Conservation Commission

Minutes

July 11, 2006

Official as of September 5, 2006

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

PRESENT: Chairman Stephen Roy, Vice-Chairman James Ryan, Loren O’Neil, Steve Hampl, Alternate Pauline Lemelin, Board Administrator Linda Smith, and Board Secretary Lisa Fellows-Weaver.

VOTING DESIGNATION: Steve Roy, Jim Ryan, Steve Hampl, Pauline Lemelin, and Loren O’Neil.

ABSENT: Alternate Wini Young

MINUTES:
Jim Ryan makes a motion, second by Steve Roy, to approve the minutes of June 1, 2006, as written. Motion passes; 3/0/2. Pauline Lemelin, and Loren O’Neil abstain, as they were not at the meeting. 

Jim Ryan makes a motion, second by Steve Roy, to approve the minutes of June 6, 2006, as amended. Motion passes; 5/0.

PUBLIC INPUT:
Jeff Sexton, 46 Harmony Road. Map 222; Lot 51. Mr. Sexton is present to meet with the board regarding the boardwalk project that he has been working on. He explains that they have been working with a consultant firm who has completed all permitting through NHDES. Mr. Sexton explains that the boardwalk is to allow access to the peninsula and he would like to know if the commission knows of any additional steps that may be required.

A discussion is held regarding the wetlands between the house lot and the
peninsula. Mr. Sexton explains that he is building the board walk to a physical piece of land that would support a septic system. He adds that there will be no additional secondary structures on the peninsula property. Mr. Sexton explains that there will be an easement for the neighbors as this is a shared project. Mr. Roy states that the proposed project is the least impact to the land and if there will be more shore land development. Mr. Sexton replies no.

Ms. O’Neil asks about a maintenance plan. Mr. Sexton replies that they do not have a schedule developed at this time; however, the easement addresses the cost for maintenance. Mr. Roy notes that they will be required to meet the state’s shoreland protection act.

With no further comments or concerns, Mr. Ryan makes a motion; the conservation commission has reviewed the information from NHDES and finds no fault with Mr. Sexton proceeding with the project. A copy of the permit being
registered at the registry of deeds office will be provided to the town, as required in the permit. Second by Ms. Lemelin. Motion passes unanimously; 5/0.

APPOINTMENTS:
John Draper, Big Buck Road. Mr. Draper is present regarding the existing
bridge that is over a ditch, which is in need of replacement. Pictures are
provided and reviewed. The total span of the bridge is 18’ x 13’ with 10’ steel
beams underneath with railroad ties on the top. Mr. Draper states that they
would like to replace the bridge with a box culvert. He adds that the railroad ties
can be penetrated with a screw driver. Mr. Draper states that the owner knows the boards are rotting; however, he is not one of the residents. 

Discussion is held regarding the process of culvert replacements and the
application process. The correct application is deemed to be a minor standard dredge and fill. Safety is discussed relative to crossing the bridge and having delivery vehicles cross. Mr. Roy suggests that an emergency approval be requested from NHDES due to safety for the seven existing year round homes that are accessed via the bridge.

NEW APPLICATIONS:
Minimum Impact Expedited Application: Paul Stillwell, Gulf Rd. Map
117/Lot 41. Crystal Gosselin is present representing the applicant. She
explains that Mr. Stillwell has hired an engineering firm to survey the lot of
3.3 acres. Wetlands have also been delineated and there are 1.2 acres of contiguous upland soils. The applicant is seeking a minimal impact wetlands permit to install a culvert to gain access to the buildable land. She adds that there is a septic design ready when the permit is issued.

The application is reviewed and following information is requested:
• Construction sequence and proposed materials
• Distances from existing condition, and proposed work to the abutting property lines
• Provide the additional plan showing existing and proposed structures as part of the application or amend the existing driveway plan to depict the existing and proposed structures.
• Identification of all abutters on the plan
 
Steve Roy makes a motion, second by Jim Ryan, to send a letter to Mr. Stillwell stating that the NCC is in need of additional information. Motion passes unanimously; 5/0. Jim Ryan motion for Steve Roy to be notified when additional information is received and for him to review the materials and approve, if applicable. Second by Pauline Lemelin. Motion passes; 5/0.

