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Conservation Commission 09/13/11
Conservation Commission
September 13, 2011
Approved October 11, 2011

Members Present: Katheryn Holmes, Chair; Chuck Crickman, Member; Bill Annable, Alternate.

Ms. Holmes called the meeting to order at 5:00 p.m.

Ms. Holmes appointed Mr. Annable as a voting member for this meeting.

ADMINISTRATIVE

Minutes
The Commission reviewed the minutes of August 9, 2011 and made corrections. Mr. Crickman made a motion to accept the minutes as corrected. Mr. Annable seconded the motion. All in favor.

INTENTS TO CUT
Ms. Holmes reported the following Application for Approval to Cut Living Trees/Saplings in the Waterfront Buffer Zone:

  • August 17, 2011 from C. Chapman Canaday, 315 Bay Point Road, Newbury, Tax Map/Lot # 6-183-473, for removal of four diseased trees (two birch trees and two hemlock trees) to reopen a view and allow air and light to reach surrounding trees.
WETLANDS/SHORELANDS
Ms. Holmes reviewed the following communications from the NH Department of Environmental Services (DES):

Permit By Notification (PBN)
  • August 31, 2011, to Jeffrey L. and Jane C. Eiras, 321 Winnacunnet Road, Hampton, NH 03842, a Minimum Impact Expedited Application for property located at 15 Baypoint Landing Road, Newbury, Tax Map/Lot # 07/069-476, to enclose project in a silt curtain as described in Wt.101.75, then to remove and replace the boathouse and supporting (2) cribs as defined in Wt. 101.65 with no change in size, dimension, location, configuration or type of construction. Should impact 32 lineal feet and 160 square feet. (Note: Deane Geddes reviewed and approved.)
Shoreland Impact Permit
  • August 9, 2011, to Kristen Moavenian, 19 Tyng Hill Road, Hollis, NH 03049, a Shoreland Impact Permit 2011-01749, for property located at 16 Echo Cove Road, Newbury, Tax Map/Lot # 016/653/010, to impact 1,760 square feet n order to construct a pervious patio, reduce a deck and add walkways.
Additional Letters From DES
  • August 18, 2011, to Ivor & Barbara Freeman, 434 Old Post Road, Newbury, Tax Map/Lot # 42-515-005, a Request for More Information regarding File # 2011-01753.
CONCOM COMPLIANCE LETTERS
Ms. Holmes reported that letters were sent from the Conservation Commission (ConCom) to the following recipients of DES permits reminding them of their responsibility to comply with Newbury’s Zoning Regulations and Building Permit Requirements as they proceed with their projects:

  • Kristen Moavenian, 19 Tyng Hill Road, Hollis, NH 03049, a Shoreland Impact Permit 2011-01749, for property located at 16 Echo Cove Road, Newbury, Tax Map/Lot # 016/653/010.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
COMMUNICATIONS
Ms. Holmes shared with the Commission the following letters:

  • Edwin Rehor, Jr., 47 Newbury Heights Road, Newbury submitted a letter stating his opposition to the proposed CAP/HUD Newbury Elderly Housing project and included a petition containing 75 signatures (73 Opposed and 2 In Favor).
  • Ralph Littlefield, executive director, Community Action Program (CAP) Belknap-Merrimack Counties, Inc., submitted a letter regarding the possibility of donating the abandoned railroad property on the site of the proposed CAP/HUD Newbury Elderly Housing project. The letter and attached draft agreement details the particulars involved regarding the proposed donation to the Town.
There was significant discussion concerning the above letters, the proposed CAP/HUD project and the requested CC Sign-off Sheet regarding the project’s final application before the Planning Board. Ms. Holmes noted that the project location is in a highly sensitive wildlife and wetland area. She indicated that a wetland scientist is needed to fully review the site and its suitability for a project of this size and impact.

OLD BUSINESS
The Commissioners discussed at length the CAP/HUD Newbury Elderly Housing project for low income individuals, referring to the final application that was submitted to the Planning Board.   

There was significant discussion about the potential runoff into the existing wetlands on the site and how much natural filtration a wetland can offer. There was discussion about the need for ongoing maintenance of the proposed rain gardens and porous concrete areas and added vegetation buffers.

Mr. Annable questioned who conducts the ongoing oversight regarding the above maintenance for the length of project, which, according to CAP, is 40 years.

Further discussion included examination of the final plans for the driveway location, test pits, detention pond(s), and the proximity of the parking lot to the existing wetlands. Additionally, discussion included the type of proposed septic system.

Commissioners examined the site location in reference to the Land & Wildlife Corridor Map, produced by E. Ann Poole, and noted that the site was located in unfragmented land and designated a wildlife haven.

Commissioners examined maps from the NCC’s Town of Newbury, New Hampshire Townwide Conservation Plan (March 2008) and Addendum to the Natural Resource Inventory (NRI) for the Town of Newbury (July 2007) and noted that the proposed site is located within the “highest ranked wildlife habitat”.

NEW BUSINESS
Ms. Holmes reported to the Commission that a public hearing has been noticed for September 27, 2011 at 4:30 p.m. at the Town Office to vote on using Conservation Commission funds to hire a wetland scientist to review the site of the proposed CAP/HUD Newbury Elderly Housing project.

The Commissioners discussed the process involved in hiring a wetland scientist, including submission from the candidate of a scope of services, qualifications, and professional fee. Ms. Holmes said she will research the matter and report back to the Commission.

Ms. Holmes reviewed a complaint received from Steve and Sue Russell, 360 Chalk Pond Road regarding a well digging project near a seasonal stream resulting in sediment travelling into Chalk Pond via a culvert. She raised concerns regarding whether a well permit requires an erosion control plan, a town permit, and whether violations are levied against the homeowner or well company – or both.  Ms. Holmes said she intends to contact the Planning Board to review the existing regulations concerning well digging and will report to the Commission at the next meeting.

Mr. Crickman made a motion to adjourn the meeting. Mr. Annable seconded the motion. All in favor.

The meeting adjourned at 6:43 p.m.

Respectfully submitted,

Meg Whittemore
Recording Secretary