The Town of Northwood, New Hampshire - Conservation Commission Minutes 02/06/07

PUBLIC INPUT:
Mary Armstrong is present representing the Bessettes, 168 Harmony Road, Map 123; Lot 9 for a minimum impact expedited application. The commission agrees to review the application later in the meeting.

APPOINTMENTS:
Dave Allain: Koenig, Rochester Rd. Map 232; Lot 32. Mr. Allain is present
representing the Koenigs. Mr. Allain states that when he met with the board
last month there was some discussion regarding the prime wetlands. He has
meet with Linda Smith and has reviewed the towns records to see what was
submitted to the wetlands bureau. He has also reviewed the wetlands bureau
files relative to the wetlands. He explains that there appears to be some
confusion as to what maps were submitted. He states that he is trying to see
what maps were approved at town meeting. Ms. Young states that the state
would not take the prime wetlands list without the maps being generated. She
explains that someone at the state generated the maps and a copy was sent to
the town. Mr. Roy adds that what was actually voted in at town meeting was a
small scale map of the whole town with the prime wetlands noted. He states
that the map referenced in the warrant article was a town wide map. The state
uses the 1-100 maps; however, the town can only reference the map accepted at town meeting.

Mr. Allain states that he has spoken to Frank Richardson and Rick VandePole, as well as his attorney who stated that the maps would need to be significantly different to create an issue and it would be up to a judge to decide. Mr. Allain states that he would like to modify the section of the map on this property; more extensive on road side and less on the lake side as it is open water. Mr. Roy states that he has concerns with that and notes that a request can be made to the board for delineation with full cost to the applicant. He feels that the issue at hand is that the NCC has no permit application and asks if there is a plan of the full site, which is then provided and reviewed.

Mr. Allain states that all wetlands have been flagged. The road has been on the property since the 1950’s and is used to access a house further back on the property. Discussion ensues relative to the 100’ setback from a wetland. Mr. Allain explains that there is submerged vegetation and Mr. Roy reviews the wetland values.

A discussion is held regarding the buildings and the proposed locations. Mr. Allain provides other options for the locations for the buildings and discussion ensues if changes were made if there would be any difference regarding wetland impacts.

Mr. Roy states that maybe the NCC should consider a revision and suggests that DES walk the area.

Ms. O’Neil expresses concern regarding the commission setting a precedent if the commission were allow this change to occur. Mr. Allain understands and notes that every case is based on site specifics.

As the Koenigs representative, Mr. Allain authorizes the commission to conduct a site walk on the property to be held in conjunction with NHDES, and Mr. Allain. Secretary will email Ms. Wiggin at NHDES and try to schedule something during the week of February 18 through 24.

David Docko: Quarry
David Docko is present. Mr. Roy states that he has reviewed the Northwood Ridge water files at NHDES. He explains that there was a report from Hoyle and Tanner amongst the documents. He states that the overlay districts were created in 1998 and when the Bear Paw maps were created they referenced three large tracts of land with large acreage of undeveloped land, which are now the conservation overlay districts now.

Mr. Docko provides a rehash of last month’s meeting and discussion with Tim Rath from Green Mountain Explosives, LLC. He explains that there is little to no damage to water wells, no contamination and no fractures. He states that when using dynamite the blast is outward not inward. Mr. Roy states that it is very site specific.

The area is reviewed and the radius required for the explosive business. Further discussion is held regarding the purposes of neighboring properties, easements, and agreements due to the radius requirements for the explosive business. Mr. Docko states that the surrounding properties are technically land locked properties and totals approximately 101 acres. There would be 3,000’ of road into the Big Woods and approximately 15-20 acres is the property that would be used for the business proposal.

Ms. Young expresses concern with drainage and the small wetland as the drainage is now into Sherburne Brook. Mr. Roy notes that the NCRC is not supportive of the project.

Mr. Roy states that Mr. Ryan has previously requested a plan of the quarry. Mr. Docko states that he does not have a preliminary plan to date. The board suggests that they review other quarries. Mr. Docko states that Allenstown has a good model quarry and he will contact them and try to schedule a viewing of the quarry.

Robert Graves: 90 Green St. Map 231; Lot 24.1
Robert Graves III is present. Mr. Roy states that the appraisal has been completed by Bear Paw. Comments from NH Fish and Game regarding their findings from their site walk have been received. Mr. Graves explains that Fish and Game noted that this is a wildlife action plan, and is a high priority to them.

Mr. Roy states that the NCC has previously agreed to split the cost of the appraisal as the Graves are interested in a conservation easement. Mr. Graves explains that the parcel is 57.4 acres with a 2 acre floating lot. The appraisals are $48,000 with the floating 2 acre lot or $118,000 without the floating lot.

