The Town of Northwood, New Hampshire - Conservation Commission Minutes 09/02/08

Minutes
August 5, 2008:
Page 3: Delete: …the…
Jim Ryan makes a motion, second by Mike Matson, to approve the minutes of August 5, as amended. The motion passes; 3/0/1. Steve Roy abstains as he was not at the meeting.

Public Input
Steve Moore, a senior from Coe Brown Northwood Academy (CBNA), is present to talk with the commission regarding his senior project. A discussion is held regarding options for a senior project. Items mentioned are the replacement of benches at Lucas Pond beach area, effects of the July tornado noting impact to the water as well as the route of the tornado, NALMC trail signs, or the milfoil kiosks at the local boat launches. Mr. Moore thanks the commission for their time and ideas.

Appointments
Bean Hill Forest Services, Forester John Conde and Technician Robert
Graves, III
Mr. Graves provides a letter from John Conde, which Mr. Roy read into the record noting authorization for Mr. Graves who will be the project leader for the town, if hired.

Examples of projects of forester reports completed by Bean Hill are provided from Governors Island, Lake Winnipesauke, Town of Dunbarton, and others for review.

A discussion is held regarding the bid previously provided relative to the hours necessary to complete a revised forestry plan. Mr. Graves states that he is confident that the hours quoted are sufficient to complete the report with revisions.

Mr. Roy asks for an explanation of what the mapping would consist of. Mr. Graves states appropriate mapping consists of soil and timber types with accessibilities to the boundaries, and a timber type map that would indentify what needs to be done. Mr. Graves adds that there would be a HISS map to scale provided as well. Examples are further reviewed.

Mr. Ryan asks about the cutting relative to the health of the forest. He asks if there is any attention paid or a way to do the cutting that will foster the development of wildlife. Mr. Graves replies yes, this is called habitat identification and is a part of forestry.

Mr. Roy asks how the final report will be provided and if it could be electronic. Mr. Graves explains that he will provide an electronic copy in PDF format as well as a paper copy. Additional discussion is held regarding including the maps in PDF as Mr. Roy explains that it would be beneficial to have the report and maps on the website for the public.

Mr. Matson states that he has reviewed the information and notes that there is a difference of $1500. between the two bids. He adds that the current forester does have a number of years of service with the town and that is something that the commission needs to consider.

In closing, Mr. Graves states that he would recommend that the commission proceed with whom they are comfortable with and who they can communicate with. He states that he would like to represent the town for the long term. Mr. Graves adds that he feels that the information provided is comparable to what the commission currently has.

Jim Ryan makes a motion to accept the bid received from Bean Hill. Steve Roy seconds. Discussion is held if the commission should enter into a non public session to discuss the bids further. Mr. Ryan and Mr. Roy rescind the motion and second.

Mr. Roy states that the commission has done what the selectmen have asked. He explains that requests to bid were sent out to 12 area foresters with only two responses. Mr. Roy adds that the commission reviewed the two proposals received and now it should be given back to the selectmen with the commission’s recommendation.

Mr. Roy adds that the current forester did provide an amendment letter with the cost remaining at the original quote of $4,000. However, he noted that should the estimate be over budget, he would be interested in providing the same plan content in a more streamlined form on 30-60 hour week. Mr. Roy notes that Mr. Moreno’s plan may be a bit more polished.

Additional discussion is held relative to the two bids and companies and Mr. Matson asks if the commission is happy with the product that we have, why veer away from it; however, it is the same product for less. Mr. Roy asks if the commission should request an updated bid from Mr. Moreno and then the commission could further address the bids in October.
Mr. Roy requests that copies be made of both quotes received including the amendment letter from Mr. Moreno, forwarded to the selectmen along with a memo stating that the commission has completed the bids as requested, and note the recommendation. He adds that the memo also should request that the selectmen provide any input relative to the forester bids to the NCC by the October 7 NCC meeting as the commission intends to inform the foresters of the selectmen’s decision.

Mr. Roy makes a motion, second by Mr. Ryan, to support the proposal received from Bean Hill Forest Services, LLC, and forward to the selectmen. Motion passes unanimously; 4/0.

Financial Reports
A discussion is held regarding the accounts of the commission. Per the new agenda format there is a section for financial reports. Discussion ensues as to specific requests of the commission and how the reports will be provided. The commission requests that a report be provided yearly in April specific to the land fund status and the transferring of the town’s current use penalty fees.

Mr. Ryan requests that the commission be provided with a report from the NH Association of Conservation Commission for the October meeting depicting the percentages of current use funds that other commissions receive throughout the state.

Other Business
Lucas Pond Update
Mike Matson states that there have been no updates from Underwood Engineering. He states that he will contact Linda Smith regarding if any correspondence has come in. He adds that he will make note to Ms. Smith that he is not being kept in the loop. Mr. Matson will also request that Ms. Smith request a progress report from Underwood for the October meeting.

Discussion continues relative to other funds in the CC’s budget and if any other funds can be used for additional materials for any other work that may be required, culverts and installation related to the culverts. Mr. Roy notes that there is $3,000 left in the line and he adds that it may be and notes that this would also be another reason to have a progress report.

Further discussion is held regarding the Woodman Park Study Committee progress. Mr. Matson will contact the town administrator relative to meetings for the committee. He asks about the results of appointments to the committee. Ms. Weaver replies that Chip Belyeah and Jim Hadley have been appointed by the selectmen to the committee as the two residents of the area.

