Conservation Commission

Minutes

June 9, 2009

Official as of July 7, 2009

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

Present: Vice Chairman Steve Hampl, Jim Ryan, Wini Young, Paul Lussier, Board Secretary Lisa Fellows-Weaver. Board Administrator Linda Smith arrives at 7:05; Mike Matson arrives at 7:16; and Loren O’Neil arrives at 7:45 p.m.

Absent: Chairman Steve Roy

Minutes
Jim Ryan makes a motion, second by Steve Hampl, to review the minutes later on in the meeting. Motion passes; unanimously; 4/0. 

Jim Ryan makes a motion, second by Steve Hampl, to move the application presentation of the meeting to the next item. Motion passes; unanimously; 4/0. 

Consideration of Applications
Ververidis, 188 First NH Turnpike. Map 231; Lot 35.
Tom Varney of Varney Engineering is present to meet with the commission
regarding the existing art studio, owned by Ververidis. Mr. Varney explains
that the owners are proposing to convert a portion of the art studio into a pizza
restaurant. Mr. Varney states that they will be preparing a site plan for the
planning board and will also need to meet with the zoning board. 

A discussion is held regarding the plan provided for a wetland crossing. Mr. Ryan reads Section 5.01(D)(1) of the Northwood Development Ordinances and explains that a special exception will need to be obtained.

Mr. Varney explains the direction of flow and the seasonality on site. Mr. Varney states that there is not much waterflow; however, he will add the direction of the water flow to the plan. He adds that there are no intermittent streams or vernal pools on site and the site has wet soil with no vegetation to indicate a wetland. He notes that there is a small portion of standing water. Mr. Varney explains that they must get the well location onto the upland. He states that they want to use the shortest route possible for the least minimal crossing. 

Mr. Matson arrives at 7:l6 p.m.

Mr. Varney states that for the protection of wetlands they will be using silt fence and hay bales. Additional discussion is held regarding the crossing. Mr. Varney states that the crossing is 16 ft. wide and the driveway is 8 ft. wide. The plan is reviewed. Abutters are noted on the plan. Mr. Ryan suggests that the elements of materials proposed in the crossing should be listed as well as a statement of work. Mr. Varney notes the cross section on the plan; however, he will add the materials proposed and additional detail of the proposed structure. 
A discussion is held regarding the ZBA process. Ms. Smith states that the applicant must apply to the state and the ZBA prefers to have the wetlands permit approved as the ZBA prefers not to have conditional approvals.

Additional discussion is held regarding holding a site walk. Mr. Ryan suggests that the commission wait so that the chair can be present at the site walk. Jim Ryan makes a motion, second by Steve Hampl, to continue the discussion to July 7, 2009. Ms. Young suggests a joint site walk with the CC and ZBA members. Ms. Smith states that the wetland application needs to be completed prior to finalizing anything with the ZBA. Mr. Matson expresses concern with holding up the applicant if all of the requirements have been met. Ms. Smith replies that July 27 is the earliest that the applicant could meet with the ZBA. Motion passes; unanimously; 5/0.

Appointments
Northwood Area Land Management Collaborative (NALMC)
Ms. Young explains that Ellen Snyder, of Ibus Wildlife Consultant, is doing an ecological assessment for all of the NALMC properties and needs an okay for her to access NH Natural Heritage Bureau information. Ms. Snyder would be looking into records for endangered and threatened animals, and unique habitats. Ms. Young explains that a list will be compiled for all of the NALMC ecological assessment, which covers the entire region. She states that the NCC will receive a report specific to the NALMC region. Ms. Young states that the properties will not specifically be mapped out and adds that the specific location of the species will not be noted on the map. Ms. Young makes a motion for her to email Ms. Snyder, on behalf of the NCC, to grant permission for her to look into NH Natural Heritage Bureau information on town land, within the NALMC neighborhood. Jim Ryan seconds. Motion passes unanimously; 5/0.

