Newbury Conservation Commission (NCC)
August 11, 2015
Approved September 16, 2015
Members Present: Katheryn Holmes, Chair; Eric Unger, Vice-Chair; Chuck Crickman, Bob Stewart, Members; Richard Wright, Ex-Officio Member; Bill Annable, Sue Russell Alternates.
Ms. Holmes called the meeting to order at 7:03 p.m.
ADMINISTRATIVE
NESHA Planning Board Application Review
Ms. Holmes informed the Commissioners that the New England Handicapped Sports Association (NEHSA) has submitted a Site Plan Review to the Planning Board. The application is scheduled for a hearing on August 18, 2015. The application is to expand the NEHSA lodge at Mt. Sunapee, make site improvements, address drainage and access issues. Plans are available at the Land Use Administrator’s office in the Town Office. Ms. Holmes asked the Commissioners to review the application and submit any comments or concerns to her prior to the 18th. The Commissioners agreed.
Andrew Brook Trailhead
Ms. Holmes informed the Board that Gerry Gold, Kearsarge-Ragged Greenway, contacted her regarding the possibility of mounting a capital campaign to purchase the piece of property known as the Andrew Brook trailhead on Mountain Road. Mr. Gold suggested that the capital campaign could be a collaborative effort with the Society for the Protection of New Hampshire Forests (SPNHF), Kearsarge-Ragged Greenway, and others. Ms. Holmes said she will be meeting with SPNHF to discuss the possibility and will update the NCC at its September meeting.
83 Malia Place/Robert Vail Update
Ms. Holmes welcomed Roger Rodewald, Riverside Ecological Designs, LLC, and Anita Blakeman, WoodlandCare Forest Management, who were present on behalf of their client, Robert Vail, 83 Malia Place, Newbury, to present an overview of the Vail property, the tree cutting/trimming to date, and to answer any questions regarding same.
Ms. Holmes introduced the Commission and noted that the NCC is an advisory board and is approaching tonight’s presentation as an informational update. She added that the NCC will, in its advisory capacity, be making recommendations based on the information presented.
Mr. Rodewald introduced himself as representing Robert Vail. The former gave an overview of the property project to date, noting that concerns had been raised regarding the “tree situation” at the Vail property. Mr. Rodewald said he met with Mr. Stewart and made a site visit together. The site visit resulted in a recommendation that Mr. Vail engage an expert third party to evaluate the situation and produce a report. Mr. Rodewald said that recommendation was done and Ms. Blakeman was hired to evaluate the tree situation and file a report. Ms. Blakeman is a professional licensed forester in NH.
Ms. Blakeman presented to the Commission. She described the Vail property as being 12.8 acres with frontage on Lake Sunapee and Cunningham Brook. The frontage on Lake Sunapee and Cunningham Brook makes the property subject to shoreland regulations. The lake frontage is 379 feet; the brook frontage is 1,025 feet – with both measurements taken from the legal elevation of the lake. Ms. Blakeman noted that Cunningham Brook flows into Lake Sunapee. She added that the aforementioned measurements were sourced from the property survey done by Mr. Rodewald.
Ms. Blakeman described the waterfront buffer zone and indicated same on the plans. She added that Newbury includes Cunningham Brook as part of the town’s shoreland regulations which means the waterfront buffer zone extends along the length of the brook contained on the property.
Ms. Blakeman described how she measured the trees in the waterfront buffer zone and the instrument she used (an aluminum caliber). She said she measured 4 ½ feet up from the base of the tree, which is the standard used by state licensed foresters for measuring trees. She described how the number of trees to be cut were calculated, the process used (per standard forestry practices), and the different itemized grids pertaining to the Vail property.
She noted that all the crown cropping of trees were not counted in the point calculation.
Ms. Blakeman reviewed the regulations pertaining to the shoreland buffer zone and the woodland buffer zone and noted that all the regulations were met.
Mr. Wright asked about the omission of information pertaining to grids #3 and #4. Ms. Blakeman said there are plenty of points in those grids because they are heavily wooded. She said some trees were crowned.
Mr. Wright noted that there has been some pretty extensive culling on the steep slope of the property.
There was discussion about state regulations, town regulations, buffer zones, wetland buffer zones and where the 75-foot buffer zone begins on the Vail property.
There was discussion about the existing road on the property and its proximity to Gillingham Brook regarding maintenance/repair, etc. There was further discussion (and concern) regarding the long term effect of the cutting on the steep slopes, stormwater runoff, and the impact on the lake.
Mr. Stewart asked whether a tree species plan was done. Ms. Blakeman said it was not a requirement and one was not done.
Discussion continued regarding ongoing monitoring of the property, definitions of arborists and foresters, and the long term commitment of the property owner to responsible stewardship of the property, the lake and the brook.
Ms. Holmes called for a break at 7:55 p.m.
The meeting resumed at 8:03 p.m.
ADMINISTRATIVE, Continued
Minutes
The NCC reviewed the minutes of April 8, 2015 and made corrections. Mr. Unger made a motion to accept the minutes as corrected. Mr. Wright seconded the motion. All in favor.
The NCC reviewed the minutes of May 12, 2015 and made corrections. Mr. Wright made a motion to accept the minutes as corrected. Mr. Unger seconded the motion. All in favor.
INTENT TO CUT
Mr. Unger reported on the following Intents to Cut:
- Dan Wolf on Grace Hill, Newbury. Ms. Holmes noted that Mr. Wolf started the cut before receiving approval from the Board of Selectmen. Mr. Wright said the Town Administrator will contact Mr. Wolf and notify him of Town procedure regarding any future Intent to Cut applications.
- Garrett & Marcia Keane on Red House Road, Newbury.
- Kathy & Daniel B. Libby on 61 Ridgeway Drive, Newbury.
BUFFER ZONE CUT
Ms. Holmes reported on the following Buffer Zone Cut:
- Town of Newbury at the Town Dock, a dead birch tree.
WETLANDS/SHORELANDS
Ms. Holmes reviewed the following communications from the NH Department of Environmental Services (DES):
Wetlands Permit Application
- For John V. Tracy, 305 Bay Point Road, Newbury.
- For Albert & Diane Cretella, 47 Lakewood Manor Road, Newbury, a Wetland Permit-PBN.
Shoreland Impact Permit
- For Nicole & Stephen St. Mary, 285 Bay Point Road, Newbury, a Shoreland Impact Permit 2015-01666.
- Site Reviews conducted by Commissioner Deane Geddes for Shoreland Impact Permit 2015-01512 for Cynthia & Richard Bolduc, 7 Spring Street, Newbury.
Notice of Invalid Permit by Notification
- For Albert & Diane Cretella, 47 Lakewood Manor Road, Newbury.
COMMUNICATIONS
Ms. Holmes shared with the NCC the following:
- The New Hampshire Association of Conservation Commissions conference on November 7, 2015. She invited all Commissioners to attend this 45th annual event.
- The New Hampshire Association of Natural Resource Scientists (NHANRS) Soil Mapping Workshop on August 28, 2015. Mr. Stewart noted that the workshop is aimed mostly at soil scientists and not wetland scientists.
- A letter from the Mason Conservation Commission regarding concerns surrounding a natural gas Pipeline project.
NEW BUSINESS
- Land Use Joint Meeting on September 10, 2015 at 7:00 p.m. Ms. Holmes asked that all Commissioners forward items they would like discussed at the meeting so the Planning Board Chair can get them on the agenda.
There was further general discussion about forestry strategies, tree cutting regulations, setbacks, buffer zones, and the long term effect of limbing and tree topping.
Ms. Holmes informed Commissioners of the annual bulb sale offered by the Merrimack County Conservation.
Ms. Russell made a motion to adjourn the meeting. Mr. Unger seconded the motion. All in favor.
The meeting adjourned at 9:05 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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