OTHER:
Tom Demeritt – 1020 First NH Turnpike
Ms. Smith states that she has spoken to Interim Administrator Harriet Cady regarding the Demeritt property who stated that the selectmen are still in discussion with Mr. Demeritt. Ms. Smith states that she reviewed the selectmen’s minutes and it appears that Ms. Cady had some contact with the police department, who may be interested in retaining the land. This will be further discussed with the selectmen and police department. Mr. Ryan will contact the police chief for information regarding the intentions of the land and Mr. Roy will contact Mr. Demeritt as to the status of the project. Additional discussion is held regarding the property being used as a leach field for the police department, as they are currently using the septic from the old post office and should it fail, it would need to be replaced. Additional discussion is held regarding the property and a Class 6 road. Ms. Smith states that she will contact Marion Knox regarding any history of Old Canterbury Rd. she may know.

Low Agreement:
A discussion is held regarding the Low property. Mr. Roy states that on June 27 he attended the selectmen’s meeting in support of the Low project and the draft agreement. The selectmen agreed to send the agreement to town counsel and he requested a response for the July ZBA meeting. Mr. Roy states that he also sent a letter to the water district requesting a meeting. Staff replies that there has been no response to date. Additional discussion is held regarding the agreement drafted in support of the Low project, which guarantees a public access and allows use of the property for the water district for wells should it become necessary. Mr. Roy adds that Mr. McKay attended the selectmen’s meeting and expressed concern with the property and he tried to address his concerns.

CORRESPONDENCE:
Email~Koenig, Rochester Road. Map 232/Lot 32.
Ms. Smith states that she received an email from an abutter, Mr. Peterson, regarding the Keonig variance, which was granted by the ZBA. Ms. Smith explains that the abutters were moving and did not receive their certified letter in time. Ms. Smith states that the Petersons are concerned that the ZBA approved the variances. The application was presented by David Allain, a wetlands scientist, who stated that a wetlands permit would be required for the driveway crossing. The applicants wanted the approval to build before they obtained a wetlands crossing permit. Mr. Peterson feels that the wetlands flags are incorrect and requested that NCC investigate. Ms. Smith states that the ZBA granted the variances for lack of road frontage and undersized lot. Wetland maps are reviewed and the property is deemed to be in a prime wetland area. Mr. Roy explains that a public hearing is required by the state for a prime wetland. He adds that the variances should not be valid as the decisions were based on the plan submitted that does not accurately show the prime wetland setbacks, specifically 100 ft. in accordance with the town’s ordinance, Section 5.01(E)(1). 
 Ms. Smith replies that it would be grounds for a rehearing by a party that
would be aggrieved. She adds that the NCC would not have any standing and thinks it would be the responsibility of the selectmen.

The commission agrees to reply to Mr. Peterson and also to notify the building department and the ZBA of their findings. Steve Roy makes a motion, second by Loren O’Neil, to send the letters out as discussed. Motion passes; 5/0. Mr. Roy requests that the ZBA memo be emailed to him as a FYI.

Code Enforcement Correspondence:
A memo has been received from Dave Hickey regarding dock permits for Blanchard, 15 Esther Lane. Map 109/Lot 26:7 and for the area on the corner of Lake Shore Dr. and Rte. 4 (west end across from Lake View Antiques). The commission does not recall applications for either of these addresses and replies on the memo sent that no applications have been filed for these two docks along with a copy of a seasonal dock notifications for the CEO to mail out. Further discussion is held regarding the right of ways for roads. 

Johnson Appraisal:
Mr. Roy asks if an addendum has been received from Capital Appraisal. Staff replies no. The commission agrees that the invoice should be placed on hold. They feel that they do not have the correct information and the job is not complete. Steve Roy motions, second by Jim Ryan, to hold off paying the Capital Appraisal invoice until additional information is received. Motion passes unanimously; 5/0. Steve Roy requests to be informed when an addendum is received and offers to review it for completeness. 

All other correspondence is reviewed.

Warrant Articles:
Ms. Lemelin suggests that the commission begin working on discussing warrant articles. To be placed on the agenda.
• Land Fund
• Town Forest
Mr. Ryan requests a copy of the NCC budget. Mr. Roy suggests that members review the town’s development ordinances before the next meeting.
Adjournment:
Jim Ryan makes a motion, second by Loren O’Neil, to adjourn at 9:34 p.m. Motion passes unanimously; 5/0.

Respectfully submitted

Lisa Fellows-Weaver
Board Secretary