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1990 Minutes   January - February - March- April - May - June - July - August - October - November - December    Minutes 1990

MILFORD CONSERVATION COMMISSION

Meeting Minutes of JANUARY 11, 1990

Present:
Russell Monbleau, Chairman
Margaret Pratt, Vice Chairman
Lorraine Carson, Secretary
Hazel Burns, Edna Silva, Janet Piche, Dave Andrews

  1. MINUTES: The Minutes of the December 28 1989 meeting were not accepted at this time due to the fact that members had only just received same. Lorraine stated that due to the length of Minutes and the high cost of postage, she would hand out copies rather than mail them to members. After discussion, it was decided that unless meetings were on a weekly basis, the Minutes would be mailed. It was felt that the cost of the postage was worth the communication value of this practice.

  2. COMPRESSOR BROOK/WETLANDS ORDINANCE: Lorraine advised members she had discovered a confusing situation relative to the two tributaries forming the beginning of this stream as described in the proposed Wetlands Ordinance. It looks, on a map, as though there are three Compressor Brooks. It was decided to call the one beginning tributary West Branch of Compressor Brook, and the other East Branch of Compressor Brook, and only once they meet, is the stream to be known as Compressor Brook. Lorraine will advise Mark of this change, which will have to be raised at the Public Hearing on January 16, 1990.

  3. BUSINESS LICENSE DRAFT: Lorraine presented members with a draft of this proposed license which she had prepared in order to get discussions going, and asked that it be reviewed for further discussion on January 18, 1990, if time permits. She and Russ will meet with the Board of Selectmen relative to this issue sometime mid February.

  4. WETLANDS VIOLATIONS POLICY: Lorraine also presented members with a draft of this policy and requested review of same for January 18 1990 meeting.

  5. WETLANDS ORDINANCE PUBLIC HEARING: Members were advised that this public hearing will be held by the Planning Board at 7p.m. on Tuesday, January 16, 1990 in the Town Hall. All members were asked to attend, and to review the proposed ordinance ahead of time.

  6. TUCKER BROOK TOWN FOREST: Lorraine reported she had finally made contact with Harold Webster regarding cleaning up the entranceway. It is now too cold to do anything, and she will be back in touch with Harold in spring.

  7. HITCHINER TOWN FOREST: As above, the trees along the stone wall will be pulled by Harold in spring. Margaret presented samples of Letters of Appreciation for Jim Lawler. The members chose one, she will take care of preparing same and framing, and will have it done by January 18 1990.

  8. BADGER HILL: Jeff Terrio, Engineer, met with the members to review the latest actions in the Badger Hill development. He advised the members that the case went before the Army Corps of Engineers who classify wetlands differently from the Town and the State. This resulted in some changes in the amount of wetlands involved at various crossings The USF & WS stated the entrance road from Osgood Road had to be moved a considerable distance from the original plans, where according to their definition of wetlands, less impact would occur. This means that a greater portion of the unpaved section of Osgood Road would have to be upgraded, and this fact raised concerns regarding possible development of the property across from Badger Hill development. The USF & WS also requested the roadway be moved at location #8 which means less impact on wetlands in this area. Also, the two fire ponds are now out of wetlands altogether and are located in upland soils. An access road thus resulting from the fire pond at the furthest location from Osgood Road in order to access this pond, will cross wetlands, however. Lorraine expressed concerns that many of the houses were to be within the buffer zone or otherwise too close, and some driveways also involved the buffer zone. Jeff assured her that he and Mark had gotten together and had address these concerns. All houses will now be 35 feet from wetlands, and all driveways will be 25 feet. Jeff will provide a new set of plans showing these changes. The Commission will also be supplied with a copy of the covenants for this development. At Lorraine's request, the covenants will also list by lot number all lots which are effected by wetlands in an attempt to provide better protection for same once the properties are in private hands. Lorraine will send a letter to Jeff with this request in writing. It was stated that there are now 185 lots in this subdivision, which originally contained many more. As a result of the ACE intervension, there has been a reduction in the amount of wetlands disturbed. Lorraine will prepare a letter to the Wetlands Board (same to be sent to Jeff for him to include in his package to that board), giving our approval for the Dredge and Fill to be issued, based upon the recommendations of ACE, stating that the impact has been further reduced. Relative to Board of Adjustment approval, Jeff requested that Lorraine wait on this until he gives the go ahead. Right now with so many verions of this development available, it would be less confusing if we waited until the final plans are out before contacting the Board of Adjustment.

  9. HAMPSHIRE HILLS SKI TRAILS: Margaret reported that whereas we had authorized nine culverts in this trail system, she had found eleven. In addition there had been a very poor installation job done in all cases. She will be drafting a letter to Rick Holder regarding this situation, which will be ready for the January 18 meeting.

  10. SCOUT TROOP AWARD: Janet reported she had not done anything in this regard yet, and that there was a lot of paperwork to get together. She hoped to have it ready by march 1990.

  11. CONSERVATION CAMP: Lorraine reported she had learned that whereas Glen Kelley was unable to attend the April seminar, he was one year too old to attend the camp in June. She had not heard anything further from Tim O'Connell, but would be in touch with him next month for progress.

  12. JIM LAWLER/SCOUT INVOLVEMENT: Janet Piche reported that Jim will be out of the Scouts effective February 1 1990. It was not known where the work he was doing at the Hitchiner Town Forest stands.

  13. BALCOM BROS./WETLAND VIOLATION: Lorraine reported that on January 10, she, Mr. Arnold Balcom, his son Gary, Gerry Rosenberg and Tom Chrisenton had done an on site inspection of the Balcom property. It was the opinion of Gerry and Tom that a vegetative stabilization of the stream bank would be best. They will send a letter to the Conservation Commission spelling out their recommendations. Tom also advised Mr. Balcom that he must contact the Army Corps of Engineers as this was definitely a project they would be involved in. Lorraine will advise Mr. Balcom of how to reach ACE. It was also noted during the on site inspection, that Mr. Balcom has begun curving back from the stream the slab of concrete he is laying on his property. This was something Mark Fougere had requested of him at the previous on site inspection. Tom pointed out that fill is being dumped on a continuing basis on this property well within the 25 foot buffer zone. He expressed concerns as to the content of the fill, who was doing it, and whether a permit to dump the fill was in effect. Mr. Balcom stated it was the Town that was doing the dumping, but it was unclear whether it was Public Works or the Wastewater Treatment plant. As a result of this information, the members requested Lorraine to be in touch with Bob Courage to learn the details of the dumping, the existence of a permit, what the fill contains, and most of all, why it is being dumped within the Town's 25 foot buffer zone. Lorraine reported that Mr. Balcom will await the letter from Gerry and Tom before taking any corrective actions or continuing the process of permits further. As soon as that letter is in hand, Lorraine will be in touch with Mr. Balcom to give him guidance as to the next step to take.

  14. EMERSON PARK/OVERSEEING BY MCC: Lorraine reported she had written to Dick Fisk and Bill Ferguson, the other two members of the Emerson park committee relative to the MCC overseeing maintenance etc. of the Park, and was awaiting a response from them. She suggested that once this is in hand, a new Committee be formed consisting of three individuals, with the stipulation that one member of that Committee must be a member of the Conservation Commission. She offered to remain on that Committee as the treasurer which she has been for several years.

  15. TOM CURTIS/FARM POND: Lorraine reported that as a result of the Wetlands Board denying a rehearing on this case, Tom was very despondent and was reluctant at this point in time to discuss the matter further. She did suggest to him that she, Mark, Tom Chrisenton and Gerry Rosenberg get together with him to review the plans and site again and develop a compromise which would be acceptable to the Wetlands Board. She also called Dr. Kettenring of the Wetlands Board to find out what their concerns over the project were. He indicated to Lorraine that the Wetlands Board was concerned with the total destruction of an existing wetland of marsh for the pond, they were unhappy with the very large size of the pond; they saw as a result "water front property" and a sub-division in the future.

    The Wetlands Board, though it had not done an onsite inspection, felt that the pond could be placed in the gravel pit area and be of a smaller size. They also felt that this was a project that would not receive the support of the Army Corp of Engineers. In addition, the Wetlands Board did not accept the idea that the pond is a means of creating additional farm lands - the federal government does not support the destruction of wetlands in order to create farms lands. Lorraine stated she would give Tom Curtis another week to think about the denied rehearing, and would then call him again to discuss what the Wetlands Board feels.

  16. LAND INFORMATION PACKAGE: Janet reported she had not yet gotten the print out for Current Land Use 10-49 acres because the town hall is in the process of moving. She will have this print out by January 18 meeting.

  17. NEXT MEETING: Lorraine advised the members that it would be necessary to hold another meeting next week, January 18, in order to meet with Carl Chappell regarding his wetland violation, and also to discuss the results of the wetlands seminar she attended in November, as well as reviewing our budget for 1990. Members were given several items to read for that meeting.

  18. 1990 TREE PROJECT: Lorraine reported on behalf of John Ferguson that he had reviewed the Osgood Pond dam site and suggested two crabapple trees be planted there. These would cost about $35.00 each ' and he suggested they be ordered from Cherry Hill Nurseries. In discussion of this issue, Margaret suggested that we obtain trees about 10 to 15 feet tall which would run about $100 each, and also that we use a variety that would hold its berries through winter. The members agreed, and she will take care of ordering same. This would leave about $800.00 of the set aside funds for this project of $1,000.00. Margaret stated that the Police Dept had indicated it would like two evergreen trees to plant on the Elm Street side of their building. Margaret said she would check into the best kind of evergreen for street use, and the members agreed to this for a maximum cost of $100.00 each. It was decided because of a rather tight budget for 1990 that this year we would spend a maximum of $500.00 on the 1990 Tree Project. Margaret also stated that there remains one tree on the Hitchiner Town forest which was not transplanted last fall. This tree is scheduled for the Jacques School as an educational tree, and she will take care of the transplanting in spring.

  19. NAMING STREAMS: Lorraine reported she had made a start on this project and found that it is a very time consuming one. She began by marking the named streams in town on a topo map of Milford. She also highlighted all other apparently perennial streams on the topo map. She will attempt to inspect as many of them as possible over the next few months for size and condition. She will report from time to time on this project as needed.

  20. COMPOSITE MAP: Lorraine reported we had received the copies of this map as ordered, and when time permits she will prepare one showing all town owned lands. She advised the members that the current map is as of April 1989, and a new one will be prepared in April showing any new subdivisions.

  21. WES STINSON, ALTERNATE: Lorraine reported that as a result of Russ's letter of December 29 1989 to Wes and the Board of Selectmen, she had submitted another letter to that Board as of January 4 1990 requesting his official removal from the Commission. She indicated in that letter that at this point in time, we did not wish to have the unexpired portion of his term filled. This will be done after Town Meeting.

  22. CONSERVATION LAND FUND: Lorraine reported that on a recent visit to the Milford Cooperative Bank, she received a thank you from the Bank for having deposited this Fund in that Bank!

  23. TOWN BARN/SOUTH STREET PUMPING STATION: Lorraine had not had the chance to speak to Bob Courage regarding activities at this site and reviewing same, but she will this coming week.

  24. GREAT BROOK CONDO/FAILED LEACHFIELD: Janet still had not called the Health Officer to report this case. She promised to do so before January 18.

  25. NATIONAL GUARD/HITCHINER TOWN FOREST: Lorraine reported we had received a request from the Miltord National Guard to use the Hitchiner Town Forest as a starting point for field orientation exercises the National Guard was planning for Saturday, February 3 1990. The individuals taking part would be taken to this site in a closed vehicle, would make their way towards a location in Brookline, from which they would be picked up by helicopter and taken back to Armory Road. The members had no problems with this use of the town land, and the necessary document provided by the National Guard was signed by Russ and witnessed by Vivian. Lorraine will send it and a copy of the Ordinance Governing Use of Conservation Land to the Armory with a covering letter.

  26. SPACE IN THE TOWN HALL FOR MCC: Lorraine reported it had come to her attention that the Commission was to have a corner in a large room which provides office space for the Town Clerks girls and the Selectmen's secretary. This same space was to also contain the Health Officer. She had been given a tour of the renovated Town Hall by Bob Courage,. and had found this area unacceptable, there being insufficient space, no privacy, no closet space, no shelving etc. In the process of the tour, she reviewed the area previously occupied by the Police Chief, and according to Bob Courage this area was unassigned, but was tentatively scheduled as storage space for the janitor. Bob felt he had enough storage space, and suggested Lorraine contact the Selectmen immediately, requesting the Chief's old office be made available for the Commission. She prepared a letter for Russ's signature to go to the Selectmen, and Vivian was also asked to speak in favor of this at the next meeting of that board.

  27. REPORT FOR THE TOWN REPORT: Russ presented his report for 1989 for the Town Report which had already been reviewed by Lorraine. A copy was left on the secretary's desk.

  28. LCIP/BURNS LAND: Russ reported that as a result of red tape, we now needed an update on the appraisal on the Burns and Rotch lots in order to complete the items needed by LCIP to get the funds due. Margaret said she would be in touch with Bramley who did the original appraisal. Lorraine reported she had received a copy of the survey from NEFF and that a copy had been sent to LCIP by John Ferguson. She also had a copy of a suggested deed prepared by NEFF. Bill Burns wanted a copy but there was no copy machine available in the town hall. Lorraine will make a copy for him for next meeting. We also need a title search on the Burns lot and Margaret will take care of this.

  29. HITCHINER TOWN FOREST/SCHOOL SITE: Russ raised the issue of the Board of Selectmen constantly referring to this site as a possible location for a new school. He stated there is no town water, no town sewer, the main road to the site, namely Osgood Road, is inadequate for the traffic a school here would create, and the land itself is unsuitable for development, being mainly ledge. The members agreed with him, and Vivian was asked to express these concerns to the Board of Selectmen and attempt to obtain a commitment from them that this land would not be used for this or any other town development purpose.

  30. WEST HILL/M.L. REALTY: With time running out, Lorraine briefly advised the members that there was some good news regarding this development, the details of which she would review at the January 18 meeting.

  31. EARTH DAY: Russ presented some correspondence he had received from New Hampshire Earth Day 1990 relative to conservation commission participation. Lorraine stated she would be giving a talk on wildlife rehabilitation to the Merrimack schools for this event and would probably also be doing the same at the Milford Schools. She will pass the correspondence along to Celeste as she was attempting to do something for this day also.

There being no further business to come before this meeting, the meeting adjourned at 10.15p.m.
The next meeting will be at 7.30p.m. on Thursday January 18, 1990 in the Town Hall.

Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of JANUARY 18, 1990

Present:
Russell Monbleau, Chairman
Margaret Pratt, Vice Chairman
Lorraine Carson, Secretary
Hazel Burns, Dave Andrews, Joe Zadrosny,
Vivian Barry as Selectmen's Representative

  1. MEMBERS: With both Janet Piche and Edna Silva unable to attend, the two alternates, Dave Andrews and Joe Zadrosny, acted as full members.

  2. MINUTES: On motion made by Joe and seconded by Dave, the Minutes of the December 28, 1989 meeting were accepted by unanimous vote as presented. The Minutes of the January 11, 1990 meeting will be accepted at the next scheduled meeting as they were only presented to members at this meeting.

  3. FINANCIAL STATEMENT: As treasurer, Lorraine presented members with the 1989 Financial Statement which has been submitted for inclusion in the Town Report. It was reviewed by members, and upon motion made by Dave and seconded by Hazel and voted unanimously in favor of the motion was accepted as presented.

  4. BUDGET FOR 1990: In order to support our request for $5000.00 operating funds for 1990, to keep track of expenses, and to provide a guide as to how much could be spent on what items, Lorraine as treasurer, presented a draft of a budget for 1990. It included an amount of $,500.00 for conservation assistant wages for 1990 in case the appropriation for this in the Selectmen's Budget is cut at town meeting as happened last year. With this amount included as well as $220.00 for a four drawer file, it left $547.00 unassigned. Lorraine will present a quarterly financial report to keep members informed of expenses as the year progresses. A copy of this budget will also be given to each member for Town Meeting. Lorraine also advised members that whereas our Operating Funds had always been by warrant article, this year those funds will be appropriated by budget. This means that all bills we have will have to be submitted to the town accountant for payment. We will therefore no longer need our NOW checking account. Lorraine has already had to pay 1990 expenses and they were paid out of the NOW account. She talked to the accountant about this, and the following arrangements have been made: After Town Meeting, she will present a bill to the Town for expenses year to date. We will be paid this amount which in effect is part of our $5000.00 for 1990. That amount together with the balance in that account as of January 1 1990 will be placed in the Accumulating Funds Account and the NOW account will be closed. Lorraine will continue to keep a complete set of books for the Commission as she has done for years.

  5. WETLANDS ISSUES:
    1. Publications: Upon motion made by Dave and seconded by Joe, it was voted unanimously in favor of the motion to authorize Lorraine to purchase a copy of Functional Assessment of Freshwater Wetlands for $10.00, and various publications put out by the Massachusetts Assoc. of Conservation Commissions for a total of $6.25 and a copy of A Guide to the Designation of Prime Wetlands in New Hampshire published by NHACC for $5.00.
      Lorraine also suggested that once the Prime Wetlands guide is in hand that we start work on designating some wetlands in Milford as Prime. For one, the Birch Brook Marsh Study by Robert Todd was an area recommended for this classification.
    2. Memorandum of Agreement: Lorraine presented each member with a copy of this agreement between the EPA and the ACE, and requested that each study it so that we can use the information when we review future wetland issues.

    3. Wetlands Seminar Proceedings: Lorraine had prepared a list of some facts gleaned from the November 1989 Wetlands Seminar she attended, which she felt were issues the Commission needed to know and bear in mind when reviewing Dredge and Fill applications. Time did not permit going through this in detail, and Lorraine asked each member instead to study same. Some highly important items in the proceedings were stressed, such as: it was the policy of the seminar that first, wetlands should be totally avoided, second impact should be minimised, and third compensatory wetlands should be used as a last resort because of the failure of most man-made wetlands to fulfil their intended purpose. Also, it was stressed that wetlands should not be used for storm water discharge under any conditions. In addition, parking lot run off should be lead into a pond created on site for this purpose.

    4. Environmental Bulletin: Lorraine found several copies of this publication at the seminar which provided useful information. It is put out by NHDES, and Lorraine will attempt to subscribe to it.

    5. Responding to Wetlands Board: From one of the above bulletins, Lorraine learned of what the Wetlands Board would like to know from conservation commissions when they respond to dredge and fill applications. The members asked her to prepare a format from this information which we can then consider at each dredge and fill application.

    6. Town emergency/work in wetlands: Again from a Bulletin, Lorraine learned of the procedure when a Town needs to do work in a wetland on an emergency basis. An emergency permit can be issued by the Chairman of the Wetlands Board over the phone. Semi-emergency situations can be handled by a letter from the conservation commission accompanying the application and the waiving of the 10 day intervention period. It was requested that Lorraine send a letter to Bob Courage whom, it was felt, most likely did not know these facts.

    7. Shoreline Protection, HB 755: Celeste had provided Lorraine with a copy of this HB 755, and Lorraine prepared copies for each member to review. This bill proposed a 125 foot setback from all public waters in the State.

    8. Fire Ponds: As a result of the Wetlands Seminar, Lorraine had learned that our policy of accepting fire ponds in wetlands as been in order had to be reviewed and revised. She pointed out that if a fire pond is placed in wetlands, it means destruction of that wetland, and a fire pond need not necessarily result in a more valuable wetland. Also some fire ponds need to be lined, and this would destroy their value as a wetland. She also raised the issue that the ACE had insisted that the fire ponds in the Badger Hill development be moved to uplands. If this is how they act, it was felt that this is how we should act. Lorraine also reported she had discussed this issue with SCS relative to us mainly lacking the knowledge to make a valid judgement as to whether or not the fire pond would result in a more valuable wetland, and had been advised that all we need to do is call on SCS for an opinion.

    9. Wetland Violation Policy of Action: Members reviewed and discussed a draft of this policy which Lorraine had prepared. One item in this draft was what-to do if the property owner refused to permit an on site inspection. Town Counsel had advised against the search warrant type of approach, according to Mark Fougere. It was therefore decided that Lorraine would call the Wetlands Board to ask if they could step in such cases, and how long it would take for them to take action.

    10. Our Guidelines for the Dredge and Fill Process: Lorraine advised members that she had been told by Tom Chrisenton that all dredge and fill applications should be referred to the Army Corps of Engineers in Waltham, Mass. This is the responsibility of the applicant. Such information should now be included in our guidelines, and Lorraine will redo them to include this. She will also include the need to register certain Dredge and Fill Permits with the Registry of Deeds.

  6. CARL CHAPPELL, OSGOOD ROAD/WETLANDS VIOLATION: Mr. Chappell met with the Commission as a result of an illegal square pond he had created in a stream on his property. Russ explained to Mr. Chappell that this work which was done without a permit is illegal and the Wetlands Board may impose a penalty. He added that we have to advise the Wetlands Board of this violation and recommendations to that Board need to be developed. In addition, he advised Mr. Chappell that he would have to go to the Board of Adjustment for an after-the-fact special exception. Mr. Chappell explained that he has for years farmed the land up to the edge of the stream, and that about every two years he needs to go into the stream to clean out the vegetative growth that develops, dies down, and fills up the stream bed, causing flooding further back on his property. He built the pond to help control the flooding and to make it easier to clean out the streambed. He admitted he obtained no professional assistance in development of the pond. He also has put in a culvert and roadway over this same stream without permits, in order to reach additional land for farming purposes. It was stated that when the By-pass was developed, it made flooding in his fields worse. By cleaning out the stream and making the pond, which he did this fall, it has helped alleviate the flooding problem.

    Russ suggested that Mr. Chappell obtain written reports from neighbors regarding flooding problems they had after the By-pass was built and the fact that the cleaning out of the streambed on a regular basis has helped relieve these problems. He also suggested a history of the flooding problems be developed and Hazel will assist Mr. Chappell in this. As a result of this meeting, the following actions are to be taken:
    1. Mr. Chappell is to request the assistance of SCS for stabilization of the slopes of the pond and in erosion control.
    2. Mr. Chappell is to apply for an after-the-fact dredge and fill permit from the Wetlands Board.
    3. He is also to advise the Army Corps of Engineers of the project.
    4. He must apply to the Board of Adjustment for an after-the-fact special exception.
    5. Lorraine will send a letter and a copy of the guidelines to Mr. Chappell and give him general assistance as needed.
    All of the above must apply both to the illegal pond and the illegal culvert and roadway across the stream. Lorraine raised the issue of annual maintenance of the stream which Mr. Chappell feels is necessary. She explained that this will require a special exception and also a Dredge and Fill Permit.

  7. BUSINESS LICENSE: The members discussed the draft of this license which Lorraine had prepared. In the process it was stressed that this proposed system is to serve as a trigger for possible violations and therefore it was felt that the format should be kept simple as possible. Should an unacceptable business apply, further action could and would come at that time. It is proposed that the actual license be issued by the Board of Selectmen, but that it be required that the Planning Board and/or the Conservation Commission review each application prior to its submission to the Selectmen. Lorraine will prepare the draft in final form, and a covering letter will also be prepared. She and Russ will then meet with the Selectmen to discuss this further.

  8. SPACE FOR MCC IN NEW TOWN HALL: Both Lorraine and Russ had been in touch with Lee Mayhew relative to us obtaining the old office of the Police Chief for the Commission, and the fact that Lee stated that this area had been already assigned as storage for the janitor, would not be renovated in any manner and would be unsuitable for our use. The members were of the opinion that some private area was definitely needed and it was decided that Russ would meet with the Selectmen on this issue.

  9. YES STINSON, ALTERNATE: Lorraine reported that though the Selectmen had received Mr. Stinson's letter and Russ's response, the Minutes of that Selectmen's meeting did not indicate they had accepted his resignation. Vivian was requested to obtain this acceptance from the Board.

  10. GREAT BROOK FAILED LEACHFIELD: With Janet not at this Meeting, Lorraine reported that Janet had reached the health officer who would be checking out the problem. Janet had not heard anything further from him.

  11. BURNS LAND FINANCES: Lorraine reported that the appraisal of this land and the Rotch piece for LCIP purposes had cost $3000.00 and had been paid out of the Accumulating Funds. The survey of both pieces by NEFF had also been paid out of the same fund in the amount of $2783.15. She then received another bill from NEFF for the balance of the work they did in the survey and this bill amounted to $3202.88. She reported there were insufficient funds in the Accumulating Fund to pay for this. Because all the above expenses relate to the purchase of the Burns' land she put forward the following proposal: When the current land Certificate of Deposit comes due on January 27 1990, a check will be obtained from the Milford Coop Bank in the amount of $5,783.15 (appraisal and part of survey) and paid into the Accumulating Fund from which it was withdrawn originally. A second check will be obtained in the amount of $3202.88 made out to NEFF to pay for the balance of the survey. The remaining balance of the current Certificate of Deposit will be invested for 31 days. A motion was made by Margaret Pratt and seconded by Dave Andrews and voted unanimously in favor of the motion to authorize Lorraine as Treasurer to execute the above proposal when the Land Certificate of Deposit matures on January 27 1990.

  12. BURNS LAND/LCIP REQUIREMENTS: Margaret reported she had been in touch with Mr. Bramley regarding the update on the appraisal required by LCIP. He had been in touch with LICP but had found nobody to talk to regarding just what was required of him. Russ gave Margaret the information she needed, and she will be back in touch with Mr. Bramley. All that is required is a letter from Bramley stating that he did the appraisal last year and that the information contained therein is still valid. Russ stated this is a procedural item only. It is also hoped that it will not cost much.

