- MINUTES: On motion made by Bill Parker and seconded by Bob McEttrick, it was voted unanimously to accept the Minutes of the
December 13, 1990 meeting as presented, with the correction that Bob McEttrick's name be added to the list of members present at that meeting. This name was erroneously omitted.
- HITCHINER TOWN FOREST: Lorraine advised the members that whereas a total of $1,600.00 had been authorized to be spent on the cleaning up of the brush along the stone walls in the two fields, the work had taken considerably longer than anticipated, and an invoice in the amount of $2193.00 had been received from Trees Are Us. She reported having made an inspection of the work done, and felt very satisfied. Trees Are Us had not only cleaned out the encroaching brush, but had saved good trees growing in this strip, and the end product gave a good look to the edge of the fields. When she received the invoice for the higher amount, Lorraine talked both to Bill Kucharski, owner of Trees Are Us, and to Russ Monbleau. He authorized payment of the higher amount. This was made out of the Accumulating Fund to be reimbursed on January 21 1991 by the Town Forest Fund when its certificate of deposit matures.
- SOUHEGAN RIVER TRAIL: Margaret reported she had received a run-around in her attempts to obtain bridge building information and costs from the AMC, and to date did not have any information. Lorraine reported she had had a response from the Stowe, Vermont, Recreation Trail Committee, and had then contacted the bridge manufacturer. Brochures were received and the members were impressed with the looks of the bridges. Relative to a cost estimate bridges of the nature as would be needed to span the Souhegan River amount to $15,5000 to $20,000. Two would be needed, and it was suggested that when the time comes, a fund drive be started for the cost. The price range includes delivered on site, but not installed.
Relative to crossing the Fish and Game Dept. land with the trail, Lorraine
reported having received a response from that Dept. which supported the
trail system. The letter did point out that hunting and trapping are allowed
on the State owned lands (it also exists on other private lands involved in
the trail system), and suggested that the trail be closed during hunting
season and that pets should not be permitted on the trail. Fish and Game
Dept. reserve the right to be involved in design, construction and clearing
needed in the building of the trail over its lands.
Relative to a conservation easement on a subdivision plan for land owned by Stanley Trombley and which houses the Souhegan Aquaculture, Lorraine reported that Mark had met with Mr. Trombley and had received a list of concerns he had, which also pertain to other lands he owns and which would be crossed by the trail system. Lorraine suggested that it might be better if the Commission meets with Mr. Trombley and/or all the property owners involved in this. After a discussion of this suggestion, the members asked Lorraine to ask Hub Seward to prepare for the January 10 meeting a synopsis of the trail, its progress to date, a list of property owners involved, and then a decision will be made as to the meeting with those owners. For that meeting, Lorraine will prepare a map to be hung on the wall.
- TUCKER BROOK TOWN FOREST ENTRANCE: Lorraine reported making several unsuccessful attempts to reach Harold Webster for a progress report. She had not yet received an invoice for the work, and so it was assumed he had not done it yet. She will continue to try to reach him.
- MAYFLOWER HILL TOWN FOREST: Lorraine reported that on December 4 1990, she had met with Atty. Carol Rolf relative to the violations taking place, and as agreed, Carol will write to all the Shady Lane abutters advising them of the existence of the Conservation Land Ordinance. She will write a special letter to O'Connor who had violated the Ordinance the most. It was not known at this time if these letters had been sent. This visit to Town Counsel was authorized by the Board of Selectmen who had referred the Commission's request for enforcement of the Ordinance to Carol.
- CONSERVATION LAND ORDINANCE AMENDMENT: Lorraine presented the draft she had prepared as an amendment to Section 3 - 1 Prohibited Conduct in order to take care of dead wood on Town Conservation Lands. The draft submitted was as follows: Add Section e: Destroy or remove any standing or fallen dead wood except if the standing wood poses a danger to human life, and then only with the authorization of the Milford Conservation Commission.
Except
fallen dead wood of a diameter less than l-2 inches which may be used
for
camp fires provided a Special Purpose Permit has been obtained from
the
Milford Conservation Commission prior thereto. And except for
forestry
management practices specifically authorized by the Milford
Conservation
Commission.
After discussion, Bob McEttrick put a motion on the floor, it was
seconded
by Bill Parker and voted unanimously in favor of the motion, that
the draft
as presented, be presented to the Board of Selectmen for enactment,
together
with a letter detailing the rationale behind the request. Lorraine was asked to take care of this matter.
- FALCONER AVENUE EXTENSION: At her December 4 1990 meeting with Atty. Carol Rolf, Lorraine reported also having discussed this paper street and the trash and debris placed thereon by William Crawford. The request to Carol was to send a letter to Mr. Crawford requesting him to remove the mess and thus make this entrance way to the Mayflower Hill Town Forest better available to the public. Carol had explained that because this paper street was created in a 1964 subdivision plan but had not been accepted by the Town as a street in more than 20 years, by State law the land involved reverts to the ownership of the abutting properties. Therefore, the Town has no legal right to request Mr. Crawford to remove the mess. She said, however, that she would send him a letter anyway.
In further discussion of this paper street, Carol put forward the
suggestion
that seeing Mr. Crawford had not proceeded with quieting title, that
the
Conservation Commission begin court action. Carol added that the
initial
cost would be about $300 to $400, and that it would take 3 to 4 years
for
the Court to take action. At that time additional costs would have to
be
paid to the court for its time etc.
After discussion, Bill Parker put a motion on the floor which was
seconded
by Bob McEttrick and voted unanimously in favor of the motion, that
Atty.
Carol Rolf be requested to begin the procedure to quiet title to this
paper
street.
Relative to Hub's proposal of a land swap in this vicinity with
Crawford,
it was decided to table this until the title has been quieted.
- PUBLIC SERVICE CO. DREDGE AND FILL: Lorraine reported having received a notice from NHACC that a permit had been issued to Public Service to work in wetlands to erect two utility poles. Having no record of this Dredge and Fill application, she contacted the Town Clerk. He had no record of having received it. Lorraine then wrote to the Wetlands Board requesting a
copy
of the application, and upon receipt found it had the Town Clerk's
signa-
ture. Because the map and lot numbers on the application were
incorrect,
Lorraine could not locate where the work had been done, and so called
Public Service. From this she learned that the work had been done on
Town
owned land at the location where Union Street joins the Route 13
South.
She also supplied the Town Clerk with a copy of the signed
application.
What happened to the original application, which filed with the Town
Clerk
on September 21 1990. is unknown. The permit was issued by the State
on
November 13 1990, and it is assumed the work has already been done.
Though this situation was no fault of the Wetlands Board, Lorraine
sent a
letter to Dr. Kettenring giving him the details, and stressing the
fact
that the Commission always responds to applications and that if there
is
no response from Milford, something is wrong. In reply, a very nice
letter
was received from Dr. Kettenring, stating he would supply copies of
the
Commission's letter to all Board members and others involved in the
review
process, advising them of the fact that input from this Commission is
always provided and when not available, that input should be sought
because
something is wrong.
Lorraine stated she had not had the time to do an on site inspection
of this
location, but Margaret said she would as she passes the site daily.
- DANA LORDEN CONSERVATION EASEMENT/KASEY DRIVE: Lorraine reported that while working on the Commission's filed in the Town Hall and bringing them into better order, she came across an unsigned unrecorded deed from Dana
Lorden
to the Town relative to a conservation easement on two abutting
properties
in the Kasey Drive subdivision which was done in 1986. Questions to
Mark
Fougere about this were to no avail as Mark knew nothing about it,
but it
was established that the conservation easement is recorded on the
sub-
division plan which is registered with the Registry of Deeds.
In further investigations of this case, Lorraine learned that the
two lots
are now owned by two different individuals and Dana Lorden is no
longer
involved. She also found that this conservation easement is
mentioned in
the current deeds to these two lots.
The Conservation Easement is along Birch Brook to a width of 25 feet
on
either side of said brook.
In Dana Lorden's deed, one of the two lots involved is given the right to cross Birch Brook wetland area with motor vehicles. This lot is divided in two almost equal parts by the brook, with the buildings being on the road side of the lot. This vrovision concerned the members and the desire was expressed to exclude this condition. It is not known if either of the current property owners have ever read this easement deed, and it is also not known if at this point in time, the wording of this deed can be changed. To bring this matter to a close, Lorraine explained it would mean contact-ing both current property owners, rewriting the easement deed, and also rewriting both property owners' deeds. Both those deeds contain space for the book and page number of the recorded easement deed, but of course these spaces are blank. She also explained that this area is not accessible to the public in any way, but that it does provide some measure of protection along Birch Brook. In light of the fact it is the policy of the Commission not to miss an opportunity to protect brooks and streams in Town, Lorraine suggested the members give consideration to bringing this matter to a close by doing the work necessary on the various deeds. After discussion, Lorraine was asked to take a look at this easement area. It was found from the subdivision plan that Elizabeth Blacklock (a Super-visor of the Checklist) lives on property abutting the lots in quesiton, and Lorraine will contact Elizabeth to ask permission to view the area from her property as opposed to getting the current lot owners involved at this point in time.
- OAKLAND HEIGHTS/MARY CONTI/OAKLAND DRIVE SUBDIVISION: Lorraine reported that the Dredge and Fill application for this had been filed and she had sent the concerns etc. of the Commission to the wetlands Board. For the sake of the record, Lorraine advised the members that this subdivision is now being undertaken by Brockman Associates of Amherst.
- CARL CHAPPEL/WETLND VIOLATION: Lorraine reported that on December 17 1990 Mr., Chappell had called her to adivse that the Wetlands Board had made an on site inspection of his pond and were happy with what was done and what was proposed. The Wetlands Board will now be returning to Mr. Chappell the application he submitted in June 1990 without having filed it with the Town Clerk first. (The application is without the Town Clerk's signature). Once he receives this, he will proceed with the correct protocol, and once the Commission receives its copy, a letter will be sent to the Wetlands Board. Though Mr. Chappell owes the State a filing fee in the amount of $340.00, it is not known if he is to be fined for the illegal work in a wetland.
- LAND IIFORMATION KIT: Margaret submitted a draft of a re-write of the letter
to be sent to out-of-state property owners which she had prepared. The members
felt this gave a better impression of the objective of the program and made
the decision to have Lorraine prepare this letter as opposed to the previously
prepared letter by Janet. Lorraine will have this ready for the next
meeting. She also handed out the typed envelopes etc. to the members
present, as well as brochures received from the National Wildlife Federation
on their land program. These are to be included in the Kits. Lorraine
also reviewed with members present several errors, omissions and duplications
she had found in the address lists. This issue will be continued at the
January 10 meeting when it is hoped all members will be present.
- GRANITE STATE CONCRETE: Lorraine reported that in reading the Planning Board meeting minutes of November 20 1990, she found that that Board had expressed concerns regarding the wetlands on site. She spoke to Mark about this, and on December 20 1990 Lorraine, Mark, John Ferguson as County Forester, and Peter Leishman representing Granite State Concrete, met at the site off Elm Street to review the situation. It was found that a considerable amount of "muck" from the siltation ponds had been placed beside the ponds and adjacent to a wetland surrounding Tucker Brook, which wetland is currently being extended by beavers. This muck had the potential of polluting the wetlands, and indeed recently a muck embankment had given way and siltation of the wetland had occurred. Peter expressed willingness to do whatever the Commission felt was needed to better this area, prevent siltation of the wetlands, and generally make the area more attractive to wildlife. As a result of discussions among those present at this on site, the following agreement was made: that the area of "muck" would be graded and sloped away from the wetland and towards the adjacent settling ponds; that a barrier would be created along the wetland where previously water collecting on the muck had broken through the banking and caused siltation of the wetland beyond; that the area of muck would be covered with a layer of Wastewater Treatment Plant composting materials per the recommendations of John Ferguson; and that Autumn Olives and/or any other vegetation as recommended by John Ferguson, and in quantities he recommends, would be planted in the spring of 1991. Peter requested these conditions be put in writing, and this Lorraine did.
