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Conservation Minuutes 11/11/14
Newbury Conservation Commission (NCC)
November 11, 2014
Approved January 13, 2015

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

Ms. Holmes called the meeting to order at 7:01 p.m.
Ms. Holmes welcomed Sue Russell who was in attendance in anticipation of possible joining the NCC.

ADMINISTRATIVE

Minutes
The NCC reviewed the minutes of October 14, 2014 and made no corrections. Mr. Unger made a motion to accept the minutes as presented. Mr. Wright seconded the motion. All in favor.

Rail Trail
There was general discussion regarding the proposed Rail Trail and the informational meeting that was held at the Town Offices on October 28, 2014.

Mr. Wright said the Board of Selectmen decided not to pursue the Rail Trail as a town project and added that the Town is not officially engaged in any efforts to make the project a reality. He added that all the proposed Rail Trail property through Newbury is privately owned and that individual property owner rights shall prevail. He said any further Rail Trail development must come from the property owners.

There was further general discussion on the topic.

Mr. Crickman noted that there are ways to protect the rights of the property owners and still move forward with the project, adding that barriers could be erected to keep out snowmobiles. Also, he stated that ongoing discussions between the property owners and the Rail Trail committee could be beneficial.

Mr. Wright noted that if such discussions occur, they are not endorsed by the Town.

Ms. Holmes thanked Mr. Crickman for his hard work on the project and added that, for the foreseeable future, the Rail Trails project is dead in Newbury.

Mr. Unger made a motion to discontinue NCC’s involvement with the Rail Trails project. Mr. Wright seconded the motion. Ms. Holmes called for a Roll Call vote:
In Favor: Ms. Holmes, Mr. Annable, Mr. Unger, Mr. Wright
Opposed: Mr. Crickman, Bob Stewart (write-in vote)

The motion carried.

Ms. Holmes recognized Shannon Perry, Southgate resident. Ms. Perry cited Article 39 in the Southgate covenants which covers properties not listed as common ground. She noted that the proposed Rail Trail route would violate the covenant. Also, she added that she was opposed to the trail. She said she appreciated the NCC’s and the BOS’ views and decisions regarding the proposed project.

Jason Perry asked if the Rail Trail committee could still be allowed to approach the property owners in Southgate. Mr. Wright said yes, the group has a right to do that but the property owners have the right to say “no”.

There was further discussion about whether the project could be considered if snowmobiles were banned. The Perrys and Ken Dustin, Southgate property owner, cited numerous examples of increased public presence, trash and unwelcomed access to their properties.

INTENT TO CUT
Ms. Holmes reviewed the following Intent to Cut:
  • October 29, 2014, Marc Moran, Hopewell Farm, 3 South Road, Newbury, for 5,000 feet of white pine, 5,000 feet of hemlock, and 20,000 feet of cordwood and fuelwood.
BUFFER ZONE CUT
Ms. Holmes reported the following Buffer Zone Cuts:
  • Robert Coffin, 9 Bay Point Landing Road, live trees.
  • Robert Coffin, 9 Bay Point Landing Road, dead trees.
  • Thomas Hill, 203 Bay Point Road, dead trees.
WETLANDS/SHORELANDS
Ms. Holmes reviewed the following communication from the NH Department of Environmental Services (DES):

Shoreland Impact Permit
  • September 30, 2014, to Brett J. Dobens, 67 Richardson Road, Hollis, NH, for property located at 24 Highland Avenue, Newbury, NH, Tax Map/Lot 18/308-072, to permit the following: impact 10,000 square feet in order to demolish existing dwelling and construct a new 3-bedroom home and garage with new sewer, buried water and electrical utilities.
  • October 23, 2014, to John/Nancy Girald, P.O. Box 11, Newbury, for property located at 199 Bay Point Road, Newbury, NH, Tax Map/Lot 6/085-117, to permit the following: impact 2,089 square feet in order to construct a detached garage and walkway.
Request for More Information
  • October 17, 2014, to Elizabeth/Steve Bailey, 12 Blodgett Brook Road, Newbury, NH, Tax Map/Lot 028/511-416, regarding Subsurface Systems Bureau – Individual Septic Disposal System application.
COMMUNICATIONS
Ms. Holmes shared with the NCC the following:
  • Newsletter from DES Drinking Water & Groundwater Bureau.
  • The Current Use Board 2014 Public Forums dates.
  • Thank-you note from SPNHF for membership renewal.
OLD BUSINESS

Wild Goose Boat Launch Project Update
Ms. Holmes told Commissioners that Judge Smuckler will review the amicus brief on November 13, 2014 at 9:30 a.m. pertaining to the appeal submitted by the town and LSPA

Malia Terrace Violation Update
Ms. Holmes informed Commissioners that restoration planting has been completed. The site was reviewed by the CEO and Ms. Holmes and it was suggested that more trees were needed at the top of the slope.

Trail Maps
Mr. Crickman said that he has received the requested information from Gerry Gold and that the update process continues.

NEW BUSINESS

NH Association of Conservation Commissions (NHACC) Workshop
Ms. Holmes and Mr. Crickman attended the NHACC workshop. Ms. Holmes said Nick Coates, chair of the NHACC, will be visiting the 240 conservation commissions throughout the state. She added that the workshop offered a wide variety of information including outreach to high schools to encourage student involvement in projects such as rain gardens. She said there was another discussion panel on the monetary value of open spaces to the state.

Ausbon Sargent Fall Workshop
Ms. Holmes reviewed the topics covered at the recent conference on the effects of climate change on wildlife.

Fish & Game Club in Bradford
Mr. Wright reviewed the status of the Fish & Game Club in Bradford. A non-profit group has been formed (501C.3) and the intent is to raise funds to purchase enough land to ensure the club’s future existence and the preservation of wild land at that location. Mr. Wright requested NCC to donate $5,000 and noted that a similar request is being made of Bradford. He said Ausbon Sargent has been approached to do an easement but they are not interested. General discussion followed. Ms. Holmes suggested approaching Ausbon Sargent again and invest in producing a detailed map of the area so all parties can better ascertain the proposed project. Mr. Wright agreed.

Mr. Unger made a motion to adjourn the meeting. Mr. Wright seconded the motion. All in favor.

The meeting adjourned at 8:25 p.m.

Respectfully submitted,

Meg Whittemore
Recording Secretary