Conservation Commission

Minutes

August 7, 2007

Official as of September 11, 2007

Chairman Roy calls the meeting to order at 6:59 p.m.

PRESENT: Chairman Steve Roy, Vice-Chairman Jim Ryan, Steve Hampl,
Alternate Pauline Lemelin, and Board Secretary Lisa Fellows-Weaver. Alternate Wini Young arrives at 7:01. Board Administrator Linda Smith arrives at 8:35 and Michael Matson arrives at 8:40 p.m.

VOTING DESIGNATION: Steve Roy, Jim Ryan, Steve Hampl, Wini Young, and Pauline Lemelin. Michael Matson arrives at 8:40 p.m.

ABSENT: Loren O’Neil,

MINUTES:
July 10, 2007: Steve Roy makes a motion, second by Jim Ryan, to approve the minutes of 7/10/07, as written. Motion passes; 5/0.

Mr. Roy welcomes the Boy Scouts, from various troops within the Yankee Clipper Council of Massachusetts that are currently staying at the camp in Northwood. Brian Sweeney states the camp opened in 1936. Mr. Sweeney explains the camp programs and the merit badges that the campers are working on are “Citizenship in the Community”, and “Communications”. Mr. Sweeney states that the camp is 292 acres and explains the microburst that passed through and destroyed land and heavily damaged trees. He adds that this season is going great. ON behalf of the camp he offers assistance to the commission.

Mr. Ryan notes that the Boy Scouts may be interested in refurbishing the Lucas Pond Beach. Mr. Roy explains the jobs of the conservation commission to review impacts to wetlands, lakes, streams, and forests, and to abide by the rules and guidelines according to the State of NH.

APPOINTMENTS:
Johanna Chase, Jenness Pond, Map 205; Lot 35 – easement. Ms. Chase explains
the area and the property. She states that she is trying to get a sense of how to
preserve the area and put some land in an easement. She notes that there are
covenants on the properties.

A discussion is held regarding the purposes of easements. Mr. Roy explains that the commission would need a formative plan and each individual will need an easement on a certain portion of the land, a surveyed portion. Mr. Roy also explains the purpose of the Conservation Fund is to assist with deeds, attorneys, surveys, and other items necessary for easements to occur. The commission provides Ms. Chase with a book relative to easements and conserving land. 

APPLICATIONS:
1. Minimum Impact Expedited: Micucci, 106 Shore Dr. Map 217; Lot 18.
Donald and Michael Micucci are present.

Mr. Roy states that he has viewed areas within Harvey Lake recently. He states
that he was made aware that there has been some activity in the area. Mr. Micucci states that no work has been started on the property. Mr. Micucci states that there is a cottage on the property.

The application and project are reviewed. Mr. Roy states that there was a similar proposal last year and the file is reviewed. Mr. Roy states that he feels that this  project is similar to last year’s as it still violates Part A Minimum Impact Project Criteria, #12; dredge and fill in a great pond. He notes that Harvey Lake is a great pond. Mr. Roy states that this is not the correct form. Mr. D. Micucci states that he spoke to someone in the biology department at the state and he was told to file the minimum impact application. 

Mr. Mucucci continues and explains that the purpose is to move rocks within the water so that they are able to launch their jetski. He explains that David Docko will use an excavator and get under the rocks and move them to one side. The entire project will take 1½-2 hours. Mr. Roy also adds that the legislature amended the Comprehensive Shoreline Protection Act. There is more activity that is limited and this may impact the project.

The checklist is reviewed and the application is deemed incomplete. The following is a list of items outstanding:
• Delineate map and lot numbers of all abutters
• Label each picture noting a date of when the picture was taken
• Photographs showing existing conditions should have their locations delineated.
• Topo map to be added to subsequent packets
• Tax map to be added to subsequent packets
• Topographic or the grade change at the site should be noted
• Delineate distance from the construction to the property boundaries
• Length of frontage to be provided with official full elevation noted
• Construction sequence and materials used to be provided
• Proposed erosion control
• Note who prepared the plans
• Applicant to provide 5 complete packets

Jim Ryan makes a motion, second by Pauline Lemelin, to allow the applicant to keep the application and make additions as noted throughout  the discussion. Steve Roy makes an amendment to the motion, second by Pauline Lemelin, to allow the chair to review and sign the application if deemed complete. Motion passes unanimously; 5/0.

A discussion is held regarding sending a memo to NHDES attached to the application relative to the fact that the commission has concern regarding Part A: Minimum Impact Project Criteria, #12; dredge and fill in a great pond. Jim Ryan makes a motion, second by Pauline Lemelin, to send a memo to NHDES with the application, requesting clarification regarding Part A: Minimum Impact Project Criteria, #12; dredge and fill in a great pond. Motion passes unanimously; 5/0.
 
Mr. Micucci requests that the members view his property.

2. Permit By Notification: Gaviat Green & Bennett’s Bridge Rd. Map 210; Lot 55. After review, the NCC feels that the application to install a culvert for access is complete. Jim Ryan makes a motion, second by Steve Roy, to recommend the PBN application for Gaviat Green, as submitted. Motion passes unanimously; 5/0.

Linda Smith arrives at 8:35.
Mike Matson arrives at 8:40.