- ROBERT SAVAGE WETLAND: During the time of the above described on site inspection, Peter pointed out that part of the large wetland area lying between the muck area and Elm Street was owned by Robert Savage. This used to be farm land, but the beavers have turned it into a valuable wetland. He suggested that Mr. Savage be approached on the subject of donating this land to the Conservation Commission for relief of property tax involved. Lorraine reported that Peter also indicated that Granite State Concrete may be interested in making a similar donation of their portion of this wetland to the Town. The members were very interested in pursuing this issue with Mr. Savage and Granite State Concrete, and asked Lorraine to proceed with contacting Mr. Savage.
- EARTH DAY 1991: Margaret put forward the suggestion that an "open house" of the Hitchiner Town Forest be organized and included in activities for Earth Day 1991. She suggested a guided walk of the property be part of the event. The members were in agreement with this, and Margaret will be in touch with Joanne Turner, Chairman of the Earth Day Committee, to see what plans are afoot for next April.
- NICHOLAS DADOLY LAND GIFT: Lorraine reported that in today's mail she had received a copy of the recorded deed and an invoice in the amount of $374.25 legal fees from Atty. John Bielagus relative to the Dadoly land gift . This amount, by agreement with Mr. Dadoly, was payable by the Commission. As part of that agreement, the $2,000.00 paid by Mr. Dadoly for the appraisal was also the Commission's responsibility. In addition property taxes paid by Mr. Dadoly on this land was due to be refunded.
Lorraine spoke to Lee Mayhew, and the process of the property tax
refund
is being undertaken and to go before the Selectmen on January 7
1991.
Also required of the Selectmen on that date is acceptance of this
land
gift. Atty. Bielagus also required some housekeeping items attended
to,
and Lorraine will ensure this is done.
On motion made by Bob McEttrick and seconded by Bill Parker and
voted
unanimously in favor of the motion, Lorraine was authorized to make
payment to Mr. Dadoly in the amount of $2000.00 for the appraisal,
and
to Atty. Bielagus in the amount of $374.25 for legal services. These
payments to be made from the Accumulative Fund.
Lorraine will also ensure that a copy of the deed goes to the Town
Clerk
for his files.
The land gift is situated on Federal Hill and includes a portion of
Fox
Run Road known as Map 53 Lot 00, plus land on Map 53, the lots being
72 through 79 inclusive and lots 81 and 82.
- BUFFER ZONE/PLANNING BOARD: The Commission received a memo from Norm
Erikson of the Planning Board relative to the desire of that Board
to
eliminate the Buffer Zone in the immediate down town area and around
Railroad Pond. This involves a 50 foot buffer zone. The Planning
Board
feels that because of the already extensively built up condition of
this
area that this requirement is over-regulatory, it requiring property
owners to go before the Commission and the Board of Adjustment for
any
activity planned or proposed within the 50 feet. The Planning Board
also feels that the rationale behind the buffer zone, which they
support,
does not apply in this densely developed area. They requested the
response
of the Commission.
The immediate response of the members was in the negative. Concerns
expressed included possible future businesses etc. being located in
this
area which could have a potential for causing problems relative to
the
wetlands involved. The members cited two existing gas stations and a
paint manufacturing business all of which abut the Souhegan River in
the
down town area.
It was decided before taking any action on this memo, that Margaret
would
call Norm Erikson for further information. The issue will be
discussed
again at the January 10 meeting.
Because of the time and the fact that there are no appointments to meet with the public at the scheduled Public Session on January 10, the meeting was adjourned at 9.30p.m.
The next meeting will be at 7.30p.m. in the Town Hall on Thursday January 10, 1991.
|