A discussion is held regarding the grant process and application. Mr. Grant explains that Dan Kerns will be addressing the grant applications for fish and game. Mr. Graves expresses that time is a factor and he is interested in seeing what the town’s interest is as far as a dollar value. Mr. Graves states that NH Fish and Game pays all of the easement value up to $100,000. Ms. O’Neil asks what is needed for the easement. Mr. Graves states that he would like the town to match the $48,000. Further discussion is held regarding the value of the lot. Ms. O’Neil requests that Mr. Graves provide a letter of intent for the cost of the easement.

Mr. Roy states that for the grant, public access would be a requirement. He states that he is interested in the project and feels that this is a reasonable request. Other NCC members are in agreement and feel that this is ascertainable and is reasonable.

Mr. Graves states that he would like the town to be the conservation easement holder. Mr. Roy notes that the town is still waiting for a response from town counsel regarding the fiduciary responsibilities of cc members.

The case is continued to the next meeting, March 6, 2007.

Loren O’Neil left at 9:30.

The NCC requests a copy of the invoice for the appraisal, for $600 for the Graves project on Bear Paw letterhead. Mr. Hampl makes a motion, second by Ms. Young, for the chair to sign the invoice for the Graves appraisal for $600 to come from the conservation commission land fund. Motion passes; 3/0.

Minimum Impact Expedited Application:
1. Bessettes, 168 Harmony Road, Map 123; Lot 9 Mary Armstrong is present along with Mr. and Mrs. Bessette.

Ms. Armstrong provides and overview of the proposed project for the replacement of the retaining wall. No greater impact is proposed. She adds that the retaining wall is a grandfathered structure, certified in 1961. After review, Mr. Roy states that the grandfathered replacement definition referenced is not exactly the same as the scenario; there is a change in the actual configuration. Further discussion is held regarding the silt fence in the lake. Ms. Armstrong notes that they are proposing to use a turbidity curtain. Ms. Young asks if there will be any fill brought on to the site. Ms. Armstrong replies no and notes that they may need to remove materials. Mr. Roy states that he feels that the difference in what is existing and what is being proposed is inconsequential. Ms. Armstrong adds that they are removing the current stairway that projects into the lake so this project is restoring more shoreline.

The commission reviews the checklist. Further discussion is held regarding the fact that there may be an issue with the setback to the abutter as the existing structure is within the setback; however, the fact that the area is grandfathered may address that.

Mr. Roy makes a motion, second by Mr. Hampl, to send a memo regarding the Bessettes application noting that should any of the proposed removed or altered structure be within water at the time of work then turbidity fence shall be used. Motion passes; 3/0.

Mr. Roy makes a motion, second by Mr. Hampl, to sign the application tonight and provide to the town clerk/tax collector. Motion passes; 3/0.

2. Manseau, 144 Lynn Grove Rd. Map 113; Lot 26.
The commission reviews the application and determines that more information is necessary. Mr. Roy makes a motion, second by Mr. Hampl, to send the applicant a memo requesting the following information:
• Distance from the existing and proposed work area to the abutting properties
• Identify the construction sequence, which will describe the elative timing and progression of work (i.e. include descriptions of the equipment that will be used to remove concrete walls, any siltation control during that process, and related work).
• Describe the nature of the film material brought into the site, and how the film material will be temporarily stabilized prior to vegetation stabilizing the area, and how the area will be graded.

Please note that any demolition or construction debris should be disposed of in an adequate landfill and cannot be temporarily staged in a jurisdictional wetland or shoreline.
Motion passes unanimously; 3/0.

CORRESPONDENCE:
Correspondence is reviewed.

Elizabeth Rooney: Allen Farm Rd. Conservation Easement Map 220; Lot 10. Mr. Hampl makes a motion, second by Ms. Young, for chair to sign the Bear Paw invoice for up to $3,500 per RSA 36-A:4, for the cost sharing for the Rooney easement to come from the NCC land fund. Motion passes unanimously; 3/0.

Ms. Young states that after her discussion with Shelley Bobowski of the NCRC, it was decided that the NCRC would turn down the NRI as the projects at hand need to have a stamp of approval of an expert. She states that one item that came up was a study in the gulf area to see where a road could go. Further discussion is held regarding grants for other projects in town.

New area maps are provided from the Nature Conservancy through Strafford Regional Planning Commission and reviewed. Mr. Roy makes a motion, second by Mr. Hampl to appropriate up to $200 to laminate the 4 small maps and to get a price for the large maps. Motion passes; 3/0. Ms. Young states that she would like to have these for town meeting.

A memo has been received from Ms. Cady regarding a phone call she received from Laura Weeks relative to 50 Olde Canterbury Rd. map 216; lot 69 and the possibility of back filling wetlands. Mr. Roy states that he did drive by the area; however, was not able to see any back filling of the wetlands.

ADJOURNMENT:
Motion to adjourn is made by Steve Hampl and seconded by Steve Roy. Motion passes unanimously; 3/0 at 10:54 p.m.

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary

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