Town of Newmarket, New Hampshire

Conservation Commission

June 12, 2008 7:00 PM

Town Council Chambers

Vice-Chairman Bruce Fecteau called the meeting to order at 7:02pm.

1. Pledge of Allegiance

2. Roll Call

Present: James Bergeron, Vice-Chairman Bruce Fecteau, George Hilton, Jr., Ellen Snyder

 Absent: Don Archambeault Amy Buxton Jewell, Fred Pearson

3. Public Comments

Mike Provost of 16 Beech Street stated that he was here on behalf of a group made up of members from the Newmarket Business Association, Lamprey Arts and Cultural Alliance, the Newmarket Main Street Corporation and the Newmarket Community Development Corporation. This group would be promoting the Town and the businesses downtown during the Main Street reconstruction in order to celebrate and support the community and its businesses. There are liability issues with the Main Street Bandstand, so the group is looking at the waterfront area at the Water Street parking lot. They were planning several events including concerts and a touch a truck event. A portable stage would be set up in the corner of the parking lot for a band or entertainment. There were two events scheduled so far; next Saturday the Lamprey Arts and Cultural Alliance is planning a Bob Alperin concert from 11:30am until 2:30pm. There would be farmers market vendors there as well. On June 28^th from 1:00pm until 4:00pm there would be a “touch a truck” event featuring country singer Tammy Jackson; some of the downtown businesses would be selling food. The group was requesting permission to use the waterfront for these events as well as others that will be planned and to put out porta- pottys and trash cans for the events. These would be placed and removed at their expense.

Vice-Chairman Fecteau noted he was in favor of using these parks to their fullest extent.

Ellen Snyder asked who would be responsible for clean-up or damage to the sites.

Mike Provost noted that the people on site would be responsible. The group would monitor the events.

Vice-Chairman Fecteau noted that for the future events there is a form that could be filled out detailing the event.

George Hilton, Jr. noted he was also in favor of the events. He added that there were some trash barrels located there currently.

Mike Provost stated that there would be a few extra placed in the area so the group would not be chasing trash.

4. Election of Officers

Vice-Chairman Fecteau explained that there were four positions to vote in tonight; Chairman, Vice-Chairman, Treasurer and Secretary.

George Hilton, Jr. noted that he had spoken with Amy Buxton-Jewell who had apologized for her absence and had expressed her interest in continuing on the Commission.

Chairman

Ellen Snyder nominated Bruce Fecteau as Chairman.

George Hilton, Jr. seconded the nomination.

Vote: All in favor

Vice-Chairman

George Hilton, Jr. nominated Ellen Snyder for Vice-Chairman.

James Bergeron seconded the nomination.

Vote: All in favor

Treasurer

Chairman Fecteau suggested that since George Hilton, Jr. had spoken with Amy Buxton-Jewell who had expressed her interest in continuing on the Commission and had originally volunteered for the Treasurer position, that the Commission considers reappointing her for that position.

Vice-Chairman Snyder nominated Amy Buxton-Jewell for Treasurer.

Chairman Fecteau seconded the nomination.

Vote: All in favor

Secretary

Chairman Fecteau nominated James Bergeron for Secretary.

Vice-Chairman Snyder seconded the nomination.

Vote: All in favor

5. Approval of May 8, 2008 Minutes

Vice-Chairman Snyder noted that under agenda item #6 Eric Sawtelle’s name had been misspelled several times. Also under agenda item #6, the nesting site was for Bobolinks. The area at Wiggin Farm needed to be widened. She also explained that seven comments own in agenda item #6’s discussion, the word “trail” should be replaced with “area”. She also noted that the Loiselle property had been discussed.

Motion: To approve the minutes from the May 8, 2008 minutes.

Motioned: Vice-Chairman Snyder

Seconded: George Hilton, Jr.

Vote: All in favor – James Bergeron abstained.

Chairman Fecteau noted that the Commission would hear the request for expedited application for a dredge and fill permit now.

