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Conservation Commission
June 8, 2010
Approved July 13, 2010
Members Present: Katheryn Holmes, Chair; Eric Unger, Vice-Chair; Bill Annable, Chuck Crickman, Suzanne Levine, Deane Geddes, Members; Dick Wright, ex-officio.
Ms. Holmes called the meeting to order at 4:40 p.m.
ADMINISTRATIVE
Minutes
The Commission reviewed the minutes of May 11, 2010 and made corrections. Ms. Levine made a motion to approve the minutes of May 11, 2010 as corrected. Mr. Crickman seconded the motion. All in favor.
The Commission reviewed the minutes of The Fells site visit of May 17, 2010 and made corrections. Mr. Unger made a motion to approve the minutes of The Fells site visit as corrected. Mr. Crickman seconded the motion. All in favor.
The Commission reviewed the meeting minutes of May 17, 2010 and made corrections. Ms. Levine made a motion to approve the meeting minutes of May 17, 2010 as corrected. Mr. Unger seconded the motion. All in favor.
INTENTS TO CUT
Mr. Unger reported the following Intents to Cut:
- May 14, 2010 from Bob & Inge Lee, P.O. Box 662, Newbury, NH, Tax Map/Lot # 25-176-403, for 8,000 feet of white pine on 16 acres, by Bradley Wheeler, logger/forester, P.O. Box 582, South Sutton, NH 03273.
Ms. Holmes asked if Mr. Unger made a site visit. Mr. Unger said, yes, and he did not see a problem with the cut.
- May 14, 2010 from Robert Rissolo, 28 Chalk Pond Road, Newbury, NH, Tax Map/Lot # 28-693-414, 20,000 feet of white pine on 19 ½ acres, by Bradley Wheeler, logger/forester, P.O. Box 582, South Sutton, NH 03273.
Mr. Unger said he made a site visit and did not see a problem with the cut.
Ms. Holmes asked Mr. Wright if the Selectmen make site visits when Intent to Cut applications are received. Mr. Wright said sometimes the Selectmen visit the site but if the Conservation Commission has made a site visit and signed off on the application, the Selectmen usually do not duplicate the Commission’s efforts.
Mr. Unger discussed a letter received from Albert Bachelder, 844 Mountain Road, Newbury (See Attachment A). The letter expressed Mr. Bachelder’s concerns regarding timber cutting on Lot 045-634-263 and the impact of same on the wintering habitat of deer herds.
Ms. Holmes suggested that the ordinance addressing deer’s wintering habitat should be reviewed. Mr. Wright said deer winter woods containing hemlock and/or spruce but not in white pine and noted that for the past three-to-four years the deer herds have not yarded up but instead have been on the move all winter long. He explained that when winters are harsh and food is hard to obtain, deer will yard up among hemlock and/or spruce trees and feed off the bark.
Ms. Holmes asked Mr. Unger if the above is a clear cut. Mr. Unger said he did not visit the site but since it is not a building lot, the property owner has a right to cut timber on the property and suggested send Mr. Bachelder a letter explaining the role of the Commission and acknowledging his concerns.
WETLANDS/SHORELANDS
Ms. Holmes reviewed the following communications from the NH Department of Environmental Services (DES) with the Commission:
- May 25, 2010 to Patrick & Suzanne Garvey, 24 Highland Avenue, Newbury, NH, Tax Map/Lot # 18 / 308.072, a letter acknowledging receipt of Shoreland Application # 2010-01287 stating that in accordance with RSA 483-B:5 V(a), the application states that no variance or redevelopment waiver is required.
- May 25, 2010 to Robert & Carol Vonette, P.O. Box 248, Newbury, NH, Tax Map/Lot # 40 / 387-088, a Complete Forestry Notification RE: File # 2010-01249 acknowledging receipt of “Notification of Forest Management or timber Harvest Activities Having minimum Wetlands Impact” form.
- May 26, 2010 to Ann Ryan, 105 Bay Point Road, Newbury, NH, Tax Map/Lot # 7A / 159-405, a Shoreland Impact Permit 2010-01205, described as: Impact 11,863 square feet for the purpose of expanding an existing garage, constructing new accessory structures and installing stormwater controls.
There was general discussion regarding the DES applications that the Commission is required to sign off on. Ms. Holmes said the Commission signs off on the DES Minimum Impact Expedited Applications only. Mr. Unger noted that when an individual applies for a DES Minimum Expedited Application for timber harvesting in wetlands, an Intent to Cut application is the first step. He said the Commission never received an Intent to Cut application from Robert & Carol Vonette.
Mr. Wright reviewed the Vonette’s DES Complete Forestry Notification and suggested that the Vonettes may not intend a timber harvest but suggested that they may have filed a forest management plan which may contain a plan for future cutting.
There was general discussion regarding the Intent to Cut applications, best practices, wetland impact, and navigating the DES website.
COMMUNICATIONS
Ms. Holmes informed the Commission of two upcoming lectures on June 29, 2010:
- Mr. Wright is presenting a lecture titled “Landscaping at the Water’s Edge” sponsored by the Lake Sunapee Protective Association (LSPA).
- The Merrimack County Conservation District (MCCD) is sponsoring a lecture titled “Life Above the Notches: Accent on Geology, Wildlife and Natives” presented by John Harrigan at Musterfield Farms, North Sutton, NH.
OLD BUSINESS
The Fells Dock Update
Ms. Holmes reviewed the status of The Fells Dock DES permit and the Lake Sunapee Rowing Club. She summarized the Commission’s procedures as follows:
- Meeting with Nancy and Harvey Cohen, abutters, at the regularly scheduled Commission meeting on May 11, 2010.
- Site visit at The Fells and meeting with Karen Zurheide, executive director, on May 17, 2010.
- Commission meeting to formulate response on May 17, 2010.
- Letters sent from the Commission to the Cohens and Ms. Zurheide detailing the Commission’s concerns regarding the proposed seasonal dock at The Fells and the DES permit regarding same.
- Telephone meeting with DES regarding issues and concerns with two items contained in the DES permit.
- Receipt of letter of concern from the LSPA concerning the proposed seasonal dock.
Ms. Holmes noted that the Rowing Club has since notified The Fells that the Club’s base of operations this year will be from Georges Mills.
There was general discussion regarding the members on The Fells’ Ad Hoc Committee to explore the shoreland policy of The Fells.
There was general discussion regarding the complexities of installing a seasonal and/or floating dock on Lake Sunapee.
Ms. Holmes reminded the Commission that, as private citizens, they may write to DES expressing their concerns and referenced the letter sent to DES by Mr. Annable dated May 21, 2010 in which he expressed specific arguments concerning the Des permit given to The Fells for a seasonal dock.
Ms. Holmes read the letter sent from the Commission to the Cohens in response to the latter’s concerns (See Attachment B).
There was general discussion about loons on Lake Sunapee, their nesting areas, daily habits, sightings, and concerns for their survival.
Mr. Crickman reviewed with the Commission the history of the property deeds pertaining to The Fells and the Commission discussed the overall history of The Fells and the John Hay Wildlife Refuge. The deeds are listed as follows:
- December 11, 1972, an Indenture between Alice Appleton Hay, Grantor, and The United States of America, Grantee. (Merrimack County Records, Book 1156, Page 345)
- March 3, 2008, a Quitclaim Deed between The United States of America, Grantor, and the New Hampshire Audubon Society, Grantee. (Merrimack County Records, Document # 7047 53, Book 3055, Pages 0094-0103)
- March 25, 2008, a Preservation and Conservation Easement Deed between the New Hampshire Audubon Society, Grantor, and the State of New Hampshire Division of Historical Resources, Grantee. (Merrimack County Records, Document # 704754, Book 3055, Pages 0104-0116)
- March 25, 2008, a Quitclaim Deed between the Audubon Society of New Hampshire for consideration paid grants to The Fells with Quitclaim Covenants. (Merrimack County Records, Document # 704755, Book 3055, Pages 0117-0126)
Mr. Crickman said that, following extensive research into the deeds there remain questions regarding the status of The Fells as a bird sanctuary. Mr. Crickman said he will make copies of the deeds for filing within the Commission’s documents.
Concerned Citizen Complaint Letters
The Commission discussed the process involved when a concerned citizen sends a letter of complaint to the Commission. Mr. Wright said complaint letters received by the Board of Selectmen (BOS) require a name so the BOS know to whom to reply. Ms. Holmes questioned that requirement saying it threatens the confidentiality of the sender and may inhibit citizens from surfacing legitimate concerns. There was general discussion about developing a method to protect the confidentiality of the sender.
Tree Cutting Application
Mr. Crickman invited input on the updated draft tree cutting applications he wrote. The Commission made suggestions and agreed that the BOS should also review the drafts. Ms. Holmes asked the Commission to email their thoughts to Mr. Crickman before the next meeting.
Letter to Applicants
The Commission discussed the feasibility of sending form letters from the Commission to DES applicants as an informational outreach effort to offer the applicants information on the various issues and concerns surrounding their applications. The intent of such letters is to build an educational platform on environmental concerns within the community and would include information such as the NH Best practices regarding timber harvesting, the Shoreland Protection Act, etc. Mr. Unger said, since the Commission has no enforcement authority, it is not necessary to write to the applicants. The Commission agreed to consider the possibility and discuss it at its next meeting.
NEW BUSINESS
Site Review Procedures
Ms. Holmes proposed to the Commission that an amended policy be put in place which requires more than one person (preferably the entire Commission) regularly make site visits for all DES applications received by the Commission. She noted that the Commission should take a more active role within the community as the “eyes and ears” of DES on site. Mr. Geddes agreed, saying that it is always good to have another set of eyes looking at the projects in question.
New England Handicap Sports Association (NEHSA)
Ms. Holmes shared with the Commission the letter of concern sent to NEHSA from the LSPA regarding the proposed NEHSA project at Mt. Sunapee. (See Attachment C). there was general discussion regarding the project, its impact on Mt. Sunapee and the lake, its proximity to Beck Brook, the financial constraints surrounding the project, the alterations to the original plans and the proposed retaining walls and subsurface drainage. Ms. Holmes recommended that the Commissioners make a site visit.
Mr. Geddes made a motion to adjourn the meeting. Mr. Unger seconded the motion. All in favor.
The meeting adjourned at 6:40 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
Attachment A
March 26, 2010
To: Katheryn Holmes
Chair, Conservation Commission
P.O. Box 2233
Newbury, NH 03255
From: Albert Bachelder
77 Forest Brook Road
Newbury, NH 03255
Dear Eric,
This is just a note to let you know how disappointed I am to learn that the Conservation Commission approved on 2/7/2010 timber cutting on a substantial portion of Lot 045-634-263 off Forest Brook Road (access actually being gained from Ridgeway). The approval further recognized “relative high volume to be harvested”. With white pines, the subject of the cut in high portion, it seems likely the result will resemble a clear cut. The area and its surroundings are major deer wintering grounds and thoroughfare. The cutting will certainly adversely impact the herd which already has a difficult time surviving the snow and cold weather.
Attempts are made throughout the zoning ordinance to protect deer wintering areas, so apparently, I had mistakenly expected the Conservation Commission would also be showing especially high regard for these areas when approving timber cutting. There appears to be no building, sub division, or site plan applications for this lot on the books at this time that would automatically invoke the deer wintering provisions for the zoning ordinance. Consequently, in my view, it seems especially important that the Conservation Commission consider such areas before granting timber cutting permits. Once deer wintering areas have been destroyed, it is then too late for zoning ordinance provisions to be effective.
Thank you for your attention,
Albert Bachelder
Copy to: Eric Unger
Vice Chair, Conservation Commission
844 Mountain Road
Newbury, NH 03255
Attachment B
Newbury Conservation Commission
Box 296
Newbury, NH 03255
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June 2, 2010
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Dear Nancy and Harvey Cohen,
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The Newbury Conservation Commission is contacting you concerning your recent meeting with the Commission on May 11, 2010. At the meeting you presented and discussed with
us your concerns on the DES Wetlands and Non-Site Specific Permit 2009-02034 to The Fells to install a 5 ft. x 40 ft. seasonal dock accessed by a 5 ft. x 10 ft. seasonal dock in a “L” shaped configuration on Lake Sunapee in Newbury.
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As you may know, the Newbury Conservation Commission acts as an advisory board whose mission is to protect the environment while offering property owners educational support in the areas of environmental policy and concerns. It is in that spirit that we are contacting you.
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The Conservation Commission, on May 17, 2010 had a site review at The Fells. The Director of The Fells, Karen Zurheide, met with us and~took us down to the water's edge to look at the intended site for the dock. Our group was certainly taken by the
beauty and wildness there. After our site visit we returned to the Town Offices for a meeting to discuss our concerns. The Minutes of the meeting(s) will be available on our Town website (www.newburynh.org) after June 8, 2010, for your review. However, here is an overview of the action taken:
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- All members voted to oppose the permit, however, we felt it was more constructive to work with The Fells and not make a formal appeal. A letter was written to The Fells.
- A decision was made to contact DES to clarify the conditions given and to ascertain why a site review from a~DES representative did not occur.
- Karen Zurheide called the chair of the Newbury Conservation Commission to say no action, at this time, will be taken on the permit to build the dock. The Fells has appointed an "ad hoc committee" to address and create their policy concerning the shoreline. The committee is meeting in mid June. She also said that the Rowing Club was actively searching for a more compatible venue for the club.
- The Conservation Commission was~later notified that the Lake Sunapee Rowing Club will be rowing out of George's Mills this summer, which is a more conducive site for their activities.
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It is our recommendation that you take pictures of Loons or other critical wildlife to support a "do nothing" policy on the shore land and note the impact of boat activity in the area.
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Thank you for bringing this important issue to our attention. Please keep us informed on your appeal to DES.
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Kind Regards,
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Katheryn C. Holmes, Chair
Newbury Conservation Commission
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cc:
Newbury Selectmen
Newbury Planning Board
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Attachment C
On May 24th, Robert Wood, Charlie Hirshberg and I met with Mr. Johnson,
Pres. Of NESHA, along with NESHA's ED Tom Kersey, and one other person,
who had a technical background. J. Gamble from MSR also attended.
~
We applauded them on their mission, but stated that we had some concerns
about the project, in terms of its potential effects on Lake Sunapee.~ A
few days prior to the meeting the attached updated plans were given to
LSPA. (See attached.)
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We had a list of items of concern that C. Hirschberg put together after
he looked at the design for LSPA. (See attached Facility comments)
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The very steep slopes behind the building are a major concern. The
project will be cutting into the hillside 30 feet deep and create
near-vertical walls (see retaining wall attachment). Much absorptive
natural material will be taken away, with impervious surface and
engineered drainage (mostly surface type) will be constructed in its
place. Some questions are: how much additional flow will go into the
brooks, and what will the quantity and quality of the water be. Beck
Brook is already handling more flow from parking lots and impervious
surfaces; after this project, it will have to handle more.
~
The meeting was cordial, we stated our concerns, reflecting on the
engineering expertise we brought with us.
They are aware of the concerns, and may have some of their own--cost,
maintenance, longevity of the walls, etc.
We thanked them for meeting with us, after all, we are not an
authoritative body-just a Lake Association.
~
I honestly do not know what changes they might be considering, if any.
They have put a lot of engineering time into fitting this project onto
the site. I believe they must meet with Newbury's Planning Board before going ahead with the project. As far as I know they have received state approvals (amazing that AOT approved the near-vertical retaining walls.)
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~I would recommend that anyone connected with reviewing or opining about
the project, go onsite and walk the land, taking a copy of the plan with
them.
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Best regards, June Fichter
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