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Conservation Commission Meeting 3/14/06

NEWBURY CONSERVATION COMMISSION
Meeting Minutes March 14, 2006


Present: William Weiler, Deane Geddes, Frank Perrotta, William Annable

Minutes: Feb. 14 regular meeting, and Feb. 28 and March 9 special meetings approved as read; March 14 special meeting approved as amended.

Intents to Cut: None

Wetlands:
1.      Thomas and Lisa Knott, 103 Grace Hill Road, Tax Map 15, Lot 317-147. Filed a standard dredge and fill application to remove existing seasonal watercraft facilities and replace with a permanent dock. The new dock would reduce the surface area by 25.66 feet and require driving 8 pilings.
2.      Bly Hill Landing Homeowners Assn, Route 103A, Tax Map 19, Lot 128-202. An abutter to the south has objected to a dock and mooring facilities expansion plan approved by the N.H. Wetlands Bureau. Joseph Winn of Lexington, Mass., says the new surface area would exceed the existing construction area over public submerged land. Also, there would be more boat slips and not fewer. And additional moorings would create hazardous congestion on the water. Winn asked the bureau to reconsider its approval.

Communications:
1.      Rep. Frank Tupper and others. Further communication regarding HB 1495, to establish a 1,500-foot buffer from major rivers when placing new landfills.
2.      Focus Tamworth. A local support group requests support in the case of Motor Sports Holdings LLC, which is planning a racing facility in Tamworth. At issue is the ability of a local community to enact zoning regulations that are more stringent than federal and state regulations. A Superior Court decision has supported this position, but the track group has petitioned the state Supreme Court to overturn the ruling. Both the N.H. Municipal Assn. and the N.H. Association of Conservation Commissions have filed briefs supporting the local community’s rights in the case. After discussion, the Newbury Conservation Commission decided the case is an important local control issue and voted to authorize Weiler to write the court in support of the NHMA and the NHACC briefs by the March 29 deadline.

Old Business:   
1.      Conservation Plan. In view of the apparent resignation of Victoria Boundy of the UVLSRPC, Weiler said the commission should wait a few weeks and then seek the advice of Executive Director Tara Bamford as to how to proceed. Boundy had offered the regional group’s assistance in the Newbury commission’s preparation of the plan.
2.      Cheney Road Arch Culvert. The construction plan is proceeding according to the original proposal, after some negotiation between the DES, NH Fish & Game and the Town of Newbury.
3.      Town Forest. Weiler said he had identified several state statutes pertaining to town forests. He said the Conservation Commission could manage a town forest, if Town Meeting approves.  The town may raise funds for establishing a town forest. Proceeds from logging can be placed in a maintenance fund for improvements. An annual town forest report is to be included in the annual town report. The commission decided to meet in April with Selectman Richard Wright, who has proposed creating a Conservation Commission-managed town forest in the non-recreational acreage of the town’s Fishersfield Park on Old Post Road. Weiler said the commission needed to establish a boundary line between the recreation area and the proposed town forest. Subsequently, the commission will meet with all the selectman about the proposal. Discussion was held about when to begin work on a management plan for the forest. Weiler, Annable and Perrotta said the commission should wait for Town Meeting approval of the plan, since funds would have to be expended. Geddes thought no time should be lost, given the amount of work that had to be done. Weiler said he would be uncomfortable, from a fiduciary point of view, spending Conservation Commission funds before the plan was approved at Town Meeting. He said the selectmen should pay for a new map showing the proposed Town Forest boundary.

New Business:
1.      Access to private land. Weiler said RSA 501.01, D, 2 allows Conservation Commission officials access to private lands once the owner signs an application seeking permission for a regulated activity. The law authorizes inspection of the proposed project.
2.      Conservation program. Weiler said UNH Cooperative Extension and the Society for the Protection of N.H. Forest are offering a one-hour program, The Dollars and Sense of Saving Special Places. The program features slides and handouts that conservation and municipal groups can use to build local awareness and support for land conservation. He said the program would be a good way for the commission to fulfill its education mandate.
3.      CC newsletter. Weiler asked Perrotta if he was interested in doing a “newsletter-handbook” explaining for residents how a conservation commission operates. Perrotta said he would think about it.

Adjourned: Moved Perrotta, seconded Annable, 9:30 p.m.

Next Meeting:  April 11 at 7:30 p.m., Municipal Meeting Room

Prepared by: Frank Perrotta