Mr. Wallman states that Northwood Meadows Discovery Day has been scheduled for July 11, 11 a.m. to 4 p.m. Mr. Wallman states that there will be many booths including the NALMC booth and a conservation commission booth.

A discussion is held regarding the expenses for the day. Mr. Wallman states that the event sign at the entrance is $150., which includes donated labor; a banner; books of the history of the park written by Ed Burtt; and maps of trails that will be laminated. 

The commission reviews the budget. Wini Young makes a motion to expend $250. from line 100-46111-622/Special Day to cover costs of the event sign for the park entrance as well as the NALMC Banner; not to exceed $150 from line 100-46111-621/Maps for trail maps to hand out and to  laminate and for a larger map at the entrance; and not to exceed $300. from line 100-46111-550/Printing and Education to cover costs for the Ed Burtt book and brochures describing the events. Jim Ryan seconds. Mr. Matson asks if there will be any compensation to the conservation commission relative to the books and maps. Ms. Smith explains that this would need to be a donation to the town and it would go into the town’s general fund. Motion passes unanimously; 6/0.

Mr. Wallman states that Bear-Paw Regional Greenways (BPRG) is NALMC’s fiscal agent. Mr. Matson makes a motion to amend the motion, second by Mr. Lussier, to send funds to NALMC’s fiscal agent, BPRG, to distribute to NALMC. Motion passes unanimously; 6/0.

Appraisal for Anthony Property
A discussion is held regarding the appraisal fee for the Anthony property. Ms. Young states that the commission motioned to appropriate $2,500. and the invoice has been received for $2,600. The May 5, 2009 minutes are reviewed and discussion ensues regarding remaining at the agreed price or amending the motion amount. Ms. Smith states that the motion made was agreeing to pay for the land appraisal up to a specific amount, not to go with a particular vendor. She states that the board can pay $2,500 or make another motion to add an additional $100. Ms. O’Neil makes a motion, second by Mr. Matson, that the board pay $2,500. for the Anthony appraisal as agreed in the May 5, 2009 minutes, to be expended from the conservation land fund, with funds to be provided to Bear Paw. Motion passes; 5/1. Mr. Ryan is opposed. 

Ms. Smith states that a copy of the appraisal has not been received and suggests that a copy be provided prior to paying the invoice. Mr. Ryan makes a motion, second Mr. Hampl, to request copy of the appraisal prior to paying the invoice. Motion passes unanimously; 6/0.

Ms. Young states that BPRG and the Anthonys met and the Anthonys were not overly receptive to the commission’s offer. She explains that Mr. Roy spoke to her and has offered to draft a letter for the next meeting, more of a personal letter from the NCC explaining the commission’s interests. Ms. Young notes that the Anthony’s are still interested in the wetlands preserve projects to protect the bog. They were not receptive to the farm and ranch grant, which helps to provide funds.  

Other Business
Lalish Culvert Replacement
Ms. Smith states that she has spoken with the road agent Jim Wilson regarding a previous discussion of a culvert on the class VI portion of Old Mountain Rd. Mr. Ryan has also looked at the area. Ms. Smith states that Mr. Wilson understood that the Lalishs had worked out an agreement with the town to install the original culvert and they would put the culvert in and they paid for it. She explains that the culvert is now crushed and Mr. Wilson thought that rather than for the control of runoff, it is for more of a stabilizer with wet areas on both sides of the road. It takes the water and moves it back and forth depending on the amount of precipitation. She asks if the CC wants to look at the culvert and determine if it is necessary for the culvert to be replaced and if so, will be the Lalish’s responsibilities to replace it.

Mr. Ryan states that he believes that the Lalishs want to replace the culvert. He adds that the culvert serves some purpose in keeping a balance between two bodies of water. He adds that it would be costly to do something different for all parties involved. Mr. Ryan suggests that the culvert be replaced with the next larger size in diameter. He states that the town should not get involved. Mr. Hampl asks the condition of the culvert and Mr. Ryan replies that the culvert has failed and has been in ill repair for many years.

