1. Minutes Upon a motion made by Hub Seward and seconded by Judy Gross, the minutes of the public meeting of December 10, 1998 were accepted as presented. Commission members were polled and it was voted unanimously in the affirmative to accept the minutes.

   In addition, the accepted and amended minutes of November 12, 1998 were signed by members present at that meeting.

2. General Discussion of Meeting Minutes Diane reviewed the legal requisite of meeting minutes. The minutes must indicate the members present, any motions made and the resulting votes. They need to document the supporting facts resulting in the ultimate decision. Thus, the reader should experience a general knowledge on the topic and discussions. It is unnecessary for the assistant to spend 10 to 12 hours transcribing minutes. Should a member's germane contribution to a topic be omitted, an amendment to the minutes can be made when the minutes are presented for acceptance. Richard Medlyn felt that any members' opposition to the direction of the majority should be included in the minutes. Members were in agreement .

3. Organization of Files The Conservation Commission files that are associated with a particular piece of property have been re-arranged by map and lot number. A copy of the file index was distributed to each member present to acquaint them with the actual property files on hand. The index is a work in progress as the commission's subject files, events that have nothing to do with a specific piece of property, have not been reviewed and listed. The File Index Listing includes two sections; one section is a listing by map and lot number, and the other is property owners listed alphabetically. Having the property files organized by map and lot numbers will readily reflect more than one event on the same piece of property.

4. Town Meeting
   The Conservation Commission has three warrant articles to be presented for passage at the upcoming Town Meeting.
   
   1. At the last conservation meeting, Diane informed the commission that the budget committee was leaning toward supporting our Land Fund article, not for the requested $40,000 but for the reduced amount of $32,000. The Budget Committee has now made it official. It is their thought that we should keep our land fund balance around $50,000; which would allow us to acquire easements and negotiate unexpected land opportunities, such as Monson Village. Should the commission have a large proposed land acquisition with major expenditures contemplated, the funding request should be presented at the annual town meeting.
      Rodney DellaFelice questioned members how we handle the reduced figure in our Land Fund Warrant article at the Town Meeting. The Budget Committee will propose the reduction to $32,000. Does the commission want to change our Warrant Article to request $32,000 or do we wait until there is a motion on the floor to change it to $32,000? Diane responded that Dick Medlyn had previously suggested we should graciously second the motion on the floor and thank the Budget Committee for their recommendation. Chris asked the members if a second to the Budget Committee's motion can come from the floor. Dick Medlyn advised the members that when the Budget Committee and the Selectmen don't agree, the second has to come from the floor. Diane will ask the Chairman of the Budget Committee to define the process of the committee to amend our Land Fund article.
      
   2. The other two articles concern a land swap. Steven Desmarais conveyance to the town through the Conservation Commission of the abandoned Rail Bed (M43) for a small portion of town owned land known as the Old Smith Well Site (M43, L12).
      
   3. The Operating Budget has been officially reduced by $1000.00. The Budget Committee reviewed our line items in the proposed budget and felt that the Town Beautification allocation of $1000.00 should be eliminated. They felt this project could be accomplished in other ways. Should trees be needed, a fund raiser might be arranged or the request for trees included in their budget. With this reduction, our 1999 budget request totals $13,812.00.
      Rodney questioned why our proposed 1999 budget reflected an increase over our 1998 budget. Diane responded that the accounting statements from the Finance Department shows an increase because in April 1998, the commission voted to have a portion of our appropriated budget transferred to another department. The transfer became an adjustment during the year and did not affect our starting balance and cannot be corrected in the computer. The Budget Committee and Selectmen also questioned the increase and when the transfer was explained, it confirmed our proposed budget for 1999 had decreased. Should this be questioned at the Town Meeting, we will have all the information available; what it would have been and the actual decrease.
      
   4. At the last meeting, the commission discussed the wording of the Land Fund expenditure explanation in the Voters Guide. Dick Medlyn and Diane Fitzpatrick met with Lee Mayhew, Town Administrator, and submitted proposed wording, which was accepted. The wording was found to be simple, clear and non-prejudicial.
      
   5. Judy Gross and Diane Fitzpatrick have put together a Conservation Commission display for the Town Meeting, which will also be displayed in the lobby on voting day. Also, Diane has designed a Conservation Commission brochure to be used as a handout at the Town Meeting. Commission members received a copy for review. Dick Medlyn questioned if the brochure had been printed on recycled paper. Judy Gross responded that most paper bought today includes part of recycled paper even though the symbol is not visible. Judy suggested that the symbol be included on the brochure as it is on most of the other Conservation Commission handouts. Diane will incorporate the symbol on the new brochure.
      The commission files have pamphlets and informational sheets on various conservation topics as well as the land conservation options made available at the Estate Planning Seminar. The assistant will assemble all these materials for members to review as suitable handouts to the public at the Town Meeting.

5. Land Issues -- Update
   
   1. As previously discussed, two of our Warrant Articles are for the land swap (M43,L12, Old Smith Well, M43 Rail Bed). The tax assessor was consulted on the swap and he felt it was a good proposal. The Budget Committee reviews all warrant articles, even those not requesting funds, for they could carry some hidden costs or losses. They looked at our Warrant Articles for the land swap and thought it was a good proposal.
   2. Lots M43, L10 and11 (2 ½ Acres) have been donated to the Town of Milford by Steven Desmarais. The Selectmen have accepted the donation and the deeds have been signed. On the deeds, there is a restriction that puts these lots under the management of the Conservation Commission for conservation or recreational use. The two lots were graveled making them fairly flat, and have now been seeded. Hub Seward questioned if any right of way or access was donated. Diane responded that the access from Union Street will be down the Railroad Bed.
   3. Diane Fitzpatrick has been discussing the Railroad Grade on the east side of the Bal Brae Development (M52, L95) with one of the principals developing Bal Brae. He is seriously considering donating the Railroad Bed to the Conservation Commission. There is one issue to be resolved. When he laid out the subdivision, he was unaware that he owned entire railroad bed and one of the house lots is on part of the bed. It is a very large house lot and I would like to discuss with him doing a lot line adjustment. This would allow him to donate the whole railroad bed. He does not want to go through the procedure of a lot line adjustment. Diane would like to get permission from him for the commission to act as his agent and go before the Planning Board to do a lot line adjustment. There are stakes out there where the commission would like to see the line. The only cost at this point may be charges by the engineer to draw the line and the cost to reprint the plan. The plan has not been registered at the Court House as the bonding for the roads need to be done.
      Chris questioned how difficult it would be to redo the plans and if it would be possible to put an easement on the deed. Diane confirmed that it might be possible to put an easement on as the lot has not been sold yet. Dick Medlyn felt an easement would be more difficult to obtain than a lot line adjustment for it is harder to sell a lot with an easement, then a little smaller lot with no easement.
      At present, Diane does not have any cost estimates on a lot line adjustment. Do the members wish her to pursue this project? Members were in agreement in requesting Diane to continue with the project and secure estimates on the costs involved. Diane will strive to have more information available by the February meeting.
      
   4. Hub questioned when the commission requests a land piece or access to a land piece as part of the approval process, does our request become notes on the subdivision plans? Diane suggested that since the request is part of the commission's agreement with a land owner, and recorded in our minutes, we must follow through by writing a formal letter to the Planning board asking that the agreement be a note on the subdivision plan. This should be done before the plan is registered.

6. Conservation Easements
   1. M5/L15 John Ulricson; M47/L15 Johnson, Tovar & Celia Both easement deeds are being reviewed by Attorney Bill Drescher. The next step is for the engineers to do the site plans.
   2. M10/L1 - Diane informed the members that a new land opportunity has become available. The 146 acre piece of land that abuts the Conrey Land ( M10, L2) is being marketed by the Forest Society for $159,000. Of the 146 acres, 111 is in the Town of Milford with the remainder in the Town of Wilton. The society is interested in protecting this land. It will be marketed allowing two house lots and a conservation easement for timber management. The Realtor has suggested a cooperative venture with other conservation groups to acquire this property. The New England Forestry Foundation has expressed an interest in a joint venture in exchange for future timber rights. Members asked to think about it and be prepared for a discussion at our next meeting.

7. Appointment - M49, L14 Nicole & Tim Forrence Dredge & Fill for Driveway Crossing
   Nicole & Tim are proposing to re-construct an existing culvert for the construction of a driveway and need a Minimum Impact Dredge and Fill Application processed. To get to the proposed house site, you must cross a seasonal stream. There was an existing culvert but at this time, it is in disrepair. They want to move the crossing from the previously proposed area to a higher area. Part of the driveway is already in place as it is a shared driveway and the wetland impact is similar whether it is in the original proposed area or the new designated area. Site plans were presented to the commission showing where the driveway crossing would go, keeping it high enough to stay away from the flat area. The applicants will be guided by the 1986 proposal; forty feet of culvert pipe with a ditch at the end lined with RipRap to ensure proper bank erosion protection. The driveway will be three feet above the existing grade level. Diane advised the members that Kevin Lynch had visited the site and there is enough runoff with the snow to have channelized the drainage area. The commission advised the applicants that the Wetland Bureau would like to see the impact to the wetlands delineated on the site plan with shaded or hatched areas which include the total square footage of permanent impact to the wetlands, surface waters or their banks; as well as the tentative dimensions for the ditch and culvert. Also, it must show on the plan the date the subdivision plan was approved and the number. All of this information is necessary when submitting the application and site plan to the Wetlands Bureau.

   Judy Gross made a motion for Diane Fitzpatrick as Chairperson for the Milford Conservation Commission to sign the D & F Application for Nicole and Tom Forrence, Hub Seward seconded the motion.

8. Transfers -- Financial Accounts The end of the fiscal year financial statements are being prepared and the Wage account is showing a shortfall of $1044.04.
   Hub Seward made a motion, seconded by Rodney Dellafelice to move $599.86 from the Operating Budget to the Wage Account and $444.18 from the Accumulative fund to the wage account to cover the deficit.

9. Conservation Open Space Subdivision Plan Committee The Open Space Subdivision Plan Committee has been formed with the following members.
     Bob Courage, former Director of Public Works
     Jack Ruonala, former Selectman
     Bob Levenson, from the Zoning Board of Adjustment
     Chris Sturgis, from the Planning Board
     Diane Fitzpatrick, Chairperson, Conservation Commission

   The committee will review the methods to require set asides in new developments.

There being no further business to come before this meeting, the meeting was adjourned at 8:35 P.M. on a motion by Judy Gross, seconded by Rodney Dellafelice with all members being polled and voting in the affirmative.

The next public meeting of the Conservation Commission will be on February 11, 1999 at 7:00 P.M. in the Selectmen Meeting Room in the Town Hall.

MINUTES

1. Upon a motion made by Rodney DellaFelice and seconded by Hub Seward, and with the unanimous agreement of members present, the minutes of the public meeting of January 14, 1999 were accepted with the following amendment:
   Line 177 - Add, "Commission members were polled and the vote was unanimous."

2. In addition, the accepted minutes of December 10, 1998 were signed by members present at that meeting.

APPOINTMENTS:

1. Mr. Bill Ferguson, Souhegan Valley Land Trust Diane introduced Bill Ferguson, President of the Souhegan Valley Land Trust and the Chairman of the Wilton Conservation Commission, Andy Roper to members. Bill was invited to discuss the possibility of rejuvenating the Souhegan Valley Land Trust for it has history, respect and well-known name. There are people in neighboring towns who would like to get involved.

   Bill presented an overview of the mission of the Souhegan Valley Land Trust. The trust was formed to promote the conservation of the land and water resources of the Souhegan Valley for the benefits of the inhabitants of the area. The primary aim was to acquire lands and rights to lands in the valley area and whenever possible, turn lands and rights to land it acquired over to Town Conservation Commissions or other appropriate agencies or organizations. As an area group, the land trust can cross town lines and comes under the state regulations. The trust tried to include towns from New Ipswich to Amherst, and although it was successful in the Milford area, it was not so in other areas. The first project of the Souhegan Valley Land Trust was the acquisition of Purgatory Falls which required raising $25,000 locally for purchase. This was an important acquisition not only to protect the land but also because it was the boundary line between two town, Mt. Vernon and Lyndeborough. The land trust was able to give a piece of this acquisition to each town and they now own the land up to the middle of the brook.

   It was the general consensus of commission members that they would like to see a group actively looking for grant moneys that can coordinate between town or act for an individual town and should pursue reviving the trust for technically it exists at present. To do so, Bill responded, we would need at least five people on the Board of Directors. Diane responded that she had talked with Mt. Vernon Conservation Commission on several occasions and they felt they would be able to nominate an individual to serve on the land trust. Our members will need time to secure volunteers that are not commission members interested in protecting the land that is left and willing to serve on the land trust board. When this has been accomplished, Diane will advise Bill of the next meeting. With this in mind, Bill Ferguson will advise the state of the interest in reviving the land trust.

   Bill volunteered to the Milford Conservation Commission, the right to put a trail on his land. The commission will be in touch will Bill at a later date to discuss this offer.

2. M53, L37-2 Scot Taschereau, D&F - not able to attend.

3. M42, L37-2 Scott Brown, D&F- not able to attend. It will be necessary for the commission to do an on-site inspection. It was agreed that when Mr. Brown contact the commission again, we will make an appointment to do a site inspection.

GENERAL BUSINESS:

1. Conservation Plan (Item #5 on Agenda)

   As required, the final draft of the Conservation Plan was directed to the Planning Board to approve and accept as part of the Master Plan. We will be informed shortly as to the date of the scheduled meeting when the commission will review the changes that differ from those accepted in 1993 with the Planning Board.

2. Trail Grant

   Last year, the commission applied for a Trail Grant to make a trail universally accessible from the American Stage Festival to Emerson Park. That year, the grant was only funded for ½ of what was anticipated and we did not receive grant funding. This year, we are reapplying for the same grant with a minor change. It will now be packed gravel; bank run and crushed, instead of asphalt. Our DPW department will fill and pack it. Pierce questioned the span of the trail. Diane replied that it will start between the entrance road to the stage festival and run to the manicured area of Emerson Park. This is the first phase of the project. Hub questioned if it was going to be handicapped accessible. Diane responded no, but it will be handicapped accessible from the Mason's parking lot and advertised accordingly, if it is agreeable with the Masons. At present, when there is a concert, handicapped vans park in this area. Recently, Diane was there with Meridian Land Services and one of the items discussed was the building of a ramp down and around the Post Office parking lot. This will be very expensive and will be a future project.

3. Adopt-a-Salmon Project(Item #6 on Agenda)

   Diane informed members that we were cosponsoring the Adopt-a-Salmon project in conjunction with the Souhegan Watershed Association, at the middle school. The fifth grade has 200 salmon eggs in an aquarium. Before the end of school, they will be putting them into the Souhegan River. Apparently, this is a national level project, and in New England, 100% of the school hatched salmon eggs are put into the Souhegan River.

4. Souhegan River Designated Status (Item #7 on Agenda) The Souhegan Watershed Association is actively soliciting support to have the Souhegan River a designated river. There is an informational session with a slide show at the Milford Town Hall on March 25, 1999 at 7:00 P.M. They are hoping that residents and town organizations will attend. Commission members should try to attend to show the commission's support on the river being designated.

5. Invitation - Vivian Barry 85th Birthday Celebration (Item #8 on Agenda) The Chairperson of the Town of Milford's Planning Board is going to be 85 years young and the Conservation Commission members have been invited to join in the birthday celebration on Sunday, February 28, 1999 from 2:00 P.M. to 5:00 P.M. at Hampshire Hills. Any member planning to attend should RSVP Chuck Barry by February 20th at 603-673-5130.

6. M42, L28 - Carl Holland - Agricultural Development Rights to the Town of Milford Diane mentioned that Carl Holland broke his hip and is in St. Joseph's Hospital.. Flowers have been sent with a card wishing him a speedy recovery from the Conservation Commission and the Board of Selectmen.

7. Update RR Grade M52, L97 & 97-1 (Item #2 on Agenda) Diane advised members of the current status. This is the Railroad Grade on the east side of the Bal Brae development. When the subdivision was laid out, one of the house lots is on part of the bed. The commission has volunteered to act as Bal Brae's agent to go before the Planning Board to do a lot line adjustment. There would be a cost to the commission for the engineer to draw the line and reprint the plan. The principals have been to their attorney and were advised that giving a gift of such small value, is more trouble than it is worth and now they would like a contribution from the conservation commission for the RR bed land of $2000.00. This is in addition to the engineering costs. Because this will now be a land purchase, we will have to gain the approval of the selectmen and hold a public hearing.

   Rodney suggested we solicit the opinion of the Town Council, Attorney Bill Drescher and have him forward a letter to the principals developing Bal Brae confirming our commitment if acceptable. The letter should be forwarded upon approval of the Selectmen.

   At this point, Rodney made a motion to approve funds, not to exceed $3000.00, to acquire the railroad bed land and cover engineering cost after the town counsel's review. Hub Seward seconded the motion and the members voted unanimously in the affirmative.

8. Special Committees ( Item #3 on Agenda) - Conservation Open Space Subdivision Plan Committee This committee has held its first meeting and has developed a working agenda. There is a file in the Subject file in the Conservation Office available for review for any member.

9. Wetlands Ordinance/MCC Policies Committee (Item #3 on Agenda) Hub Seward and Dick Medlyn are working on the review of the Wetlands Ordinance. For the time being, Diane asked for this to be put aside for the Selectmen have requested that we assemble a Policy and Procedure manual reflecting the commissions interaction with town bodies. Members were asked to contribute ideas and concerns. Hub suggested that it include at what point the commission should do an on-site inspection, and what is our first contact; in general, when do we initiate action. This is will be on the agenda for further discussion and review the next scheduled meeting.

10. Work Sessions in 1999 ( Item #3 on Agenda) Diane suggested to the members that these meeting be only used for special projects, not as a decision making body meeting. All members present agreed.

11. Land & Community Heritage Commission Regional Environmental Planning Program (REPP) (Item #4 on Agenda) Diane briefed the members on this project. The REPP was created to develop an inventory of water, land and forestry, historic and cultural, ecological, geological and public resources statewide. This is Year Two of the project and the commission needs a committee to handle selection of highest priorities and regional priorities. All interested members should contact Diane Fitzpatrick tentatively by Thursday of this coming week. By March 15th, they want us to select five priorities based upon public meeting and input. Rodney questioned if we should have a public meeting by our next meeting. It was agreed it should be done and that the Planning Board should be involved. Pierce questioned asked how we might phrase the need of a public meeting. Diane responded with the suggestion that " we would like to prioritize our conservation efforts in town and welcome anyone who is interested in talking about certain areas they feel are priority for protection".

12. Town Hall Keys All the outside door locks on the Town Hall have been changed. New keys to the outside elevator door was passed out to members present. They were reminded they still needed their keys with the "E" on them to open the door leading to the Conservation Office. Old keys returned by members will be forwarded to Doug Starr.

13. Display at Deliberative Session Diane discussed the display at the Deliberative Session and advised members if weather permits, we will be able to do the same thing outside on voting day. Members were polled if they wished to participate and if they would like to have a handout summarizing our warrant articles. Members agreed a handout should be available and will e-mail each other with suggested wording.

There being no further business to come before this meeting, the meeting wad adjourned at 9:20 P.M. on a motion made by Roidney DellaFelice, seconded by Hub Seward with all members being polled and voting in the affirmative.

The next public meeting of the Milford Conservation Commission will be on March 11, 1999 at 7.00 P.M. in the Selectmen Meeting Room in the Town Hall.

NEW BUSINESS:

1. Minutes:

   Upon a motion made by Hub Seward, seconded by Rodney DellaFelice, the minutes of the public meeting of February 11, 1999 were accepted as presented. Commission members were polled and it was voted unanimously in the affirmative to accept the minutes.

   The accepted, amended Minutes of January 14, 1999 were signed by those members present at that meeting.

2. Update Report of Selectmen's Position - SPNHF Land, M10, L1

   The Forest Society is marketing 146 acres of which 111 acres in Milford abuts the Conrey Land (M10,L2). Selectmen, Peter Leischman, is interested in acquiring this land and requested Diane Fitzpatrick to attend the Selectmen's Meeting to discuss the property. Unfortunately, Peter was unable to attend the meeting that evening. Those selectmen in attendance felt, since a conservation easement will be on the land when sold, and the property is to be subdivided into only two house lots, that there is no conservation priority to purchase the property. Before making a final decision, they would like to hear Peter Leischman's opinion. The Forest Society has mentioned they would be willing to divide the 146 acres and offer the 111 acres in Milford to the Commission. The only access to the property is from McGettigan Road and a Right of Way agreement would have to be secured prior to purchase. It may be on the agenda for the next Selectmen Meeting and if there are further discussions, Diane will keep members informed.

3. New Office Equipment - Scanner

   Included in this year's budget was a scanner for the office and members were polled for suggestions on purchase. It was decided by members that Diane and Pat will review models available, document system requirements, cost and availability. When the selection is finalized, they will meet with Ms. Chambers, Finance Director and MS Advisor, for recommendations on those scanners compatible with our system. Her recommendations and costs involved will be presented to members at our next meeting.

4. Election of Officers

   Vice Chairman - On a motion by Rodney DellaFellice, seconded by Robert Walsh, Hub Seward was nominated for Vice Chairman, Year 1999/2000. With the acceptance of the nomination by Hub Seward, members were polled and it was voted unanimously in the affirmative and Hub Seward was elected Vice Chairman of the Conservation Commission.

   Chairperson - On a motion by Robert Walsh, seconded by Rodney DellaFellice, Diane Fitzpatrick was nominated for Chairman, Year 1999/2000. With the acceptance of the nomination by Diane, members were polled and it was voted unanimously in the affirmative and Diane Fitzpatrick was elected Chairman of the Conservation Commission.

   The Board of Selectmen will receive notification of the new officers.

5. Renewal of Commission Membership Terms & Election of Officers
   1. John Bierschenk, Alternate Member, Term expiring 1999, wishes to renew his membership as an Alternate Member on the Conservation Commission.

   2. Rodney DellaFelice, Full Member, Term expiring in 1999 wishes to renew his membership as a Full Member on the Conservation Commission.

   3. Richard Medlyn, Full Member, Term expiring in 1999. Due to illness, Dick could not attend this meeting. Diane will contact him to confirm his intention to continue as a full member.

   Upon a motion made by Bob Walsh, seconded by Chris Guida, a recommendation will be forwarded to the Board of Selectmen to renew the terms of the above three members. Commission members were polled and the vote was unanimous in the affirmative for the recommendation of the three members.

OLD BUSINESS:

1. Selectmen's Request - Written MCC Policy & Procedures

   Diane informed the members that the selectmen have asked the commission to compile a written manual of procedures, in particular, the commission's interaction with the Board of Selectmen. It was suggested by Diane and agreed by members, to use the commission's work session meetings to complete this project. Dick and Hub have expressed an interest to work on the project. Prior to the work sessions, a rough draft of suggested procedures will be forwarded to members. At the work session, the draft will be reviewed and revised as needed. The final draft will be presented to members at the regular commission meeting with recommendations. The first draft to be worked on will be the Commission's Policy and Procedures outlining the commission's interaction with selectmen. Although, there are some policies written already, they need to be reviewed and then presented to the selectmen for their approval. The first meeting will be March 25th in the DPW Meeting Room at 7:00 P.M. Prior to starting the work session, members will attend and show the commission's support at the informational meeting of The Souhegan Watershed Association on the Souhegan River being a designated river, which is being held at that time in the Selectmen's Meeting Room.

PUBLIC HEARING: - 7:30 P.M.

In 1998, the legislature created the Land and Community Heritage Commission to review the issue of permanent protection of natural resources in the state. This Commission is recommending a permanent funding program at the state level. The state would supply 60% of moneys needed with a local match of 40%. The Land and Community Heritage Commission is trying to encourage the state to set aside $12 million dollars a year for land protection in the state.

In conjunction with this effort, the Milford Conservation Commission is conducting this public meeting to solicit input from the public to prioritize what natural resources need conservation efforts in Milford. Those areas that if the town had the money would be protected. In addition to residents attending this meeting, the Town of Milford Planning Director, Health Officer and a representative from the Historical Society were also present.

Attendees were given handouts of the Interim Report of the New Hampshire Land & Community Heritage Commission. The handout listed resources that should be eligible for funding. Recommendations from the attendees was solicited by the Chairperson.

The following are the areas the attendees felt were the highest priorities.

1. Protecting our water resources, rivers, streams, drinking water, any and all water in general.
2. Reclaimation and conservation of Osgood Pond.
3. Historical Society Project of Preserving the Pendleton Building (It was noted that it is important that the Planning Board have a list of Historical Preservation areas and items in the town to use when reviewing subdivision applications.)
4. Haywood Farm preservation - has been identified as having a planned burial site on property.
5. Agriculture land preservation; the preservation of functioning farms in their natural setting.
6. 6. Osgood Pond greenway to the Brox property.
7. Trail along Souhegan River.
8. Purgatory Brook including the old saw mill.
9. Unified Trail System - coordinating and connecting with other towns.
10. Preservation of Land around Lookout Tower on Federal Hill.

APPOINTMENT:

8:30 P.M.. M42, L37-1 Scott Brown, After the Fact, D&F, Pond Construction

Abutters in attendance: Fred & Steven Pihl M42, L38

Mr. Brown intended to acquire some animals this summer and planned on having a watering hole for them. While there was some equipment available, he requested this to be done. When the job was finished, a pond was created about 15 ft x 10 ft wide, 6 ft deep; 2 to 3 feet deeper than the stream bed, not what he had requested. He immediately addressed this issue with the abutter, the Pihl family, M42, L38, for in the process, the brook had been dammed up and backing water onto the Pihl's property.

Mr. Scott is willing to rectify the situation as best as possible.

Diane explained to Mr. Brown that because the application is an After-the-Fact Dredge & Fill Application, it must be a standard application and include photographs of the project and a written plan of the area involved showing the actual size. There also needs to be a written agreement with the abutter when a project is closer than 20 feet to the abutter.

The commission needs to do an on-site inspection prior to the next meeting. Because the project was done without a permit from the Wetlands Board, the members will review the project as if it had not been done yet. Knowing the extent of your project, the members will look at the site and determine if there would have been agreement on the original project or if slight changes would have been recommended.

Members agreed to a site walk Tuesday, March 30th at 5:30 P.M. and will meet on Armory Road.

Mr. Brown confirmed he would be available at that time and apologized for the inconvenience to all concerned.

A general discussion ensued with relationship to pond construction. The Natural Resources Department recommendation for pond construction next to a brook, is to excavate in the upland next to the brook, leaving the bank of the brook intact. Water is fed into the pond from the brook with a pipe in conjunction with an overflow pipe going back into the brook. In this way, there is no disturbance to the bank of the brook and no erosion from cutting into the bank This way your not disturbing wetlands, you are just creating more.

Diane solicited input from the members as to how to handle violations. Should we contact the offending party and see if they will address the violation (s) and correct inadequacies. Do we file a complaint to the Wetlands Bureau? Bob Walsh questioned if the violation is resolved to the satisfaction of the abutters and us, is a complaint necessary? It was discussed that by submitting an After the Fact Dredge & Fill Application, the offending party is admitting the violation to the Wetlands Board.

GENERAL BUSINESS:

1. Finances A copy of the monthly Financial Report was passed out to members. The Conservation Commission budget was passed and the two warrant article for the land swap. The Conservation Land Fund Warrant Article was defeated.
2. Member's Education Diane reminded members of the increased Education Budget moneys available. If any members wishes to attend workshops to further their expertise in relation to the commission, feel free to request funding.
3. Timbering - Hitchiner Town Forest We have received two checks from the New England Forestry Consultants which represents 50% of the timbering activity. Diane informed members that in choosing the Forester's recommended timbering company it was not taken into consideration that the chops will not be left. They will chip them and sell them to an energy manufacturer. This should be kept in mind when choosing a timbering company in the future. We would like to have the chops left as they provide nutrients back into the soil. Members expressed an interest to visit the logging area and Diane will call Dan Reed, the Forester, to setup an appointment for the members to visit.
4. Land Protection Funding Subcommittee Rodney DellaFelice requested that proposed subcommittee be put on the agenda for general discussion at the next meeting. Is it feasible for the committee to secure land protection funding on a regular basis.
5. New Outside Door Keys Robert Walsh and Chris Guida received new keys.
6. Budget Process 1999/2000 This year the town is starting the budget process earlier than in previous years. With SB-2, the process became very rushed. This year, the final budget and draft Warrant Articles are to be submitted by October 8, 1999.

INFORMATION ITEMS:

1. Souhegan River, informational session on designated river status, slides, 7:00 P.M. Thursday, March 25, in the Selectmen's Meeting Room. Commission members plan to attend to show support for this project.
2. A Grant application was submitted for the Emerson Park to Stage Festival Trail; grant recipients will be announced in mid-April.
3. Map 7, Lot 5 - This subdivision plan is available for members to view and make comments at the end of the meeting. This is where the new tire store is on Elm Street opposite Old Wilton Road.

There being no further business to come before this meeting, the meeting was adjourned at 9:30 P.M. on a motion by Rodney DellaFelice and seconded by Hub Seward with all members being polled and voting in the affirmative.

P The next regular public meeting of the Conservation Commission will be on April 8, 1999 at 7:00 P.M. in the Selectmen Meeting Room in the Town Hall.

The next scheduled Conservation Commission Work Session is on March 25, 1999 at 7:00 P.M. in the DPW Meeting Room in the Town Hall.

This public meeting was called to order at 7:10 P.M. by Diane Fitzpatrick, Chairperson.

MINUTES:

1. Upon a motion made by Hub Seward and seconded by Bob Walsh, the minutes of the public meeting of March 11, 1999 were accepted as presented. Commission members were polled and it was voted unanimously in the affirmative to accept the minutes.
2. Upon a motion made by Rodney and seconded by Richard Medlyn, it was unanimously voted to accept the Minutes of the public meeting of March 25, 1999 with the following amendment:
   Line 13, add following sentence: "This flow chart is a summary only and does not reflect special situations that may need to be considered. It is, however, a good general starting point."

APPOINTMENTS:

1. 7:00 P.M. -- Natural Resource Protection, Priority Setting - Land and Community Heritage Commission recommended permanent funding program for preservation of natural resources in the State.

   To prioritize our conservation effort and determine the top priorities of particular natural resources in need of conservation efforts in Milford, attendees were asked to determine from the following Conservation Commission Priority List sheet, five projects special to them. The MRPC is requesting a list of 5 priorities from which a top project will be chosen to have a package put together showing acquisition costs, landowners' communications, options and maps. To familiarize attendees and identify their choices, town maps were posted with corresponding priority numbering. At this stage of the process, selections should be made with the goal of securing grant moneys and reflect LCHC criteria. The criteria includes an impending threat, uniqueness, links to other resources, meets multiple objectives (natural, historical and cultural) and have local support. They would also like us to consider projects that incorporate cooperation in and between communities. Nashua Regional Planning is encouraging towns to have as their first priority the Souhegan River Trail System through Wilton, Milford, Amherst and Merrimack.
   (Chris Costantino, Alternate Member, submitted her selections by mail.)

     PRIORITIES IDENTIFIED BY MILFORD CONSERVATION COMMISSION
   

   1. Hayward Farm, Map 7 Lot 10
      Prime Farmland, riverine, wetland and associated uplands. Lands for recreation, imminence of threat, links to other protected resources, cooperation between or among communities. Uniqueness or rarity of the resource, ability to provide stewardship, existing and potential public water supply lands, habitat for important wildlife, historic, archaeological site.
   2. Souhegan River Trail, from Wilton to Amherst
      Riverine, wetlands and associated uplands, lands for recreation, imminence of threat, links with or proximity to other protected resources, cooperation between or among communities, uniqueness or rarity of the resource, ability to provide stewardship, existing and potential public water supply lands, habitat for important wildlife.
   3. Hitchiner Town Forest Expansion
      Cart Road to Southern Section, Top of Burns Hill, Forestland, wetlands and associated uplands, lands for recreation, links with other protected resources, ability to provide stewardship.
   4. Greenbelt Connect Osgood Pond to Tucker Brook TF & Hitchiner TF through Brox & Beaver Brook Land
      Wetlands and associated uplands, lands for recreation, imminence of threat, links with or proximity to other protected resources, ability to provide stewardship, existing and potential public water supply lands, forest land.
   5. Greenbelts Connect SPNHF Monson Center With Protected Land in Brookline Through Town Land (M56 L69)
      Wetlands and associated uplands, lands for recreation links with other protected resources, ability to provide stewardship, forest land.
   6. Greenbelt Connect Hitchiner TF Westward With Protected Land in Wilton and Southward to Identified Land in Brookline
      Wetlands and associated uplands, lands for recreation, links with proximity to other protected resources, ability to provide stewardship existing and potential public water supply lands, forest land cooperation between or among communities, uniqueness or rarity of the resource, habitat for important wildlife.
   7. Orchards in NW Milford
      Farmland, riverine, wetlands and associated uplands, lands for recreation, imminence of threat, links with or proximity to other protected resources.
   8. Birch Brook Wetlands
      Wetlands and associated uplands, lands for recreation, imminence of threat, links with or proximity to other protected resources, uniqueness or rarity of the resource, ability to provide stewardship, existing and potential public water supply lands, habitat for important wildlife.
   9. Mayflower Hill Town Forest Expansion Connect Milford Downtown With Protected Land in Amherst North Through MHTF
      Lands for recreation, imminence of threat, links with other protected resources, cooperation between or among communities, ability to provide stewardship, forest land.

   General discussion ensued on the selection process, how conservation land is defined. and a review of the well-know Hayward farm land. It is the last large piece of farm land in town (130 acres) which is over an aquifer and along the river. Gerri Dickerman asked the commission if an easement could be obtained from the current owner of Hayward Farms to protect the land during the process of evaluation and funding. The Chairman responded that in her last contact with Mr. Hayward he mentioned his desire to keep the land open and the commission will assist him in determining the best ways to accomplish this goal including the possibility of a land protection easement.

   David Fitch, farmer, commented on the richness of the farming soil on the Hayward land and that he would be interested in a long-term lease, if available.

   It was a consensus of those present that our list above be kept as the Conservation Commission's priority list and from this list, chose three top projects to put a strong effort into preparing packages for funding consideration.

   The three top choices selected:

   • #9 Mayflower Hill Town Forest Expansion
   • #1 Hayward Farm
   • #4 Greenbelt - Connect Osgood Pond to Tucker Brook Town Forest and Hitchiner Town Forest through Brox and Beaver Brook Land

   There is a possibility Beaver Brook may be a participant in listing #4. Dick Medlyn will mention this at his next Director's Meeting.

   It was agreed by the members that at the commissions next work Session on April 25th, plans will be worked up on each of the three top picks.

2. 7:30 P.M. Public Hearing -
   1. Pursuant to NH RSA 36A:5 to consider the expenditure of Conservation Land Funds in the Amount of $2000 from the Land Fund for the purchase of M52 L97/97-1, abandoned RR Grade from Melendy Road South to the Brookline Town Line

      In attendance, landowners Don Boggis, Russ Dickerman, Gerri Dickerman.

      This piece of the abandoned RR grade has been offered to the commission by the developers of Bal Brae for $2000.00 and the commission wishes to purchase it as part of the Rail Trail the commission is planning. Before his offer to the commission, the developer offered it to the landowners on whose property the RR grade cuts through, but none were interested. The landowners present (see above) were asked if a trail would inconvenience them. They responded that there are already individuals using the abandoned grade and a Rail Trail would not cause any further inconvenience.

      Gerri Dickerman asked the members if the commission had asked Bal Bae to donate the bed. The chairperson responded that we did, but Bal Brae's lawyer determined a donation of the grade and completion of the required documentation for a tax deduction on a small gift would not be of benefit to the owner. At present, Atty Drescher is doing a deed search and the commission is awaiting his report prior to the actual purchase.

   2. Conservation Easement M5 L15 John Ulricson, Jennison Road, $3200.00 From Land Fund.

      The chairman explained that Jennison Road is a designated scenic road in Milford. The first wood lot on the left is owned by John Ulricson, all pine forest, and he would like it to remain that way. This property could be subdivided into six lots for it has 1200 ft. of frontage on Jennison Road. We have discussed a conservation easement with the landowner that would eliminate the possibility of subdividing the property. The easement will reflect an agreement to give the town ½ of the proceeds of any timbering done on the property to compensate for the cost. The total cost of $3200.00 reflects the actual expenses incurred for the site plan and surveyor to layout the easement.

3. 8:15 P.M. Dredge & Fill Application, M39 L66, David Orde, Spaulding Farm, Irrigation Pond.
   Neither the applicant nor a representative of Spaulding Farm was present; application tabled for review later. (See attachment.)

4. 8:30 P.M. Wetlands File Number 1999-00356:
   Dredge & Fill Application M42 L37-1, Scott Brown, Armory Road
   Abutters in Attendance: Fred & Steven Pihl M42 L38

   On March 30, 1999, five members of the commission did an inspection of the dredging done in the stream just north of Armory Road on the property of Scott Brown. Present were Bob Walsh, Chris Guida, Hub Seward, Rodney DellaFellice and Diane Fitzpatrick.

   It was explained that when the commission looks at a project that has been completed, it must be viewed as if the project had not been done and determined if the commission would have approved the application by the description of the project. For those not present on the site walk, Hub and Diane presented photographs and maps showing the dimensions and layout of the project viewed.

   Prior to leaving the site, a request was made to Diane Fitzpatrick, the Chairperson to contact the Wetlands Bureau to explore the commission's options as the project was much larger than expected. The following violations were observed and the sum of fines for these violations approaches $8000.00.

   dredging in a stream
   heavy equipment used in a wetland
   no siltation control was used
   volume of dredged material, major impact
   dredged material deposited in wetlands
   adverse impact to abutter
   working within 20 feet of neighbor without written permission
   excessive siltation downstream

   The applicant was advised if there is remediation, the commission can recommend that a fine not be imposed. That is, they would accept our recommendation to waive the fine if the project is undone. It will need to be undone in a certain manner so as to not cause more damage. The Wetlands Bureau suggested it be returned to its original state within ten days, but through persuasion of the chairperson, they agreed to allow 30 days.

   Immediately, Mr. Brown needs to secure a written agreement with the adjacent landowners, for work to be performed within 20 feet of that landowner's property. Other issues include that there is a great deal of sand running down filling up the brook. The sand in the brook downstream needs to be removed, cautiously, by hand using silt fencing. To do this, the fencing is placed across half of the brook and working behind the fencing, the silt is shoveled carefully into a wheel barrel. It will be necessary to work back to the obstruction that is creating the flooding. After the silt has been removed, down the original bed, then the obstruction needs to be removed. At this point, the members would like to see what is left. The Wetlands Bureau will probably want the pond filled in, corrected to its previous state, but the commission would like to look at it before the filling.

   The commission will recommend to the Wetlands Bureau 30 days to clean out the sand, remove what was dumped into the brook, and then the commission will do a site inspection and recommend final clean up action.

   Mr. Brown commented that he is very willing to rectify the situation doing whatever is necessary.

   The Chairman asked Mr. Brown if he had any recourse with the contractor who did the project. Mr. Brown did not know for he wasn't there when the project was being done and there were no site plans or stakes. The commission suggested the contractor should aid Mr. Scott in his efforts to remedy the violations. The home owner should contact the contractor and bring him up to date on the needed remediation. A letter was sent by commission to the contractor alerting him that there were several major violations and suggesting he attend the meeting this evening. Neither he or his representative was present.

   Mr. Pihl asked if it would help if he applied for a permit to clean out the brook to its original state and lessen the impact. Diane informed him the application has to go the Wetlands Bureau and it would be at least 30 days before it may be issued and would not help in this remediation.

   Gerri Dickerman asked the commission not to recommend a violation fine for Mr. Scott. In response, it was explained that when we have cooperative landowners, as in this instance, we do not recommend fines.

   Rodney made a motion, seconded by Richard Medlyn that the commission forward two letters. The first letter to the Wetlands Bureau, with copies to Mr. Brown, and Fred & Steven Pihl stating: there has to remediation within 30 days, there needs to be a written agreement between parties with a copy forwarded to commission immediately. The guidelines on the remediation efforts including technical assistance should be obtained from NRCS. Guidelines should include cleaning out the sand, the sediment, stabilization to deter more being washing into the waterway and lowering the obstruction to the original state. The commission will recommend no fines to be assessed for all parties who participate reasonably in the remediation efforts, including the contractor.

   The second letter to be forwarded to the contractor, Joe Luongo, stating: the Wetlands Bureau required remediation, an explanation on his standing and possible liability in the wetlands violations, a copy of the letter sent to the Wetlands Bureau.

   Members were polled and the vote was unanimous in the affirmative.

NEW BUSINESS:

1. Allocation of Funds, "Set Aside Votes"

   The commission has previously voted to set aside funds in the past without tracking the vote or actually setting aside the funds, especially if it was designated out a specific fund which balance may fluctuate. One such instance was on May 8, 1997, there was an unanimous vote in the affirmative to set aside a maximum of $1200.00 per year to be spent on boundary markings. This was to be paid of the Accumulative Fund, except in the case of town forest lands, where it would be paid out of that fund. At this time, there is no easy way of knowing how may votes setting aside funds have been made but not in the current budget. The Chairperson suggested that we rescind past set aside moneys and when funds are needed for a project, they be included in the current budget. General discussion of the background of this vote disclosed that boundary projects were reviewed in 1997 and the cost came to approximately $12,000.00. It was decided it would be easier to fund if it was done on a yearly set aside basis, but the project did not continue.

   Upon a motion made by Hub Seward, seconded by Richard Medlyn to rescind all previous allocated or set-aside-funds except the $1500.00 for McLane Dam and the $2000.00 committed for on ongoing Tree Project, members were polled, with Rodney DellaFelllice voting no, Pierce Rigrod abstaining, Diane Fitzpatrick voting yes, and the motion was passed.

2. Conservation Land Fund, Rodney DellaFellice Rodney would like to set up a Land Fund Sub Committee to review the funding of past acquisitions by the Conservation Commission, strategize our goals as a group; determine the ways and means of garnering support for land fund money and institute a timetable for such activity. This would provide the members with a basis for establishing land fund requests and determine a reasonable amount the commission should have on hand and available for unexpected opportunities.

   The Chairman suggested that Rodney put together an outline of the scope of work the subcommittee will be charged with and present it to the members at our June meeting. Any members interested in joining this sub committee, please contact Rodney.

OLD BUSINESS:

1. SPNHF Land M10, L1 - Forest Society Land for Sale - 111 Acres in Milford

   At the last Selectmen's Meeting, Peter Leishman wondered if the Conservation Commission might be interested in obtaining this land as a park for it abuts the Conrey land which under a conservation easement to the Town of Milford It was requested the Conservation Commission look at the land and report back to the Board of Selectmen. Members agreed to meet on McGettigan Road on March 20th at 6:30 PM for this land review.

INFORMATION ITEM:

Workshop in Land Conservation Planning for Community Officials, Saturday, April 24, 1999 at the Concord High School. Interested members, please contact the office for registration forms.

The meeting was adjourned by the Chairperson at 9:45 P.M.

The next work session of the Milford Conservation Commission will be on April 22, 1999 at 7:00 P.M. in the Downstairs Meeting Room in the Town Hall.

The next regular meeting of the Milford Conservation Commission will be on May 13, 1999 in the Selectmen Meeting Room in the Town Hall at 7:00 P.M.

MINUTES:

Upon a motion by Rodney DellaFelice, and seconded by Pierce Rigrod, it was voted unanimously in the affirmative by members present, to accept the Minutes of the April 8, 1999.

APPOINTMENT:

D&F M43, L23, Mark deMontigny, Tonella Road - Representing D&F Applicant - Project Manager, Matthew J. Peterson, T.F.Moran
The proposed project reflects the planned construction of 108 Elderly Living Units on Tonella Road with supporting infrastructure. The driveway entrance, due to the topography of the parcel, must cross a wetland area. The wetland impact area is considered minimal and the best alternative available.

For stormwater, the plan shows catch basins, headwalls, treatment swales and a closed drainage system running down the hill. This project will go through Site Specific review.

Upon a motion made by Chris Guida, seconded by Richard Medlyn, the members voted unanimously to recommend approval of the D&F Application to the Wetlands Bureau.

UNFINISHED BUSINESS:

1. M10, L1, SPNHF Land Members, Judy Gross, Bob Walsh, Chris Guida did a site walk of the property. They were asked to comment on their findings. Judy Gross took the floor and first expressed the overall beauty of the land and that undoubtedly, it must serve as a corridor for wildlife but was influenced by the knowledge at this time, that there is an interested buyer. This would result in another party buying the land and it may be possible for the commission to maintain the easement put on by the Society. If there were not a buyer interested, she felt it would be worthwhile for the commission to pursue purchase. Chris Guida added, that generally speaking, the members visiting the site felt that since the Society is going to hold an easement and restrictive development rights on the land, the commission's purposes would be substantially met regardless of who bought the property.

   Upon a motion made by Hub Seward, seconded by Rodney DellaFelice, it was voted unanimously in the affirmative by members, to forward the following comments to the Selectmen:

   1. this land is not threatened, no more than two houses will be permitted,
   2. the Society will retain control of the land after the sale,
   3. the Society is screening any potential buyers,
   4. access to the land is an issue,
   5. the Conservation Commission does not have funding for the acquisition in the land fund,
   6. the importance of saving of taxpayer's money with the same goal of conservation being served.

2. Scott Brown, Map 42, Lot 37-1, Armory Road, Stream Restoration

   This violation was brought forward at our April 8, 1999 meeting and we stipulated the brook must be cleaned up and the dam removed within 30 days. The Wetlands Bureau has not reviewed the file, the abutter, Fred Pihl called to request the dam not be taken down for the ducks are now in residence. It was suggested by the Chairperson that he call the Wetlands Bureau with his request. Further action will be delayed until the Wetlands Bureau reviews the file. It was decided by members an inspection of the site should be done. It was agreed this would be done on Wednesday, May 19th. Members will meet on Armory Road at 5:45 P.M.

3. Natural Resource Protection, Priority Setting, Next Step

   At our last meeting, we designated three top priorities and have been asked to provide detailed information to REPP by April 15, 1999 on each of our priorities, and at this time, we are a little behind schedule. There needs to be commitments from members to work on a particular property. If there are not enough members to work on all three, it may be only feasible to work on one.

   It was agreed by the members, due to time constraints, that the commission focus on the one project that information is already available, the possible acquisition of Hayward Farm, Map 7, Lot 10. It is possible that when this project package is developed, the members may continue working on the other two top priorities.

      The next steps to be done are:

   1. conversation with the landowner,
   2. photographs of the land,
   3. source of funding (if not known, project possible available funding).
   Pierce Rigrod, Dick Medlyn and Diane Fitzpatrick will meet Monday, May 17th at 6:00 P.M. in the Conservation Office at the Town Hall to work on a project package for the acquisition of the Hayward Farm property.

4. Report - Hitchiner Timber Sale - Tour by Dan Reed Forester, Saturday March 20, 1999, For Members Bob Walsh, Richard Medlyn, Rodney DellaFelice, Diane Fitzpatrick

   The timbering of the Hitchiner Forest is almost half completed and the tour proved very informative in recognizing the growth and age of the trees in the forest. A forestry issue discussed at a previous meeting was that it may have been of more benefit to have the tops left in the fields. The Forester felt that the tree tops had dropped so much over the years that the tops now being removed would not reflect a significant reduction in nutrients. When the timbering is finished at Hitchiner, he has offered to meet with the commission and update the status of all the town forests. This will give us an opportunity to update our management plans. Hub commented with conjunction with the Hitchiner Management Plan, the Extension Office is interested in a Natural Grass Restoration Program. More information is available if the commission is interested in participating. Members expressed interest in knowing more about it. Hub will contact the Extension Service with the request.

5. Policy & Procedures

   It is essential that the commission completes a Policy & Procedure review and compiles a new up-to-date P & P Manual this year. This may necessitate a special meeting or a special sub committee to work on them. If a sub committee is formed, the final report would include a draft of recommended procedures for the members to accept or decline.

   The first step in this project is a review of the policy and procedures already instituted. They have been assembled and placed in a workbook. Members were asked to take the workbook home to review the material and at the next meeting, be prepared for a discussion on the policies in the workbook, as well as how and by what means, (special meeting, sub committee) should they be reviewed, and if necessary, revised.

NEW BUSINESS

1. DPW Work - Ball Hill Road
   The beginning of Ball Hill Road is very steep and there has been a problem with the water crossing the road and freezing. On the steep part of Ball Hill Road, DPW was cutting the bank back to make a larger drainage ditch area that would allow water to go down into the ditch and not across the road. The commission received a call from a resident on Ball Hill Road, notifying us that the DPW was draining wetlands. To their knowledge, DPW was not aware of any wetlands in the area, but has now ceased work until the commission reviews the site and advises if there are any wetlands in the area that would require a D&F Application.

   This site review has been scheduled for Wednesday, May 19th, with the members meeting at Armory Road at 5:45 P.M.

2. New Office Equipment - Computer Upgrade, Scanner
   We included a Scanner in our Budget this year, but find the office computer system cannot accommodate a modest scanner. Due to lateness of the hour, this item was tabled until the next meeting.

3. SilvaMart, Inc., Carl Silva, M12, Lot 8, Aquifer Protection District

   The owner, Carl Silva, is requesting a Special Exception from Article II, Para. 2.030.A,- Non Conforming Uses to expand a non-conforming use by installing two (2) additional gasoline pumps on the property and erect a canopy to house same. Commission members in attendance at the ZBA meeting had concerns about expanding a gas station over the aquifer. From the applicant lawyer, it was stated "that the applicant's expansion of the current use of the premises will not change the nature or purpose of the original use nor will it present a risk to the Aquifer Protection District. There will not be any additional tanks installed on the premises. The pipe system running from the existing tank to the two new pumps will be double or triple walled to insure against leakage. These safeguards adhere to spirit of the Aquifer Protection District which was instituted to protect the public, protect natural resources and prevent pollution."

   Conservation members who were at this ZBA Meeting had concerns and questions. They requested the Chairperson to meet with Kevin Lynch, the Code Enforcement Officer, for details why a Variance is not needed for SilvaMart. The Chairperson, meeting with Kevin Lynch, was advised that he had reached his decision on the Special Exception with the guidance of the Town Counsel, and requested the commission to defer appealing this Administrative Order until a meeting could be arranged with the Town Counsel.

   The Chairperson solicited from the members their feelings on this issue. Pierce offered that when he read through the ordinance, a gas filling station was a prohibited use in the Aquifer Overlay District and that already defies the definition of a special exception. Can you get a Special Exception for a prohibited use?. It seems the definition of a Special Exception is "to allow a permitted use to operate or expand" and does not agree with provisions in the Zoning Ordinance.

   Kathy Bauer, Chairperson of the ZBA, took the floor to explain the use is permitted because it was a non- conforming use permitted before the ordinance took effect. The Zoning Ordinance does not address an expansion of a non-conforming use and may be construed to direct decision makers to the Special Exception portion. There are also guidelines in granting a special exception that must be applied.

   Richard Medlyn expressed his concern that because it already exists, there should not be an opportunity to double a prohibitive use. He felt the difference between having two pumps and four pumps, doubles a potentially dangerous environmental hazard for the aquifer. Discussion ensued that the intent of the ordinance is to protect the aquifer and if we state that prohibitive uses are allowed to continue to expand because they are grandfathered, we are defeating the purpose of the ordinance.

   It was agreed by members, that we should wait and receive an opinion from the Town Counsel on the concerns of the commission and if it is determined that the expansion of a non-conforming use in the Aquifer District is permitted, then we should advise the town to revise the ordinance.

   Kathy Bauer suggested that the commission members attend the Planning Board Meeting for she felt the members had expressed valid concerns and questions. Members agreed to attend both the May 18th Planning Board Meeting and the May 20th ZBA Meeting.

INFORMATION ITEMS:

Trail Grant Funding for Emerson Park - tabled until next meeting.

There being no further business to come before this meeting, a motion was made by Rodney DellaFelice, seconded by Hub Seward to adjourn this meeting at 10:20 P.M.

A Work Session of the Milford Conservation Commission will be held on Monday, May 17th at 6:00 P.M. in the Conservation Office at the Town Hall to work on a project package for the acquisition of the Hayward Farm.

The next regular meeting of the Milford Conservation Commission will be held on June 10, 1999 at 7:00 P.M. in the Selectmen Meeting Room in the Milford Town Hall.

MINUTES:
Upon a motion made by Chris Guida, seconded by Richard Medlyn, it was voted unanimously in the affirmative by members present to accept the Minutes of May 13, 1999 with the following edits:

• Line 28, 29 -delete "may not be served"
• Line 29 - delete " by acquiring this property"
• Insert in Line 28, following the word purposes "would be substantially met regardless of who bought the property"
• Line 35 - Item B - delete the word " contain", insert in its place word "retain"
• Line 107 - delete the first word "tanks", insert in its place the word " pumps"

APPOINTMENT

7:15 P.M. - Ernest & Mike Ciardelli:- Reference M56 L73 and M57 L2

Diane Fitzpatrick offered the following update of events for the members. Periodically, the Tax Assessor reviews parcels of land taken by the town for nonpayment of real estate taxes. After the review, a list is generated and forwarded to the Selectmen with the recommendation they be sold. This list is also circulated to all town departments, in particular, the Conservation Commission for review and their advice on retention or sale of the parcels on the list. On the last list received from the Tax Assessor was a parcel known as the Ames lot.When the commission researched the property, the Milford tax map showed it abutting Monson Village. Further investigation revealed there were doubts as to whether the tax map was accurate. It was the recommendation of the Conservation Commission for the town to retain the property until the exact location could be determined and confirm it abutted the Forest Society's Monson Center property. At the last Selectmen's meeting, we still did not have a confirmed location when the Selectmen voted to put this property under the commission's management.
That evening, after the Selectmen Meeting, I was shown a map of this area that had been given to the Tax Assessor by Mike Ciardelli. Evidently, the Ciardelli family had the map for about a year, but the commission was unaware a map existed. This map discloses that M57, L2 parcel is not adjacent to the Monson Center. There is another piece of property, owned by Ernest Ciardelli, that is between the Monson parcel and the Ames parcel. This is M56, L73, a landlocked parcel, between the town owned parcel and the Monson Center parcel. Ernest Ciardelli advised that when he became aware that M57, L2 was available, he wrote a letter to the Selectmen inquiring if he could purchase this parcel which would give him the ability to connect with his parcel, M56, L73. Diane offered an apology to Mike & Ernest Ciardelli on behalf of the commission for the members were unaware of their interest in this property and had no knowledge that anyone knew where this property was located.

Diane asked what the Ciardelli's were thinking? Ernest replied, that if the town owns that parcel of land and can't get to it and we own this parcel of land and can't get to it, perhaps we could work out a satisfactory solution.
Diane responded that there are two things that might happen, we could exchange them, or you could buy ours. Mike asked the commission if this was unprecedented, can we make a swap like that, is the town open to it? Hub responded that it would have to go to the town meeting with the selectmen's recommendation.

Mike Ciardelli advised the members that there are no plans at this time to develop the property they own in this area. It has been in the family for 60 years and they wish to keep it undeveloped and unmolested. They are not in a position to donate their land to the commission as it represents security to their family and it may come to pass in thirty years from now, a need to develop it.

The chairperson noted that in the past when recommending town land be sold, the commission had a duty as stewards of the land, not to keep it, but protect it with a conservation easement so it could not be subdivided into house lots. With a conservation easement, trees may be cut, trails put in, etc.

Richard Medlyn questioned if the two parcels proposed being swapped were of equal size. Ernest replied that he thought one parcel was 8 acres (M56 L73) and the other parcel was 11 acres (M57, L2). Richard felt from the town's point of view, they would be swapping a smaller piece for a larger piece and the larger piece being swapped would be contiguous to already owned parcels by the Ciardelli family.

Mike Ciardelli summarized the three options available; "we buy the parcel, we swap parcels or we give you our parcel. We would really like to swap pieces".

After discussion with members, it was suggested at this point that several issues have to be determined. One, what procedures are in place for determination of land assessments; evaluating if both parcels are of equal value. Also, we need to meet with the Assessor to determine the value he has put on them and if the selectmen would accept his valuation eliminating the need to pay a firm to survey the property. Next, a site walk should be done to accumulate more information to share with the Selectmen. Ernest and Mike offered to let the commission borrow their map for use in the site walk. Diane suggested that the commission talk to the Dickerman's for they are very familiar with the Monson area and ask them to join us on the site walk. The commission will keep in touch with Ernest and Mike Ciardelli and copy them on all pertinent information gained.

A motion was made by Chris Guida, seconded by Hub Seward, and the members voted unanimously that a site walk be done by commission members to gather information.

The actual date and time will be forwarded by e-mail to all members participating as Russ Dickerman needs to be contacted to set up a convenient time for him and his wife to act as guides.

APPOINTMENT:

7:30 P.M. D& F Mason Road, DPW for Water Main Extension

The Department of Public Works is extending the water line on Mason Road. It is a minor, temporary impact of 70 sq.ft. to bring the water line under Great Brook where it crosses on Mason Road. It is a rocky area with no real vegetation to be disturbed and the plan outlines erosion control and the construction sequence. There are clear instructions for the work to be done by DPW.

Upon a motion made by Richard Medlyn, seconded by Pierce Rigrod, the members voted unanimously to authorize the chairman to sign the Expedited Minimum Impact Application.

UNFINISHED BUSINESS:

DPW Work - Ball Hill Road

Site Review by Hub Seward and Diane Fitzpatrick Wednesday, May 19, 1999 Photographs of the site were taken and now passed out to members to examine. Hub Seward gave a report on the site evaluation.

One of the issues to be determined was, "is there wetlands in this area". It seemed that when DPW was widening the road, a small trickle of water ran down the side of the road for several weeks and may have dropped the level of the wetlands. It being seasonal water, it is impossible to determine the original level. This was brought to our attention by a neighbor up the street who thought the DPW was draining the wetlands as well as questions about scenic roads and stonewalls. Hub felt the stonewall seemed to be ½ size boulders that probably got moved when building the road; it didn't look like a historical stone wall. Both Diane and Hub made a determination that it wasn't a scenic road issue or a built wall.

At a meeting with Doug Starr and the road foreman, Diane and Hub discussed the fact that it was not necessary to go back that far in the area and it is really advantageous that the area soaks up water, holds it for a while and then lets it run slowing, rather than going out onto the road all at once. This was agreeable and they confirmed they have basically done all the grading needed, may put back some of the top soil, and will be seeding the area. With our recommendation, they will put a little of the banking back where the water was coming out, securing any wetlands intrusion.

It was agreed by members that this was not a significant violation and does not need an After the Fact Application. The chairperson will send a copy of the above report to Mr. Bob Willette with a cover letter stating our findings.

Upon a motion by Pierce Rigrod, seconded by Richard Medlyn,with members being polled, it was unanimously agreed to accept Hub Seward report as presented with the recommendation that this was an minor disturbance of less than 5 sq. ft. and that the DPW will restore and secure the incidental intrusion.

NEW BUSINESS:

1. Milford High School Request - Tree Money

   The chairperson informed the members that we have received a request for Tree Fund money from the High School. Most of the departments in town know that the commission has had a tree fund for many years but this year, the $1000.00 Tree Fund money was cut from our current budget. It was felt there were better ways to fund a tree project. Members were asked if we should try to find the money to fund this project from other accounts.

   Upon a motion by Hub Seward, seconded by Dick Medlyn, with members being polled, it was unanimously agreed to provide advice and assistance with species of tree suitable but because no funds were appropriated, we are unable at this time to financially contribute to the project.

2. Aquifer Protection District, Expansion of Nonconforming Use, New Town Zoning Ordinance
    Re: SilvaMart, Inc. Carl Silva, M12, L8 Aquifer Protection District

   Report by Pierce Rigrod - There is a very specific section dealing with Special Exceptions in an article by H. Bernard Waugh, Jr. Esq. from the Municipal Law Lecture Series of 1994, titled "Grandfathered, The Law of Nonconforming Uses and Vested Rights". He is the attorney for the N. H. Municipal Association and originally authored this paper in 1989, with a revision in 1994 with the assistance of Timothy Bates, Esq. He has a reputation for giving a good rendition of the law. According to my interpretation of the article, you either receive a variance or its considered a natural evolution or extension of the use. The Code Enforcement Officer may say " you need to get a variance because the growth is ___, your expanding the building, your doing something different, or whatever reality needs to be applied, but that doesn't seem to be the rule the ZBA is following. They issued a special exception for its use. As a procedural application, I do not think they followed the right path. It could be that I am reading this incorrectly. There are some points in the article that tells you to forget about special exceptions. You are either bound to give a variance or you should just allow it as a right. This may need to be discussed at another meeting between us, Kevin Lynch and Attorney Drescher. It really is important to clarify.

   I have looked at the section on nonconforming uses, which is exactly what has been adopted in Wilton. The two things that stand out as omissions: 1.We don't require a minimum percentage of impervious surfaces to be left open after development of a lot within the Aquifer Protection District and (2) We don't require ambient water quality to be maintained to assure that water percolating into the ground will not pollute the aquifer. It is addressed generally in the Planning Board request for information and studies as to what is going to happen to the water quality percolating through a detention area down into a site. This is a tricky issue. There is a section in the aquifer that talks about oil/water separators, a maintenance contract in place before approval of a plan. We, as a commission, should attend the next Planning Board Meeting and speak about oil/water separators. We really haven't brought this up. We did talk about spills and having a ridged containment area around the pumps. The issue to me is if we are going to allow uses that are not desirable in the Aquifer Protection District, we have to address any kind of chemical or pollutant disbursement in this area. I don't think simply saying that because there is a detention basin it is going to keep it on site. You can't always rely on sub grades surfaces. What is there for soils to adequately filter what is coming off from anti freeze, gasoline or some other spill that is prohibitive but already existing and looking to grow. I really don't think that the case before the ZBA would have a great impact on what is now happening. They intend to use all the necessary equipment required or feel is necessary to prevent spills. In general, we probably will have to live with what we have, but when users come back to make them a little bit larger, we should try to get the best performance we can within the district. In conjunction, we need to look at the ordinance. There seems to be some glaring omissions that need to be reviewed, perhaps by a committee. The recommendation is that the town is already involved in the Wellhead Protection update and this would be a good exercise to have the ordinance reviewed as part of that work project. The commission should involve itself in that project in conjunction with the events that are now happening. You have to be very careful how you address this issue in that you don't handtie 50 or 60 lots that are simply denied any additional use. This is very important to address if we are going to protect the aquifer. We should know where it's recharge is coming from; we need to know what uses are going to be high risk; we should have an ordinance that functions limiting the risks to the aquifer. I think this town has a history behind it; that if we put something on the ground and we don't pay close attention to it; it will get into the water system. This represent financial interests. We just lost 100 million gallons of water and now we are getting water from Amherst because we can't open a well in town. This is a huge economic issue as well as a political issue. Who controls our water now, not the Town of Milford.

   Hub responded, that this is a basic dilemma; you wish to protect the aquifer and want to siphon all the run off into the river and let it flow downstream. You want to protect the river and you create basins and let it soak into the ground. Neither is desirable and we need reclamation procedures. Diane commented that the river in Milford depends on the amount of water in the river. The river is either recharging the aquifer or the aquifer is recharging the river. It goes both ways.

   Hub suggested that it may appropriate for us to recommend a revision or amendment to our Aquifer Ordinance so if there is an expansion of an existing nonconforming use, it must be done in such a way that there is no more potential hazard to the aquifer. Diane reminded members that we have until the end of the year to recommend revisions to the ordinance. The commission will put together a draft within the next few months.

   One of the points that Attorney Drescher stated at the meeting with Diane Fitzpatrick and Kevin Lynch, is that we did the best we could do because of the way the Ordinance is written. The ZBA gave their approval with the request the Planning Board address the possibility of spills. He was very insistent on the fact that as a preexisting use, it is valid and you can not try to remove it. He felt issues should not go into great detail at the ZBA level; the details should be directed to the Planning Board for it can require the applicant to get expert reports and specialized reviews.

   It was the recommendation of Pierce Rigrod, that the commission send a memo to Bill Parker regarding our concerns with the layout plan of SilvaMart, Inc. M12, L8 - Expansion of Nonconforming Use

3. Conservation Land Fund - Rodney DellaFelice Presenting
   Due to a previous commitment, Rodney was unable to attend the meeting this evening and requested a postponement of his presentation until the next scheduled meeting.

4. New Office Equipment - Computer Upgrade, Scanner
   This item will be postponed until the next meeting. Rodney DellaFelice will present recommendations for new equipment.

UNFINISHED BUSINESS

1. Scott Brown, Map 42, Lot 37-1: Stream Restoration

   The Chairperson read a letter from DES - "The Wetland Bureau has reviewed your After-the-Fact Application to construct a livestock watering hole impacting approximately 400 sq. ft. along a seasonal stream is not approvable and has therefore has been denied". The inspector has passed it on to Enforcement Group at the Wetlands Bureau and the Enforcement Group is going to require him to restore everything; remove the dam, fill in the hole and vegetate the area. Scott with the help of his neighbor, the Pihl's, has cleaned up the brook; but the Wetlands Bureau has limited flexibility when it comes to enforcement.

   It is out of the Commission hands now, but members recommended that a letter be sent to Scott to inform him of what the Wetlands Bureau is going to require him to do and that we are willing to work with him.

NEW BUSINESS:

1. Town of Milford, Kaley Park D&F Application

   Diane updated the members on this application. We had previously reviewed the Standard Dredge & Fill Application for Kaley Park and had decided to recommend approval of the application to the Wetlands Bureau; but there has been a change since the plan went through the ZBA. They felt there would be a lot of children walking or biking and they wanted them to be off the access road. Due to the changes in the design resulting from the Zoning Board hearings, there has been an additional minimal impact on the wetlands by the access drive. The alignment was approved by the Commission at its last meeting, but the width of the drive has increased from the previous 20 ft. gravel drive to a proposed 20 ft. hard surfaced drive with an attached 5 ft. asphalt sidewalk. These changes were made to alleviate any safety concerns for pedestrians. Totally, there has been an increase of 481 sq.ft. of wetlands impact between the initial application and the revised application as necessitated by the Zoning Board review.

   Upon a motion made by Hub Seward, seconded by Chris Guida, with members being polled, it was voted unanimously, to recommend to the Wetlands Bureau that the application be approved.

2. Miscellaneous Item - Agenda from May 13, 1999 - Information Item - No Information Offered

3. Trail Grant - Re: Trail from Emerson Park to the Stage Festival - We have been awarded a grant for this project in the amount of $7,664.00. The town will be doing the actual work.

4. Special Item: - Policy & Procedures

   A committee has been assembled to work on recommendations for Conservation Commission Policies and Procedures to be approved by members. The committee consists of Judy Gross, Hub Seward and Diane Fitzpatrick. It was hoped that the ten current policies of the commission could be reviewed by members at our regularly scheduled meetings. They need to be dealt as soon as possible for they have been in the records for years and the committee would like to have input from the members on the viability of these policies.

   One of the policies adopted 1992 and amended in 1997, reads " If a full member fails to attend three consecutive meetings without prior notification, the individual's membership in the committee will be suspended by the Board of Selectmen. Alternate members are encouraged to attend as many meetings as possible." The commission has no documentation on hand if the policy has ever been applied to a member. It was noted that perhaps the minutes should reflect those members that have been excused. Diane reflected on the fact that the commission has alternate members that never come to meeting, but serve on committees and serve the commission well. How are they to be recognized. Diane expressed that although we have a policy for members, no where do we state the requirements expected from full time members of the Conservation Commission. Members were asked to direct their comments to the commission's Policy and Procedure Committee.

5. Request Pierce Rigrod - Recycling Committee
   Pierce requested that Doug Starr be contacted for information as to when the Recycling Committee will be having meetings. He would like to become involved with the committee.

6. Yearly Commission Picnic
   Members were reminded to leave the July 31st date open to attend our yearly picnic. Further plans will be discussed at the next regularly scheduled meeting of the Conservation Commission.

There being no further business to come before this meeting, a motion was made by Hub Seward, seconded by Chris Guida to adjourn this meeting at 9:15 P.M.

The next regular meeting of the Milford Conservation Commission will be held on July 8, 1999 at 7:00 P.M. in the Selectmen Meeting Room in the Milford Town Hall.

GENERAL BUSINESS

Conservation Commission Assistant:
Diane noted the Commission Assistant has been working with the commission for a year and with the assent of the members present, was commended on her performance.

Approval of Minutes:

Diane discussed with members corrections to the minutes that did not change the intent, such as typos, etc., could be e-mail prior to the meeting with the changes made before the minutes are presented for approval. Members in attendance agreed. Substantive changes altering the content or a change of understanding will continue to be made at the meeting.

Upon a motion made by Richard Medlyn, seconded by Hub Seward, and with the members being polled, it was voted unanimously in the affirmative to accept the Minutes of June 10, 1999 with the following edit: Line 13, Line 89 - delete Medley, insert Medlyn

UNFINISHED BUSINESS:

1. Discussion of Site Walk, June 25, 1999
   Ames Lot, Map 57 Lot 2, & Ciardelli Lot, Map 56 Lot 73 Participating members: Diane Fitzpatrick, Hub Seward, Judy Gross, Pierce Rigrod

   Minutes were issued as a site report noting observations with a recommendation of those participating members. A copy of this site report was forwarded to Mike and Ernest Ciardelli and they have requested we postpone discussion of the findings until our August meeting as they are unable to attend this evening. With unanimous consent of members, this item is tabled until our August meeting. The Site Report is an attachment to these Meeting Minutes.

2. Milford High School Request for "Tree Money"
   At our June 10, 1999 meeting, this request (New Business #1) was discussed and the request for funds was not approved by members. Because we did not have a specific money request, the chairperson brought forth the item again. The funds requested is $270.00 for three trees costing $90.00 each. Chris felt he would like to stand by the results of the last meeting. Hub agreed and a poll of the members confirmed unanimously, no new action on the previous vote.

3. Conservation Land Fund: Rodney DellaFelice Presenting
   In preparation for the upcoming 2000 budget request for our Land Fund, Rodney requested a subcommittee be formed to set goals for the coming year. Several land acquisition opportunities have arisen and there is a need to set priorities and strategies. Members will be updated on the subcommittee progress with status reports and a final committee with recommendations. It was suggested that our next regular work session could be used and members agreed. The Assistant will reserve a meeting room for 7:00 P.M. on July 22, 1999 and publicly post the Agenda.

4. New Office Equipment - Computer Upgrade: - Rodney DellaFelice Presenting Rodney passed out a summary report on his review of upgrades available at present. Option #1, piggy back our order with the Town of Milford's computer order, cost to the commission $1411.25. Option #2, upgrade our current system, estimated cost $750.00 and Option #3, to purchase our own system , cost approximately $1089.00. All prices quoted are without a new monitor. These estimates also recognize the town's assumption of the software upgrades. With the future availability of a GIS system, we will need a compliant system.

   The Assistant mentioned the difficulties she had encountered over the past year, in particular, the lack of ease using more than one program.

   The commission had included a scanner in the budget for this year but discovered the system could not handle the specifications of a moderately priced scanner.

   Diane suggested that although a new system was not included in our budget for this year, we could possibly take it out of the Accumulative Fund. We should also inquire if we could sell our system to another department to recoup some of the moneys already expended for upgrades.

   Members discussed the alternatives and Chris Guida offered the suggestion that in the long run it is an advantage to have a uniform system throughout the town, Pierce also agreed with this thought as the town has an important role in being Y2 compliant and is reflected in their system requirement specs.

   Upon a motion made by Rodney DellaFelice, seconded by Chris Guida, it was unanimously voted by members present to add our order for a new PC System to the Town of Milford's order and investigate the possibility of selling our present system to another department.

5. Miscellaneous, Update on Curtis Wellhead Protection Meeting
   The committee members at this meeting drafted a model Public Health Ordinance which will be recommended to the Selectmen for adoption. The ordinance will institute an Inspection Program to determine contamination sources. The town of Amherst will not participate in the program. Kevin Lynch, Code Enforcement/ Health Official, will have the authority to fine violators and implement a Best Management Program. There were no discussions on the Aquifer Protection District.

APPOINTMENT:

The Fields at Hampshire Hills - Emerson Road, Milford, N. H.
After the Fact Permit File No. 96-2279, Map 48, L36,36-1,41,52
Rick Holder, Hampshire Hills - Jay Heavisides, Meridian Land Service, Inc.

This meeting with the commission was requested by Rick Holder to update the commission as to the status of the project and gain some advice on the restoration of current disturbances in the Wetlands and the reestablishment of grades.

Jay advised the commission on the new proposed plan (which is similar to the original site plan, dated _________ ) reducing the wetlands impact considerably. The timetable the Attorney General's Office has established is by July 16, 1999, the remapping of the wetlands with disturbance lines established must be done. By the end of the month, a Conceptual Stabilization Plan with three-concepts for possible development of the site is to be submitted. The existing erosion control plan with hay bales and silt fencing is no longer working well, having been completely silted over, but it is a distance from the wetlands. The new Stabilization Plan will show updated temporary and permanent erosion control. Part of the plan will be to stabilize the slope, cut it back to a 2 ½ to 1 slope, add loam and make sure grass is growing to stabilize the area for the fall. The plan is to do this between the August 15th to September 15th seeding window so the grass will germinate and hit a healthy growth before winter and be in place next spring. This eliminates having a bare site for the winter.

Diane asked Rick & Jay for a review of the present site conditions. With the visual aid of the site plan, the five essential areas of wetlands disturbances were reviewed:

• Impact #E1, E2 = Trees have been cut, not stumped; wetland vegetation trying to reestablish
• Impact #E3 = Dredged, grade lowered approximately one foot, no vegetation reestablishing
• Impact #E4 = Dredged, grade lowered approximately one foot, vegetation trying to reestablish
• Impact #E7 = Filled, grade raised approximately 15 feet, Stump Dump

Pierce commented since he has not been on site, he could not offer suggestions. Just seeing a site plan, did not allow him to visualize what is going on and being effected.

Chris wondered what our status as an advisory board is at present on this matter. Diane responded that the Wetlands Board and the Attorney General's Office are awaiting our input. They encourage all parties to be involved in conversation and eventually come to an agreement. Diane spoke with Justin Richardson from the Attorney General's Office today on this matter. At issue was if Hampshire Hills was allowed some impact, should they restore the site for the impact allowed at a later date. Hub questioned if certain areas are growing wetland plants back, does the Wetlands Bureau go directly by the book for restoration or are they flexible? Diane responded that they would like to know our thoughts on the matter.

Chris addressed the "Stump Dump" for he felt this was an important issue. He felt the stumps should be removed and the wetlands underneath restored with loam and seed. Also, other areas that have been dredged and are not reestablishing themselves, loam should be added and seeded with wetland vegetation. Jay felt those areas that wetland plants are not reestablishing themselves may be attributed to lack of water, lack of nutrients, and/or lack of soil. Jay did not know exactly why certain impact areas were not reestablishing themselves. It could be the location with the road, or the lack of tree cover allowing the area to dry out.

Jay questioned if tire tracks or pools created by the skidder should be smoothed out. Chris felt the main issue is to ensure that the original hydrology should be maintained. Jay described that the water now puddles in the track areas and wondered if the commission wanted the ridges smoothed to make less puddles or investigate the area to locate branches or other obstacles that may be causing the puddles. Pierce remarked that if it is already reestablishing itself, it probably should be left alone. If there is no sign of re-establishment, then they need to be smoothed out. High spots could be pushed into low spots using hand tools. Material should not be brought in to fill any low spots.

Jay added that there will probably be a hydrolic impact due to the detention basin required for the Site Specific Permit. The detention basin will be located _________. The area is so flat, that the detention basin will most likely become a wetland. Water will back up during a design storm and the area will start to take on wetland characteristics. There was a detention basin previously proposed for the back area but it will not be needed now because the building has been move forward. The building size has also been reduced to about 2/3 of the size of the previously proposed building. The parking area has also been reduced from 130 spaces to 90 spaces.

Diane asked Rick for details on his proposed landscaping plan for area E1 & E2 (the seasonal stream and associated wetlands that cross the center of the property). Rick responded that he had not addressed this issue and would probably landscape according to what will be allowed by the Wetlands Bureau.

Jay asked the commission's advise on the "Stump Dump". Should it be restored, partially restored, or left alone. Chris suggested that with the rest of the re-grading there should be some area where they could incorporate the stumps.

Chris did recommended that the stump dump be removed (Impact E7). In areas that have been cut and are re-vegetating now (Impact E1, E2 ,E4), supply additional wetlands vegetation to help it along and in areas that have been disturbed and are not re-vegetating (Impact E3) there needs to be placement of loam and seeding of the area with wetlands vegetation.

Rick summarized that he felt the commission was saying "if an area was trying to reestablish itself, we should help it out. If an impact area is not reestablishing itself, it should be smoothed out and aided to reestablish."

The commission was insure as to what recommendation to make concerning the Stump Dump. The area was filled, and raised 15 feet, 3 1/2 years ago. There is the possibility that new wetlands were created to accommodate the water that used to flow through that area. Diane suggested that the commission members should do a site walk. The commission needs to know how the area looks today. It was suggested and agreed by members, a site walk will be done on Tuesday, July 13th at 5:30 P.M. Rick Holder will meet commission members at the site at 5:30 to act as a guide.

NEW BUSINESS:

1. Milford Conservation Commission By-laws
   The commission has a Policy & Procedure Subcommittee consisting of Hub Seward, Judy Gross and Diane Fitzpatrick and the first work product out of the committee is the recommended by-laws forwarded to members for their review. It is a framework for the organization and the purpose of the by-laws is to describe what the commission does and reflects a general outline to eliminate constant amendments. One of the requirements for by-laws is that they must be presented to members in writing at one meeting, and then approved and voted on at the following meeting. Members were polled as to what changes they may wish to make to the suggested by-laws.

   Dick Medlyn requested Article II, Section 5, opened for discussion; "Attendance: Members are expected to attend all regularly scheduled meetings" . The committee discussed the fact that every member cannot attend every meeting and that it was felt it was appropriate to deal with this issue in the Procedure Manual. To that end, the word "expected" was used in the Article II, Section 5. Dick agreed this should be addressed in the procedures.

   With regards to Article III, Section 2. Staff, Dick Medlyn made a motion, seconded by Pierce Rigrod to amend Article III, Section 2. Staff: to read as follows:
     Section 2. Staff: The Conservation Commission may utilize the services of a member or nonmember to perform administrative duties. This assistant shall record and maintain in good order minutes of all meetings, all records and correspondence of the Conservation Commission. The Assistant shall also have such other commission-related duties as may be assigned by the Chair.

   All members in attendance were polled and it was unanimously voted in the affirmative.

   Dick Medlyn then proposed clarification of Article VI, Section 1. Amendments. " These by-laws can be amended at any regular meeting of the Conservation Commission by an affirmative vote of at least four voting members . . . . ." Dick questioned the members if the by-laws could be changed by three members? Diane responded that the committee discussed this extensively and felt that three members should not be able to change the by-laws. They are important enough that the committee did not feel that three members out of seven could change the by-laws.

   Dick Medlyn then made a motion, seconded by Pierce Rigrod to change the wording clarifying the intent as follows:   Section 1. Amendments: These by-laws can be amended at any regular meeting of the Conservation Commission by at least four affirmative votes, provided the amendment was submitted in writing at a regular meeting at least four weeks prior. Members in attendance were polled and it was unanimously voted in the affirmative.

2. Annual Picnic, July 31, 1999, 1:00 P.M. to August 1st.
   Being held at the Fitzpatrick's residence on Lovejoy Road in Milford, N. H. Final details for the annual festivities will be e-mailed to members.

3. Members Comments, etc.

   Pierce suggested that when a party contacts us for an appointment to discuss a project, there should be detailed plans presented for us to review or a close approximation of what they are going to do. Diane responded that Rick was advised that he should have a definite plan prior to presenting it to the commission, but he requested this meeting for he did not want to spend time and money on a plan that would not meet with the commission's recommendation. Plus, the Attorney's General Office called wondering what the commission's concerns are at this point. I could not answer that question until all the members were updated on the status of the project. So, it was important for Rick and Jay to advise us of their current plans.

   Dick Medlyn commented the requirement for supporting documentation for proposed projects should be addressed in the Procedure Manual and members agreed.

   Pierce also requested discussion of the Aquifer Protection District to be included in the August 12, 1999 Agenda.

SPECIAL ITEM:
Policy & Procedure Review Booklets Members were requested to forward their comments on the review of the commission's current Policy & Procedures to the Policy & Procedure Subcommittee. All comments and suggestions will be used as an aid by the committee when drafting a document agreeable to the membership.

There being no further business to come before this meeting, the meeting was adjourned at 9:30 P.M.

A Work Session Meeting will be held on July 22, 1999 at 7:00 P.M. in the Milford Town Hall.

The next regular meeting of the Milford Conservation Commission will be held on August 12, 1999 at 7:00 P.M. in the Selectmen Meeting Room in the Milford Town Hall.

Work Session of July 22, 1999

Present:
Diane Fitzpatrick, Chairperson
Hub Seward, Vice Chairman
Rodney DellaFelice, Pierce Rigrod, Members
Patricia Greene, Assistant

The commission does not wish to impede development. We wish to enhance those properties being developed.
Bio-Diversity is our goal; it benefits everyone.
The commission's intent is "Balance". We understand that we cannot convince everyone on the benefits of protecting wildlife habitats, wetlands or open space for social activities. We can, however, keep the public informed on issues of interest to them and stress the importance of balancing ecosystems. If all the land in Milford was developed that wasn't wetlands, it could conceivably promote a whole world of just frogs and people for uplands as well as wetlands must be protected in order to preserve a balanced ecology. At present, there are few regulations requiring the protection of upland and/or wildlife habitat.
Direct Mailings, Infommercials, Public TV Talk Shows, Outreach Program at the Transfer Station; some projects to be considered.
The commission needs to design a series of Fact Sheets to be made available to the public.
Is the acquisition of Hayward Farm (M7, L10) the commission's top project for this year? It is the last large piece of farm land ( about 130 acres) which is over an aquifer, along the river, a habitat for important wildlife and a historic/archaeological site.

MINUTES:

1. Upon a motion made by Richard Medlyn, seconded by Rodney DellaFelice, it was voted unanimously in the affirmative by members present to accept the minutes of July 8,1999

2. Upon a motion made by Rodney DellaFelice, seconded by Pierce Rigrod, it was voted unanimously in the affirmative by members present to accept the minutes of July 22, 1999 with the following addition:
Line 34, add after people " because uplands as well as wetlands must be protected in order to preserve a balanced ecology. At present, there are few regulations requiring the protection of upland and/or wildlife habitat."

APPOINTMENT:

7:30 P.M. Ernest & Mike Ciardelli, Ames Property, Reference M57, L2, Site Walk, June 25, 1999 :

Ernest & Mike Ciardelli were unable to attend but because this item has been on the agenda for two commission meetings, the commission's recommendation should be recorded. There are Minutes of the Site Walk and Ernest & Mike Ciardelli received a copy. Should they wish another appointment to review the commission's recommendation, they will be accommodated.

This property was taken by the town for nonpayment of real estate taxes and the Ciardelli's were notified of the taking. The commission was asked if it was interested in this property and we notified the Selectmen we would like it as conservation land. The Selectmen voted to place this parcel (M57 L2) under the management of the Conservation Commission in May of 1999. The Ciardelli family approached the commission wishing to swap M57,L73 for the Ames property and the commission members participated in a site walk to gather more information.

The Ames property has a common boundary with the Monson property of about 600 feet with high and dry land. The town's property is described in the deed as approximately 11 acres and the Ciardelli property (M56,L73) is approximately 8 acres and mostly wet. It was concluded the two parcels are not comparable in value. The commission is obligated to be good stewards of land under its control and the Ames property exemplifies our criteria of conservation land.

Upon a motion by Robert Walsh, seconded by Pierce Rigrod, and members being polled, it was unanimously voted to accept the report as submitted by the participants of the site walk; that the commission retain management of the property (M57, L2) as it enhances the Monson Center and to offer the Forest Society the opportunity to extend a trail on the property.

UNFINISHED BUSINESS:

1. Milford Conservation Commission By-laws :

By-laws were presented and amended at our last meeting. The By-laws, amendments or repeal of the By-laws must be presented at one meeting and accepted or rejected at a following meeting. Members were polled for any new amendments and with none forthcoming, a

motion to accept the By-laws as presented and amended at the July 8, 1999 Conservation Commission meeting was made by Richard Medlyn with Pierce Rigrod seconding. Members were polled and it was voted unanimously in the affirmative to accept the amended By-laws.

The By-laws will now be sent to the Selectmen requesting their approval and acceptance. (A copy of the By-laws is an attachment to these minutes.)

2. The Fields at Hampshire Hills : After the Fact Permit File No. 96-2279 Map 48, L36,36-1,41,52 Emerson Road, Milford N. H.

(Chris Guida abstained from comment and vote on this project.)

At our last meeting, we had a discussion with Rick Holder of Hampshire Hills and Jay Heavisides of Meridian Land Service Inc. who requested the commission's recommendations on the handling of the wetlands impact. In general, it was the consensus of the members, dredged impacted areas trying to reestablish with vegetation should be left alone( Impact #E1, #E2, #E4). There was one area not re-vegetating (#E3) and it was recommended that loam be added and seeded with wetlands vegetation.

The only area the commission did not make a recommendation on was the stump dump (Impact #7). The members felt there needed to be a site review before giving recommendations. Diane Fitzpatrick, Dick Medlyn, Hub Seward and Pierce Rigrod met at the site on July 13, 1999. These members evaluated the stump dump and they were now asked for comments and recommendations on that impacted area.

Diane emphasized the process presently depends on whether you are reviewing the request from the Wetlands Bureau or the Attorney General's Office. The Wetlands Bureau was expecting a Restoration Plan for any impacted wetlands and received a preliminary Stabilization Plan. It was the Attorney General's Office that requested a preliminary plan to stabilize the site. The plan submitted and of which we have a copy, is a Stabilization Plan; hay bales, contouring without notes on restoration. Diane spoke with Jay Heavisides of Meridian Land Services today and he is being guided by the Attorney General's Office request, a Stabilization Plan. Margaret Foss from the Wetlands Bureau called the commission asking that the commission comment on the Stabilization Plan. There is really nothing in plan for the commission to address, as it is not a Restoration Plan. The commission addressed all the wetlands impacts except the "stump dump Impact #7", and if the members would like to make recommendations on the handling of this area; this is our opportunity to do so.

Hub, unable to attend this meeting, e-mailed the following comments on the Fields at Hampshire Hills:
" I looked briefly at the plans. I see an immediate need to do something, anything, to reduce the siltation and runoff from rain, even if this means doing preliminary work now which may need to be undone or redone as part of the final development plan. The extent of rework required should be kept to a minimum however. The Reclamation Plan for the areas around the stump dump could be acceptable without total restoration if suitable compensatory wetlands are created. I did not see sufficient detail in the plan to determine if this was accomplished."

Richard commented that the plan does not show a detention pond . The creation of the detention pond needs to be done and shown on their plans. He could not understand with the parking lots and building being planned, how they determined where the water would run. It needs to be detained. He thought he remembered Jay Heavisides for Meridian Land Services mentioning two detention ponds at our last meeting; one where the stump dump was and one right near the road.

Diane responded that there is probably a plan in the back of someone's mind as to how to do storm water management in that area, but it is not addressed in the plans.

The commission could recommend the area be reclaimed to its original state or to have mitigation done with a detention area to compensate for the filling area and a plan for drainage.

Pierce commented in the site plan review under subdivision regulations, the town requires that off-site runoff levels be the same as pre-development levels, and the commission could require the same in our recommendations. Diane responded that it is appropriate for the commission to address this issue for it was a wetlands impact. The Planning Board addresses impermeable surfaces added to the land and they need to compensate for that but we are looking at a wetlands impact that the commission should address.

Pierce wondered what time frame has been established for Hampshire Hills to start work. Diane responded that they wish to have their preliminary Stabilization Plan accepted for their timetable to implement their Planting Plan is between August 15 and September 15, 1999.

Pierce felt it was very hard to know what recommendation to make due to the uncertainty of the original state of the area. It seemed to him that if they removed some of the stumps, graded it, removed as much fill as reasonably can be cleared, it may return to its original state. Can it be reclaimed without further damage to the wetlands was a concern of the members.

Rodney wondered if the commission's policy should be mitigation; that when an event happens in the wetlands, mitigation is our recommendation to equate a balance. This will probably be addressed by our Policy & Procedure Committee.

It was agreed by members present that the commission should send a letter to the Wetlands Bureau with the recommendation the area be restored; that is, a Stabilization Plan instituted and maintained over the time frame it is in place and then restoration of the area. In general; stabilize, maintain and reclaim is the consensus of the Conservation Commission.

3. Aquifer Protection Ordinance : Status:

Pierce was asked if he was ready to have a meeting with other interested parties at a Work Session for a review of ordinance detail. He responded he was and passed out an ordinance informational sheet to members. He requested members to review the handout and forward any comments and/or suggestions to him by e-mail. Pierce would like to submit recommendations to the Planning Board as soon as possible to allow them time to fit it into their upcoming schedule. This will be an agenda item for the next Work Session on August 26,1999.

Pierce Rigrod also requested the commission to send a memo to the Planning Board requesting an advance copy of the recommendations from NRPC on how to modify our ordinance to protect ground water. The commission should review the recommendations.

NEW BUSINESS:

1. Trails Committee :

Last October we discussed soliciting the public for a committee to deal with trails and interface with us, or a commission's representative. At that time, we were primarily thinking about trails in the Town Forest. The Master Plan draft addresses the need to develop a town wide Master Plan Trail System with initial emphasis on obtaining trail corridors and usage rights along the Souhegan River. This portrays a fairly large project and shows the need for the commission to get the public involved in this comprehensive trail plan for the whole town. It is hoped to have a public committee, affiliated with the commission, with their primary focus "trails". Diane would like to advertise for a public meeting in September 1999. The commission agreed to this approach a year ago, but time constraints had prevented the advertising and public meeting to establish a committee. With the trails included in the master plan, and the Open Space committee looking at a zoning overlay requiring open space in subdivisions; a proposed trail system on a map would aid the Planning Board in reviewing a subdivision plan with open space and allow them to keep a trail corridor open.

Bob Walsh has been doing a lot of work laying out unofficial trails in town. Diane requested a meeting with Bob to put together a trail map for the Open Space Committee; and determine what areas should be protected.

In soliciting public committees, Hub Seward suggested by e-mail that the commission might want to consider a "Streams Committee" composed of town resident with a commission liaison. The purpose of this committee would be for local residents who may have a stream (perennial or intermittent) on or near their property to monitor the conditions over a several year time frame to determine the quality and quantity of waters as well as research deeds and other documents which may contain traditional names of such streams.

2. Y2K Budget, Warrant Article, Land Fund Request :

The commission should start planning what type of Warrant Article is going to be submitted for our Land Fund. There were years we requested a percentage of the Land Use Change Tax be added to the land fund, and other years we requested specific dollar amounts. The commission needs to come to a consensus as to how we should proceed this year and request input from the Selectmen as to their position. The Selectmen are now looking at big ticket items that people absolutely have to have to function, such as a new fire truck, building, etc.

Rodney noted that by October 8th, we need to have our request in place, particularly if Hayward Farms (M7,L10) is going to be the commission's top priority objective. Pierce wondered if we could concede the marketability of the frontage of the Hayward property for its commercial value and hope to protect the back portion including the area by the Souhegan River. This could be a very practicable deal for the commission for the frontage is prime commercial or industrial land. If we could negotiate a deal where he could keep the frontage and we protect the back land, it could be desirable to all parties concerned.

There is a statement in the Master Plan draft that the Planning Board would like to encourage conservation easements and public purchase of land along the Souhegan River and significant brooks and streams and if the commission is willing to pursue this mission, it must have funds.

There was a general discussion by members on previous year's requests for Land Use Change Tax and the purpose statement of the legislature on Current Use Tax statute. Chris Guida expressed that asking for a percentage of the Land Use Change Tax may be more acceptable to residents than asking for a specific dollar amount. They will not see an immediate addition to their tax rate. Pierce agreed with this approach.

Diane suggested the commission consider a percentage of the Land Use Change Tax to maintain a balance of $100,000 in the Land Fund. She also mentioned the future of the Queen Quarry property (M47, L28). In the commission's May 4, 1998 memo to the Board of Selectmen in response to their request that the commission evaluate the property, the recommendations were:

"That the property be sold at its true market value. The proceeds from the sale of conservation land should be placed in the Conservation Land Fund for the purpose of protecting additional lands as outlined in our conservation plan".

"the commission recommends that while the property is in the control of the town, a conservation easement be placed on the land before it is sold. The easement should allow for the best "tax positive" use of the lot. Limiting the property to one single family home would be acceptable. The commission would like to be involved in the development of the easement".

If the Queen Quarry property was sold with the proceeds committed to the Land Fund, this would jump start the Land Fund and give us a base to fund. Last year the Budget Committee felt that our Land Fund should have sustaining balance of about $50,000 and that our request should be to replenish the fund to reflect that balance.

It was decided to include on the agenda for the September 9, 1999 meeting the "Current Use Allocation to Warrant Article" topic.

The September Work Session ( 9/23/99) will continue discussion on Land Protection, Purpose and Goals and Strategy.

3. Wetlands Protection District :

Diane asked members to include discussions on the Wetlands Protection District Ordinance at the same time as discussing the Aquifer Protection Ordinance. It needs to be reviewed, in particular, the wetlands buffers.

4. McLane Dam :

The commission set aside money for erosion control at McLane Dam in 1996 and Diane would like to use some of these reserved funds for a site plan of the area addressing access and erosion. After the trail is completed from Emerson Park to the Stage Festival along the river, the commission may want to go to the other side of town and do a trail on this property.

Hub Seward had the following comments on the erosion of McLane Dam in his e-mail to the commission: "that a trail from the swing bridge to the island could be a significant improvement to the downtown area similar to the trail under development near the post office and Emerson Park. If we ignore this a few more years, some very large pine trees may fall into the river along with a few cubic yards of silt."

She has received a quote from Meridian Land Services of $600 for a site plan with a 2 foot topo, and all located bounds and pipes. This is about one half of what they normally charge. In order to devise a plan for this area, we need to know what is currently there. Then with the site plan and the project described, we can apply for a Trail Grant.

Upon a motion made by Richard Medlyn, seconded by Bob Walsh, it was voted unanimously in the affirmative to spend $600 of the reserved $1500 for a site plan in expectation of eventually applying for a trail grant.

5. Members Comments : Brook Stream Naming - Medlyn /Woods Brook

On April 13, 1995 the Conservation Commission met with the abutters of the "Medlyn/Laurel" Brook to decide upon an official name. After discussion, the decision was made to name this brook, the "Medlyn/Woods Brook in honor of several Medlyn families abutting the brook as well as that of Pauline Woods who also abuts the brook. On May 1,1995, the Board of Selectmen approved the naming of this brook as "Medlyn/Woods Brook.

The commission had determined the Town of Milford should start naming brooks and streams to recognize their significance thus, when development is planned along a named brook it is important to those reviewing the site plan. This stream naming was the first one in a process of trying to name all the brooks and streams.

Part of the process requires a history of the people/persons for which the brook or stream is being named. Dick Medlyn submitted a family history at this meeting to complete the process on naming this brook.

6. Recycling Committee :

Pierce never received an answer back on the next scheduled meeting of the Recycling Committee and wondered what the status of the committee is at present. The Selectmen are dealing with the issue of hauling which covers recycling and separation of commercial and residential waste. He is very interested in being part of the Recycling Committee.

7. Hartshorn Pond :

Update: Diane informed the members that a complaint has been filed with the Wetlands Bureau with the needed documents and pictures. This violation was observed by an inspector looking at aerial photographs of the Brox Property who noticed a gravel removal site that was not registered. The state then inspected the site and the State Inspector reported this wetlands violation to the town.

There being no further business to come before this meeting, the meeting was adjourned at 9:17 P.M. .

There will be a Work Session held by the Conservation Commission on August 26, 1999 at 7:00 P.M. in the DPW Meeting Room in the Town Hall.

The next regular meeting of the Conservation Commission will be held on September 9, 1999 in the Selectmen Meeting Room at 7:00 pm.

Approval of Minutes:
  1. Upon a motion made by Richard Medlyn, seconded by Pierce Rigrod, it was voted unanimously in the affirmative by members present to accept the minutes of August 12, 1999.
  2. Upon a motion made by Pierce Rigrod, seconded by Richard Medlyn, it was voted unanimously in the affirmative by members present to accept the minutes of the August 26, 1999 Work Session.

Information Item:
The Selectmen have approved and accepted The Milford Conservation By-laws. All copies of the By-laws will carry the applicable effective date of August 1999.

APPOINTMENT: 7:30 P.M. Jim Casey, Merrimack, N. H. & Hugh Barrett, Keene, N. H.

Proposed Hayward Farm Golf Course

Hugh Barrett was contacted by Charles Hayward to inquire if he was interested in reviving the golf course project on his land. Hugh designed the Bretwood Golf Course in Keene which is considered one of New Hampshire's top five golf courses and the annual site of the New Hampshire Open. Although Mr. Hayward would like to preserve his land for farming which does not seem feasible at present, he feels a golf course is the next best use of his land. Upon this request, Hugh and Jim Casey reviewed all previous permit applications and confirmed they have all expired, those with the town and the state. The process will have to start again although there is a lot of information from the previously proposed golf course project. They are attending this meeting to solicit comments and concerns the commission may have with this proposed project. Hugh Barrett presented to members a new site plan of the project and a copy of the site plan approved by the Planning Board in 1989. The new site plan reflects the same 18 greens and 18 tees showing a 50 feet buffer along the river. Overall, Hugh felt the property was small for a golf course. The members questioned what type of vegetation and trees are now established along the river. Hugh responded that the area has to be re-delineated for the site has changed. Upland, they would like to build a lake but if there are wetlands in the area, a pond could be built on the other side of it. It is their intention to make the area an attractive spot for everyone in the Town of Milford.

Pierce asked Hugh what the amount difference in the application of fertilizers would be versus the amount homeowners may use on their lawns. Hugh responded that a golf course is fertilized three times a year, but there are also applications of pesticides and fungicides not used by a homeowner. This had been addressed in the previous permit applications and Ted Bishop submitted a Pest Management Program which had been approved. The site has a good loam base, the organic matter being the biggest factor for a successful golf course.

Members were polled for their comments. It was the conclusion of members that they would like to see this site kept as farmland, but if that is not feasible, then a golf course would be a viable alternative. It was important that the soil was not going to be removed; but the loss of access to the river by the public was a concern. They would like to review new regulations applicable to the project including the Comprehensive Shoreland Protection Act regulations, for a buffer of 25 feet along the river is worrisome. Members would also like to have a buffer established for non use of pesticides.

The commission thanked the applicants for their early appointment to solicit comments on the proposed project.

UNFINISHED BUSINESS

1. Warrant Article, Land Fund Money

Members were asked for their suggestions on the commission's Warrant Articles for the upcoming ballot for year 2000; in particular, how will we address money for the Land Fund and encourage the Selectmen to support our request.

Diane had a meeting with Selectmen Peter Leishman last week to discuss a ways to solicit the Selectmen's support for Land Fund money. He felt the commission needed to submit a project or acquisition plan. Diane explained that the commission has found that without knowing yearly funding was established, it is very difficult to conduct the whole process of acquisition identification, landowner discussions, site reviews etc. The needed process make it almost impossible to specify a particular land acquisition. The commission is aware if there was a particular acquisition that had been through the process, we could approach the selectmen with a request for a specific dollar amount. It was then suggested the commission have a definite focus; one that the townspeople supported and felt was worthwhile. The Selectmen could then support putting money into the land fund on the focus basis.

In light of the 1999 Master Plan Update recommendation that the commission look to establish a town-wide trail system, with initial emphasis on obtaining trail corridors and usage rights along the Souhegan River, this could be a possible concentrate. The commission could request funds to focus on the Souhegan River with land protection on both sides and a town-wide trail system. The interest in the Souhegan River is high right now while it is going through the nomination process.

Another method is to request a dollar amount from the Land Use Change Fund. The dollar amount would bring the land fund balance up to $50,000 after every town meeting. In order to present this, two warrant articles will be needed. One to create a fund for the Land Use Change Fund moneys and one to allow the Selectmen to appropriate an amount to the Conservation Land Fund. We will need to ask advice from the Town Counsel on the actual wording needed to submit the Warrant Articles and clarify the intention of the articles.

Bob Walsh felt the members should look at this $50,000 Land Fund balance request as seed money to fund projects. As unexpected opportunities arise, our track record with the seed money would encourage the selectmen to support us with increased funding.

Diane informed members that in conjunction with this discussion, there is going to be a meeting Monday, September 13, 1999 at 6:30 P.M. in the Board of Selectmen's Meeting Room between the Planning Board, Conservation Commission and the Board of Selectmen. The purpose of this meeting is to discuss issues of growth, the impact upon the community as a whole and to define a course of action to deal with these issues. All members are encouraged to attend this meeting. It is an opportunity for the commission to explain our interaction with other town boards and departments.

Discussions will continue on the Warrant Articles at our next meeting.

2. Aquifer Protection Ordinance - Amendment Recommendations

Pierce Rigrod presented a summary report of recommendations to the members. The main issue being that Milford currently has a broad and vague way of determining how much preexisting nonconforming uses can expand, even uses prohibited in the Aquifer District. We have an ordinance that allows for a lot of expansion. Also, there is the issue of the impact of impervious surfaces. According to the Town of Milford's Zoning Ordinance, if the industrial/commercial area was developed to capacity over the aquifer, it would have 70% impervious surfaces. Bob Walsh questioned as to how impervious surfaces affect our water quality; if the surface is impervious then there is nothing going down into the soil, and if nothing is going down how is it affecting the water quality? Pierce responded it depends on what is being used on top of the impervious surface, in terms of what washes off from the impervious surfaces going into natural water systems with elevated bacteria levels and increased water temperature. He then summarized a Pennichuck Watershed Management Study which stated they are having a difficult time managing their water supply because their impervious surfaces are becoming greater and greater. The point is the Town of Milford's water supply is currently unusable but will become usable in the future. The town needs to be aware of the impact of impervious surfaces.

Recommended Aquifer Protection Warrant Article:

6.019 Nonconforming Uses: Expansion of nonconforming uses within this District shall be required to obtain a variance from the Board of Adjustment if such expansion does not meet all of the following conditions:

1. Expansions shall not be made to any structures as measured by the building's footprint, unless required to allow better use or access to the nonconforming use.
2. Expansions shall not result in more than a ten-percent (10%) increase in the current gross impervious surface area of the lot.
3. Nonconforming uses wishing to expand can not be a prohibited use in this District or a potential contamination source (PCS) as defined in RSA 485-C:7.

6.020 Maximum Site Coverage: The purpose of this section is to allow for uninterrupted and clean water to recharge the town's aquifers to allow for continued use of the town's groundwater resources.
Within the Aquifer Protection District, no more than twenty percent (20%) of a lot may be rendered impervious to groundwater infiltration.
Maximum impervious site coverage may exceed twenty percent (20%) provided that the following performance standards are met and plans are approved by the Planning Board or its designated agent:

1. The developer shall submit a stormwater drainage plan. Such a plan shall provide for the retention and percolation of all "development generated" stormwater runoff from a twenty five (25) year storm event, such that the post-development discharge volume to the aquifer is equal to the pre-development discharge to the aquifer. Furthermore, the stormwater drainage plan shall provide best management practices and methods for the removal of salts, oil, gasoline or other identifiable pollutant from urban (development generated) runoff prior to retention and percolation of the runoff.
2. Stormwater management practices shall follow the reference manual and be presented to the town as part of a final development plan to the Planning Board. A copy shall be provided to the Conservation Commission for comment within fifteen (15) days prior to the presentation to the Planning Board.
3. All runoff from impervious surfaces shall recharge directly from the lot to the aquifer and shall be treated or filtered prior to recharge (discharge) into the aquifer according to the reference manual standards that are deemed appropriate by the Planning Board or it agent, for the nature and extent of the treatment.
4. In no case shall the total impervious surface for any lot developed in this district exceed forty (40%) percent.

Kevin Lynch, Building Inspector, questioned the proposed maximum of 40% impervious surface with the town's requirement that 30% be dedicated to Open Space; asking if the open space requirement is pervious or impervious? At present, there is not a clear definition for the town's Open Space requirement. Other towns use the term "Green Space" and there is a difference in the definition. The town needs a clear definition of Open Space. In commercial/ industrial areas in particular, is the town looking for Open Space or Green Space? He suggested there may need to be an incentive if developers would like to exceed the 40% and that incentive could be treatment of runoff. It is his suggestion that all runoff should be treated on site not necessarily percolated on the site. Also, the town has parking ordinance determined by the size of the building. These need to be reviewed to realistically see if the parking requirement should be reduced.

It was agreed by members that the commission would like to see some attention paid to water quality. At present, we are depending on water from out of town.

Richard Medlyn commented that he agreed that 40% may put a hardship on those landowners that have not developed their land, but we need to protect what is presently here and save the aquifer.

Diane commented that the commission's job is to protect the resources for the use of the people living in Milford. If we feel that not recommending these amendments will put the town's water supply at risk, we are obligated to recommend these amendments.

It was agreed to make an appointment with the Planning Board to present our recommendations with supporting documentation on the amendments to the Aquifer Protection Ordinance.

Members thanked Pierce for his research and an excellent presentation.

NEW BUSINESS

1. Wetland Conservation District
Diane informed members this Ordinance had been rewritten to include proposed recommendations from the commission.

Judy Gross wondered who was the audience of this ordinance and how it was used.

Diane updated the members that in the master plan it was requested the Conservation Commission review the Wetland Conservation District Ordinance for it was not clear as to what is allowed and what is not allowed. The main reader is Kevin Lynch, the Code Enforcement Officer as well as the Planning Board and the Zoning Board of Adjustment. The citizens of the town are required to adhere to the ordinance, but it is interpreted for them by the Planning Department and Code Enforcement Officer. The Zoning Board of Adjustment will use the ordinance when they are deciding issues warranting Special Exceptions. Diane requested member to critique the new recommended revisions in Section 6.023.

1. Item 3: the location of the Wetlands Protection District. There is a recommended 75ft buffer on a specific type of wetlands, marshes and bogs The Wetlands Bureau specifically refers to marshes and bogs as being top priorities as they are rare and once degraded are very hard to retrieve. Considering their important evaluation by the Wetlands Bureau as special wetlands, they should have a larger buffer.
2. Osgood Pond and the Souhegan River have been moved into the town's 50ft buffer. Presently, these are not covered by the town's buffer only the Comprehensive Shoreland Protection Act.
3. Under "Those Disturbances Not Requiring a Permit" is a potable water supply well. In our previous regulations, disturbing the buffer to put in a line to the well that is allowed under the regulation is not allowed. This has been revised to add "potable water supply wells are allowed and their associated water and power line provided there is repair to any disturbance".

Diane polled the members for any comments.

In response, Hub Seward asked that the following additions and clarifications be considered.

(a) Section 6.023 F - Location of Water Bodies. The water bodies whose 50 foot buffers are protected by the ordinance are defined differently than they appear on the current USGS topo map. The current ordinance corrects at least two known errors in the USGS map (Ox Brook and Great Brook) and defines a start and stop point for theprotected portion of each stream. The corrections need to be written into the ordinance until such time as the USGS issues a corrected map. If the intent is to change other stream limits, I think we should compare the current and proposed definitions to evaluate the impact of each change. Also, with no defined start point, it will be necessary to define which of the upstream tributaries (if any) is to be protected. So added to the draft.

(b) A request that the definition of Peatland be included in the Definition Section and That "Peatlands" should not appear in the ordinance until a definition be included. Diane responded that the Wetland Bureau is curtailing the use of the word "bog" and will instead use "Peatlands". Peatlands is more descriptive as they are rare. You can have a Peatlands that is not a bog. As of this time, they have not offered a definition on "Peatlands".

(c) Section 6.025D Projects Not Requiring a Permit. "The structure has been abandoned "- defined as a five year period of nonuse. Non conforming use defines abandoned as one year, and forfeits the use. ZBA has made this determination. Diane responded the commission could present an abandonment provision of one year to the Planning Board with an explanation of the Wetlands definition of five years if members agreed.

(d) Section 6.025 A4 -b Requires dredged material are to placed out of the wetlands, should this also state "out of the buffer"? So added to the draft.

(e) Section 6.027A2 - Criteria for Evaluation - "The alternative proposed", change the wording to say " The plan proposed is the alternative with the least impact to the wetlands, surface water and or their associated buffers'. So added to the draft.

Chris Guida suggested the recommendations should include a building setback of 25 ft from the wetlands buffer excluding sheds, etc. The Town of Brookline has just approved a 50ft building setback from wetlands and Chris felt this was reasonable. Hub noted the draft doesn't explicitly address structures either in the disturbances requiring a permit or those disturbance that do not require a permit. This requires more research and will be presented to members at the next meeting.

2. Members Education, Tuition Reimbursement
The commission has an education budget of $975.00 for staff training and development. Pierce requested the members to consider funding 1/2 of a chemistry class that he is now attending. It is not directly related to his duties on the commission, but will benefit the commission.

Members felt that this was a personal development course he was taking and questioned what percentage of the course (and tuition fee) was directly related to his work on the commission. It did benefit his job performance but at this time due to the timing, his employer will not reimburse him for the course.

Richard Medlyn felt at least 1/3 of the course benefited his job, 1/3 was for personal development and possibly 1/3 added to his expertise on the commission.

Upon a motion by Richard Medlyn that the commission reimburse Pierce Rigrod 1/3 of the tuition cost, a general discussion by members questioned what policies we have regarding members education, and where do we draw the line as to what benefits the commission and what is personal development. The overall consensus of the members was that by approving this request, the commission would set a precedent without guidelines. It makes it very difficult in the future for the commission to decide what is directly related, fair and reasonable.

Pierce felt this class did benefit both the commission and his employer. He believed there are going to be courses offered to members that may or may not relate directly to a member's duties, and wondered if the members wanted to have a discussion on such educational policies.

Diane felt it was necessary to have a discussion on the continuing education policies of the commission, for we should encourage members to have continuing education to be effective and valuable to the commission. Whether a general chemistry class fits into this category is up to the members to decide.

Richard Medlyn withdrew his motion upon a request by Pierce Rigrod. Pierce felt the issues being discussed are ones he had not considered.

Diane reminded members that this discussion will be come up again when preparing the budget for the year 2000 as well as defining the commission education policy in the new P&P Manual.

3. Benches, Bicentennial Park :
The benches at Bicentennial Park are in serious disrepair and DPW has inquired if we are interested in replacing them. We have previously purchased benches for several areas and they thought this might be a focus of the commission. It was agreed by members that we are willing to entertain the idea of funding the benches and installation but would like DPW to advise us of the type of benches they would prefer and the total cost. The office will send a memo to Doug Starr for further information.

4. Scanning Past Minutes:
With our scanner now installed and working, the archiving project should proceed; the scanning of minutes into a database. The assistant does not have the time to proceed on this project and it might be advisable to hire a high school student for a few hours a week. Chris Costantino volunteered a few hours a week to help on this project. Due to time limitations at this meeting, further discussion of this project will be discussed at the next meeting.

5. Request:
Diane requested an approval from members to purchase a 17" Monitor for our new computer. It was agreed by member that a monitor should be purchased for the new system for no more than $500.00.

There being no further business to come before this meeting, the meeting was adjourned at 10:30 P.M.
There will be a Conservation Commission Work Session on September 23, 1999 at 7:00 P.M. in the DPW Meeting Room in the Town Hall.

The next regular monthly meeting of the Conservation Commission will be held on October 14, 1999 in the Selectmen Meeting Room at 7:00 P.M.

Respectfully submitted by: Patricia A. Greene, Const. Ass't

Approval of Minutes: Upon a motion by Dick Medlyn, seconded by Bob Walsh, the minutes of the September 9, 1999 meeting were unanimously approved by the members present.

UNFINISHED BUSINESS

1. Bicentennial Park Benches

Upon amended motion by Bob, seconded by Rodney, approved unanimously by the member;the Commission will purchase for the sum of $1094, two benches selected by the Public Works Department for the Bicentennial Park. The Public Works will buy and attach a plaque, with the lettering "Provided by the Milford Conservation Commission", to each bench.

2. Budget /Warrants

Members were provided with a draft of the warrant articles for the 2000 Town Meeting. Article 10 is worded directly from the RSA. Article 11 is written for the purpose of bringing the land fund up to $50,000. The last line of the warrant article should be changed to say that there will be no tax impact for the year 2000. The budget is much the same as last year's budget It has already been submitted. The only addition is a request for an office phone.

3. Johnson Easement

The land has been surveyed by Meridian Land Services. Diane requests that another member/s assume responsibility for pursuing this easement, as she shares a 1200' border with the property owner. Rodney and Pierce will continue to work with Celia Cerulli-Johnson Pashe, making sure that she understands the changes which Town Counsel Drescher has made. The easement will be to the Town and to the Nichols Smith Land Trust

4. Zoning Ordinance Change Recommendations

This will be the subject of the C.C. work session on Oct. 28. The recommendations need to be presented to the Planning Board again, once the members have had a chance to look over Pierce's proposed changes.

5. Scanning Project

Diane will see about finding an interested High School student to work on scanning past minutes into the computer.

NEW BUSINESS

1. LCIP Tucker Brook
Bob will assist Diane to update the LCIP plan once the form arrives.

2. Rt. 101 Corridor Study
The study is available in the office for the members' perusal. Diane will notify members of upcoming public hearings for the study.

3. Beaver Brook Association
Pierce will e-mail Diane with suggestions for classes to be offered by the BBA. Bob and Chris liked the Natural Resource courses that were offered a few years ago.

4. NHACC Annual Meeting
Attending: Diane, Pierce, Rodney. Not Attending: Chris C., Chris G., Dick, Bob

5. Patricia
Diane and Judy will purchase a gift for Pat Greene, from money collected from the members present.

6. Golf Course, M7/10
The Hayward Farms golf course project will be presented to the Planning Board on October 19.

COMMITTEE REPORTS

1. Milford Trails
Bob reported that there have been two meetings to date, with the next meeting scheduled for Oct. 20. This meeting will be followed by monthly meetings, but no regular date has been established. So far the group has been getting oriented to the project. At the next meeting, the town will be divided into 6 sections, each one being assigned to a Milford Trails committee member. Each member will evaluate the condition of the trails and their relationship to an existing or proposed trail corridor. The existing corridors are along the powerlines, along the railroad beds, and along the Souhegan River. In January/February, the trails group will seek to identify ownership of the properties along the corridors, and then prepare a brochure to provide to these landowners to educate them about the importance of these corridors and how they can best be protected. Eventually, Bob will submit another article to the Cabinet to update the town on the progress of the trails group and hopefully encourage more residents to get involved.

2. Open Space
The open space binder, in a teal cover, is in the office. Diane will notify members of upcoming public hearings to discuss the adoption of the Open Space Zoning Overlay Ordinance.

3. Policy & Procedure
Judy passed out an overview of the outline for the new P&P manual. The members discussed the italicized sections, which are additions to the existing manual. Members should review the remaining sections at home, to be briefly discussed and voted on at the next meeting. Judy hopes to take a chapter a month, so that this manual will be completed in a timely manner.
Changes at the meeting were:

• "Full members" in the attendance section.
  
• The Selectmen will receive a recommendation from the commission to remove a member from the commission. The Commission doesn't have the authority to remove a member from the Commission in the "Removal from Office" section.
  
• Administrative Assistant section will be moved to the Office chapter.

The meeting was adjourned at 8:56PM.
There will be a Conservation Commission Work Session on Oct. 28, 1999 at 7:00 in the DPW Meeting Room in the Town Hall.

The next regular monthly meeting of the Conservation Commission will be held on November 11, 1999 in the Selectmen Meeting Room at 7:00.

MINUTES: Upon a motion made by Rod Dellafelice and seconded by Bob Walsh, the minutes of the October 14, 1999 meeting were unanimously approved and signed by the members present.

INFORMATION ITEMS: Mail-in post cards, supporting the work of the Land and Community Heritage work, were passed out. Financial statements were handed out by Diane.

APPOINTMENT: Doug Starr, DPW Director

SIGNS FOR PARKS IN TOWN
Doug asked for the support of the Conservation Commission for a project involving building and erecting signs in a number of parks in town. DPW will build the signs, which would consist of pressure treated wood frames and Lucite windows . The commission was asked for its support for materials, support for obtaining Board of Selectmen's blessings, and suggestions for locations. Information on natural resources could also be provided by the commission, as suggested by Diane. A motion was made by Dick to support kiosks in all the parks, seconded by Chris, and the vote was unanimous to approve the motion.
Judy asked about the status of the RIVER WALK.(SOUHEGAN RIVER TRAIL - URBAN SECTION - phase 1) Doug replied that he hoped that in Nov. and Dec. the area would be cleared and gravel work started. Diane mentioned that we have a state grant for this trail for reimbursement of money spent on materials, if we supply the labor. We need a meeting to set up a schedule. (The term of this grant is until Sept. 30, 2001)
Bob started discussion on RAILROAD TRAILS. We'd like to cross dam on Great Brook behind the DPW garage and have a small picnic area on the west side of the brook. When the commission gets closer to deciding more of what they want, they and DPW can go over it. The trail has been cleared but needs heavier chain-saw work. Doug offered DPW help.
Diane mentioned FIELDS in the HITCHINER TOWN FOREST that need brush cleared and mowing. There is money in the Town Forest Fund, but can DPW do it? She and Chris C. would like to go out next week with someone from DPW and look at it.
It was decided that the Conservation Commission will ask the Board of Selectmen to support the SIGN PROJECT. Doug said that before our Dec. meeting, he would write back with a plan and a list of parks, so that "before the snow flies", the park names and locations will be decided upon and presented to the selectmen. A suggestion was made that publicity in town and high school involvement may result in less vandalism.

UNFINISHED BUSINESS

1. POLICY AND PROCEDURE, Final Draft

MEMBERSHIP
The commission reviewed the final draft of the Membership section of the Policy and Procedure Manual, being written by the committee made up of Judy, Hub, and Diane. Discussion and changes were as follows:
1. Under "Chair", under "duties" is added "as well as to further the will of the membership".
2. Under "Vice-Chair", Rod felt that a mechanism was needed by which the vice-chair may take over at a time when the chair is present. The sentence "Under special circumstances, the vice-chair can perform the duties of the chair." was added.
Rod made a motion that we accept these changes #1 and#2 and Chris seconded. The vote was unanimous in favor. There will be one final review before going to the Selectmen for their approval.

MEETINGS
The Meetings section of the Policy and Procedure Manual was handed out to the members to look over. Chris brought up a question about the appointment schedule. Should something be put in stating that people can come to the meetings without scheduling an appointment? Should it be put under appointment scheduling or under agenda? After discussion, Diane suggested that the members e-mail suggestions to Diane and Judy, to allow them to look at this and get everyone's input over the next week or two. "Meeting" will be an agenda item at the next meeting.

2. WETLANDS CONSERVATION DISTRICT - Final Draft

The final draft of the Wetland Conservation District portion of the Zoning Ordinance will be presented by Diane to the Planning Board in a Nov. 30 meeting. Changes were discussed and decided upon as follows:
6.021 B. (line 20) - Throughout the document it was decided that the word "uses" would be used instead of "projects"
6.023 (line 80) LOCATION - It was considered to be inconsistent to discuss disturbances in the buffer under a location category. Hub will come up with different wording before the end of the month.
6.024 (line156) DEFINITIONS - "edge of wet" was added to the definition of banks.
6.025 B 3. (line 239) - A recommended size limit on decks was added.
6.025 B 6 (line 250) - The reference to conservation areas was eliminated.
6.027 A. (Line 284) - "Special exception" was used to replace "permit", in that "permit" was considered to be too general.

3. BICENTENNIAL PARK BENCHES

The benches for Bicentenial Park have been ordered and will be installed in the spring. Dick Medlyn volunteered to order, purchase, and install plaques for both benches that will say "Provided by the Milford Conservation Commission.

At 8:35 there were no longer 4 members present and the meeting was adjourned due to lack of a quorum.

The next regular meeting of the Conservation Commission will be held on December 9, 1999 in the Selectmen Meeting Room at 7:00 pm.

1. MINUTES: Upon a motion made by Rod and seconded by Chris C., the minutes of the Nov. 11, 1999 minutes were accepted as presented.

UNFINISHED BUSINESS:

1. POLICY AND PROCEDURE, Final Draft - MEMBERSHIP Chris C. made a motion to accept the Membership Chapter of the Policy and Procedure Manual and to acknowledge the work done. Dick Medlyn seconded. The motion was unanimously accepted.

2. POLICY AND PROCEDURE - MEETINGS
   Rod raised some questions about wording in some areas of the chapter as follows: Under Regularly Scheduled Meetings:
   
   1. Appointment scheduling:
      "Appointment requests will be accepted up to ..". Discussion followed about when to schedule appointments and when to post agenda. If agenda is posted 24 hours before a meeting and appointments can also be scheduled 24 hours before a meeting, there exists a possibility of people appearing before the commission without being on the agenda. (not on the mailed agenda). While the group wants to be "user friendly", there also exists concern that abutters of property being discussed may not be notified. There is concern that people may come in with incomplete or out-of date plans and/or that the commission might not have enough lead time to look at the plan and take a site walk if desired. The plan can be tabled and discussed and/or decided upon at the next meeting. Diane pointed out that one of the purposes of the commission is to inform people regarding conservation issues. We need to be firm that we are not approving plans. The commission can direct people before plans have been made up. The point at which people are seen by the commission has not really been decided upon and was discussed. Further discussion can take place when the chapter in the P&P manual regarding interaction with other boards is drawn up. Notification of abutters and interested parties was discussed. How to define who would be notified and when and how they would be notified (postcards) need to be decided upon. Discussion concerning voting and public attendance on site walks also occurred. Decisions are not made on site walks and votes are not taken.
   2. Voting: Nothing is said about a quorum. It is in "Membership" chapter. Nothing is said about the Chair voting. It was decided that because there is no wording regarding the chair's voting, the chair is allowed to choose whether or not he or she votes on an issue and that he/she is a regular member at that time. The members were happy with this wording and decided to leave it as is.
   3. Meeting Minutes: The fact that this section is under the Regularly Scheduled Meetings section will be mentioned again to avoid confusion. (It appears that minutes have to be recorded for all meetings, not just regularly scheduled meetings, because the wording is far away from the heading.). It was decided to leave the requirement for names and addresses of abutters present in the Dredge & Fill applications section. It was suggested that the words "The minutes will not include minor spelling or grammar corrections" be changed to, "The amendments to the minutes will not be made to further correction of minor spelling or grammar errors."
   4. Under Site Walks.
      1. It should be added that it is required that owner's permission be obtained..
      2. Word "recommendations" should be changed to "thoughts and concerns".
      3. Words "motions, votes" should be left out, because members felt that motions and votes should not be taken at a site walk even if a quorum is present. Word "recommendations" should be changed to "recording of thoughts and concerns."
   5. Under Work Sessions and Committee Meetings:
      Rod was concerned that committee meetings would have to be held only at the Town Hall. Dick stated that if you have a quorum present, then you must be at the Town Hall and the public invited. If there is less than a quorum present the meeting can be private and held where you want. Site walks are posted and the public is invited, (to at least see members before and after entering property). Rod felt that there is no clear wording in the chapter on whether small meetings must be posted and where they may be held. Work sessions should be held at the Town Hall. Dick stated that the Right to Know Law states that you must post a meeting but you are not required to have it at the Town Hall., but that it probably is a good idea. It should be spelled out that a committee meeting does not have to be posted even if there is a quorum present as long as no final decisions are made and all the information is brought back to a regular members meeting. After discussion regarding this paragraph, it was decided that Work Sessions would fall under these requirements, but that Committee Meetings may not. Diane will look into the statues to clarify. The location requirements and notification requirements of committee meetings should be spelled out.
   6. Under Public Hearings
      • Meeting attendance "sounds again like we are taking attendance",(referring to the fact that name and addresses of abutters are recorded for appointments for Dredge and Fill in regularly scheduled meeting minutes.)
      • Public comment- prefer 5 or 10 minutes per speaker? RSA's will be looked at. Under Non-Public Sessions
      • Are minutes required? And to what degree? You may be only required to record motions and votes. These requirements should be clear for all types of meetings. Hub suggested adding a few words and then referring to Right To Know Law.

   It was decided that Judy should be informed of these and other concerns and objectives of the commission regarding this chapter and that the committee will come up with wording. The next committee meeting is Jan 12 at 9AM and members of the commission can attend to help with the wording, if they'd like. People can e-mail or phone call with suggestion also. The chapter can be voted on at the next meeting.

NEW BUSINESS:

1. POLICY & PROCEDURE - First Draft - OFFICE PROCEDURES
   Chris C. made a motion to accept the Office Procedures chapter of the Policy and Procedure Manual. Rod seconded and the vote was unanimous in favor. When the 3 chapters, Membership, Meetings, and Office have all been approved by the commission, they will be presented to the Board of Selectmen.

2. 10 RULES OF THE COMMISSION: When the meeting chapter of the new manual is completed, the members will be asked to "unadopt" these rules`. They are currently in Ch. 1, page 4a and4b of Members Red Information Handbook

3. YEAR 2000 - SHORT TERM GOALS:
   Diane handed out a list of short and long-term goals of the MCC and asked if anyone had any ideas from this list or another idea that they would like to see accomplished next year. This list had been created by the group that was working on the mission statement. Dick mentioned that Beaver Brook would love to expand their education programs into Milford on Burns/Holland property. Trustees are willing to undertake a project in Milford and are willing to raise money toward that end. Input regarding projects (kiosks, pagodas, etc.) is needed from MCC. From this discussion came the conclusion that EDUCATION would be a good focus for next year, and that at the next meeting the members can come up with some goals.

4. CONCOMM WEB PAGE CONTENTS UPDATE: Diane showed members an example of meeting minutes that are currently entered onto the Town's intranet and are set up as a web page. They include links to related subjects and past months, etc.

5. KYLE FLANERY - CONSIDERATION FOR NEW MEMBER STATUS:
   Pierce made a motion that the Commission recommend to the Board of Selectmen that Kyle Flanery be accepted as an alternate member of the Conservation Commission. Rod seconded and the vote was unanimous in favor.
   Dick made a motion to recommend to the Board of Selectmen that Pierce Rigrod be accepted as a full member of the Conservation Commission. Chris C. seconded and the vote was unanimous in favor.

6. LAND AND NATIONAL HERITAGE COMMISSION - TOWN WARRANT ARTICLE
   MCC has been asked to recommend to the Board of Selectmen that a warrant article be put on the ballot stating: "To see of the town will vote to send the following resolution to the New Hampshire General Court: Resolved New Hampshire's natural, cultural and historic resources in this town and throughout the state are worthy of protection and, therefore, the State of New Hampshire should establish and fund a permanent public/private partnership for the voluntary conservation of these important resources." The members unanimously agreed that the commission will recommend to the Selectmen that this warrant article be included.

7. CONCOMM BUDGET
   A copy of the Operating Budget and Concomm Funds as of 12/8/99 was handed out to the members.

COMMITTEE REPORTS:

1. Milford Trails Committee- Bob Walsh The committee has formulated a 'master plan'. They feel that to generate enthusiasm and support they need something more than trail segments scattered about town, the plan is to start every trail at the Oval and have a 'destination', Monson Center, Purgatory Falls, Amherst Village, Sheldrick Forest,
2. Open Space Zoning Overlay - Diane The Planning Board was presented the Open Space Ordinance at their last 2 meetings, except for minor changes they have accepted the Ordinance for inclusion on the Warrant. There will be 3 public hearings on all the proposed zoning changes (Wetlands, Telecommunications, Adult Entertainment) Jan 4, 11 & 18, 6:30, BOS meeting room.
3. Policy & Procedure- Judy Gross Please read the 'Meeting' section of the Manual, this was passed out at the last meeting. Also if there is anything you would like to discuss in the 'Member" section, be prepared with comments. Anyone who has the time to Email all of us with your thoughts, please do. Everyone should receive an Email of the first draft of the 'Office' section of the manual. Most members are not involved directly in the office management but we would be happy to hear your comments on this section.
4. Beaver Brook Association- Dick Medlyn Carl Holland has broken his other hip and is in the hospital, Beaver Brook will keep us update on his condition.
5. Wellhead Protection- John Biershenk (Diane) The grant NRPC had to help us set up the wellhead protection committee and get the health ordinance written and accepted by BOS is over. The ordinance has been adopted, the committee, however, was not trained. I will check into this with Betsey at NRPC, this should happen so the committee can assist Kevin in this area.
6. Easements- Rodney DellaFelice Rodney met with Diane and Chris C. on Sunday, Dec 4, to review the easement. The whole process was started in the fall of '97 but the land owner has yet to decide on the bounds of the easement!
7. Ordinance amendments- Pierce
   Aquifer Protection (Diane) I presented our suggested change to the ordinance. The PB expressed concern for the water quality and they are very interested in some regulation changes. The following are suggestions they gave me when they sent the draft back to our 'drawing board': rather than looking at each lot individually, take into account the entire aquifer, 40% per lot is not acceptable, how about an impact fee for every lot developing in excess of 40% to be used to protect targeted areas within the aquifer area, we are in need of upgrading the stormwater management regulations, please look at the whole town not just the aquifer area, contamination and poor stormwater management can happen anywhere in town. Why just deal with expansions to prohibited uses, why not all non-conforming uses? What is the state recommending, we know they are becoming increasingly concerned about water quality. Time is too short this year for a comprehensive plan to be ready. Note: there will be one more work session where the board will take a final look at zoning changes, Dec 14, 6:30
8. Wetland Protection: the Planning Board received the first presentation of this ordinance, will read it more carefully and have further questions and comments on Dec 14th, they liked what they heard so far.

There being no further business to come before this meeting, the meeting was adjourned at 9:00 PM

The next regular meeting of the Conservation Commission is scheduled for Thursday, January 13, 2000 at 7pm in the Board of Selectmen's Room in the Town Hall.