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September 7, 2006 Conservation Commission Minutes
Town of Newton
Conservation Commission
P.O. Box 378
Newton, NH 03858

Committee Members:
Trisha McCarthy, Chairperson   home#(382-1668) email: trisham27@verizon.net 
Alicia Raddatz         Mary Marshall       Pat Wonson             
Nancy Slombo        Peter Mears             Kim Vaillant       
Selectman’s Representative: John Ulcickas
    
Conservation Commission Draft Minutes for September 07, 2006


Attending were: Chairperson-Trisha McCarthy, Mary Marshall, Pat Wonson, Nancy Slombo, Peter Mears  

Chairperson, Trisha McCarthy called meeting to order at 7:45

Correspondence:
1.      Memo from Board of Selectmen requesting a quarterly update, either verbally at a meeting or as a written update.  This update is due at the end of each quarter (March, June, September, & December), and should include a department update and any concern or issues that the committee is dealing with. Mary Marshall suggested that one item on the report should be that a member of the conservation commission will attend selectmen’s meetings.  We also should mention the books given out to some Newton residents on Conserving Your Land.
2.      DES memo on the State 2006 Fall Drawdown of Lakes (nothing in Newton, however Kingston Great Pond & Powwow River is listed for 10/09/06 & East Kingston, Trickling Falls & Powwow River is listed for 11/01/06.
3.      Letter from DES re: 34 North Main St., and Ice Pond Dam #179.01 stating dam has deficiencies that have to be addressed.
4.      DES letter from Eben Lewis (Wetlands Inspector) re: 46 Wilders Grove, regarding large pine. Letter states that removal of pine is okay, to allow for reconstruction, in-kind, of dwelling and foundation immediately adjacent to the large white pine.   
5.      Merrimac Savings Bank balance as of 07/31/06   $192,491.49
6.      Draft Minutes from Newton Planning Board Work Session 08/22/06
7.      Copy of letter sent to Newton Planning Board from Coleman McDonough re: Puzzle Lane lot 27-3
8.      Letter from EPA re: Storm Water program, reminding that we have until 05/01/08 to implement all elements of Newton’s Storm Water Management Program. Addition information at www.epa.gov/NE/npdes/stormwater/index.html 
9.      Technical Review Committee will meet to review submittals for the 09/13/06, on 09/11/06 at 3:30pm in the Newton Planning Board Office.
10.     Newton Planning Board Agenda for the 09/13/06 meeting
11.     Letter from Attorney Donahue, Tucker, and Ciandella re: Difeo & Brogna 3 lot sub-division. See  Land Acquisition, item #2 below for further explanation.   Letter states that the back land of 33+ acres can be lawfully created by a sub-division plan submitted to the Board for its review and approval.  There should be a notation on the plan that it lacks legal frontage and is created for conservation purposes only.
12.     Plan from Patricia Gleichauf Wonson for a lot line adjustment map 11, block 5 lots 4&5.

 Minutes reviewed from Conservation Meeting 08/17/06
        Motion to accept by Nancy Slombo
        Seconded by Pat Wonson
        Abstention by Peter Mears and Trisha McCarthy
All in favor

Old Business
1.      17 & 15 North Main St.  DES has been notified that homeowner’s are filling in what may be potential wetlands.  It was discussed to ask Mr. Bartlett is we can take a soil test on this property to confirm whether or not it is wetlands.

2.      Mr. Farra from Country Pond has called Trisha about more beavers on his property.  Water is high and affecting hard wood on his property.  Mr. Farra wanted to know if conservation commission had funds to pay for taking more beavers out of the pond. Peter Mears advised that he took out 9 Beavers during the trapping season and the landowner must pay anything outside of the season.  

3.      Family Fun Day 9/30/06 at Greeney Park.  The Conservation Commission will sponsor and assist in the mountain bike race and provide prizes, (1st, 2nd, & 3rd, plus ribbons for all who race).  The race is for 10+years old, and must wear a helmet and will be from 10:00am to 11:30am.  Items needed for Fun Day are: a battery operated clock with a second hand, sticky labels (Trisha has some) for marking participants helmets during race, markers, tables and chairs.  Trisha McCarthy will take photos
Motion made by Pat Wonson for Trisha to spend up to $125.00 for the prizes, and 36 ribbons.  
Second by Nancy Slombo
All in favor  
4.      Puzzle Lane, re: Lot 27-3 & 4.  125 Development Corp (Coleman McDonough)
A site walk was completed lot 27-4 on 8/19/06 by the members of the   conservation  commission to inspect the overcut and the trees/vegetation in the Mitigation Plan.  A letter was written by the conservation commission and is attached to these minutes (referred to as attachment #1) requesting action to be taken by 125 Development Corp for the mitigation area be part of the plan sub-mitted to the Planning Board.  
Motion made by Mary Marshall, to approve letter to Mr. McDonough with a copy to Planning Board & Altus Engineering
Seconded by Pat Wonson, All in favor
        
Busch Farm:
Nothing at this time.


Trails:
Nothing at this time

Land Acquisition:
1.      Nothing yet on Cottage Grove Association
2.      Difeo & Brogna LLC.  Attorneys have given the okay for the back land 33+ acres of land off Whittier for a conservation lot without road frontage.  The Public Hearing for this parcel is scheduled by the Newton Planning Board for 09/13/06.  Trisha and Pat will go to this planning board meeting.  See letter attached to these minutes (referred to at attachment #2).

Wetland Cases:      
1.  Complaint that home owners at 15 & 17 North Main St., Newton are slowly filling in possible wetlands close to the road.  Trisha McCarthy went to the owner of 17 North Main Street to inquire about this.   The homeowner said it is not wetlands.  He further stated that he made some calls to see what he could do about the standing water after the spring rains and received no direction or answers.   He said the state told him it would take about a year to get to that area and to do what ever he has to do.  It was decided to get permission for a soil test for confirmation of soil types.
  

New business:
Nothing at this time

Peter Mears made motion to adjourn  
Seconded by Pat Wonson
All in favor

 Meeting adjourned at 9:30pm.

Respectfully Submitted,
Trisha McCarthy, Chairperson



A  T  T  A  C  H  M  E  N  T

Conservation Commission
P.O. Box 378
Newton, New Hampshire 03858
603-382-4405

To:  Newton Planning Board
       Eric Weinrieb (Altus Engineering)
       Coleman McDonough       

Re: Site Walk Results regarding Mitigation Plan in lot 27-4 (Puzzle Lane)

A site walk completed by the conservation commission on 08/19/06, lot 27-4 Puzzle Lane, to review the incursion into the 50’ buffer from Commercial to Residential area.  As a result of this site walk the Conservation Commission requires the following to be part of the plan:
1.      A professional landscaper or an arborist must supervise any replanting of trees and/or vegetation, that do not show signs of new growth, (and/or dies), by May 15, 2007 within the Mitigation area. The any further plantings of trees and/or vegetation must be a minimum of 12 feet high and must be watered on a regular basis.
2.      Two additional Hemlocks or White Spruce must be planted in the outer section of this Mitigation area, under the supervision of an arborist or professional landscaper, during the fall of 2006 planting season.
3.      Should any plantings die in this Mitigation area within the next five years, they must be replaced by in-kind, and supervised by a professional landscaper or an arborist.

As a final comment the Conservation Commission observed the clear cutting to the wetlands, and what appeared to be an altering of the slope & grading into the wetlands in lot 27-4.  We’ve been told that this happened in error while work was being done on lot 27-3 not lot 27-4, (although the two locations in question are not close to each other on the plans).  We have no problem signing off on the Mitigation Plan as described above and request our conditions be noted on the official recorded plan.         

Thank you in advance,

Trisha McCarthy
Trisha McCarthy
Conservation Chair
                                (Attachment #1 to Newton Con Com minutes 9/7/06)