Conservation Commission Meeting Minutes
April 4, 2016
Present were members: Pam Smillie, Margaret Graciano, Brian Byrne, Tom Seidel, Dave Matesky, and Mark Ross-Parent. Mike Dufilho was absent. Hank Benesh filmed the meeting.
Visitors included George Howard and Jim Rines.
A motion was made to approve the minutes from March's meeting without any changes.
Tom welcomed our new member Mark Ross-Parent!
Tom initiated re-elections. A motion was made to re-elect Tom as chairman. Another motion was made to re-elect Brian as vice-chairman.
Margaret asked if anyone else would like to be secretary. She e-mailed Julie and Julie in town admin to ask if we could possibly get an outsider to come and take the minutes but as of the start of the meeting had not yet heard a response. We wondered if there is money in the budget to hire a secretary.
Mark asked how much money we have in the budget. Dave, Tom and Pam filled him in on the various sources of our income.
The secretary position will remain open until we have additional information regarding our options.
Jim Rines from White Mountain Survey & Engineering, Inc. came seeking approval on an expedited wetlands permit for Nestlenook Inn. He presented us with a plan to replace the intake pipe in the Ellis River that feeds the Nestlenook pond. It's currently made out of corrugated metal and in addition to filling in with debris and silt, the metal is rotting. Their new plan is to replace it with HDPE pipe that will hopefully last longer than the current metal one installed in 1990. We reviewed the photographs and site plans and decided to approve Jim's permit as expedited.
Prospect Farm
Pam presented a letter from Attorney Robert Upton to Diane McLave in December 2004 that said he believed "a conservation easement may be contrary to the terms of the devise." (Laid out in Edith Baker's original Will.) The Trustees of the Trust Fun uncovered the letter and thought it may be relevant.
Margaret said that Linda Comeau's follow-up e-mail after March's meeting reported that they had consulted an attorney and the attorney general's office and were advised that an easement may be unnecessary because it is already protected.
The Baker Will states that the land is given to the town "to be forever held and used by it for a public park."
Tom asked Pam if a deed and a will are separate legal documents?
Pam explained the difference.
George Howard said that Edith Baker gave the land to her son Ezra and that after he died it would go to the "inhabitants of the town." George is concerned that if the the land were placed under easement, that the restrictions put in place may actually become irrelevant years down the road. But once they are laid out, the restrictions cannot be removed. He feels that it is extremely significant that the land was given to "the inhabitants." Therefore, the control should stay with the inhabitants, not a third party i.e. an easement holder. He feels that an easement takes it out of context of the zoning ordinance under which it was originally given.
A discussion ensued over the definition of inhabitants and whether or not the current townspeople can make decisions for the future of the town.
Tom stated that we need a development plan for Prospect Farm to use as a starting point. He also would like to get a current opinion on the legal wording of the will/deed. Tom will contact Bob to get permission from the selectmen for a legal review. George said he has a PDF of the original town document that he will email to Margaret.
Tom reiterated that we would get to specifically outline the restrictions that we wanted.
Margaret, Brian and Mark volunteered to work on a Prospect Farm development plan. This plan will begin by gathering previously discussed rules.
Progress on interpretive signs: Margaret has done nothing. George hasn't begun yet. And Mike isn't here to say what he has or has not done.
Jackson Falls
Tom ordered the seedlings. Pick-up will be on a date TBD at a location TBD in a 2-3 hour window. Get ready for the stork! Tom gave Julie instructions to email him when the postcard arrives in our box but we decided it would be great if she could email all of us because Tom is often away from email.
We discussed whether or not to continue the use of woodchips to delineate paths. Pam asked Greg Howard if there was another option beside wood chips and he said no.
Pam suggested that going off of Mary Howe's suggestion at the last meeting, the JSTF lot on Valley Cross Rd. could be for Jackson residents only. Then we could have a drop-off zone and the lower lot for non-resident parking. Then we could also eliminate parking on the side of Carter Notch Rd. Tom feels that we need to consult the road crew and fire department regarding parking spots.
We wondered if we should also write a management plan for the falls regarding its purpose and maintenance approach.
These are the points currently in progress:
- Successful installment of the previously approved "No parking" signs
- Seedlings
- Woodchips
- check-in on the cutting plan
What would we like to ask for approval on?:
- Fence
- No parking outside of lots on Carter Notch Rd.
- Drop-off zone
Tom will write a management plan proposal to be voted on by the commission at the next meeting.
Gray's Inn
Invasive species control. Ann Bennett e-mailed Margaret a document from the Stewardship Network called Picking Battles about managing invasive species. It is a 38 page document detailing priorities and strategies that may be used, as well as highlighting why certain invasive species are harmful to wildlife. Perhaps it might help inform our strategies. Margaret will email it to the group.
We decided to backburner the knotweed at Gray's Inn for the summer because, as Bryan said, it is like cleaning an oil spill with a spoon.
We decided that Larry's retirement package will be to continue monitoring the Mystery Hill Loop. Thanks, Larry!
Easements
This year Tom would like to monitor all of the town easements, not just the SPNHF easements.
A motion was made to adjourn the meeting at 7:22pm.
Respectfully submitted,
Margaret Graciano
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