  13. LAND INFORMATION PACKAGE: Lorraine reported on Janet's behalf that the print out for 10 to 49 acres had been requested from the accountant, but had not yet been received.

  14. CONDITION OF AFFLUENT FROM W.W.T.P.: Russ had received another letter from Steve Dolloff advising the Commission of problems with the affluent from the Treatment Plant. Russ was not sure why we were being given this information, what was being done about the problems, what is being done to prevent them in the future, etc. Vivian offered to be in touch with Steve to obtain answers to these questions.

  15. PROPOSED WETLANDS ORDINANCE: It was reported that as a result of the Public Hearing held on January 23 1990, some changes needed to be made to the proposed ordinance. A meeting has been scheduled by the Planning Board for 7p.m. on Thursday January 25 1990 to meet with members of the Commission to review the comments made at the Public Hearing and prepare needed changes. Margaret was unable to attend this January 25 meeting, and so Lorraine and Dave will do so. Margaret will prepare additional information needed by the Planning Board and will also be in touch with Celeste for her assistance. This will all be given to Lorraine in time for that meeting.

  16. ASPHALT DISPOSAL: Dave reported that disposal of asphalt can only be done in double lined containers, according to DES. It is known that asphalt is in the dirt dumped at the Balcom site, and also in fill being dumped by Public Works at our request at the Hitchiner Town Forest. Lorraine will check into this further and take the necessary actions with Mr. Balcom and Bob Courage.

Because of the lateness of the hour, the balance of the agenda for this meeting did not receive attention, and will be scheduled for the next meeting.

The next meeting will be a Public Meeting, scheduled for 7.30p.m. on Thursday, February 8, 1990 in the Town Hall.

Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of FEBRUARY 8, 1990

Present:
Russell Monbleau, Chairman
Margaret Pratt, Vice Chairman
Lorraine Carson, Secretary
Hazel Burns, Edna Silva, Janet Piche,
Vivian Barry, Selectmen's Representative.

  1. TUCKER BROOK TOWN FOREST: Hub Seward met with the members to advise them that Trailwrights planned further work on the trail system scheduled for Saturday, March 17 1990. Lorraine will call Roger Lessard for further information, and also will advise Beckie Mann of the Girl Scout group. She will also attempt to get some news coverage for the event to draw the public.

  2. MINUTES: On motion made by Margaret Pratt and seconded by Edna Silva it was voted unanimously to accept the Minutes of the January 11, 1990 and January 18, 1990 meetings as presented.

  3. WETLANDS ORDINANCE: Lorraine advised the members that there would be a public hearing on Monday, February 12 1990 for this ordinance and all members were asked to attend. She had been asked by Norm Erikson to present an introduction to this hearing. She also distributed copies of the ordinance showing the changes made since the January public hearing. Lorraine also advised that she had obtained considerable literature from Nashua Regional Planning Commission which was of great help in preparing further information to give to the Planning Board and to the public at the upcoming public hearing. Among the literature was a copy of the Merrimack River Corridor Management Plan, developed by NRPC, and for which the Commission had had to pay $10.00. Lorraine had also prepared three maps, using the latest topographical maps, to indicate where the various streams and rivers and ponds listed in the proposed ordinance lie. One of these maps will be in the Planning Board office, one in the Town Clerks office and one in our files. These maps are part of the new proposed ordinance.

  4. BUSINESS LICENSE: Russ reported on the meeting he and Lorraine had had with the Board of Selectmen on February 5 1990 to discuss this proposed means of controlling the use of existing buildings relative to wetlands and the aquifers. The Selectmen were generally in favor of the idea, but some felt that there should be no charge for such a license. It was decided that a meeting would be held between Lee Mayhew, Lorraine and/or Russ, the Fire Chief, Building Inspector, Planning Director, Steve Dolloff and Richard Mace to discuss this idea further before the Selectmen take any further action.

  5. WETLAND VIOLATION POLICY OF ACTION: Members had reviewed the draft of this policy as of November 28 1989. Lorraine advised them that in the case where the property owner refuses access for inspection it would not be wise to rely on the wetlands Board because of their work load. The members therefore decided that the policy would include in such cases that the matter be immediately referred to the Selectmen with a request for a Cease and Desist Order. Lorraine will now prepare this policy in final form and distribute copies to the members for reference.

  6. HITCHINER TOWN FOREST WORK/JIM LAWLER RECOGNITION: Margaret is in the process of completing this award, and Russ suggested that we present it to Jim at Town Meeting in March. Lorraine will check with Jim to ensure he is there and with Bob Philbrick to ensure this would be in order.

  7. WHALEN/STELLOS SUBDIVISION/WETLANDS: John Sennott and Mr. Whalen met with the Commission to discuss the preliminary proposal of a subdivision on land behind the Milford Medical Center on Nashua Street, which abuts the Souhegan River and has wetlands on site. Currently 21 building lots all of which are on town sewer and water, is proposed. It is also proposed to have about 5-2 acres of open land for conservation on the site. The site is now an open field under farming. It has a sewer interceptor running through it as well as a well pump house for the Curtis wells across the Souhegan River. The site is approximately 20 acres. There is a cart road leading into the field which crosses wetlands on site in three locations. The proposed access road to the development will cross at these same locations. Box culverts are in existence. The three crossings will have to be widened and the culverts will have to be replaced. A total of 8000 sq.ft of wetland disturbance will take place, excluding buffer zone infringement. Because of the 100 year flood plain involved in this site ' and fill therefore needed, compensatory storage areas are provided. Four areas will involve the buffer zone. A runoff treatment swale will also be in the buffer zone. The houses will be slab on grade. The Commission members made little comment ' feeling that an on site inspection would have to be made before further comments. Lorraine will try to organize this with John Sennott for next week.

  8. HAMPSHIRE HILLS SKI TRAILS: Margaret reported she still had not prepared a draft of a letter to be sent to Rick Holder.

  9. CONSERVATION CAMP: Lorraine reported she had been in touch with Tim O'Connell to find out progress for students to attend this camp either in April or June. Tim admitted he had forgotten about it, but would get right back on track. He called Lorraine the following day with two highly recommended students to attend the April land management seminar. One is Andrew Rakiey who is in tenth grade and who hopes to go to college to study land use. The other is Sarah Ferrency, 10th grade, recommended by Tim as an extremely bright and intelligent student, very interested in land management and environmental issues. The members agreed to send both students to the April seminar, and Lorraine will be in touch with Tim.

  10. JIM LAWLER/HITCHINER TOWN FOREST ASSISTANCE: Lorraine reported she had had a phone call from Jim to advise her that he was not going out of scout work, though he was not to remain as the scout master. He assured her that his commitment to the Hitchiner land remained, and that he would continue with the fencing project as well as the general upkeep of the trails and any other work he felt needed doing on the land.

  11. BALCOM BROS./WETLANDS VIOLATION: Lorraine reported that the recommendations from SCS relative to the fill in wetlands on this site had been received but she had heard nothing further from Balcom. She therefore wrote him a letter again detailing his lines of action and requesting he start the process. Notification had been received from the Wetlands Board of their receipt of our report. Relative to the dumping of fill in the buffer zone, the members asked Lorraine to write a letter to Mr. Balcom explaining that this is illegal and advising him to take the necessary action.

  12. EMERSON PARK: Relative to another committee being formed to oversee the upkeep of Emerson Park and the fact that one member of that committee should be a member of the Conservation Commission, Lorraine reported that she had heard favorably from both Dick Fisk and Bill Ferguson that a new committee be formed. Lorraine therefore suggested that Margaret Pratt be a member of this new committee, as its chairman and that Hazel Burns also be a member. She suggested she remain on the committee as its treasurer. She explained that in the past she has done all the "overseeing" herself and that the other two members would be required to do little. Both Hazel and Margaret agreed to being on the new committee. The finances of Emerson park exist in a certificate of deposit and a savings account. The names of Lorraine and Margaret will now be on the bank records as "and/or signers". Relative to very limited funds of the Park and the fact that a considerable amount of new plantings are needed to put the Park into good shape, Lorraine requested the Commission to consider permitting a maximum of $250.00 of the interest on the Nees Bequest be used to purchase plantings this spring. Margaret put a motion on the floor and it was seconded by Janet and voted unanimously in favor, to permit a maximum of $250.00 of the Nees interest to be used for purchase of these plantings. Lorraine will take care of ordering them and of organizing Dave Boissonneault to plant and water them. She will also arrange with him to pull additional dead plantings in the park in spring, and for regular summer maintenance schedule for the Park.

  13. CURTIS FARM POND: Lorraine reported Tom Curtis had given some thought to a compromised pond and had also made arrangements to meet with Dr. Kettenring on February 7 1990 to discuss the matter further. Lorraine did another on site inspection of the property on February lst, and at Tom's request, accompanied him to the Wetlands Board meeting. As a result of what Dr. Kettenring had to say, Tom decided on a 1.45 acre pond to be located in the southerly corner of the originally proposed 5 acre pond. This would reduce the impact on the wetlands, and would still provide him with enough soil to reclaim the gravel pit. It was explained to Dr. Kettenring that the photographs accompanying the original application gave the incorrect impression of the wetlands on site when the viewer had not performed an inspection of the property. Dr. Kettenring indicated that the Wetlands Board would most likely accept the new proposal, and also suggested that a letter of support from the Conservation Commission accompany the new proposal. He also stated that if the Commission requested it, the Board would most likely waive the "no third rehearing" in this case and accept this new proposal as a rehearing instead of a new application. Tom will be returning to his engineer for a revised set of plans and Lorraine will provide the needed letter from the Commission. Both she and Tom felt it was a very worthwhile trip to the Wetlands Board's office.

  14. LAND INFORMATION PACKAGE: Lorraine reported she had called the NH Coop. Extension Service for a progress report and had learned that the envelopes are all addressed and ready to mail, just awaiting the kits from the University.

  15. 1990 TREE PROJECT: Margaret suggested that she arrange for the tree still on the Hitchiner Town Forest land and scheduled for the Jacques School to be planted for Earth Day. Everybody agreed with this idea. Relative to the trees to be purchased for this year, Margaret stated that John Ferguson and she were not happy with the quality of trees from the nursery in Concord which has large trees available, and would prefer to use Cherry Hill Nursery as we have done in the past. This would mean slightly smaller trees than we had hoped to get but she felt they would be a far better quality. She will arrange for two crabapples for Osgood Pond dam site and two evergreens for the Police Station for spring planting. Relative to Hitchiner Manufacturing Co., Lorraine reported she had had a phone call from John Morrison relative to the Elm Tree Research Institute in Harrisville. She said she got the impression that Hitchiner definitely wants elm trees planted in the program, and she felt that unless we did this, the financial assistance would likely not be forthcoming. Mr. Morrison suggested she call the Institute which offers a resistant strain of elm trees. That Institute has a program whereby they supply seedlings which must be planted and tended for two years before being transplanted to permanent locations, they organize for the local Scouts to take care of the trees and give them instructions etc. They offer Liberty Elms which are resistant to road salt, have an upright growth and come with a ten year warrantee. Lorraine will call the Institute to find out further information and cost to us, and will report back. Mr. Morrison had ended the conversation by stating "When you are ready for the funds, let me know". Lorraine also reported she had been advised by John Ferguson that the Scarborough Company wished to donate a tree to the Town for Earth Day, and that they wished to erect a plaque beside it stating it was donated by that company. In preparation for the location, Lorraine had talked to Bob Courage for any suggestions he might have - he was interested in having a tree at Keyes Field provided it was a larger tree because of the many young children in that Park, and he also suggested that perhaps Bicentennial Park could do with another tree if John Ferguson agreed. Scarborough wished to plant a willow tree, but Bob was totally against that. The members were also against it. Lorraine will convey this information to John and get reports from him as to progress.

  16. WES STINSON: Lorraine reported that the Board of Selectmen had officially accepted the resignation of Wes Stinson as of January 22, 1990.

  17. TOWN BARN, SOUTH STREET: Lorraine reported that, as requested, she had done an inspection of this site with Bob Courage. She had prepared a written report of her findings as follows: The project was designed by Dufresne-Henry with considerations given to the close proximity of Great Brook; the project received all necessary State approvals; the project did not receive Board of Adjustment approval because it was the policy for town projects to be exempt from town rules; the entire property to the rear of the building addition is hot topped. This hot topped area is sloped from all four sides towards the center so that all run off is directed into as drain system located in the center of the backyard. From these drains, the runoff is lead around the building on the South Street side in an underground drainage system to a permanent grassy swale on the north side of the building, and then finally into Great Brook. The backyard is fenced off from Great Brook. Road salt is stored in a concrete building located along this fence; the building has a top topped floor which slopes away from Great Brook and towards the drains in the center of the year. Salt and sand are mixed outdoors on a hot top area to the left of the salt storage building in a corner with concrete buffer walls along two sides of the corner to prevent salt/sand from going into Great Brook. The hot top slopes towards the above mentioned drains. She reported the entire area was tidy, clean and well-maintained.

  18. TOWN WORK IN WETLANDS: As a result of reports the Commission has from time to time received from the public that whereas the public are forced to abide by town rules, the town does not follow its own rules, this issue was raised with the Selectmen by Russ and Lorraine on February 5 1990. Russ asked the Selectmen to take a stand to resolve this issue for once and for all. The Board of Selectmen voted unanimously to set a policy that whenever the Town proposes work in the buffer zone of wetlands, it will go before the Conservation Commission and the Board of Adjustment. It was stated that work in wetlands would require State approval which has always been obtained. Lorraine was asked to write a letter to Bob Courage, Mark Fougere, Norm Erikson and Jack Ruonala advising them of this policy.

  19. GREAT BROOK/LEACHFIELD PROBLEM: There was nothing further to report on this problem which had been handed over to the Health Officer. Janet Piche was asked to please be in touch with Mike Lynch for a progress report.

  20. SPACE IN TOWN HALL: Lorraine reported that it had come to the attention of the janitor, Roland Sousa, that the Commission was after the Chief of Police old office. However, this room had been assigned to Roland for storage space to include the flags for the Oval. Roland talked to Lorraine and stated that he did not wish to keep the flags in that room as access was very difficult; anything else he was to store in there could easily be stored elsewhere, and he would prefer space for the flags in the hallway of the Oval entrance to the Town Hall. He said he would talk to Bob Courage. He did, and Bob had no problem with the flags, and advised Lorraine that as far as he was concerned the Commission could have that room in the basement. On February 5 when Russ and Lorraine met with the Selectmen, this story was related together with a request that we be given that room. The Selectmen voted unanimously to give us the use of that room. However it was pointed out that no renovations had been done in there and none were planned. Russ and Lorraine stated to the Board that this was no problem; we would take care of any painting etc. that might be needed oursleves. We will have the use of this room as soon as CSI who are doing the renovations, are done with using it as their office. (Additional Information obtained after the February 8 1990 meeting: Lorraine received a phone call from Peter Leishman on February 10 advising her that Patti Horne wished to swap offices with the Commission. Lorraine planned to talk to Patti about this the following week. However, on Monday, February 12 while in the Town Hall, Bob Courage raised this issue, stating he had found out that Patti had apparently put notices on the two doors that her office would be moved to the Chief's old office, without having talked to the Commission at all. Bob Courage, in charge of Town Buildings, was very annoyed about the events, and took Lorraine to visit that room again, now vacated by CSI. He pointed out some finishing work which was needed where the walls meet the ceilings and stated his men would be doing this as it was not in the renovations budget. Lorraine again advised Bob Courage that the Commission wanted this room and not any other in the basement. The room Patti Horne wished to give us would put our office directly opposite the Welfare Waiting Room in the basement and would provide little privacy unless our door was kept closed.)

  21. BURNS LAND/LCIP: Margaret reported that Mr. Bramley still had not done the updated appraisal work for which she had long ago asked. She had been in touch with his office several times to no avail. She will continue to try because the matter is becoming urgent now. She had found out that this work will cost about the same as the original appraisal (about $4,000). Russ stated he would also be in touch with Bramley's office in an attempt to get things moving. Relative to the needed title search on the Burns land, Margaret reported that Tom Enright whom she contacted for this work, was also the attorney for the Burns, and though he felt there might be a conflict of interests, he was still prepared to do the title search and at no charge to the town. Members asked Margaret to be back in touch with Mr. Enright to request the work be done immediately. Margaret advised that LCIP also want to know if a title search was done on the Rotch land. Lorraine will take care of this issue and will give Brenda Lind the information needed.

  22. HITCHINER TOWN FOREST/SCHOOL SITE: Russ stated that he had recently talked to the Selectmen (at a meeting when a quorum was not present) regarding the on-going suggestions by the Selectmen that this land would be a site for consideration relative to a new school. He expressed to the Selectmen his opinion that this was an impractical site because of distance from center of town, no sewer, no water, solid granite subsurface, narrow roads leading to the land, etc. The selectmen present at this discussion, namely Richard Mace and Peter Leishman, agreed with Russ that this was an impractical site. At our meeting of February 8 1990, Vivian Barry also agreed that this was an impractical site for a school. It is hoped that this is an issue that will not be raised again for a school site.

  23. EARTH DAY: Lorraine reported that Joanne Turner of SCS is working with Scarborough Warehouse in an effort to get "something" going for Earth Day in Milford. She had hoped to do a considerable amount, but had learned in the process that it was something that would require more time and manpower than what was available. However, she did request that a warrant article be submitted to Town Meeting for a vote of support from the citizens of this day. Lorraine has done this and the Selectmen have accepted that article. Joanne had also provided a petition for same, in case the selectmen did not accept the article.

  24. WETLAND ISSUES: Lorraine reported she had ordered and had received some of the wetlands publications we had agreed to purchase. She will review them and report in time. She also reported she had written to D.E.S. for a subscription to "Environmental Bulletin" but to date had heard nothing further. Relative to our response to the Wetlands Board, Lorraine presented members with a new draft of a simplified Checklist for their consideration. It had been found that the previous Checklist for Dredge and Fill issues was too long and complicated and also was little used. The new draft follows the requirements for comments by the Wetlands Board. Applicants will be requested to complete the new form, once approved, and it will be the basis for our report to the Wetlands Board. For subdivisions of four or more lots, the Wetlands Board requires the Dredge and Fill Permit be recorded at the Registry of Deeds. In making inquiries from that Board as to how this is handled, she was advised that it is the responsibility of the applicant to record the Permit, but the Wetlands Board does nothing in the way of checking this has been done. On the new Checklist, this information is required as the last item, and it will simply fall upon the Commission to follow up on this. Lorraine will take on this job and "hound" the applicant until this information is in hand. As another means of obtaining recording of the permit, it was suggested that Lorraine talk to Mark Fougere and/or Bob Millard regarding perhaps holding up issuance of the building permit until the recorded information is in hand.

  25. CARL CHAPPELL/WETLANDS VIOLATION: Lorraine reported that although she had written a letter to Mr. Chappell giving him guidelines as to what to do relative to permits etc., she had heard nothing further. Hazel stated that the Chappells are working on a history of the drainage situation on their land. It was agreed to give them another two weeks to take action and if not, then Lorraine will be in touch with them again.

  26. CONDITIONS OF AFFLUENT/W.W.T.P.: Vivian Barry reported she had made inquiries regarding why we receive notification of the condition of the affluent and what we should do about it, and stated we need just to file the notifications. Russ did not accept this response, adding that the Treatment Plant advised us of a violation of their permit, that they have broken the law, and we cannot accept this as "everything is okay". Vivian will talk further to Bob Courage, and will arrange for him to meet with us at our next meeting to discuss the issue further.

  27. ASPHALT DISPOSAL: Lorraine reported she had been in touch with D.E.S. regarding the laws applying to this issue, and was advised as follows: that asphalt is not considered a hazardous waste material, but rather a solid waste material; as a solid waste, it must be disposed of in a licensed land fill or at a site holding a demolition materials dumping permit; in small quantities, DES did not feel there was a problem in it being part of fill used such as at the Hitchiner Town Forest; in a mature condition, asphalt is of little danger as a pollutant, but in fresh form will leach out into the soils various oils which can pollute ground water. DES provided the Commission with a copy of the State Solid Waste rules and regulations.

  28. DR. A. LAW/CONSERVATION ISSUES: Lorraine reported that on January 25, at the request of Dr. Law, she had met with him in his office to discuss various conservation issues pertaining to activities on the George Infanti property which abuts his private land, and a letter he had sent to the Selectmen on January 11 and to which he had not received a reply. Some of the issues in that letter concerned Planning Board and/or Board of Selectmen subjects, and Lorraine made inquiries in both offices and advised Dr. law accordingly. One of the issues that did concern us was the apparent dumping of tree stumps on the Infanti site. From John Ferguson, Lorraine learned that the State recently decided stumps buried were not as much of a pollution problem as originally thought, and had created a new law permitting stumps generated on site to be buried on that site but that the burial location must be 75 feet from any water supply well and a site plan showing the burial site must be filed with DES. She had advised Dr. Law of this, and is in the process of attempting to find out from DES if indeed such a site plan was filed by Infanti. In another issue, Dr. Law expressed the deep desire to provide protection for his house and property for eternity, his house being a National Monument, and also he did not wish to ever see his lands under development. Lorraine discussed with him something along the lines of agricultural land development rights and sent him a copy of Carl Holland's deed. She also advised Dr. Law of the Land Information package, and he would appreciate receiving a kit as soon as available. She will ensure he receives a kit.

  29. ROLAND SPRAGUE/WETLANDS: Lorraine reported that notification had been received from the Wetlands Board that the Dredge and Fill permit for maintenance work on this property had been denied because there were no findings of demonstrated need for the proposed work, and the Board also felt that it could increase flow to downstream abutter and drain adjacent wetland. This letter also made reference to 9,000 feet being involved, whereas that footage had been reduced as a result of our intervention. She also advised the members that the Board of Adjustment had granted a special exception for the work, but they also had some concerns such as the fact that one member of that Board had been advised by Mr. Sprague two years ago he was planning on draining and building a subdivision on the land, which Mr. Sprague now states is not his plan. Sprague stated the purpose is now strictly for maintenance only. The Board of Adjustment also made it clear at their meeting that the Commission gave permission strictly for maintenance and no other activity. Lorraine also reported she had been advised by the Planning Board office that today that office had received a phone call from the EPA office regarding the proposed work, their concern being that the stream involved finds its way under the Fletcher Paint Works building on Elm Street, a site that is now under the jurisdiction of the EPA Super Fund. (Additional information obtained after this February 8 1990 meeting: On February 9 1990, Lorraine received a phone call from Mrs. Sprague relative to the Wetland Board denying the permit. Mrs. Sprague stated that letter mentioned the 9,000 feet and asked Lorraine why. The reason why is that the Spragues filed a Dredge and Fill application before meeting with the Commission, and after meeting with the commission the distance involved in the maintenance was reduced but apparently no amended Dredge and Fill was filed with the Wetlands Board. Mrs. Sprague then referenced the denial and questioned Lorraine as to whether, politically speaking, she felt Mrs. Fletcher was responsible for the denied permit. Lorraine responded by advising Mrs. Sprague she knew nothing whatsoever about such a suggestion.)

  30. WETLANDS BOARD/MCC/OPPOSING ACTIONS: Russ raised the issue that of late Commission had recommended issuance of Dredge and Fill permits in a few cases where the Wetlands Board had subsequently denied the permit. Two cases as examples - Curtis farm pond and Sprague maintenance. He felt that the Commission should look more deeply into applications in future, learn from the Wetlands Board's decisions, and make stiffer decisions in new applications. He also referenced Badger Hill where we had some concerns with some wetland involvement but let the developer have his way only for the Army Corps of Engineers to come along and demand a change which ended up supporting our original desires.
Because of the lateness of the hour, the balance of the agenda did not receive attention. The unfinished items will be transferred to the agenda for the next meeting to receive priority attention.

Thursday, March 1, 1990 at 7.30p.m. to discuss among other issues, a line of action for Town Meeting.
Thursday, March 22, 1990 at 7.30p.m. regular monthly Public Meeting (This is being moved from the second Thursday of the month because the secretary will be on vacation that week).
Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Minutes of Work Session of MARCH 1, 1990

Present:
Margaret Pratt, Vice Chairman
Lorraine Carson, Secretary
Hazel Burns, Edna Silva, Celeste Barr
John Ferguson, Alternate
Vivian Barry, Selectmen's Representative

  1. MINUTES: On motion made by Hazel Burns and seconded by Edna Silva, the minutes of the February 8, 1990 meeting were accepted as presented.

  2. CONDITION OF EFFLUENT FROM W.W.T.P.: Steve Dolloff, Head of the W.W.T.P., met with the Commission to explain and discuss the monthly report he provides on the condition of the effluent, as required by State law. This report often contains violations of the permit. Steve explained that this new law was designed to warn of violations but because of the way it was worded, it requires even the smallest violation to be reported. There is apparently discussion in Concord, to reword this law to avoid the paper work it has created for minor violations. The law also does not require the degree of violation to be reported. Relative to the pH violations, Steve explained that this is seldom high in error, and is rectified by adjusting the air in the system. Relative to the chlorine residual, he explained that the permitted mg per litre is set by the E.P.A. and is based upon the nature of the water into which the effluent passes. With ours going into the Souhegan River, a value of 0.7mg/litre has been set as the permitted level. This figure has been reduced from previous values as more knowledge is acquired. With the type of equipment we have, it is almost impossible to attain the required level, and Steve has requested a waiver from the EPA. He is still awaiting a response from them. If the permission is not granted, it will mean having to install additional equipment at the Plant which would be a great expense to the Town. On the other hand, if the EPA grants the waiver, Milford would no longer be in violation relative to the chlorine residual. After the discussion, the members generally felt that there was no real problem at the Plant and agreed with Steve that the wording of the law should be amended to cover large problems, and not the very minor ones normally experienced at our treatment plant.

  3. HOUSE BILLS: Various house bills covering conservation commissions, conservation easements, current land use, the right to know law, and wetlands were reviewed. Vivian was asked to report back on the status on bills numbered HB1417, 552, 1115, 1381, 1173, 1196, 1251 and 1503.

  4. CARL ANDERSON/WETLANDS/MASON ROAD: Lorraine reported she had had a call from Mrs. Ande-rson advising that as a result of further interference by Rep. Dave Wheeler, State permits for their new house on Mason Road had been pulled. The result was that the house is completed and ready for occupancy but cannot be used because there is no longer an effective permit for the septic system. Mr. Wheeler had also apparently advised the Wetlands Board that as a result of the culvert put in on the Anderson property, his property was suffering from backed up water. At the request of the Andersons, Lorraine did an on site inspection of the property on February 1, at which time photographs were provided by Mrs. Anderson of the stream beyond the culvert. Lorraine reported that she could find no cause for Mr. Wheeler's complaint. While on the on site inspection, Mrs. Anderson pointed out a wetland area lying between the culverted stream and the Anderson/Wheeler property line. From under Mr. Wheeler's adjacent driveway and flowing into this stream, Mrs. Anderson reported a liquid was frequently seen, often with a foul odor. She provided a copy of Mr. Wheeler's septic system plan which shows the septic system approximately 35 feet from this wetland. On that plan, this wetland was not indicated. It was agreed that Lorraine would talk to the Commission members and then report this violation to DES. Before the Commission met again, Mrs. Anderson called Lorraine to request that nothing be done about this until their permits are back in place. This was at the suggestion of their attorney. The members agreed with this and asked Lorraine to make a note to call the attorney within a couple of weeks for a progress report.

  5. THURSTON WILLIAMS/MILE SLIP ROAD: Lorraine reported this case had come before the Board of Adjustment and that Board had supported our concerns. They had granted permission for Private Way #1 to serve three lots, thus eliminating the need to cross wetlands to reach back lots. They had had Private Way #2 totally removed from the plan. This was the one that lead to the wetland crossings to the back lots. They also made the decision that there would be no further development on Lot 21-4 which currently serves as the OK Tool Lodge site. This was also one of our requests.

  6. TUCKER BROOK TOWN FOREST: It was reported by several members that the sign for this site on Boulder Drive had been moved to closer to the road, which made it much more visible. Members were also reminded to take part in Trailwrights work session on March 17, to meet at 8.30a.m. on Boulder Drive. Lorraine also advised members she had provided Roger Lessard with information on the Sullivan conservation land and the Meadowbrook Conservation easement, both of which lie across Whitten Road from the Burns land, and she had requested Trailwrights to review this for possible further trail extensions.

  7. WETLANDS ORDINANCE PUBLIC HEARING: Lorraine gave a report on this hearing and what changes were offered. The ordinance as it stands will go to Town Meeting with the full support of the Planning Board. Celeste stated she had heard that a petition was being circulated for Town Meeting which is against the 50 foot buffer zone. If this is presented at Town Meeting a 2/3 vote will be required.

  8. BUSINESS LICENSE: Lorraine reported that the joint meeting of department heads and representatives of the Commission will not be scheduled until after Town Meeting to discuss this proposed license. It was felt that perhaps once everybody knows who takes care of what that this may not be needed, but the problem still remains of finding violators before they are violators.

  9. JIM LAWLER AWARD: Margaret reported this award is completed and ready to present. Lorraine reported she had not been able to reach Jim. Now he is on vacation, and next week she will be on vacation. Margaret agreed to call Jim next week to make sure he will be at Town Meeting and that he will be in agreement with the award being presented then. Lorraine had been in touch with the Town Moderator who was willing to make time for this presentation.

  10. WHALEN/STELLOS SUBDIVISION/NASHUA STREET: Lorraine reported she had done an on site inspection of this property on February 21, but found the ice and snow cover was such that the wetlands on the property were almost totally obscured. She advised Mr. Whalen who was present at the on site that it would have to be done again once the snows melted. He was in agreement with this. He also indicated to Lorraine that he was interested in donating to the town various pieces of open land on the property which will result from the subdivision and will be talking further to the Commission about this. Margaret expressed concerns about these small pieces of land being donated to the Town and the liability they could mean.

  11. HAMPSHIRE HILLS SKI TRAILS: Margaret presented the draft of a letter she had prepared to be sent to Rick Holder of Hampshire Hills requesting remedial actions be taken at the wetland crossings. It was suggested that a dead line be put into the letter and at Margaret's recommendation, the date of July lst will be used. Lorraine will type the letter to Mr. Holder.

  12. CONSERVATION CAMP: Lorraine reported that although she had been in touch with Tim O'Connell several times, she still did not have the application forms for the two students attending the land seminar in April. Because of the time constraints, she requested permission to make payment for this as soon as the application forms are received. Edna put a motion on the floor and it was seconded by Margaret and voted unanimously to authorize Lorraine to make payment in full for the two students as soon as the application forms are received.

  13. BALCOM BROS./WETLANDS VIOLATIONS: Lorraine reported that in response to the letter to Mr. Balcom urging him to commence actions on the violations, she had received a phone call from Mr. Balcom advising that he had had several personal problems which had prevented him from beginning the process. He would, however, be making a start by mid March.

  14. EMERSON PARK: Lorraine reported that whereas the Commission had authorized an amount not to exceed $250.00 for plantings for the Park, the total amount needed was $227.97. When the Nees Bequest Certificate of Deposit comes due on March 13, she will obtain a check for this amount and send off the plant order.

  15. 1990 TREE PROJECT: Lorraine reported that at John Morrison's suggestion she had contacted Elm Research Institute and had obtained a complete set of the literature they supply. In order to purchase trees, annual membership is required, and based upon population, Milford's cost would be $300.00. This would purchase 100 Liberty Elm trees of about 1 to 2 feet in height. We would be required to provide land space as a nursery and the Institute would contract and train the local scouts to plant, maintain the nursery and assist in eventual transplanting. In 2 to 3 years the Institute states, the trees will be ready for transplanting and will be 6 to 8 feet in height and 1 to l-2 inches in calibre. The trees come with a 10 year guarantee. With this information she obtained John Ferguson's opinion. Present at this meeting, John stated he was not totally happy with the Institute. The State Extension Forester also did not have a good opinion of the project. John added that usually the Dutch Elm Disease does not bother the trees until they are about 10 years old, and so the guarantee did not mean much. It was also felt that 100 trees were more than we could place, and the work involved in transplanting this many trees would be enormous. Margaret stated that the accepted survival rate for trees raised in a nursery is 90%, which raises further questions about the guarantee. She was also concerned about the fact that these trees would need pruning during their stay in the nursery, and also some root pruning would be needed because of having to be transplanted. The plot would have to be prepared in advance, and kept weeded and fertilized. Questions were also raised about the security of planting them in the Hitchiner Town Forest fields relative to vandalism. Edna expressed the opinion that it seemed to be a lot of work for not very sure return. The members also felt that because of the constantly changing membership in the scout groups, it may be wise to have scout masters and members of the Commission trained also, to care for the trees. John felt that it may be worth a try if we could get far fewer trees for far less money, but Lorraine's inquiries proved that 100 trees is the minimum. Celeste expressed the opinion that she felt these trees were more successful than generally thought, having purchased a few herself which were doing well. She had visited the Institute and had also called them today for the information package they supply. It was not known at this time if the scout groups would even be interested in taking on such a project, but Hub Seward, present at this meeting, will make inquiries and report back. Margaret stated she would shortly be meeting with an individual who is a national authority on tree diseases, and she would obtain his opinion. It was decided to take no further action until this opinion is in hand.

  16. GOVERNOR'S TASK FORCE ON SHADE TREES: Lorraine related she had received a request from this Force for information on our planned activities for Arbor Day. As we have no particular plans for that event, she provided details of our Tree Project since its beginning.

  17. WORK IN WETLANDS: Several issues related to this were discussed.
    re: Town Policy/Own Rules: Lorraine reported that when she and Russ met with the Selectmen on February 5 the Board took a unanimous vote to establish the policy that the Town will observe its own rules when doing work in wetlands. This fact did not appear in the Minutes of that meeting and she write to Dick Mace requesting the minutes be corrected. To date this has not been done. Vivian said she would ensure that those Minutes are corrected. The Commission felt this is a sensitive issue and feels it is very important that that decision of the Selectmen be in writing.

    re: New Checklist: Review was made of the checklist prepared by Lorraine based upon information she had learned is required by the Wetlands Board in responses from a local level on Dredge and Fill Applications. Much discussion ensured over the new checklist. Lorraine explained that it was developed to take care of both large and small wetland cases. It was explained that when possible the engineer for the project would complete the checklist, with the Commission reviewing same to ensure it is done to our satisfaction. In the case of a private individual, he would be given all necessary assistance from the Commission. Not all of the items included in the checklist would be needed for every case. The members expressed satisfaction with the draft, and Lorraine will prepare same for distribution.

    re: Recording of Dredge and Fill Permits: With the new law, these permits for subdivisions of four or more lots are required to be recorded with the Registry of Deeds prior to being valid. Lorraine reported she talked to Mark Fougere about how best this could be done. Mark advised her that he personally submits all plans, permits etc. to the registry for subdivisions and does not submit until he has all the needed documents in hand. He will now wait until the Dredge and Fill Permit is in hand too, before making the recordings. Lorraine had put this in writing to him and had copied various other departments in order to spread the word. Lorraine will keep track of getting the book and page numbers from Mark and enter this information on the new checklist for each case.

  18. GREAT BROOK LEACHFIELDS: Lorraine reported she had yesterday met Mike Lynch in the Town Hall and was advised that he had been in touch with a State representative stationed in Milford. He will be doing an on site inspection of the leachfield and Mike will report to us once he has that report in hand. Mike did tell Lorraine that the condominium in question is currently unoccupied.

  19. SPACE IN TOWN HALL: Members were brought up to date with events on this issue since our last meeting. During that time, Patti Horn had decided she wanted the Police Chief office and that we could have the room originally assigned to her. She met with the Selectmen on this issue and advised them the change over was with the support of the Conservation Commission. This was totally untrue, and Lorraine reported that she and Patti had a conversation of only seconds on this issue during which Lorraine had advised Patti the change was not acceptable. However, the selectmen abided by Patti's request, and she had now been given the Chief's room and we have the smaller one she was in. Russ had written a letter to the Selectmen regarding this, and had requested they enforce their earlier vote, all to no avail. Vivian admitted that the selectmen had made the decision based upon untruths told them by Mrs. Horn, and that they had also measured both rooms finding the smaller one some 6 sq.ft. less than the Chief's office. Vivian felt this room had enough space for all of our equipment, files, map case, desk etc., and had enough space left for 5 or 6 of us to meet in there if needed as well. The members remain dissatisfied with the handling of this issue by the Selectmen and the fact that even after they found out they had been given totally wrong information by Mrs. Horn, they abided by their decision to go along with her request. Lorraine also raised the issue that with the new key system in the Town Hall, and the fact that the door to the Meeting Room is permanently locked, the Commission has no access to the copy machine nor its "office" over weekends, if needed, nor at night. Vivian said she would try to get the needed keys for us.

  20. BURNS LAND: Margaret reported she expected to have the title search in hand within the next day or two. Lorraine reported she had given Brenda Lind the title information on the Rotch parcels, and had followed this in writing. Russ who was unable to attend this meeting, had reported to Lorraine that he has been in touch almost daily with Scott Heath of Bramley's office, and had the poor news that it was unlikely that the re-appraisal information would be done by the time LCIP meet on March 12. If we do not have the needed information in time for March 12, the case will not be discussed until LCIP meet next month. John Ferguson and Margaret had prepared a letter to LCIP relative to the timber rights on the property and had prepared the draft of an agreement between Bill Burns and the Conservation Commission on the same subject. This Lorraine will type on our letterhead, and mail it to Margaret who will then get both the signature of Bill and Russ and then send it to LCIP.

  21. EARTH DAY: Lorraine reported she had been contacted by Joanne Turner who is heading a group to organize activities for Earth Day, and she will give a talk on town conservation land particularly those parcels with trail systems. For this purpose she had prepared one of the composite maps of Milford to identify the lands in question. She will also give a talk on wildlife rehabilitation. Celeste stated she is working with Joanne on Earth Day activities and one of the many things being planned is, hopefully, a setting up of booths. If this happens, Celeste hopes to present a booth of possibly EPA activities, and it is hoped the Cosnervation Commission can set up a booth as well. We await further news on the booth plan before making further arrangements.

  22. CARL CHAPPELL/WETLANDS VIOLATION: Lorraine reported that as of February 28, she had heard nothing further from Mr. Chappell relative to his starting the process needed for the work he has done illegally in wetlands on his property. She therefore dropped him a line asking him to begin the process as soon as possible.

  23. NASHUA/MERRIMACK JOINT MEETING: Notification had been received that the two conservation commissions from these towns were organizing a meeting of commissions from surrounding towns to discuss mutual issues. This is scheduled for 7p.m. on Monday, March 12 1990 in the Nashua City Hall. Those members who have the time are asked to attend and report back.

  24. SPNHF CONSERVATION LAND INFORMATION: Lorraine received a request from SPNHF to provide them with a map of conservation land in Milford. This she did by using an old composite map of Milford. This is to form part of a large map being developed as part of the Earth Day activities in Concord. A seminar is also planned for April 28 and 29. More details of this will be available soon.

  25. BUDGET/WARRANT ARTICLES FOR TOWN MEETING: It had been planned to discuss these issues at this meeting and make plans as to who would talk on what. However, with Russ and several other members not being present, Margaret suggested that she organize a short meeting for March 8 to discuss this. Lorraine reported that when Russ called her this evening, she had reviewed with him details he needs to know to talk in support of the request for funds to survey the town land at the Fish Hatchery. The remaining warrant articles were reviewed in preparation for March 8. Lorraine also advised members she would not be available to speak on any conservation matters as she will be taking the minutes of Town Meeting. She will also be away on vacation next week and therefore unable to attend the March 8 meeting.

There being no further business to come before this meeting, the meeting adjourned at 10p.m. The next meeting will be at 7.30p.m. on Thursday March 22, 1990 in the Town Hall. This will be a public meeting.

Respectfully submitted, Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of MARCH 22, 1990

Present:
Present: Russell Monbleau, Chairman Margaret Pratt, Vice Chairman Edna Silva, Janet Piche Lorraine Carson, Secretary

  1. MINUTES: On motion made by Margaret and seconded by Edna, the Minutes of the March 1, 1990 meeting were accepted as presented.

  2. TUCKER BROOK TOWN FOREST TRAIL SYSTEM: Hub Seward reported that on March 17, 1990 approximately one more mile of trail system was prepared with 9 Milford residents taking part as well a members of the scout groups. No member of the Conservation Commission was present. He stated the trails needs to be measured and blazed and he will arrange for the scouts to do the blazing. Hub raised the subject of updating the brochure which contains a map of Tucker Brook area and including this trail system on it. He also suggested he would see if a scout would do a survey of the trails as a merit badge project. It was decided because of budget cuts this year, that the brochure would be worked on in 1991. An excellent report of the activities was in the Nashua Telegraph, written by Andrew Wolfe, who also took part in the preparing of the trail.

  3. JIM LAWLER AWARD: It was reported that arrangements had been made with Jim to present this award sometime in April at the Hitchiner site. Margaret suggested that we wait until June when there will be a camporee at the Hitchiner Town Forest, and arrangements will be made to have a reporter present.

  4. SUMMER CAMP/LAND SEMINAR: Lorraine reported that she had sent payment for one student to attend the land seminar in April, and had also written to the parents to establish better communications. She had again been in touch with Tim O'Connell asking for one more student either for the seminar or for the camp in June. Hub Seward said he would also try to find another student.

  5. 1990 TREE PROJECT: Margaret reported that it is hoped to transplant the tree from the Hitchiner Town Forest to the Jacques School on April 19 in conjunction with Earth Day projects. She also reported having difficulty in obtaining the trees needed for the 1990 plantings from one nursery in order to avoid having to pick them up from several different ones. She also reported she had not yet been able to reach Dr. Alec Shigo relative to his impressions of elm trees from the Elm Research Center.

  6. BURNS LAND: Lorraine reported that she had sent the timber cutting rights agreement between the Commission and Harlan Burns to LCIP, together with the Certificate of Title to this property. It was understood that the new appraisal had also been sent to LCIP by the appraiser himself. To date, his invoice has not been received. Russ stated that the Burns land had now been appraised at $475,000 mainly because of the change in the economy of the area. The Rotch piece had been appraised at $135,000 because with town water and sewer available for this property, an additional development lot would be possible. Lorraine reported an invoice for $400.00 had been received from Griffin & McKenney for the Burns Certificate of Title. On motion made by Janet and seconded by Edna, it was voted unanimously to pay this invoice from the Conservation Land Fund when the Certificate of Deposit matures at the end of the month.

  7. EARTH DAY: With Celeste not present at this meeting, it was not known what progress is being made relative to booths being available. Lorraine reported she will be giving a talk on the Conservation land trails and also on wildlife rehabilitation at 7.30p.m. on Monday, April 30 1990.

  8. OAKLAND HEIGHTS/WETLANDS: Phil Tuomala, Libby Anderson and Al Stevens met with the Commission to discuss the proposed development off Osgood Road. Located directly opposite the Middle School, this 7 acre parcel is to be subdivided into 15 lots. A mobile home stands on one of these lots, which is scheduled to be removed; another lot has a house on it. There will be wetland crossings for the roadway and three driveways. It is proposed to join Osgood Road and Oakland Drive with a roadway through this parcel. There will be 12" culverts under the driveways and roadway which will be raised in order to delay the run off of stormwater. The stormwater runoff will be lead to a retention pond on site and from there it would flow over the pond lip and into a level spread, finally reaching a drainage ditch in existence off site. The total wetland area on the site is 32,500 sq.ft. involving Class 5 soils. The wetland is isolated with no stream in or out. Libby Anderson stated there is sandy soil on the site with the wetland having a n indistinct channel running down the middle. Within the wetlands there are small humps of dry areas. The function of the wetland is storage of water, which it is doing now. Mr. Tuomala explained that the natural flow of water on this site is from Oakland Drive towards Osgood Road, and felt that development of this site would not cause water problems to existing homes on Oakland Drive. (Russ reported having had communications with some property owners expressing concerns because they already have water problems in basements). Mr. Tuomala stated that water from a 25 year storm would stay on site. There is no evidence of run off of any kind from this site. In July and August, it was stated, there is usually no standing water on the site, but the wetlands are soggy. It was established that the foundations of most of the proposed homes will be 3-2 to 4 feet into the ground only because of the high water table. Russ Monbleau stated that the Commission's concern is that development of this site would have a major impact on the wetlands. He suggested alternatives to be considered to reduce this such as shared driveways or private ways or dead end streets from Oakland Drive and from Osgood Road. This would result in a reduction of lots in the subdivision. He also pointed out that the A.C.E. has jurisdiction over all wetlands. He recommended, and was supported by members present, that the engineers take another look at the site and perhaps redesign the development in order to reduce the impact on the wetlands. It was the opinion of the Commission that the plan as presented would not be acceptable to the Wetlands Board. Russ suggested Mr. Tuomala talk to Mark Fougere relative to using private ways to reduce the impact. The Commission will recommend to the Wetlands Board that a Dredge and Fill permit not be issued for the plans as proposed now. Lorraine will write to both Mr. Tuomala and the Wetlands Board conveying what was discussed at this meeting.

  9. MILFORD COOPERATIVE BANK/AQUIFER/50' BUFFER ZONE AT SOUHEGAN RIVER: John Sennott and Dick D'Amato of the Milford Cooperative Bank met with the members to discuss a proposed branch of the Bank at the junction of Elm Street as it runs into Wilton Main Street and Route 101 West. This location abuts the Souhegan River, and is also over the aquifer. With the new Wetlands Ordinance now in effect, a 50 foot buffer zone is involved in this project. The Commission had no problems with the proposed development relative to the aquifer, but the building will be right on the edge of the 50 foot buffer zone. A retaining wall around the parking area will be well within the buffer as well as the parking lot itself. In discussion, the engineer was requested to preserve as many trees along the river bank as possible. Lorraine expressed a desire to do an on site inspection prior to making any decision relative to the 50 foot buffer zone. It was decided that at least four members would do an on site inspection at 5p.m. on Thurs day, March 29 1990. A decision would be made at that time as to what to recommend to the Board of Adjustment.

  10. SOUHEGAN RIVER BRIDGE: Lorraine reported that a Dredge and Fill application had been filed by the State Dept. of Transport for the new bridge on Elm Street to replace the old Iron Bridge. She had made an on site inspection on March 13 1990 with the Project Manager, and had no problems with the work proposed. The general opinion of the Commission was that it is not anything we could object to with any degree of success even if we wanted to. Lorraine was asked to recommend issuance of the Dredge and Fill permit to the Wetlands Board.

  11. DAM REGISTRATION FEE: Lorraine advised members that an annual registration fee in the amount -of $50.00 was due on the Hartshorn Pond Dam, which dam is considered Conservation Commission property. This is a Class A dam. On motion made by Margaret and seconded by Janet it was voted unanimously to authorize Lorraine to pay this fee.

  12. EDUCATIONAL CONFERENCES: Lorraine requested permission to attend the annual meeting of the Hills. Cty. Conservation District at which a lecture will be given on the status of New Hampshire Rivers Management and Protection Program. The fee for this, which includes dinner, is $10.50. On motion made by Janet and seconded my Margaret it was voted to authorize Lorraine to attend this meeting, pay the fee, and report back to members. Margaret will also be attending but as an employee of the County. Also, on May 5 there will be a workshop on community resources in Derry. Margaret will also be attending this as an employee of the County. A similar workshop is scheduled for April 28 in Keene. Nobody will be attending this.

  13. MEMBERSHIP FOR 1990: Discussion took place relative to members' terms that would expire at the end of March 1990, namely Hazel Burns who did not attend this meeting, and Lorraine Carson both for full terms, and John Ferguson as an alternate. Rumor had it that Hazel would not be willing to serve a further term on the Commission. Russ stated that Dave Andrews who is currently an alternate, had indicated he would not want full term at this point in time because of his business load. It was not known if John Ferguson would be prepared to serve again. Lorraine will call Hazel, John and also Joe Zadrosny. Hub Seward indicated he would be willing to serve on the Commission, and he was requested to submit an application to the Board of Selectmen as soon as possible.

  14. LAND INFORMATION KIT: Lorraine reported that the various printouts of properties 50 to 100 acres, 10 to 49 acres, and a combined list of all properties over 10 acres were in her possession. She worked on the combined list with the objective of grouping property owners to facilitate the members visiting them to review the kits. In the process she found innumerable errors in the list, to the point where the list as it stands now is useless for our purposes. The Assessing Clerk is currently on vacation, but as soon as she returns, Lorraine will do what she can to have this list corrected. She felt that as the list now is, there is nothing further we can do about distributing the kits to property owners because we don't really know who they are.

At this point in the meeting, two members had to leave, which meant a quorum was not present, and so the meeting was closed at 9.45p.m.
The balance of the agenda will be covered at the next meeting which will be Thursday, April 12, 1990 at 7.30p.m. in the Town Hall.

Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of APRIL 12, 1990

Present:
Margaret Pratt, Vice Chairman
Janet Piche, Edna Silva, Celeste Barr,
Robert Wisniewski and Hub Seward as new members
Lorraine Carson, Secretary

  1. MEMBERSHIP: On April 9 1990, the Board of Selectmen met with prospective new members for the Commission and made the following appointments: Robert Wisniewski, full membership for two years Hub Seward, full membership for 1 year John Ferguson, alternate for 1 year. As a result of the terms of office chosen by the Selectmen, which was not in accordance with our recommendations, the terms of office of all commission members expires within the next two years with no carry-over members. As a result of Lorraine being an employee of the Commission, the Selectmen chose not to renew her term. She is instead designated as the secretary and conservation assistant. She pointed out to the members that as a result of no longer being a member, she would not be performing any volunteer work for the Commission as she has done on an almost weekly basis to date. This will mean additional funding will be needed for paid. hours only and/or other members will have to pick up additional work loads. Because only $6,300 is in the budget for this position for 1990 at an average of 15 hours per week, it was decided to retain the assigned funds in our Operating Budget in the amount of $1,500.00 for any overage that may occur in this paid position. Lorraine provided each member present with a list of member names and addresses and phone numbers in a "round robin" fashion to be used in getting messages to all members telephonically. Lorraine will now advise the NHACC of the new list of members.

  2. TOWN MEETING RESULTS: Lorraine reviewed the results of Town meeting with the members and the following actions were taken:
    1. Wetlands Ordinance: Copies of the Ordinance as of March 1990 were given to each member for reference.

    2. Burns Land/LCIP funds: This land, once final transfer takes place, is classified as Town Forest.

    3. Mayflower Conservation Land: This land is now also classified as Town Forest. Lorraine also reported that she and John Ferguson had done some work on marking the boundaries of the property, with only the boundary along the Shady Lane houses to be marked, plus the land of the Mayflower Hill Standpipe property. She reported that Trailwrights will be checking into designing an entrance trail through the standpipe land from Shady Lane. Lorraine will also be in touch with Beckie Mann to find out for certain just how much time and effort her girl scout group wishes to do in the way of creating new trails on this town forest land. As a result of the work she and John did in marking the boundaries, she learned that there is considerable opportunity for additional trails. Lorraine will report back as soon as she gets a definite answer from Beckie. Sign for Mayflower Hill Town Forest: Lorraine put forward the idea that we prepare a sign for this land to be erected on Shady Lane once the new trail entrance is created. After discussion of same, Bob Wisniewski offered to prepare a routed sign on Redwood himself, to be lettered on one side only. Janet put a motion on the floor and it was seconded by Edna and voted unanimously to reimburse Bob for any expenses incurred in this project.
      The sign is to read: MAYFLOWER HILL TOWN FOREST.

    4. Land Fund Appropriation: Relative to requesting the amount of $50,000 appropriated at Town meeting, Lorraine had learned from the accountant that the end of July would be a good time to request these funds. By that time, tax monies will be available. Lorraine will obtain these funds then and deposit them into the Land Fund.

    5. Currant Land Use Penalty: Our request for the penalty for change of use was denied at Town meeting. However, it was the Commission's desire to bring this up at the 1991 Town Meeting again.

    6. Town Land at Fish Hatchery: The request for $3,925 for a survey of this land was denied at Town Meeting. Lorraine advised members she had conveyed this in writing to Dennis McKenney who was to do the work. She also reported that in a discussion with Russ, both he and she were in favor of paying for this survey out of Accumulating Funds which account currently has a balance of approximately $8,500.00. The Commission discussed this at length, and made the final decision that, with the possibility of one of the Hatchery's wells being on this land, some information should be obtained from Fish and Game Department as to its interest in purchasing this property once surveyed. Celeste also put forward the name of an individual interested in serving on the Commission who is the town planner in Keene and also a surveyor. She will be in touch with him to ascertain his interest or willingness to do this survey for us.

    7. Budget: As part of the Selectmen's Budget, an amount of $6,300 had been appropriated for conservation assistant wages. Lorraine reported that as a result of under appropriation of the Town Budget at Town Meeting, Lee Mayhew had asked her to find out where the Commission could afford cut backs. Because we received a considerable cut back in 1989, the members felt that we would retain this entire amount for 1990.

    Operating Funds: An amount of $5,000 had been appropriated for this. Lorraine advised that all bills will now be paid by the Town, and in time, our Now checking account will be closed. She also advised that we do not have to turn over to the Town any income we receive. She had submitted documentation to the accountant for funds we have spent from January 1 to March 31 1990 and we will shortly be receiving a check for those expenses. This amount will be put into the Accumulating Funds.

    Petty Cash: Lorraine reported that we now have a Petty Cash fund in the amount of $25.00.

    Expenses for First Quarter: Lorraine presented and reviewed expenses to March 31 1990 with the members.

    $1,000 appropriation for Equipment: This amount was appropriated at Town meeting to purchase needed equipment for our office in the basement of the Town Hall, same to include approximately $700 for a map case. Lorraine reported as follows:
    1. There is a desk in our room, and so no funds are needed for this item.
    2. A chair is needed which can be purchased through Tom Ray Office supply for just over $100.00, with a maximum of $110.00.
    3. A simple wooden unfinished book case is needed and Lorraine put forward purchasing this from Mr. Ralph Pierce. It was agreed she would decide on measurements for same and order it for a maximum expenditure of $50.00.
    4. Map Case: Lorraine reported she had reviewed what would need to be stored in a map case, and found only a few mylars required storage, plus a few large aerial photographs. She did not feel a $700 map case could be justified. After discussion it was agreed that she would purchase instead a corrugated roll file with an overall depth of 43" and capable of holding 25 rolls from Tom Ray Office Supply for no more than $105.00. V. Four drawer file cabinet: This is a much needed item, and could be purchased for approximately $220.00. There is this amount earmarked in our own operating budget, but the members decided this item should be purchased from the appropriated $1,000.00 for equipment, and authorized Lorraine to purchase same.

    After discussion of the above, Margaret put a motion on the floor and it was seconded by Janet and voted unanimously in the affirmative to authorize Lorraine to make the above purchases for a total amount not to exceed $500.00. The balance to be returned to the Town.

  3. SUMMER CAMP/LAND SEMINAR: Lorraine reported she had written to Sarah Ferrency who would be attending the seminar and had advised her that we would like a talk upon her return. To date, in spite of considerable efforts, we have not been able to find another student to attend the conservation camp in June.

  4. 1990 TREE PROJECT: Margaret reported that on April 18, the tree for the Jacques School will be planted behind the new addition to the building, and she will oversee the project. She also stated that she is having problems finding one nursery that has available all the trees we need for the 1990 project, and the result is that she will have to pick up trees from various nurseries. She stated that the expenditure for this year will be well under the set-aside $1,000 for this project.
    Relative to purchasing Liberty Elm trees from the Elm Research, Margaret reported that Dr. Shigo was against this research center, its claims and methods. It was his recommendation that the Commission not partake in this project. Because Hitchiner Manufacturing appears interested in supporting our Tree Project only if we become involved in this Center, Lorraine asked Margaret to obtain a report in writing from Dr. Shigo and also John Marro who does not have a good opinion of the Elm Research Center either, so that this could be passed along to Hitchiner, in the hope that they will make a donation anyway to the 1990 Tree Project.

  5. BURNS LAND/LCIP FUNDING: Margaret reported that Brenda Lind of LCIP had called her, and also Bill Burns, to advise that everything is in order for the funding for the purchase of this land. Maybe within one month, the paperwork will be in order and final transfer of the property can take place. Lorraine reported she had paid $400.00 for the title search on the Burns property, and $3,000 for the reappraisal. However, in obtaining a check from the bank at the time of the land fund certificate matured, she had erroneously obtained a check for $4,000 instead of $3,000. When she discovered this error, the land fund had already been reinvested in a certificate for one month. She therefore obtained a correct check for $3000 for the appraisal, and put the remaining $1,000 in the NOW checking account until the certificate matured at the end of April at which time it will be added to the fund for a new certificate.

  6. EARTH DAY: Celeste reported on the progress of activities for Earth Day. One of the events will include booths in the Town Hall with the Commission having one of its own, to be manned by the members. This will be on April 22 from 2p.m. to 4p.m. It was decided that Lorraine would provide copies of the maps of trail lands she had prepared, but copies would not be available as handouts, based upon the idea of not being wasteful. Copies will be available later in the Town Hall for interested individuals to pick up. Lorraine will take care of providing these copies and keeping them available. Relative to Earth Day funds, Celeste was given a blank deposit slip in order to deposit into the Commission's NOW account, donations received to date. Lorraine advised Celeste that according to the Town Auditors, the Commission may only write out checks on this deposit for which receipts are available. Lorraine also reported that both the Chamber of Commerce in Nashua and the one in Milford were interested in having copies of the trail maps, and she will provide them with a supply.

  7. MILFORD COOPERATIVE BANK/WETLANDS: It was reported that Margaret, Edna, Janet and Lorraine had done an on site inspection of the Banks new location at the corner of Elm Street and Route 101 where the 50 foot buffer zone is in effect at the Souhegan River. As a result of this inspection, the Commission sent the following recommendations to the Board of Adjustment: that the special exception be granted with the conditions that as many trees and other types of vegetation already growing on the steep slope to the River be retained in order to reduce erosion; that the slope to the River be seeded with a grass mix designed for steep slopes and highly erodible areas; that a snow fence be built along the edge of the slope before construction of the retaining wall and building occurs; that except for vegetated stabilization of the slope, there should be no further disturbance from the edge of the slope to the bank of the Souhegan River. Lorraine reported that the Board of Adjustment granted the special exception based upon our above recommendations.

  8. LAND INFORMATION KIT: Lorraine reported that with Bea Kimbal back from vacation, she had discussed the erroneous printout we had been given of properties over 10 acres. Bea agreed to look into this and provide us with an accurate printout of properties and property owners. Until this is done, nothing further can occur in our contacting those property owners relative to the kit.

  9. BUSINESS LICENSE: Lorraine reminded the members that some time ago she Russ had met with the Selectmen over the proposed business license. The result of this meeting was that various boards would meet to discuss what falls into whose jurisdiction and then proceed from there. Nothing had been done to organize this meeting to date, and Lorraine questioned if the Commission wished to pursue this matter or drop it. The decision was to drop it, and she will advise the Selectmen accordingly.

  10. TOWN OF SALEM: Lorraine reported that as a result of a news item in the NHACC Newsletter, she had received a call from Salem's planner requesting a copy of our Conservation Plan, which was sent having received the $10.00 payment. Lorraine also sent, as requested, a copy of our Wetlands Ordinance, Wetlands Guidelines and our Checklist. A copy of our "camping ordinance" was also requested by Salem. She also provided detailed information regarding trails on conservation land, scout involvement and Trailwrights Inc. Salem also sent us a copy of their Wetlands Ordinance, which contained muc of what ours contained, but had a few additional items which were reviewed by the members for possible inclusion in our Ordinance at some later date.

  11. TH0MAS CURTIS/DREDGE AND FILL/FARM POND: Lorraine reported the Wetlands Board had issued this permit for a l-2 to 2 acre pond with slight relocation as a result of the meeting she and Tom had with Dr. Kettenring. Tom had expressed his appreciation of our assistance in this case and he felt with out it, he would not have been able to put in a pond at all. He proposes to start the pond in late summer when it is dry.

  12. HAMPSHIRE HILLS TRAIL SYSTEM: Lorraine reported having received a letter from Hampshire Hills which stated steps have been taken to begin work on the wetland crossings as we had recommended, the work to be finished by July lst. Margaret advised members that a review of the project is scheduled for l p.m. on Monday, April 23rd, meeting in the lobby of Hampshire Hills. All interested individuals were requested to attend.

  13. HITCHINER TOWN FOREST: Lorraine put forward the suggestion that this area be identified by a sign at Mullen Road and Osgood Road. In discussion of this, members felt that because of the high incidence of vandalism on this property that the sign would not last long. For now, the idea was dropped.

    re: Bird Walk: Lorraine reported that she had talked to Hazel Burns about she and Norm Erikson doing another walk of this property with interested public. Hazel was very willing for some time late April/early May. She and Norm will pick a date and advise us accordingly. We will then try for publicity in the Cabinet and the Telegraph.

  14. TUCKER BROOK TOWN FOREST: Lorraine reported that at the March 17 work session with Trailwrights, not a single member of the Commission had been present, though there was a good turnout of public. She and Celeste had talked about this and the poor image it presents of the Commission as a whole. Hub Seward announced that another work session is planned for Saturday, April 21 meeting at 8.30a.m. at Boulder Drive. An attempt was made to have particular individuals of the Commission present as representatives, but nobody could attend except for Hub. It was decided to request Dave Andrews to attend this event as our representative.

  15. SPNHF CONFERENCE: Lorraine announced that an all day conference will be held in Concord on April 28 1990 covering conservation lands and easements, land protection, critical natural resource areas etc. The fee is $12.00. No member was interested in attending.

  16. NHACC NEWSLETTER: Lorraine reported she learned of a free publication called NH Wetlands Priority Conservation Plan from the newsletter, and she had obtained a copy, which is available for interested members. Each member had also received a questionnaire as to what would be most useful for discussion at the upcoming annual meeting of the Association. Members will fill this out themselves and mail it in. Lorraine reminded all members that the annual meeting, which includes considerable talks on conservation issues will be held Saturday, November 3 1990. All members are requested to attend.

  17. DRAINAGE REGULATIONS: With Dave Andrews not able to be present, there was no further discussion regarding revamping of these regulations. Lorraine will attempt to have Dave attend our next meeting at which time this issue can be pursued.

  18. FALCONER AVE. EXTENSION: Lorraine reminded the members that some time ago, an abutter of this paper street, which forms an accessway to the Mayflower Hill Town Forest, attempted to claim ownership of this paper street. At that time, Lorraine had provided evidence that this was indeed used by the public as an accessway. The abutter was therefore required to quiet title. Nothing further had been heard on this issue, and so Lorraine wrote to Town Counsel requesting a progress report. It would be helpful to have this information with work hopefully beginning on the trails on this Town Forest. She will keep in touch with Town Counsel for a response.

  19. TROMBLY EASEMENT/HIKE ALONG SOUHEGAN RIVER: Lorraine reported having been in touch with mark Fougere regarding progress on the Trombly easement and had learned that though it is recorded on the site plans, no deed has been obtained to date. Mark was reluctant to pursue this with Mr. Trombly as it was the only easement along the River and would therefore serve no purpose relative to a hiking trail. In discussion of this trail, Mark put forward the suggestion that the trail begin at the Hospital Association property where the ball fields are located. This would avoid using any of the Potter subdivision properties, and also ample parking is available.. With this in mind, Lorraine reviewed the tax maps and found that starting at this point, only six property owners would be involved. Much of the land is owned by Mr. Trombly and the rest by the Milford Fish Hatchery. Members were in favor of this being pursued, and asked Lorraine to inquire of the Fish and Game Department as to their concerns/willingness to allow development of such a trail through their property.

  20. MASTER PLAN INPUT: Lorraine reported that the Planning Board will be sending out a survey to approximately 1000 homes in Milford for public input as to recommendations for updating the Master Plan. Comments will be sought on items such as growth rate/control, planning, land use etc. Mark is requesting input from various departments as to what questions each department would like on the survey. Because of the lateness of the hour, this subject was not discussed further, but each member was asked to give some thought as to what questions should appear on the survey, and the issue will be discussed further at our next meeting.

  21. JIM LAWLER AWARD: Margaret raised this issue, and requested time be allotted at the next meeting for finalization of presentation of the award.

There being no further business to come before the meeting, the meeting adjourned at 10.15p.m.
The next meeting will be at 7.30p.m. on Thursday, May 10, 1990 in the Town Hall.

Respectfully submitted
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of MAY 10, 1990

Present:
Russell Monbleau, Chairman
Janet Piche, Celeste Barr, Hub Seward, Dave Andrews (Alt.)
Lorraine Carson, Secretary
Vivian Barry Selectmen's Rep.

  1. AGWAY/GEORGE ACHILLE: George Achille and John Sennott of Thos. F. Moran Inc. met with the Commission to discuss the proposed location of Agway on property owned by Perimeter Associates, and also known as Hayward Commons, on Elm Street, involving the aquifer. Agway proposes a 12,208 sq.ft. single story building, with a 4,000 sq.ft. addition in future plans. The facility will be on town sewer and water. It was noted that this proposed use of the property results in a far smaller impact on the land than that which was originally proposed for this location. Mr. Sennott explained that only the area in front of the building will be paved, the balance to be gravel, sloped to minimize runoff and to control same because of the close proximity of Tucker Brook and the Souhegan River. A common entrance way is proposed off Elm Street to serve Agway and Hayward Commons. On the unpaved area provision is made for storage of shrubbery, peat moss, top soils and such like, but all fertilizer and other chemicals will be stored in the building. The building will be a wooden structure and will have a fire sprinkler system within it. It was established that there is about 75 feet from the corner of the lot to Tucker Brook. No floor drains are proposed. Celeste raised the issue of the possibility of a fire, water being used to put it out, the pesticides becoming mixed with the water, and running off site into Tucker Brook. She suggested some kind of containment area be constructed in the building for storage of such items, and she requested time to make further inquiries of EPA as to what should be used for containment. In review of the Aquifer Protection Ordinance, Russ raised the question of the proposed use which includes storage of toxic materials was indeed a allowable use in this District. "Bulk storage of toxic material for resale or distribution" is a prohibited use.
    With unanswered questions the Commission was unable to give an opinion on this case at this meeting. It was decided that Celeste would be in touch with Mark Fougere relative to a definition of "bulk" and with the EPA for guidelines as to how to store toxic materials with a fire in mind. She and Russ would be in touch with Lorraine with directions as to how to respond to the Planning Board for their meeting with Agway on May 22 1990.

  2. THURSTON WILLIAMS/GRAVEL OPERATION/MILE SLIP ROAD: George Brackett met with the Commission to discuss the proposed 2 acre gravel operation on land off Mile Slip Road. There are two access points to this area from Mile Slip Road, but the Planning Board requires major upgrading of that road before gravel trucks will be permitted. Mr. Williams is not sure he wishes to expend that kind of money on the road. He is considering using Lorden Gravel Operation which abutts his property. Access from Mile Slip Road crosses a stream over which there is an existing gravel road and a culvert. Lorraine raised the question about this culvert and the fact that there is no Dredge and Fill Permit for same. Mr. Brackett was asked to establish the approximate date when this culvert was put in. He was also advised that any work proposed on this culvert would require a Dredge and Fill permit. It was the Commission's opinion as the result of a previous on site inspection done by Lorraine that this road and the culvert would need upgrading to be used by gravel trucks.

    The question of set back requirements from the property line were raised, namely is the proposed operation far enough from the line. Also, the operation is close to the stream on the property. Russ felt that this would require a site specific. Because the proposed size of the gravel pit is 78,000 sq.ft., the Commission requested that a site specific be obtained anyway, because the area is so close to 100,000 sq.ft. Relative to the stream running under the gravel road, it was unclear at this time if this stream was the beginning of Great Brook or not. If it is, a 50 foot set back (buffer zone) is in effect. In order for the Commission to provide a recommendation on the proposed gravel operation, the following points need to be clarified:
    1. Culvert:
      • has a Dredge and Fill permit been issued, and if not an after the fact permit must be obtained.
      • age of the culvert needs to be established.
      • condition of the culvert - George Brackett to seek the assistance of Bob Courage.
    2. Stream: is this the beginning of Great Brook or not? Lorraine will establish this and call Mr. Brackett.
    3. Site Specific: Because of area involved, the Commission requests this be obtained. Is it required because of close proximity of gravel operation to the stream?
    4. Property boundary set back: is there a minimum set back for gravel operations?
    As soon as answers to the above are in hand, a recommendation will be made to the Planning Board. This case goes before the Planning Board of May 22

  3. MEMBERS: The following issues were discussed relative to members:
    1. It was established that Hub Seward had been sworn in as a full member.
    2. It was understood that John Ferguson had not yet been sworn in as an alternate, and Lorraine will be in touch with him over this.
    3. Lorraine advised the members that she had found a note in the mail slot from Bob Wisniewski stating he found he did not have sufficient time to give to the Commission, and was therefore resigning immediately.
    4. A letter had been received from the Selectmen advising that they had appointed an individual by the name of Robert McEttrick to the Commission for a two year term. This individual was unknown to any member of the Commission, and nobody had heard from him.
    5. William Parker, assistant planning director to the City of Keene was present at this meeting. He had been recommended to the Commission by Celeste as an individual very well qualified and he was also very interested in being a member of the Commission. With the only full membership having been filled by the Selectmen without prior discussion with our board having been made, Mr. Parker could only be an alternate. No decision was made relative to this.
    6. Lorraine pointed out that the Selectmen had completely disrupted the terms of office of members of the Commission. She explained that several years ago the terms were poorly set, and at the request of the Selectmen, this was corrected by the Commission advising that board of the precise term required for each member as renewal arrived. This year, the Selectmen have disregarded that information, and as a result half the Commission goes off in 1991 and the other half in 1992. Russ asked Vivian Barry to bring this to the attention of the Selectmen with the request that it be corrected immediately. Lorraine will provide Vivian with the information needed.


  4. MAYFLOWER HILL TOWN FOREST: Lorraine reported she and John Ferguson had marked with paint all the boundaries except for that along the Shady Laneresidences. Hub stated he had found and flagged the corner stones, and Lorraine put forward the suggestion that trees along this boundary be marked like the other boundaries in blue paint, but that the markings be put on the town land side only. Hub said he and John would take care of this. Lorraine also reported she had talked to Beckie Mann of Troop 2028 and they are willing to prepare the entrance trail from Shady Lane through the standpipe land (this land still had to have its boundaries marked). She had written an official letter to Trailwrights requesting their assistance in this matter. Hub reported that in his work along the Shady Lane boundary he had found some of the property owners were using town land as their back yards. One had a wood pile on town land, but was in the process of moving it. Another had apparently done some fire wood cutting on town land.
    Relative to part of a trail from Adams Street running through private property, it was suggested that because of the liability to the property owner that this section of trail be relocated and the existing sectionblocked off. Hub will work with Trailwrights on this. Relative to the accessway off Falconer Avenue, Hub reported that there is now a propane gas tank located on this right of way. Lorraine reported she had again written to Town Counsel for a progress report on the quieting of title supposedly being done by Mr. Crawford. She had heard nothing further to date. Relative to a sign for Mayflower which Bob Wisniewski was to make, Lorraine will be in touch with him to see if he would still do this.

  5. TOWN LAND AT HATCHERY: Lorraine reported she had talked with Doreen Urquhart of Fish and Game relative to the State's interest in purchasing this land which is only accessible over State lands or across the Souhegan River. The upshot of the conversation was that the land is most likely of very little value; that it could perhaps be "donated" to the State; that the State would do a short survey sufficient to develop an acceptable deed; that it would end up with no cost to either party. Ms. Urquhart had expressed the opinion that the survey done by an outsider, would cost more than the land is worth. Lorraine had then written a letter to Ms. Urquhart who will refer the matter to the Land Department, and we now await a response from the State.

  6. OFFICE EQUIPMENT: Lorraine reported she had purchased the map case from Tom Ray Office Supply and it is now in our room in the basement. She had not had the time to unpack it. She also reported that from Office Furniture Center in Waltham, Mass., she could purchase a chair and a four drawer file, and including postage, the cost would be approximately $100.00 less than from Tom Ray. She was authorized to make the purchases.

  7. LAND SEMINAR STUDENT: Lorraine reported she had had a phone call from Sarah Ferrency upon her return from the seminar. Sarah reported having had a wonderful time and that she learned a lot. Arrangements have been made for Sarah to give the members a brief talk on June 14 1990 at 7.30p.m.

  8. 1990 TREE PROJECT: Margaret was unable to attend this meeting due to illness, but had called Lorraine ahead of time with the following information. The new trees for 1990 will not be planted until the first week of June because Margaret will be away prior to that time. She will take care of arrangements with Public Works and with watering of the trees if needed. Margaret also reported that we will be receiving a letter from John Morrow relative to the Liberty Elm and the Elm Research Center. This should be available in about two weeks. As soon as we get that letter, Lorraine will be in touch with Mr. John Morrison of Hitchiner Manufacturing Co.

  9. BURNS LAND PURCHASE: Russ reported that Town Counsel had approved the deed sample as provided by LCIP, to which is attached a deed description of the property. As far as Russ understood all documents have reached LCIP and we are now awaiting the approval of the Governors Counsel. A closing is set tentatively for 9a.m. June 4 1990. Dick Mace will be at the closing on behalf of the Board of Selectmen.

  10. EARTH DAY: Celeste reported that there is about $1,000.00 left over from the Earth Day donated funds, none of which are town funds. She suggested opening a savings account, under the name Milford Conservation Commission Earth Day Fund, and putting the money in there. She also stated that the Earth Day Committee was considering donating those funds to the Commission should there be no further activities for Earth Day next year. Russ put forward the suggestion that those funds could be added to the Nees Bequest but Lorraine pointed out that the Town Auditors do not approve adding to any funds bequeathed to the Town, except for interest earned.

  11. LAND INFORMATION KIT: Lorraine reported she had received a new and hopefully correct printout of all land over 10 acres. She had not had the time to review it in any manner. Russ suggested that seeing this was supposed to be Janet's project that she take the printout and review it. Lorraine put forward suggestions of various additional booklets etc. that perhaps should be included in the kit when it is presented to property owners. Due to the lack of time at this meeting, it was decided to meet again on May 24 at 7.30p.m. to complete the agenda for this meeting, and also to discuss in full how to proceed with the Land Info Kit project.

  12. TUCKER BROOK TOWN FOREST: Hub Seward reported he had talked to Troop 407 and Troop 4 both of which are willing to take on the maintenance of the trails on this Town Forest. There is also some interest in both groups doing a survey to prepare a map of the trails. Trailwrights will give the necessary instructions in this. Troop 4 is also willing to maintain the trails on the Hitchiner Town Forest. It is hoped to have the survey completed on Tucker Brook trails by the end of summer.

  13. MASTER PLAN INPUT: Lorraine requested ideas from each member on what should be in the survey Mark Fougere plans to mail out, but nobody had prepared any list of ideas. Lorraine was asked to find out from Mark what was in the last such survey and what the deadline is. She explained that Mark is looking for ideas from various town departments in order to prepare the survey to the best advantages. This will be discussed further at our next meeting.
Because of the lateness of the hour, it was not possible to attend to the remaining items on the agenda. This meeting adjourned at 10.15p.m.
The next meeting will be a Work Session only, and will be at 7.30p.m. on Thursday, May 24, 1990.

Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Minutes of Work Session of May 24, 1990

Present:
Janet Piche, Hub Seward, Dave Andrews
Lorraine Carson, Secretary





NOTE: This Work Session was to have begun at 7.30p.m. By 8p.m. only the above three members of the Commission had arrived. Lorraine called Russ Monbleau, Chairman, to learn he had forgotten about the meeting, and as a result, it was decided to cancel the meeting. Lorraine reported she had only been advised by one member of an inability to attend this meeting, namely, Margaret Pratt, Vice-Chairman.

The next meeting, the monthly Public Meeting, is scheduled for 7.30p.m. on Thursday, June 14, 1990.

Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of JUNE 14, 1990

Present:
Russell Monbleau, Chairman
Margaret Pratt, Vice Chairman
Edna Silva, Hub Seward, Robert McEttrick
John Ferguson, Alternate
Lorraine Carson, Secretary
Vivian Barry, Selectmen's Representative

  1. MINUTES: On motion made by Margaret and seconded by Celeste the Minutes of the April 12, 1990 public meeting were accepted as presented. As the members had only at this meeting of June 14 received the Minutes of the May 10 meeting, no action was taken on them.

  2. SARAH FERRENCY, LAND PLANNING SEMINAR STUDENT: Sarah met with the Commission to give a report on her experience at this seminar which was sponsored by the Commission in April. The subject was Managing New Hampshire lands, and was held at The Rocks Estate. Sarah gave an excellent presentation, and advised the members that the Society which owns the land was actually seeking a plan for the use of this land. All of the plans offered at this seminar will be considered for possible use. As a result of her work at the seminar, Sarah was chosen to attend an environmental seminar in Washington D.C. Discussion took place as to the lack of press coverage on the Commission sponsoring her and on her fine report of her experiences. Russ took on the job of contacting both the Milford Cabinet and the Nashua Telegraph to request they do an article on Sarah and the seminar.

  3. THOMAS CURTIS/PRESERVATION OF FARM LAND: Mr. Curtis met with the Commission to discuss the possible sale of the development rights to part of his farm property on Joslin Road. He had been in touch with Brenda Lind of LCIP who together with John Ferguson had visited the area. Brenda indicated that the idea "looked good", and advised Tom he would require the support of the Commission. October is the last available chance to submit requests for funding through LCIP as far as the Commission knows. Russ stated that in order to be successful with LCIP one has to produce a very enticing package, like other lands being secured for conservation as a result of the application for funding, such as the Rotch piece in the Burns issue. Tom stated that his land is in current land use, but he needs to do something to reduce the taxes. The area in question is approximately 52 acres on the south side of Joslin Road with Hartshorn Brook running through it. Two gravel banks of approximately 5 acres in total are in the area and would be removed, which would be part of the Town's share in the deal. Removal of the gravel would improve the land for farming, Tom stated. The total current assessed value by Town records is $92,000 for a 10 acre piece and $316,000 for a 40 acre piece. Russ felt it is essential to have a combination situation, and will be in touch with another individual who indicated interest a while ago about transferring land to the Town.
    Discussion involved the fact that Amherst has conservation land which lies very close to the Curtis piece, with a State owned piece of approximately ten acres involved as well. A suggestion was put forward as to whether it may be worth trying to have the two towns work together on this. Russ also mentioned that if town funds are to be involved, and if the town is to give its support to the Curtis proposal, the vote of Town meeting would be needed, but it was also felt that there had been some changes in the rules of LCIP and perhaps this was no longer needed (unless funds are involved), and Russ will be in touch with Brenda for clarification of this point. He will also make further enquiries regarding the involvement of Amherst in this situation. The Commission will be back in touch with Tom as soon as further information comes to hand.

  4. THURSTON WILLIAMS/GRAVEL OPERATION/MILE SLIP ROAD: George Brackett met with the Commission to obtain obtain final approval for the gravel operation off Mile Slip Road from the Commission. It was stated that the stream involved is not the beginning of Great Brook, and therefore only the 25 foot buffer zone applies. It was established that a site specific is not required, and George had a letter to that effect. Relative to the existing culvert it was the opinion of Robert Courage that it is adequate for gravel trucks. George had not been able to establish the age of the culvert relative to a Dredge and Fill Permit being required. According ot the Wetlands Board, no permit is needed should a culvert be replaced with a similar or larger size - so George was advised. Relative to property boundary set backs, George stated that this project meets current requirements of the Town. Relative to using Mile Slip Road as an accessway or not, George stated that Mr. Williams is currently negotiating with the Lordens to have the gravel removed through the Lorden property. Mr. Lorden would like to actually operate the pit because of insurance complications. It was established that should the removed gravel go through the Lorden gravel operation, the material would finally end up on the roads of the Town of Brookline. After discussion, Margaret put a motion on the floor and it was seconded by Edna and voted unanimously in the affirmative to recommend to the Planning Board that the permit be issued provided the buffer zone is flagged prior to commencement of work, and that proper erosion control measures are in effect throughout the operation. Lorraine will convey this to the Planning Board for their meeting on June 19 1990

  5. HAMPSHIRE HILLS SKI TRAILS/WETLAND VIOLATIONS: Margaret reported that she, Hub Seward and two representatives from Hampshire Hills had walked the trails at the beginning of May and found three problem sites. It was agreed that Hampshire Hills will correct these problems as soon as dry weather comes. It was decided that Lorraine will give them a call at the end of August to ensure the work has been done. Members may also walk the area again just to make sure.

  6. SOUHEGAN RIVER TRAIL: Lorraine reported that she had been in touch with the Fish Hsatchery and found they not only had no problems, but favored the idea. Their only request was that because the Hatchery closes at 4p.m., that signs be erected at their property boundaries stating that the trail closes at that time each day. It was decided to form a committee to work on this project. Property owners will have to be contacted, a plan of action will have to be developed, possibly Trailwrights will have to be involved, and a lot of publicity will have to be done in order to obtain citizen interest and assistance. It was decided to make Hub Seward the chairman of a sub-committee to handle the project. Various names were put forward as being interested in assisting, namely Steve Turner, Bill Ferguson, and also Celeste stated that some of the Earth Day Committee members would be interested in helping. Lorraine will begin by providing Hub with a list of property owners. It is planned to begin the trail at the ball fields.

  7. CONFERENCES: Lorraine advised members of various conferences that will be coming up shortly. Except for a NH Wetlands Protection Conference which Margaret would be attending because of her job, nobody was interested in attending. She will attempt to obtain duplicate copies of all handouts at the wetlands conference for the Commission.

  8. WETLAND VIOLATIONS: BALCOM AND CHAPPELL: Lorraine reported that in both these cases, she had placed several phone calls to the property owners as well as having written letters to them, and to date no action at all had been taken by either, except for Mr. Balcom having been in touch with the Soils Conservation Service for their assistance. Lorraine suggested that the Commission report the violations to the Army Corps of Engineers. She added that the Wetlands Board had written to both requesting after-the-fact Dredge and Fill applications be filed. In the Chappell case, the Wetlands Board had requested photographs. Russ requested Vivian, and the Commission agreed, to have the Selectmen intervene at this point and proceed to have both Chappell and Balcom comply with the rules and regulations and guidelines of action which had been provided to them. Lorraine will write a letter to Vivian with this request, and suggesting that the Selectmen give 30 days for action to begin. They will also be requested to copy us on their letters to the parties. (Please see note after Item #11)

  9. DRAINAGE REGULATIONS: With Dave Andrews not present at this meeting there was no further action on this issue.

  10. MEMBERSHIP: At the beginning of this meeting, the new full member, Robert McEttrick was welcomed to the Commission. It was also stated that the Selectmen had been requested to make Bill Parker an alternate for a three year term. Lorraine reported that Janet Piche had called to say she was unable to attend this meeting due to no transport.

  11. AGWAY INC.: Lorraine and Celeste had discussed the issue of pesticides etc. contained in this building and how best to protect the environment in the event of problems. Celeste had been in touch with the Fire Chief and Title 3 Emergency Planning Section of the EPA. The EPA recommenda tions were that the floor where these materials are to be stored should be recessed 6" and that there should be a shut-off sprinkler system in the building. Lorraine had talked to Mark about this, and learned that such recommendations did not fall into the jurisdiction of the Planning Board but rather the Building Inspector, and Mark had suggested writing to Kevin Lynch with these suggestions for him to consider when reviewing the building plans. In discussion of this case at this meeting on June 14, the members felt that we are responsible for giving recommendations to the Planning Board for aquifer protection, and it was therefore decided that Lorraine should write to the Planning Board, with copies to the Fire Chief, the Board of Selectmen, the Board of Adjustment and the Building Inspector. The letter should convey the recommendations of the Commission and include reference to Title 3 and enforcement of Materials Safety Data Sheets which by law has to be kept by the Fire Department, listing what is contained in the building
    NOTE: Further to Item #7, Lorraine advised the members that she had received a communication from the Wetlands Board on the Chappell case, requesting photographs of the violation area. Celeste agreed to visit Mr. Chappell and take pictures with the Commission's polaroid camera.

  12. BURNS LAND/LCIP: The closing on this parcel of land was scheduled for June 4, but at Mr. Burns' request it was postponed with no further date being set. Mr. Burns wished time for the deed to be altered to include the timber rights agreement he had earlier signed with the Town of Milford, and he also wished for time for his attorney to review the survey of the property. John Ferguson had ensured this survey reached the attorney, and it was now back in the possession of the Commission. Nothing further had been heard from Mr. Burns.

  13. MASTER PLAN INPUT: The Commission took no action on providing the Planning Board with ideas for inclusion in the survey because it was learned that apparently there is no active committee handling this, and the issue is currently on hold.

  14. LAND INFORMATION KIT: With Janet not present, it was not known if she had taken any further action on the print out of property owners with ten or more acres. Lorraine raised the issue of purchasing copies of the booklet "Preserving Family Lands" which in quantities of 30 or more are available at $3.00 each (half price). Hub Seward made a motion and it was seconded by Margaret Pratt and voted unanimously in favor of the motion to authorize Lorraine to purchase 30 copies for a total expenditure of $90.00. Lorraine also raised the issue of obtaining copies of the Criteria for Current Land Use Assessment booklet from the Dept. of Revenue Administra tion. Only 15 copies are made available from that office, and she had ordered them on May 23 but had not received them to date. She will check further into this. As these will not be enough, Margaret stated she could obtain additional copies through her office and will do so. From the office of the attorney who prepared the booklet Preserving Family Lands, Lorraine had received notification of the availability of a subscription to "Preserving Lands: Legal Issues" for a cost of $50.00 per year. This is produced quarterly. The members were interested but at that price wished for more information on what they would be getting for their money. Lorraine will call the office to find out and will report back at next meeting.

  15. 1990 TREE PROJECT: Lorraine reported a letter from John Marro had been received which detailed his opinion of the Elm Research Institute and its claim that it produces Dutch Elm disease free elm trees. He also provided a copy of a resolution adopted by the New Hampshire Arborists Association in 1977. In personal communications with John Morrison, President of Hitchiner Manufacturing Co., Lorraine advised him of this communication and at his request had provided him with same. It is hoped that with this information, Hitchiner Manufacturing will provide some funding for the tree project even though Elm trees will not be used.

  16. M.L. REALTY - LAND GIFT: Lorraine reported having received a copy of the proposed fiduciary deed from Winslow L. MacDonald, Trustee of M.L. Realty Trust for two tracts of land to be donated to the Town in the proposed development off North River Road. As it is the policy of the Commission to favor the most possible amount of restrictions in such conservation land deeds, and as this deed did not contain such restrictions, she had requested Mark to advise M.L. Realty of the Commission's policy that wording to the effect for conservation purposes and to remain forever as open space be included. Mark felt this would be perfectly acceptable and would relay the request.

  17. HARTSHORN POND DEED: Edna Silva reported having seen canoes on this pond and it raised the issue as to whether or not such is permitted per the deed from Mr. Wilkins. Lorraine will check the deed and report back

  18. ACCESSWAY TO MAYFLOWER TOWN FOREST/FALCONER AVE. EXT.: Hub Seward reported that there is now a gas tank standing on this accessway, further blocking same for public use. Lorraine reported she had been in touch in writing with Town Counsel several times relative to the status of the quieting of title supposedly being undertaken by Mr. Crawford, but had not yet had a reply. She will again be in touch with Town Counsel, reporting also the fact that the gas tank now stands on this accessway.

  19. MAYFLOWER TOWN FOREST: Hub Seward reported that in a recent trip to this land, he had found what he thought was cutting of timber on Town land by a resident of Shady Lane. He could not be fully sure, however, as to whether is was indeed on town land or in the backyard of the resident. Further clarification is needed before the Commission can take action.

  20. MEMO FROM LEE MAYHEW: Lorraine provided the members with a memo from Lee which stated that any educational expenditures from budgets had to receive prior approval of the Board of Selectmen. Russ expressed the opinion that this was yet another ambiguous memo he had received of late from Lee and requested Vivian for further clarification from the Board. The Commission felt that since it did not have line items in its budget it would not be required to follow this procedure. The Commission awaits Vivian's response from the Board.

There being no further business to come before the meeting, the meeting adjourned at 10.15p.m.
The next meeting will be at 7.30p.m. on Thursday July 12, 1990 in the Town Hall.

Respectfully submitted
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of JULY 12, 1990

Present:
Russell Monbleau, Chairman
Celeste Barr, Janet Piche, Hub Seward
Vivian Barry, Selectmen's Rep.
Lorraine Carson, Secretary

  1. MINUTES: On motion made by Janet Piche and seconded by Hub Seward, the Minutes of the meetings of May 10, 1990 and June 14, 1990 were accepted as presented.

  2. PAUL WENTZELL/ARMORY ROAD/MINI STORAGE/WETLANDS: Lorraine advised the members that though this item was not on the agenda, it was essential that it be discussed immediately as the case was before the Board of Adjustment this evening. Lorraine had received notification from a concerned citizen, namely Donna Walsh of Armory Road, that Mr. Wentzell wished to construct mini-storage on his property to which Mrs. Walsh was opposed. She requested the intervention of the Commission. Upon further inquiries, Lorraine learned that the proposed building on the site appears to touch the 25 foot buffer zone and the Commission's concerns included the fact that to construct at the buffer zone would mean disturbance within the buffer zone in order to construct the building. Compressor Brook and Ox Brook were marked on a hand drawing submitted to the Board of Adjustment Lorraine reminded the members that as per the new Wetlands Ordinance, there is a 50 foot buffer zone measured from recognized edge of both streams. At this point in time, no on site inspection has been done. This case was before the Board of Adjustment for a variance for an industrial use in a Residence R District, and not for any wetland interference. After discussion of the case with what information was in hand, it was decided that Lorraine would express in writing the concerns of the Commission in this case to the Planning Board and the Board of Adjustment.

  3. OAKLAND HEIGHTS/DREDGE AND FILL: Lorraine advised the members of the following: that the Wetlands Board had denied the Dredge and Fill Permit because there was excessive alteration of wetlands for lot development, and because alternative routes on site are available. This denial was based upon the recommendations of the Commission. that revised plans had been received and reviewed. These revised plans included a "deadend" to the proposed street from Osgood Road, but the deadend was beyond the wetland. that the revised plans did not in any way address the concerns of the Commission in its effort to preserve the wetlands on site that when these plans were received, Lorraine immediately, after consultation with Margaret Pratt, sent a letter to the Wetlands Board, advising that the Commission did not approve of the revised plans. that the Planning Board at its meeting of July 11 tabled the revised plan pending a number of issues, none of which included the recommendations of the Commission.
    In discussion of this, Lorraine was asked to advise Mark that our input should be added to the Planning Board's checklist. In conclusion, he Commission remains against the plan as currently in effect.

  4. THOMAS CURTIS/LCIP: Russ reported on his telephone conversations with both Tom and Brenda Lind of LCIP. Tom would like to sell the agricultural development rights to about 52 acres on his property, about 10 of which is wetland. This area of land could support a 40 lot subdivision with an approximate value of $600,000. According to Brenda, agricultural development rights are difficult to assess; the payment would be the difference between this value and the subdivision value. In effect, if this land was acceptable to LCIP, it would provide $250,000 and Milford would have to come up with the balance. Brenda gave the impression that LCIP does not consider agricultural rights a top priority. There is an October lst deadline for this application. The Commission discussed other pieces of land that may be available to include in this application, which would add weight and thus points, to the application. Dorothy Carter land which abuts the Hartshorn pond and surrounding town land was discussed and Russ will talk to Mrs. Carter. Tom's land abuts the town land, and we could end up with a corridor of land. Russ will also talk to the owner of another piece of land, approximately 60 acres, which abuts the Tucker Brook Town Forest, and who had expressed some interest in selling this land to the Town for conservation purposes.

  5. SOUHEGAN RIVER TRAIL: Lorraine presented Hub Seward with a map she had prepared showing the property owners of land along the River from the Milford Hospital Association land through to the Fish Hatchery land. Hub will contact the property owners to assess their interest in having this trail cross their property. Russ asked Hub to call Trailwrights relative to an idea of putting two bridges over the Souhegan River to Keyes Field which would mean that the trail could commence at Emerson Park. The object of these bridges would be to avoid having to obtain easements in the Potter development off Mont Vernon Street. The lots in this development are small and it is highly unlikely that future property ownners would want a trail so close to their houses. The National Guard was also suggested as being a possible source of manpower and knowledge in this bridge work. Additional bridges will also be required in the length of the proposed trail.

  6. CARL CHAPPELL/WETLAND VIOLATION: It was reported that the Board of Selectmen had taken no action to date on the Commission's request for intervention in this case to get Mr. Chappell to take the necessary action in the illegal square pond built in a wetland on his property. Vivian Barry was asked to look into this. Relative to the pictures required by the Wetlands Board, Celeste said she had not been able to contact Mr. Chappell because he was on vacation, until recently, and she would be taking the pictures tomorrow. These will be given to Lorraine to send to the Wetlands Board.

  7. BALCOM WETLAND VIOLATION: Lorraine reported that Mr. Balcom has made application to the Board of Adjustment for a special exception for fill placed in the wetland, and also fill placed in the buffer zone, all illegally. He had also made application to the Wetlands Board for a Dredge and Fill Permit (after the fact). Lorraine was asked to write to the Board of Adjustment and the Wetlands Board, requesting that permission be given for the after-the-fact violations, because it would cause less harm by leaving the fill where it is than to remove it. It was also pointed out that Mr. Balcom has met with the Commission's recommendations as to actions needed to eliminate further impact on the wetlands and the buffer zone. In addition, it was stated by SCS at an on site inspection that at this point in time, it is impossible to establish just where the wetland once ended; the nature of the wetland on this property has also been altered as a result of property development upstream, causing more water to be in the stream now than years ago. Culvert work done under Armory Road has also compounded the problem.

  8. DRAINAGE REGULATIONS: With Dave Andrews not present at this meeting, there was no further action on this issue.

  9. HAMPSHIRE HILLS SKI TRAILS: Lorraine reported having recently received a letter from the Wetlands Board dated June 15 1990, and addressed to Hampshire Hills, referencing correspondence from the Commission which stated there were 11 crossings of wetlands on site and not 9 as indicated on the Dredge and Fill application. That letter from the Commission was dated March 1 1990! The Commission awaits further action on this.

  10. MEMBERSHIP: It was noted that Edna Silva had verbally resigned from the Commission. She had been asked to provide her resignation in writing. Lorraine reported having been advised by both Margaret Pratt and Bill Parker of their inability to attend this meeting. With Edna no longer on the Commission, it was decided to request the Board of Selectmen to appoint Bill Parker, Alternate, to a full member, and with a term that would bring into order the expiration dates of current members' terms. Vivian asked Lorraine to provide her with a letter as to the exact term required for Bill Parker, and for any other recently made terms that the Commission would like corrected so as to avoid no carry over of membership after March 1992. It was also noted that Robert McEttrick, who attended the last meeting as his first, was not present at this meeting. He had not contacted anybody relative to his inability to attend. Lorraine will call him to find out what happened.

  11. BURNS LAND/CLOSING: Russ reported that the closing was now set for 10a.m. on Wednesday, July 18 1990 at the Registry of Deeds in Nashua. He also stated that Atty. Enright (Burns attorney) still had not prepared the adjusted deed . For the closing Russ requires a bank check in the amount of $150,000.00 made out to Bill and Hazel, and also the mylars of the Burns and Rotch lands as these have to be recorded at the Registry. Lorraine will obtain the check and the mylars for Russ for Wednesday.

  12. MASTER PLAN INPUT: It was reported that on behalf of the Commission, Russ had submitted a letter to the Planning Board regarding issues that should be included in the Master Plan survey. A memo was also received from Norm Erikson requesting one or two members of the Commission to serve on the committee handling the Master Plan survey. Janet said she may be able to serve. Lorraine was requested to call Margaret to find out if she would be able to serve definitely. Norm will be advised accordingly.

  13. LAND INFORMATION KIT: Lorraine stated she had received 15 copies of the Current Land Use booklets from the State, and had ordered 30 copies of "Preserving Family Lands". Janet handed out a print out of the 10 or acres property owners for each member to review and ascertain if there were names on the list known to any members and whom those members would prefer to contact. This issue will then be discussed again at the next meeting.

  14. 1990 TREE PROJECT: With Margaret unable to attend this meeting, there was nothing further to report on this issue.

  15. HARTSHORN POND DEED RESTRICTIONS: Lorraine reported that a review of this deed showed there were no restrictions regarding use of boats on Hartshorn Pond.

  16. MAYFLOWER HILL ACCESSWAY: Lorraine reported that Mark Fougere and Kevin Lynch confirmed that the gas tank belonging to Crawford was not in This right of way, but rather right on the boundary line. Hub stated that in measurements he took, he found the tank to be on the right of way. Russ suggested he be in touch directly with mark and Kevin. Relative to Mr. Crawford and his desire to quiet title to this right of way, Lorraine reported that, according to Town Counsel, Mr. Crawford had taken no action. The Commission felt that in order to maintain public use of this paper street, it would be wise to make it public that it is there, that the Conservation land to which it leads has an easement to provide access from this public way, and that trails lead from it to other trails existing on the property. It was not known what progress is being made with the Girls Scouts and new entrance from Shady Lane. Lorraine will contact Becky Mann for full report on actions taken. Relative to the sign to be made for the Shady Lane entrance, Lorraine will call Bob Wisniewski for a progress report. It was also decided that a similar sign will be placed at Falconer Ave. Extension, thus further encouraging public use of this right of way.

  17. MEMO FROM LEE MAYHEW: Russ advised the members that the memo received from lee Mayhew dated April 12 1990 regarding expenditures for training did indeed mean that ANY expenditure of funds for training of personnel required the authorization of the Board of Selectmen prior to expenditure.

  18. BUDGET EXPENDITURES TO JUNE 30 1990: Lorraine presented the members with a report of expenses year to date. The amount spent was $1,142.33, with a balance of $3,857.67 remaining. Relative to transferring all MCC funds to the Town bookkeeping system, Russ asked Lorraine to advise him of times when she would be available to meet with the Treasurer so that he could make the necessary arrangements. Lorraine reported she had closed the NOW checking account, and transferred the funds unexpended from 1989 to the Unrestricted Fund Account. That account now has $10,589.47 in it.

  19. W.W.T.P. REPORT OF VIOLATIONS: The Commission-received a report from Steve Dolloff for the month of May which stated that the total effluent chlorine residual exceeded the permit limits on all days in that month. It was reported in the latest issue of the Milford Cabinet that the EPA had clamped down on the Town of Milford, requiring it now to dechlorinate the effluent before it enters the Souhegan River.

  20. JIM LAWLER AWARD: With Margaret not present, there was no further action on this item.

  21. RECYCLING/WASTE DISPOSAL COMMITTEE: Russ reported he had been requested by Lee Mayhew to find a member of the Commission who would serve on this Committee. Celeste volunteered to serve and said she would be in touch with Lee direct.

  22. FUTURE MEETINGS: It was decided to schedule time at the regular public meeting in August, namely August 9 for further discussion of the Land Information Kit and the contacting of property owners. Lorraine stated she would be on vacation in September from 8th through 30th 1990. It was therefore decided to hold the public meeting for September on the first Thursday, namely September 6, on the clear understanding that the Minutes of that meeting would not be available until October. It was pointed out that this would not be legal. The regular meeting in October is scheduled for llth.
There being no further business to come before this meeting, the meeting was adjourned at 10p.m.
The next meeting will be Thursday August 9, 1990 at 7.30p.m. sharp.
ALL MEMBERS ARE URGED TO BE IN ATTENDANCE, INCLUDING ALTERNATES.

Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of AUGUST 9, 1990

Present:
Margaret Pratt, Vice Chairman
Janet Piche, Robert McEttrick
Bill Parker, Alternate acting as full member
Dave Andrews, same
Vivian Barry, Selectmen's Rep.
Lorraine Carson, Secretary

  1. MINUTES: On motion made by Janet and seconded by Margaret, the Minutes of the July 12, 1990 meeting were accepted as presented.

  2. LAND INFORMATION KIT: Lorraine reported that though she had ordered and mailed a Town check with the order, in June for 30 copies of "Preserving Family Lands" books, they had not yet been received and she had written a letter on this matter to the publishers.She also reported that in response to her request for information on the quarterly newsletter on land preservation issues, she had simply received another copy of a sample newsletter received a while ago. The members decided that if this was all the Commission would receive for $50.00 dues per year, it would not subscribe to same. A review of the list of properties of 10 or more acres was made, eliminating those properties which are already under development or which are known to be in the process of being developed. It was decided to concentrate on properties of 50 or more acres, divide these among the members for contact and then proceed to smaller properties as time and literature permits. Lorraine will contact by mail those property owners who live out of State and will draft a letter to be sent to them. She will also prepare a map showing the location of the various properties on the list in order to facilitate contacting the property owners. With time running out it was not possible at this meeting to allot properties to various members for contact purposes. Lorraine suggested that a special meeting be held to complete the Land Information Package, and this will be arranged at the Commission's next meeting. Janet will prepare a list of property owners with 50 or more acres, and another with less than 50 acres. The 50 or more will be contacted first.

  3. NPC/AQUIFER PROTECTION/ELM STREET: On behalf of John Sennott, Fred Elkind met with the Commission to review the proposed new location of NPC behind the Douglas Texaco Station off Elm Street. The area of the property is about 15 acres, with the proposed 62,700 sq.ft. building plus parking area being placed on the Elm Street side of the property. The property abuts the Souhegan River. There is to be no building in wetland areas nor in the floor plain. The remainder of the site is to be undeveloped. It was explained that NPC is a manufacturing company with waste materials being stored on site in a special container area with concrete flooring, and are removed by professionals. The new building is to contain no floor drains. The company manufactures coring machines, concrete pipe grinding machines and rubber gaskets for connecting concrete piping. It was pointed out by Mr. Elkind that in the process of working on the site, a man-made wetland area was discovered. This area of some 200 sq.ft. was created a few years ago when stumps were buried on the site. The hole dug was below the water table, and as a result of this, wetland plants have developed in the area. If this wetland (man-made) is to be considered a wetland indeed, then the parking area is within the 25 foot buffer zone. The Commission has to make the decision if indeed this is a wetland. The current Wetland Protection District does not address man-made wetlands at all. Margaret Pratt requested an on site inspection of this wetland be made before the Commission makes any decision. This on site is scheduled for 8a.m. on Monday, August 13, and the Commission will make a decision at its work session that same evening. The Commission also questioned the type of heating to be used in the new plant building, but this information was not available at this time. It is also requested that the type of heating be noted on the site plan.

  4. OAKLAND HEIGHTS/MARY CONTI/WETLANDS: Atty. Silas Little, Engineer Phil Tuomala and various members of the public and Planning Board met with the Commission to review a revised site plan for this proposed development. Based upon the recommendations of the Commission, the Wetlands Board had denied a Dredge and Fill permit for this site. Though the Commission had not been advised in a timely fashion, the developers had submitted a request for a rehearing to the Wetlands Board. The Commission received a copy of the revised plan and the covering letter which had been sent to the Wetlands Board in July. Atty. Little explained that the current plan is of a design favored by the Planning Board, though it still passes through the wetlands on site. The Planning Board did not approve two short roads as an alternative which would have avoided crossing the wetlands. Water and sewer lines will be placed in the roadway, also going through the wetlands. Atty. Little stated that the revised plans greatly reduce the impact on the wetlands. He added that the detention basin will be a man-made wetland within four years. The work planned in the wetlands, it was explained, will result in the same amount of water being retained on site as is now. Atty. Little informed the Commission that there is a 3,000 sq.ft. total loss of wetlands in the new plan, which is 10% of the total wetlands on site now. Dave Andrews questioned what would happen when the detention pond silts up as it will inevitably do. Atty. Little stated that this area will be under easement to the Town and it will be its responsibility to take care of the silt. Dave stated that this alone, would destroy any developing wetland in the pond. Atty. Little stated the primary purpose of the pond is to function as a wetland. Janet raised the question of noting on deeds to the various lots that wetlands are protected, but was informed by Atty. Little that no amount of paperwork will protect the wetlands. Steve Turner of the Planning Board informed the members that the Planning Board is of differing opinions relative to the disturbance of the wetlands and the development as proposed. They have basically not dealt with the wetland disturbance and have left that for the Commission to handle. Because of the complexities of this site, the Commission chose not to make a decision whether to support the revised plans or not. Instead, it will meet on August 13 to review, compare, discuss and form an opinion and the decision will then be communicated to the Board of Adjustment for August 16 when this case goes before that Board, and also to the Wetlands Board.

  5. PAUL WENTZELL/ARMORY ROAD/WETLANDS: Lorraine reported that this case had gone before the Board of Adjustment on July 12 and at that meeting, the case was tabled until September 13 because the Board of Adjustment required several items from Mr. Wentzell which were not available at that meeting. That Board is requiring what amounts to a site plan from Mr. Wentzell. It also requires that a member of the Commission be present at the September 13 meeting. To date, no site plan has been submitted to the Board of Adjustment. Lorraine also reported she had talked to Russ about this case and he agreed to attend the September 13 meeting, and to do an on site inspection before that time. If and when a site plan is received, Lorraine will pass it along to Russ.

  6. CARL CHAPPELL/WETLAND VIOLATION: Lorraine reported that in response to our request, a Cease and Desist Order had been sent to Mr. Chappell by the Board of Selectmen giving him 20 days from the date of serving, namely July 12 1990 to take the required actions relative to the illegal work in wetlands. Mr. Chappell took no action at all, and Lorraine was asked by Mark Fougere to provide him with copies of the Commission's communications with Mr. Chappell and the Wetlands Board because Mark was taking the case before Atty. Carol Rolf on August 10 1990. The information needed was provided to Mark. As far as is known, to date the Wetlands Board has not done an on site inspection of this property, as a result of the Commission's report of violation. No Dredge and Fill application has been filed.

  7. ARNOLD BALCOM/WETLANDS VIOLATION: Lorraine reported that this case went before the Board of Adjustment on July 19 1990. Prior to that meeting Kathy Maher, Chairman of the Board of Adjustment, called Lorraine for additional information and the details of the Commission's involvement in this case. At this meeting, the Board of Adjustment granted a special exception for fill already placed in the stream and in the buffer zone. subject to the conditions stated in the letter of July 15 1990 from the Commission to the Board of Adjustment, and subject to the Commission establishing the location of the 25 foot buffer zone. Lorraine put forward the suggestion, and it was accepted by the members, that this 25 foot be measured from the current stream bank in a horizontal plane outward from the edge of the bank. She also suggested that in establishing this zone and conveying it to parties concerned, care be taken to ensure that only the already filled area is involved, and that the normal buffer zone will apply in all other wetlands areas on the property. Because of the complexities of this case, Lorraine also suggested that included in the establishment of this buffer zone should be reference to the reasons why the Commission chose in this case, not to have the fill removed. The members agreed with this, and Lorraine will prepare a draft of a communication to be sent to concerned parties. This draft will be reviewed and finalized at the August 13 1990 Work Session.

  8. NEXT MEETINGS: Because of the lateness of the hour, it was not possible to complete the other items on the agenda for this meeting. Because of this and the fact that items discussed at this meeting required immediate attention, it was decided to hold a special work session at 7p.m. on Monday, August 13, 1990.

It was also decided to hold the September Public Session at 7.30p.m. on Thursday, August 30, 1990 because of Lorraine being on vacation in September.

There being no further business to come before this meeting, it was adjourned at 10.30p.m. upon motion made by Janet and seconded by Bob McEttrick.




MILFORD CONSERVATION COMMISSION

Minutes of Work Session of AUGUST 13, 1990

Present:
Russell Monbleau, Chairman
Margaret Pratt, Vice Chairman
Celeste Barr, Janet Piche, Bob McEttrick, Bill Parker
Lorraine Carson, Secretary

  1. OAKLAND HEIGHTS/MARY CONTI/WETLANDS: Present during the discussions on this case, were Mr. Newberg and Mr. Roger Aveni. During discussions of this case, the following points were raised: Russ Monbleau pointed out that when considering the plan submitted with the original application for the Dredge and Fill Permit and the one submitted for a rehearing dated July 20, several issues came to light, namely that there is no Buffer Zone marked on either, Class 4 Pipestone soils which in this case support wetland vegetation, were not included in calculations as wetlands. Russ was advised by the wetlands Board that when Class 4 soils support wetland vegetation it attests to the wetness of the abutting Class 5 soils. As a result of the Class 4 being ignored and the Buffer Zone not included, the disturbance to the wetlands on the site are much larger than indicated in either the original application or in the request for a rehearing with the Wetlands Board. Lorraine had prepared a comparison of figures between the two plans, which showed very little difference between the two, and the Commission concluded the changes made in the rehearing plan were minimal. The Commission stands by its original recommendations to the Wetlands Board. Russ estimated that there is approximately a 30% increase in wetland disturbance than either plan shows. It was also pointed out that giving consideration to the Buffer Zone, there are buildings in the proposed subdivision which are in this zone, in Class 4 pipestone wetland soils, or are so close to the edge of the Buffer Zone that disturbance to the Buffer Zone would have to take place for construction. After considerable discussion, Russ stated that the position of the Commission remains unchanged - that the site is not developable as proposed; that alternate forms of development with no impact on the wetlands are available. Lorraine will convey this information to the Board of Adjustment for their hearing on this case on August 16 1990. Russ also raised the fact that the Board of Adjustment was holding a hearing relative to a special exception for wetland impact when the State Wetlands Board had already denied the Dredge and Fill Permit. This was something the Commission could not understand, and Lorraine will write a letter to the Board of Adjustment for an explanation of this act. Lorraine will also write to the Wetlands Board to convey the Commission's position on the plans supplied with the request for a rehearing.

  2. NPC/AQUIFER PROTECTION/MAN- MADE WETLAND: Members of the Commission had performed an on site inspection this day of the man-made wetland on this site off Elm Street in order that the Commission could make a decision as to whether a Dredge and Fill application should be made, and whether or not the buffer zone would effect the proposed development of the site. This wetland occurred as a result of a pit being dug on the site in which to bury stumps from an earlier development in the area. The excavation went below the water table. Margaret who went on the site walk, explained that the pit has been dug in sand and gravel which would not support vegetation and does not support it on the sloping sides of the stump dump. The only area where there is wetland vegetation is where the stumps themselves lie rotting. After discussion of the report, Janet put a motion on the floor and it was seconded by Bob McEttrick and voted unanimously in favor of the motion, that the Commission did not consider this a wetland because the excavation took place in a sand and gravel area which does not support wetland vegetation except for the area of rotting stumps which does support wetland vegetation growing on decaying organic matter. Lorraine will convey this to the engineers, and will also inquire into what type of heating is proposed for the building, advising the engineer that if it is gas heat as has been suggested, then the Commission would request the tanks be above ground on a concrete slab and be protected from possible traffic collision.

  3. ARNOLD BALCOM/WETLAND VIOLATION/ESTABLISHMENT OF 25 FOOT BUFFER ZONE: Further to the meeting of August 9, Lorraine presented the members with a draft of a letter, "To whom it may concern", relative to the establishment of the Buffer Zone per the request of the Board of Adjustment. The members were in agreement with the wording, and this letter dated August 14 1990 is part of these minutes by reference thereto. A copy of this letter will be sent to Mr. Balcom, The Board of Adjustment, Planning Board, and the Board of Selectmen.

  4. TOM CURTIS/LCIP/FARM LANDS: Lorraine advised the members that she had received a phone call from Ken Lorden, Jr. relative to her letter to him regarding Burns Hill, the possibility of the Town obtaining ownership of the hill itself, which abuts the Hitchiner Town Forest, and also regarding the mess that continues to persist at the top of the hill, including camp fires. Ken indicated to Lorraine that his father would be the one to contact, and Russ will do so relative to perhaps this becoming a part of the Curtis package.

  5. MEMBERSHIP: Lorraine reported that at their meeting of August 6 1990, the Board of Selectmen made the decision to take care of the problem with terms of office in the Commission at the 1991 appointment period. The Selectmen did agree to elevate Bill Parker from an alternate to a full member to complete the term of resigned Edna Silva. Lorraine will be in touch with Lee Mayhew regarding the need for Bill to sign another Oath of Office. Lorraine also handed out lists of the members names, addresses, phone numbers etc. to those members present at this meeting.

  6. BURNS LAND PURCHASE: It was announced that the closing of this land purchase took place on July 18 1990., Lorraine stated she had received the deed from the Registry in the mail today but had not had time to review same. She had prepared a list of the various costs involved in this purchase as follows: Town funding for the actual purchase: $150,000.00. Expenses associated with the purchase, including a second appraisal as required by LCIP, amounted to $13,533.53.

  7. MASTER PLAN COMMITTEE: It was decided that both Margaret and Janet would be in touch with Mark Fougere or Shirley Carl re this committee, and will report back to the members as needed. This item will not be carried on the agenda.

  8. 1990 TREE PROJECT: Margaret reported that due to several unrelated issues, the trees for this year have not yet been purchased nor planted. This will be done in September.

  9. MAYFLOWER HILL TOWN FOREST: Lorraine reported she had been in touch with Beckie Mann in regard to getting the entrance from Shady Lane developed, but nothing to date has been done. She attempted to contact Roger Lessard from Trailwrights, but had not been able to reach him. She will continue to try. Regarding the sign for Shady Lane entrance, after numerous unsuccessful attempts to reach Bob Wisniewski, Lorraine finally wrote to him. He called her, and delivered one sign just this evening. Lorraine reported that in a brief glance at the sign, she thought it very good. Bob wanted the opinion of the Commission before he makes a second one for the Falconer Ave. extension entranceway. The members accepted Lorraine's report on the sign, and asked that Bob make another one. Relative to erection of both signs, it was decided that a 6"x6" post, pressure treated, be used, sunk in concrete, and Lorraine will ask Bob Courage if his men could put up both signs when the time comes. Lorraine also reported having heard from Bill Rotch that there was a tent and a pile of fire wood stacked on town property in the area of Look-Out Point. She called the Police, found they knew about it, and it was Jimmy Carter's summer home. He had told the police that he was on Ferguson property, but Lorraine advised the Chief of Police that Bill and Helen Ferguson do not own property in that area any more. The camp was on Town property and she requested Mr. Carter be removed. This has now been done.

  10. BUDGET: It was reported that a meeting had been arranged between Lee Mayhew, Town Treasurer Bob Kerr, Russ, Lorraine and Lenny Jarvi to transfer all Commission funds to the signature of the Town Treasurer. This meeting is scheduled for 4p.m. on August 16 in the Town Hall.

  11. JIM LAWLER AWARD: Margaret reported that after several attempts to arrange a time with Jim for presentation of the award, no final arrangements had been made. After discussion, it was decided that Margaret would write a short story as to why the award, and she would arrange with Jim to meet with the Commission members at 7p.m. on August 30 1990 at the Hitchiner Town Forest. ALL members are asked to be present for this presentation. Margaret will notify the members if indeed Jim will be able to make this appointment. Pictures will also be taken, and them and the article will be given to the Milford Cabinet.

  12. RECYCLING/SOLID WASTE DISPOSAL COMMITTEE: Celeste reported that no meeting of this committee had been called yet. She will report back as needed, and this item will not be carried on the agenda until that time.

  13. DRAINAGE REGULATIONS: With Dave Andrews unable to attend this meeting, there was no further discussion on this issue.

  14. SCOUT TROOP AWARD: With Janet having left the meeting early, there was nothing further to report on this issue.

  15. KENNETH WHEELER/MASON ROAD/SEPTIC SYSTEM: Lorraine reminded the members that about a year ago when Carl Anderson was having problems with Mr. Wheeler and his own property adjacent to Mr. Wheeler, it came to Lorraine's attention during an Anderson property on-site inspection, that Mr. Wheeler's septic system leachfield was closer than 75 feet to a wetland which lies on the boundary of the two properties. Lorraine had at that time obtained a copy of Mr. Wheeler's septic system plans and found that this wetland was not shown on the plans. The only wetland shown was indeed more than 75 feet from the leachfield. At the time of this discovery, the members wished to take this matter further but were requested by the Andersons to wait until their own septic system problems were settled. Those have now been taken care of, and the Andersons have all the necessary permits. Lorraine therefore requested the members of their opinion to now pursue this Wheeler issue. The members asked that she discuss the matter with Mark Fougere before taking any action.

  16. LAND INFORMATION KIT: With time running out at this meeting, there was no further action on this issue. Lorraine will attempt to keep the agenda light for the August 30 meeting in order to allow time to finalize this issue.

  17. SAVAGE HILL DEVELOPMENT/SAVAGE ROAD: Lorraine presented the members with a plan of a proposed development on Savage Road directly opposite the Tucker Brook Town Forest. Wetlands are on this site, but supposedly are not to be effected by the development. After discussion, Russ took the plans for further review.

  18. ARMY CORPS OF ENGINEERS/INVOLVEMENT IN WETLAND DISTURBANCE; Celeste presented the members with some documentation which details when the Corps is to be involved in wetland disturbance. This information will serve as a guide to the Commission as to when to advise property owners they need to contact the Corps. Lorraine will read through the literature and prepare a short guideline for the Commission's future use.

  19. PUBLICATION: The NHACC newsletter advised the availability of a publication called "Getting Involved: A Citizen's Guide to Local Planning" at the cost of $1.50. The members requested Lorraine to arrange for purchase of a copy of this publication.

There being no further business to come before this meeting, the meeting adjourned at 9.15p.m.
The next meeting will be on August 30, 1990, with the meeting likely to begin with the Lawler award presentation at the Hitchiner Town Forest. Failing that, the meeting will commence at 7.30p.m.

Respectfully submitted,
Lorraine Carson, secretary



MILFORD CONSERVATION COMMISSION
Milford, N. H. 03055
c/o 33 Adams Street, Milford
Phone: 673-9065
August 14, 1990

re: Arnold Balcom, Armory Road, Milford Map 47 Lot 17
Establishment of 25 foot Buffer Zone
To Whom it May Concern:
At the request of the Milford Zoning Board of Adjustment at its meeting of July 20 1990, the Milford Conservation Commission hereby establishes the location of the 25 foot Buffer Zone on Map 47 Lot 17, as follows:

  1. Beginning on the Balcom property at Armory Road, and extending along the stream, and terminating at the end of the concrete slab as it exists on this date, the Twenty Five Foot Buffer Zone shall be measured in a horizontal plane beginning at the current stream bank and extending outwards therefrom.

  2. In all other areas on this property the Twenty Five Foot Buffer Zone shall be measured in a horizontal plane from the edge of wetlands as defined in the Town of Milford Wetland Protection District Ordinance.

The Milford Conservation Commission made the decision not to require the removal of fill already placed within the 25 foot Buffer Zone as defined in Item #1 above for the following reasons:
  1. The only method available to establish the original extent of wetland is to take core samples, a method the Milford Conservation Commission deemed excessively expensive in view of the disturbance to those wetlands as a result of the existing fill.

  2. What wetlands were in existence prior to the placement of fill therein are now destroyed.

  3. Removal of the fill would not, in the opinion of the Milford Conservation Commission, restore the wetlands.

  4. The nature of the stream and surrounding wetlands now existing or existing prior to the placement of fill, has been disturbed by factors other than placement of fill, vis.
  1. Alteration of the culvert as the stream flows under Armory Road, resulting in the formation of a pool on the Balcom property at the culvert.
  2. Development upstream of the Balcom property resulting in increased flow in the stream.
  3. Other and poorly defined interferences with the stream on the Balcom. property and properties upstream which occured, to the best of the knowledge of the Milford Conservation Commission prior to the Town of Milford having a Wetlands Protection District Ordinance.

Submitted by:
Lorraine Carson, Secretary As per Milford Conservation Commission Meeting of August 13 1990
Copies to:
Zoning Board of Adjustment, Milford Planning Board, Arnold Balcom, Board of Selectmen




MILFORD CONSERVATION COMMISSION

Meeting Minutes of AUGUST 30, 1990

Present:
Russell Monbleau, Chairman
Margaret Pratt, Vice Chairman
Hub Seward, Bill Parker, Bob McEttrick
Lorraine Carson, Secretary

  1. SO.N.H. CONSERVATION COMMISSIONS: A copy of the minutes of the second meeting of this group was presented to the members, with Russ requesting that a copy be sent to Celeste who was unable to attend tonight's meeting.

  2. WETLAND MITIGATION WORKSHOP: This workshop will be held at 7.00p.m. ib Monday, October lst in Derry. Hub Seward and Bob McEttrick hope to attend. It was hoped that Celeste Barr would also be able to attend. Lorraine will advise her of this request.

  3. SCHOOL DISTRICT/WETLAND VIOLATION REPORT: The Commission received a notice from the Wetlands Board relative to a report that Board had received from Frederick Sprague which stated fill has recently been placed in a wetland to expand the parking lot at the school on West Street. Lorraine confirmed that if indeed wetlands are being filled, no Dredge and Fill application has been filed by the School District. Bill Parker took a copy of the report and will investigate by doing an on site inspection. He will respond to Lorraine so that a letter can be sent to the Wetlands Board.

  4. JOINT MEETING OF TOWN BOARDS: Because of new members now serving on the Conservation Commission, the Planning Board and the Board of Adjustment, Russ felt that a joint meeting with these Boards would be advantageous at this point in time. He put forward the recommendation to the Board of Selectmen that such a meeting be arranged.

  5. BURNS LAND PURCHASE EXPENSES: In view of the fact that the Commission is working with Tom Curtis relative to his farm land and LCIP funds, Russ put forward that the expenses incurred in the purchase of the Burns land should perhaps be paid out of the Town Forest Fund seeing this land is part of a Town Forest. This would help to increase the amount of funds in the Land Fund. Lorraine will be in touch with John Ferguson to find out if this is possible, and she will also check into the amount in the Town Forest] Fund.

  6. TOM CURTIS/LCIP: Russ gave a report on activities relative to submitting a request for funds to LCIP for purchase of the agricultural land development rights on the Curtis farm, stating he had talked to Scott Heath of Bramley & Co. who felt that Milford needs to submit a really valuable package because of the fact it has already received funds for conservation lands. He felt that Milford needs to submit a 3:1 package to gain a second lot of funding from LCIP. Relative to additional lands that could be a part of the package, Russ reported having talked to Nick Dadoly who owns land the Commission may be able to acquire for simply allowing Mr. Dadoly the timber rights on the property. John Ferguson will be providing information to Russ and Dadoly relative to the value of the timber etc. The land in question is approximately 15 acres. Russ is also pursuing land on Jennison Road. A third parcel he is investigating to be part of the Curtis package, is land in the Avery Johnson estate, administered by the Bank of New England. Four lots are for sale, one of which is about A2 acres and includes a dam and part of Compressor Pond. Russ pointed out to the Bank that a dam poses a liability to the property owner, and suggested that consideration be given to donating the lot to the Town of Milford and taking this as a tax write-off against another lot. Russ is also still attempting to contact Ken Lorden relative to Burns Hill but has to date been unable to reach him. He will be in touch with Mark Fougere for verification of the telephone number and/or a means of contacting Mr. Lorden. Arrangements have been made for Scott Heath to review some of the above properties in mid September.

  7. OAKLAND HEIGHTS/MARY CONTI/STEVENS & NEWBERT: Lorraine reported to the members the activities that have taken place in this case since the Commission's last meeting. She had received a request from Mr. Newbert for copies of the Commission's Minutes of March 22, August 9 and August 13 1990 at which times discussion took place relative to this proposed development. Lorraine also confirmed she had responded to the Wetlands Board relative to the revised plans, as per the Commission's concerns. She stated that she had today received notification in the mail that the Wetlands Board had voted unanimously to deny a request to reconsider their denial of June 26 1990 because the revised plans do not address concerns. Lorraine will advise the Board of Adjustment for its meeting of September 13 on this case, that the Wetlands Board have denied the request for reconsideration.

  8. PAUL WENTZELL/ARMORY ROAD/MINI STORAGE: Lorraine advised the Commission that Mr. Wentzell will not be appearing before the Board of Adjustment on September 13 as originally planned. For the time being Mr. Wentzell has withdrawn his proposal.

  9. CARL CHAPPELL/WETLAND VIOLATION: Lorraine advised the members she had obtained a copy of the suit filed by the Town of Milford against Mr. Chappell. A copy of this has been sent to the Wetlands Board, with a copy of that covering letter being sent to the Planning Board at the request of Mark Fougere.

  10. MEMBERSHIP: Lorraine reported having made several attempts to reach Lee Mayhew relative to whether or not Bill Parker has to be "re-sworn-in" because he is now a full member instead of an alternate. She will continue to try to find out and will report accordingly to Bill.

  11. MAYFLOWER HILL TOWN FOREST: Lorraine reported that continual attempts to reach Trailwrights for a progress report on the accessway from Shady Lane have failed. She will continue to try. She also informed the members she had written a letter to Bob Wisniewski requesting him to make another sign like the first one he made. Relative to boundary markings, Hub reported that they are "more or less" completed, except for some confusion on the precise location of some bounds on the stand pipe property. Lorraine reported she is still attempting to obtain information/deeds/documents relative to the fact that the Town lost a portion of the depth of the standpipe property when Shady Lane was constructed. The Town has no records of this. Her attempt to obtain documentation from Atty. Bielagus failed, and she is now attempting to contact Ronald Pomerleau of Nathan Lord Corp. which laid out the subdivision and Shady Lane.

  12. BUDGET/FINANCIAL MEETING: On behalf of Russ who had already left this meeting for personal reasons, Lorraine reported that the scheduled meeting between herself, Russ, Town Treasurer, Town Accountant and Lee Mayhew had not taken place on August 16. At the last minute Lorraine was not able to attend this meeting, but Russ did only to find it had been cancelled without his receiving notification of same. Russ recommended that this issue now be dropped until the Commission receives further instructions from the Board of Selectmen.

  13. JIM LAWLER AWARD: Margaret reported that Jim was not able to attend the hoped for presentation this evening at the Hitchiner Town Forest. It has now been scheduled for 7.30p.m. in the Town Hall at the Commission's October 11 Public Meeting. Margaret stated she would not be able to attend this meeting, but would prepare everything in advance and have John Ferguson present the award. An article and photographs for the Milford Cabinet will be available.

  14. HITCHINER TOWN FOREST: Lorraine raised the fact that she had never been able to make arrangements with Harold Webster to remove the trees along the stone wall which are encroaching upon the open fields. She suggested that she contact a local tree removal company, namely Trees Are Us, and talk to them about this job. The members asked her to do this, and obtain a quotation on the cost. Something also has to be done about having the fields cut this fall.

  15. SCOUT TROOP AWARD: This is an issue which has been on the agenda for many months, and in discussion of same, the members made the decision to drop this project due to lack of action on the part of Janet who was to be organizing same.

  16. DAVID WHEELER/LEACHFIELD/WETLANDS: Lorraine reported that as requested by the Commission, she had talked to Mark Fougere regarding reporting of the fact that this leachfield is within 35 feet of a wetland not shown on the original septic system plans approved by the State. Mark's reaction was to report the problem. A letter was therefore sent to the Water Supply and Pollution Control Commission. A copy was sent to the Milford office and to the Planning Board.

  17. MINUTES: On motion made by Bill Parker and seconded by Margaret Pratt, it was voted unanimously in favor of the motion to approve the Minutes of the August 9, 1990 meeting and of the August 13, 1990 meeting, as presented.

  18. ML REALTY/DREDGE AND FILL: Lorraine advised the Commission that the Wetlands Board had issued the Dredge and Fill permit to dredge and fill 14,500 sq.ft. for one access road crossing and one driveway crossing in this 54 lot subdivision. The conditions of the approval are on file in the ML Realty file.