Sergio Benia from New Hampshire Soil Consultants explained that he was here on behalf of 282 Middle Street, LLC located at 71 Packers Falls Road for an expedited dredge and fill permit. He was hoping to obtain the necessary signatures required for an expedited review as well as a letter from the Commission of favorable opinion for a Special Use Permit the applicant can present to the Planning Board as the project moves forward. He explained that the lot is about 7.4 acres in size, fairly flat and located within the R1 Zone. There is approximately 28,000 square feet of wetlands area on the site. The proposal would impact about 226 feet at the southerly extent in order to extend the gravel driveway to access the upland buildable portion of the lot. The applicant has been before the Zoning Board of Adjustment as discussed with Town Planner Diane Hardy. Bill Doucet from Doucet Survey has been before the Planning Board in a pre-application venue. Town Planner Diane Hardy had indicated that the applicant would need to get all the wetlands permits before they appeared before the Planning Board for subdivision approval. This design limited the impacts to the wetlands; there would be only 226 square feet of wetlands impact as opposed to much more if the driveway had bisected the wetlands as shown in the original proposal. The function of these wetlands was for wildlife habitat and sediment and toxicant filtering. This design would not impact flood flow or wildlife habitat. He discussed the construction sequence for the wetlands crossing part of the driveway including gravel sub grades and seeding.

Vice-Chairman Snyder asked if this application would need a variance from the Zoning Board of Adjustment and whether there is sufficient road frontage.

Sergio Benia explained that this is a linear lot with significant width. They would be able to meet the setbacks from abutting properties. This application would likely need to seek relief from the Zoning Board for road frontage as there is not four hundred feet. The existing shared gravel driveway accesses the existing home. The entire lot had 200+ feet of frontage.

The Commission discussed whether this lot is on municipal water and sewer and whether culverts would be needed.

George Hilton, Jr. asked if this lot bordered the lot for proposed recreation fields that had been given back to the Town.

Vice-Chairman Snyder answered that Lot 20 was owned by the Town as was Lot 16 and the lot south of Lot 20.

Chairman Fecteau noted that the Conservation Commissions concern is with the wetlands impact. He did not feel that 226 square feet of impact compared to 28,000 square feet was a significant impact. The Planning Board would get more in depth with how the application would be laid out.

Sergio Benia asked that the Commission submit their comments about the application in writing to the Planning Board.

Vice-Chairman Snyder expressed her concern with the application. She felt that the Commission should know what variances would be required and what the potential impacts those variances would allow. She is concerned with agreeing that there is minimal impact when it was not clear what the project would do.

Sergio Benia explained that the goal of minimum impact would be to access the upland parts of the lot.

Chairman Fecteau explained that if it was one house going in there wouldn’t be as much impact as with two houses going in on one lot. The lots were developed this way because that area was needed in order to build the one house. The idea when these lots were developed was that the back portions of the lots couldn’t be accessed unless through the wetlands.

Vice-Chairman Snyder suggested that the Commission not consider this for an expedited application; she felt it needed more review time through the normal dredge and fill permitting process.

Sergio Benia explained that this would be reviewed by DES regardless as to whether it was an expedited permit or not. The only difference would be that an expedited permit timeframe was thirty-five days where the regular permitting process was seventy days. The intent is that the driveway would remain gravel.

Richard Shelton explained that the Zoning Board had done an extensive study of this lot. There is 226 feet of road frontage for the entire parcel with a fifty foot right-of-way documented in the records. The applicants had chosen to do the twelve foot driveway in lieu of using the right-of-way in order to lessen the wetlands impact. The Zoning Board had done a site walk and had reviewed the application; they had ruled that the front house would have two hundred feet road frontage and the rear lot would have twenty-six feet road frontage. He discussed the easement through the lot. The Zoning Board approval had been contingent upon a wetlands permit. He believed the site was serviced by both municipal water and municipal sewer. In the 1970s the fifty foot right of way had been created to allow the Hopey lots just to the north of the right of way. He explained that had the applicant utilized the right of way, they would not have had to seek a variance from the Zoning Board. The gravel driveway had been proposed as remaining gravel.

Vice-Chairman Snyder explained that the fact that the applicant can get a driveway through the fifty foot right of way without the variance had not been clear in this application process. This proposal would present the least amount of impact to the wetlands.

George Hilton, Jr. felt this was the least amount of impact; being only 226 square feet. He also felt that this application would have further hurdles to overcome as it moved forward through the planning process.

Motion: To sign the expedited dredge and fill application permit for 282 Middle Street, LLC.

Motioned: George Hilton, Jr.

Seconded: James Bergeron

Vote: All in favor

Vice-Chairman Snyder wanted it to be noted that she supported the request because there is already a right-of-way on record allowing access to the back lot. This proposal would create the least amount of wetlands impact.

