Warner Conservation Commission

Minutes of Meeting 

December 1, 2010


Attending: Nancy Martin, John Dabuliewicz, Russ St. Pierre, Doug Allen, Brian Hotz, Scott Warren and Jim McLaughlin (recording). Also Vanessa Goold, CNHRPC Regional Planner.

Minutes of the Meeting of November 3, 2010 - The minutes of the meeting of November 3, 2010 were approved as submitted. 

Environmental Land Use Regulations
Vanessa Goold provided information on a variety of regulatory measures that are allowed under State law and implemented in a number of towns in New Hampshire, as follows:
1. Small wind energy systems ordinance (Sunapee, new London) - regulation so that such systems are not unreasonable discouraged. Brian cited Warner’s adoption of a measure that doesn’t increase a property’s tax assessment if wind or solar energy equipment is installed.
2. SB 381/RSA 36-A donations by CC’s for conservation acquisition outside town boundaries (Bradford, Hopkinton). Probably not something that Warner would go with.
3. Aquifer protection ordinance (Concord, Bow) This would regulate land use over important aquifers in town, primarily to exclude certain uses involving hazardous chemical storage or processes that could lead to groundwater contamination.
4. Wetlands buffers (Hopkinton, Bradford, Bow) 200 foot buffer recommended as ideal. Skepticism was expressed on its application, except in cases of specific prime wetlands.
5. Local shoreland protection ordinances (Concord, Sunapee, Newbury) - meant to provide more restrictive regulations than provided under State law. Vanessa described the State’s Geological Survey program to map fluvial erosion areas along a number of rivers. The Warner River has been proposed for this type of study, but not yet selected. This could lay the basis for zoning of flood prone areas where development should be restricted. She suggested that if the Town felt this study of the Warner River would be advantageous, it should contact the State Geologist’s office.
6. Agricultural Incentive Zoning (Hudson, Weare, Allenstown) - intended to encourage and not deter agricultural activities in the face of residential development pressures; usually based on soils or existing farming land uses.
7. Transfer of development rights (Lee, Bedford, Dover, Concord,Bow) - provides for increased density of development in one area of town (typically the urban core) in exchange for a monetary or other form of payment that results in land protection in a rural area of town.
8. Energy efficient development ordinance (Epping, Portsmouth, Ossipee) - requires energy efficient construction to be employed in a town or portion of town.
9. Agricultural Commissions (Boscawen, Canterbury, Loudon, Concord) - a commission with advisory powers to encourage agriculture in a town and limit restrictions.
Vanessa cited three web sites that contain significant information to towns on this topic:
NHDES Stream Crossing Rules, ENV-Wt 900:
NHDES Innovative Land Use Planning Techniques Handbook:
NHOEP Reference Library: Municipal Land USe Regulation Database:

Discussion followed about issues that concerned the Commission. Ridge line protection was one issue that has been seen as important in town. John asked about other towns’ site plan regulations with an environmental orientation. Vanessa offered to check into this.
Discussed the proposed rezoning of an area in Davisville by the Planning Board from OC-1 to C-1. The Commission agreed that the future land use map to be incorporated in the update master plan should show a 300 foot buffer along the southern side of the Warner River as the River Conservation District or Corridor, from the Interstate through this part of Davisville. Jim will draft a letter to the Planning Board to this effect.
Vanessa was asked to see if two copies of the latest Land Use Laws of New Hampshire could be made available to the Commission. Nancy thanked Vanessa for her briefing.

Conservation 
Kearsarge Gore Farm Project - Brian reported that he is in the final stages of the project. A new appraisal has been completed and increased the value due to the clearing of an 11 acre field that resulted in enhanced views. The assessed value of the easement is $235,000, on 413 acres. An agreement on the boundary with abutter Phinney in Sutton needs Bower’s signature. Brian plans to meet with the Warner Selectmen on December 14 to get their approval. Warner’s second and final payment of $48,776.31 is in Brian’s hands. He hopes to move along the final approval path with Sutton and LCHIP and finish by the end of December, but noted that this closing is a drawn out affair with no single signing ceremony.
Chase Easement
Brian commented on the results of SPNHF’s inspection of the recent logging operation on the Chase property off East Joppa Road. Their monitoring steward visited the site and found that the operation was in line with their forest management plan and utilized equipment that minimized environmental damage to the property. This was a selective type of forest harvest. They were only faulted for not notifying the Forest Society prior to the harvest, which Brian said occurs about 80 percent of the time.
Black Mountain Project - Brian reported that this project is scheduled to close on December 30. Funding for the 1.2 million dollar project looks good. but he urged members to send in donations for this 1,000 acre tract. He noted that there has been some recent damage to the property caused by ATVers, particularly along a stream used as a road by these recreationists. Brian also said that the current owner is in arrears on taxes to the Towns of Sutton and Warner. These amounts the Society will deduct from their final payment and send to the towns. Nancy gave a report on the walk on this property attended by 48 persons in November.
Sturms
Brian reported he has been working on the easement details with Brendan Quigley, for the Sturms on this mitigation project. Discussed the preparation of baseline documentation on the easement. Sturms will pay the Town for the easement related costs. Brian suggested a field trip to walk this property. On a related note, Brian recommended that the Commission review all of its easements to see what baseline data exists for each.

Jim reported that a fourth current use penalty payment of $3,599.19 was received in October and deposited into the Town’s conservation fund. This makes the total for the year $20,575, an amount that is approximately all that remains in the fund, after the Bower payment.

Joint Meeting w/ Planning and Zoning Boards - Jim reported that this meeting has been scheduled for February 14.

Wetlands Issues - Russ reported that there were no new wetlands permit applications on file.

Planning Board Report - The Commission viewed the minor subdivision application on Joppa Road that will come before the Planning Board next week.

Storm Drain Stencil Project
Nancy advised that she and Jim will meet with Judy Pellettieri and the art teacher at Simonds School on Friday to discuss their involvement in this project. David Carroll has agreed to cut the stencils for the project. Need to check with Allan Brown on the number of drains in the village. Scott Warren agreed to work on the educational component. Peg Bastien was also mentioned as an important contributor.

There being no further business, the meeting adjourned at 8:40 P.M.

The next regular meeting is January 5, 2011.