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Conservation Minutes 09/23/14
Newbury Conservation Commission (NCC)
September 23 2014
Approved October 14, 2014

Members Present: Katheryn Holmes, Chair; Eric Unger, Vice-Chair; Chuck Crickman,, Bob Stewart, Members; Bill Annable, Alternate;  Richard Wright, Ex-Officio.

Ms. Holmes called the meeting to order at 7:08 p.m.

ADMINISTRATIVE

Minutes
Ms. Holmes noted that the Recording Secretary has been delayed in completing the draft minutes due to additional responsibilities and that said minutes will be forthcoming at the NCC October meeting.

Great Island Septic Discussion
Ms. K. Holmes informed the Commissioners that the NCC has agreed to hear a presentation by Lindsay Holmes (no relation) regarding a septic issue that exists on Great Island. Ms. K Holmes noted that Ms. L. Holmes made similar presentations regarding this issue to the Board of Selectmen (BOS) on September 22, 2014 and on September 8, 2014. Ms. K. Holmes said that Ms. L. Holmes requested an audience with the NCC at tonight’s meeting and was granted same. Ms. K. Holmes told Commissioners that this issue is not within the jurisdiction of the NCC and that town counsel advised the BOS and the NCC that the issue surrounding the septic situation on Great Island is a civil matter and does not fall within the purview of either the BOS or the NCC. Further, town counsel advised that said issue falls under the jurisdiction of the NH DES since the issue surrounds a whole septic system on the island.

Ms. K. Holmes added that the residents of Great Island need to work out their differences amongst themselves. She added that the NCC cannot decide anything for the Great Island residents and noted that the current situation among the island residents is unfortunate.

However, she added, that as NCC chair, she feels it is important to allow all Newbury residents who have concerns an opportunity to voice them if they so desire, hence the scheduled agenda item regarding the septic discussion on Great Island.  

BUFFER ZONE CUTS
Ms. K. Holmes noted that there have been a relatively high number of Buffer Zone Cut applications following media coverage of her statement regarding how the town is serious about buffer zone cut regulations. She reviewed the applications for the following:
  • Jim Sadarsky, 289 Bowles Road, Newbury
  • Ann Louise Wolf, 304 Bowles Road, Newbury
  • Ron Wyman, 32 Great Island, Newbury
  • James Woods, 24 Great Island, Newbury
  • Nancy R. Kegerrels, 283 Bay Point Road, Newbury
  • Peter H. Buros, 142 Bowles Road, Newbury
  • Eric K. Scholl, 42 highland Avenue, Newbury
  • John & Kathleen Simko (Pierre J. Bedard, agent), 71 Pine cliff, Newbury
  • Robert Vail, 83 Malia Terrace, Newbury
There was general discussion regarding regulations governing the use of heavy machines near the water’s edge. Mr. Stewart said the state regulation forbids the use of heavy machinery for tree cutting within 50 feet of the shoreline.

Ms. K. Holmes told Commissioners that Dan Brezga, db Landscaping, was planning to wait until spring 2015 before commencing with his agreed-upon restoration plan for 83 Malia Terrace. Ms. K. Holmes said the Town Administrator contacted the property owner and the restoration will commence as scheduled.

INTENTS TO CUT
Mr. Unger and Ms. K. Holmes reported the following Intents to Cut:
  • Dan Wolf, Route 103A, Map/Lot # 027-768-546. Ms. Holmes noted that the proposed cut was well-marked in preparation for the logger.
SITE PLAN REVIEW/Planning Board
Ms. K. Holmes said she made a site visit to Baker Hill golf course to review the site plan review application submitted to the planning board for consideration. The application was to replace the current cart barn which directly abuts the road. The proposed plan will place the new cart barn 15-feet back from the road. She noted that the current application is for a cart barn that is half the size of the building originally proposed.

Ms. K. Holmes asked about the determination of the stone fences on the property. The recording secretary said the agents for Baker Hill indicated that one of the stone fences had historical significance and will be retained. The second fence was less than 67 years old.

WETLANDS/SHORELANDS
Ms. Holmes reviewed the following communications from the NH Department of Environmental Services (DES):

NH DES
  • PBN Application by Ron Williams, Bowles Road, Newbury, for dock repair.
  • Shoreland Application by Robert Coffin, 125 Bay Point Road, Newbury. Mr. Stewart described the proposed project noting that the owner agreed to a property-wide stormwater mitigation system including a Clean Solution septic and a reduction in impervious surface from 28% to 20%. He added that the property has recently been sold and he was not sure if the new owners will follow through on Mr. Coffin’s plans.
COMMUNICATIONS
Ms. K. Holmes invited Commissioners to consider attending the NH Association of Conservation Commissions upcoming conference on November 1, 2014 at Laconia Middle School, Laconia, NH. She noted the conference theme is “Inspiring Young Conservationists”. Contact information for registration was shared (www.nhacc.org).

