DRAFT MINUTES

Town of Newmarket, New Hampshire

Conservation Commission

December 11, 2008 7:00 PM

Town Council Chambers

Chairman Bruce Fecteau called the meeting to order at 7:03pm.

1. Pledge of Allegiance

2. Roll Call

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

 Absent: Amy Buxton-Jewell, Fred Pearson

3. Public Comments

None.

4. Approval of November 13, 2008 Minutes

Vice-Chairman Snyder noted Eric Sawtelle’s name had been misspelled throughout the document. On Page 7, about half way down it should be clarified that Eric Sawtelle would be contacted about the placement of the trail in relation to mowing. She noted Amy Buxton-Jewell had not attended a meeting in over a year. The rule of thumb was a member could be removed if they had missed meetings in three consecutive months.

Chairman Fecteau asked the Commission if they had discussed the Rosa gravel pit under new business at the last meeting.

George Hilton, Jr. and Vice-Chairman Snyder did not recall that discussion at the last meeting.

Motion: To approve the November 13, 2008 minutes as amended.

Motioned: Vice-Chairman Snyder

Seconded: George Hilton, Jr.

Vote: All in favor

5. Treasury Report

Jim Bergeron handed out the summary noting the general fund and maintenance fund had been left off the summary by accident. That was corrected today, but he had left the sheet in Town Administrator Wojnowski’s office this afternoon. He would get the complete summary to Commission members. He had gone over the accounts with Finance Director Don Parnell; each accounts debits and credits seem to be accurate.

6. Committee Reports

            Planning Board

Val Shelton explained the Board had discussed the Rosa pit and had reaffirmed the previous approval which would expire in December 2009. The Rosa’s would need to reapply for a three year permit in December 2009. The Conservation Commission would be involved in the renewal process. This is the only pit in Newmarket that is not grandfathered. There had been a procedural error for the original renewal permit in 2006, which was why they needed the approval reaffirmed. Zoning Administrator Dan Vincent had made a presentation with recommendations for additional regulations that would apply to pits in order to protect the aquifer. The Planning Board is looking to work with Zoning Administrator Dan Vincent and pit owners to move forward. The Board is seeking legal opinion as to whether the new regulations would apply to grandfathered pits. The new regulations would not be relative to operation of the pits, they would be relative to protection of the aquifer. The Town is exempt from its own ordinances.

Vice-Chairman Snyder felt the Commission should encourage the Town to abide with the new regulations.

Chairman Fecteau noted the Commission could write a letter to the Planning Board.

Val Shelton explained the State does not have regulations relative to excavation above the seasonal high water table. Newmarket’s Aquifer Protection Ordinance does not allow excavation below four feet above the seasonal high water table. The Planning Board would take this up at their workshop on January 13, 2009.

Chairman Fecteau suggested Commission members should attend.

Val Shelton noted the two applications for wetlands permits at Moody Point have been pulled. Moody Point Lot 13 would have a compliance hearing on December 16, 2008. Conditional approval had been granted in March.

Val Shelton noted she and Town Planner Diane Hardy would attend the Town Council meeting December 17, 2008 where the Council will discuss the Gaziano building permit request.

Val Shelton stated she would forward the paperwork Zoning Administrator Dan Vincent provided the Planning Board to Commission members. Zoning Administrator Dan Vincent is concerned there is not enough material left on the Smith property for reclamation.

            Town Council

Jim Bergeron noted the Council will be discussing the Gaziano property at next week’s meeting. He asked why the Planning Board had provided comments and not an opinion.

Val Shelton explained the RSAs indicate the Board is to provide comments, not a recommendation to the Town Council.

            Open Space

Vice-Chairman Snyder referenced a letter relating to the open space land on Lita Lane. These parcels were Town owned due to tax default. Open Space Chairman Drew Kiefhaber felt a joint site walk would be helpful. The lots are believed to be wet and are contiguous. She was unsure the exact acreage of the lots but felt there was enough land to warrant a discussion.

