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Conservation Commission
August 9, 2011
Approved September 13, 2011
Members Present: Katheryn Holmes, Chair; Eric Unger, Vice-Chair; Chuck Crickman, Members; Bill Annable, Alternates; Dick Wright, Ex-Officio.
Ms. Holmes called the meeting to order at 4:40 p.m.
ADMINISTRATIVE
Minutes
The Commission reviewed the minutes of July 12, 2011 and made corrections. Mr. Wright made a motion to accept the minutes as corrected. Mr. Unger seconded the motion. All in favor.
There was discussion about the potential of converting the old railroad (RR) bed into a pedestrian path and, in the process, creating an emergency secondary access to the proposed Newbury Elderly Housing project.
INTENTS TO CUT
Mr. Unger reported that site visits were conducted on the following Intents to Cut:
- July 28, 2011 from Scott B. Hill, Box 13, South Newbury, NH, Tax Map/Lot # 026-098-137, for 20,000 feet of white pine.
- July 28, 2011, from Sherry Hill, Box 263, Bradford, NH, Tax Map/Lot # 044-595-056, for 30,000 feet of white pine, 1,000 feet of hard maple, and 20,000 feet of oak, by logger Scott B. Hill, Box 13, South Newbury, NH, telephone (603) 496-8046.
- From Scott Falvey, manager, Briott LLC, 1153 South Road, Hopkington, NH, for property located on South Gate Road, Tax Map/Lot # 051-694-483, for 200,000 feet of white pine, 40,000 feet of hemlock, 30,000 feet of red pine, 5,000 feet of spruce & fir, 5,000 feet of hard maple, 10,000 feet of white birch, 10,000 feet of yellow birch, 80,000 feet of oak, 10,000 feet of ash, 10,000 feet of beech & soft maple, and 80,000 feet of pallet or tie logs, by logger Robert W. Graves III, P.O. Box 487, Northwood, NH 03261, telephone (603) 988-8046.
PUBLIC PRESENTATION
Proposed CAP/HUD Newbury Elderly Housing Project Environmental Concerns
Barbara Lawnicki, 15 Newbury Heights Road, Newbury, presented to the Conservation Commission (CC). She thanked the Commissioners for the opportunity to present information and concerns to the CC regarding the proposed CAP/HUD project.
She said she researched CC final meeting minutes and highlighted the following points:
- The CC mission is to strive to preserve and conserve the land in the face of ongoing pressure to develop, and to increase human access to undeveloped land.
- The proposed project location is in a precious natural wildlife area.
- The proposed project location is in a watershed area that feeds into Lake Sunapee.
Ms. Lawnicki reviewed the proposed project to date noting that bigger buildings mean bigger carbon footprint. She said a bigger building means a bigger impact on the lake and the land. She said Newbury was granted 17 units by HUD originally and that number was doubled by CAP resulting in a two story 34-unit apartment building.
According to research from the website, www.citydata.com, and the Town’s Annual Report, Ms. Lawnicki stated that Newbury had a population of 2,075 in 2009 and a 1.7% poverty level, resulting in a total of 35 persons who were considered at or below the federal poverty level.
Mr. Wright questioned the use of the term low income housing, saying it was his understanding that this project was elderly housing. The recording secretary noted that the Newbury Elderly Housing project application is described as a CAP/HUD low income housing project for the elderly. Ms. Lawnicki referenced the HUD website for clarification. She noted that the website indicates that there is no indication that the project must remain a low income housing project for the elderly. She cited other projects originally built for low income elderly that have not remained for the elderly.
Ms. Holmes said there has been continuing confusion surrounding exactly who this proposed housing project is for – low income elderly, Newbury elderly, Newbury low income elderly, former Newbury elderly residents, or low income residents from outside Newbury. She added that this project has been – and continues to be – reviewed by the land use boards according to the regulations governing land use in the Town of Newbury.
Ms. Lawnicki referenced past CC meeting final minutes, citing the initial letter from LSPA concerning the proposed project and the CC’s concerns about stormwater runoff and the tendency for such runoff to carry salt and sediments into streams and lakes, directly depositing phosphorous and other damaging elements directly into the water. Such deposits affect aquatic life and literally kill a lake or stream, over time.
She described the project location as sitting in the watershed and crossing the wetlands.
She questioned the adequacy of the proposed rain garden to handle the runoff from the project’s 2,000 square foot roof. Mr. Annable said the plan included two rain gardens.
There was discussion concerning the number of culverts on the proposed plan.
Ms. Lawnicki questioned the long term effect on the watershed and wetlands from this project, specifically if the rain gardens fail. (See Attachment, “USDA Rain Gardens”)
Mr. Wright noted that the plan indicated that at least one of the rain gardens flowed into at least one of the two proposed retention ponds.
There was discussion about the difference between the plan “on paper” and the short and long term realities of the project on the watershed and wetlands, including the need to maintain rain gardens and porous concrete surfaces. Ms. Lawnicki noted that CAP has never addressed the maintenance issue regarding the various water retention proposals in the plan.
Ms. Lawnicki cited the proposed geothermal heating unit and questioned whether this has ever been tested for use in a wetlands area.
She noted that there is deceptive information regarding the extent of project oversight granted to the volunteer board of directors once the project is completed. She said this is HUD funded project and all oversight concerning the ongoing administration of this project will be controlled by HUD, not by a volunteer board of directors.
Ms. Lawnicki said there is no written guarantee that CAP/HUD will maintain the property at a level needed to protect the lake and the surrounding areas. She cited the Planning Board meeting on April 20, 2011 in which Ralph Littlefield, executive director of the Merrimack Belknap Counties Community Action Program (CAP), stated that HUD money only pays for on-site construction. Ms. Lawnicki said maintenance of the rain gardens translates into maintenance of the lake and questioned who is going to pay for that. She cited the aforementioned USDA document on rain gardens which states that improperly maintained rain gardens will fail.
Mr. Wright said the Town will not be responsible for maintaining the rain gardens because this is private property.
There was further discussion about the project’s planned use of porous concrete and the necessity for ongoing maintenance of same.
Ms. Lawnicki cited the documented presence of the protected wood turtle and presented her reporting of same to the NH Reptile and Amphibian Reporting Program (See Attachment).
There was discussion concerning the presence of loons at the Newbury Harbor dock and elsewhere around Lake Sunapee.
Ms. Lawnicki added that the proposed building site for this project is also a deer wintering area and a roosting area for wild turkeys. She added that in a recent survey, 60% of Newbury residents have already expressed their opposition to a two story building in town.
Ms. Holmes referenced a letter dated August 8, 2011, received from Robert T. Wood, associate director & watershed steward, Lake Sunapee Protective Association (LSPA). (See Attachment)
The LSPA letter contains clarifications/corrections of “miscommunication and/or misinterpretation” of LSPA’s informational input to the Newbury Elderly Housing Project proposal, as requested by the applicant, during the initial stages of the project proposal. Mr. Wood clarifies LSPA’s original input and corrects the applicant’s subsequent use/interpretation of the information.
Ms. Holmes reminded interested parties to submit their concerns in a written letter format and not as an email.
Additional public input included the following:
- Cynthia Trudeau, Bell Cove Road, expressed her support of Ms. Lawnicki’s comments.
- Sue Ellen Stark, 25 Lakeview Avenue, expressed her concerns about the ecological impact of this project.
- Daryl Mooney, 26 Lakeview Avenue, expressed her concern on the impact to the wildlife and stated her support for denying this project at this location.
- Rodney Zukowski, 15 Newbury Heights Road, questioned the proposed use of porous concrete in light of the fact that David Eckman, project engineer, stated he was aware of the maintenance issue surrounding same. Mr. Zukowski also questioned what happens to the maintenance of the property after the one year contractual agreement is fulfilled by CAP/HUD. Additionally, he questioned the project’s “payment in lieu of taxes”, noting the Town will not receive enough tax revenue under that arrangement.
- Carol Rehor, 47 Newbury Heights Road, asked about the status of the Wild Goose Boat Ramp project. Mr. Wright said it remains in litigation.
Ms. Holmes reviewed the Conservation Commission’s role as an advisory entity to the Town’s land use boards. She added the CC can only make recommendations to the Planning Board.
Ms. Holmes noted that letters of concern were received from Audree Byrnes and Cynthia J. Trudeau concerning this project. (Note: The original letters are contained as Attachments to the final minutes and placed in the final minutes binder.)
The Commission thanked Ms. Lawnicki for her time and informational presentation.
WETLANDS/SHORELANDS
Ms. Holmes reviewed the following communications from the NH Department of Environmental Services (DES):
Shoreland Impact Permit
- July 28, 2011, to David & Mary Blohm, 12 Rambling Road, Sudbury, MA, a Shoreland Impact Permit #2011-01547 (with conditions), for property located at 195 Bay Point Road, Newbury, Tax Map/Lot # 06/081-105, to impact 14,883 square feet for the purpose of constructing a new residential dwelling and associated accessory structures and installing stormwater controls.
Minimum Impact Expedited Application
- From Ivor & Barbara Freeman, 434 Old Post Road, Newbury, NH, Tax Map/Lot # 42/515-005, a Minimum Impact Expedited Application, to dredge sediments deposited in a small basin and at the mouth of a man-made pond, to replace abutments of a footpath bridge and to stabilize two areas of stream bank where the abutments were located.
- July 28, 2011, from Red House Trust, c/o Cathy M. Kennedy et.al., P.O. Box 2005, New London, NH, a Minimum Impact Expedited Application for property located at 206 Bowles Road, Newbury, Tax Map/Lot # 16/571-058, to install a 6 foot x 40 foot seasonal float dock on 293 feet of frontage with no other structures on it.
- August 2, 2011, from Bellavance Revocable Trust AR, 39 Walden Pond Drive, Nashua, NH, a Minimum Impact Expedited Application for property located at 155 Bay Point Road, Newbury, Tax Map/Lot # 07/057-522, to replace 6 foot x 6 foot stone filled crib which supports the northern corner of boathouse with no change in size, dimension, location or construction and to reset the stones supporting the southern side of boathouse, with an impact of 12 feet of shoreland and 36 square feet under the crib.
Additional Wetland Letters
- July 18, 2011, to CLD Consulting Engineers, Inc., 16 Hemlock Ridge Drive, Suite 103, White River Junction, VT 05001, for property located at 115 Bay Point Road, Newbury, Tax Map/Lot # 7A / 417, a request for more information regarding a Shoreland Permit application, File # 2011-01375, noting that the project proposes impacts to natural woodland buffer beyond the limitation established within RSA 483-B:9, V(b)(2)(a).
- July 20, 2011, to Tim Britton, Cleveland Waters & Bass, 2 Capital Plaza, Concord, NH, a letter indicating a continuing review, of a Request for Reconsideration regarding approval for Permit # 2010-3364, Wetlands Bureau File # 2010-03364, for property located at 25 Lake Avenue, Newbury.
- July 20, 2011, to Timothy G. Sheedy, Esq., Tarbell & Brodich, PA, 45 Centre Street, Concord, NH, a decision to reaffirm issuance of Permit # 2010-03364 – Tax Map/Lot # 16A / 471; Block 366, with conditions, in response to a Request for Reconsideration. Applicant is Landing Boat Club (LBC).
- July 22, 2011, to Newbury Municipal Clerk, a Notice of Acceptance of Permit Application, Land Resources Management, for Shoreland Program Permit Application File # 2011-01749, 16 Echo Cove Road, Newbury, Tax Map/Lot # 016/653-010.
- July 22, 2011, to Newbury Municipal Clerk, a Notice of Acceptance of Permit Application, Land Resources Management, for Shoreland Program Permit Application File # 2011-01753, 414 Old Post Road, Newbury, Tax Map/Lot # 42/515-005.
- August 2, 2011, to Craig A. Sweitzer, 231 Butler Road, Monson, MA, a Wetlands and Non-Site Specific Permit # 2011-01633 (with conditions), for property located at 32 Highland Avenue, Newbury, Tax Map/Lot # 18/309-096, to impact 3,400 square feet for the purpose of constructing/relocating 2040 square feet of driveway and associated stormwater management controls (infiltration trenches), revegetating 1120 square feet of existing driveway, demolishing two housing structures and revegetating the former house locations.
- August 4, 2011, to Jason & Heidi Saghir, 66 Cutler Farm Road, Sudbury, MA, a Shoreland Impact Permit # 2011-01375 (with conditions), for property located at 115 Bay Point Road, Newbury, Tax Map/Lot # 7A/417, to impact 15,315 square feet for the purpose of constructing a new, conforming residential dwelling, associated accessory structures and installing a new septic system.
Mr. Wright made a motion to adjourn the meeting. Mr. Unger seconded the motion. All in favor.
The meeting adjourned at 6:20 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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