Conservation Commission

Minutes

August 1, 2006

Official as of September 5, 2006

Chairman Stephen Roy calls the meeting to order at 7:01 p.m.

PRESENT: Chairman Stephen Roy, Vice-Chairman James Ryan, Steve Hampl, Alternate Wini Young, and Board Secretary Lisa Fellows-Weaver. Loren O’Neil arrives at 7:24 p.m.

VOTING DESIGNATION: Steve Roy, Jim Ryan, Steve Hampl, Wini Young and Loren O’Neil.

ABSENT: Alternate Pauline Lemelin

Public Present:
Emily Low, Kevin Hall. Also present are Water District Members John Jacobsmeyer, John Doucette, and Jim Goad (7:26).  

Mr. Roy explains that the purpose of tonight’s meeting is to discuss the Low property and the associated well head protection area.

Mr. Roy provides copies of an agreement that has been drawn up for the conservation commission and the Lows. The agreement has also been previously provided to the selectmen for their review and the selectmen were going to provide a copy to town counsel to review.

Mr. Roy states that the Lows submitted an application to the zoning board for this parcel, which requires a variance because it is a non-conforming lot as there is no road frontage. Ms. Low states that they are requesting permission to subdivide 78 acres from the rest of the property and sell to the NCC.

Mr. Roy states that the ZBA expressed a few concerns relative to guaranteed access to the property and continued the case for 6 months. Mr. Roy refers to the agreement, which states that Lows agreed to give a right of way to the town to use the access road up the western side of the property that they will be retaining; the access road to the pump house. Mr. Roy states that in the Low’s deed to the water district, it states that the Lows have retained the right to assign the use of the right of way to anyone; therefore, they will sign the right of way to the town so the town will have access to the 78 acres.

Mr. Roy states that the ZBA also requested the Lows to request input from the water district regarding their interests as the property abuts the water district well field.

Mr. Jacobsmeyer expresses concern with any activity that may create additional sources for contamination. Maps of the property are reviewed and Mr. Jacobsmeyer explains the areas that have been detected with gasoline components. 

Mr. Roy explains that the conservation commission is moving forward with this project. The long term intent of the 78 acres, over a 5 year period, will be to potentially develop a nature trail or walking trails. The NCC would like to have a small parking area on the access road. Mr. Roy explains that in order for this to develop, the gate currently on Rte. 4 and Neally Lane will need to be relocated farther up the road. He suggests that the location be to stop at the north side of the power lines and have people park on the power lines and there would be a gate for the pump house. People will then walk in to the property from that point, up the west side, off the access road, and across the right of way.

Loren O’Neil arrives at 7:24.
James Goad arrives at 7:26.

Mr. Jacobsmeyer states that this is not a good spot for the relocation of the gate. He states that there was a stone wall that was opened when the property was logged. It became wider to become the right of way. He suggests that the gate be relocated to where the stone wall is. The NCC agrees with this location.  

Mr. Doucette asks how many parking spaces that the NCC feels are necessary. Mr. Roy states that the NCC is looking for 3 parking places. He adds that he has spoken to the NH Conservation Commission regarding how to anticipate monthly patronage and they believe that there could be no more than 5 cars there at any one time. Mr. Roy states that the area is not going to be well advertised, only locally known by residences. Mr. Roy states that the parking area would be approximately 20’ x 16’. He does not anticipate any grade changes and suggests adding pea stone. He adds that there may not be a need for a parking area. Mr. Jacobsmeyer states that he personally maintains the access road and there is not much room on either side for parking or pulling off on the side of the road. He expresses concern with the fact that if a parking area is not provided, patron will park off into the field. Mr. Roy replies that the patrons will define the need of the parking area, the size of the area, or if there is a need for a fence line to define the designated areas. He adds that there will be no vehicles allowed any closer than the power lines.

