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January 15, 2009 Conservation Commission Minutes
Town of Newton
Conservation Commission
P.O. Box 378
Committee Members:
Peter Mears, Chairperson (603) 548-4417
Nancy Slombo, Vice Chairperson
Trisha McCarthy, Selectmen’s Representative
Kimberly Lowther, Secretary
Shelia Bergeron
Sandy Estabrook
Pat Wonson

Conservation Commission Minutes for January 15, 2009  

Attendance:
Peter, Trisha, Sandy, Shelia, Pat and Nancy.

        Peter called the meeting to order at 7:45pm.
        Kim recorded the minutes.
Correspondence:
1.      Attorneys DTC at Law- Letter to the Selectmen for their approval of the Conservation Commissions purchase of Foy Conservation Easement and Rhines donation. 18.7 acres Tax Map 8, Block 8, Lot 6, & Tax Map7,  Block 6, Lot 6.
2.      Attorneys DTC at Law- Adjustment and Consolidation Plan. Tax Map 7, Block 6, Lot 9-1.
3.      Planning Board- Attorneys DTC at Law, invoice for Foy Lot Line Adjustment. $1519.00
4.      Attorneys DTC at Law- Quitclaim Deed from Roger and Sharon Rhines to the Town of Newton and Conservation Easement Deed from James Foy to the Town of Newton.
5.      NHDES Request for more information regarding the Alteration of Terrain Permit Application #081106-01 Pond Knolls Estate Newton NH.  Todd Fitzgerald. Father & Son Reality. 85 South Main Street, Newton NH 03858.
Peter made a motion to send a letter to Planning Board agreeing with their concerns.

6.      NHDES Second Request for Todd Fitzgerald.
7.      Newton Planning Board- Abutters notice. Steven Ciambelli requests a hearing to discuss bonding and revocation issues of the Katherine Drive Subdivision Tax Map6 Block 9 Lot 9.  
A letter will be sent to Planning Board along with previous letters written that expresses the Conservation Commissions concerns with the Katherine Drive subdivision. There is a Thirty Foot no cut buffer zone along the property and the pins are located too close to the Peanut Trail. We would like these concerns to be recorded on the Mylar.

8.      A Signed Petition for Robert White to gain right of way access through the Peanut Trail to his land located at 1 Deluxe Avenue, Newton NH 03858. Tax Map 11 Block 15 Lot1.
The Conservation Commission does not approve this petition, and goes against the Planning Boards decision recommending a right of way access through town owned land. The Peanut Trail is for public use and prohibits motorized vehicles. The residents of Newton had previously voted not to allow any type of motorized vehicles on the property.  If approved, additional abutters of the Peanut Trail could argue to access their land via the Peanut Trail. A copy of our concerns will be sent to Planning Board.

Members of the board discussed submitting an article in the newspaper and typing a flyer for residents of Newton, explaining why a right of way access should not be granted to Bob White.   

Trisha will review old documents of the Peanut Trail including potential insurance liabilities.

-Peter motioned that the Conservation Commission does not support the two articles referring  to the access of Bob Whites land locked property Map 11 Lot 15-1, granting a right of way. This would be in violation of the original vote by the people of Newton for passive recreation where motorized vehicles are prohibited and preserving open space. Sandy Seconded.  All in Favor.

9.      Newton Planning Board Minutes December 9, 2008.
10.     Newton Planning Board Minutes December 30, 2008.
11.     Newton Planning Board Minutes January 13, 2009.
12.     Civil Construction Management, Dennis Quintal- Invoice $1520.00 for Transfer Station Site Plan.
13.     Land Use Change Tax Bill paid to Conservation Commission- $9137.50
14.     Ducks Unlimited 2009 Calendar.
15.     Rockingham Planning Commission- maps.
No maps were attached to letter. Will check with Nancy or call Rockingham Planning Commission.
16.     Woodward & Curran 2008 Issue
17.     2008 Budget Expenditures-
      Total $3250.00, YR/Date $2588.50, Variance ($661.50)
15. Selectmen’s Minutes December 1, 2008.
16. Christmas Card from Selectmen, Ray Thayer
17. Legislative Bulletin December 31, 2009
18. Legislative Bulletin January 9, 2009
19. Notice of Intent to cut wood or Timber- Norman Freeman, 20,000- White Pine.
20. Ben Meadows Catalogue.

Other Business:
1. Have Peter Sign Easement Handbook request for payment slip.

Land Acquisition:
1. Trisha discussed the closing of the Foy Conservation Easement property.
Busch Farm:
1.      Trisha will talk to Road Agent, Mike Pinero asking him to plow the entrance of the Busch Farm.
2.      Followed up on a complaint of trash and yard debris received by resident whom abuts the Busch Farm. Peter had taken another site walk and would like to contact the Boy Scouts this spring to see if they would be interested in a Spring clean up.

Meeting Adjourned at 9:20 pm.

Respectfully Submitted,
Kimberly Lowther
Secretary
Newton Conservation Commission