6. Discussion with Julie Glover, Project Coordinator for Main St. Project

Project Coordinator Julie Glover explained that it had been about six months since she has been before the Commission to discuss the Fish & Game plans for the boat launch. Since then, Fish & Game has done a survey and some test borings. She discussed the plan submitted to the Commission explaining that the line dictating the area of control would need to be adjusted to represent the actual boundary line. Fish & Game is still looking at the feasibility of having two boat ramps with a dock in the middle. She had met with Rick Malasky, Kevin Glagnen, and the Fish & Game engineer on drainage issues and parking configurations. The Town has plans to expand the Water Street parking lot; she suggested this might be done through a collaborative effort with Fish & Game. The Town Council is presently reviewing the lease. Fish & Game would have five years to complete this project. She hoped at the next meeting with Fish & Game they would accelerate the parking lot improvements. There is still a drainage issue. Even with the improvements made through the Main Street construction project water still sheeted through the front of Schanda Park. Fiah & Game’s engineer is proposing a pavement swale along the edge of the park and parking lot to move the water from Water Street to Moonlight Brook. They had been proposing a rain garden in the front corner of Schanda Park. There had been material submitted in support of this idea. She suggested that perhaps the Conservation Commission would want to work on that project as well as a bio retention system within the park. Fish & Game is now moving away from the rain garden idea and were looking at other ways to handle the drainage. She explained that there are three projects on Water Street; the Main Street construction project, the boat ramp and the Riverwalk gateway improvement project.

George Hilton, Jr. asked if Fish & Game knew they were not able to work within Schanda Park without specific permission from the Conservation Commission. Schanda Park was small enough without taking a corner for the rain garden.

Project Coordinator Julie Glover explained that the dashed Fish & Game line did not include Schanda Park at all.

Vice-Chairman Snyder hoped that if it was necessary to create drainage retention from Water Street that it would be in addition to Schanda Park and not part of the park. The park is not there for drainage; she suggested losing a parking spot instead.

Project Coordinator Julie Glover stated that the water would be moved away from the front corner of the park, but not in the park.

Chairman Fecteau asked if the pipe out from the ramp has been moved.

Project Coordinator Julie Glover answered that it has not been moved yet; it will be moved or cut back in order to do the improvements. This would be a collaborative effort with Public Works.

Vice-Chairman Snyder asked if the Heritage Festival would be affected by any of these projects.

Project Coordinator Julie Glover stated that it was her understanding that the Spring Street lot would be utilized for the festival. Main Street would remain one way.

Chairman Fecteau asked whether it would be feasible to do the boat ride as usual.

Project Coordinator Julie Glover explained that the work on Water Street would be finishing up shortly. She didn’t see why the boat rides couldn’t continue as scheduled. She would be surprised if the Town chose to dig up the Water Street parking lot at the same time as the Heritage Festival. She discussed traffic flow and stated that when the work was complete, the east side of Main Street would have a sidewalk which was not there before.

7. Treasury Report

Chairman Fecteau noted that the Commission had received a report, but he didn’t feel it was right.

Vice-Chairman Snyder agreed stating that she was more confused with this report than the last one. She also noted that it did not seem as though the two accounts had been separated.

Chairman Fecteau suggested that the Commission get a refresher course once Amy Buxton-Jewell gets back.

8. Committee Reports

Vice-Chairman Snyder noted that she had handed out a map of the Lamprey River at the last meeting. She suggested working with the highlighted areas to see if any of them need updating. Wiggin Farm, Schanda Park and the Piscassic Boat Launch were all areas highlighted in Newmarket.

Chairman Fecteau noted that he had missed the last meeting with Julie LaBranche about updating the Water Resource Chapter of the Master Plan.

Vice-Chairman Snyder noted there is one meeting left. The project needs to be done by the end of this month.

Vice-Chairman Snyder reminded the Commission of the Tuttle Swamp Management meeting scheduled for Wednesday, June 18, 2008 from 9:00am until 10:30am at the Nature Conservancy office on Bay Road. This meeting would be between the Town, Fish & Game and the Nature Conservancy.

Vice-Chairman Snyder noted that she would measure the kiosks at Wiggin Farm and Loiselle property to determine what can be put on the signs. She would try to accomplish this for the next meeting.

Vice-Chairman Snyder stated that she had spoken with Linda Bergeron, mother of Peter Bergeron, the Eagle Scout the Commission is working with. She would check with the Scout Master about a date for clean up and had felt the cook out was a good idea. She noted that Peter Bergeron needed to submit three Eagle Scout project proposals to the scout board. The Board would determine which project would be done. Because there has been a number of scouts that have done trails on Wiggin Farm, the Board may not be as excited about the trail project at Loiselle.

George Hilton, Jr. noted that the trail at Wiggin Farm had been mowed about a week ago; it would be mowed every three weeks depending on how dry the area is.