A discussion is held regarding the status of Old Mountain Road. Ms. Smith states that the expression of “gates and bars” does not mean allowing the road to be closed. She states that a public way cannot be closed; it must be kept open. She adds that the town cannot spend funds on a Class VI road. She further explains the waiver of liability that residents sign when building on a Class VI road. She states that this is a difficult situation now since the culvert has failed and it now needs to be replaced. Ms. Smith states that the selectmen could deem this an emergency and repair it or negotiate with the property owner to have the culvert replaced. Mr. Ryan states that the owner is ready and willing to do the work. Ms. Smith states that the road agent explained that the work could be done under the town’s culvert permit and she suggests a letter be sent to the selectmen and the property owner noting that the issue should be addressed. Mr. Ryan states that the property owner has identified a contractor to do the work and he proposes that the road agent talk to the selectmen and does not feel that this is an issue for the commission. Steve Hampl motions for Jim Ryan to talk to Jim Wilson and the Lalishs and come up with a solution. Paul Lussier seconds. Motion passes unanimously; 6/0.

Cyanobacteria - Harvey Lake
Ms. Young states that Cyanobacteria has been found in Harvey Lake, which is blue green clumps of bacteria that is extremely serious, and can be deadly to pets and make humans very sick. She states that there is a connection of the bacteria with ALS (Lou Gehrig’s disease). She notes that the bacteria is located in the western portion of the lake. A discussion is held regarding the danger of eating the fish. This warning will be added to the town’s website.

Minutes
April 7, 2009
Jim Ryan makes a motion, second by Paul Lussier, to approve the minutes of April 7, 2009, as written. Motion passes unanimously; 6/0.

May 5, 2009
Jim Ryan makes a motion, second by Paul Lussier, to approve the minutes of May 5, 2009, as written.
Page 3: Add: …Sherman…
Page 6: Add: …sunset (cease activity and close)
Jim Ryan amends the motion to note edits. Second by Paul Lussier. Motion passes; 5/0/1. Mr. Hampl abstains, as he was absent.
  
May 12, 2009
Jim Ryan makes a motion, second by Wini Young, to approve the minutes of May 12, 2009. Motion passes; 5/0/1. Mr. Matson abstains, as he was absent.

Forest Management Plan
Ms Smith states that the RFQ’s (Request for Services) has been sent out for the forest services. Mr. Hampl states that he has reviewed the plan provided by Bean Hill and provided an outline of the time frame and schedule for thinning and for proper management. He states that there is not a large amount of work to do this year; however, the commission should address issues a few years in advance.

Ms. Smith states that once there is a forester in place, it can take 12-24 months to get through the process and have the work done. She states that there are narrow windows of time to do the work each year and this time could be just a matter of 6-8 weeks to complete the work. Ms. O’Neil states that some things could be done prior to the 6-8 week time frame. Ms. Smith states that timing, history of work, turn around times, and scheduling are all items that could be discussed during an interview. 

Stipends
Mr. Ryan states that the town report shows that 105 people receive stipends and with budgeting issues in town, he feels that awarding stipends is something that should be addressed prior to the budget process. Ms. Smith states that she believes that the only people that receive stipends are in the fire department. Discussion ensues. Mr. Ryan will further review and the discussion will continue at the next meeting.

Special Reports
Woodman Park Study Committee 
Mr. Matson states that the committee has met for the last time. He reads a letter sent to the selectmen into the record noting the committee’s final recommendations for Lucas Pond. 

Loren O’Neil left at 9:05 p.m.

Correspondence
All correspondence is reviewed and no actions are required.

Adjournment
Ms. Young motions to adjourn. Mr. Ryan seconds and the motion passes at 9:16 p.m. 5/0.

Respectfully submitted,
Lisa Fellows-Weaver
Board Secretary