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Selectboard Minutes 2007/10/10
Town of Lyme
Board of Selectmen
Minutes for October 10, 2007

1.      The regular meeting of the Board of Selectmen convened at 8:00 AM in the Fire Station training room.  The following attended the entire meeting: Simon Carr, Dick Jones, Charles Ragan, Bookkeeper/Secretary (also Chair Recreation Commission) Dina Cutting and Administrative Assistant Carole Bont,.  The following attended parts of the meeting: Conservation Commission: Chair Matt Stevens, members Lee Larson, James Graham, Recreation Commission members: Kathleen Henriques, Tor Tosteson, Peter Mulvihill, Police Chief Pauline Field, Fire Chief Michael Hinsley, Town Emergency Manager Wallace Ragan, Public: Doug Vogt, Carolyn Steffey, Scott Steffey, Julie McCutcheon, Rob McCutcheon, Breck Taylor, Kim Taylor, Barbara Lynch, Dan Lynch, Tom Morrissey, Richard Bradley, Bob Coyle, Hank Flickinger, Rob Meyer, Andrea Colgan, Tom Colgan, Colin Robinson and Walter Wetherell.
2.      Beavers:
a.      Following the Board’s notification to the Conservation Commission, last week, of steps to be taken to control Post Pond water level, there was a public discussion on the issues of the beaver dams in the Chaffee Wildlife Sanctuary, the water level in Post Pond, the condition of Chase Beach, the ball field and the beavers’ work in Trout Brook:
Dick summarized the Board’s position in voting for a breach of the lower Clay Brook dam and the need to trap beavers in Trout Brook. He then offered members of the Conservation Commission and Recreation Commission the opportunity to speak on this.
Matt Stevens: was concerned about the steps taken by the Selectboard and hoped for a proper explanation.
Lee Larson: the Selectboard had delegated the management of the Chaffey and of Post Pond water level to the Conservation Commission.  He questioned whether the Board then had the authority to overrule the Commission and whether the steps the Board had taken were legal.
Dina: she was very pleased that the Board had taken steps to address the issue.  Katherine Henriques endorsed Dina’s comments.
Peter Mulvihill produced pictures of the current state of the ball field and pointed to the poor conditions. Given the current conditions he had to spend significant time re-organizing where matches might be played and notifying all parents.
Dick then opened the meeting up and invited public comments.
Tom Morrissey: the option was either to add fill to the ball field or lower the water.  He had been involved in the study by Normandeau Associates which had been undertaken for the Natural Resources Inventory.  Simon read out the summary (page A5), which set out their recommendation for Post Pond water level.
James Graham: there had been no Commission decision to bring the level down to 2ft. and the Commission does not control the water level in Post Pond.  He considered that the pond water level does not totally affect the ball field.
Dick elaborated on the water level issues between upper and lower Clay Brook dams.  He also pointed out that the Board had authorized the Pathways Consulting study of the ball field so that we might get a good estimate of the cost of renovation prior to town meeting.
Dina: the pond level affects the quality of the beach and recreation area.
Discussion between James and Peter regarding the decision or otherwise of the Conservation Commission to lower the level to 2ft.
Simon read the August 29 2006 email from DES setting out their position on Natural Mean High Water Level (NMHW) and that they were not ordering the regulation at any specific level.  Matt Stevens: nevertheless we have a town-approved water level policy.
Simon:  the main concern is the dams under Route 10 and in Trout Brook and how this is impacting the ball field water table.  Charles and Dick also emphasized their concerns over this area.
Doug Vogt: what is the state law on protection of beavers?  They can be trapped when affecting private property or public resources, but only by licensed trappers.
Scott Steffey: we should trap the beavers.  Lowering the water level is much cheaper than raising the ball field.
Tom Colgan: applauded the Board for taking these steps and following the consensus of town meeting.  However not enough had been done yet.
Tor Tosteson: is it legal to lower the water level to accommodate the ball field?
Dina asked the Conservation commission to revisit the water level policy.  Peter Mulvihill endorsed this: it’s time to really address the issue.
Tom Morrissey: the recommendation for a soccer field is a 1% drain from the crown to the sides or, if draining from one side to the other, 2% across the field. The problem is a lack of on-going maintenance and 4th July parking.  Considers that lowering the water level could involve the town in law suit(s).
Dick elaborated on the reason for setting 3ft in the Loch Lyme suit and the limits of a great pond.
Barbara Lynch: is the possibility of removing the beavers an option?
Doug Vogt: what is the extent of Trout Brook?  The Board is considering only the section from Route 10 to the outflow in Post Pond.  
Bob Coyle: If we removed the “Castor Masters” which then permitted water levels above 3ft could the dams be removed?  No, only back to the 3ft level.
Brett Taylor:  didn’t see where there was any balance being struck between the beavers and recreation.
Dick: the ball field is affected by rain and the lack of drainage.
Peter Mulvihill: according to Pathways, the cost of ball field renovation is directly linked to the pond water level.
James Graham: for the record that he was both a soccer parent and coach.
Michael Hinsey: there were too many beavers and that the initial purpose for creating the Chaffee was to preserve the Indian artifacts and not the beavers.
Dan Lynch: there was a growing frustration and a lack of common sense over the water level issues.
Tom Morrissey: there is the possibility of private funding or matching funds for some of the ball field work.
Various photographs were produced of the Clay Brook and Trout Brook Dams, together with photographs of the ball field following Monday’s rain, which are filed with the file copy of these minutes.
b.      Having had a full hearing from the public on the issues, the Board then discussed the steps to be taken and voted to undertake the following:
i.      Trout Brook:  The Board will authorize NH DOT and their agents to trap beavers and remove all impediments to natural flow of the brook, between Route 10 and Post Pond.
ii.     Clay Brook: the upper beaver dam will remain untouched with existing “Castor Master” in place.  Skip Lisle to be asked to insert an additional pipe in the lower dam.  This pipe to be 16” diameter, but Skip to be consulted on final determination of size.  Matt Stevens will contact Skip.
iii.    Ball Field: Pathways Consulting are already undertaking a study of remedial works for the ball field, preparatory to obtaining figures to take to town meeting.  The Board voted to support the funding proposal to be put to town meeting.
iv.     The Board asked the Conservation Commission to produce a long-term policy on beavers in the Trout Brook section of the Chaffee Wildlife Sanctuary and to review the Post Pond Water Release Policy.

3.      The Board voted, on behalf of the town, to accept the Conservation easement from David and Karen Keane.  The Board and Matt Stevens, as Conservation Commission chair, signed the easement.
4.      The following administrative matters were discussed and actions taken:
a.      The minutes and non-public session minutes for October 3 were approved with minor amendments.
b.      The manifest was approved and signed.
5.      Mike Hinsley came in to discuss the fire department issues:
a.      The new wireless tower installation:  He was aware of the issues and the shortfalls in the installation.  He will be arranging for to rectify these issues in the near future.
b.      Budget issues:
i.      The fire station needs better and safer power backup. He intends to install a replacement panel and a small backup generator.
ii.     EMPG and the state will provide a 50% matching grant for furniture and he intends to apply for this grant to replace the existing training room tables and chairs.
6.      Wally came in to discuss the Emergency Preparedness Plan and how it should be reviewed in the light of the April storm.
7.      Vickie Davis has resigned.  The Board accepted her resignation with regret and authorized Carole to arrange to place job advertisements in the Valley News, Manchester Union Leader and Town & City.  The closing date for applications to be November 30.  Conditions to be 40 hours/week with a pay range between $17 and $21/hour plus benefits.
8.      Town Offices:
a.      The lighting specialist had come in to gather information for a proposal for improved lighting
b.      Frank Bowles was still working on the vault shelving.
c.      The document trailer had been delivered and subsequently leveled by the highway department. It needed a ramp, which Dick will investigate.
d.      There was a discussion on the office reconfiguration.  Dina, Carole and Elise will prepare a revised proposal to be considered next week.
The Meeting adjourned at 10:45 AM.



Simon Carr
Recorder