Conservation Commission

Minutes

May 6, 2008

Official as of June 3, 2008

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

PRESENT: Chairman Steve Roy, Vice Chairman Jim Ryan, Wini Young, and Steve Hampl, Alternate Pauline Lemelin, and Board Secretary Lisa Fellows-Weaver. Michael Matson arrives at 7:09; Loren O’Neil arrives at 7:11 p.m.

Jim Ryan makes a motion, second by Steve Hampl, to move items on the agenda to meet with Marilyn Payne regarding the pending PBN application, 107 Lakeshore Dr. Map 109; Lot 43. Motion passes unanimously; 5/0.

PENDING APPLICATIONS:
PBN: Marilyn Payne, 107 Lakshore Dr. Map 109; Lot 43.
Ms. Payne provides updated information per the request of the commission noted in a letter dated April 9.

Mike Matson arrives at 7:09 p.m. and Loren O’Neil arrives at 7:11 p.m.

The information necessary for completeness is as follows:
• A description and/or depiction of the siltation erosion and turbidity control measures on the site plan;
• Provide the name of the plan’s author and the date the plan was drawn;
• Label the normal high water line on the plan; and
• Provide a description of materials proposed.

A discussion is held regarding the information provided and the materials proposed. Ms. Payne has provided a letter for Sean Kuczewski from Pleasant Hill Landscaping, LLC explaining the materials proposed and the process. She states that the blocks are made out of concrete. Mr. Roy notes that the project can not be completed until the lake is drawn down.

Mr. Ryan states that there is a sharp corner proposed at one point. He suggests that the wall be kept as round as possible to prevent wind erosion. Further discussion is held regarding any additional wall footage. Mr. Ryan suggests that this should be added to the plan should it exceed the water line of 522 ft. All other information has been provided.

Mr. Ryan makes a motion, second by Ms. Lemelin, to approve the permit by notification as amended at this meeting.
 
Mr. Kuczewski arrives and further explains that the segmented retaining wall is a block system not mortared in. It is designed so that the moisture of the water can seep in and out without creating the back pressure behind the wall. The block proposed will be concrete. Ms. Payne notes that Mr. Kuczewski replaced the retaining wall next door to her.

Mr. Kuczewski explains that there are two levels to the existing wall; the whole front and approximately 2/3 of the side or 34” that is above the existing water line and then an area of the wall that drops down to 20” where the house drops to a porch.

Mr. Ryan notes the sharp corner. Mr. Kuczewski explains that there is an 8” pit area and it is mortared. Mr. Ryan requests that this be noted on the plan. Mr. Kuczewski explains that there should not be a rounded corner located as this is part of the structural integrity of the system. He feels that the proposed structure is fine and notes that the same design was used next door. He adds that the sharp corner is able to take the abuse. Motion passes; 6/0/1. Ms. O’Neil abstains as she arrived later in the discussion.

A discussion is held regarding the prime wetland maps. Mr. Roy states that the commission could propose to accept each prime wetland to further define, or propose to modify the ordinance language to say whenever it is suspected that there may be a is prime wetland on the lot, the applicant must do a certified wetland delineation stating there is or is not a prime wetland. Mr. Matson asks what constitutes a prime wetland. Mr. Roy explains that a wetland is delineated by the soils, flora, and hydrology. Further discussion is held regarding the process of determining wetlands and determining boundaries. Mr. Roy adds that the board can not enforce a decision based on the town’s maps as they have not been accepted at town meeting as prime wetlands.

Mr. Roy suggests that the commission propose an ordinance change requesting a certified wetland statement and stamp as to the presence of a wetland. 

MINUTES:
February 5, 2008: Steve Roy makes a motion, second by Wini Young, to approve the minutes of 2/5/08, as written. Motion passes; 3/0/4. Steve Hampl, Pauline Lemelin, Mike Matson and Jim Ryan abstain, as they were not at the meeting.

April 1, 2008: Jim Ryan makes a motion, second by Wini Young, to approve the minutes of 4/1/08, as amended as follows:
Page 2: Members Comments/Updates: Add …view the Johnsons want to preserve.
Page 4: Members and Re-appointments: Change Matsom to Matson.
Motion passes; 3/0/4. Steve Hampl, Pauline Lemelin, Mike Matson and Loren O’Neil abstain, as they were not at the meeting.

OTHER BUSINESS
Forest Management Plan
Mr. Roy states that he received a phone call from Selectman Alden Dill. Mr. Roy explains that at the last meeting the commission agreed to send the contract to the selectmen with the work scope for their signatures. He states that the selectmen are inclined to do something; however, they would like to obtain other quotes. Mr. Roy states that he does not have a problem with obtaining other quotes. He adds that this task has not been directed to the commission to begin.

Discussion is held regarding timber harvesting monies being returned to the town. Mr. Roy states that there does not seem to be any evidence in town showing revenue yields coming from prior cuts. Mr. Roy explains that the typical process of a forester is to put timber into escrow, sell it out, take a cut and the rest would come back to the town.

Discussion ensues and the commission suggests sending a letter to Charlie Moreno requesting an update of activities to the previous harvestings, noting dates and yields of the last five harvestings done in Northwood, and when the checks were provided to the town. The commission also requests that he notes how many cuts are included within the balance of the checks.

History of the forest management plan is discussed. Ms. O’Neil mentions that there are three town lots for harvesting. She notes that the Desaulier lot is hard to access. She asks about the town’s recently purchased lots and states that these lots do not have any specific designation to them for harvesting funds. She feels that any harvesting revenues from these lots should go back to the conservation land fund to replenish the fund. She suggests that an ordinance be proposed for next year noting the designation of harvesting funds from newly acquired parcels for the purpose to replenish the CC land fund. 
Mr. Ryan makes a motion, second by Ms. O’Neil, send a letter to Town Forester Charlie Moreno as discussed. Motion passes unanimously; 7/0.

Memorandum of Agreement (MOA)
Ms. Young distributes and explains an MOA received from the State of NH regarding marking a trail system connecting approximately 500 yards from the Northwood Meadow State Park to Carl Wallman’s land. The MOA is a three year agreement with the state. Some areas have been somewhat marked other areas have been flagged. This agreement states that the town would maintain the trail. Ms. Young states that the signs are being made by Coe Brown Northwood Academy (CBNA) students. She states that they would like to open the trails June 7 and have the trails raked with the signs placed at that time. No culverts or bridges are necessary. The trails along the Wallman property will all be maintained by Carl Wallman.

Members review the MOA. Mr. Roy states that the process should be to go through the selectmen as it is a contract. He adds that the BOS may wish to have town counsel review the agreement as well for liability issues. Mr. Ryan notes that there may be a need to develop a scope of work. Ms. Young notes that there would not need to be any work done. Additional discussion is held regarding the budget. Ms. Young states that there would be no costs involved to the town. The commission recommends a few amendments to the proposed MOA regarding signatures and budgetary items. 

Mr. Roy states that he supports the project. Mr. Roy makes a motion that the conservation commission supports the trails system project. Mr. Matson seconds. Motion passes unanimously; 7/0.

Steve Roy makes a motion, second by Loren O’Neil, for Wini Young to lead the trail system project. Motion passes unanimously; 7/0.  Ms. Young will attend the BOS meeting 5/13.

Lucas Pond
Mr. Matson provides an update of the Lucas Pond project. He states that he and Mr. Roy attended the selectmen’s meeting and the BOS approved spending $4,000 for a plan to be created by Underwood Engineering for replacing erosion. Mr. Roy notes that he spoke to Linda Smith who had received a call from Ben Dryer of Underwood regarding the general area.

Mr. Matson states that he contacted NHDOT regarding if there are any roads to public waters in the area as NH Fish and Game now has rights to all roads to public waters. He reports that there is no route to public waters.

Further discussion is held regarding opening day of fishing season. A survey was completed by Ben Nugent, a fishery biologist for F&G, District 5. There were 40 cars in the Lucas Pond parking lot on opening day. Mr. Matson states that he has some pictures of the area that need to be developed.

Mr. Matson explains the lease agreement with F&G should the town want to consider this option. He states that the lease is a 30 year agreement. The lease assures the state access to the property, without ownership transferring. All work and funding for engineering would then be done through F&G.

In addition, Mr. Matson explains that Underwood will be providing a two phase plan; phase one for erosion control to stop and replacement of the erosion from re-occurring and phase two will be a plan for prevention and replacement as well as for safety via concrete barriers.

Discussion ensues regarding the beach project. Ms. O’Neil asks the scope of the $4,000 for Underwood Engineering and asks about the intentions of Mr. Matson with the beach area. She asks about any overlap of projects with the beach and boat launch. Mr. Roy explains that there will not be any overlap of projects. He describes a section of the bank where water has rushed down the launch road, diverted, and taken a section of the banking into the lake. Mr. Matson notes that he moved a park bench to prevent it from falling into the water. He adds that his plans are to stop the erosion and make the area safer for the residents and town. Mr. Roy states that the town is liable if someone were to get hurt.

Mr. Matson states that the area is ultimately the town’s property. He adds that it would be great to have a beach there; however, the overall goal of the lease agreement is to have a launching site to allow fisherman access with non motorized boats. Mr. Matson states that the problem is that there is currently no funding for a lease on a pond that only allows non motorized boats as boat registration fees are the funding for boat launches. 

Ms. O’Neil discusses insurance and the lease. She states that if the lease is done and the state is liable for the boat launch, will the issue be extended if the risk factor is raised for the beach.

Mr. Roy asks about the lease and if it is a maintenance lease. Mr. Matson explains that the lease is for maintenance. It is not for construction; however, engineering would be included for the project if the lease was signed. 

Mr. Ryan states that there appears to be two new entities involved with Lucas Pond, facilities committee, and the recreation department with the commission. He adds Mr. Ryan states that the two new entities do not have any monies established, no statements of work, and no noted directions. He adds that the CC should ask for information from these committees so that the CC remains involved.  

Mr. Ryan notes that Mr. Roy and Mr. Matson were able to establish that the selectmen were aware of the $7,000 within the CC budget. He feels that it appears that the BOS was trying to use the vote at town meeting to avoid any projects with regard to the Lucas Pond area and were not going to allow any money to be spent on any projects within the area. Mr. Ryan states that the original budget had been fully explained to the BOS.

Mike Matson suggests that the board attend one of the facilities meetings and the recreation commission meetings. He adds that no money from these committees has been allocated. He feels that the beach should be addressed with the recreation department. 

Ms. O’Neil states that there needs to be a single person as a project manager and the liaison for the project. This will allow for the project to be completed with the final results that the CC would like.

Mr. Roy states that the BOS approved the CC to spend the $4,000 allocated in the budget and the CC was delegated to proceed requesting a plan from Underwood. Mr. Roy states that Ms. Smith was not weighing in on anything associated with the plan. He explains that the information was for the general information of the location and the lots in the area. 

Mr. Roy states that there are three issues that will need to be addressed. The first issue is the erosion issue, which Mr. Matson is in charge of basically involving obtaining a scope of work from Underwood Engineering. Mr. Roy states that the CC will probably have a hard time accessing the remaining $3,000 in this line. Mr. Matson adds that it will be easier as the process is pursued as the $4,000 will then not be a waste without any follow up. Mr. Roy states that the emergency items will need to be purchased and will likely be done with the $3,000. He explains that emergency items needed may include a catch basin to catch the water runoff from the parking lot, a culvert, and riprap so that the area is not further eroded. Mr. Roy notes that the construction aspect would need to be addressed with the BOS for town services to install.   

Mr. Roy states that the second issue is the lease options, which needs to be further discussed by the commission. He notes that Mr. Matson is the knowledge base for the lease portion; however, Mr. Roy recommends that someone else direct this portion and meet with the BOS; with Mr. Matson to continue as the resource base. Mr. Matson agrees.

In addition, upon receipt of the plan from Underwood, Mr. Roy suggests that the NCC plan to meet with the selectmen at the May 27 meeting and hopefully by that time, the lease agreement will be available for review, and the CC can explain any potential long term maintenance costs, the total cost for the future, and present a preferred alternative from the commission, and/or back up options.

Mr. Roy addresses the third aspect of the site is the beach. He states that he considers this to be a very important project. He states that the selectmen have stated that the beach will need to be addressed by the recreation commission and their budget. He explains that the recreation budget addresses lifeguards, beach materials, and other items for the town’s beaches. Mr. Roy suggests that the committee meet with the recreation. Ms. O’Neil states that she is meeting with the recreation department and commission, Thursday, May 8 at 7:00 to discuss the Lucas Pond Beach, funding of maintenance costs, work scopes, liability. She further explains that she has been in contact with DRED and notes that the town is a good candidate for 50% funding of the entire costs. She adds that she may be able to get the other half of the funding through cooperate funding.

Safety is discussed for the beach. Ms. O’Neil states that the boat launch work should be completed prior to the beach project. She adds that some of the information she will need will be completed with the Underwood Engineering plans. 

Wini Young notes that Jeff Lalish is directly related to George Woodman and suggests to contact him for further history of the area and to update on the proposed projects.

Historical Marker
Wini Young states that she has some information regarding last months discussion regarding placing a historic marker/plaque at the Kelsey Mill site. She offers some pictures and wording is suggested based on Joanne Bailey’s knowledge from the historical society. Further research is to be done for quotes for a bronze and aluminum plaque. Other styles are suggested and Ms. Lemelin will further research for a granite marker. The issue will be addressed at the next meeting. 

CORRESPONDENCE 
Conduct of Officials forms were received from Town Clerk Judy Pease requesting signatures from Ms. O’Neil, Mr. Roy, and Mr. Matson. All other correspondence is reviewed and no other actions are required. 

ZBA rehearings have been granted for the Hendrick cases and the MacDonald case for May 27 and May 29. Jim Ryan makes a motion, second by Loren O’Neil, for Steve Roy to attend and represent the conservation commission at the ZBA meetings scheduled for May 27 and May 29. Motion passes unanimously; 7/0.

PENDING APPLICATIONS
Minimum Impact Expedited: Micucci, 106 Shore Dr. Map 217; Lot 18. Next
agenda review and if no updated information has been received; determine the
application to be inactive.

ADJOURNMENT:
Jim Ryan makes a motion, second by Loren O’Neil, to adjourn at 9:30 p.m. Motion passes unanimously; 7/0.

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary