The public meeting of the Milford Conservation Commission was called to order by the Vice-Chair, Hub Seward at 7:07 PM.
MINUTES:
Pierce made a motion to accept the minutes of the January 10, 2002 meeting as presented. Audrey seconded and the vote was unanimous in favor.
Chris C. made a motion to accept the minutes of the February 14, 2002 meeting as presented. Pierce seconded and the vote was unanimous in favor.
OLD BUSINESS:
- LCHIP Status - Judy Gross:
Judy informed the members that the LCHIP grant proposal to purchase the Ferguson farm has been approved and fully funded at $175,000. She mentioned that they were chosen, as one of four projects, to speak at a press conference. The only tasks remaining involve working on easement language and sending documentation to the state. The date of transaction is to be worked out between the Ferguson's and the Trombly's. This project fulfills all the criteria of the grant. It preserves a working farm and contains a 1700's historic structure. The Souhegan River Trail will run through the property, which is adjacent to the river and abuts other protected land. A resident of Milford, Bill Duncklee, asked about the continuation of the Souhegan River Trail and was answered that the plan is to continue work on creating the trail to run from the downtown to the Fish Hatchery and eventually to Purgatory Falls. Neighbors of the Fergusons have come forward to grant easements on their properties, which will enable the trail to be continuous.
- Hitchiner Pavilion update - Chris Costantino:
Chris, Audrey, Sharon and Hub met with Torene Tango-Lowy of the State Dept of Recreation Services who is a reviewer for the Land and Water Conservation Grant. The Commission is considering applying for this grant to use in constructing the pavilion at Hitchiner Town Forest. Torene explained to them that the grant is actually funded by the federal government. Because of this fact certain criteria would have to be fulfilled. A contract or easement between the Town (landowner) and the federal government may be required on the pavilion, its footprint and access, in order for the government to protect its investment from future changes. The pavilion and access to it would have to fulfill ADA requirements. An archaeologist would have to be consulted to fulfill the requirements for the Historical Resources Bureau, in that the property has historic value. Members agreed that this project could become very costly. Chris Guida suggested that Chris C. look into other sources of funding for the pavilion. Chris had approached the High School to construct the pavilion, but was informed that they were already committed to another project. She told members that Home Depot would draft a blueprint for them, if she gave them the dimensions. Rod suggested finding sources of rough-cut lumber. Judy has called PSNH to obtain telephone poles and is waiting to hear from them. Chris will continue to communicate with Torene to find out exactly how involved the process would be to apply for this grant. This clarification will be used to make a final decision as to whether or not to apply for the grant and as a reference for future potential projects.
- Wetland Conservation District - update on hearing of Jan. 15:
Chris Guida informed the members that he had attended this hearing with Diane and that the changes to the Wetland Conservation District were withdrawn. He reported that after discussion of building setbacks from wetlands with the Planning Board, it was decided that the language was too complicated in that it requires different setbacks for different soil types. The wording needed to be simplified in terms of both understanding and application. The ordinance will now read one of two ways: "a 50 ft. building setback from all wetlands with the exception of those listed will be required", or "a 25 ft. building setback from the buffer of all wetlands with the exception of those listed will be required". A special exception can be obtained for some lots. The goal of this change is to have protection of buffers in writing. The wording of the ordinance was not quite ready for the ballot this year and will be presented next year.
- Trails committee - tee shirts:
Members were informed that the Trails Committee would like to purchase 60 tee shirts for Earth Day at a cost of $10 each. They plan to sell the shirts at 14-$15. The shirts will have a small logo on the front and a town trails map on the back. Members chose to table the discussion until more is known about the town budget situation. It was suggested that the committee present the design for the commission members to see along with quotes for different prices. Also suggested was selling laminated maps as an alternative to tee shirts.
- St. Patrick's Church - discussion of project:
Chris Guida, the engineer representing the church on their D&F application to expand their parking lot has received a letter from the Wetlands Bureau. The state will process the minimum impact expedited application filed as a standard, because the impact is for lot development, and not for access. Chris is being asked for additional information regarding need and alternative considerations. He is also being asked to address concerns made by Bob Sinkiewicz, an abutter to the church, in a letter to the state. Chris Guida has presented a letter to Mr. Sinkiewicz addressing his concerns.
Mr. Sinkiewicz was present at this meeting to ask questions and to express his concerns. He wants to become knowledgeable of the process involved of reviewing Dredge and Fill applications. He pointed out that he was unaware that the project was being discussed at the Conservation Commission meeting until after the fact. He also questioned the reasoning behind the Commission recommending approval of the application and stated that if the ordinances state that you cannot fill a wetland, why would a commission allow it? Why have the ordinance? Mr. Sinkiewicz stated that he feels there is no need for this expansion, in that he has not seen the parking lot filled beyond capacity, and feels that it would be needed for only one hour a week. He was also concerned that the gravel parking area could be paved in the future with no permitting required.
Mr. Sinkiewicz was informed that the fact that he was uninformed of the meeting was an error on Rita's part. The engineer on the project had notified him on Feb. 8 that there was a wetlands impact application being filed on this property. He was also informed that many of his concerns are still to be addressed by departments in town. This project will go before the Planning Board under whose jurisdiction lie issues such as the capacity of the church, the number of parking spaces required, and the parking of parishioners on the streets. The Zoning Board will need to review this project to determine whether or not to grant a special exception for buffer disturbance. Also explained was the fact that when the Commission evaluates the need for a wetland impact, they rely on the information presented to them by the engineer and applicant, in this case the safety issue documented in the letter from the Fire Chief. He was informed that the approval recommended by the Commission is contingent upon the surface being made of crushed stone, and that the state can put the condition that the surface remain crushed stone into its permit, if it chooses to grant it.
- Update on status of D&F application of David and Joan Marra - M/L 49/3-18:
Hub informed the members that this application was originally scheduled to appear at this meeting, but there are discrepancies between the deed of Mr. and Mrs. Marra and that of Mr. Ed Kelley. Mr. Kelley is the owner of 49/3-1, the lot that would share the driveway. Consideration of the application will be postponed until the ownership of the driveway easement is clarified.
Notes from the site walk of this property on February 27, 2002 are as follows:
Site walk - Marra Property M/L 49/3-18
Date/Time: Feb 27, 1:30 pm
Attendees: Ed Colburn, engineer, Diane Fitzpatrick, Hub Steward, Sharon Hannan, Chris Guida, Chris Costantino
The location of the right-of-way for the back lot was not obvious, in conversation earlier with the abutter, Ed Kelly, the neighbors claim no prior knowledge of the back-lot property line coming to Stable Rd as they had both been shown the 1993 plan when purchasing their respective lots, which does not show the back lot or the right-of-way. Ed Colburn showed us generally where the R of W is located but there are no boundary markers. Chris Guida, certified wetland scientist, brought his auger and after viewing a core of soil stated that in his opinion the area is not a wetland according to the manual in use today. Ed Colburn used the wetland delineation on the original plan for his D&F application. The vegetation was also not what Chris would expect in a wetland soil.
Ed and the commission members were advised of a concern Kevin Lynch, Code Enforcement Administrator, has about the proposal. The resubdivision in 1995, which created the lot (3-18), lists the lot as unbuildable at the time of its creation. It states that the lot will become buildable if a D&F permit is obtained and all other state and local regulations are met. Kevin said that this lot would need to have gone to the ZBA for approval as it does not and did not meet the zoning requirements. He is researching the records to determine if the case came before the ZBA. If it has not, Kevin is leaning toward declaring the lot "unbuildable" but may consult town attorney Drescher before declaring this to be fact.
The Wetlands Bureau reminded our office that any D&F within 20 feet of an abutter is required to have written consent from the abutter. If the abutter refuses the Bureau may grant relief from this requirement after conversation with the abutter to determine if they are being unreasonable.
The Commission has been advised by the Wetlands Bureau to not act on this application until the parties involved have come to an agreement and Kevin has made his determination.
Site Walk notes were prepared by Diane Fitzpatrick.
NEW BUSINESS:
- Site walks procedure: Members agree that the procedure for site walks as outlined in the Policy & Procedure manual, should be followed. The procedure includes designating a coordinator. The coordinator will be selected when the time for the site walk is set and he or she will determine who plans to attend the site walk.
- Recycling Committee: Pierce updated members on the first meeting of the recycling committee. At that meeting the committee was established and some potential plans were made:
At town and school events the presence of containers for recycling would be required. Arrangements for DPW to collect these containers would need to be made.
Some changes for the transfer station were also discussed (signage, mixed paper program).
No official was elected to head this committee. April 3 at 11:00 is the date of the next meeting.
- Aquifer Protection District Zoning Changes for the year 2003: A committee was set up comprised of Pierce, Hub and Chris Guida to suggest wording for the 2003 aquifer zoning ordinance. Pierce mentioned that a question from the Planning Board was brought up as to where the district is actually located. Two provisions in the current zoning ordinance refer to two different maps, where the aquifer zone is defined in different locations. This wording needs to be clarified. These suggestions should be ready to present in early July.
- Projects for this year, 2002:
- Regulation changes - Wetlands/Aquifer/Site plan/Subdivision/Stormwater - see New Business #3, above.
- Earth Day Hike - The Trails Committee is planning a hike of the Rail-Trail, which would include information stations at interesting points along the trail. They also plan to use vans to shuttle hikers from one end to the other. They need 2 more vans and "greeters" along the trail. No Commission members present were available for this particular weekend. The Trails Committee will be advised of this.
- Land protection - Easements for Ferguson and Trombly properties will be completed. Members suggested that completion of the Souhegan Trail be accomplished.
- Commission Website - project to scan and post past meeting minutes: Members were informed that minutes of meetings dating back to 1990 are now on the Commission Website. To scan, edit and make ready for the Website, it now takes approximately 3 hours per set of minutes, due to difficulties in scanning. Members agreed that because the town is operating on the default budget, this project is not a priority.
- Commission Website - content: Members were asked if they would like to see something on the Commission's Website that is not included at this time. The agenda to the monthly meeting was suggested. Rita will ask Leen if it is possible to have this posted each month. Chris C. said that she was able to find everything she needed for writing her grant on the Website. Pierce informed members that he has received many phone calls saying that this is the best Website in the state for Conservation.
- Microsoft Access Course: Members were asked if they would approve the expenditure of $399.00 to allow Rita to attend a course on Microsoft Access that would to enable her to begin creating a database of the Conservation Commission event files and protected land files. Members agreed to table this item until more is known about the budget situation. Discussion followed regarding the status of acquisition of software for the town that would provide a database for all the lots in town. Chris Costantino will contact ESRI, a company that produces standard software for non-CAD GIS operations. This company would donate the software to the schools in town if a teacher were willing to attend a course to learn how to use it. Chris will obtain information from the company to present to the schools to see if there is any interest.
There being no further business to come before this meeting, the meeting was adjourned at 9:03 PM. Three members remained for Interdepartmental Review.
INTERDEPARTMENTAL REVIEW:
- CCC Concrete Cutting Co. M/L 7/5-3- Members are not sure if the existing drainage easement contains wetlands.
- Currier Self-Storage - Rt 13S M/L 48/14 - Members feel that there are no wetland issues, but question if there will be 30% open space and if drainage issues have been addressed.
The next regular meeting of the Conservation Commission is scheduled for Thursday, April 11, 2002 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.
Minutes prepared by Rita Carroll.
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