Conservation Commission

Minutes

January 2, 2007

Official as of March 6, 2007

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

PRESENT: Chairman Steve Roy, Vice-Chairman Jim Ryan, Steve Hampl, and Board Secretary Lisa Fellows-Weaver. Board Administrator Linda Smith, and Alternate Wini Young arrive at 7:04.

VOTING DESIGNATION: Steve Roy, Jim Ryan, Steve Hampl, and Alternate Wini Young.  

ABSENT: Alternate Pauline Lemelin and Loren O’Neil.

MINUTES:
December 5, 2006: Jim Ryan makes a motion to approve the minutes of 12/5/06, as written. After discussion, Mr. Ryan retracts the motion. Jim Ryan makes a motion, seconded by Steve Roy, to approve the minutes of 12/5/06, as amended as follows:
Page 2: Docko: Change: “meeting” - meet 
Page 2: Docko: Change: “Balessario” - Ballastaro 
Page 3: Robinson: Change: “tot eh” - to the
Page 3: Other: Change: “s” - is
Motion passes unanimously; 4/0.

December 22, 2006: Jim Ryan makes a motion, seconded by Steve Roy, to approve the minutes of 12/22/06, as amended grammatically. Motion passes; 3/0/1. Wini Young abstains as she was not at the site walk. 

APPOINTMENTS:
Dave Allain: Koenig, Rochester Rd. Map 232; Lot 32. Mr. Allain is present
representing the Koenigs. Mr. Roy states that the Koenigs received a variance;
however, it did not reflect the 100 ft. associated for prime wetlands. Mr. Allain
explains that that is not an issue that needed to be addressed. The town has prime wetlands designated on the property; however, more than 100 ft. from the proposed structure and septic system. There is a crossing, which is adjacent to the prime wetlands. Mr. Allain states that he has not submitted any applications and is here for the commission’s input.  

Mr. Allain explains that the plan went before the zoning board for dimensional requirements for frontage and lot size. The proposal was approved then a letter from an abutter was received who in fact is not an abutter. He adds that there was also a letter received from the NCC stating that the commission believed the lot was protruding into the prime wetlands. 

The prime wetland maps are reviewed. Discussions are held regarding the interpretations of soil types on the Koenig’s property and wetland boundaries.
Mr. Allain explains that there is a driveway crossing proposed. The definition of a structure is read and a box culvert is determined to be a structure pertinent to the driveway. Mr. Koenig feels that there is not a prime wetland. Mr. Roy states that in the review of the plans the correct buffer was not established and the point was brought up after the approval was granted. 

Mr. Allain states that there is not an application present and he is just seeking input from the NCC before he does an application. He further explains that the driveway has been in existence from the 1950’s. He adds that there is limited area of the property for access.

Ms. Smith explains the ZBA process and Mr. Allain adds that there was nothing presented at the application time that there was prime wetlands involved.

The board requests that Mr. Allain provide an application with a plan to the NCC, in which they will review and discuss the proposed work. 

Mr. Allain requests a copy of the prime wetland map as discussed relative to this property.

David Docko: Quarry
David Docko is present along with Tim Rath from Green Mountain Explosives, LLC. Mr. Roy explains that the proposal is for a quarry within the Big Woods Conservation Overlay District. He adds that the proposal is for commercial activity within the overlay district that restricts the activity to residential; other restrictions apply regarding preservation of land and water resources. Mr. Roy adds that an easement is currently a potential for the project or land purchases around the project area as an offset.

Mr. Docko states that the aquifer matters need to be addressed. Ms. Young states that she will be meeting with Hoyle and Tanner as they have documents from 1988 and 1989 that she will review regarding the aquifer. Mr. Docko introduces Mr. Rath and states that he has information on explosives related to the shockwaves, fracturing of the ground over and under the surface.  

Mr. Roy states that there are two separate activities; one is the quarry operation and storage of explosive materials on site. He mentions that there will be permits required and reviews Permit E-155.