9. Chairman’s Report

Chairman Fecteau noted that there had been a seminar on how to monitor programs for conservation easements within the community on May 12^th. There had been great suggestions and discussions. Most communities had the same issue; there needed to be more communication between the Conservation Commissions and the Planning Boards.

Vice-Chairman Snyder asked if there has been any new member of the Planning Board serving as a representative to the Commission.

Chairman Fecteau noted that the Commission was having a hard time filling the empty positions.

Vice-Chairman Snyder noted that the Commission could schedule the easement monitoring for Wiggin Farm, Loiselle, and Silverman/Schneer properties at the next meeting. The Nordstrom property could be done in early fall.

George Hilton, Jr. noted that Loiselle and Silverman/Schneer could be done in the same time. Wiggin Farm could be done another day.

Chairman Fecteau referenced a letter from the Advisory Heritage Commission in regards to contacting property owners within the proposed historic district. The Advisory Heritage Commission is considering adding one more.

Chairman Fecteau referenced Streamwalk 2008 noting that anyone interested could fill out an application.

Chairman Fecteau explained that due to the timing of the Commission meeting and the awards night at the school, he had asked Wil Hamel to fill in for him in handing out the scholarship. He had met with George Hilton, Jr. to review and decide on the two applications received. They had chosen to award the scholarship to Jasmine McKenney who had presented an outstanding application.

Chairman Fecteau noted that DES had notified the Commission about the Nature Conservancy putting in trails on their property off Bay Road; this was just a notification although square footage impacts had been included.

10. Old/New Business

James Bergeron noted that the Council has been discussing a tree committee. He asked if the Conservation Commission wanted to be involved. This committee would be involved with any issues that concern trees including what to plant. There is no ordinance that protects trees now.

Chairman Fecteau felt that was a slippery slope. It was important not to impose too many regulations.

Vice-Chairman Snyder suggested that after the Main Street construction was complete, the Commission could do a site walk around town including Elm Street and Packers Falls Road to look at diseased trees. The committee could educate residents on why it is valuable to leave large trees. She suggested that he talk to the Tree Stewards of New Hampshire for some further information.

James Bergeron stated that the intent of the committee wasn’t so much to regulate the plantings but more to highlight and educate residents and developers to make better choices.

George Hilton, Jr. referenced Epping, New Hampshire stating that there had been several large trees removed from the downtown area including three or four huge maples in front of the church on Pleasant Street.

James Bergeron suggested that if trees were less expensive, residents and developers might be more apt to include them in their landscape design.

Chairman Fecteau noted that Fred Pearson had asked that the Commission discuss the possibility of purchasing more compost bins as he had been asked by several people for them. The Commission had discussed this earlier in the year but had not known whether there was demand for them. The bins had gone over well in the past, but had taken a while to sell.

Vice-Chairman Snyder understood that the bins needed to be purchased in groups of twenty; she asked how many people had signed up for them.

Chairman Fecteau noted that the Commission had purchased the bins from the Strafford County Conservation in the past. There is a new kind of bin that fits on a frame and turns; he felt this would be more efficient. He suggested purchasing the bins from who the Strafford County Conservation purchases them from to have available for residents. Signs ups would take place at the Heritage Festival.

Vice-Chairman Snyder suggested partnering with some one to purchase them. She suggested checking with Bambi Miller. 

Chairman Fecteau stated that he had been to Schanda Park and had noticed it needed some clean up. He suggested getting a committee together to clean up the park and do some plantings once the construction was done. He added that the park needed a new flag.

Motion: To approach the American Legion for the potential for a donation of a flag; if that does not work out, authorize the purchase of up to $150 for a flag for Schanda Park.

Motioned:  Vice-Chairman Snyder

Seconded: James Bergeron

Vote: All in favor

James Bergeron noted that the Boy Scouts or the Legion would likely dispose of the old flag.

11. Non-Public RSA 91-A:3 II (a)

Motion: To enter into Non-Public RSA 91-A:3 II(a) at 8:56pm.

Motioned: Vice-Chairman Snyder

Seconded: George Hilton, Jr.

Vote: All in favor

Motion: To leave Non-Public RSA 91-A:3 II(a) at 9:03pm.

Motioned: Vice-Chairman Snyder

Seconded: James Bergeron

Vote: All in favor

12. Adjournment

Motion: To adjourn at 9:04pm.

Motioned: Vice-Chairman Snyder

Seconded: George Hilton, Jr.

Vote: All in favor

Respectfully Submitted,

Erica Spechuilli