Conservation Commission

Minutes

December 2, 2008

Official as of May 12, 2009

Chairman Steve Roy calls the meeting to order at 7:00 p.m.

Present: Chairman Steve Roy, Vice Chairman Steve Hampl, Wini Young, Mike Matson, Paul Lussier, Alternate Pauline Lemelin, Board Administrator Linda Smith, and Board Secretary Lisa Fellows-Weaver.

Absent: Jim Ryan, and Loren O’Neil

Minutes
November 4, 2008:
Pauline Lemelin makes a motion, second by Steve Hampl, to approve the minutes of November 4 as amended, as follows:
Page 3: Change: …RSA 36-a:4… to …RSA 36-A:4…
The motion passes; 5/0/1. Mike Matson abstains as he was not at the meeting.

Minutes
November 12, 2008:
Steve Roy makes a motion, second by Pauline Lemelin, to approve the minutes of November 12, as written. The motion passes; 5/0/1. Mike Matson abstains as he was not at the meeting.

Other Business
Letter of Land Inquiries
A discussion is held regarding sending letters of land inquiries out to certain areas to see if property owners are inclined to support conservation efforts in town in the overlay districts: the Gulf Area, Big Woods area, and the Acorn Pond area. Mr. Roy asks if unsolicited letters have ever been sent out. Ms. Smith states that she has no recollection of Northwood sending out such letters. Ms. Young states that Bear Paw Regional Greenways has done such mailings and she will find out the specific areas that have been contacted.

Mr. Roy asks for thoughts from the other members and if this is a reasonable approach. He explains that a letter could be done similar to the letter that was sent to representatives of the Guptill property and he offers to draft a blanket letter identifying the lots in the area. Ms. Smith states that there is no reason that the commission could not do this. She adds that the assessing department can query lots for lot size and in specific areas.

The commission agrees to have a query done for lots over 40 acres. Mr. Roy states that he feels that he must take a queue from the town’s Master Plan for conservation overlay districts. 

Site Walk Guptill
Wini Young states that she has spoken to Bob Bailey who was not able to attend tonight’s meeting; however, he would like to schedule a site walk of the property for members. Ms. Weaver states that a letter has been received from Leatitia Richards authorizing Bob Bailey to represent parties affiliated with the Guptill parcel. 

Ms. Young notes that the parcel ranks very high in wildlife and wetlands per the Bear Paw’s conservation plan.

A discussion is held regarding the possible uses for the parcel; front acreage could be opened and used for recreational fields, perhaps a parking area for the fields, or many other options for the town.

Property and land values are reviewed as noted on the tax card.

A site walk is scheduled for Saturday, December 6 at 9:00 a.m. 

Special Reports
Lucas Pond Updates
Steve Roy reminds the commission that there was a figure of $12,000 put into the
conservation commission’s budget for the Lucas Pond project. He explains that a
plan has been received from Underwood Engineering noting a few options. He states
that he met with selectmen regarding the commission’s budget along with Linda
Smith and explained that the $12,000 figure was provided without a plan.  

Mr. Roy states that the selectmen determined that funds for Lucas Pond should not
be a part of the conservation’s budget but rather be included in the facilities
committee budget. He explains that originally the conservation commission
contracted services line had $7,000 in the 2008 budget. Only $4,000. was spent. so
$3,000 is left in the contracted services line. After further discussion with the
selectmen it was agreed that the $3,000 can be encumbered for a purchase order for
Underwood Engineering so that they can begin the permit application for the
immediate repairs needed. Mr. Roy states that in the end, it was agreed that the
$12,000 in the CC’s budget was reduced to $1. as the selectmen will cover the
activity noted in the permit application within another department in the 2009
budget. He adds that per an email from Ben Dryer of Underwood Engineering, the
costs for the items may be in the range of $6,000 - $8,000. 

Mike Matson states that at the November Woodman Park Study Committee meeting a discussion was held regarding the Lucas Pond School Lots. Mr. Matson explains that Jim Hadley mentioned that the town sold these lots to the current owners and noted that it may be appropriate that some of these funds be directed to this project. He adds that Mr. Hadley is continuing to work on this information and the idea of using these funds of the school lots as a resource. 
Mr. Matson states that the study committee felt that Underwood’s quote was very high. He adds that the committee did note all three suggestions and plans provided. He explains that all three plans have a drainage area and swale grass noted as a means of diverting water. He states that this seems to be a good solution to the drainage problem rather then a culvert. Mr. Matson states that he would rather see $2,000 for vegetated water quality. Further review and discussion is held regarding the proposed Underwood plans. Mr. Roy states that when talking with the selectmen he explained that a permit for the project is a commitment of the town. He suggests that Ben Dryer meet with the Woodman Park Study Committee regarding the activity prior to obtaining a permit and to further review and discuss the proposed plans. 