  19. SOUHEGAN RIVER TRAIL: Hub did not have much activity to report but said he planned to do a canoe trip on that section of the river to see how many streams entered the river and how many bridges would therefore be needed. Lorraine advised him that on the Ferguson and State lands there are already some bridges which could be incorporated into the trail system.

  20. RINDGE CONS. COMM/CONSERVATION EASEMENT ENFORCEMENT: Lorraine brought to the attention of the members that the Rindge Conservation Commission successfully enforced through legal means conditions of a conservation easement which had been violated, and succeeded in having the violators replace at their expense several trees that had been illegally cut down. The members agreed that this information should be on file for our possible future reference.

  21. DRAINAGE REGULATIONS: At Lorraine's suggestion, the members agreed to set aside this issue until the December meeting, at which time a block of time will be set aside to work on this project.

  22. HAMPSHIRE HILLS SKI TRAILS: Margaret agreed to doing an on site inspection of these trails and have her report for the October 11 meeting.

  23. LAND INFORMATION KIT: With Janet not present, there was no further action on this item. Lorraine reported that inspite of letters having been sent to the Preserving Lands outfit, the booklets still had not been received. She will again write about this issue. The booklets were ordered in June.

  24. TOWN LAND AT HATCHERY: Larraine reported she had been contacted by the State Fish and Game Dept. regarding their possible aquisition of this land and that an on site inspection is scheduled for September 4 at 10a.m. She will attempt to have Earl Fitch present because of his considerable knowledge of this piece of land.

  25. ST. JOSEPH MEDICAL CENTER/NASHUA STREET/AQUIFER PROTECTION: Lorraine presented the members with a plan and letter from John Sennott regarding the proposed extension of the Medical Center which is over the aquifer. The proposed extension results from the fact that the current medical center building does not meet codes established by the Joint Committee on the Accredidation of Hospitals and it would be too expensive to renovate the existing building. The addition will be a one story 6,400 sq.ft. building. In John's letter it was pointed out that drainage from the parking areas will be carried via two catch basins to a retention basin behind the existing parking area. Provisions are also proposed in the event of a flood. His letter stated that no wetlands or buffer zones are involved in the proposed addition. No floor drains are proposed. The building will be served by Town sewer and water. Lorraine pointed out that medical wastes from such a facility are disposed of in accordance with State regulations.
    This item did not appear on the agenda for this meeting because Lorraine only received notification of same this morning. However, because the Commission was not meeting again until October and this case goes before the Planning Board prior thereto, the Commission decided to take action on same tonight in order to keep the process going.
    After discussion, Margaret Pratt put a motion on the floor which was seconded by Bob McEttrick and voted unanimously in favor of same that, due to time constraints and not wishing to hold up the approval process with other boards, the Commission take action on this case inspite of it not being on the posted agenda, and approve the proposed development in the Aquifer Protection District due to the fact that the Commission felt the use was within the regulations of that District. It is the understanding of the Commission that there will be no encroachment on the wetlands behind the current Medical Center. Due to personal involvement with the Medical Center, Hub Seward took no part in the discussion or voting on this case.
There being no further business to come before this meeting, the meeting adjourned at 9.30p.m.
The next meeting, a Public Meeting, will take place at 7.30p.m. on Thursday October 11, 1990 in the Town Hall.

Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of OCTOBER 11, 1990

Present:
Russell Monbleau, Chairman
John Ferguson, Celeste Barr, Bob McEttrick, Hub Seward, Bill Parker
Vivian Barry, Selectmen's Rep.
Lorraine Carson, secretary

  1. MINUTES: On motion made by Bob McEttrick and seconded by Bill Parker, it was voted unanimously 4/0 to accept the Minutes of August 30, 1990 as presented.

  2. JIM LAWLER AWARD: On behalf of the Conservation Commission, Russ presented Jim Lawler with an award plaque for the amount of work he has done at the Hitchiner Town Forest. It was presented with sincere thanks and gratitude for the improvement made to the Town Forest for public use. Jim Lawler extended his thanks to Gerry Ryan, past Scout Master and present at this presentation, for his valuable assistance in the work performed.

  3. WORKSHOPS ETC.: The members were presented with several workshops planned for the near future, as well as other events.

    1. Saturday, October 20 at 9.30a.m.: there will be a celebration and tour of Tucker Brook Town Forest and Mayflower Town Forest. Hosted by LCIP it results from the newly acquired Bill Burns land and Bill Rotch land. Russ had contacted several individuals requesting them to attend. Of the Commission, the following members will attend: Russ Monbleau, Hub Seward, Bill McEttrick and Bill Parker. Vivian Barry was requested to find out who from the Board of Selectmen will attend.

    2. Saturday and Sunday, November 10 and 11: A lecture on Tax Aspects of Land Conservation in Concord. No members were intersted in attending.

    3. Saturday, November 3, 8.15a.m. - 3.30p.m.: NHACC annual meeting which includes several lectures. Lorraine and Celeste requested permission to attend at a fee of $20.00 each. Celeste will write a note to the Selectmen requesting permission to attend and for an expenditure of $40.00 from the Commission's budget.

    4. A Wetland Mitigation Workshop was reported as being available at the August 30 meeting, to be held on October 1. Hub and Bob were planning to attend, but neither made it.

  4. MILFORD SCHOOL DISTRICT/WETLAND VIOLATION: Lorraine reported she had learned from Mark Fougere, upon returning from vacation, that Gerry Rosenberg had made an on site inspection on August 9 and his report stated that though fill had indeed been placed on the site, no wetlands were involved. Lorraine had therefore advised the Wetlands Board of this fact, sending copies of the report. This issue is now closed.

  5. JOINT MEETING OF TOWN BOARDS: Russ advised the members that this meeting took place in September. He presented a written report of the results of that meeting, which is made a part of these Minutes by reference thereto.

  6. BURNS LAND PURCHASE EXPENSES/TOWN FOREST FUND: Lorraine advised the members that in recent communications with John Ferguson, it was established that the Town Forest Funds could be used to defray the purchase expenses incurred relative to the Burns land. Lorraine also reported that those expenses amounted to over $13,000.00; that there is approximately $10,000.00 in the Town Forest Fund; that $8,000.00 of that is in a Certificate of Deposit which comes due October 22; that the total Land Fund is in a Certificate of Deposit which comes due February 5, 1991. After a brief discussion, the members made the unanimous decision to transfer funds from the Town Forest Fund to the Land Fund relative to the Burns land only if needed at some future date.

  7. PMS CONSOLIDATED/AQUIFER PROTECTION DISTRICT: It being 8p.m., the appoint- ment time given to this issue, the members opened discussion with those present. Engineer, Jim Franklin of Bedford Design Associates, briefed the members on the type of work proposed by PMS. The company will be custom formulating colorant materials to be used by plastic processors. The proposed facility will be using pigments in dry powder form. These are blended, extruded and chopped into pellets. The final product will be in the form of plastic pellets that encapsulate the pigments that are used by plastics processors to color their final products. Most of the dry powder pigments used contain no environmentally hazardous materials, except for a few which contain small quantities of heavy metals. Once encapsulated, the pigment powders are environmentally stable. It was explained that because of the expense of the pigments, extremely caution takes place during working with them and rigid clean-up measures are maintained. A dust collection system continually vacuums dust from the facility's air and recovers it in drums for reuse. The floors are cleaned daily to prevent powder buildup. The facility will also be equipped with a pretreatment system designed to meet the stringent wastewater discharge standards enforced by Milford. Various aspects of possible catastophic events were discussed, and the resulting request for further information follows. Relative to wetlands on site, a site assessment for wetlands was presented to the members. There will be no disturbance of wetlands or buffer zone on the site. The closest the development will come to wetlands is 30 feet. The wetlands have been flagged. Russ stated that the Commission's concerns are relative to the materials to be stored on site with the aquifer beneath. A contingency Plan for a PMS plant in Gardena, California, was presented. A similar one is being prepared for the Milford site. The buildings will have concrete floors, and an emergency coordinator will be available at all times in case of problems. Celeste requested a list of all the products to be on the site at any time. There will be floor drains in the building and a discharge permit application is in process. It was stated that with 10 plants throughout the country and 34 years in existence, there has never been a dangerous situation relative to the environment with PMS. It was stated that the products used are not water soluable, and that water used on site is filtered before it leaves the site. PMS will have a treatment facility on site and will monitor the output before it is fed into the Town's sewer system.

    Relative to the Aquifer Protection District, Russ raised the question of the meaning of the word "bulk", Section 6.04, #L. Mark Fougere, present for this discussion, offered the opinion that this word refers to large scale storage of hazardous materials. Russ wanted the question of how the hazardous materials are brought to the site, stored, method of containment for transportation off site, size of containers, etc., answered. In discussion of the paved parking area, the suggestion was offered that it should have a berm around it and slope towards the building to prevent contaminants from entering the wetlands on site and the aquifer. There being no further discussion, Celeste Barr put a motion on the floor and it was seconded by Bob McEttrick and voted unanimously in favor of the motion 4/0 that the Commission would make no decision at this time, but would await the following prior thereto: definition of the word "bulk" from Town Counsel; MSDS sheets covering a full list of all solvents and corrosives etc. used on site; details of packaging of the materials; arrival, on-site and departure container type and size details; quantities to be stored on site. As soon as this information is in hand, the Commission will give it due consideration and prepare its recommendations within the shortest possible time.

  8. TOM CURTIS/LCIP: The report on lands involved in this case was received from Scott Heath of Bramley & Co, together with an invoice in the amount of $2,000.00. The deadline for submission to LCIP is November 1 1990. Russ reported that the results in this report came to lower values of the lands involved than was originally hoped. The report covered the Curtis land, a conservation easement on 8 acres owned by Ulricson, 17 acres owned by Dadoly, and 7.8 acres on Lovejoy Road which is owned by the Avery John- son Trust. The latter piece Russ advised the members has now been with- drawn. A timber harvest report from John Ferguson was also provided and this too was lower than had been expected. Russ had advised Tom Curtis of the report and its contents. He added that even if Dadoly donated his land at full value, and Ulricson donated the easement at full value, it would not amount to what Tom is hoping to get for his land. Russ also concluded from the report that a portion of the Curtis land included in the possible sale, was not included in the report and he will be talking further to Scott about this. Russ's opinion was that it does not look good relative to having LCIP funds available. Russ will also be in touch with both Dadoly and Ulricson again, and will submit the application to LCIP if at all possible. Relative to the invoice from Bramley & Co., Bob McEttrick put a motion on the floor which was seconded by Celeste Barr and voted unanimously in favor of the motion 4/0 to pay the invoice in the amount of $2,000.00 the funds to come from the Unrestricted Fund account. Lorraine will ensure that the invoice is paid.

  9. OAKLAND HEIGHTS/CONTI: It was reported that the Wetlands Board had denied a request for a rehearing on this case stating that the revised plans offered no significant reduction in wetland impact and that the numerous proposed impacts, taken accumulatively, would result in degradation of wetlands functions for the entire wetland on the site. Mr. Newberg had advised Lorraine that his partner is now out of the project and that he alone is carrying on. He is scheduled to meet with the Commission in November to present a completely revised plan which reduces the number of lots to 8, with apparently only one driveway crossing the wetlands.
    Russ also reported that it turns out there are actually far more wetlands on this site than the soils scientist originally located, which makes the impact of the original design even greater.

  10. CARL CHAPPELL/WETLAND VIOLATION: It was reported that the Superior Court fiad issued a Stipulated Order to Mr. Chappell which included the fact that he would seek a Dredge and Fill permit immediately, that he would apply to the Board of Adjustment, and that within 5 days of any request from the Conservation Commission, he would provide hay bales or other stabilization methods as requested. It was also stated that it had been learned within the past few days that in June, Mr. Chappell had submitted a Dredge and Fill application to the Wetlands Board, but had omitted to submit it to the Town Clerk first. Inspite of lacking that signature, the Wetlands Board has accepted the application. A letter has now been sent to the Wetlands Board advising them of the fact that there is this error and that no copies of this application are on file in the Town Hall. An on site inspection has also recently been done by the SCS, but that report is not in hand yet.

  11. MEMBERSHIP/BILL PARKER: Lorraine reported she had learned from Lee Mayhew that Bill is required to sign another Oath of Office as a result of him now being a full member as opposed to an alternate. The paperwork is ready in the Town Hall, and Bill said he would take care of this at the earliest opportunity.

  12. MAYFLOWER HILL TRAILS: Hub reported that on September 16, he, Trailwrights and members of the Girl Scout troop prepared a trail from Shady Lane through the Standpipe land to join with existing trails on the site. The trail has been blazed. At this point there is a trail which runs partly over private land, and this section will not be blazed. Hub is also working with the scouts as to what existing trails should be used and what not used because of private lands being involved. It was felt that if the trails are blazed to indicate the route to be followed that it should be the responsibility of private property owners to post their own land to avoid public use of same. Relative to Falconer Avenue Extension, Hub reported that there is still a pile of old fencing and other debris blocking this entranceway. It is the understanding of the Commission that this debris was put there by William Crawford, and it was suggested that a letter be sent to him requesting removal of same by a certain date, and failure would result in the Town removing the debris and he being charged for same. Lorraine suggested that before this is done that she review the file as to what activities have already occured relative to attempts to have this mess removed.

  13. FIRE WOOD FROM TOWN FORESTS: Russ reported he was contacted by Patty Horne and the Building Inspector relative to permitting individuals requesting fuel assistance from the Town, to cut their own fire wood on Town Forests. Russ then talked to John Ferguson who felt there were about 30 cords of suitable wood on the properties. Russ made the decision that should this wood be made available, it should be removed by a professional preferably with horse and skid rather than motorized vehicles in order to make the least impact on the land. The cost for this was estimated to be about$2000.00 and the Conservation Commission would have to be reimbursed by the Town for this expenditure.
    In discussion of this proposal, the members generally did not agree with opening the lands for this purpose, and in addition, much of the wood would be green wood and therefore of little value as fire wood. It was also felt that most likely, many of the fuel assistance applicants would not have wood stoves. At this point in time, about 5 homes are involved, and the cost of removal would be higher than it would be to provide fuel assistance. The Commission felt it was not a feasible idea.

Because of the lateness of the hour, it being 10p.m., it was decided to close this meeting, although about 10 items still remained untouched on the agenda. It was also decided to prioritize agenda items in order to at least be able to accomplish the most important issues at each meeting. This is due to the fact of the Commission having so many issues before it at all times.
The next meeting, a work session, to complete the agenda and attend to any new items requiring urgent attention, is scheduled for 7.30p.m. on Thursday October 25, 1990.

Respectfully submitted
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Minutes of Work Session of OCTOBER 25, 1990

Present:
Russell Monbleau, Chairman
Hub Seward, Bob McEttrick, Janet Piche, Celeste Barr
Lorraine Carson, Secretary

  1. MINUTES: On motion made by Hub Seward and seconded by Celeste Barr, the minutes of the October 11, 1990 Public Meeting were accepted as presented with the following changes:
    Item 13 Fire Wood/Town Forests, Russ stated he had been contacted by Lee Mayhew on behalf of Patty Horne (not BY Patty Horne); Russ stated that there was wood available for no more than five homes (not that five homes were involved). The vote was 4/0.

  2. PMS/AQUIFER PROTECTION DISTRICT: The Commission was in receipt of various pieces of information requested of PMS. It also received a letter from Mark] Fougere relative to the Aquifer Protection Ordinance and the location of PMS in this District. This letter indicated that both Mark and Town Council were of the opinion that P14S did not fall under the prohibited uses. After After due consideration of the facts presented, it was the opinion of the Commission that PMS formed a permitted use in the Aquifer Protection District as that Ordinance reads of this date. The Commission therefore does not and cannot deny the use as proposed. The usual recommendations of the Commission relative to this District have been already met by PMS and therefore there were no further recommendations or comments.

  3. AQUIFER PROTECTION DISTRICT: As a result of discussions regarding PMS and reference in the Ordinance to "bulk storage", it was the opinion of the members that this ordinance requires some revisions. Lorraine was requested to make this desire known to Mark Fougere, and to make arrangements for further work on the ordinance.

  4. BUDGET AND WARRANT ARTICLES: Lorraine presented the members with a Budget Report for the third quarter of 1990. Discussion and decisions were as follows:
    1. File Cabinet: the amount of $220.00 set aside for this item was moved to Unassigned Funds due to the fact the item was purchased from the Equipment Appropriation.

    2. Summer Camp: As only one student was found for this event, the balance of $210.00 was moved to the Unassigned Fund.

    3. Tree Project: An amount of $1,000 had been set aside for this project; this was later reduced to $500.00. To date no purchase of any trees has been made, and with it being so late in the year, it was decided not to spend any funds on the Tree Project for 1990. $1,000 was therefore added to the Unassigned Fund.

      Expenditures to the end of September 1990 amounted to $1450.79, with an amount of $3549.21 unexpended at that date.

    4. Curtis/LCIP/Land Appraisal Costs: Because of the amount unexpended to September 30 1990, and the fact that the $2,000 for this appraisal had been paid from the separate Donations and Accumulating Fund Account, and because the members considered this a ligitimate expense, Hub Seward put a motion on the floor, seconded by Celeste and voted 4/0 in favor of the motion to move $2,000.00 from the Operating Budget to the Donations and Accumulating Fund thereby paying the appraisal costs from the Operating Fund.

    Relative to Warrant Articles for the 1991 Town Meeting, the following decisions were made:
    1. Current Land Use/Change of Use Penalty: On motion made by Celeste and seconded by Hub, it was voted 4/0 to drop a request for 100% of this penalty to go towards the Conservation Land Fund.

    2. Conservation Land Fund: On motion made by Hub and seconded by Celeste it was voted 4/0 to submitted a warrant article requesting an appropriation of $50,000 for this Fund.

    3. Operating Budget: On motion made by Celeste and seconded by Hub, it was voted 4/0 to request $5,000 for this account for 1991.

    4. Conservation Assistant: The members discussed funding for this position which has been in the amount of $6,300 for the past two years. Issues discussed were: no hourly increase has been available since the position was created; the position is part-time and therefore carries no expense for holidays, vacation, unemployment compensation or health insurance. The amount allows for approximately 15 hours/week but does not take into consideration the paid hours now needed for meetings, which since mid April amounts to about 26 hours. After discussion, Janet Piche put a motion on the floor and it was seconded by Celeste and voted 4/0 in favor of the motion to request $7,275 for this position for 1991 which amount would provide for a yearly total of 785 hours and which includes $465.00 for a 7% pay increase.

    Relative to the Equipment Fund for the new office space, Lorraine reported she had attempted to have Ralph Pierce make the needed book case for a cost of $50.00, only to find that Mr. Pierce is no longer in Milford, and is now living in New York State. The members therefore asked Lorraine to visit a company which makes unfinished furniture to seek a suitable book shelf for a cost of no more than $50.00.

  5. HITCHINER TOWN FOREST: Lorraine reported she had met with Trees Are Us at this site to review work to be done to clear out the trees growing in from both the large and small fields along the stone wall, and thus retain the fields as fields. A cost of between $600 and $800 per field was given as a quotation. Among the debris growing in this area were two or three good trees which will be saved and pruned as needed for the same price. After discussion, Janet put a motion on the floor and it was seconded by Celeste to hire Trees Are Us to perform the above described work for a cost of between $1,200 and $1,600 in total. The vote was 4/0. Lorraine will advise Trees are Us.

    Relative to cutting the fields, Lorraine reported she had contacted Harold Webster to do the work as in the past, and he collected the key today to do the work within the next couple of days.

  6. DAVID WHEELER/WETLANDS/SEPTIC SYSTEM: Lorraine reported that a letter had been received from Eric Merrill, the local representative of Water Supply and Pollution Control, stating that on September 7 1990 an on site inspection was made to the site on Mason Road and no evidence of a wetland was found. It went on to state that the only evidence of water was found near the left hand edge of the Wheeler property which appeared as isolated small pockets that were dry at the site visit, which was now quoted as being September 11 1990. In Mr. Merrill's review of the approved septic system plan for Mr. Wheeler, he noted that the house and driveway were opposite from where shown on the plan; five contour lines at the left edge of the property indicated a 10 ft. elevation change from the corner lot marker to finish grade over the leach area. The site visit verified that this elevation change was not visible and the bed appeared to be installed several feet too low. Lorraine had also obtained a copy of a December 3 1987 soils report from Gerry Rosenberg which stated that he had made an on site at that time and had determined poorly drained soils to be present adjacent to two intermittent streams crossing the Anderson lot. It was not clear if Gerry's letter referenced the small wetland that lies on the Anderson property immediately adjacent to the Wheeler property. Lorraine reported having talked to Kevin Lynch, Building Inspector, about this problem, and learned that he could take samples of the water and test it for fecal content. He agreed to do this. Lorraine contacted Mrs. Anderson and obtained her permission to go onto her property for this purpose. She will be advised of any findings. After discussion of the facts presented, the Commission requested that a letter be sent to the Wetlands Board advising them of the problem and including the fact that an SCS report is in hand; that the Commission is in the process of obtaining water samples; that WSUCC did not find a wetland in the area of concern, but the Commission did. Lorraine requested permission and was granted permission, to do an on site herself again prior to writing this letter.

  7. SOUHEGAN RIVER TRAIL SYSTEM: Hub Seward reported he had been in touch with some of the property owners who will be involved in this trail. Stan Trombly gave approval but expressed concerns because of possible vandalism to his corn fields which run along sections of the River; Bill Ferguson was in favor of the trail through his property; Hub found the Souhegan Aquaculture to be in favor. Lorraine advised the members that the land on which the Aquaculture stands is owned by Stan Trombly and we already have an easement deed to this section. It has not yet been recorded and Lorraine was asked to take care of this. Other property owners are still to be contacted by Hub. Russ requested Hub to contact Trailwrights for a possible estimate of the cost of two foot bridges over the Souhegan River so that the trail could begin in Emerson Park, cross the River into Keyes Field and then recross the River at the Milford Hospital Association's land. Relative to obtaining permission to use the Hatchery land and the fact that the Hatchery superintendent had earlier indicated that section of the trail would have to be closed at 4p.m. because that is when the Hatchery closes, Lorraine offered to contact Fish and Game in Concord for further information.

  8. HAMPSHIRE HILLS SKI TRAILS/WETLANDS: With Margaret Pratt not present at this meeting, there was nothing further to report on this issue.

  9. TOWN LAND AT THE HATCHERY: Lorraine reported she had made a brief on site inspection of this land with Richard Tichko of NHF&G on September 4 1990. It was Mr. Tichko's opinion, as has been the opinion of others who have knowledge of this site, that the land's value is less than the cost of a survey. Mr. Tichko agreed this land had value as wildlife habitat, and he agreed to be in touch with the Federal Government regarding the State acquiring this property. Some funding may be available. If the the Feds are in favor, the State will "take over" the property and pay a token for same. The Commission awaits a response from Mr. Tichko.

  10. OSGOOD POND/NO HUNTING SIGNS: Lorraine reported that while she was on vacation, Gerry Abdinoor had written a letter to Russ requesting these signs be erected, with particular emphasis on an area of the pond accessible via the Lorden logging road. Somehow, this request reached Bob Courage who took care of erecting the signs as requested. Lorraine will send a letter of thanks to Bob.

  11. WETLANDS BOARD/PELHAM VIOLATION: The Commission was advised of and discussed the Wetlands Board's recent reaction to an after-the-fact dredge and fill in Pelham. It was noted that an administrative fine was considered and a request for restoration plans for more than the amount filled was made. The Wetlands Board also requested consideration be given to revokation of the engineer's license because of misinformation given in this case. The Commission was pleased to note the Wetlands Board is using its authority in cases of violations of wetlands.

  12. SUPPORT OF THE HERITAGE TRAIL: The Commission had received a request for financial assistance in the building of this trail. Because the trail does not go through Milford, it declined to give any financial assistance.

  13. EMERSON PARK: Lorraine made the following reports and requests relative to Emerson Park:
    1. Some of the flower plants that had been planted this spring had not taken in the area of the granite stone. She will be selecting new plantings for next spring, and may present a request for payment from the Nees Bequest interest.

    2. One park bench at the granite table in the Park has "gone missing". Lorraine had spoken to Bob Courage about this, but he knew nothing of it and it was assumed it had been stolen. Lorraine requested the use of interest from the Nees Bequest to replace same. In discussion the members felt that two benches should be purchased as there is a need for more benches in the Park. The approximate cost per bench is $180.00. Janet put a motion on the floor which was seconded by Celeste and voted 4/0 for Lorraine to purchase two benches for the Park and use interest from the Nees Bequest in payment.

    3. Lorraine requested permission to plant some irises in Emerson Park which were available in excess in her own garden. Janet put a motion on the floor and it was seconded by Hub that Lorraine be authorized to perform this task as part of her work as Conservation Assistant, the vote was 4/0. The work should take no more than a couple of hours.

  14. MEMBERSHIP/BILL PARKER: Bill was unable to attend this meeting because business commitments, so it was not known if he had had the time to take the oath for a full time member.

  15. TUCKER BROOK/MAYFLOWER TOWN FOREST CEREMONY: Russ reported that he, Bill Parker and Hub Seward had attended this LCIP ceremony on October 20 1990. Bob McEttrick had attempted to attend, but had been unable to locate the meeting place.

  16. MAYFLOWER HILL TOWN FOREST: Hub Seward reported he had found trees cut on the town land and had talked to the abutting property owner who had done this. The property owner claimed they were dead trees hanging over her property. Hub was requested to immediately find out who the property owner is, and to take pictures of the area. These will then be sent to the Board of Selectmen with a request for action on their part. This act is in violation of the Conservation Land Ordinance.

  17. NHACC ANNUAL MEETING: Lorraine confirmed that payment for her to attend had been submitted. At this point in time Celeste was still not sure she would be able to attend.

  18. FALCONER AVE. EXT./ACCESSWAY/MAYFLOWER HILL: As requested, Lorraine provided the members with a brief history of the situation as follows: April 1989 the Building Inspector sent a letter to William Crawford requesting removal of the camper, old building debris and pile of fencing materials from the right of way. The camper was removed, but the other debris remains to this date. Later in April 1989, Mr. Crawford met with the Board of Adjustment to claim no public use of this right of way and therefore to have it added to the abutting property, part of which he owns. At that meeting, Lorraine had provided information as to the frequent public use of this right of way to reach the town lands. The result of this was that Mr. Crawford decided to proceed to quiet title to this right of way. To date nothing further has been heard relative to this action. With this information in hand. the members requested Lorraine prepare a letter to the Board of Selectmen advising them the debris still blocks this accessway, requesting them to have Mr. Crawford remove it, and advising Mr. Crawford that if he does not, the Town will at his expense.

  19. LAND INFORMATION KIT: With yet another meeting not providing sufficient time to work on this issue, the members requested Lorraine set aside about l-'2 hours of time on the agenda for the November 8 meeting so that this project can be completed.

  20. RUSSELL MONBLEAU: Russ advised the members that he will not be seeking reappointment to the Commission in March when his term expires. He felt that 13 years is enough and it is time to move on to other activities and leave the chairmanship to somebody else.

  21. NHACC DUES FOR 1991: An invoice for this in the amount of $328.00 was received, but not due until March. Celeste out put a motion on the floor and it was seconded by Janet and voted 4/0 in favor of the motion to authorize Lorraine to process for payment when due.

  22. MASTER PLAN COMMITTEE: Janet Piche advised the members she was not able to hold to her commitment to attend this Committee's meetings. She stated that Margaret Pratt had attended. She asked to be replaced, but there was no other member interested in being on this Committee.

  23. KEYES FIELD/EROSION ALONG SOUHEGAN RIVER: Russ reported Mark Fougere had requested a letter from the Commission supporting work planned to control the erosion taking place along the riverbank and eroding into Keyes Field as part of a package Mark had prepared to be sent to the State for funding application. He had prepared same and supplied a copy for the files. In Russ's letter, he had put forward the suggestion that when this work takes place that a canoe launching site be included.

    The application is for $50,000.00.

  24. OAKLAND HEIGHTS/CONTI SUBDIVISION/OSGOOD ROAD: Though this item was not on the agenda, the Commission received and discussed two proposed new plans for the development of this site. The plans call for a reduction in the number of lots from 14 to 8. Mr. Newbert, now the only one involved in this development, will be meeting with the Commission on November 8 1990. Plan A involved 7,710sq.ft. of wetlands and 9,180 sq.ft of Buffer Zone; Plan B involved 8,760 sq.ft. of wetlands and 6,240 sq.ft of Buffer Zone. Both plans now included all wetlands on the site, which total is considerably more than the plans for the previous 14 lot subdivision showed due to errors during the development of those plans. It was therefore difficult to assess any reduction in wetlands involved, but the Commission generally favored Plan A as this would look better to the Wetlands Board (they are not concerned with Buffer Zone impact), and in Russ's opinion, to deny this substantially changed plan could be construed as a hardship. Both plans still show the roadway going across the wetlands on site. Further discussion will take place when Mr. Newbert meets with the Commission.

  25. BURNS AND ROTCH MYLARS: Lorraine reported that no amount of searching had served to locate these two mylars, missing since the closing on the Burns land in July. Russ said he would search his files further in the hope they can be located. Failing that, it will be necessary to obtain copies from the surveyor who prepared them originally.

There being no further business to come before this meeting, the meeting adjourned at 10p.m.
The next meeting will be a Public Meeting at 7.30p.m. on November 8, 1990 in the Town Hall.

Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of NOVEMBER 8, 1990

Present:
Present:Margaret Pratt, Vice Chairman
Bill Parker, Hub Seward, Janet Piche, Bob McEttrick
Lorraine Carson, Secretary

  1. MINUTES: On motion made by Bob McEttrick and seconded by Janet Piche, it was voted unanimously to accept the Minutes of the October 25, 1990 meeting as presented.

  2. OAKLAND HEIGHTS/CONTI SUBDIVISION/OSGOOD ROAD: Richard Newbert, now the sole developer of this subdivision, met with the Commission to review a new plan which reduces the number of lots to eight lots, one of which already has a house on it. This plan dated October 17 1990 includes the corrected wetland soils and if accepted as is, includes 7,710 sq.ft. of wetland disturbance and 10,630 sq.ft. of Buffer Zone disturbance. The plan provides for a paved "Y" extension from Oakland Drive to access lots 34-21-4 and 34-21-5. From one leg of the Y, a 16 foot driveway provides access to Lots 34-21-7 and 34-21-6. The remaining lots are accessed from Osgood Road. The disturbance to the wetlands arises from the "Y", the 16 foot driveway and drainage work to reduce impact on Lot 33-4-7. Mr. Newbert explained that the utilities to the two back lots would follow the 16 ft. driveway. He described various items in a list of covenants he is preparing for the deeds to the lots in the subdivision. The Commission requested a copy of the completed covenants. After review of the proposed new subdivision, it was the opinion of the Commission that the impact on the wetlands on site was reduced from the previously submitted plans, and with the reduction in lots the members felt this plan could be accepted. The Commission requested that the wetlands and the buffer zone be flagged prior to commencement of work, and that this request be included on the final plans. Mr. Newbert will proceed with the filing of the Dredge and Fill application.

  3. LAND INFORMATION KIT: After a brief discussion of how to go about making contact with the properties owners of 40 or more acres, it was decided to divide the list of names as follows: Page 16 with 9 names - Bill Parker; Page 17 with 8 names - Hub Seward; Page 18 with 7 names - Margaret Pratt; Page 19 with 8 names - Bob McEttrick; Page 20 with 9 names - Janet Piche (this includes the first two names on Page 21); Balance of Page 21 - 9 names - Celeste Barr; Page 22 with 6 names - John Ferguson. It was decided not to give a page of names to Russ Monbleau because of his extremely personal/business workload, and the same was felt with Dave Andrews. Each individual will be contacted by telephone except for those living out of state, and depending on the interest shown will be provided with a copy of the kit and a copy of "Preserving Family Lands" if the interest is great enough. For contact with out of state property owners, Janet will prepare for the December 13 meeting a draft of a letter to be sent. Lorraine will prepare the letters together with a self addressed stamped envelope for their response. It was decided not to send out these letters until January 1 1991 because of the increased mail and activities of this time of the year. The Commission set a dead line for total completion of this task for February 14 1991.

  4. HITCHINER TOWN FOREST: Lorraine reported that Harold Webster had cut the fields and his invoice in the amount of $335.00 had been paid out of Town Forest Funds. This was a lower charge than in previous years. She also reported he had done a good job. Trees Are Us will be cutting the trees along the stone walls in both fields on Monday, November 12 1990.

  5. SOUHEGAN RIVER TRAIL SYSTEM: Lorraine reported that because the trail through the Fish Hatchery land had only been discussed with the superintendent of the Hatchery, she had written a letter to Dr. Donald Normandeau, Executive Director of NHF & G, advising him of the proposal. She received a phone call from Fish and Game with some additional questions, and was advised that the matter appeared to have no problems, but would be discussed at an up coming meeting of Fish and Game. A written response will then be sent. She also reported having asked Mark to proceed with the recording of Stan Trombley's conservation easement deed on the Souhegan Aquaculture land. Hub reported that Trailwrights do not build bridges across rivers, such as the Souhegan River. After discussion, Hub was requested to find out an approximate cost of such a bridge from the White Mountain National Forest bridge builders, and Margaret will also find out similar information from the A.M.C. Lorraine reported similar bridges as discussed existing along a hiking trail in Stowe, Vermont, and she will write there for information. Lorraine also provided a copy of a Right-of-way easement for the Heritage Trail which she had obtained at the recent NHACC seminar. This can be adapted to the Commission's use when the time comes, after it has been before Town Counsel.

  6. HAMPSHIRE HILLS SKI TRAILS: Margaret had not had the time to review the final work on these trails, but will do so before the December meeting.

  7. TOWN LAND AT THE HATCHERY: Lorraine reported she had contacted Richard Tichko of NHF & G relative to the State's acquisition of this land, and was advised that the State would be happy to purchase the land for an amount of $200.00. The Commission members were of the opinion that this water-locked land is useless to the Town; that it is not worth maintaining the land on the Town books; that the land is of value to wildlife but could serve no other purpose to the town; that its total value was far less than the cost of any survey. The members felt that the State should pay for the closing costs, however, so that the Town would receive a clear $200.00 for the land. Lorraine will obtain this information in writing from the State. After discussion, Janet put a motion on the floor, it was seconded by Bill and voted 5/0 to offer a warrant article for Town Meeting relative to selling this land to the State for $200.00.

  8. MEMBERSHIP: Bill Parker advised the members he had today been sworn in as a full member of the Commission.

  9. EMERSON PARK: Lorraine reported that today she had planted several clumps of irises in the Park, a job that took less than an hour. She felt there was room for more, and if time permits this will be done within the next week. Relative to the Nees Bequest interest and park benches for Emerson, she stated she had attempted unsuccessfully to contact the supplier for a cost quotation. It had been decided to purchase two benches for the Park, one to replace a missing bench and one as additional sitting area. However, Hub reported he had found one of the two remaining benches to to have a broken leg, and this needs replacing. Lorraine was therefore asked to find out the cost plus freight of two, three and four benches, and the Commission will then decide how many can be purchased with the interest from the Nees Bequest.

  10. TUCKER BROOK TOWN FOREST: Hub reported that he had found evidence on a recent visit to the Forest that Trailwrights had been doing additional work on the trails, and were working their way towards Tucker Brook Falls. Lorraine suggested that Harold Webster be contacted again relative to doing some clean-up at the Boulder Drive entrance to this area, and the members requested she do so and inspect the area with him. Relative to the property boundary line on the left when facing the Forest, it was suggested that Harold put a line of rocks on the Forest's side of the line to keep the public off the private land. Currently there is no clearly defined property line at this location.

  11. MAYFLOWER HILL TOWN FOREST: Hub Seward had supplied Lorraine with a good set of photographs he had taken of various violations taking place in this Forest along the Shady Lane boundary, and had provided an excellent report on his findings. From this Lorraine had drafted a letter for the members approval, to be signed by Russ Monbleau and sent to the Board of Selectmen. The members approved of the letter, and Lorraine will attempt to have Russ, who was not able to attend this meeting, sign the letter. Photographs will accompany the letter which requests the Board notify the abutters of the Conservation Land Ordinance, and in the matter of the owners of Map 9 Lot 9 that the Selectmen proceed with the violations section of the Ordinance.

  12. FALCONER AVENUE EXTENSION: Relative to the Commission's request that the Board of Selectmen take action against William Crawford and the obstructions he has put in this accessway, Lorraine reported she had not heard anything further from the Selectmen. She will make further inquiries next week. Hub Seward put forward in writing a proposed land swap with Mr. Crawford which would effectively result in the Town owning a 51 foot wide strip of land at the back of the standpipe land, and Mr. Crawford acquiring part of the Falconer Avenue Extension which would result in his two lots being combined. A copy of Hub's proposal will be mailed to each member with the Minutes, to be considered and discussed further at the next meeting.

  13. SHADY LAND DEED: Lorraine reported no response from letters written to Ronald Pomerleau for documentation relative to deeding Shady Lane to the Town, and to acquiring a 25 foot wide strip from the standpipe land. The Town has no record of this transaction in its files. She therefore prepared another letter to Mr. Pomerleau to be signed by Russ in the hope this will bring forth the needed documentation.

  14. NHACC ANNUAL MEETING: Lorraine reported that time had not permitted her to prepare a report of this meeting. She stated briefly that the entire day was excellent, and that a lot was learned which needs to be shared with the members and incorporated into the Commission's checklists etc. She will have this ready for the December meeting.

  15. MASTER PLAN COMMITTEE: Lorraine put forward the suggestion that seeing Janet is no longer serving on this Committee, that perhaps another member should be assigned. Margaret Pratt felt this would be a good idea, but would check with Mark to find out if lie felt a new member could be added at this point in time. Bill Parker was willing to serve. Margaret will report further on this at the December meeting.

  16. BURNS/ROTCH LAND MYLARS: No amount of searching has located these two mylars, which somehow were apparently misplaced during the closing activities. It was suggested that Lorraine contact Dennis McKenney who prepared the original mylars and find out what it would cost to provide the Commission with another two mylars, one of each piece of land.

  17. CARL CHAPPELL: Lorraine reported Carl is ready to refile the Dredge and Fill application on his pond. His first application was sent direct to the Wetlands Board without the Town Clerk's signature. Apparently as a result of a letter to the Wetlands Board from the Commission regarding this, that Board has requested the application be refiled. Carl wished to meet with Lorraine for assistance in the process, but had not been available during the past two weeks. She will attempt to set up an appointment with him next week.

  18. CONSERVATION LAND ORDINANCE: Lorraine reported that as a result of her reviewing this ordinance because of the Mayflower Hill activities, she found some problems with the wording of the section on prohibited uses of conservation land. One problem with this section was that it made no mention of the removal of dead trees. She was asked to make a copy of this section for each member, include it in the mailing of the minutes, so that each member can give the matter some thought before next meeting. In case the decision is made to amend this ordinance, Lorraine will find out from Lee Mayhew the process.

  19. EQUIPMENT/BOOKCASE: Lorraine reported she had visited Builders Square and had found a finished bookcase suitable for the Commission's needs in its office in the basement of the Town Hall, for an amount of $45.00. She had purchased same, paying out of her own funds and to be reimbursed by the Town. The bookcase, unfortunately, was not assembled, and she has asked Roland Sousa to put it together when he has the time.

  20. IMMIGRANT PARK PROPOSAL/MERV NEWTON: Lorraine reported having read in the Minutes of the Selectmen's Meeting of October 29 1990 a proposal put forward by Merv Newton to build a trail along Great Brook from Upper Union Street to Railroad Pond. She had obtained a copy of his proposal as presented to the Selectmen. The members agreed that this was a very ambitious plan, and asked Lorraine to make arrangements for Merv to meet with the Commission to discuss his plans further.
There being no further business to come before the meeting, the meeting adjourned at 9.30p.m.
The next meeting will be a Public Meeting at 7.30p.m. on Thursday, December 13, 1990 in the Town Hall.

Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of December 13, 1990

Present:
Russell Monbleau, Chairman
Margaret Pratt, Vice chairman
Bill Parker, Hub Seward, Celeste Philbrick, Janet Piche
Lorraine Carson, Secretary

  1. MINUTES: On motion made by Janet Piche and seconded by Hub Seward, it was voted by members present at this meeting and who were present at the November 8, 1990 meeting, to accept the Minutes of that meeting as presented.

  2. MILFORD MOBILE HOME PARK: Lorraine advised the members that this case involves the proposed building of a retaining wall in a wetland in this Park in order to prevent further erosion which is causing two mobile homes in the Park to be undermined. She and Mark Fougere had done an on site inspection and an appointment had been given to meet with the Commission at this meeting. However, Lorraine had been advised at the last minute that the parties wished to wait until spring before taking action. Their meeting with the Commission was therefore cancelled. Lorraine will send a copy of the Commission's guidelines for work in wetlands to Florence Quast of the Park Association.

  3. PONEMAH HILL ESTATES: Jeff Terrio of Maynard & Paquette Inc. met with the Commmission to review revised plans on this subdivision and obtain the approval of the Commission for wetland crossings. Mr. Terrio advised the members that though Mr. Nash is still involved in this subdivision, the portion owned by Mr. Grigas is now owned by the Shwamut Arlington Bank. The subdivision is now reduced from about 40 lots to about 19 lots. Driveway crossings of wetlands are now no longer needed. The wetlands now to be disturbed consist of various culverted drainage ditch crossings, culverted road crossings including riprap on the sides, and an 8 foot deep fire pond, which has been increased in size at the request of the Milford Fire Department to 15,500 square feet. The total impact on the wetlands is now more that in the original plans, and includes 17,530 sq. ft. in the Nash piece and 10,800 sq.ft. in the Shawmut piece, excluding square footage involving the Town's Buffer Zone. Russ Monbleau summarized the current plans by stating that the number of house lots has been reduced, driveway crossings have been eliminated as have the community septic systems. With a reduction in the number of house lots there is now the possibility of reduced further impact on the wetlands once the lots are sold. He pointed out that with the Wetlands Board now taking far stiffer stances on wetland impacts, the Commission cannot say that because the current plans are better than the previous ones, a recommendation to issue the Dredge and Fill Permit should be sent to the Wetlands Board. He felt the Commission should now give consideration to the fact - will the Wetlands Board accept the current plans. He stated the Commission should now make the decision - table the case, approve with conditions or deny.
    In further discussions, Lorraine advised the members that at a recent wetlands seminar, she had learned of conditions that should be requested relative to man made ponds including fire ponds, which would make such ponds less "sterile" and more attractive to wildlife, particularly when such ponds are already causing disturbance of existing wetlands. She stated that she had prepared a report relative to this for discussion later in this meeting, and. had also written to the Wetlands Board for additional information. A copy of her report was given to Mr. Terrio. Margaret Pratt then put a motion on the floor, which was seconded by Janet Piche and voted unanimously in favor of the motion, to approve the plans as presented, with the condition that the wetlands be flagged prior to disturbance, that erosion control measures be taken, that the Commission make on site inspections during the proposed work, and that the Commission reserve the right to request, at a later date, further recommendations and requirements regarding fire ponds and wildlife habitat. Relative to the Commission's report to the Wetlands Board, Russ suggested that Board be advised that the Commission recommends the permit be issued because the plans have been altered to meet previous recommendations of the Commission. He pointed out to Mr. Terrio that the Wetlands Board may not agree with this and may not issue the permit as a result. Relative to the fact that a bank now owns part of the land involved in this development, Russ suggested that because this land is an expense to that bank rather than an asset, it could possibly be a piece of land the Commission could acquire. He will contact the bank for further details.

  4. IMMIGRANTS PARK: At the request of the Commission, Merv Newton met with the members to give further information on his plans of creating a walking trail along Great Brook and around Railroad Pond going from the downtown area to the South Street/Route 101 bypass area. He felt there is a need for a walking area in the downtown area and felt such a path would be well used. His tentative plans include possibilities of a trail on both sides of Great Brook and all around Railroad Pond and he will be contacting the property owners on both sides. He also felt the early immigrants to Milford who helped develop the town should be recognized. Russ offered Mr. Newton any help he felt he might need from the Commission, but Mr. Newton Said that at this point in time, he is going it alone, and will begin by contacting the property owners, many of whom he knows personally.

  5. MASTER PLAN SURVEY: Bill Parker and Margaret Pratt requested input from the members as to what questions they would like included in the survey which would best address the concerns of the Commission. Various issues were raised, including a letter Russ had prepared a while ago which had provided the survey committee members with many ideas. In summary the members felt that questions such as: should the current Green Belt be extended or should another Green Belt be developed; should support be given to protect- ing clean water be given and if so would more restrictive ordinances be supported; do you value Milford? and provide the citizen questioned with various options to chose; should be included in the survey. Bill and Margaret will write up some questions based upon the suggestions of the members and will provide these at the January meeting of the Commission for review.

  6. LAND INFORMATION KIT: Janet Piche presented a letter she had drafted to be sent to property owners living out of town and out of State. The members reviewed the draft and made some changes. It was decided that Lorraine will type the letter on the Commission's letterhead and prepare enough copies for distribution to the members at the next meeting. Included will be the Commission's envelopes with the Town Hall address for responses. Because of changes currently taking place in the laws pertaining to Current Land Use, it was decided not to include an application for this classification in the package to be handed out. Lorraine pointed out the availability of a brochure from the National Wildlife Federation on the Land Gifts to the Federation. She suggested that for those property owners who may not be willing to transfer lands to the Town for preservation, may be interested in a national organization. She will check to see if this organization is mentioned in the "Preserving Family Lands" book, and if not will obtain copies for distribution.

  7. HAMPSHIRE HILLS SKI TRAILS: Margaret Pratt reported she had done an on site inspection of this trail system relative to the various wetland crossings, and found the problems had been well taken care of. She was satisfied with her findings. This case is now closed.

  8. TOWN LAND AT HATCHERY: Lorraine reported that she had received a letter from New Hampshire Fish and Game Department stating that that department would bear all costs of closing should the Town vote to sell this land to them. She also reported that a warrant article for the sale of this land was in a draft of that warrant which she had received from Lee Mayhew.

  9. PARK BENCHES FOR EMERSON PARK: Lorraine reported that Bill Simione Associates out of Latham, New York could supply benches at the following costs which include freight: 2 benches for $296-00; 3 benches for $414.00; 4 benches for $550.00. These would be delivered to the Town Barn. She advised the members that the Nees Bequest earns approximately $540.00 interest per year, and has a current accumulated amount of interest of $1,400.00. After a brief discussion, Celeste Barr put a motion on the floor and it was seconded by Bill Parked and voted unanimously in favor of the motion to purchase four benches, to be delivered to the Town Barn and to be erected as needed by Public Works Department when the time comes, for a cost of $550.00. Lorraine will order the benches and advise Bob Courage that they are coming. Any cost for the erection of the benches will be borne by the Commission.

  10. BURNS/ROTCH MYLARS: Lorraine confirmed that she had been in touch with the surveyor who advised that these two mylars are in the possession of the Registry of Deeds. The Commission has copies of the plans of both pieces of property. To prepare new mylars for the Commission would cost $30.00 each. The members decided mylars were not needed, the plans being more convenient to use.

  11. CARL CHAPPELL/WETLANDS VIOLATION: Lorraine advised the members that after several telephone calls to Carl, she still had not been able to reach him to get together, as he requested, for assistance in the filing of the Dredge and Fill application. As a result, Lorraine had sent a letter to Carl asking him to make the contact when he was ready. The members requested Lorraine to be in touch with the Wetlands Board to see where this case stands on that Board's agenda. Relative to the Johnson Trust Land, Lovejoy Road, Russ reported he had talked to the Bank handling the Trust, advising it of the existence of the dam and its responsibility relative thereto, the dam's condition and the fact the Bank would have to also so advise any prospective buyer. Last week Russ and a representative from the Bank inspected the dam and the surrounding area. The inspector showed concern regarding the condition of the dam and the prospects should it fail, and stated he would advise the Bank accordingly. Russ suggested to him that the Bank and the Trust consider donating this land to the Town and thus relieve the Bank of the responsibility. The Commission awaits further actions from the Bank. Relative to Burns Hill, Lorraine reported she had been in touch with Kenneth Lorden , Jr. who advised her that his father owned the land, that he had recently undergone surgery and was not a well man, that he did not feel his father would be interested in disposing of this land, and that he would talk to him about this subject when he felt the time was right. Relative to the Dorothy Carter land at Hartshorn Pond (Map 5 Lot 17) and the Devine land (Map 10 Lot 52), Russ reported he had not had the chance to be in contact with these two property owners. Due to the lateness of the hour, the following items on the Agenda did not receive attention, and will be dealt with at the next meeting:
    • Hitchiner Town Forest payment for tree work
    • Souhegan River Trail bridge estimates, right-of-way easement draft, Stan Trombly conservation easement, Fish and Game Department's concerns.
    • Tucker Brook Town Forest - clean up of entranceway off Boulder Drive
    • Mayflower Hill Town Forest - violations and actions thereon
    • proposed amendment to Conservation Land Ordinance.
    • Falconer Ave. Ext. - update on legal counsel referral
    • Public Service Co. Dredge and Fill approved by Wetlands Board but did not come before Commission
    • Dana Lorden conservation Easement deed found but incomplete.
    • Buffer Zone Downtown - Planning Board's suggestion of elimination
    • Wetland Issues - various
    • Drainage Regulations - rewrite

    Before the close of the meeting, the following new business items were received.

  12. WORK SESSIONS/PUBLIC SESSIONS: Russ advised the members that the Board of Selectmen expressed concerns relative to Work Sessions held by the Commission, feeling that at these sessions, the public were excluded. Lorraine was asked to send a letter to the Board giving them the details of work sessions and putting their minds at rest.

  13. CHAIRMAN OF THE COMMISSION: Russ advised the members that he does not plan to seek another term on the Commission in March 1991. Because of this, he felt it would be a good idea to hand over the chairmanship to another member so that he would still be available to assist that new chairman in the change-over. He put forward the suggestion that Margaret Pratt, who is now the Vice-Chairman, be made Chairman. Russ then put a motion on the floor, it was seconded by Celeste Barr and voted unanimously in favor of the motion, that Margaret Pratt be appointed chairman, effective immediately, and that he act as vice-chairman for the time being, so that he might assist Margaret in the transfer of duties. Lorraine was asked to advise the Board of Selectmen of this change.

  14. OTHER MEMBERS: Janet Piche advised the Commission that she would not be seeking another term, her current term to expire March 31 1991. With Russ not planning another term, this leaves two vacancies on the Commission, and Russ asked the members to look around for people willing to serve on the Commission next year.

Because of the lateness of the hour, this meeting adjourned at 10p.m. Another Work Session is scheduled for 7.30p.m. on Thursday, January 3, 1991 at which time the unfinished business of this meeting will receive attention.

The next Public Session is scheduled for 7.30p.m. on Thursday, January 10,1991.

Respectfully submitted,

Lorraine Carson, Secretary

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