Chairman Fecteau noted it would be in the Commission’s interest to have ownership of the lots; it could create leverage for funding other projects. He would call Open Space Chairman Drew Kiefhaber.

George Hilton, Jr. and Jim Bergeron expressed their interest.

Vice-Chairman Snyder noted the properties along Follett’s Brook are also just sitting there. She felt a discussion with Recreation Director Jim Hilton and the Town Council would be fruitful.

Chairman Fecteau noted the Leary property had been purchased, sold to Open Space and then transferred to recreation.

Vice-Chairman Snyder noted she would contact Recreation Director Jim Hilton. There has been interest with those properties, but timing has always been off. The Town had been looking to Follett’s Brook as a water source at one point. There had also been an outcry from residents not wanting development back there. The property may not be conducive to ball fields because of the wetlands.

Vice-Chairman Snyder noted the purchase of the Smith property by the Nature Conservancy and the easement conveyance to the Town would be happening next Thursday at 9:00am. She discussed funding for the project.

Jim Bergeron noted the Town Council is looking at the first five acres and home as a possible location for ball fields.

Vice-Chairman Snyder noted the 115-acre parcel extends into Durham. There is private land between conserved lands in Newmarket which prohibits trail connection.

Chairman Fecteau suggested obtaining the proper permissions and liability waivers to create such a trail may be a project for next year.

            Land Stewardship

Vice-Chairman Snyder noted she would finalize the two signs for the Wiggin Farm kiosk with Infinite Imaging tomorrow. Lamprey River Advisory Committee (LRAC) had provided laminated copies of the map showing the Lamprey River access points by road, bicycle and water. The map showed places interested people could stop and see things along the route.

Vice-Chairman Snyder noted she, George Hilton, Jr. and Val Shelton had monitored the Nostrom easement which looked good. All monitoring has been done for the year. She would be sending the files out.

Chairman Fecteau noted he had spoken with Administrator Wojnowski about moving the Commission filing cabinet into one of the temporary offices downstairs in order to make the filing cabinet more accessible to Commission members.

Vice-Chairman Snyder referenced the conservation easement metal signs indicating there are about 40 left. She is unsure how many Town boundary metal signs there are.

Chairman Fecteau believed there were more signs at the DPW building.

Vice-Chairman Snyder suggested it would be a good time to walk the properties to check for adequate signage.

Jim Bergeron noted he would be interested.

Chairman Fecteau suggested waiting until February to ensure the ground is solid and safe; there are a lot of wet areas.

Jim Bergeron asked about trail markers for the Loiselle property.

Chairman Fecteau suggested looking at DPW before ordering additional signs.

Vice-Chairman Snyder noted Steve Michaud from Doucet Survey had staked the Piscassic River/Loiselle property today. It was important not to lose the boundary line. The Commission had agreed to install posts with blue bird boxes. She suggested meeting Sunday at 10:00am to stake the boundary further and flag a trail if there is time.

Chairman Fecteau and Jim Bergeron expressed interest in helping.

Vice-Chairman Snyder noted once a trail was laid out, she would create a map and text similar to what she had done for the Wiggin Farm kiosk.

Vice-Chairman Snyder referenced RSA 36 noting the Commission needed to approve and adopt or ask the Town to approve and adopt language that would allow the Conservation Commission to provide funding for certain projects.

Boy Scouts

Jim Bergeron noted the Cub Scout leader had expressed interest in having the Cub Scouts build the blue bird houses. They would need help with funding for the basic materials.

Chairman Fecteau asked how many would be made.

Vice-Chairman Snyder suggested at least 15 bird houses would be needed. The Commission had voted to authorize the expenditure of up to $3,000 for improvements to this property. The funding for the blue bird houses could come from that.

Jim Bergeron noted his wife had walked Follett’s Brook and had noted the substantial damage on the trail due to four wheelers riding adjacent to the Brook. He thought there were signs up already. It was not possible to tell where the vehicles were coming from.

Vice-Chairman Snyder noted Fish & Game would be interested in knowing this information. They may be able to help with enforcement.

7. Chairman’s Report

Chairman Fecteau noted the Strafford Regional Planning Commission would be holding a PowerPoint presentation on water programs.

Chairman Fecteau noted the Commission had received notification of a dredge and fill permit application for the Bickfords on Packers Falls Road. He noted this was a result from the Wojnowski’s water problems.

Val Shelton asked if the Conservation Commission needed to provide comments.

Chairman Fecteau noted the information was provided to the Commission just to inform them. No action was required from the Commission at this point.

Val Shelton noted the project may require a Special Use Permit from the Planning Board. The Lamprey River is under State protection. Newmarket has an additional overlay protection. The Planning Board process would require Conservation Commission comments. This project would occur within 250 feet of the Lamprey River which is within the new Shoreline Protection Act. She noted she would speak with Zoning Administrator Dan Vincent to follow up.

8. Old/New Business

Jim Bergeron asked if the Board should declare a vacancy since Amy Buxton-Jewell has not been present at the meetings. He knew of someone who would be interested.

Motion: To formally remove Amy Buxton-Jewell as a member of the Conservation Commission due to over one year lack of attendance.

Motioned: Vice-Chairman Snyder

Seconded: Jim Bergeron

Vote: All in favor

Chairman Fecteau noted any interested resident could fill out an application. The Commission could use additional help. There are alternate positions available as well. Amy Buxton-Jewell held an alternate position which would expire May 2010.

Jim Bergeron noted there is one full membership position and two alternate positions available. 

Vice-Chairman Snyder noted Kathy Castle should be informed of the vacancy so it can be posted.

George Hilton, Jr. noted alternates are expected to attend the meetings.

Vice-Chairman Snyder noted at the last meeting the Commission had discussed the changes being made to RSA 36. The New Hampshire Association of Conservation Commissions has two articles located on their website. If the Conservation Commission wants to have the ability to support land protection projects by giving money to a qualified organization (such as a land trust) without taking a property interest, the following article needs to be passed: “Shall the town vote to adopt the provisions of RSA 36-A:4-a, I(b) to authorize the conservation commission to expend funds for contributions to 'qualified organizations' for the purchase of property interests, or facilitating transactions related thereto, where the property interest is to be held by the qualified organization and the town will retain no interest in the property?" If the Conservation Commission wants to have the ability spend money on projects outside the municipal boundaries, the following article needs to be passed: “Shall the town vote to adopt the provisions of RSA 36-A:4-a, I(a) to authorize the conservation commission to expend funds to purchase interests in land outside the boundaries of our municipality, subject to the approval of the local governing body?" If the Conservation Commission supports these changes, they can make a recommendation to the Town Council for adoption or inclusion on the Warrant Article for 2009. She noted the legislative body needed to adopt both articles. She questioned whether that body would be the Town Council or the residents through vote.

Motion: To forward this information to the Town Council with the Conservation Commission’s recommendation for adoption of the “Optional Powers” section of RSA 36-A:4-a.

Motioned: Vice-Chairman Snyder

Seconded: Val Shelton

Vote: All in favor

Vice-Chairman Snyder noted she had submitted comments to the Town Council regarding the Gaziano property off Neal Mill Road back in August. The Conservation Commission had submitted comments in September, and the Planning Board had submitted comments in October. She has attended both site walks. There is not much information presented with the application. She felt it would be helpful to create a map and re-describe concerns for submission to the Town Council.

Jim Bergeron noted the Council would be discussing this next week at their meeting.

Vice-Chairman Snyder passed out her recommendations and suggestions for Commission review. It was her recommendation the Town Council not approve building on the Class VI portion of Neal Mill Road based on site conditions. There are many natural resource reasons and Town liability reasons. She did not feel this would be good for the Town. If the Town chose to move forward with allowing the building permit, there were points she hoped the Council would consider before granting the building permit.

