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April 16, 2009 Conservation Commission Minutes
Town of Newton
Conservation Commission
P.O. Box 378
(603) 382-4405 ext.17
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 April 16, 2009  

Attendance:
Peter, Trisha, Sandy, Shelia, Pat and Nancy.
Guest: MaryAnne Lapiere

        Peter called the meeting to order at 7:40pm.
        Kim recorded the minutes.
Correspondence:
  • NHDES – New Hampshire Aquatic Resource Mitigation Program Accepting Grant Applications for the Merrimack River Watershed. Deadline June 5, 2009.
-Members reviewed the application and discussed if grant is honored, Conservation could design flyers that would teach residents how to properly fertilize their lawns, especially for the residents who live near Country Pond.  

  • 2009 Local Officials Workshop.
  • Notice of Intent to Excavate tax/ map/ block 14-01-24. Stephen Early, 185 South Main Street, Newton NH.
Peter noted several blanks on the application. There was not enough information, very little detail. Trisha would like the application given back to Nancy and have Steve fill out the application again.
Trisha motioned to return the application to Town Administrator, Nancy. Conservation request that the application is complete and must indicate where on the lot he plans to excavate. Conservation has concerns regarding silt fences and the fire pond. Nancy Seconded. All in Favor.

  • Clean Air Cool Planet- Local Energy Solutions. Conference held June 20th.
  • Newton Planning Board- Cell Tower Proposal.
Members discussed possible locations around town where the tower could be constructed. Conservation is not opposed to a cell phone tower in town. Trisha said that the Selectmen will be getting a further explanation.
  • Newton Planning Board Minutes- March 24, 2009. Refer to #16 regarding Bob White.
Peter read the minutes  regarding Bob White.
Trisha had reviewed past files regarding Bob White.

- 2002 Abatement- Bob White came in to town hall requesting a tax abatement, for a non buildable lot.
 
-Conservation Minutes January 6, 1994-  He intended to Build a house on land lock property. Bob was then told to seek approval from the building inspector, to see if it was a buildable lot. Conservation recommended that the Selectmen not grant a right of way easement to Bob White.

-Conservation Minutes February 3, 1994- Steve Cushing had read a letter to the Selectmen recommending they deny Bob White’s request  using town owned land to provide access his land locked property.

  • April 8, 1992- Right of Way Granted- Phyllis Greene of Newton, NH granted Bob White a right of way across the north east corner of her lot for a time period of only five years. This right of way was never renewed and we believe that she had since sold her property.
  • 1992 Conservation Site Walk- Bob White attended a site walk on his property.

  • December 1992 Land Surveyed.
        Discussion:
        Peter would like the town to fight this all the way. There is a history with Bob White. Conservation will continue investigating. A letter will be drafted and sent to the Selectmen and Planning Board. Since he applied for an abatement he was fully aware that this lot was not a buildable lot. Bob Whites land is clearly not buildable.
        Trisha was concerned if an easement is granted who will be responsible to maintain the easement and who would handle the liability issues. Trisha discussed lawsuits that the town had been faced with in the past. She added that Town Hall Road is also a scenic road.

  • NH Legislative Bulletin April 3, 2009.
  • Ben Meadows Catalogue.
  • Notice of Decision- Coleman McDonough, Puzzle Lane Phase 2.
  • Health Agent update regarding 62 Thornell Road.
Other Business-
  • Reimbursements- Sam's Club and Wal-Mart for supplies purchased.
Sheila made a motion to reimburse Kimberly Lowther for Conservation Supplies. Wal-Mart $6.51 and Sam’s Club $26.76

  • Review for Approval- Thornell Road Site Walk Minutes.
  • Received a phone call from a Resident on Dugway Road asking if he can cut and remove fallen trees in the Town Forrest on Currierville Road. – Peter Mears  called him.
  • Shelia reported that it appears someone had dumped siding at Greenie Park. Trisha will talk to Road Agent, Mike Pivero.
  • Trisha asked members to start thinking about ideas for the Family Fall Festival held in September.  
Updates
  • Planning Board was sent another email to see when we should schedule a joint site walk along the Peanut Trail regarding Bob White.
  • Letters were sent to NHDES regarding the complaint on Thornell Drive.
  • Letters were also sent to residents of 62 and 64 Thornell Road and had been returned via postal service. The letters were marked, “no mail receptacle.”
Busch Farm:
  • Peter would like to remove the dams at Busch Farm.
  • Peter reported that their had been a car driving in circles, leaving tracks behind.  He would like to put a gate at the opening preventing vehicles from entering. The key would match the other gates in town; Peanut Trail and Currierville. The gate will be installed past the parking lot.  
Peter made a motion to install a gate at the Busch Farm, leaving enough room for an ATV, snowmobile, horse and cart to access the farm.  Nancy Seconded. All in Favor.

Meeting Adjourned at 9:22 pm.

Respectfully Submitted,
Kimberly Lowther
Secretary
Newton Conservation Commission