Ms. Smith states that the ZBA has requested the NCC to review the proposal and provide input regarding supporting the proposal due to the overlay districts and determining the use. Ms. Smith adds that Stafford Regional Planning Commission created the overlay districts in 1999 when the new zoning was proposed. She states that the purpose of the overlay district and designation of the areas was based on general discussion from the conservation commission and the planning board to target certain areas of undeveloped areas with sensitivity to the natural habitats. Ms. Young adds that the master plan mentions that an aquifer was identified in that area and it should be protected. She notes that there was a feasibility study completed by the Water District.

Mr. Roy explains that with the blasting, there is a potential for nitrates to enter the water table. He adds that perchlorate is a concern and any other related blasting constituents. He adds that even though the proposal is to be above the water table there are still concerns and the area has been identified with a high water resource value.

Mr. Roy reviews the requirements with the permitting process and notes that a reclamation plan may be required.

Mr. Rath states that his company can provide a blast plan for the quarry, which would predict air blasts, ground vibrations, so they it could be controlled. He adds that as far as shutting of an aquifer with just ground vibration, there is no scientific evidence that this could occur. It takes earthquake magnitudes for that to happen.

Mr. Rath states that there is no lead left behind from the blasts. He explains that the chlorates are excellent oxidizers as they pack oxygen and sensitize the explosive; however, they do not use these. As far as nitrates, nitrates are used in almost all commercial explosives; however, correctly short blasts they are consumed. He continues that as far as damaging the aquifer, Mr. Rath explains that the important thing is to know where the aquifer is and then the matter can be addressed.

Mr. Roy asks the depth of the water at the site. Mr. Docko replies that there is  standing water adjacent to the quarry. It is all ledge with an area trapped. Mr. Docko adds that the nearest well would be approximately 3,000 ft. Mr. Roy explains that the commission could request that there be wells installed as part of the permit.

Additional discussion is held regarding what the commission will support. Mr. Ryan states that the plan is preliminarily and the commission needs to have more substantial information and plans. He adds that there should be some type of a commitment from the abutters. Mr. Hampl states that the commission needs to view the restrictions and the materials gathered from Mr. Docko. He states that the surrounding land sites and obtaining access from the abutters is important and they need to not be in opposition to the proposal. Mr. Young states that she is not comfortable with the proposal. She needs more information relative to the wetlands in the area and the aquifer concerns.

Mr. Docko states that he would like to move forward with the quarry proposal. He explains that there is a total of 140 acres. He states that he is able to offer a plan through the middle of the Big Woods that would be helpful in conserving land and addressing concerns of future development. He adds that the land behind the quarry and around it could be put into an easement, which totals 60-80 acres. Mr. Docko adds that he has not begun the state permit process.

Mr. Ryan states that it is hard to make any judgments and requests a site plan defining the foot print of the area. Mr. Hampl agrees. Ms. Young states that a site plan would be necessary and a more detailed plan delineating the land in area of Sherburne Brook, and Bow Lake. She suggests that the drainage patterns also be delineated. Mr. Docko states that this is the highpoint of the lands around the watershed. Ms. Young adds that this area drains into three wetlands. She expresses concern regarding erosion and sediments.

Mr. Roy states that Ms. Young will talk to Hoyle and Tanner regarding the aquifer and he will review how the land in the conservation district was established and why it was put into the conservation district. Mr. Roy requests that a site plan be provided for the quarry operation and a layout of what will be done for the protection of the environment around the quarry.

Mr. Roy states that he is supportive of the 2300 ft. radius as a larger protected conservation area. He feels that there is a value. Mr. Docko states that they will provide some information regarding the quarry plan. Mr. Ryan requests that similarities of other types of business within the State of NH.

Robert Graves: 90 Green St. Map 231; Lot 24.1
Dan Kern and Phil Auger from Bear Paws Regional Greenways are present along with Robert Graves III, and Robert Graves Jr. Mr. Kern provides a project summary sheet and states that the cost of the project would be around $200,000. Another $5-6,000 would be needed to cover the transaction costs. He explains that they have submitted the project to the LCHiP register and are planning to submit it to the Department of Fish and Game for land owner incentive program for funding also. He adds that they are trying to reduce the requests to the town so that the project can be completed. He asks for the NCC support and for a possible appraisal. An appraisal has been scheduled.  

Prime wetland maps of the Acorn Ponds area, the Low, and Rooney properties are reviewed. Discussion of the property and surrounding areas ensues. There is an active beaver dam near by. Mr. Roy states that the property has a designated prime wetland on it, it is within the local conservation overlay district, and Mr. Graves referred to the area as a wildlife action plan. Mr. Graves states that he has hired an appraisal company and a shared cost would be up to $750. Mr. Roy asks if there are any particular survey requirements with the pursued grant applications. Mr. Auger replies that there are no potential grants. Mr. Roy notes that this property is beyond the radius for a source water protections grant.  

Mr. Roy states that the commission needs to have an official quote provided. Further discussion is held regarding the invoicing process. Mr. Auger states that Bear Paw would collect all of the monies. Mr. Graves states that they would pay back the monies to the NCC should they decide to not proceed. Ms. Young feels that this is a good investment. Mr. Ryan feels that the project is worth while to be conserved in its present state. He adds that he walked the site along with Mr. Hampl and saw evidence of wild life. Mr. Roy asks if there will be restrictive covenants placed on the property. Mr. Graves replies that the property is currently open to hunting and public access. Mr. Auger adds that fish and game requires public access. Mr. Kern adds that fish and game has been on the property. Mr. Hampl requests that the NCC have a copy of fish and games documentation as to what they saw on the property.

A discussion is held regarding the appraisal process as Mr. Roy notes that the applicant has received the appraisal. Ms. Smith states that the conservation fund is  exempt from the purchase policy. Mr. Roy states that the father is the parcel owner as a trustee of the trust fund. Mr. Auger explains that Mr. Graves Sr. has allowed is son and grandson to pursue this project. It is determined that a legal writ would need to be provided. Bear Paw will provide working for the documents necessary for the NCC. Jim Ryan makes a motion, second by Wini Young, that the NCC has reached an agreement with the Graves to fund half of the appraisal fee. Steve Roy makes an amendment to the motion to reflect that the $750. would be compensated to Bear Paws and will not exceed $750. Jim Ryan seconds. Motion passes 4/0. Amendment passes unanimously; 4/0. Mr. Roy requests that a copy of the quote and agreement be received and the NCC will meet to review the materials and sign. Jim Ryan makes a motion, second by Steve Hampl, to authorize Chairman Steve Roy to review and sign the agreement. Motion passes unanimously; 4/0.

A discussion is held regarding the schedule of the project. Mr. Kern states that they are hoping that by the middle of the summer they will have most of the funding from the outside sources.

Ms. Smith states that the Graves have spoken to the town’s planner regarding a subdivision. Mr. Auger explains that this would be for the remainder of the parcel with potentially a reserved right to create one additional lot. He adds that nothing needs to be specified in the easement language. Ms. Smith explains the land assessment and current use process. Mr. Kern adds that they would encourage the applicant to pursue land changes and projects sooner rather than later. Mr. Ryan Further discussion ensues regarding a subdivision and how it could be completed on this parcel.
Elizabeth Rooney: Allen Farm Rd. Conservation Easement Map 220; Lot 10.
Dan Kern and Phil Auger from Bear Paws Regional Greenways are present. Mr. Kern states that he has submitted a request to the NCC for their support for a conservation easement. He is requesting that the NCC share the cost for the survey. This is a gifted easement to both the Town of Strafford and the Town of Northwood. Mr. Kern states that the Strafford is paying for all other transaction costs and the project has been completed. 36 acres is the total of the easement with 16 acres in Northwood. The property was a tree farm that abuts wetlands beyond the Graves parcel.