Appraisals & Land Projects ~ Low Update
Mr. Roy states that the Low’s attorney has sent the information to town counsel. To date nothing has been received from town counsel. Mr. Roy states that he will try to close out this project and schedule a public hearing soon.

NCC Procedures
The conservation commission procedures that were adopted at the August meting are signed by members present.

Graves Project
A brief discussion is held regarding the status of the Graves project. Mr. Ryan states that he believes that the project as proposed is now in a different format.

2009 Proposed Budget
The budget worksheet is provided and reviewed. General line item discussion is held. Mr. Roy states that he would like to purchase a GPS unit next year. Additional discussion is held regarding adding a travel line to the budget as well. The commission will further discuss and finalize the budget at the October meeting.

New Agenda Line Up
The new agenda per the procedures is discussed and amended as follows:
 Add a section for Public Input after the minutes, #4;
 Add a section for Appointments, #5
 Change Old Business to Other Business;
 Add a section Correspondence; and
 Add a section for Pending Files.

Historical Marker
Ms. Young states that the information was returned to Linda Smith to finalize.

Land Projects
Ms. Young explains that she has been contacted by Bob Bailey regarding the Guptill property. Mr. Bailey has noted that the Guptills may be looking to sell. Ms. Young describes the land and the area and explains that the parcel abuts the Northwood State Park, Coe Brown land, condos, and recreation ball fields.

Ms. Young states that she has contacted Dan Kern of Bear Paws Regional Greenways relative to the possible interest in the parcel. Steve Roy adds that a significant portion of the lot is within the conservation focus area, noted by a report of the NH Estuaries projects. Further discussion is held regarding the benefits of the area as a habitat for wildlife. Discussion ensues regarding the costs of the Lalish parcel and the Low parcel.

Overall, the general consensus of the commission is to meet with Mr. Bailey and discuss the area as well as to involve Bear Paw’s. Ms. Young will contact Mr. Bailey regarding the commission’s interest and also mention that the NCC has previously had two appraisals done with properties off of Rte. 4.

Mr. Roy makes a motion, second by Mr. Ryan, for Ms. Young to contact Mr. Bailey regarding the interest of the CC for the Guptill property and schedule on the October agenda and/or schedule a field visit. Motion passes unanimously; 4/0. Ms. Young states that she will inform Dan Kern as well.

Comprehensive Shoreland Protection Act (CSPA)
A memo has been received from Linda Smith regarding the CSPA in relation to the July minutes. Mr. Matson states that the minutes appeared that the state’s regulation was 50’ and the town was giving a 20’ setback making it a more lenient setback.

Mr. Ryan states that he requested legal counsel and noted that there were some towns in NH that were not held to the 50’ setbacks. Mr. Roy explains that the 20’ setback has now been dissolved. He states that the provisions in state law were for towns that had established their own setbacks prior to August 2001 could keep the lesser setback. Any town that had not established the setbacks would be subject to the 50’ setback. Northwood had an established setback on record as did a few other towns. He adds that when the CSPA was adopted many towns gave up their lesser setbacks; however, Northwood did not and kept the 20’ setback. Mr. Roy continues and explains that the legislation that just passed this year has repealed the right of these towns that did not adopt the 50’ setback and they do not have a right to have a lesser setback. As of April 2, all setbacks are 50’.

Mr. Roy states that he understands that the process in Northwood is if the town receives a building permit application with a building or accessory structure in the protected shoreline, which is 250’ back from the water, before a building permit can be issued, the entity must obtain a CSPA permit. He adds that this helps to make sure that town keeps in line with the state laws and helps so that the town does not issue any variances to something that cannot be issued a variance.

Mr. Roy notes that the state has granted three waivers in the past few months.

A discussion is held regarding if the commission would still like an interpretation of legal counsel or contacting the Local Government Center. The July minutes are reviewed and discussed. Mr. Matson asks if Mr. Ryan would still like comments from town counsel. Mr. Ryan replies that it deserves to be asked; however, a lot of money can be wasted in doing so. Mr. Matson motions to accept the July minutes based on the fact that at this time the commission is not requesting comments from legal counsel, as it has appeared to be confusing that the town had a 20’ setback limit. Ms. Young refers to the minutes, which are read aloud by Mr. Matson who then retracts his motion. Steve Roy makes a motion, second by Mike Matson, to approve the July 1, 2008 minutes with the following change based on the clarification of Ms. Smith:
Page 6: Amend the paragraph relative to the Comprehensive Shoreland Protection Act to state: The CSPA clearly makes all towns in NH subject to a 50’ waterbody building setback for primary structures, and delete the rest of the paragraph.
Motion passes unanimously; 4/0.

Steve Roy makes a motion, second by Jim Ryan, to attach the memo from Ms. Smith to the minutes. Motion passes unanimously; 4/0.

Ordinances
Ms. Weaver states that the planning board will be beginning to discuss ordinances in the next month. A discussion is held regarding slopes being filled in and embankments. Mr. Ryan suggests that an ordinance be created relative to steep slope embankments and/or prohibiting slopes. Mr. Roy adds that the planning board will be reviewing the proposed surface water buffer ordinance in October.

Further discussion of the ordinances will take place in October.

Correspondence
All correspondence is reviewed. Jim Ryan makes a motion, second by Mike Matson, for Steve Roy to review the NCC correspondence and make any judgments as necessary. Motion passes unanimously; 4/0. No action is required.

Adjournment
Mike Matson makes a motion, second by Steve Roy, to adjourn at 9:52 p.m. Motion passes unanimously; 4/0.

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary

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