Warner Conservation Commission Meeting Minutes 11/5/08

Warner Conservation Commission

Minutes of Meeting

November 5, 2008

Attending: Nancy Martin, Brian Hotz, Peg Bastien, Chris Connors, John Dabuliewicz, Mimi Wiggin, Doug Allen, and Jim McLaughlin (recording). Also David Herrick.

Newly appointed members, Mimi Wiggin and Doug Allen were introduced.

Approval of Minutes of the October 1 2008 Meeting

The minutes of the meeting of October 1, 2008 were approved as submitted.

Warner Aggregates

David Herrick described the proposed use of his property in Davisville for 6-8 construction vehicle auctions per year. The portion of the property to be used is not in the sand/gravel pit, but on upland area adjacent to I-89. Mr. Herrick proposes to level the area and convert it to a hay field. He said that loam and sand had been taken from this area during the building of the interstate. No structures would be erected and only a trailer and portable toilets would be brought in. It was observed that the plan of the property shows a wetland symbol in this area. Mr. Herrick said he would have this checked out, but that he didn’t think this area supported wetland vegetation. His proposed use must receive a variance from the Zoning Board since the parcel is in the OC-1 district.

Discussion followed on a number of conditions or restrictions that the Conservation Commission would like to see placed on this use, if approved by the ZBA. Included were: no washing of vehicles on site, rejection of vehicles that leak oil, having oil spill response procedures in place, limiting time vehicles are on site to, limits on amount of fuel in vehicles, and identifying any wetland in the area affected by this use. Mr. Herrick was agreeable to these conditions. John Dabuliewicz will draft a letter to the Zoning Board that expresses these concerns and withdrawing the WCC’s objections to the project, with copies to Mr. Herrick and his attorney.

Conservation Fund Appropriation

Discussion focused on whether or not to request an appropriation in the FY 2009 Town budget for the Conservation Fund. Arguments for requesting $50,000: current projects will entirely use up available funds; strong support in master plan survey for spending on land protection; conservation plan will require funding next year; and current use penalty funding has slowed significantly. Arguments for reducing request: the fact that the Commission doesn’t have any new land protection projects in hopper; the tight Town budget picture; economic down turn and its impact on tax payers’ ability to manage; and the good will such an action might produce among voters at Town Meeting. It was noted also that Town Meeting could change the amount set aside for conservation. It was moved and seconded to submit a request to the Selectmen for $30,000 to be added to the Conservation Fund in 2009. This motion was approved unanimously.

Land Protection

Courser - Brian reported that another technical correction was in the works on the Phase 2 agreement of the Courser project - to remedy an inconsistency in the agreement regarding a house lot exception. This corrected agreement will be signed on Monday by the Selectmen.

The agreement for Phase 3 is currently undergoing final proof reading. Ausbon Sargent is moving quickly to complete this project by late fall. Brian will email the draft to those interested in reading it. The Commission needs to hold a public hearing before deciding to recommend the Selectmen commit the Town’s share of Phase 3. There was general agreement that this could be done at the regular December meeting, prior to advance public notice.

Bound Tree Parcel - Brian gave an update on progress to protect the 446 acre Bound Tree parcel through a conservation easement. The proposal Brian described, involves the Town paying for the value of the CE, estimated at $119,500, and the Forest Society picking up the estimated $45,000 cost for survey, legal and monitoring expenses. The new owners of this property will want to reserve a house lot on East Joppa Road - about 20 acres that would not be in the easement. They also indicated a desire to have a gazebo or rustic cabin on the property. Following discussion on the project, a motion was made and seconded that the Commission was in favor of dedicating up to $119,500 to the Bound Tree easement and recommending this action to the Selectmen, with the Forest Society holding primary interest in the easement and the Town holding executory interest. This motion was approved unanimously.

New RSA - Chris described two changes to the RSA governing a Town’s use of its conservation fund. The first change in the law, passed this year, allows a Town to spend money out of its conservation fund on a project without gaining any interest in the property. The second change allows a Town to spend its money on land outside of its town boundary. In order for these powers to come into play, Town Meeting would have to approve warrant articles granting this authority. An example where the former authorization would be advantageous to the Town might be a large and complicated easement where the Town would not want to have any role in easement enforcement and agreed to turn that burden over entirely to a conservation organization. In the latter case, a project might involve protection of a watershed, some of which lay outside the Town’s boundary, or a property, most of which was within the boundary, but a small piece lay beyond. After some discussion on this, the Commission decided to delay consideration for the time being and see what the experience of other towns was that put these measures before their voters.

Bower - Brian said he planned to meet with Bob Bower soon to discuss conservation easement possibilities on his property. There was agreement among the members that this property was a logical next project. Brian said this would be a great project for outside funding, with a minimum of Town involvement, but that it might take several years to bring it about. A site walk could be scheduled later.

The Commission agreed to do a site walk on the Bound Tree property on Saturday, November 15, meeting at the end of East Joppa Road at 9:00 A.M.

Brian reported that Henniker is taking a more active role in land protection in their portion of the Mink Hills.

Natural Resources Inventory (NRI)

Jim reported that Dan Sundquist had emailed to say that he was almost finished with the NRI report, but was still having a problem with the scenic resources section. Chris agreed to contact him to discuss this. The Master Plan Committee has scheduled a public visioning session for December 8 and wants to have a presentation of the NRI as a major part in this discussion. Jim will check to see if Dan will make the presentation, since this is part of the contract with the Forest Society.

Chris brought up the idea of asking Rick Vanderpol to prepare a scope of services for a conservation plan. Following discussion, Brian agreed to put together a list of consultants who do this work so that the Commission could see a broader set of professionals in the field. Brian also offered to put together within the next three weeks

some information on the scope of a conservation plan and links to communities which have done them.

Wetlands Issues

Peg reported that Eric Skoglund (DES’ wetlands enforcement) had visited the Harte property on the Warner River and would be issuing a letter on corrective actions that Mr. Harte would be required to take. This would likely involve the removal of some of the stone terraces that were placed in the river floodway. Peg offered to request that DES send a copy of any such letter to the Commission.

Iverson - Nancy read a letter from DES to the Iversons requesting additional information on their application to dredge a portion of a pond to remove cattails. There was discussion on the way this application was presented to the Commission for its endorsement, with no time to consider the merits or to do a site visit. Chris said she would work on a set of procedures that would serve to guide the Commission in future.

Discussion followed on the matter of the letter from the WCC, after its October meeting, to the Zoning Board concerning Warner Aggregates’ application for a variance. There was general agreement that decisions made by the Commission must take place at regular meetings and Nancy urged members to try and make as many meetings as possible. The subject of emails and the right to know law was discussed as well.

Planning Board/Zoning Board

Chris reported two ZBA agenda items for its next meeting regarding adding height to two cell towers - Kelly Hill and Davisville.

Other Business

Discussed current budget status. Chris has a request for reimbursement for workshop attendance. A bill for NHACC annual membership fee of $200 for next year may be coming before the end of this year. Brian will check on this. Jim suggested using whatever isn’t used to help pay for the update of the Town’s digital tax map from 2002 to this year. the total cost is $3,000. He will check with Laura Buono on the prospect of tapping any unspent revenue in the Town budget at the end of the year to pay for this expense.

The next meeting is December 3, 2008.

Meeting adjourned at 9:45 P.M.