Steve Roy makes a motion, second by Steve Hampl, for the Woodman Park Study Committee to coordinate with Underwood Engineering and establish the body of activities covered by the wetlands permit for Lucas Pond, and for which the permitting will be paid for out of the remaining $3,000. or up to this amount, in the conservation commission’s contracted services 2008 budget line. Motion passes; 5/0/1. Mike Matson abstains.  

Budget for Woodman Park Study Committee (WPSC)
Mr. Matson asks if there is any type of a budget for the WPSC for mailings. Ms. Smith states that the committee would need to speak with the selectmen as this is a committee appointed by the BOS. Mr. Roy asks if the conservation commission budget could be used to cover mailings for WPSC. Ms. Smith replies no.

Ms. Smith explains that there must be a contract in place for a plan with Underwood and this must be signed by the selectmen by 12/31/08. This is a real priority for the WPSC and suggests that a work session be scheduled. Additional discussion is held and Ms. Smith states that she will contact Underwood and request an ESR from Underwood, then that can be signed by her with a work scope so that the project can proceed. Mr. Roy requests a draft copy of the permit prior to submitting it.  

Lows Update
Linda Smith states that the planning board has signed the Low plans and the  mylars will be mailed out this week. Ms. Smith states that she is the point of contact for the town for the closing. She asks Mr. Roy for a work scope and she will keep the members updated for closing dates and further progress.

Northwood Lake Invasive Weeds
Ms. Lemelin explains that Mr. Ryan has spoken to Pete Jones regarding invasive weeds in Northwood Lake. Mr. Jones noted that while the lake association was working at Northwood Lake, fish and game representatives approached them and asked some questions as to what is being used in the lake to treat invasive species. Mr. Roy states that usually the organization applying must be licensed by the state to apply. He adds that the application and distribution must also be approved through the states lakes program. Ms. Lemelin adds that she believes Mr. Ryan also noted that NH Department of Environmental Services was also involved. She adds that Mr. Ryan has a meeting scheduled with Fish and Game and he will get some more information.

Site Walk – Camp Yavneh
Ms. Lemelin states that she and Jim Ryan attended a site walk at Camp
Yavneh, Lucas Pond Rd. Map 124; Lot 15. She explains that everything
appeared to be reasonable. The barrier is not proposed to be entering the water
and the high water mark was noted on the plans. Ms. Weaver reads a letter
received from MSC Civil Engineers and Land Surveyor relative to the
commission’s letter sent noting the spillway, footage elevation, and turbidity
controls. After further review, the commission agrees that everything appears
to be fine and all issues have been addressed. 

NALMC
Wini Young explains that NALMC will soon have a website. She states that Bear Paw will now be the fiscal agents of NALMC so that grants can be written. She adds that a grant has been sent to NH Charitable Foundations for an ecological assessment and study of the area and land owner outreach programs. She adds that DRED has granted NALMC permission to blaze trails and make some maps. She further explains that an outreach in education has been created and was very successful with a recent potluck dinner and may schedule more of these dinners.

Ms. Young asks if the commission would be supportive to an Ed Burt Day. She explains that Mr. Burt owned the park area and sold it to the state. She states that Mr. Burt lives in Nova Scotia and would visit the area sometime in the summer. Mr. Roy asks who would be sponsoring the special day, NALMC and DRED. After further discussion, the commission is inclined to support the idea. Mr. Roy adds that the commission will discuss funds when applicable. Ms. Young notes that Bear Paw may be involved as well.

Woolly Adelgid
Ms. Young explains that NH Fish and Game has started a plan for the study of hemlock trees due to finding Woolly Adelgid insects in the area. She explains that NHF&G is proposing cuttings on their property in two phases to trim the trees back to allow better sun as healthier trees perhaps can with stand the attack of this insect. She further explains the cutting plans and the areas to be cut, which will be found on the fish and game website. 

Ms. Young adds that it would be a good idea to let the town’s forester know about the Woolly Adelgid insect as this is occurring not far from the parsonage lot.

Old Mountain Road Crossing
Wini Young states that there is a crossing on Old Mountain Road, which is actually through the Lamprey River that is consistently being driven through. She states that the town owns the road. Mr. Matson states that the road is a Class VI road and is drainage from Betty Meadows. Ms. Young explains that there is more erosion due to the traffic and there is more water in the area. She notes that there is some historical merit to this area. Mr. Roy notes that the Lamprey River is a designated river further south and the area is the Meadows Pond. Ms. Young asks if a warrant article needs to be created in order to add a gate to the area or what else can be done.  
 