Chairman Fecteau noted the Conservation Commission had endorsed statements similar to those on the backside of the paper Vice-Chairman Snyder handed out.

Vice-Chairman Snyder noted the front side was her reasons why the Town Council should reject the development on the Class VI portion of Neal Mill Road. If the Council feels they should allow building out there, the Commission could provide framework around allowing the building permit.

Val Shelton noted if the Town changed Neal Mill Road to a Class A Trail. The landowner would need to be compensated.

The Commission discussed Vice-Chairman Snyder’s recommendations and agreed to support the back page of recommendations if there were some changes. The recommendation would be as follows:

            If the Town Council allows development on the Class VI portion of Neal Mill Road, the Conservation Commission recommends the following conditions prior to the issuance of a building permit:

Follow the three Planning Board recommendations included in their October 15, 2008 memo. These include, in brief:

Apply the Planning Board process and standards provided under Chapter V of the Subdivision Regulations related to design standards, roads, drainage, utilities, and emergency services

Ensure no commercial activity

Obtain legal review of limits of municipal responsibility and liability

Prior to obtaining a building permit, the applicant must provide to the Code Enforcement Officer the following documents to ensure the project will meet with Town Zoning or other regulations:

A certified plat plan that shows the following:

Wetlands, prime wetlands, hydric A and B soils, floodplains and associated setbacks in the Zoning Ordinance. These wetlands and setbacks should also be flagged on the property

The location of all buildings, arenas and other structures in relation to wetlands and hydric soils

The location of utility and road infrastructure including guy wires

Given the environmental site conditions and potential liability concerns, require additional engineering review and permits

Require landowner to provide a manure management plan that addresses how the landowner will protect water quality of the Piscassic River and associated wetlands

Motion: To support the back page of Vice-Chairman Snyder’s handout as amended.

Motioned:  Vice-Chairman Snyder

Seconded: George Hilton, Jr.

Vote: Jim Bergeron and Val Shelton abstained. All other members voted in favor

Chairman Fecteau noted he was not comfortable recommending the reclassification of a portion of Neal Mill Road to a Class A Trail. He felt there would be too many limits imposed on the applicant’s property.

Vice-Chairman Snyder noted if the Town denied allowing construction out on the Class VI portion of Neal Mill Road, the applicant’s recourse would be to go to court. Reclassifying that portion of Neal Mill Road to a Class A Trail would provide the opportunity for compensation out of court.

Val Shelton explained the Planning Board had provided comments relative to all issues the Board felt the Town Council should consider during its deliberation on whether to grant the building permit. The Planning Board provided a list of issues the Board felt needed to be discussed prior to granting the building permit. The Planning Board did not provide a recommendation whether to grant the permit or not.

George Hilton, Jr. felt the Town Council would have enough information to make they decision with the documents submitted previously by the Conservation Commission and Planning Board.

Vice-Chairman Snyder noted she would revise the back page of her handout and submit it to the Town Council as an amended memo from the Conservation Commission.

9. Non-Public RSA 91-A:3 II (d)

Motion: To enter into Non-Public RSA 91-A:3 II (d) at 8:53pm to discuss real estate.

Motioned: Chairman Fecteau

Seconded: Jim Bergeron

Vote: All in favor

Motion: To leave Non-Public RSA 91-A:3 II (d) at 9:08pm.

Motioned: Vice-Chairman Snyder

Seconded: George Hilton, Jr.

Vote: All in favor

Motion: To seal the Non-Public minutes for one year because the release of information would render the proposed action ineffective.

Motioned: Chairman Fecteau

Seconded: Vice-Chairman Snyder

Vote: All in favor

10. Adjournment

Motion: To adjourn at 9:08pm.

Motioned: Jim Bergeron

Seconded: Vice-Chairman Snyder

Vote: All in favor

Respectfully Submitted,

Erica Spechuilli