Mr. Kern states that the total survey proposal was for $7000. He is asking for $3500 for a contribution from the NCC. He adds that the entire project was about $10,000. NH Estuaries Program has tentatively approved $3,000. Mr. Kern states that Bear Paw is the primary easement holder. Mr. Auger adds that the language has been recorded. Steve Roy makes a motion, second by Jim Ryan, to support up to $3500. for the cost sharing for the Rooney property to come from the NCC land fund. Motion passes unanimously; 4/0. Mr. Kern states that he will provide a copy of the plan with a narrative of the project.

Letter of Interest:
Michael Mattson is present expressing an interest in becoming a member to the conservation commission. Jim Ryan makes a motion, second by Steve Roy, to recommend the appointment of Michael Mattson to the Northwood Conservation Commission. Steve Roy offers an amendment to the motion to note that this will be with a term to expire March 2009. Jim Ryan seconds the amendment. Amendment passes unanimously; 4/0. Motion passes unanimously; 4/0.

Johnson Conservation Easement:
Dan Kern and Phil Auger from Bear Paws Regional Greenways are present regarding the Johnson property. Mr. Kern states that he has provided the amount of $600,000 to the Johnsons in which they feel is to low. Mr. Kern explains that he is looking for the NCC for their support for $600,000 and asks that the NCC consider a full value project. Mr. Kern states that Bear Paw will apply for ½ of the appraised value and the other ½ would need to come from the town plus all transaction costs, which will be approximately $16,000 for a total of $330,000.

Mr. Auger explains the time frame of the project and feels that the contract would be signed around September 2007. 

A discussion is held regarding creating a warrant article for the full funding for the parcel or a petition article. Ms. Smith states that this parcel has been the focus of more discussion across different boards as far as an interest in seeing it permanently preserved if were ever made available based on a number of factors, particularly the view shed. She adds that should the parcel change, in her opinion, it will change the face of the Town of Northwood. She feels that with this parcel more than any, it deserves a lot of opinion and that the preservation is important.
Mr. Ryan agrees.

Mr. Auger adds that there is an opportunity in how to market this when necessary.
Additional discussion is held regarding bonding or appropriation and the time frames of a bond. Mr. Ryan feels that a bond is not the way to go. He feels that a warrant article should be supported by people, not necessarily by the commission. Mr. Roy does not agree and feels that the warrant article should come from the NCC. Wording options for a warrant article are mentioned and will be provided by Bear Paw noting that the possible funding of a grant. 

Low, First NH Turnpike. Map 221; Lot 40:
A discussion is held regarding the appraisal for the Low parcel. Mr. Roy explains that at the end of a site walk the commission reviewed the quote for the survey for the Low parcel from T.F. Bernier. He explains the quote is for a standard survey of the 70+ acres that will be transferred to the town. There will be no survey on the Low portion of the property. He adds that Town Administrator Harriet Cady called him today and she spoke of the NCC’s fiduciary responsibilities and the fact that they may be violated if the NCC should pay more than the appraised value of the property. He adds that as individuals, the NCC members may be personally liable for the difference in price between the appraised value of the property and what was agreed to pay.

Mr. Roy states that he explained that in 1987, the parcel was sold to the water district for $1500/per acre and that is what is being paid out for it now, which was also over the appraised value. Mr. Ryan feels that this should be addressed with town counsel. Ms. Smith states that she spoke to Ms. Cady and stated that previously there was a need for water that would have created the ability to not strictly adhere to from the appraisal which does not appear now. Mr. Roy states that the NCC communicated that when the counter offer was presented to the Lows the Lows refused to present a counter offer.

Mr. Ryan states that the NCC is buying land that is estimated at $1000 per acre as it is unbuildable. The owners wanted $1500, which was paid to them years ago for a neighboring parcel. He states that the NCC is interested in this parcel for the  conservation land and that it is on an aquifer adjacent to the water district land. This is water for the future. Ms. Young adds that the NCC could argue that the town  still needs the water.

Mr. Roy asks if the NCC feels that they have met all of their fiduciary responsibilities, looked at all of the issues, do we feel that this is a responsible price to pay, did NCC try to get other offers. Additional discussion is held regarding personal liability and conflict of interests.

Mr. Ryan again suggests contacting counsel. Ms. Smith explains the process of contacting counsel and that the NCC does need written approval to contact legal counsel; however, written approval is not required for expenditures from the conservation land fund. Ms. Young states that she is not an abutter and the water district is a separate municipality. Steve Roy makes a motion, second by Jim Ryan, to contact legal counsel and expend from the NCC land fund as this is  associated with the commissions authority to appropriate monies from the land fund, up to $500. Vote: 3/0/1. Ms. Young abstains.

Steve Roy makes a motion, second by Jim Ryan, to propose the following question: Would agreeing with an individual land owner to pay more than the appraised value of a property violate the fiduciary responsibility of an individual conservation commission members if they were not connected to the property or the owner, in an abutting way, professional, or a direct relationship way. Vote: 4/0.

Jim Ryan makes a motion to allow Steve Roy to represent the NCC in any requests by counsel to make verbal clarification of this particular subject matter that the NCC discussed and voted on, via email for documentations. Steve Hampl seconds. Vote: 3/0/1. Steve Roy abstains.

Ms. Young states that at no time has she or her family benefited financially from the water district or entered into any negotiations with the water district. She states that the village is a governing body. She has no personal profit.

Additional discussion is held regarding the survey for the Low parcel. Ms. Smith states that there is more work in the back of the lot. She mentions the planning board process and asks if the planning board has agreed to this survey. Mr. Roy states that he has spoken to the planning board chairman regarding support of the survey. Ms. Smith states that the Lows will need to come into the planning board for the front portion. She suggests that the NCC pursue the higher appraisal for the entire lot and contact the Lows for a contribution of the difference. Ms. Smith asks about the right of way or easement going to the town’s property. Mr. Roy states that the Lows have verbally agreed to convey the same easement to the town and notes that public access must be provided to the lot was a condition from the ZBA’s variance. Jim Ryan makes a motion for Steve Roy, to contact the Lows to see if they will cover the difference of the two appraisals. Second by Steve Hampl. Motion passes unanimously; 4/0. Mr. Ryan amends the motion for Mr. Roy to contact the survey company to approve the original quote for $17,000 from November 2006. Mr. Hampl seconds. Motion passes unanimously; 4/0.

NEW APPLICATIONS:
 Standard Dredge and Fill Applications:
 1. Branch, 22 Ledges Rd. Map 118; Lot 20.
 2. Coe-Brown Northwood Academy, 907 First NH Tpke. Map 217; Lot 62.

Steve Roy makes a motion for the standard dredge and fill applications to be
addressed at another NCC meeting; 1/16 @ 6:30. Seconded by Jim Ryan. Motion passes unanimously; 4/0.

Natural Resources Inventory:
Mr. Roy states that the NCC has the opportunity to pursue the second stage of the NRI from Paul Johnson of UNH and may put the town on the list, with no further obligations. Steve Roy makes a motion to add the NCC to Paul Johnson’s list from UNH for candidates to extend the original NRI completed two years ago. Wini Young will email Mr. Johnson. Jim Ryan seconds. Motion passes unanimously; 4/0.

Northwood Area Land Management Collaborative:
Ms. Young states that she has been contacted by this organization regarding meeting to address a land management type of program. She requests that the NCC support the research and organization. Mr. Roy makes a motion, second by Jim Ryan, to support the Northwood Area Land Management Collaborative. Ms. Young will be the liaison to the NCC.

CORRESPONDENCE:
All correspondence is reviewed.

ADJOURNMENT:
Motion to adjourn is made by Jim Ryan and seconded by Wini Young. Motion passes unanimously; 4/0 at 11:00 p.m.  

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary