniker Crushed Stone would be the only one interested in purchasing the property.
The Old Warner Road issue could be tied up in court for a long time, but ultimately they want access other than off of Rt. 114 to that gravel pit and if it gets tied up in court they could have more interest in lot 98 at that point. Martha said they could have another opportunity to argue for conservation easement. Martha said the possibility could be to put it into an easement and sell it on the same warrant. Tom asked if they are sure they can put the article on. Martha said it is already town land, they would not have to vote to accept it, but it would be the same procedure to put into an easement. The Selectmen could say it is not a good time to create an article to sell it. Bob said they would have a better chance at town meeting to not approve selling it, over putting it into an easement. Tom said deciding not to sell leaves it open ended. Bob thinks they have a much better chance of losing, and have a better chance when the dust on the issue settles. Martha said no matter what happens they will still have the opportunity to put it on again. Tom said the petitioned articles deadline is earlier than the Selectmen’s deadline to decide. Martha said assuming it goes on a future warrant; if it doesn’t pass or doesn’t come up they will still have the opportunity in the future. Tom said he does not think the BOS will put this on this late with the issues going on. Mark said the only reason he could think of to do it at the last minute is the current economic situation in town. Tom said the timing is not good to put before town.
Bob Stamps MOVED to table the idea of proposing anything for Lot 98 for the warrant. Mark Mitch SECONDED the motion and all were in favor.
Warrant changing the status of Old Warner Road to Class B trail under RSA 231:
Denise said she has had several people ask her to bring this up for discussion; to have no vehicular access to Old Warner Road. If it were to pass it could help keep the town out of further litigation. Any landowner could appeal for assessment of damages, some confusion from people, whether or not this is a case that could cause damages, just a piece of class VI road. Bob said people wanting to have access would make the case that it would be a more efficient way. Martha said the status of Old Warner Road is not resolved and they can’t have the town vote on an assumption that Old Warner Rd is a Class VI road and could be changed to a Class B trail, without a decision on its classification. Martha thinks it has not been resolved by all parties and could be tested, this would be asking the town to make an assumption that significant interested parties would not agree with. Martha said the court is the powers to be. Bob said who would stop it. Martha said the landowner, conservation easement holder, the town and the people who want to upgrade the road. Bob said he is not seeing anyone in an official place saying it is not a Class VI road. Tom said there is a minority and the town attorney said it is hard and costly to prove one way or the other. Tom said the question was raised at the Selectmen’s level. Martha said if they were to put this request on the warrant and if it were to pass or not pass it plays into the issue. Mark said given the situation he does not see it appropriate to put the warrant through the Selectmen; he said it would have to be petitioned. Twenty-five people would be needed to be put on a petitioned article. The Conservation Commission can request that the BOS put a warrant article on for them, but they cannot submit a petitioned article. Denise is afraid of the damage this could cause and is uncertain of what to do. Mark does not see it as a practical interest for this to come from the Conservation Commission. Mark does not see it to be successful with the Board of Selectmen at this time. It was discussed it could be a private petitioned article to give public permission.
Denise asked if it would be Ok with CC if she contacted LGC to ask about the damage clause. The Commission feels it would be important information for them to have; the question would have to be answered.
A Town Report article
Martha Sunderland MOVED to do nothing in regards to the warrant on Old Warner Road except to explore the meaning of the damage clause in RSA 231:A2. Mark Mitch SECONDED the motion and all were in favor.
Preparation for budget presentation on 1/14/10
Martha said she does not have the final numbers. Denise has expenses she has not submitted from 2009. Holly will get the updated figures from Peter Flynn and get them to Martha.
Intents to Cut
Lot 742, owner
Miller, accessible from Rt. 114. 50 Acres. 20,000 ft of white pine, 30,000 of
hardwood, 4,000 tons of whole tree chips, 100 tons of Hemlock, 100 tons of
Aspen. NBC Timber. Martha said that is a heavy cut for 50 acres. Mark said there
is no indication of wetlands and does not see need for a site visit.
Start date: 12/31/09 - NO action
Lot 63, Aucoin Farms. Scattered cut, 125 acres. white pine and 50 cords of hardwood.
Start date: 12/15/09 - Wetlands permit was not checked off. Martha said to send the standard letter about if they are cutting in wetlands then a form would need to be submitted. Holly will tell Cindy that the lot number listed is wrong on the official form.
Lab results from fall lake water quality testing
Mark said there is nothing that raises a concern. There is an improving situation for French Pond for phosphorous and no evidence of any additional water impairment.
Letter of Deficiency WET 06-153
Lot 97, forestry, to follow up on letter of deficiency dated December 21, 2006. Due to the failure to bring the site up to an acceptable manner, a fine will be assessed.
Wetlands Bureau Compliant File #2009-03040
929 Old Concord Road, Henniker, Tax Map/Lot #6/551
Letter to Dennis Sturms
Denise recused herself from the discussion.
The Commission discussed that DES received a compliant dated December 30, 2009 of a possible violation, regarding placing fill on wetlands without a permit or permission from DES.
Holly said someone came into Town Hall asking if there was a wetlands permit. Holly called Dennis Sturms, the owner, at 6:30 pm on 12/23/10. He said he would make sure the contractors stay well away from the low wet area (they are finishing up today).
He went on to say it was his understanding that the work had not gone into the wet area, but that after getting Denise’s call, he left a message for a wetlands scientist to come out right away and delineate the wetlands so that it would be clear.
Holly told him to call me with an update once this is done. Holly also told him that if it turned out some of the work was indeed in wetlands, he would need to file an after the fact permit and that, if needed, she could walk him through the process.
Brust property – Dodge Hill Road
This is notification of the compliant. It was discussed there needs to be a deadline given if no information is submitted, that a compliant will be filed.
Notices of public meeting
The Central New Hampshire Regional Planning Commission Public meeting for Contoocook-North Branch Rivers Management Plan Update will be held on Monday, January 25, 2010.
Town Report Article
Denise said she thinks they should write an informational piece on what the Conservation Commission does. The following is a list of items the Commission discussed including in the article.
Denise would like to go forward with a seminar on the Asian Long Horned Beetle for the spring time.
Holly said the article is due in late January; she will draft the article for the CC’s next meeting.
Water Quality Investigation Procedures and Policy
Concerns with Pat’s Peak in regards to protocol. Martha said Pat’s Peak asked how often they check turbidity. Denise said that Pat’s Peak said the Commission’s letter to DES was too harsh and they should have been contacted first.
Martha said in response to who a letter should go to, they have traditionally cc’d landowners, DES, Selectmen and Peter Flynn. The Commission discussed the need to cc to involve all parties where action should be taken. Martha said Jen thought because they cc’d the state, they were filing a complaint. Martha said when the Commission has filed a complaint it has been a formal complaint and very clear. The Commission said they would only cc the state when it is a concern that the state is already involved in. Tom asked if they know how DES handles the letter. Martha said they should have an understanding with the state on how they regard a cc’d letter. Tom said if it is just informational, a note could be stated on the bottom of the letter. Mark said they would cc an agency because the Commission felt it was important to document and DES may want to respond quickly based on the severity. Mark said the interest of the Commission is to document the events; they are looking for a pattern over a long period of time.
Denise commented on sending results of water quality testing, she thinks it is important that the state has a record of continued water quality impairments.
Holly Green MOVED to extend the meeting for an additional ten minutes to cover other business. Martha Sunderland SECONDED the motion and all were in favor.
Mark asked what water quality monitoring the Commission would want to do on some of these sites and where does the Commission want to keep the data. Mark said they should monitor on a regular basis. Martha said the Commission should keep a topo map of where there are water quality issues, where the Commission is monitoring, and why. Mark said the Commission is monitoring upstream and downstream of land disturbances and said the issue is during high flow events. Mark said the Commission does have base flow data. Denise will create a map. Martha said they would have established their goal for monitoring. Terry said to communicate to landowners, what areas have been identified for monitoring and results. The Commission discussed the need to notify a landowner if they need to cross their land to obtain water samples.
Other Business
Mark mentioned the Cynobacteria Conference in Massachusetts. The conference specifically discusses Cynobacteria blooms and how it is being handled in New England.
Holly said there is a tracking workshop, being organized through the Piscataqoug Land Conservancy. The PLC is asking if the Conservation Commission wants to send someone to the tracking workshop. The workshop would teach the Commission how to monitor wildlife tracking. The cost of the workshop is $500. Denise asked if there were others ways to be taught rather than spending the money. Holly said she would like to pursue more wildlife tracking and said if the Commission was interested she would be willing to go and pay half the cost of the course. Holly said she was looking for feedback about how useful this information would be to the town. Being able to track populations of wildlife would help them to justify conserving a specific area because of wildlife, they would have information to back it up and if they know what is out there they could argue for its protection. The Commission is not interested in this course because of the price, but would like a forum or presentation on tracking animal populations. The Commission discussed possibly having students gather information on wildlife populations. Mark said for the Commission to pursue this it would be an enormous commitment.
Bob Stamps MOVED to adjourn at 9:40 p.m. Mark Mitch SECONDED the motion and all were in favor.
Town of Henniker
Conservation Commission Meeting
Wednesday, January 20, 2010
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 Palmisano
Martha Sunderland discussed the Conservation Commission budget. The 2010 net budget of the Conservation Commission is $3,750.00.
February 2, 2010 is the public budget hearing at the Henniker Community Center.
Mark Mitch informed the Commission that Maria Colby, Wildlife Rehabilitator, asked if the Commission would be interested in holding a talk about bat health. Mark said the Commission could host a talk that would be open to the public at the Henniker Community Center. Mark said the talk would be regarding a fungus that is killing off bats and becoming recognized as a world wide phenomenon.
Review and approve minutes for 1/6/10
The Commission will review these minutes at their next meeting.
Report on 1/19/10 Board of Selectmen Meeting
Martha said the Selectmen struck the non public session requested by Jen McCourt. Martha said a bunch of people spoke about town owned lands. She said the Selectmen reviewed the list of town owned lands from 2007, plus the lots the Commission asked to be held out. They discussed that some lots have been sold and some offers have been made. Denise said the Selectmen decided not to sell lot 381A. Mark said the original warrant article said the funds from the sale of that land would go to the renovation of the paper mill site. Mark said the article passed to sell the eastern parcel with 10% to go towards that work. Tom said that DRA said there was a problem with the motion. Once they have resolution they will be able to move forward with whether or not it should go up for sale.
· The Pond on Gulf Road – off the market because the deed is not settled
· Stonehedge Drive –trying to sell, no one interested
· 408A – located at the end of the field, held onto it to see if the school was interested, they are not, gives access to covered bridge
· 349J – along river
· 402 – across from Police Department and River Meadow
Tom Watman said the Selectmen are asking for more information and then they will review the lots to see if they can sell them. He said that the Selectmen did not discuss lot 98 because of a conflict of interest.
Martha said the Conservation Commission needs to put together a report for the Selectmen. Martha said any lots that are large and could be of interest they should do a site walk. She said these lots could all be possible lots for future timber.
Tom said the Selectmen discussed that nothing would be done with lot 98 until they check with town lawyers, the Conservation Commission was consulted and a public hearing would need to take place.
Martha said the question was raised why lot 660XX was not on the list.
Martha said they need to give the Selectmen feedback on Lots 47, 50, 98, 660XX and the river bank pieces.
Martha said she suggests that they listen to and have access to Barb Beers and the John Stark student’s comments on Lot 98 before returning to have a broader discussion on Lot 98.
Tom said the legal opinions concerning Class VI roads are now available for public viewing.
The Center NH Planning Commission is requesting appointees for the Currier and Ives Scenic Byway Commission. Martha said it was discussed that the Selectmen wanted a local meeting.
DES Wetlands File #2009-02040 929 Old Concord Road, Dennis Strums, Back Bay Stone
The letter documented that 3.2 acres of land was cleared, 225 sq ft of wetlands was dredged and improperly installed silt fence was observed.
Pat’s Peak
The Commission received a letter from Pat’s Peak to inform them they were in receipt of their December 28th letter. The letter is also a progress report regarding the silt trap, which was not cleaned out because it is frozen and when the temperature is above freezing they anticipate this work to be done. A stone check dam has been installed in the upper parking lot and the water diverted to the other bank. The letter also states that Jen McCourt will incorporate a comprehensive plan into their summer 2010 plans.
The Conservation Commission reviewed the letter they drafted to submit for printing in the Town Report. The Commission will also be gathering pictures to include in the Town Report.
Other Business
The Commission discussed signing up Mike Peck as an alternate member of the Conservation Commission.
The John Stark Students will be presenting to the Conservation Commission at their next meeting.
Mark told the Commission that he went to the Cynobacteria Conference. The conference reported on what the New England states are doing in regards to Cynobacteria blooms. Each state gave an update of their progress, NH was the most productive.
Mark Mitch moved, Terry Stamps seconded to adjourn at 9:05 p.m. All were in favor.
Town of Henniker
Conservation Commission Meeting
Wednesday, February 3, 2010
Henniker Grange Hall
Members
Present: Holly Green, Chair, Mark Mitch, Denise Rico, Bob Stamps,
Terry Stamps
Martha Sunderland, Thomas Watman, Selectman ex-officio
Guests: Chip Rice, Joan O’Connor, Kris Blomback, Patrick Dustin, Jazmin Aguayo, Sammie McAllister, Josh Boisvert, Julie Carinan, Kiera Thiel, Matt Reynolds, Kyle Mchugh, Michael Flecchia, Carol Brown, Alison Hathaway, Meredith Wheeler, Aimee Castonguay, Pam McCune, Jacob Poirier, Isaac Winant, Barbara Beers, Peter Davenport, Phil Matzke, Bryan Wagner, Jen McCourt, Tom Patenaude
Recording Secretary: Cherry Palmisano
Denise Rico thanked the students and teachers of John Stark for all their efforts.
John Stark Regional High School students’ presentation on Natural Resources Inventory of town owned parcels Lot 47 and Lot 98.
Barb Beers thanked the Conservation Commission for their support on this project. She said that there were 110 sophomore, junior and senior students involved in the project.
The students informed the Conservation Commission that they made a plot of Lot 47 and identified wildlife and plant specifies.
A Natural Resource Inventory Report and PowerPoint presentation were presented. The students kept nature journals when they visited the lots. The students wrote newsletters for the John Stark newspaper and created bulletin boards around the building, which included pictures of the lot.
Ms. Beers, Mr. Matzke and Miss Lavoie were the teachers that assisted the students with the project.
The students visited the lot on September 30, October 1, October 16 and October 18, 2009. Their training to be able to identify trees, ground cover, amphibians, birds and mammals located on Lots 47 and 98 was conducted on the property of John Stark before visiting the lot.
Results
In the south eastern corner the most dominant tree found was the Eastern White Pine.
Royal fern was located in three locations and is an indicator for wetlands. Many specifies of wildlife were identified. Beaver, moose, white tail deer and hairy woodpecker were some of the species determined to be on the property. Signs of previous human activity on the property were found as well.
The students determined the vertical and horizontal diversity of Lot 47 and located a vernal pool in the southeast corner of the lot.
Recommendations for Lot 47
When the students involved in the project were surveyed 48 out of the 52 students in the Integrated Community thought the land should be conserved, the minority 4 out of 52 students thought the land should be developed.
Wildlife requires a wide range of food sources and habitats and the horizontal and vertical diversity of the property can support wildlife, therefore Lot 47 should be preserved.
The students were surprised that they found animal tracks and had wildlife sightings. They were also surprised at the amount of water they located. They found a variety of scat from many animals.
A resident asked the students if the town votes to conserve Lot 47 would they go back to visit and enjoy the property and protect the property. The students all said that they would.
Ms. Joan O’Connor gave a presentation on the history of the residents of Lot 47.
The landowner attended NEC in 1971 and then bought her first house in the area of Lot 47. They built a one room “A frame” down by the road. The house burned down and the woman was living in her car. The house was rebuilt with no electricity and no insulation. Ms. O’Connor said she tried to help the woman as much as she was able and from time to time brought her food and supplies. She was a very proud, independent woman. She got her water from the stream which was surveyed by the students and used wood from the property as a source of heat. Ms. O’Connor said the landowner was Bertha Wells. The Town of Henniker took ownership of the land for unpaid taxes. The town would not extend electricity to the property but allowed her to live on the property. Ms. O’Connor did not know much about Bertha Wells until she read her obituary in the newspaper which said that Bertha Wells moved to Henniker in 1974 and was a nurse. Her husband died in 1972 and her son died in 1968. Bertha Wells was 77 when she died.
Ms. O’Connor said she started to hound the town to put the land into conservation. Ms. O’Connor stated that there is lots of land in conservation in Warner, but Henniker has very little.
Environmental Science Class from John Stark – Fall Survey of Lot 98
Juniors and seniors under the training of Ms. Beers surveyed the land, tree, water quality, wildlife and historical uses on the property. Route 114 borders the property to the west and Chip Rice’s property, which is being proposed for conservation, borders the property on the east.
The students conducted a macroinvertebrate survey of Amey Brook. They also conducted a pollution tolerance index (PTI) level.
The students surveyed from the south of Lot 98 to the northern part of the lot for wildlife; located deer scat. They also searched for amphibians and reptiles. A tree survey was conducted by measuring the diameters of tree that were above 10 feet tall.
Forest Matrix Type
Lot 98 was determined to contain a Hemlock-hardwood forest, the stump survey showed an abundance of white pine stumps due to timber harvest. The Students found evidence of wildlife with black bear, moose, northern dusky salamander and wood frog being some of the wildlife proven to be on the property.
The students tested the water quality of:
The factors that add to the ecological value are good water quality, wildlife diversity and the property being located next to the property of Chip Rice. The factors that detract from the ecological value are that the property is located next to Route 114 and Henniker Crushed Stone is located next to the property.
The students feel their data is valid. They had undergone training. They stated they only surveyed a portion of the property.
To explore and survey the northeastern part of lot 98.
Recreational trails for hiking and biking.
If Lot 98 was proposed for development the reasons to argue in favor of not developing the land would be the Amey Brook and vernal pools. The students said looking at topographic map of the property, it is rocky and has different elevations, brooks and possible wetlands. They determined for any industry to be located on the property it would be hard because of the water. The fact that the abutting 400 acre property of Chip Rice is going into a conservation easement on the eastern boundary of lot 98 is a reason to not develop the land.
Ms. O’Connor asked the students if these parcels would be good locations for future training of JS students. The students all agreed and stated it was an extremely interesting project and location and an incredible hands-on experience. A student said the location would be extremely worthwhile to visit in the spring to sight wildlife.
A cellar hole and well were located on the property and identified on the map created by the students.
Mr. Matzke said it was a fabulous project for the students to be involved in. The Conservation Commission congratulated Mr. Matzke and the students for all their efforts. Mr. Matzke offered the services of their students, if needed, for future projects.
Holly Green informed the Commission she received an extension on the due date for the Town Report article and distributed the draft to the members of the Commission for their review and comments.
Jen McCourt showed the Conservation Commission, on a map, the area that they were thinking of building their road and said they would keep a tree buffer between the road and Route 114. Jen said that having dual access for emergencies is necessary. Jen said that the road going down into Henniker Crushed is pretty steep and said that any road that steep would require paving to minimize erosion.
Jen said the way they crafted the warrant article is that the lot would go back to the town, for whatever purpose or for conservation.
It was discussed that 100 trucks per day out on Route 114 is equivalent to ten rock trucks, which is not a reality in the current economy, but is the maximum traffic there will be. The trucks would only be on the road during day light hours, 5.5 days per week. Denise Rico commented on the trucks being very large but not 10 times larger than the trucks that will use Route 114 and asked if they wouldn’t bring have than 10 rock trucks per day. Jen said they are not looking to be limited, but feel they won’t exceed 100 trucks per day. Tom Patenaude said it would be closer to not more than 50 truck loads per day.
Tom Watman asked if they constructed a road on Lot 98 does that mean they won’t use the Route 114 access. Jen said they still need Route 114. The question was asked what kind of material and how much would they be removing. Jen said they are not sure of the material because they have not opened up the pit yet, the economy affects the amount and it depends on the material needed. Tom W. asked if they would have a different plan for the new quarry. Jen said the amount of trucks really depends on the amount of material they are hauling out and gave an estimate of 75% of the trucks would use the haul road.
Martha mentioned paving the steep slopes. Tom Patenaude said if necessary they will need to asphalt pave if the slope is too steep and causes a problem.
Tom W. asked if the lot 98 road was built, what is their interest in Old Warner Rd. Jen said it is still a Class VI road, but would they have an interest in upgrading it, she thinks not. Tom W. wants to know if there is a way to protect Old Warner Road. Tom W. said it would be appealing to find way to ensure that Old Warner would not be used for commercial use.
Mark said he is curious on where the road could be placed given the topography and steep slopes. He feels in addressing that it would be a major alteration of terrain and asked if they have a sense of what the grade change will be. Jen said without the topography study it is hard to know, but there will be alternation of terrain.
Bob Stamps asked if part of the proposal was to agree there would never be an expansion of Old Warner Road. Jen said there would be no need to and it would be an additional expense. Bob said that would make it more appealing; they couldn’t even consider it if the road was not protected.
Martha said the Selectman previously drafted a warrant article that specified a 35 ft width. Jen said that was the right of way and said that the standard right of way width is 50 ft. Jen said she does not know what they need yet, some areas could be wider than 50 ft. She said instead of coming up with 100% standards, which forces them into areas, the narrowest width would be 20ft which is mandated for safety for rescue/fire. The areas going down steep slopes they might want to be narrower to minimize the impact.
Mark asked if it needs to be wide enough for two trucks to go by each other. The response was no, they are not looking to have the road 30ft wide all the way through. Martha said that is the information they need to hear.
Jen said there are criteria they need to go by, like the 20ft width for safety. Jen said there might be certain spots were it could be wider if needed and certain spots where it may have to be narrower to lessen the impact on Amey Brook.
Martha said the more detail they can provide, the more they will know what to expect.
Tom W. asked if they see anyway through Lot 98 or Old Warner Road to gain public access to Chip Rice’s property and asked if this deal could help facilitate access to the public to the conservation land. It was discussed this area would not be used from Christmas to April by Henniker Crushed Stone. Martha said it conceivably would not be cleared during spring runoff. Jen said they don’t want to be out there in the mud, it is more work.
Tom W. mentioned the quality of Amey Brook being of concern and asked if the project can be carried out in the best possible standards as to not affect the water quality of Amey Brook. Jen said from what she heard it is the 40 year old gravel pit that causes the most problem and they are trying to bring the pit up to standards to stop eroding to get Amey Brook off of the impaired water list. Tom Patenaude said they will be making some improvements.
Jen said they would be putting a bridge over Amey Brook where it is narrow and the bank grade allows; they will not be using culvert.
Denise said the students did a macroinvertebrate study in the fall and found that there are water quality issues in the unnamed tributary and she wonders if it was caused by the crossing that was put in this summer. Jen said she is unsure of the cause and mentioned the beaver dams upstream. Denise said the area between Amey Brook and the tributary seems flat and asked if it floods in heavy rain. Jen said she is unsure.
Martha asked what they do for dust abatement. Tom Patenaude said they use water.
Jen said she is trying her best for different options to abate or eliminate impact. Jen said this is a proposed site and it would be built as not to have erosion problems. She said they need to get the field data.
Tom W. asked how long it would take to have those specific discussions. Jen said they at least have to wait until the March meeting, negotiations with the Selectmen and then they have to map it which will take time. Once she has all the data she will be able to map a start point for review. Once it is flagged she can decide the best possible location for the road.
Jen said without having a definite interest in the property she does not see the Patenaude’s going through and spending money to do wetlands and topography. Jen said after discussing ideas and getting feedback, to have a better sense of what is going on, she hopes they are in agreement to try and work together on this project. Jen would like to know if there is something stopping the Commission from trying. Tom W. said the Selectmen were trying to resolve this before annual meeting and asked the CC to come back by the 16th of this month with recommendations.
Bob Stamps said maybe the thing to do is let the town vote on whether to conserve this land or vote for this proposal.
Martha said she understands why they don’t have the information now and why they would be hesitant to putting money into project without knowing. Bob said no one can sell the property without the town voting, and right now there are two competing proposals.
Tom W. said that if both parties acknowledge publically, regardless of the outcome of the vote, that they are both willing to work out a solution if they are unable to settle before Town Meeting. Jen said they were not asking anyone to sign off on the project; they just wanted to explain their position.
Martha said she has a better understanding about not having the road a certain width the whole length. She said the more information they can give for what they need is for the vehicles, what they know about traffic and what they feel they need out of the road in physically building and developing and using the road, the better. All pieces of information would be beneficial to have on the table. Jen said they are willing to work, once the mapping is done, for ways to get access. Martha said once the mapping is done there will be tons of information available for everyone and she realizes that won’t be done before town meeting.
Tom W. said one of the things that is supportive of doing something off Route 114 is that there will be fewer trucks on Route 114. He thinks it is a plus in putting the road somewhere else.
Martha said it would also be beneficial to receive information about the material they plan on removing. Jen said at first they will be taking out the largest rocks they can see and as far as the excavation permit they would leave lots of soil which is basically not needed by Henniker Crushed and then put it back on when they are done to make the land usable.
Mark asked what the value is in gifting it to the town and asked what does the town gain in building the road as proposed to what gets conserved. Jen said it depends on where the road goes, some areas may not be as wide but they will add to the conservation piece.
Jen said she knows they have to go to the Selectmen for permission to cross a Class VI road.
Tom W. said that determining the benefit in looking ahead and gaining access is important information. Jen said all those issues are manageable. Tom W. asked for the next move. Jen said that she was curious of the Commission’s opinion of Bob’s suggestion that the decision should be left to the town’s people at Town Meeting.
Bob indicated the Commission feels the property has strong conservation value and should be protected, especially certain portions, and if the town decides its best to sell the Commission will participate in recommending the placement of the road through lot 98.
Tom W. said they would like to see things reconciled and it looks possible to work out if they had enough time and information. Tom W. feels the area is an area that they should try to be preserve as best as possible.
Bob said if it turns out that the proposal is accepted by the town the CC would like to work with the Patenaude’s in the project.
Jen said there is still Old Warner Road. She thinks the road through lot 98 is a better option to reduce environmental impact and have less wetlands crossings and less overall distance of the road. Jen said there is probably 600-700 less road needed than if they use Old Warner Road.
Martha said ultimately the petitioned articles are there and a decision needs to be made by March 13th which is the next opportunity to remove an article. The Commission needs to know the size of the wetlands on lot 98 before offering an opinion regarding the proposed purchase of lot 98. There is not enough time to complete a wetland survey before Town Meeting. Tom W. said the town lawyer said that a petitioned article cannot be amended. Denise said she had read an article on the Local Government Center’s website that indicated a petitioned warrant article could be amended at Town Meeting.
Martha said nothing can happen before Town Meeting, the warrant can be left as is or withdrawn; it was not a warrant from the CC. Jen said it is winter and they won’t be gathering more information. Martha asked them to put a list together of what they need and said the CC has a list of concerns for Amey Brook.
Bob asked Jen to let them know if Patenaude Properties can make the statement that they will never try to widen or modify Old Warner Road, which is important to the Commission.
Bob asked Denise if there are particular areas that are of more importance. Denise said it is more valuable where the two brooks are.
It was discussed that Jen is only looking to cross over one brook, not both like the CC first thought. The road would cross Amey Brook, run between the two brooks, and cross the tributary on the permitted crossing.
Tom W. asked if there is an agreement to meet again. Jen said she feels she can always talk to the CC about things and to have another meeting for information exchange would be key. Denise asked what they are trying to accomplish with the meetings. Jen said she thought it was to put together information regarding the CCs concerns for Amey Brook. Tom Patenaude said they all need to establish a list of needs and wants.
Tom W. said he is assuming that the CC and Jen will go before the Selectmen and say they met, held a discussion, but have not come to a decision and will not be able to before town meeting.
Bob said if the proposal wins they will work together, they want the land protected.
Jen said if they cannot put a road in as proposed, then they will pursue looking to use Old Warner Road. It is unknown if they will get the permit to use Old Warner Road.
Mark asked about the status of the application for permission to upgrade Old Warner Road. Jen said they will be asking for an extension until they know what will happen with Lot 98.
Tom said another option, although he is not sure if it is legal, is if the articles can be held over to a recessed Town Meeting. If things were progressing and a resolution was close they could get legal opinion. Jen thinks they need the Town meeting before they do any more.
Bob said again that they absolutely want to work together and believe it is important to protect the land and he believes they can also run the pit from Route 114. Bob said they are starting with the point that they said they could make money from the access they had on Route 114. Jen said a substantial amount of money and feels it is better for the community to have less of those big trucks on the road. If they are putting a lot of traffic onto the driveway of Henniker Crushed Stone then they will have to shut it down to public access. Jen said it is not just profitable, they are concerned with safety, maintenance and fumes. Bob said he would have thought those issues would have been brought up when they went to the Planning Board with the excavation application for lot 99.
Jen said there was nothing there at the time to bring up to the Planning Board. Bob said fumes and safety concerns are things they should have known about to bring to the Planning Board.
Jen stated they had begun negotiating with the Rices.
Chip Rice said that one to two years ago he received a letter from Rodney Patenaude stating that he was interested in buying a swath of land. Chip said that he wrote a letter back that he did not want to sell the land but would consider a five year lease and Rodney responded by saying he wanted to buy it. Chip said there were no negotiations.
Jen said until the vote it does not make much sense to meet again until they know which direction they are going, either up Old Warner Road or to negotiate with the Selectmen to purchase lot 98.
Mark asked if there is a general likelihood of the property going out to sealed bid or if there is a reason for it not going to sealed bid. Tom W. said they have not sold land with sealed bids. Mark said for the gifting process does the town have to vote to accept the land. Tom W. said since the town already owns it he does not think they do.
Martha said if it is sold through sealed bids or to someone other than Patenaude Properties the warrant reads they have to put in a private road. Martha questions if someone else bought it, if they would be obligated to build a road and gift it back to the town.
Bob Stamps moved, Martha Sunderland seconded to adjourn at 10:00 p.m. The motion passed unanimously.
Town of Henniker
Conservation Commission Meeting
Wednesday, February 17, 2010
Henniker Grange Hall
Members Present: Holly Green, Chair, Mark Mitch, Denise Rico, Martha Sunderland
Members Absent: Thomas Watman, Bob Stamps, Terry Stamps
Guests: Dale Jennings
Recording Secretary: Cherry Palmisano
Chair, Holly Green opened the meeting at 7:06 p.m.
Mr. Dale Jennings presented the Henniker Nature Tourism Project Scope to the members of the Conservation Commission. He told the CC that the committee was formed as a result of the Community Profile Meeting and their vision is to conduct a study of where Henniker stands in regards to Nature Tourism. They will be determining the amount of tourism, the monetary value it brings to the town and how it relates to property tax revenue and jobs.
Mr. Jennings said the committee researched all viable options on how they could get a study completed. They located the Community Research Experience class at Plymouth State College and they are willing to do a free study on nature tourism in the Town of Henniker. Mr. Jennings said that he spoke with NEC at the same time and had a favorable response that they will be participating in the study as well.
Mr. Jennings said as a result they would like to be able to coordinate marketing efforts; currently each attraction is marketed separately.
Martha asked how they determine nature tourism. Mr. Jennings said they determined nature tourism to be when someone is attracted to Henniker for its outside beauty and the overall character of the town. Mr. Jennings said there are other reasons than just outdoor activities, for people come to town, such as to NEC for a hockey game. Currently they are surveying winter tourists and do realize to do the study effectively they will need to survey tourists in all four seasons. Mr. Jennings said both NEC and PSU will present a report at the end of their spring semesters.
Mr. Jennings said that the current survey, being conducted by NEC, will be going on through March 6th at Pat’s Peak, Henniker Junction, Intervale Pancake House, Henniker House Bed and Breakfast, Colby Hill Inn and the Country Spirit. Mr. Jennings also mentioned Mile a Way Campground and the possibility of conducting the survey later in the spring.
Mr. Jennings said that Plymouth State College is just starting their discussions and will be behind NEC. PSU will be in town on March 9th for a fieldtrip.
Mr. Jennings said there is a Community Profile Celebration scheduled for May 7, 2010 and their group will be presenting all the information they have gathered. They are hoping that when they are done with their project to have more robust tourism in town.
Mr. Jennings said that they will be looking to NEC and PSU for feedback and suggestions on how to better tourism in the town. Mr. Jennings said they have discovered that when tourists come to town for skiing, they stay in Concord because of the lack of capacity of lodging in town.
Denise mentioned that Mr. Jennings could contact the Southern New Hampshire Planning Commission to see if it was possible to review their recent studies relating to a Contoocook River survey.
The Commission tabled the approval of the January 6, 2010 minutes.
Martha Sunderland moved, Denise Rico seconded to approve the minutes of January 20, 2010 as amended. All were in favor.
Holly Green moved, Denise Rico seconded to accept the minutes of January 27, 2010 as written. All were in favor.
Denise Rico moved, Martha Sunderland seconded to accept the minutes of February 3, 2010 as amended. All were in favor.
The Conservation Commission will be hosting a snowshoe hike on Lot 98 and will meet at the Grange at 10:00 am on Saturday, February 20, 2010.
Holly informed the Commission that she contacted the Local Government Center regarding whether a representative of a town board or commission can meet with a private entity to discuss a project. She was told if they decide to have representatives meet, they would have to post it as a public meeting because it would still be considered to be a Conservation Commission meeting.
Mink Hills Info Session at the Community Center
The Commission will be hosting a presentation on the Mink Hills. Lindsey Webb, NH Fish and Game, will present information on the Wildlife Action Plan. Brian Hotz, Society for the Protection of NH Forests, will speak about conservation. Nancy Foley will speak about Henniker history.
Lot 328c on Gould Pond Road
Lot 328b on Gould Pond Road
Holly Green moved, Mark Mitch seconded to adjourn at 9:05 p.m. All were in favor.
Town of Henniker
Conservation Commission Meeting
Wednesday, March 3, 2010
Henniker Grange Hall
Members Present: Holly Green, Chair, Mark Mitch, Denise Rico, Martha Sunderland
Members Absent: Bob Stamps, Terry Stamps, Thomas Watman, Selectman ex-officio
Guests: Jen McCourt, Mike Peck
Recording Secretary: Cherry Palmisano
Chair, Holly Green opened the meeting at 7:00 p.m.
Martha Sunderland moved, Holly Green seconded to approve the minutes of January 6, 2010 as amended. All were in favor.
Martha Sunderland moved, Mark Mitch seconded to approve the minutes of February 17, 2010 as amended. All were in favor.
The Conservation Commission discussed the process in which Mr. Mike Peck would have to take to become an alternate member of the Conservation Commission.
After the Fact Wetland Application
Lot 102 and Lot 103x
Jen McCourt said they did not have to do an alternation of terrain because Lot 103x is part of the quarry, which already has an alteration of terrain and Lot 102 does not require alteration. Jen said they went over the After the Fact Wetland Application with DES. Jen said it has been there for over 15 years, but is not contiguous with the pit. Martha said the wetlands permit is for more than just the road.
It was discussed that the drawings and application were done by Peter Schauer.
Jen said they are proposing to shrink the road down to minimize the impacts.
Martha would like to review the language in the application for clarification. Martha said if time allows the Conservation Commission should ask Peter Schauer (or whoever appropriate) to come before the Conservation Commission to clarify the plans/drawings and answer any questions the Conservation Commission has regarding the application. Holly will contact Peter Schauer.
There is a timeline of 30 days for comments to be submitted to DES.
Martha said the Conservation Commission would like to know the impacts of where the new road is now versus what was existing before the new logging road went in.
The Conservation Commission has several concerns they would like to be addressed regarding this application and the drawings that were submitted. Denise will thoroughly review the application and maps and compile a list of questions and concerns.
The Conservation Commission discussed that they reviewed this intent to cut previously and are seeing this again due to the fact that better drawings were submitted. The intent to cut includes 8,000 board feet of white pine on the 11.14 acre lot. It was discussed this cut is most likely being done for a view. The Selectmen have already signed off of the intent to cut. Martha said they should do a site visit to see if any damage was done to the stream. Martha and Denise will do a site walk of Lot 328c on Sunday, March 7, 2010.
The Rice and Goodenough easements came in from the Forest Society.
2009 Monitoring Report for Chase Brook, no violations were cited.
Denise Rico moved, Martha Sunderland seconded that the Conservation Commission recommend Warrant Article 16 to put Lot 98 into conservation and oppose Warrant Article 15 to sell Lot 98 and build a road. All were in favor.
Mark Mitch moved, Martha Sunderland seconded to adjourn at 8:20 p.m. All were in favor.
Town of Henniker
Conservation Commission Meeting
Wednesday, March 17, 2010
Henniker Grange Hall
Members Present: Holly Green, Chair, Denise Rico, Terry Stamps, Martha Sunderland, Thomas Watman, Selectman ex-officio
Members Absent: Mark Mitch, Bob Stamps, Mike Peck
Guests:
Tom Sokoloski, Jennifer McCourt, Kayla Patenaude, Rick Patenaude,
Thomas Patenaude
Recording Secretary: Cherry Palmisano
Holly opened the meeting at 7:02 p.m.
Review After the Fact Wetlands Permit Application for Lots 102 and 103-X
Tom Sokoloski, Schauer Environmental Consultants, prepared the standard dredge and fill wetland application. The plans had been revised to clarify the existing conditions vs. proposed plans. Tom Sokoloski said it is a permanent road to allow for logging and future quarry operations. Impacts to wetlands were not minimized to the fullest extent on the prior work. Tom Sokoloski said the road is realigned in the new plans to make it narrower and they are attempting to restore wetlands where the width is no longer needed. It is anticipated that the road surface will remain a gravel surface. Tom Sokoloski said that the wetlands impact was brought down to 9,700 square feet. They took into account Amey Brook and did not want to shift the road towards the brook.
Denise asked about restoration. Tom Sokoloski said they will be replacing with New England wet mix, to allow the stabilization of the soil. Denise asked if the seed mix matches what currently exists. Tom Sokoloski said it would not at this time, as they cannot reestablish existing forest, but it will grow in over time. Tom Sokoloski said that the natural improvement takes place within a couple of years and it looks natural at an early stage. He also said in places where the forest was disturbed naturally the soil has natural seed bank and the seeds remain viable for a long time.
Denise asked whether the wetland areas are vernal pools. Tom Sokoloski said they originally assessed the area for vernal pools in the fall (November/December). Denise asked if they plan on doing an amphibian siting study soon. Tom Sokoloski said the area is under sand and gravel at this time and what is there right now doesn’t really look like wetlands, not deep depressions, but slopes with drainage coming off.
Jenn said the wetland mapping was done before any work was done and is extremely accurate. Jenn said that she and Peter Schauer looked specifically for vernal pools down by Amey Brook on Old Warner Road. She said they looked hard at them and decided they were not vernal pools. This was done at the time of mapping Old Warner Road, the road was only partially built at the time. Jenn said it was spring time when they were looking, some areas were of concern, but in the Old Warner Road bed there were no vernal pools.
Denise asked when the cutting started. Tom Patenaude and Jenn said it was early spring; they received the approval for Sayce subdivision on February 9th. Once they received approval, which was back in January, the Conservation Commission had the intent to cut. Once they received approval by the Wetlands Bureau for the road they filed with the Selectmen. Jenn said they were told they would not be granted until the Sayce subdivision was done. Jenn said they started cutting the road in February when everything was frozen solid. Jenn said loggers like to do their work in winter, less mess than in the summer.
Martha asked if the stone wall was being removed in impact area number 5. Martha is wondering if there is a new proposed wall with the existing wall being removed. It was discussed that the road width was being reduced by 5ft to minimize impact.
Jenn said the reason for the second culvert is to provide treatment for the ditch line. Jenn said instead of putting in a plastic culvert they put in a stone culvert.
Denise commented on the slope going down into Amey Brook being pretty extreme and asked if there any places where the slopes go down to the Brook? Jenn said it is an existing wetland, with an existing stream, they are not creating new ones. Jenn said the culvert was placed to feed the thread of the channel. Jenn said over time, culverts can clog up and the water will channelize itself whether there is a culvert or not. Jen said it is a minimal drainage area going through there.
Denise asked how wide the road bed is. Jenn said it varies from 24 ft to 36 ft. Tom Sokoloski said the wetlands impacts were minimized to 24ft with varying culvert widths from 24ft to 54 ft. Jenn said the Wetlands Bureau looks at under 50 ft.
Martha asked if the culvert in impact area 1 had been there. Jenn said it had been there for a very long time and they are just leaving it in place. Jenn said it could be a grandfathered culvert, they could not verify it.
Martha commented on being curious to see the wetlands on the other side of the stone wall, because there is erosion there due to the run off and she is curious to see if there is impact into the area.
Tom Sokoloski said the area is less than 10,000 square ft. They are applying for a minor impact because they are proposing to revise it downward.
Denise said it seems to her that what is being presented is only half the road and half the project, given the intentions they are aware of. Jenn said the intensions they are aware of occurred after the road. Jenn said when Rodney gets on a bulldozer it is hard to stop him. Martha said the application does not cover the entire intent that has been publically expressed. Martha said it all needs to be looked at as one road project. Jenn said if something happens up the road and the other one does not go forward, they still want to permit this road for the uses they specified in the application. Holly said it states forestry road access, proposed logging application, and future expansion of gravel pit and possibly using this road to access the quarry. Jenn said basically they are trying to use this road to access the back of the lot, and trying to do so from Rt. 114 would be more of an impact. Holly said the application states use this to access for possible future expansion. Martha said they were public about what they intended to do. Martha said she cannot accept that this is a complete application. Jenn said whether the extension goes forward or not they still want this permit. Holly said she questions if it is a major vs. minor impact. Tom Patenaude said the application was prepared in accordance with DES and that Eric Skoglund and Josh Brien from Schauer Environmental went over the appropriate approach being an after the fact so it had to be standard. Tom Patenaude also said that bringing the impact area below 10,000 square feet makes it a minor impact. Holly said she thinks Conservation Commission would like to review this with DES. Martha would like to talk with DES moving forward and the Planning Board as well. It was mentioned that the approach between the town and DES needs to be consistent.
Martha said this process has been very public. Tom said DES recognizes the permit covering a five year window, if there are future intentions they need to be brought forward, reviewed and if the intentions do not occur within a five year window, they approve it. DES looks back at the original project and looks at project as a whole. Martha said they already knew going in of the whole project. Jen said they don’t know for sure the time frame, they still have to purchase property. Martha said this is a very deceptive approach to permitting. Holly said they need to make sure DES knows what the Conservation Commission knows. If the applicant has intention to expand the project then DES needs to have all the information. Jenn said there still are two ways to put the road forward, they don’t know yet which way, one step just happened at Town Meeting. Jenn said that they are trying to move north and DES knows that. Jenn said they are not being deceitful, it is the way everything is phased together and the way things are happening, it is not 100% clear cut. Denise said Jenn just said the purpose was to access the back of Lot 102, not to access Lot 99. Jenn said it clearly says in the application that is their future intent.
Rick Patenaude asked Jenn if this is what they were doing in response to what DES asked for. Jenn said yes, direct response, this is the initial application submitted into DES and if DES wants more information they will ask. Holly said she does not want to give impression that the Conservation Commission is questioning what they put forward or what they were told by DES. Holly said sometimes DES interprets things differently because they do not have all the information. She said she had seen them change course and commented that this may not be enough based on what the Conservation Commission knows.
Tom Watman said he does not see anything wrong with the Conservation Commission contacting DES and asking questions. He said that any concern about the change in terrain and wetlands for this part of the road is relevant to an opinion by the Conservation Commission.
Holly said that her understanding is that DES would take the whole project into consideration when reviewing the permit. She said that the overall impact of the project may have an impact on whether it is a major or a minor. DES would take into account all of the information the Conservation Commission has. Holly said she has seen DES amend their process if there original determination was based on not having all the information.
Rick Patenaude said they come forth with all the information, the Conservation Commission reviews the information and makes comments to DES. He asked who said the Conservation Commission can’t make comments to DES and does not understand the problem. Denise said they will make the comments to DES. Jen said they are not exactly sure what the future will bring for the project and that the future plans could lead to a major impact. Jenn said clearly that they are extending the road out to access the back of Lot 102. Jenn said of course the Conservation Commission can talk to DES, they are bound to according to the written rules. Holly said that they are not presenting a problem. Rick Patenaude said he detects hostility.
Denise said she is concerned with the stability of the slopes due to rain, and asked what they are going to do about Amey Brook. Jenn said until the application is complete there is nothing they can do. Jenn said she saw that the area was looking good with grass growing on the slopes last fall. Denise asked if they reviewed for erosion. Jenn said the last time they went out there was snow. Denise asked if they could review for run off. Jenn said they will before the end of the week.
Jenn said Lot 268 is off of Rush Road by the quarry. Jenn said application is to amend the site specific permit for the pit and then apply for alternation of terrain for the road. Jenn said if you have a slope of 25% or greater within 50ft of a jurisdictional wetland you need an alteration of terrain.
Martha said there are two parts of the project; pit expansion and the road.
Denise asked if the area around the quarry was excavated. Jenn said yes. Denise asked if the permits are supposed to come before the excavation. Jenn said yes. Jenn said it is a grandfathered pit. Denise said this happened back in 2000 as well. Jenn said probably for what was opened then. Jenn said they are hoping that this is pretty much the end of it; they are only leaving room for a little expansion.
Jenn said that some areas have been reclaimed, but none of the reclaimed area is wetlands.
Denise said the town maps show a class VI road that goes through the quarry. Tom Patenaude said it is not a class VI road. Snow mobiles use that road.
Jenn said they are trying to modify a 40 year old pit to meet current standards.
Denise asked if the catch basin is what is causing the impairment of Amey Brook. Tom Patenaude and Jenn said part of it. They are trying to build up the area around the catch basin and when it fills up they can dredge it out. The catch basin is a shallow depression to catch the run off and is not designed to have a lot of water going in it.
Jenn said this is unusual to go over an AOT permit with the Conservation Commission. Denise said the wetlands work makes a lot more sense when you look at it all at once.
Martha asked about a maintenance plan. Jenn said it is all in the application.
The Conservation Commission will write a letter to the Wetlands Bureau.
Alternation of Terrain closing date for comments is March 23, 2010.
Denise said she asked for a 40 day extension, on behalf of the Conservation Commission, for the wetlands permit.
Denise will draft a letter for the wetlands permit.
Received notice of administrative completeness - standard dredge and fill application.
Re: Wetlands File
Number 2009-02231
Patenaude Properties
196 & 344 Bradford Road, Henniker
Tax Map/Lot #2 / 102 and 103X
Shoreland Impact Permit 2010-00375
C-13 Shore Drive, Henniker
Tax Map C / Lot C-13
No action need. It has already been granted.
84 Gould Pond Road
File 2010-00398
Currier and Ives Byway Committee is requesting representation from the Conservation Commission.
Terry would like the Conservation Commission to hold a discussion regarding the strategy for Mink Hills and key steps that need to be taken to proactively be looking at the preservation of Mink Hills.
Terry Stamps moved, Martha Sunderland seconded to adjourn at 9:16 p.m. All were in favor.
Town of Henniker
Conservation Commission Meeting
Wednesday, April 7, 2010
Henniker Grange Hall
Members Present: Holly Green, Chair, Denise Rico, Martha Sunderland, Terry Stamps, Bob Stamps, Mark Mitch, Thomas Watman - Selectman ex-officio
Guests: Thomas Patenaude, Beth Patenaude, Greg
Michael, Jennifer McCourt,
Kayla Patenaude, Rick Patenaude, Carolyn Patenaude, Rodney Patenaude
Recording Secretary: Cherry J. Palmisano
Holly Green, Chair called the meeting to order at 7:05 p.m.
Bob Stamps recused himself from the discussion regarding Lots 102 and 103-X
ZBA Wetlands Exception Application for Lots 102 and 103-X
It was discussed that the ZBA would base their assessment on the permanent impacts of the logging and haul road, overall final wetland impact for the 9,573 sq ft project and the 5,707 sq ft restoration of wetland that incurred during roadway. The ZBA would also base their assessment on being the appropriate location, if the location will not create undo traffic congestion, how the location was or was not in the public’s best interest, how the location would or would not create a safety hazard, or being out of character with its surroundings and on whether the location creates a problem with noise or air pollution.
Attorney Greg Michael asked the members of the Conservation Commission whether they felt they could fairly discuss the topic, due to their relationship with the Patenaude’s and actions they have taken. Attorney Michael commented on prejudices and being ably to fairly and impartially hear the case and said he was required to make the statement. He is aware of the issues between the Patenaude’s and the Conservation Commission based on newspaper articles, statements made and in reading the minutes and is asking the members of the Conservation Commission to keep an open mind. Attorney Michael is concerned with individual members being able to fairly and impartially hear and listen to the case and render an opinion based on facts heard with their feelings towards the Patenaude Family set aside and make an important and valuable recommendation.
Martha asked if they are discussing an application to the ZBA.
Attorney Michael said that the Conservation Commission makes recommendations to the ZBA. He asked each member of the Conservation Commission to ask themselves if a judge would let them sit on a case involving the Patenaude Family.
Terry said that the members of the Conservation Commission are clear on their procedures.
Attorney Michael referred to RSA 673:14,I and RSA 500-A:12 and said he is trying not to make this a legal discussion. Attorney Michael asked members to recuse themselves from the process if they feel they cannot be fair.
Terry said they are looking at the after the fact situation and said she, as a member, has certain feelings when the permit process is not followed properly. Terry said that the Commission will of course have certain feelings about the process.
Attorney Michael said his clients did get a permit for what they did, the road is just wider than it should have been. He said it seems to be more than what should have been done, causing a greater wetlands encroachment and the project was larger than what it should have been for the permitting process.
Terry said according to the DES inspection there was a long list of deficiencies. Martha said the list of deficiencies came from DES and the Conservation Commission is responding to their list.
Attorney Michael said the Conservation Commission Charter suggests that the Conservation Commission does their best to discuss, provide guidance, give notification to the landowner and discuss the situation.
Tom asked Attorney Michael if he was challenging the Commissions right to hear the case. Attorney Michael said he is not challenging the Commission but the individual members.
Tom said that Attorney Michael is intimidating the members, whether he is trying to or not, and told Attorney Michael that if he has charges to bring them up. Tom said Attorney Michael he is taking a liberal approach on what a judge is going to decide. Tom said the members of the Commission have no financial benefit to gain and once an opinion is expressed it does not mean you have to recuse yourself from anything else that comes about.
Attorney Michael cited from RSA 500-A:12 regarding the ability of a juror to be able to directly or indirectly, under oath, form an opinion that is fair and not guided or assisted.
Tom asked Attorney Michael if he was saying the standards of a juror are the same as an elected official. Tom said if the issue was to be raised the Commission should have been forewarned to have the option to have town counsel present for guidance on what to do or not do with this case. Attorney Michael said if the Commission wants to speak to town counsel, feel free to do so. Tom said this was not posted as part of the topic to be discussed, leaving the Commission without access to legal advice. Attorney Michael said he agrees and accepts and if the Commission agrees to seek guidance from with town counsel they can end the discussion now and plan date to hold the discussion at another time.
Bob said he is recused from the discussion, but is questioning the process on what the Conservation Commission is being asked to do tonight, in terms of the application. Jenn said the Conservation Commission is being asked to give their opinion to the ZBA regarding the expanded wetlands process, because the permit was bumped up from a minor because of the complaint filed by the Conservation Commission.
Bob said they would just be giving an opinion to the ZBA, the Conservation Commission is not voting. Attorney Michael said he respects the decision the Conservation Commission makes, it is not necessarily binding, but they do have their opinion and he is asking them if they can render a fair and impartial opinion.
Denise Rico moved, Martha Sunderland seconded to table the discussion until they can get opinion from town counsel on whether they can render an opinion and if they, as members of the Conservation Commission, can be considered jurors.
Attorney Michael commented on the Conservation Commission Charter, which he got from the Conservation Commission’s website, states to resolve issues before they arise to legal intervention the Conservation Commission will hold a discussion with a landowner. Attorney Michael said he is not trying to point fingers but, if that is the process of the Conservation Commission, he does not feel they followed it.
Martha said when they did discuss this it was an intent to cut logging operation not a road of this magnitude. Martha said it was discussed and they did not have an issue with the way it was originally proposed.
Attorney Michael said when the Conservation Commission finds out there is a problem, they should bring the landowner in to discuss it, instead the Conservation Commission filed a complaint with DES.
Tom said there might be another legal interpretation. Attorney Michael said that he is not disagreeing that there might be another way to look at it.
Mark said that he is unclear, with the unmentioned threat associated with this, what the recourse they would follow. Attorney Michael said if they believe there is any bias, the court said they have to raise the concern now before the discussion and opinion is rendered. He said he is not trying to probe the members, he is just asking them to take a look at what is going on in town and ask the question if they want themselves to sit on this case. Mark asked if they are talking a lawsuit. Attorney Michael said he is not trying to turn it into a lawsuit but, trying to work through these issues. He said in the spirit of compromise, if the Conservation Commission is asking for the bottom line, then lawyers have to protect their client’s bottom line interest.
Mark said he is trying to get a sense of his personal liability.
Tom said he wants to make sure that the Conservation Commission understands there could be other interpretations and there could be legal issues they are not familiar with.
Denise said she is thinking there is potential that the Commission could take the town into a lawsuit.
Martha said they need to go in confident before making the opinion to ZBA without intimidation.
Mark asked what that entails in terms of legal consultation, does in entail sitting down with counsel or just asking counsel questions and waiting for a response and wonders how much of a delay it would cost. Denise said the potential for long term costs outweighs the short term cost.
Tom said that Attorney Michael is right to state that each member should look at themselves to know whether there is enough bias on the discussion to recuse themselves or not.
Martha said she is concerned with Attorney Michael’s accusations of the Conservation Commission members not following procedures. Tom is not sure what town counsel would say; it is after the fact. Tom said when issues are raised without counsel present, he is not sure how to advise the Commission.
Attorney Michael said it is up to the Conservation Commission to decide whether to seek town counsel.
Mark said the big effort he is concerned with is to avoid large ramification.
Martha said a consultation with town counsel would be wise. Holly asked if they need to seek town counsel advice in advance of hearing the presentation. Martha said they would not want to have a discussion until they have legal advice.
This issue goes before the ZBA at their next scheduled meeting. It was mentioned that the issue would have to be tabled until after the Conservation Commission holds a discussion.
All members of the Conservation Commission were in favor of tabling the discussion until the seek advice from town counsel.
Attorney Michael asked when they could hold the discussion. The Conservation Commission said it will be contingent upon town counsel response. The discussion was tentatively scheduled for their next scheduled meeting on April 21st.
Denise recused herself from the discussion regarding Wetlands Application for Lot 81.
Wetlands
Application for Lot 81
Brust Property
There are no substance changes to the wetlands impact. Martha said it is an after the fact standard dredge and fill wetlands permit application and is not expedited so the Conservation Commission does not sign it.
Complete forestry notification
for Lot 764 - Kelly Normando
Acknowledgement of receipt.
Letter to the Wetlands Bureau
from Schauer Consultants
DES File No. 2009-01240 (U.S. Army Corps of Engineers #2009-01707)
Grove Street Athletic Field
Notification from Peter Flynn regarding the $412 reduction in the Conservation Commission budget.
Bob asked what they will do less of because of the budget cut. Martha said they should look at what they did not expend on last year. Bob recommends they review the budget monthly to ensure they do not go over. Holly said it would be nice to get a breakdown of how much of the Conservation fund was not blocked. Martha said Russ did say he could do it, he just needs time.
Announcement of a workshop on how to establish a local Agricultural Commission.
NH Association of Conservation Commissions has an electronic newsletter if any members would like to receive it; Holly will send around the link.
Tom informed the Conservation Commission that the Selectmen authorized Attorney Drescher to draft a Purchase and Sales agreement to the Patenaude Family. Tom said the negotiations will help determine who pays for what regarding Lot 98. Bob asked if there was anything in the motion that discussed developing Old Warner Road. Tom said no, but the motion stated that they only have a year to complete the sale.
Holly asked what she should include in her request to Peter Flynn. Tom said the issued raised by Attorney Michael regarding members recusing themselves. Mark said to ask what recourse the Patenaude’s have if they feel the process was not impartial. Martha said to ask what recourse the Patenaude’s have if they don’t get the decision they wanted from the ZBA based on the opinion from the Conservation Commission. Mark said that the Conservation Commission will comment to the ZBA but not give an opinion.
Holly will request a meeting with town counsel, which could be held in non public session. Terry said they will need to provide background information at the town counsel meeting along with a copy of the Conservation Commission’s Mission Statement.
Review and approve March 17, 2010 meeting minutes
Terry Stamps moved, Martha Sunderland seconded to approve the minutes of March 17, 2010 as amended. Passed 6-0-1 Bob Stamps abstained.
Other Business
The Conservation Commission discussed that some members terms will expire this year. They discussed contacting individuals that they think might be interested in serving on the Conservation Commission.
Terry said they meet with DES Alternation of Terrain and Wetlands regarding Lot 102 and Lot 103-x for the purpose of providing additional background information, as per their last meeting and going over the broader context of the whole project. Terry said it would be helpful if the Conservation Commission sends comments.
The Conservation Commission discussed a letter to NH Department of Environmental Services Wetlands Bureau and Alternation of Terrain Bureau, from the Conservation Commission, regarding the applications presented at their last meeting for Lot 102 and Lot 103-X.
Re: DES Wetlands File #2009-02231, Route 114, Henniker
Holly Green moved, Terry Stamps seconded to extend the meeting until the Commission has finished drafting their letter to DES. All were in favor.
Adjournment
Bob Stamps moved, Terry Stamps seconded to adjourn at 9:35 p.m. All were in favor.
Town of Henniker
Conservation Commission Meeting
Wednesday, April 21, 2010
Henniker Grange Hall
Members Present: Holly Green, Chair, Denise Rico, Martha Sunderland, Terry Stamps, Mark Mitch, Thomas Watman - Selectman ex-officio, Mike Peck
Guests: Jennifer McCourt, Greg Michael, Rodney Patenaude, Rick Patenaude, Tom Patenaude, Beth Patenaude, Chip Rice, Ann Rice
Recording Secretary: Cherry J. Palmisano
Holly Green, Chair called the meeting to order at 7:05 p.m.
Chairman Holly Green read the following statement:
Before we begin tonight, we need to address Attorney Michaels’ inquiries as to whether any Commission member should recuse him or herself because of prejudgment or bias.
A review of the records indicates that Commission members and the Commission took the position that Lot 98 should be preserved and not sold. This issue is entirely separate from the issue currently pending before the Commission, which is focused on the Commission’s recommendation to the Zoning Board of Adjustment with respect to a proposed special exception for wetlands impacts created by the haul road on lot 102.
The Commission members also discovered violations of wetlands permits created with respect to the construction of the haul road and reported them to DES. It is the Commission’s job to do just that. Indeed, that is what brings us here this evening. While the individual members and Commission were greatly concerned about the violations, and pointed out previous violations, the applicant’s violations are not a cause for the recusal of Commission members. Knowledge of these violations resulted from Commission members doing their job.
It is worth noting that the Commission previously approved the limited logging road proposed by the applicant as well as the access road over Lot 44 to Lot 99 and expressed no concerns regarding these roads.
The Commission considers the current application as separate from previous matters before it.
Holly said that she does not believe there is any cause for her recusal. She has not prejudged the new application before them and can consider it without bias.
Terry Stamps said she believes she can hear the issue without bias.
Martha Sunderland said she feels she can be non bias and not prejudged.
Tom Watman said that he has no animosity towards the Patenaude’s, can offer a fair judgment and will not be recusing himself.
Denise Rico feels she can look at the project with fresh eyes separate from Lot 99.
Mark Mitch said he has no bias towards the Patenaude’s and feels this is a separate issue.
Attorney Michael thanked the members of the Commission for their statements.
Jennifer McCourt said that they will be discussing a request for a special exception to Article 22 of the Zoning Ordinance. If this was an expedited permit or had less impact, then a permit is not needed, but anything that falls into a higher category requires special exception through the ZBA. This request is for impacts on the existing logging and haul road on Lot 102g from Lot 103x with a final impact of 9,573 sq ft and with 5,703 sq ft of restoration of alternation of the roadway. The roadway is part one of a two phase project to be used for accessing the back side of Lot 102e and for logging operations on this parcel.
No special variance has been granted in the past and the most recent action is the subdivision of Lot 102. The logging road was placed to minimize wetlands impact to Lot 102g in a proper location to provide off road access to Lot 98 in the future. Other access would be to access Old Warner Road.
Jenn said they did consider other possibilities, tried to minimize wetland impact, and this location made the most sense.
The area is compatible with its surrounding and is located within the commercial zone and is a permitted use.
This usage will not create traffic hazard because it is away from the public roadway and will actually reduce the traffic on the public roads and be on a private road.
The granting of the permit would be in public’s interest because it would place all of their trucking traffic away from public view and would stay on their property.
It would not create hazards to the general public or adjacent neighborhood. This unique opportunity removes all hazards to the public and places the roadway down and away from abutting residential uses. It is in character with parcels in the general vicinity. Common usage in this zone.
This use would not constitute noise or air pollution. The location of the roadway is away from the closest abutter and the condition of the dirt road is better than more existing dirt roads in town.
Jenn said that the above is all of the criteria that the Zoning Board will be looking for.
Jenn said they have also added in environmental best management practice to the water to minimize the impact to water.
Terry asked Jenn to clarify how this removes all impacts to the hazards to the general public. Jenn said the road would not cause hazards to the general public because of where they placed it and there would be no impact to the general public. Terry asked if they are trying to compare this access to Route 114. Jenn said generally speaking to access for logging you have to come off of the public right away, this plan you don’t have to, because it is a private access. To be able to access lot 102g this is a unique opportunity to access though a private access and not through the public road.
Jenn said if Lot 98 was purchased or they decided to go Old Warner Road they would have to come back before the Conservation Commission and the ZBA. She said she is trying to be clear that there could be a second phase to this project.
Denise asked how far away the road is from the break in slope from Amey Brook. Jenn said without measuring approximately 50 ft; the water is not going over it and can be controlled.
Martha asked if the special exception is viewed lot by lot or by project. Martha said this project includes multiple lots, this is being proposed and then it is stated it will be a two phase project to access the quarry on Lot 99. Martha said either way there is wetlands impact on Lot 98 and on Old Warner Road.
Attorney Michael said that the ZBA reacts to what is before them, if there were additional impacts they would have to go back before the ZBA. He said in this instance this is what would go before the ZBA.
Martha said in the past letters to the state where there were concerns about potential expansion they made recommendations that the entire project be considered, but this case is to the ZBA. Mark said the only thing they can say is that they do not have a sense of the total accumulative project.
Jenn said this project stands as is, they are hoping to extend, but this project is as is. This is what they are asking the ZBA to look at; if there is a future project then they would have to go back to the ZBA.
Denise said as Jenn read through the application it discussed the logging road, then discussed future usage. Jenn said she is not trying to read any more into it, she is just trying to be upfront that there could be possible expansion in the future.
Attorney Michael said when Jenn McCourt and the Patenaude’s looked at this project, they discussed this is a good way to access the parcel. He said that this is a good way to address the project in terms of slopes and impacts, allowing access around the wetlands, and is a good way to deal with access to the land.
Tom asked if they are supposed to be responding in the same way as the ZBA would. Martha said they are responding to the format given to the ZBA, because that is what the ZBA will be responding to.
Item 1: Appropriate location for requested use or structure
As to the location the Conservation Commission sees no concerns.
Item 2: Compatible with local land uses
Denise said she has a concern about scrapping the area near the banks; if it would cause siltation into Amey Brook. Jenn said they are looking to reduce the impact that was created; erosion control will be put in place to protect Amey Brook and wetlands. Jenn said there is a tremendous amount of silt that is not contributed to this project.
Martha said the special exception is for the full sq ft of the wetland impact. Jenn said it is not written like that in the zoning book. DES looks at the permanent impact; yes part of the mitigation is to take the area out. Martha said the area will be included in the dredge permit. Martha asked if it is a wetland impact, or a dredge wetland impact as well as wetland impact.
Jenn said they are not trying to create a new wetland, but they are dredging an existing and adding loam back up and providing seeding.
Martha said the impact to the wetlands includes the dredging. Martha said when they have a project that is mitigation it needs to be captured in the permit, so as to hold the applicant responsible in their permit. Mark asked if it is relevant to the Zoning Board. Martha said the reason that the Zoning Board reviews is presumably protective, she wants to make sure both parts of this project are captured. Martha said if the special exception is given they need to make sure it gets done properly.
Jenn said the application is asking for the special exception for both parts.
As to being compatible with local land uses the Conservation Commission sees no concerns.
Denise said that the embankment of the roads being maintained and erosion control is important for the long term. She wants to ensure that wash outs are looked out for and repaired as soon as possible.
Item 3: How will the requested use affect traffic or pedestrian safety?
The question was asked if public access will be allowed on the road. Jenn said there is a possibility but it will not impact current roads, public safety or existing courses of traffic.
Item 4: How granting the permit will be in the public’s interest
Martha said the removal of some of the wetland impact is in the public’s interest.
The Conservation Commission sees no concerns.
Item 5: How would this not cause hazardous conditions to the general public or be out of character of the neighborhood
The Conservation Commission said that maintenance of the embankments is a concern. Low impact features need to be maintained in order to avoid impact.
Martha said proposed uses are logging and the other is hauling. Martha asked if there is a provision for a landing at the top. Jenn said there is a pull out.
The location of the roadway is away from the existing neighbor and none of these uses have caused a nuisance.
Tom asked if at some point in time it was decided to open the road up for public use, would they have to go back before the ZBA. It was discussed it is not a public road. Tom said there is nothing in place from stopping the public from accessing the road.
Attorney Michael said it is unlikely, but the road is the road. The Patenaude’s said they deal with the public as customers. Jenn said that is not the intent at this time to open the road to the public. If they were to allow public use, they would keep it under private ownership then they would have to pave it, and go back to the ZBA. They have no intentions to get customers to the new pit; they need to get the material to Henniker Crushed to be processed before it is sold.
Recommendation from the Conservation Commission is that the low impact of erosion features be maintained and repaired as well as the road bed and specialty features.
Terry asked if they need to include any requirements for Amey Brook regarding it being monitored. Mark does not necessarily think there is anything relevant within their purview regarding Amey Brook and there is no point of setting conditions.
Mark asked when they were talking about the road being the same or better than any other in town, is it implying that the additional road wherever it leads it will be to that same size. Jenn said no, she was just trying to compare what was permitted in the neighborhood recently. Denise said what is going to happen with noise and dust are unknown. Martha said dust is an issue. Mark said not sure how to set that as a condition. Martha said dust control is part of maintenance. Noise is an unknown until the trucks start running up the road. Jenn said they can expect the same type of noise as to what already exists, loud noise in that zone.
Holly said that the Conservation Commission is concerned with the maintenance of the road bed, embankments, dust control and erosion control – that these should be monitored and repairs made as soon as possible.
Martha said it might be wise to state that should this ever be paved a new review should occur. Jenn said they could pave a portion of the road for erosion control if the intended use changes, but then they would have to go back to the ZBA.
Tom Watman moved, Martha Sunderland seconded to inform the ZBA that subject to the items included within the minutes they feel that the special exception should be recommended.
Mark Mitch amended the motion, Terry Stamps seconded to include that there are no additional comments beyond the observations and recommendations.
Mark Mitch moved, Terry Stamps seconded that after review of the applicants request for Special Exception the Conservation Commission has no additional comments beyond the observations and recommendations included in the minutes. All were in favor.
Intent to cut for lot 705B
River Road 59 acres
Scattered cut
Review and approve minutes of April 7, 2010
Martha Sunderland moved, Terry Stamps seconded to approve the minutes of April 7, 2010 as amended. All were in favor.
Report on “Saving Special Places” Conference on April 10, 2010
An update was given on the seminar attended by Holly and Terry.
Other Business
The Commission discussed possible candidates to serve as alternate members on the Conservation Commission.
Denise informed the Commission that the River Advisory Committee is short on river assessment volunteers. They are short on people to do summer sampling of the water every other week on a Saturday. They are short on monitors for Contoocook, have no one in Hopkinton and no one in Concord. Mark said he is willing to do it. Denise will find out if they have to do v wrap training.
Martha informed the Commission that her family’s easement is still ongoing. The survey is no longer good enough and they have to verify the survey. They are working on getting the documentation.
Terry Stamps moved, Mark Mitch seconded to adjourn at 9:07 p.m. All were in favor.
Town of Henniker
Conservation Commission Meeting
Wednesday, May 5, 2010
Henniker Grange Hall
Members Present: Holly Green, Chair, Martha Sunderland, Mark Mitch, Thomas Watman - Selectman ex-officio, Mike Peck
Recording Secretary: Cherry J. Palmisano
Holly Green, Chair called the meeting to order at 7:15 p.m.
Review and approve the minutes of April 21, 2010
Holly Green moved, Martha Sunderland seconded to approve the minutes of April 21, 2010. Passed
Copy of the Municipal Conservation Fund Guide Book published by the Society for the Protection of NH’s Forests.
Nevins Property Stream Bank
Stabilization
Wetlands impact application to DES for minimal impact on an agricultural project
located at 623 River Road
Correspondence from Pats Peak regarding parking lot run off. All silt has been removed and they are working on a plan.
Dated April 19, 2010
Shoreland Application #2010-00850,
6 Hemlock Circle Loop
Tax Map/Lot # 1/ 107A
Dated April 19, 2010
NHDES, Request
for more information for the Alternation of Terrain permit for Henniker Crushed
Stone
Dated April 19, 2010
Community Profile Celebration and
Potluck
Friday, May 7, 2010
Draft letter to ZBA on Wetlands Exception Application for Lots 102 and 103-X
The Board reviewed and made edits to the letter addressed to the ZBA drafted by Holly Green.
Other Business
Martha mentioned Lot 342 and said that the lot is being cleared and there have been past wetlands concerns with the property. Holly will contact the town to make sure the Conservation Commission is kept informed on any building or septic permits on the lot.
The Conservation Commission discussed looking into the rules for agricultural disturbances for wetlands.
Mark Mitch moved, Tom Watman seconded to adjourn at 8:05 p.m. Passed
Town of Henniker
Conservation Commission Meeting
Wednesday, May 19, 2010
Henniker Grange Hall
Members Present: Holly Green, Chair, Denise Rico, Martha Sunderland, Terry Stamps, Bob Stamps, Mark Mitch
Guests:
Recording Secretary: Cherry J. Palmisano
Holly Green, Chair called the meeting to order at 7:00 p.m.
Review and approve meeting minutes of May 5, 2010
Holly Green moved, Martha Sunderland seconded to approve the minutes of May 5, 2010 as amended. Passed 3-0-2.
Intent to Cut
Lot 540X-1 Bennet
3 acre cut
Forestry Foundation is having a Wildlife and Woodsland Conference on June 4, 2010.
New Commissioners Workshop on May 22, 2010
Monadnock Institute News
Currier & Ives Cultural and Scenic Byway Advisory Council
Holly told the members she received an email from Nicole Gage asking if the Conservation Commission has selected a member from the Commission to represent the town at the Currier & Ives Cultural and Scenic Byway Advisory Council. The meeting is on Thursday, May 27 at 6:00 p.m. Denise Rico said that she would attend.
Holly will notify the Selectmen that Denise will be attending.
Other Business
Holly received an email from Peter Flynn asking the Commission if they are alright with the new applicant being appointed as an alternate member to the Conservation Commission.
Martha believes they can have an unlimited number of alternates.
It was discussed that Terry Stamps and Denise Rico are up for re-appointment.
By acclamation the Conservation Commission supports Mike Peck’s application to serve as an alternate on the Conservation Commission.
Holly informed the Commission members that the Patenaude’s asked for an extension for the ZBA meeting. Holly said that she told Nicole Gage she was going to bring the letter back to the Commission for edits. The Commission reviewed the letter from the Conservation Commission to the ZBA regarding the Wetlands Application for Lots 102 and 103-X and made edits.
Terry said that at the Planning Board meeting they started looking at the Earth Moving Ordinance. A copy will be coming to the Conservation Commission for review.
The Commission to another look at the Intent to Cut for Lot 705B and they are proposing a site visit because they have erosion concerns. They will need to contact the landowner for permission.
Mark Mitch said there is a student, from NEC, that is going to be doing water sampling this summer of French Pond.
The Commission discussed turbidity sampling and compiling the data of the testing done throughout the years.
Bob Stamps moved, Mark Mitch seconded to adjourn the meeting at 8:08 p.m. All were in favor.
Town of Henniker
Conservation Commission Meeting
Wednesday, June 2, 2010
Henniker Grange Hall
Members Present: Holly Green, Chair, Martha Sunderland, Terry Stamps, Bob Stamps, Mark Mitch, Mike Peck, Thomas Watman - Selectman ex-officio
Guests:
Recording Secretary: Cherry J. Palmisano
The meeting was called to order at 7:07 p.m.
Back Bay Stone, Old Concord Road
Holly informed the Conservation Commission that Dennis Sturms left her a voicemail to tell the Conservation Commission if they want to take a look at the wetlands that he is filling, they are welcome to do a site walk. Martha said it would make sense to wait for the permit application.
Review and approve meeting minutes of May 19, 2010
Terry Stamps moved, Mark Mitch seconded to approve the minutes of May 19, 2010 as written. All were in favor.
Southern New Hampshire Planning Commission is sponsoring the Piscataquog Watershed Land Conservation Plan Public Forum on June 24, 2010 at New Boston Central School.
Intent to Cut
Lot 742
accessible from Rt. 114
30 acre cut
Lot 743
accessible from Rt. 114
60 acre cut
Lot 119L
Ray Road
4-5 acre cut
Letter from Schauer Environmental
Consultants to DES Wetlands Bureau, regarding New England College
DES File No. 2009-01240 (Army Corps of Engineers #2009-01707)
Grove Street Athletic Field
Request for more information,
dated May 21, 2010, from DES to Patenaude Properties regarding Lot 102 and Lot
103X.
DES File No. 2009-02231
Review proposed excavation regulations and draft comments
The Conservation Commission reviewed the revised Excavations of Earth Materials regulations (Chapter 201) proposed by the Planning Board and made comments to submit to the Planning Board. They discussed that the Planning Board is the regulator and noted that this definition should be clarified in the regulations.
Terry asked the Conservation Commission if they feel anything is missing from the regulations. Martha said she did not see anything regarding native vegetation being used in reclamation. Bob asked about the visual barrier. Terry said the state requires visual barriers to any state road. Bob would like to see the regulation state a visual barrier is required on any road and needs to be maintained during the operation of the pit.
Martha volunteered to draft a letter to the Planning Board incorporating the Commission’s comments.
Other Business
Holly asked if anyone had any comments on the DES Innovative Permitting Initiative. Mark said it is aimed towards large municipalities and large projects. Martha said it was very complex.
Adjournment
Bob Stamps moved, Terry Stamps seconded to adjourn at 8:30 p.m. All were in favor.