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Warner Conservation Commission Minutes of Public Hearing and Meeting June 16, 2010
Attending: Doug
Allen, Mimi Wiggin, Brian Hotz, and Jim McLaughlin (recording).
Gore
Farm Conservation Easement Public Hearing
A
public hearing was opened at 7:15 P.M. by the Warner Conservation
Commission on its vote to spend up to $70,000 from the Town’s
Conservation Fund towards project expenses and the purchase of
executory interest in a conservation easement on approximately 339 +/-
acres of land in Warner, from Robert Bower of Warner, NH. Execution
of a Purchase and Sale Agreement is to be signed by the Selectmen. Closing
on the conservation easement will be preceded by review and approval
by legal counsel of the title report and hazardous waste inspection
report and grant funds awarded the project by the NH Land and
Community Heritage Investment Program Authority (LCHIP).
There
being no public comment, the hearing was closed. A motion was then
made and seconded that the Warner Conservation Commission recommend to
the Board of Selectmen an expenditure of up to $70,000 from the
Town’s Conservation Fund toward the purchase of an executory
interest in 339 +/- acres from Robert Bower. This motion was passed
unanimously.
Brian
advised that he would provide the Selectmen with summary information
about this project for their review and that he would be available at
their July 6th meeting to respond to questions.
Other
Business
Jim
reported that Nancy had received an email from Laura Buono asking for
guidance on a concern brought forward with regard to conservation
easements and the building permit process. During the building
permit process, the
Town does not check whether or not easements are being honored, be
they conservation easements or other easements. The Town’s position
is that easements are typically a civil issue and as far as building
permits go, the staff makes sure setbacks are met as well as shoreland
protection and floodplain regulations. Laura went on to ask if it
would be helpful for the Town to advise the Commission of any building
permits that are issued on land that has a conservation easement.
After
some discussion, it was the consensus of those present that the
Commission would appreciate being informed whenever possible. If the
Commission isn't the primary holder of the easement then they can
notify whoever is - the Forest Society, Ausbon Sargent, or other
organization.
However,
it is the responsibility of the landowner and the primary holder of
the easement to determine if the proposed building is allowed under
the easement terms. Typically, the Town planning board should not need
to determine this. However, things happen and since there are nine
conservation easements in town that are held by the Town, it’s
possible approval by one board may be falsely interpreted as approval
under the easement.
Therefore,
whenever a property subject to a conservation easement is up for a
building permit or subdivision, it would be extremely useful to give
notice to the Conservation Commission to head off any larger problems.
The
Town has submitted to DES a dredge and fill application for
construction of a rock retaining wall to stabilize a short section of
bank of the Warner River at East Roby Road. The Commission agreed to
send a letter in support of this project as necessary to the welfare
of the town.
The
next regular meeting is July 7, 2010.
Meeting
adjourned at 7:25 P.M.
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