OTHER BUSINESS:
Milfoil Warrant Article: Mr. Roy refers to the town report for the Milfoil Treatment Expendable Trust Fund Warrant Article. He states that there are lakes in Northwood that do not have Milfoil problems; however, they have other issues. He suggests that the NCC should work to expand the warrant article to become a lake quality management program. This will open the fund up to other items that impact the quality of surface waters of lakes in town. Mr. Roy states that he has spoken to some members of the area lake associations who were receptive to the intent to broaden the language to include other water bodies for public use.

Ms. Smith explains that to change the purpose of a warrant article, a vote at town meeting would be required. She adds that she will provide the purpose language for Mr. Roy and he will provide revisions for the next meeting.

Lucas Pond: Mr. Matson explains pictures of the Lucas Pond area that were taken today. He states that the area now looks like a stairway made of railroad ties rather than a gradual sloped boat launch. Mr. Matson states that the area is a joint project with the town and the State of NH Fish and Game Department. He explains that he plans to do more research regarding the raising of the water for smelts and the state and town responsibilities. Mr. Matson notes that there is erosion occurring as shown in the pictures. He adds that there were 6 people using the beach today as he was taking the pictures. He again expresses concern with the fact that there is no portable toilet in the area. The code enforcement officer has copied a memo he wrote to the selectmen in July noting unsanitary conditions and the need for a portable toilet.

Ms. Smith explains that the area was called Woodman Park. She states that the beach was never considered to be a public beach, although residents in the area did swim there. The focus was for fishing and boat access. She states that there was a joint agreement between the state and town that was to promote angling and fishing at this location. She continues to explain that swimming was just a minor part and the reason the swimming was done away with was not having a lifeguard present. She adds that most of the people that used the beach were not from Northwood. When the beach pass policy was introduced, there was a lifeguard on duty and there was not enough people coming and not much activity for swimming so the attendant on duty was stopped. The porta-potty was on site for seasonal use only.

Further discussion continues regarding vandalism that was occurring and liability issues. Mr. Matson also explains that the area is a state stocked tiger trout pond. He adds that there is a parking area owned by the town and NH Fish and Game has an easement on it.

Mr. Roy states that there is an erosion problem and a public health issue. He notes that there is a liability and safety issue as the back sides of the railroad ties there are undermining. Ms. Smith states that she will mention this at the next safety committee meeting. Ms. Smith suggests a joint meeting with the recreation commission. Mr. Roy suggests a meeting with recreation, conservation and selectmen. A motion is made by Steve Roy, and seconded by Jim Ryan, for Steve Roy and Mike Matson, to represent the NCC at the next recreation meeting and/or for Mike Mattson and Wini Young to represent the NCC at the selectmen’s 8/14 meeting relative to Lucas Pond and having a chemical toilet placed at the Lucas Pond beach area. Motion passes unanimously; 6/0.

Bennett’s Bridge Beach: A discussion is held regarding the status of Bennett’s Bridge Beach. Mr. Roy asks who will be paying Underwood, the town’s engineer, for a plan of Bennett’s Bridge. Ms. Smith states that it may not be addressed until next year due to funding for the repairs and designs.

Stormwater Management Plan.
Mr. Roy states that he will be meeting with the planning board, August 9, regarding the draft stormwater management plan and recommendations will be provided to modify the ordinances, site plan and subdivision regulations to incorporate requirements that address stormwater management practices.

Land Management Collaborative: Ms. Young explains that there is a walk through the Meadows State Park, scheduled for August 9. The walk is hosted by the Northwood Area Land Management Collaborative with the purpose to explain how to enhance land for wildlife purposes.

Road Frontage Requirements: Ms. Smith provides an explanation of the interpretation of the town’s ordinances relative to road frontage requirements and Class VI roads. She explains the legal interpretation is that people cannot build on a Class VI road until the road is built up to subdivision standards; 22 ft. wide paved road and a bond put in place to cover the cost. Ms. Smith continues to state that the planning board agrees with counsel’s comments and feels that that was the intent of the ordinance. She adds that no permits can be obtained; however, a variance may be pursued through the zoning board. Ms. Smith states that the BOS has the full right to a Class VI road. The road must be improved and agreed on by the selectmen.

Further discussion is held regarding the role of the NCC and receiving complaints. Steve Roy makes motion, second by Mike Matson, to send a memo to the BOS, noting that improvements have occurred on a town Class VI road along a section of Old Mountain Rd. off of Winding Hill Rd. The NCC understands that approval is the jurisdiction of the selectmen and at this time, the NCC is not aware of any approvals being granted to upgrade this section of road. Motion passes unanimously; 6/0.

Correspondence
Intent to Cuts: The board determines that the NCC is not receiving copies of Intent to Cut forms. Memo is to be sent to the town administrator requesting copies of all signed Intent to Cut forms.

All other correspondence is reviewed.

Future Agenda Items:
Conservation Fund Update

ADJOURNMENT:
Motion to adjourn is made by Jim Ryan and seconded by Steve Roy. Motion passes unanimously; 6/0 at 10:17 p.m.  

Respectfully submitted,

Lisa Fellows-Weaver,
Board Secretary