Ms. Smith explains requirements of building on a Class VI road and bringing the road up to standards. Ms. Smith states that the town cannot spend any money on Class VI roads except for emergencies. She adds that a road cannot be gated; there must be public access unless the selectmen deem the road to be deficient in some manner.

Mr. Roy states that there may be a statute associated with the rivers management that would prohibit that activity if it is in fact classified as a river as opposed to a stream in that area. He adds that since the town owns the road the town would be responsible to make sure that the crossing of the rivers section conforms to state law.

Mr. Roy suggests that pictures of the activity in the area be taken. He adds that if the area is the Lamprey River then the board will need to meet with the selectmen to address the problem.

Guptill Deeds
Ms. Smith expresses concern with the Guptill deeds. She explains that there appears to be two parcels back in 1928 of 100 acres on the north and south side of Rte 4, which is now tract one of the current deed. At one point the deed was transferred and the lot was accepted out of the north parcel, and in 1986 that piece on the north side was sold. Mr. Roy states that the tax map the CC is reviewing is the south side parcel, which Ms. Smith notes also has a 12 acre parcel on the south side as well. Further history is provided regarding a 33 acre parcel on the south side that was transferred and may actually be incorrectly identified. Ms. Smith states that it appears that this lot is a part of a 100 acre parcel on both sides of Rte 4. She refers to a few letters in the property file relative to the planning board’s requirement of a survey if the property is sold.

Ms. Smith states that there will need to be title research done and she adds that there appears to be a right of way as well for CBNA to access the land. Mr. Roy notes that Mr. Bailey will probably be able to add additional information to the discussion too at the site.

Warrant Articles
Timber Revenue:
A discussion is held regarding harvesting issues and having a new ordinance to
replenish the conservation commission fund and return the timber harvest
monies to the CC land fund as opposed to the general fund where it is now
placed. Mr. Roy states that he does not believe that this is an appreciable
amount of money and he has some reservations pursuing this matter. The
commission agrees to hold off on submitting this warrant article this year.

Current Use Penalties:
Ms. Smith reads a section of the draft board of selectmen minutes from November 12 regarding reducing the current use penalties. A discussion is held regarding if the commission would like to meet with the BOS regarding the percentages. Mr. Roy states that he understands the selectmen’s position with discussing reducing the percentage of penalties and how much the commission received. He adds that one weakness if the percentage is reduced is that it takes a very long time to accrue funds. He mentions that maybe a cap could be adopted rather than adopting a percentage as this would allow the penalties to still accrue in a timely fashion. He adds that this could be a total cap of the fund or a cap on the amount that can be allocated every year. Discussion ensues regarding if a time limit can be established as to when the percentage would need to be increased.

Ms. Smith states that a disadvantage to a cap on the fund would be that the commission would be forced to spend the funds once a certain point is reached. She states that this is not really the best approach and it may be better to have a cap per year established.

Ms. Smith states that she understands the selectmen’s position and adds that it is hard to negotiate with people when real estate is high. She states that during a slow economy this may be a good time to secure properties.

Board Administrator Items
Ms. Smith states that staff has recently attended a workshop regarding changes in current use relative to barns being in current use and the land underneath them. Also mentioned at the class was the Supreme Court decision regarding current use penalties for phased subdivisions. She explains that when a development occurs that uses a density or phasing plan, the penalty would be applied to the entire property after the mylar is recorded even if the entire phase is not completed. She provides some examples of phased development that would be applicable in Northwood.

Mr. Roy states that this must be addressed to the selectmen and town administrator and they need to work with the assessor as this would be a substantial amount of penalties for Northwood. Mr. Roy asks if town counsel needs to provide an opinion of the Supreme Court decision. Ms. Smith states that she will mention this to the assessor and then selectmen.

Milfoil:
A discussion is held regarding the previous milfoil article for $3,000. Ms. Smith will gather this information for the same amount this year. Further discussion is held regarding expanding the milfoil fund to cover the student lake hosts at the beach launches. Ms. Smith notes that the language was modified to include other aspects than just prevention. Mr. Roy requests the language of the current milfoil article. 

Membership Handbook:
Ms. Weaver asks if the member’s handbook could be reviewed so that it could be updated next year. She requests that members provide a list of items that they may want in the book, applications, checklist, directions, maps, etc. Mr. Roy states that this would be a task for January and February. 

Correspondence
A letter of resignation has been received from Pauline Lemelin. Mr. Roy thanks Ms. Lemelin for her efforts and adds that her time and service has been greatly appreciated.

All other correspondence is reviewed and no action is required. 

Adjournment
Pauline Lemelin makes a motion, second by Wini Young, to adjourn. Motion passes; 6/0 at 9:15.

Respectfully submitted
Lisa Fellows-Weaver
Board Secretary