Great Island Septic Discussion/Lindsay Holmes
Lindsay Holmes, 17 Great Island, Newbury, presented to the Commission and read into the record her prepared statement dated September 8, 2014 (attached). She also distributed to the Commissioners copies of her statement along with attached copies of additional correspondence and photographs. She reviewed her involvement in the Great Island Septic Association, her history as a resident and property owner on Great Island, and her belief that there are deficiencies in the current septic system on the island. She added that there seems to be a problem with keeping up with the septic system maintenance and added that she wants the system maintained as it should be.

Ms. K. Holmes noted that residency on Great Island is of a seasonal nature.

Lois Logan, 22 Great Island, Newbury, reviewed the Septic Association’s plans to pump the system and noted that access for the planned pumping was denied by another resident, Mr. Hoffmeister. She added that the access road to the septic is on Mr. Hoffmeister’s property. Ms. Logan said the Septic Association also tried to hire a security system for notification of system failures and Mr. Hoffmeister denied the access necessary for installation of said security system.

Discussion followed.

Ms. Logan said nine septic lines pass under the fence built by Mr. Hoffmeister. She added that it is impossible to guarantee the integrity of those nine lines because access to inspect those lines has been denied by Mr. Hoffmeister.

Ms. K. Holmes questioned whether the septic lines could be buried. Ms. Logan said the island is mostly ledge and having the lines aboveground enables people walking the island to spot a problem easily.

Ms. K. Holmes suggested that the residents contact NH DES to visit the island, review the situation, and propose a mediation. If those steps are rejected, then the residents must consider their next step.

Ms. Logan voiced skepticism regarding the willingness of Mr. Hoffmeister to work with the residents and reviewed the history of the relationship between Mr. Hoffmeister and the residents thus far. She added that all members of the Septic Association agree with Lindsay Holmes regarding ongoing system maintenance and new security measures. Ms. Logan added that Association members feel stonewalled in their efforts to effect maintenance and security strategies.

Discussion followed.   

Ron Wyman, 32 Great Island, Newbury, asked Ms. L. Holmes about the system inspection report done by Stearns Septic Service, Enfield, NH, specifically regarding the fact that it was not signed, which is standard practice. He added that when an engineer does a report it also includes his/her signature and stamp.


Tom McHugh, 17 Great Island, Newbury, cut off Mr. Wyman mid-sentence and stated, “Ron, we’re not here to answer your questions, please.”

Ms. K. Holmes noted that this kind of immediate defensiveness and lack of respect during open discussion is at the root of the problem. She added that Mr. McHugh’s comment exhibited a lack of respect for her, as NCC chair, and for every other member in the meeting, whereupon she concluded the agenda item titled “Lindsay Holmes -  Great island Septic Issue”.  

OLD BUSINESS

Trail Map Update
Chuck Crickman reviewed the status of the Trail Map update efforts. He showed Commissioners the proposed revised trail map, the changes, and the new layout. Discussion followed. Commissioners made suggestions for minor changes to the existing map and update material. Ms. K. Holmes thanked Mr. Crickman for his dedication to the project.

Rail Trail Letter/Poster
Ms. K. Holmes reviewed the draft letter to abutters of the proposed Rail Trail in Newbury inviting them to an open presentation of the project on October 28, 2014. Commissioners reviewed the letter and made no changes. The proposed poster was reviewed and a minor change was made.

Ms. K. Holmes suggested that Mr. Crickman be appointed as an advisor to a coalition that will be formed following the October 28th meeting with the intent that the coalition will move the project forward and report to the NCC. Commissioners agreed.

Andrew Brook Trail
Ms. K. Holmes told Commissioners that there may be possible changes to the proposed trail parking lot proposal due to recent developments concerning private property at the location. She noted that she will keep Commissioners informed.

NEW BUSINESS
Mr. Wright recommended that the NCC write a letter of support for the proposed West Bowl development at the Mount Sunapee Resort, noting that that the BOS has done so. He said the development is an economic boon to the town. Ms. K. Holmes said the BOS represents the NCC and she would rather wait and see what happens with the proposed project.

Mr. Unger made a motion to adjourn the meeting. Mr. Stewart seconded the motion. All in favor.
The meeting adjourned at 8:50 p.m.

Respectfully submitted,

Meg Whittemore
Recording Secretary