Warner Conservation Commission

Minutes of Meeting

June 2, 2010

Attending:  Nancy Martin, John Dabuliewicz, Doug Allen, Russ St. Pierre, Scott Warren, Brian Hotz, Peg Bastien, Mimi Wiggin, and Jim McLaughlin (recording). Also Clyde Carson, Selectman.

Minutes of  May 5, 2010

The minutes of the meeting of May 5, 2010 were corrected as follows: in the last sentence of the first paragraph under Bound Tree ATV Club Discussion, the word “us” should be “use”. With this correction, the minutes were approved.

Selectmen’s Hearing, June 8th, Bound Tree ATV Club

Members discussed the subject of this club’s request for permission to use certain class 6 roads in the Mink Hills for ATV use. One concern expressed was the potential for wildlife disruption by the increase in motorized vehicle use, i.e., ATV’s, at times when they are nesting or engaged in other important life cycle processes. Snowmobiles don’t have the same kind of impact since they are in use when most wildlife are either absent or in a dormant stage in winter.

A second concern raised is the potential of the Town’s being drawn into a legal battle between a conservation easement landowner and some person operating an ATV who was responsible for causing physical damage to an easement property. Brian cited a recent case where the Forest Society was forced to spend $75,000 involving a lawsuit brought by an abutter to an easement. He felt that the potential existed for the Town to be drawn into a legal battle, if ATV use off the road caused damage to a conservation easement property in which the Town an interest holder.

A further concern was that even though the Club had asked the State not to put their trails on the State’s web site, that word would eventually filter out through informal means and lead to much higher use of these roads by other ATVers.

The conclusion was to write a letter to the Board of Selectmen bringing these concerns to their attention as information. John suggested that the BOS’ permission might be granted for a limited time, to see what effects ATV use of these roads would actually be.

Conservation Lands - Gore Farm Conservation Easement

Brian gave an update on the Kearsarge Gore Farm conservation easement process. The amount of acreage of the Sutton parcel was found to be 33-34 aces less than thought due to an error in deed transfer work years ago. An update in the appraisal resulted in a slightly higher per acre value. Also the number of acres to be held out of the easement was somewhat larger (15 acres). Due to these factors, Brian has negotiated agreement on a value that is 5% above the appraisal figure, which is well within standard practice. In addition, the Forest Society has agreed to cover this increase (about $13,500) out of its own resources, not the Towns’. Brian is continuing to fine tune the budget.

Warner’s public hearing on this easement is set for Wednesday, June 16, with a vote to follow. Members were encouraged to attend so that there would be a quorum. Brian asked the WCC’s opinion on whether the Town should be a signatory to the sales and purchase agreement (PSA). He said that in the past, this has not been the practice, but that Sutton said they wanted their Selectmen to sign it. The consensus was that Warner didn’t need to sign the PSA, unless Sutton insisted on their BOS’ signing. Brian is meeting with Sutton soon and will talk to them about this point. He said that finalizing the CE could take another three months.

Brian advised that a 40 acre parcel abutting the Bound Tree easement land has been gifted to the Forest Society and can provide an access point for hikers and other recreationists to the Minks.

Conservation Plan - Goals

John led a discussion on initiating steps to implement the objectives of the natural resource conservation goals of the plan completed in 2009. He suggested working with the Planning and Zoning boards to identify where local regulatory tools can be strengthened to protect natural resources, e.g., floodplains, riparian areas, scenic views, aquifers, wildlife habitat. There was a consensus that this would be a good first step and John offered to draft a letter to the Board of Selectmen to ask that they request a meeting between the Conservation Commission and these two boards to discuss this area of cooperation. John said this fall would be a time to suggest such a meeting.

Wetlands Issues

Russ reported on several shoreland protection actions involving Pleasant Pond and the Warner River in which DES is currently involved.

Planning Board Report

No report, since the Planning Board meets on June 7. Several consultations are scheduled, but not much of interest to the Conservation Commission.

Old Business

Kearsarge Indian Museum Easement

Jim reported that the land owner of the 80 acre former Kearsarge Indian Museum Easement has communicated his desire for the Commission to assist in keeping people from camping on this land, by placing a sign advising the public of this prohibition. The Commission agreed to take the steps necessary to put a sign in place. Discussed appropriate wording for this sign. Brian will send what the Forest Society uses on similar signs and Jim agreed to send around draft language. 

The next meeting is July 7, 2010.

Meeting adjourned at 8:20 P.M.