Mr. Roy states that the project will proceed and asks if there are any other concerns of the water district. Mr. Jacobsmeyer replies that he is concerned about dumping of trash. Additional discussion is held regarding having a developed trail system and the fact that this will be come attractive to ATV and snowmobile activity. Mr. Roy adds that the trail system will be designed to have cattle breaks to prevent this activity and be more for walking, hiking, skiing, etc. Additional discussion is held regarding dumping. Mr. Doucette suggests that further discussion regarding dumping be delayed. He is willing to wait and see what occurs before suggesting against the parking area. Mr. Doucette adds that he likes the concept that people can access the woods via trails and notes that there is not much public access in town. Mr. Jacobsmeyer adds that the risk of contamination must be minimized.

Mr. Roy asks if the commissioners are comfortable with the proposal and moving the gate within the northern end of the transmission corridor, the parking area location, and the walking trail system. Mr. Doucette replies that he is comfortable with the proposal. Mr. Jacobsmeyer states that the district is encouraged by homeland security to not advertise a well field location. 

Additional discussion is held regarding maintenance of the road as the water district is required by deed to maintain the road. Mr. Roy suggests that should the maintenance of the road double or increase to incur more costs, the NCC and water district should meet and address the issues of cost sharing when the need arises. Mr. Ryan notes that there may need to be a new line created in the budget for road maintenance.

Mr. Ryan suggests that throughout this process, the NCC may want to revisit the town ordinances regarding penalties for dumping. Mr. Jacobsmeyer replies that it is hard to police the area.

Mr. Roy states that the expectation is to go before the ZBA in August and state that the water district is comfortable with the project being proposed. He states that the selectmen have been provided a copy of the agreement for their review. No response has been received to date.

Jim Ryan makes a motion, second by Steve Hampl, for the NCC to go back to the ZBA and support the effort and project that the current plan is amenable to the Northwood Water District. Mr. Ryan amends the motion to include that the water district voted in favor of the proposal; 3/0. Mr. Roy seconds the amendment. Motion passes unanimously; 5/0.

Steve Roy makes a motion to have staff forward the proposed agreement, if input is received from the selectmen relative to the agreement, to the ZBA for their review before the August 28 meeting. Jim Ryan seconds. 5/0. Mr. Roy states that the NCC will meet with the ZBA with Emily Low and ask Ms. Low to state that she is in agreement to allow the town access.

Jim Ryan makes a motion, second by Steve Roy, to send a memo to the selectmen stating that all parties recommend the agreement previously provided to you. Please provide a status report as to counsel’s review of the agreement. Motion passes; 5/0.

A recess is called at 7:45 p.m. Session resumes at 8:00 p.m.

Other Business:
Johnson Appraisals
Mr. Roy will return the old Johnson appraisals as it was rejected by the Johnsons. Discussion is held regarding land values and types of grants available.

Town Forest Lands:
Discussion ensues regarding acquiring town forest land monies received from maintenance cutting. The commission may discuss creating a warrant article for applying these monies to the conservation commission’s fund. 

NCRC:
Ms. Young states that the second part of the Natural Resources Inventory (NRI) done by UNH will not be taking place this year. Students have been assigned to other projects and the town may be eligible next year. 

Harvey Lake:
The Harvey Lake Association met with the UNH students regarding their data collection study. A final report was provided to the Harvey Lake Association.

Water Resources Committee:
The water resources committee met with Stone Environmental regarding stormwater management. Mr. Roy explains the funds from the grant received and the planning board’s $6,000 within their budget. He states that the vision of the water resources committee and goal for this year is for a storm water management plan be generated for the town and next year the committee will address surface water and then ground water. Additional discussion is held regarding further testing the lakes and petitioning NHDOT to modify stormwater collection systems along Rte. 4.

Budget:
To be reviewed at the October meeting. Mr. Roy suggests a line item be added to the budget for next year for sampling tributaries.

CORRESPONDENCE:
All correspondence is reviewed.

Adjournment:
Motion to adjourn is made by Steve Hampl and Jim Ryan seconds at 8:35 p.m. Motion passes unanimously 4/0.

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary