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onservation Commission
January 10, 2012
Approved February 14, 2012
Members Present: Katheryn Holmes, Chair; Eric Unger, Vice-Chair; Chuck Crickman, Member; Bill Annable, Alternate.
Ms. Holmes called the meeting to order at 4:35 p.m.
ADMINISTRATIVE
Minutes
The Commission reviewed the minutes of December 13, 2011 and made no corrections. Mr. Crickman made a motion to accept the minutes as presented. Mr. Unger seconded the motion. All in favor.
Regulations Enforcement
There was discussion about who enforces the forestry regulations in town – the Code Enforcement Officer or the Board of Selectmen (BOS). There was discussion about who has oversight on enforcing other violations affecting the shoreland/forests, such as unapproved clear cutting.
Ms. Holmes suggested meeting with the BOS to discuss this issue and concern. The Commission agreed. Ms. Holmes said she will look into scheduling a meeting and keep the Commission informed of same.
Forestry Laws Workshop
Mr. Crickman and Mr. Unger discussed how road classifications affected forestry laws, namely how old logging roads and Class 6 roads fall under forestry laws.
Ms. Holmes read a thank you note from Karen Van Ett, UNH Cooperative Extension, for the town’s hosting, the meeting room, and the marketing and advertising efforts. Ms. Van Ett noted that 50 people attended and actively participated.
INTENTS TO CUT
Mr. Unger reported on the following Intents to Cut:
- December 2, 2011, from Roger W. Waitaker, 549 Gillingham Drive, Newbury, NH, Tax Map/Lot # 049-625-516, for 70,000 feet of white pine, 2,000 feet of hemlock, 35,000 feet of oak, 100 tons of hardwood & aspen, 75 tons of pine, 70 tons of hemlock, and 20 cords of fuel wood, by logger Van O. Webb, 524 Stagecoach road, Sunapee, NH 03782, telephone (603) 863-6493.
- December 2, 2011, from Marybeth Kozikowski, 29 Pardam Knoll Road, Miller Place, NY 11764, for property located at 331 Chalk Pond Road, Newbury, NH, a request to cut two living trees in the buffer zone, one (1) 23” circumference maple and one (1) 32” circumference fir. [Mr. Unger noted that removal of the two trees will not cause a shoreland violation.]
- December 6, 2011, from Peter V. Moore, 719 Little Sunapee Road, New London, NH 03257, for property located on Morse Lane, Newbury, NH, Tax Map/Lot # 034-092-064, for 12,000 feet of white pine, 12,000 feet of oak, 20 cords of hemlock, and 25 cords of fuel wood.
WETLANDS/SHORELANDS
Ms. Holmes reviewed the following communications from the NH Department of Environmental Services (DES):
Shoreland Impact Permits
- December 8, 2011, to Patricia/Peter Reynolds, 422 Back Ridge Way, Monclova, OH 43542, for property located at 129 Bay Point Road, Newbury, NH, Tax Map/Lot # 7A / 106, a Shoreland Impact Permit 2011-03020 to impact 1,795 square feet for the purpose of constructing a new shed, pervious patio and installing stormwater controls.
- December 21, 2011, to Jeffrey Estella, 19 High Street, Southborough, MA 01772, for property located at 6 Stoodley Road, Newbury, NH, Tax Map/Lot # 20 / 130, a Shoreland Impact Permit 2011-03108 to impact 9,600 square feet in order to raze existing house and build a larger house with a deck, driveway, septic system, and pathway toward the reference line.
Wetlands and Non-Site Specific Permit
- December 15, 2011, to John Greenwood, 49 Granite Street, Holliston, MA 01746, for property located at 48 Lake Avenue, Newbury, NH, Tax Map/Lot # 16A / 426, a Wetlands and Non-Site Specific Permit 2011-02632 to reduce an existing 4-foot by 36-foot seasonal dock to 4-foot by 32-feet in length and add a 4-foot by 4-foot section in a “L” shaped configuration on an average of 44 feet of frontage on Lake Sunapee, in Newbury.
CC NOTIFICATION LETTERS (Re DES Approval)
Notification letters were sent to the following:
- December 21, 2011, to Patricia/Peter Reynolds, 422 Back Ridge Way, Monclova, OH 43542, for property located at 129 Bay Point Road, Newbury, NH, Tax Map/Lot # 7A / 106, referencing Shoreland Impact Permit 2011-03020.
- January 9, 2012, to Jeffrey Estella, 19 High Street, Southborough, MA 01772, for property located at 6 Stoodley Road, Newbury, NH, Tax Map/Lot # 20 / 130, referencing Shoreland Impact Permit 2011-03108.
- January 9, 2012, to John Greenwood, 49 Granite Street, Holliston, MA 01746, for property located at 48 Lake Avenue, Newbury, NH, Tax Map/Lot # 16A / 426, referencing Wetlands and Non-Site Specific Permit 2011-02632.
COMMUNICATIONS
Ms. Holmes reported on a complaint she received regarding an apparent clear-cutting that occurred on Great Island. She said she and Mr. Unger will follow up on the complaint and report their findings to the Commission at the next meeting.
OLD BUSINESS
Wild Goose
Ms. Holmes reviewed the history of the Wild Goose Boat Ramp Project and updated the Commission on the current status of the case, noting a Motion for Summary Judgment is scheduled in January. She said town counsel has asked for her assistance in reviewing the history of the proposed project, which she has agreed to do. A public hearing on the issue will be scheduled (date to be announced) and Ms. Holmes said she will keep the Commission informed of same.
Mr. Crickman noted that the current issue of The Beacon carries an article detailing the history of the case.
CAP/HUD Newbury Elderly Housing Project
Ms. Holmes informed the Commission that the Planning Board at its December 20, 2011 meeting voted to approve the CAP/HUD Newbury elderly Housing Project with conditions. She added that there is still a pending appeal in play brought by abutters regarding two variances granted by the ZBA in January 2011.
NEW BUSINESS
Heller Major Subdivision Sign-Off Sheet
The Commission reviewed in depth the major subdivision application submitted to the Planning Board by Rheta Heller and signed off on the application.
Shoreland Water Quality Act Outreach
Ms. Holmes reviewed the outreach efforts being brought forth by the Lake Sunapee Protection Association (LSPA) to maintain the town’s stricter shoreland regulations in the face of the less stringent state law. She encouraged Commissioners to endorse the LSPA letter challenging the new legislation. The Commissioners unanimously agreed to endorse LSPA’s efforts in this area and authorized Ms. Holmes to send the LSPA a letter from ConComm stating the same.
Mr. Crickman questioned where to find the scientific data describing the vegetation filter factor, specifically how much vegetation does it take to ensure the purity of the lake water. There was discussion regarding the scientific data available on that issue versus the qualitative information used to make assumptions. Ms. Holmes suggested Mr. Crickman contact LSPA for help with locating the scientific data under discussion.
Legislation Aimed at Cutting Conservation Commissions
Ms. Holmes reviewed the current House bills aimed at cutting conservation commissions throughout the state – HB1512, HB1515, HB1545, HB1586, and HB1342. There was significant discussion about the content of the bills and what action may be taken to thwart them. Significant discussion followed.
Mr. Annable made a motion to authorize Ms. Holmes to write a letter of endorsement from the Commission in opposition to all five bills. Mr. Unger seconded the motion. All in favor.
Mr. Crickman made a motion to adjourn the meeting. Mr. Unger seconded the motion. All in favor.
The meeting adjourned at 6:13 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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