Conservation Commission

Minutes

February 5, 2008

Official as of May 6, 2008

Chairman Steve Roy calls the meeting to order at 7:05 p.m.

PRESENT: Chairman Steve Roy, Loren O’Neil, Alternate Wini Young, Board Administrator Linda Smith, and Board Secretary Lisa Fellows-Weaver. 

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

ABSENT: Vice Chairman Jim Ryan, Steve Hampl, Michael Matson, and Alternate Pauline Lemelin.

Minutes:
January 8, 2008: Wini Young makes a motion, second by Steve Roy, to approve the minutes of 1/8/08, as written. Motion passes unanimously; 3/0.

Mr. Roy states that a new bill has passed into law. After review, he explains that the law defines what is adjacent to the 100 ft. buffer of a wetland. Also included are temporary seasonal docks, which are now exempt. A discussion is held regarding the scale of the town’s maps, which were accepted at town meeting. Ms. Smith states that David Allain has stated that there is no way to delineate the buffer line of a wetland, it is not achievable. Mr. Roy adds that he states that there is no way to take the field delineation and tie it to the map as it is very difficult. Mr. Roy states that the commission is obligated to ask what the boundary is of an associated wetland as part of the NWI. This is what the NCC should measure 100’ from. 
 
Board Administrator Comments:
Ms. Smith explains that there are two applications that have been filed with the Zoning Board of Adjustment relative to relief within the 100’ prime wetland setback. The issues will be addressed at the February 25 ZBA meeting. Mr. Roy states that he will plan to attend. 

The applications are reviewed and Ms. Smith provides an overview of the projects and area. She states that in one application the septic and well are proposed to be in the 100’ wetland buffer. The town’s ordinance states that there is to be no structures within the buffer and that all vegetation needs to be left in its natural sate. Ms. Smith also adds that relief is being requested from road frontage requirements and that the applicant wishes to build an 1800’ road that will access the back lots. Ms. Smith states that the proposal is to use easement language in place of the road frontage.

Mr. Roy states that the drainage will be affected by the road and this is a potential impact to the wetland. Mr. Roy states that a permit will be required by the state as well as a public hearing. He states that he feels that the ZBA should not grant anything until the state has granted the necessary permits.  

Further discussion is held regarding the ZBA process of granting variances and special exceptions. Mr. Roy makes a motion, second by Ms. O’Neil, for Mr. Roy and Ms. Young to represent the NCC at the ZBA meeting and express the commission’s concerns of wetland impacts. Motion passes unanimously; 3/0.

Ms. Smith provides some additional history of Corson Dr. She explains that the first portion of the road is on the town’s 1981 private roads map. She adds that the back section is not on the map. Lengthy discussion ensues regarding driveways off private roads and the definition of a private driveway.

Mr. Roy states that he has driven and walked the area. He explains that there are many wet areas. Mr. Roy suggests that there be a deed restriction that no impervious structures should be allowed. Ms. Smith states that a private driveway is defined as a structure. Mr. Roy states that the driveway would need to meet the regular 20’ setback.

The NCC suggests that a plan be provided with all buffers delineated. Also mentioned is the fact that there needs to be a waiver of liability for emergency vehicles and the fact that there should be something for these emergency vehicles so that they can access these lots.

Ms. Smith states that there is a proposed zoning change that will clear up issues regarding requests for relief for special exceptions for road frontage requirements.

The commission reviews RSA 482-A:15; fill and dredge in wetlands and discussion ensues regarding wetlands delineations with another application. Mr. Roy reminds the board that there is a time frame for applications due to the new Comprehensive Shoreland Protection Act regulations effective April 1.
RSA 236:14 is also reviewed and Mr. Roy will provide the entire RSA wording as this may apply to the upcoming ZBA applications.

Lucas Pond Beach
A discussion is held regarding the petition article and the management of the site.

Mr. Roy expresses concern with the fact that the selectmen need to decide if the area is a public beach and then commit the town to maintain it. He states that years ago the town walked away from actively managing the site. Ms. Smith states that when that decision was made, there were other active beaches in town. Mr. Roy states that the town is not able to control the site due to non Northwood use of the area. Mr. Roy states that money can be spent to repair the area; however, the site will need to be managed to prevent the area from becoming a liability factor again. Further discussion is held and Ms. O’Neil states that she does not feel that there will be a problem and she intends to speak with the recreation director. She also plans to attend the budget committee meeting relative to the petition article. 

RSA 674:41
The Town of Northwood Private Road Policy relative to RSA 674:41 is also reviewed. Ms. Smith states that this is the process for a building permit. The commission feels that if there is not a clear process there will be more impacts on private roads. Ms. Smith notes some inconsistencies with the policy and she will speak to the town administrator, specifically noting that the policy states that the process is to be forwarded from the building inspector to the BOS, and then to the NCC, which is not occurring. 

Correspondence 
All correspondence is reviewed. No action is required.

Other
Wini Young states that she was approached by Jeff Lalish regarding a possible conservation easement of his back 25 acres. She states that she has contacted Dan Kern of Bear Paw Regional Greenways.

Ms. Young states that she was contacted by Mr. and Mrs. Knox regarding the Ambrose property noting that the land is up for sale and is being heavily logged. She states that the parcel is 78 acres and she has contacted Dan Kern for possible town conservation land. 
 
Ms. Young states that she plans to change her position at Bear Paw from a director to a land protection liaison.

ADJOURNMENT:
Motion to adjourn is made by Loren O’Neil and Steve Roy seconds. Motion passes unanimously; 3/0 at 9:00 p.m.  

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary