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2002 Minutes    January - February - March- April - May - June - July - August - September - October - November - December    Minutes 2002

MILFORD CONSERVATION COMMISSION

Meeting Minutes of January 10, 2002

Present:
Diane Fitzpatrick, Chairperson, Hub Seward, Vice Chairman
Rodney DellaFelice, Pierce Rigrod, Audrey Fraizer, Sharon Hannan, Full Members
Judy Gross, Chris Guida, Alternate Members

Others Attending:
Nancy Amato - Selectmen's rep.
Ray Dube, Wilfred Leduc, Paul Bergeron - St. Patrick's Church
Alexis Eaton - abutter to St. Patrick Church
Arthur Tuthill - owner of lot 47/42

The public meeting of the Milford Conservation Commission was called to order by the Chair, Diane Fitzpatrick at 7:00 PM.

MINUTES:
Upon a motion made by Rodney, seconded by Audrey, the minutes of the December 13, 2001 meeting were accepted with the following changes: The time of adjournment was changed to 10:05.
The phrase "in the spring, when the vernal activity will be high" was added to line 58.
The vote was unanimous in favor of the motion.

APPOINTMENTS:
  1. 7:15 - Chris Guida, Meridian Land Service - St. Patrick's Church, Amherst St. - Chris presented the members with a Minimum Impact Expedited D&F application to construct an additional parking area behind St. Patrick's Church on Amherst St. He explained that with increased membership in the parish, the need for more parking has become a safety issue. A previous plan approved by the planning board proposed a smaller parking lot expansion located outside of the wetland. This area, however, was not large enough to accommodate the increased parking need. The current plan, now being presented, would impact 2958 sq. ft. of wetland and 5163 sq. ft. of buffer. Chris described the wetland that would be impacted as being forested and poorly drained. The area gently slopes to the brook; there is no channel in the forested area and no drainage structures are proposed. Drainage would be sheet flow to crushed stone surrounding the parking lot. When asked about snow removal, Chris agreed to Rod's suggestion that a note could be included in the plan that snow should be pushed to the upper area of the parking lot as opposed to the lower edge near the brook.

    Members agreed to schedule a site walk of the area on Tues. Jan 15 at 7:30 AM. Whether or not to approve and sign the application will be voted on at next month's meeting.

  2. Arthur Tuthill - Rt.13, Colburn Rd. - Std D&F application to construct drive to storage facility on Rt 13, M/L 47/42. Mr. Tuthill was present to go over the application to construct the driveway to his proposed storage facility. The plan presented tonight was very similar to that which he had shown to members at the Sept. 13, 2001 and October 11, 2001 meetings. It included a suggestion that had been made by the members to construct three culverts under the drive to allow water to flow across the wetland. Mr. Tuthill is agreeable to granting an easement on the surrounding wetland to prevent it from being clear-cut. Hub made a motion that the Commission recommend approval of this application to the state wetlands bureau. Judy seconded and the vote was unanimous in favor. This project will go before the ZBA on Jan. 17. The Commission will draft a memo to them stating that the wetland impact was recommended by the Commission for approval. The suggestions will be made that access be denied to the Colburn Rd. lot through a 25 ft. strip, which is part of lot 47/42, and that a conservation easement be put on the wetland area of the lots, excluding the driveway.

CURRENT PROJECTS:
  1. D&F Status - Zahn, M2/28 and Hampshire Hills M48/36,36-1,41,52 - Diane updated members on the status of each of these two violations.

  2. LCHIP Grant - Judy/Chris C. Judy informed members that she and Chris presented the LCHIP proposal to Mr. Ferguson and his son, who were impressed by the work that has been done. Mr. Ferguson has agreed to postpone selling his property until after the results of the grant proposal have been heard, which is sometime in March. Nancy Amato stated that the Heritage Commission has mentioned that they would help with fund-raising for this project if needed. Judy will keep them apprised of the outcome of the LCHIP proposal.

  3. Trails Committee - Sharon Hannan
    • Hampshire Hills has contacted the Commission and would like to function as a source of information on hikes that are being offered in the area by various organizations. On Dec. 18 Sharon, Celeste Barr and Bob Tobey, a volunteer at Hampshire Hills, met, hiked and exchanged ideas regarding types and times of hikes that they would like to lead. They would like to get more people involved in helping and participating in the hikes. Celeste and Sharon are also talking about educational programs and have spoken with the environmental science teacher at the high school. After the end of this semester they will be in touch with the high school to set up some programs such as deciding which trails would be suitable for making into nature trails and wildlife surveying in the spring.
    • Two letters were sent, one each to Milford Armory and Peterborough Armory, requesting assistance in building a bridge for the Emerson Park Trail. On March 9 Sharon is meeting with the staff sergeant of an engineering division out of Peterborough to look at the site and discuss the project.
    • Diane mentioned that Sage school adopted a section of the Rail-Trail between Armory Rd. and Union St. They may initiate a tree identification project on that section of the trail. The Sage School will be notified that the trails Committee plans to sponsor a hike of the Rail-Trail, around earth day in case the students would like to be there at that time. Also, the high school track team is interested in adopting the section from Union St. to DPW. They incorporate this part of the trail into their training.
    • Pierce suggested taking photos along the trails to be included in brochures, trail maps or the Website, which could inspire people to use or help with the trails in town.
    • Nancy mentioned that the Boy's and Girl's Club may like to participate in some trail work during February or April vacation.

  4. Beaver and Road Flooding - Diane reported that as part of regular fall maintenance, DPW breached a beaver dam near Union St. This particular dam had had bafflers installed that were functioning to allow water through the dam and therefore prevent flooding. After discussing the situation with DPW, it was decided that the dam would be left alone and that the Commission would maintain the beaver baffles to prevent any flooding to the area.

  5. Wetland Conservation District - Diane informed members that the public hearing for changes to the Wetlands Ordinance will be held next Tuesday night, Jan 15 at 6:30 PM.
NEW BUSINESS:
  1. 2002 Projects - Diane asked for member input on things they would like to accomplish in the New Year. Ideas that came from the discussion included: obtaining more pictures for the Commission's Website, support for the starting-up again of the Recycling Committee, continued pursuit of having a pavilion built at Hitchiner and continued work on obtaining GIS software for the town. Also discussed was the idea of having nature trails in town, where pamphlets or signs are posted to designate areas of interest, such as wildlife habitats. The formation of a committee to review the ordinances of the town was suggested. This committee would be familiar with the issues specific to Milford and could review and suggest some changes before an outside consultant is brought in. The idea of using a facilitator was suggested. 5-acre zoning in certain areas that are inaccessible or very steep, etc. was brought up as possibly having some rational.

    Diane asked whether or not anyone was interested in holding a public event during the weekend of Earth Day and mentioned that on that Saturday the Trails Committee will lead a hike. Members were asked to think about this and any other ideas they might have concerning projects or events for next year. Nancy asked the Commission if they would like to receive notification of "intent-to cut" forms being received by and signed by the Board of Selectmen and was answered in the affirmative. The suggestion that the Selectmen delegate the signing of these forms to the Commission was also made.

  2. Membership - Diane informed members that Susan James will resign the Commission because she is moving to Wilton. She hopes to become involved with the conservation commission there and suggested interaction between the two groups on issues concerning the Souhegan River.

    Diane gave copies of the 1999 Town Master Plan and the New Hampshire Association of Conservation Commissions Handbook for Municipal Conservation Commissions to the new members, Audrey Fraizer and Sharon Hannan.

  3. NRPC Workshop - Diane informed members that the Nashua Regional Planning Commission is offering a series Route 101 Visioning workshops in Amherst, Wilton, and Milford. The workshop in Milford is at the Town Hall on Tuesday, January 29 at 6 PM.

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, February 14, 2002 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Minutes prepared by:
Rita Carroll


MILFORD CONSERVATION COMMISSION

Meeting Minutes of February 14, 2002

Present:
Hub Seward, Vice Chairman
Rodney DellaFelice, Pierce Rigrod, Sharon Hannan, Full Members
Chris Costantino, Bob Walsh, Alternate Members
Chris Guida, recused for St. Patrick's, present as member for other issues

Excused:
Diane Fitzpatrick, Audrey Fraizer

Others Attending:
Chris Guida - Meridian Land Services representing St. Patrick's Church
Paul Bergeron - St. Patrick's Church
Ed Colburn - representing David and Joan Marra
Edward Kelly - Stable Rd., abutter to Marra

The public meeting of the Milford Conservation Commission was called to order by the Vice-Chair, Hub Seward at 7:10 PM.

MINUTES:
Because a quorum of members present at the January 10, 2002 meeting were not present at the beginning of this meeting no motion was made to accept those minutes. They will be acted on at the March meeting.

APPOINTMENTS:
  1. 7:15 - St. Patrick's Church - Amherst St. - Minimum Impact Dredge and Fill app. for parking lot expansion to the rear. Paul Bergeron of St. Patrick's Parish and Chris Guida , engineer on the project, were present to discuss the application which had been presented at the January 10, 2002 meeting. They stated that the problem with the existing parking at the church is emergency access. At least two services have overflow parking that often blocks access for emergency vehicles. Parking is no longer permitted on most of the streets adjacent to the church. The existing parking consists of about 200 spaces. The plan proposes to add 43. The suggestion that the additional parking area have a gravel surface had been agreed to. After discussion of alternate ideas for the site, Pierce expressed satisfaction in the plan as presented in that it is a minimum impact, less than 3000 sq. ft. and is a forested wetland, not a bog, etc. Gravel he feels will not change the hydrology of the area and the location is fairly far away from the brook. It was also stated by Mr. Bergeron that the church itself is to capacity and that no expansion of the building can be done. Therefore there is no need for further expansion to parking.

    Chris Costantino moved to accept the application on the condition that there be no pavement used to construct the parking lot, but that the surface be of crushed stone. Pierce seconded the motion. The motion passed on a vote that was 3 in favor, 3 abstained. Chris Guida will submit a set of plans containing the note that the surface be crushed stone.

    Pierce noted that in general the need for wetland impacts for non-residential sites should be more strictly established and justified. Some previous projects have been presented without a demonstrated need to have the project on the specified site other than the owner's convenience.

  2. 7:45 - Hitchiner Pavilion update - Chris Costantino presented the members with information and options on which to choose for construction of the pavilion:
    • She informed members that a different source for the work that needs to be done will be looked into, in that Phil Brooks has seemed to be unavailable.
    • A federal grant has become available for park enhancement that can provide 50% of the construction cost. The other 50% that must be provided can be partly or all in the form of volunteer work and donated materials. One aspect of the grant is the possibility of establishing a partnership with another organization on the project. Members were in favor of the idea of Chris pursuing this grant and approaching Beaver Brook regarding partnership.
    • Members were asked if they would prefer telephone poles or lumber to be used for supports. Members chose poles and Chris will look into acquiring a donation of used ones from PSNH; possibly with assistance in installing them.
    • Members were asked if they would prefer the floor surface to be a concrete slab or crushed stone. Crushed stone was chosen in that there would be less site work involved. Also any spills of beverages, etc. would filter through the crushed stone and not require clean up by the town.
    • A roof made of metal was preferred to one of shingles, in that there is less labor and maintenance involved, and they are now made to be attractive.
    • Members preferred trusses to rafters. If rafters are used, wire mesh may be required to prevent children from climbing on them. Chris will check further into what would be required for each.
    • Chris will speak with the Director of the Technical Program in the high school with the hopes that the students can design the pavilion and perhaps construct the trusses.

  3. 8:15 - David and Joan Marra - M/L 49/3-18 - Std D&F application to construct access drive across wetlands. Ed Colburn, prospective buyer and builder, represented the Marra's. This project involves impact of 800 sq. ft. of a forested wetland (poorly drained soils) to construct a driveway to access lot 49/3-18, on an existing right-of-way easement to Stable Road along the property line of lots 49/3-1 & 49/3-2. Lot 49/3-18 was originally purchased by the Marra's and is now potentially being sold to a builder for construction of a house. A standard impact application was filed, because the applicant was unsure if the project would involve "fill needed to created a buildable lot", which is a criterion that would make use of a standard dredge and fill application required. Members felt that the state could improve the wording to clarify their intention and assumed that "creating access" was minimum impact and that "creating dry land area upon which to build" was not. The question arose as to whether or not the seal of a certified wetlands scientist was required on the plan. Mr. Colburn has a DES license for septic installation. Rita will call and find out from the Wetlands Bureau the answer to this question and also to the question as to whether or not an expedited form could be used. Also discussed was the possibility of access being made through the Marra's property (M49/4-27) to Carriage Lane. It was noted that a drainage easement and septic system would probably prohibit this access location. Mr. Colburn will speak to the owners regarding this access. It was also noted that the wetlands were delineated by Mr. Colburn on Jan. 25, 2002; however, the ground was covered with snow at that time. Mr. Ed Kelley, owner of 49/3-1, which is the lot that has the driveway easement, was present at this meeting and expressed concern with the effects this project may have on both his well and septic system. He stated that the driveway will lie directly on top of his well radius and that there may be a lot of blasting required to construct the driveway. He also noted the presence of wildlife in the area, specifically deer and moose.

    A site walk was scheduled to view the site for Sunday, Feb. 17 at 9 AM. This project is on the agenda for the next Conservation Commission meeting on March 14, 2002. The Commission requested that a profile of the driveway be included in the application.

Meeting adjourned at 9:00 for lack of Quorum as several members had to leave. Three members remained for Interdepartmental Review.

INTERDEPARTMENTAL REVIEW:
Plans discussed at the meeting, and the resulting comments were as follows:
  1. Brox - It was not clear what the intent was and several suggestions to protect wetland areas were discussed. "Follow the Master Plan and protect wet areas and buffers. Do not create lots that require large wetland impacts especially south of Birch Brook. Access could be provided to the piece south of Birch Brook (southeast corner) through the R zone or by change zoning."
  2. Arthur Tuthill - NH Rte. 13,S - Map 47, Proposed Lot 42-1 - Site plan for the construction of four storage unit buildings - Mr Tuthill is scheduled to appear at the PB meeting, Feb. 19. The Commission will obtain from Bill Parker a memo regarding the Wetland Bureau's question as to why the access cannot be from Colburn Rd. to avoid the wetland.
  3. Milford Corners, LLC - Rte. 101/Elm St. - Map 11, Lot 12 - Site plan for the construction of a 2,995 SF gas station/convenience store and a 1,900 SF three-bay oil change facility. "Members are in agreement with other departments in town that the engineers involved should demonstrate to the town that they are addressing spill containment issues, etc. Members also agree that the parking lot run-off will contain more oil than a typical parking lot because of the nature of the business and should be designed to filter runoff."
  4. Woodland & Oak Ltd. Partnership - Powers St. - Map 43, Lot 35 - Public hearing for a minor site plan for a 300 SF addition to the pool house - new application. The Commission has no issues with this project.
  5. William F. Blake - 539 Elm St. - Map 14, Lot 3 - Public hearing for a major site plan for an 18,125 SF addition to Wild Ginger - Members would like to see the paved area reduced. They expressed concern over the open space and the flood plain.
  6. BWC Realty Investments, LLC - North River & Wilton Roads and Maple and Madison Streets - Map 6, Lot 48 - Public hearing for a three-lot subdivision (two new lots) - Members had no comments regarding conservation issues.
  7. Steve Desmarais/Timber Ridge, LLC - Ponemah Hill Rd. Map 43, Lots 67-1 & 68. 82 Multi-family housing units. The question arose as to whether or not there is any intended use of the lower portion of the lot. Suggestion was made of a possible open space easement.
  8. Steve Desmarais/Patch Hill Development, LLC - Falconer Ave. - Map 9, Lot 1 and Map 8, Lots 77-1, -77-2 and Map 17, Lot 12 - Forty-lot open space subdivision of 55 acres - The question was raised as to whether or not open space of any subdivision can become a town forest. This plan looks good with respect to connecting the Mayflower Town Forest to Amherst.

INFORMATION ITEMS:
PSNH has reimbursed the town for half the cost of setting 4 boundary pins at Tucker Brook Town Forest that had been discovered to be either missing or damaged in June of 2001. (See minutes of 2001-06-14 and 2001-08-09).

The next regular meeting of the Conservation Commission is scheduled for Thursday, March 14, 2002 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Minutes prepared from tapes by Rita Carroll



MILFORD CONSERVATION COMMISSION

Meeting Minutes of March 14, 2002

Present:
Hub Seward, Vice Chairman
Rodney DellaFelice, Pierce Rigrod, Audrey Fraizer, Full Members
Chris Costantino, Judy Gross, Chris Guida, Alternate Members

Excused:
Diane Fitzpatrick, Sharon Hannan

Others Attending:
Nancy Amato - Selectmen's Rep.
Bill Duncklee
Bob Sinkiewicz, Abutter to St. Patrick's Church
Wilfred Leduc, Paul Bergeron, - St. Patrick's Church

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:
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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:
  1. 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.

  2. 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.

  3. 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.

  4. Projects for this year, 2002:
    1. Regulation changes - Wetlands/Aquifer/Site plan/Subdivision/Stormwater - see New Business #3, above.
    2. 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.
    3. Land protection - Easements for Ferguson and Trombly properties will be completed. Members suggested that completion of the Souhegan Trail be accomplished.

  5. 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.

  6. 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.

  7. 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:
  1. CCC Concrete Cutting Co. M/L 7/5-3- Members are not sure if the existing drainage easement contains wetlands.

  2. 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.




MILFORD CONSERVATION COMMISSION

Meeting Minutes of April 11, 2002

Present:
Diane Fitzpatrick, Chairperson, Hub Seward, Vice Chairman
Rodney DellaFelice, Pierce Rigrod, Audrey Fraizer, Sharon Hannan, Full Members
Chris Costantino, Judy Gross, Alternate Members

Others Attending:
Nancy Amato - Selectmen's Rep.
Wayne and Sandra Hardy - Trail Stewards, Mayflower Town Forest
Jennifer Cote - Trail Steward
Rich Hillman - Interested citizen, Health Safety and Environmental Coordinator at Saint-Gobain Advanced Ceramics
Jay Heavysides - Meridian Land Services, representing Elite Const.
Ed Colburn - E. J. Colburn Construction Corp., representing D. Marra
Stanley Nowicki - owner of lot 40/107-1, abutter to Elite Const. subdivision

The public meeting of the Milford Conservation Commission was called to order by the Chair, Diane Fitzpatrick at 7:07 PM.

MINUTES:
Upon a motion made by Chris Costantino, seconded by Hub, the minutes of the March 14, 2002 meeting were accepted as presented.

APPOINTMENTS:
  1. Sandra and Wayne Hardy - Trail Stewards at Mayflower Town Forest. Mr. & Mrs. Hardy were present to discuss some issues regarding the trails in Mayflower Town Forest. They have observed an increase in vehicles on the trails, which is starting to cause some erosion problems. They asked if the Commission felt that ATV's should be allowed on the trails. They also stated that ramps are being constructed along the trails for dirt bikes. People are camping in the forest and evidence of campfires is observed.

    Members informed the Hardy's that camping is allowed, with a permit obtained from the Conservation Commission. A fire permit issued by the fire department is required for any campfires. Discussion followed regarding laws pertaining to use of ATV's. Posting signs to forbid motorized vehicles could be done, but may be hard to enforce. Members suggested removing any ramps, etc. that are in the area, which may discourage future construction. Sharon knows of a scout group that may be interested in doing some clean-up or trail work in the forest. She will contact the scoutmaster, who will call the Hardy's to coordinate what work needs to be done.

    Sandra suggested using wood chips to smooth out areas of the trails where roots are exposed. She will contact Ponemah Bog, where this process was done to see how it held up over the winter. Wayne offered to repaint the trail blazes in the forest. He was informed that Bob Sinkiewicz has the paint that should be used. When asked if there will be a trail connection going north from Mayflower Town Forest to the village of Amherst, the Hardy's were informed that the Planning Board is aware of our interest in having that connection. The subdivision plans for the two properties north of Mayflower are incorporating the connection in their open space design.

  2. Elite Construction, Mason Rd. M/L 40/104 Std D&F for a nine lot subdivision. Jay Heavysides of Meridian Land Services presented a plan for a subdivision off of Mason Rd. The project will occur in two phases, the first being construction of a dead-end road with a hammerhead turnaround, which will be removed in Phase II. There will be impact to the buffer, but no impact to wetlands. The second phase is the construction of a road which will require a wetland crossing. The road is required by the Planning Board to provide access to an abutting parcel to the south which is in the initial phases of being developed. The entire project proposes to impact 1,446 sq. ft. of wetland and 7,550 sq. ft. of buffer. The method of calculating open space was discussed. It was decided that the ordinance may be worked on for clarification in the summer. Stormwater issues were also discussed. Mr. Stanley Nowicki, an abutter, expressed concern over additional water flowing onto his property due to the project. He was informed that a culvert will be constructed for the wetland crossing that would be slightly undersized for the flowage. The sizing of culvert would allow some ponding on the upstream side during storm situations and therefore prevent any additional flowage onto abutting properties. Members had no issues regarding the wetland crossing as proposed. They did have some concern with the stormwater management relative to the undersized culvert and the ponding on one side of the road. Also questioned was whether or not flowage calculations normally take into account the increased water after forested areas become landscaped. Recommendations regarding this project will be as follows: The crossing would be recommended for approval, only after consulting the state about the sizing of the culvert. The road should be a no salt road. The temporary buffer in phase I should be restored and the areas revegetated in Phase II. The lot line of 40/104-5 should be moved slightly south to incorporate the stream into the open space. The issuance of a bond to insure proper handling of stormwater drainage should be looked into.

  3. David and Joan Marra - M/L 49/3-18 - Minimum Impact D&F to construct access drive. The application was originally filed as a standard. At the state's recommendation, Mr. Colburn is now filing this project as a minimum impact expedited. The review of this application had been postponed until the issue of ownership of the right-of-way of the drive was clarified. A memo from the town Code Administrator, dated March 19, 2002 states that the two lots, 49/3-18 and 49/3-1, meet town regulations for a building permit pending determination of wetland issues. Members reviewed the D&F application which is for 800 sq. ft. of wetland, a very minor impact. After viewing the area members felt that there is some question as to whether this area is even wetland at all. Pierce made a motion to sign (approve) the application. Rod seconded and the vote was unanimous in favor. Diane signed the application.

OLD BUSINESS:
  1. Charles Zahn M2/28 D&F application - revised plan- Members were informed that a revised plan has been submitted to the state for a road crossing both Hartshorn Brook and wetlands contiguous with Hartshorn Pond. The Commission had reviewed the initial plan in October of 2000 and had recommended to the Wetlands Bureau that the permit be denied. Members will review this revised plan at their May 9 meeting and will set a site walk date before that time. They agreed that Sat. Apr 20, 7AM is a good time. Rita will call Mr. Zahn and the engineer on the project to see if they will be available then. She will inform Chris Costantino who is the coordinator for this site walk.

  2. LCHIP Status - Judy informed members that currently the language is being worked on for the easement on the Ferguson property. Language must be acceptable to Mr. Ferguson and the State. Sean Trombly has also been given the opportunity to review the language. Other documentation required by the state is being worked on. Mr. Ferguson is working with Sean Trombly as to when to transfer the property.

  3. Hitchiner Pavilion update - Chris Costantino informed members that she has been unable to find a design for the pavilion that could be obtained at no cost. She may have access to a couple of structures that can be moved to the site. She will contact Noreen O'Connell of the Planning Board regarding a barn that may be available. Nancy gave Chris a phone number relating to a property in Wilton that may have a structure. Obtaining volunteer help with moving a structure along with sources of funding were discussed. Diane mentioned that an application from the Kaley fund should be obtained in order to learn what it involves. Sharon gave Chris a phone number of someone at the state parks department who may be of help. The idea was brought up of using the Nees Bequest for the funding of the pavilion and naming the pavilion after the benefactor.

  4. Zoning Ordinance update - Diane informed members that the wording changes for the Wetland Conservation District have been completed and are ready for the meeting with the Planning Board, which will take place in early May. Members have been sent the information and if they have any issues, they should inform the committee. The wording of the Aquifer Protection District is currently being worked on. Confusion has arisen in the wording of the present ordinance with regard to the location of the district. The map referred to in the ordinance shows blue areas as being the aquifer (stratified drift) and the ordinance describes the district as areas designated by blue shading and crosshatching. If this is to be interpreted as meaning the district is where both blue shading and crosshatching are present then the protected area is much smaller than was generally understood. The need to work on the Open Space Ordinance was brought up along with the question of whether or not there is enough time. Diane suggested that anyone interested should look at it and make suggestions. The Planning Board would like any suggestions to be submitted to them by July.

  5. Trails Committee update - Sharon informed the commission that there will be no Earth Day Hike due to a lack of available people to help. The Trails Committee will no longer have monthly meetings. Instead they will plan projects and plan meetings around those projects. A Boy Scout troop is interested in camping and doing trail work at Hitchiner Town Forest in early May. They have obtained a camping permit and they are asking permission to use a method for bathrooms that has been commonly used where a 1 ft. deep trench is dug, filled with dirt after use and then covered with a material to keep animals away. Members felt that the method would be satisfactory, as long as it is away from wet areas. The scouts do not plan to have a campfire. They will use stoves only.

  6. Recycling Committee - Nancy Amato described a composter that would accept many more materials than a common compost pile would accept. Also discussed was the idea of having curbside solid waste pick-up in town. Chris mentioned the importance of education about recycling issues.

NEW BUSINESS:
  1. Budget - Diane presented members with a budget analysis for the year 2002. The Accumulative Fund will be used to maintain a "bare bones" budget, which includes operations and Rita's salary. In addition, $4000.00 was requested from the Selectmen, who had proposed to cut our budget by 100%. The $4000.00 represents a 72% reduction from the original request before the default budget was voted in. The Selectmen agreed to this request. Members were in favor of the budget as presented. Chris C. made a motion to use the Accumulative Fund for salary and operating budget. Sharon seconded and the vote was unanimous in favor. Diane mentioned that in order to save on postage, correspondence such as minutes and agenda, will be by e-mail. With the exception of NHACC, memberships to all organizations will be terminated in order to eliminate the cost of dues.

  2. Election of officers - Chris made a motion to reappoint Diane as Chairperson of the Conservation Commission. Sharon seconded and the vote was unanimous in favor. Chris made a motion to reappoint Hub as Vice-Chairperson of the Conservation Commission. Sharon seconded and the vote was unanimous in favor.

INFORMATION ITEMS:
Land Use Training Seminar - Diane informed members that this seminar offers training for boards that are involved in land use. It deals with how to read plans and will be held in the evening of April 29 at NRPC. Rita will e-mail members information regarding the seminar.

INTERDEPARTMENTAL REVIEW:
Due to the lateness of the hour the plans will be reviewed in the ConComm office by any members that are interested in reviewing them.

There being no further business to come before this meeting, the meeting was adjourned at 10:00 PM.
The next regular meeting of the Conservation Commission is scheduled for Thursday, May 9, 2002 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.
Minutes prepared by Rita Carroll.


MILFORD CONSERVATION COMMISSION

Meeting Minutes of May 9, 2002

Present:
Diane Fitzpatrick - Chairperson, Hub Seward - Vice Chairman
Sharon Hannan - Full Member
Chris Costantino - voting as Full Member
Judy Gross - Alternate Member

Excused:
Rodney DellaFelice, Audrey Fraizer, Pierce Rigrod

Others Attending:
Representing Milford PTO and 4th Grade:
Charlie Covell - CJ Covell Construction, Celeste Barr and Nancy McManus, Milford PTO Tyler Covell, John McManus, Keith MacIntyre, Mike McManus, Darlene Bouffard, Emily Bouffard, Amy Wilson, Meghan Bouffard, Matt Thomas.

Noreen O'Connell - Board of Selectmen, Planning Board
Rick Holder - Owner of Hampshire Hills
Jennifer Cote - Trail Steward

The public meeting of the Milford Conservation Commission was called to order by the Chair, Diane Fitzpatrick at 7:07 PM.

MINUTES:
Upon a motion made by Chris Costantino and seconded by Sharon, the minutes of the April 11, 2002 meeting were accepted as presented.

APPOINTMENTS:
  1. Milford Elementary PTO & 4th grade - Heron School Nature Trail Project. Celeste Barr presented the members with applications (NHDES Notification of Trail Development Activities Having Minimum Wetlands Impact, and Minimum Impact Expedited D&F) for construction of a floating observation platform. The platform is the initial phase of the nature trail and outdoor classroom project at Heron Pond School. They propose to construct a 12' x 12' floating platform with a 12' - 15' walkway ramp, which will be anchored on upland soils, hence no construction impacts to the wetland. Celeste explained that although the state wetlands bureau stated that they prefer a raised deck in the wetland, which allows growth of vegetation underneath, she feels that a floating dock would create less impact than constructing a dock in the wetland. The lower deck would also be a safer surface from which students could view and sample from the wetland. They plan to use Arsenic-free treated wood. The dock would sit on 12, 55-gal. drums and would be anchored with chains and cement. Mr. Covell's company would do the construction and use volunteers to move the dock into place. The PTO and school would like to construct the dock this spring, perhaps as part of their Field Day activities, and the project would continue in the fall, adding nature trails and a written nature guide. Students were asked what sort of animals or plants they would observe in the area and answered with a wide variety of wildlife species. Commission members were in favor of the project and agreed that the Trail Construction form would be the better of the two applications to use for the state. A letter of recommendation to the Wetlands Bureau will be drafted and given to Celeste to send to the state with the application.

  2. Charles Zahn - Revised plan for D&F application. Members reviewed the revised plan to construct access to a portion of M/L 2/28, which Mr. Zahn proposes to subdivide to create lot 2/28-2. He would like to cross Hartshorn Brook and associated wetlands to access the new lot and build a house. It was pointed out that the right-of-way on his drive to lot 2/28 shows access for one house (his house) only. This project had originally been brought before the Commission in Sept. of 2000. At that time the members had recommended to the state that the permit be denied. The revised plan shows the brook crossing to be a pre-fab bridge. The wetland crossing area west of the brook has been moved northerly to create less impact. Members questioned whether or not bridging the entire wetland would be acceptable. The project could become very costly and snow removal could still cause an impact. The original plan was to construct a 12-unit housing; now only 1 house is proposed. The proposed driveway uses 25 ft. along each of lots 2/28 and 2/28-2, with potential of being a shared drive and has a frontage of 183.5 ft. Diane will speak with the Planning Board to see if they would allow the shared drive and the back lot.

    Members viewed this site back in 2000 and at recent site walk on April 20, 2002.

    Notes from the April 20 site walk are as follows:
    Attending: Rod, Sharon, Diane, Audrey, Chris C., Ann Zahn, Karl Zahn, Harry Murray, Engineer on the project.
    • Same driveway as proposed at the earlier plan, with a bit of a tweak in direction to cross the brook and wetland.
    • Concrete footings for a 20' arch single span bridge.
    • The bottom layer of the driveway that crosses the wetland, on the west side of the Hartshorn brook would be composed of large stones which "hopefully will let the water flow through", said the engineer.
    • None of the wetlands were flagged on the west side of the brook, which is the main wetland impact.
    • There was standing water in the wetland, in spite of the very dry spring that we have had so far.
    • The proposed crossing is in the narrowest section of the wetland, so the impact has been minimized but it is a huge impact.

    After some discussion Sharon made a motion that the Commission recommend the state deny the permit for the following reasons:
    • The wetland involved is a functional wetland with areas of standing water, a flowing brook and aesthetic value.
    • Although the crossing is located to minimize impact size, the impact to this wetland is huge.
    • One member stated that if a wetland such as this were not protected, what wetland would be? Permission to impact may set a bad precedent.
    • The need for the impact is questioned. If the subdivision of lot 2/28 does not occur, access will not be necessary. Access to lot 2/28 exists, in the form of right-of-way easement for a single dwelling. The purpose of the crossing is to create lot 2/28-2.
    • The plans show a shared driveway, 25 ft along each of lots 2/28 and 2/28-2, with an implication of quite a bit of development of the area being possible. Members question the future use of the shared driveway.
    • The plans lack detail regarding the crossings and the wetland delineation.
    • The impact appears to be larger than what is stated on the plans. The 10 ft. wide drive will impact more than 12 ft. due to grading.

    Chris C. seconded the motion to recommend no. The vote was unanimous in favor of the motion. A letter will be drafted to the state with the Commission's recommendation. Diane noted that Pierce, Rod and Audrey, who were at the site walk but not present at tonight's meeting, told her that they would vote against a recommendation to approve this project.

  3. The Public Hearing to vote to appropriate funds relating to the LCHIP Grant was called to order at 8:30 PM.

    In attendance were:
    Chris Costantino, Jennifer Cote, Hub Seward, Diane Fitzpatrick, Sharon Hannan, Rick Holder.

    Diane explained that in conjunction with the state's LCHIP funding, which was awarded to the town in March, the town through its Conservation Commission is planning to purchase the development rights to the Ferguson Farm. The amount of money needed from the Land Fund is $50,000.00 (grant match requirement), $6,000.00 (cost of survey) and $2,000.00 (cost of appraisal), for a total of $58,000.00.

    Chris Costantino made a motion to spend $58,000.00 from the Land Fund for the costs relating to the LCHIP grant on the Ferguson property, as explained by Diane above. Sharon seconded the motion and the vote was unanimous in favor.

    The Public Hearing adjourned at 8:32.

  4. Hampshire Hills - Rick Holder, owner of Hampshire Hills Fitness Club, was present to request the commission's endorsement of a restoration plan that has been presented to the state as a result of a wetlands violation in 1996. Mr. Holder and the state are in agreement with all features of the plan, with the exception of how to treat the stump dump that was created in a wetland at that time. The state would like the stumps to be removed and the area revegetated. Mr. Holder claims that a lot of time has passed since the violation and the area is returning to wetland. The area is now wetter than before and the channel is in different place, with the water is flowing around the dump. He would like to leave the stumps in place, mitigate the wetland around the impact and put additional land under conservation easement. He will create a detention pond and treatment swale to allow maximum recharging of the area. Mr. Holder states that the end result would be that there would be more wetland now than there was before. Removing stumps would cause greater damage to the wetland. The state, however, is reluctant to allow someone to violate the regulations and then offer something else in return. They fear a precedent being set in allowing mitigation, rather than remediation, in response to a violation.
Members agreed to view the area in a site walk on Sunday, May 12, 2002 at 7AM. This project will be on the June agenda.

CURRENT PROJECTS:
  1. LCHIP Application status - Judy informed the group that LCHIP requires both a survey ($6000.00) and an appraisal ($2000.00) of the Ferguson property to be done. This expenditure will be voted on in the Public Hearing at this meeting. Interested members can walk with the appraiser during the appraisal. Jennifer expressed interest and will be notified by Judy of the time. The goal is to send the paperwork to the state some time between June 7 and June 10. Mr. Ferguson and the Trombly's would like to close in July.

  2. Hitchiner Pavilion update - Chris C. informed members that she has obtained a plan, which she has submitted to Milford Lumber. Milford Lumber estimates the cost of materials for a 24' x 48' pavilion with a metal roof, trusses with enclosed ends, and concrete pads that the trusses will rest on, to be about $5000.00. Steve Trombly can do the site work for about $1000.00. This site work may be combined with improving the parking lot area. Kent Chappell is willing to lend his backhoe for moving trusses. Funding options were discussed. Chris may reapply to the Marchesi Fund to specify use of the funds for pavilion construction. September 28 is the date planned for the "barn raising". Hopefully all members will be available. Chris also presented a list of needs for member input and/or assistance: holes for posts (Trombly, when doing site work), generator for power tools (National Guard?, Fire Dept.?), 2 teams with leaders, project manager, food for volunteers (breakfast, lunch, dinner depending on when working, Rotary Club?), picnic table builders (scouts?), burn permit, publicity, ladders and scaffolding, first aid kit, port-a-potty, water. She pointed out that the idea is to use the community for the construction of this pavilion. Volunteers can be used at different times of the day(s) on an overflow basis, working on the pavilion first, then the picnic tables, and doing site work.

NEW BUSINESS:
  1. Timber harvest Intent-to-Cut - Diane presented members with a packet of information regarding timber harvesting laws and regulations. She would like to request the Board of Selectmen to give this information to residents who are applying for timber harvests. The landowners would be required to sign a letter stating that they have read the information provided. She explained that the information does not add regulations; it merely explains to the landowner what regulations exist. Rita will e-mail a copy of two letters presented to Hub who will edit and combine them into one letter. She will also find out from the state the minimum size of a harvest that requires an intent-to-cut form.

  2. MCAA fields, North River Road. Diane informed members that there is a need for more parking for the MCAA fields. The owners have spoken with Diane before submitting formal plans and would like to construct a gravel road along the west edge of the fields to access additional parking. Buffer and a small amount of wetland would be impacted. Diane has spoken with a representative for MCAA with regards to a possible trail going through the area as part of the Souhegan River Trail extension The Commission should consider requiring use of a commercially available permeable surface for the road, if they decide to approve the project. Members are asked to go and look at the area. This potential project will be on next month's agenda.

INFORMATION ITEMS:
  1. Diane informed members of a Covert Project workshop that she feels is worthwhile. Jennifer was interested in attending and Diane gave her the brochure.

INTERDEPARTMENTAL REVIEW:
  1. Rotch Subdivision - M/L 5/15, 5/21 - Members agreed that the open space is well designed, with dry access from Melendy and Ruonala Roads. The 200 ft. along Ruonala Rd. will allow the construction of a small parking lot off the road.

There being no further business to come before this meeting, the meeting was adjourned at 9:34 PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, June 13, 2002 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Minutes prepared by Rita Carroll.



MILFORD CONSERVATION COMMISSION

Meeting Minutes of June 13, 2002

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice Chairman
Rodney DellaFelice, Pierce Rigrod, Audrey Fraizer, Sharon Hannan - Full Members
Chris Costantino - Alternate Member

Excused:
Judy Gross

Others Attending:
Nancy Amato - Selectmen's Rep.
Faye Richey - Planning Board
Jennifer Cote - potential new member

The public meeting of the Milford Conservation Commission was called to order by the Chair, Diane Fitzpatrick at 7:07 PM.

MINUTES:
Upon a motion made by Chris C. and seconded by Sharon, the minutes of the May 9, 2002 meeting were accepted as presented. Vote was unanimous in favor of the motion.

OLD BUSINESS:
  1. Hampshire Hills - At the last Conservation Commission meeting Rick Holder, owner of Hampshire Hills, had presented a request for a recommendation from the Commission. He would like a stump dump that was part of a wetlands violation of 1996 to remain in place and asked that a letter of support be written to the state. Members viewed the area in a site walk on Sunday, May 12, 2002 and discussed the issue in a work session on May 23, 2002. They decided not to support Mr. Holder's plan of allowing the stump dump to remain in place, and will not recommend it to the state. The following letter written to Mr. Holder explains the position of the Commission members.

    Mr. Rick Holder
    Hampshire Hills Sports and Fitness Club
    50 Emerson Rd. PO Box 404
    Milford, NH 03055


    Dear Rick,


    At the Commission's meeting of May 9th, you met with us to discuss the remediation plan for the project started on your property, M48/36 & 52, before permits were applied for. Your focus was on the area used as a stump dump where fill was placed directly in a wetland. The members spent some time listening to your arguments and asking questions. You told us the Wetlands Bureau would like to see a total restoration of the area and you would prefer a mitigation plan, constructing a sedimentation basin and creating new wetlands around the eastern edge of the impact. Also during the discussion, setting areas aside under conservation easement was mentioned. On Sunday, May 12th six representatives of the Commission did a site inspection of the stump dump impact area. Those same six people met in a work session on May 23rd to discuss their position relative to restoration verses mitigation. The conclusion of the members was that we heard no compelling reason to leave the fill in place. We would never have considered allowing fill in this area if asked prior to the action taking place. We therefore felt we could not consider allowing it to remain without a compelling reason to do so. The cost of removal was used as the main reason to leave the material in place. In prior situations, the Wetlands Bureau has recommended the Commission not consider cost when making our recommendations and in this case we have no estimate to help make a case. Another reason you gave us for mitigation was the harm that may be caused to the wetlands downstream during excavation of the fill. With properly designed and installed sedimentation and erosion control measures this should not be an issue. The mitigation plan also calls for a large disturbance close to the remaining wetlands and would also need careful attention to erosion control. While the Commission values the protection afforded by conservation easements, the area designated on a preliminary plan dated May 13, 2002, for easement protection, did not include undisturbed uplands of any significant value. The Commission recommended restoration of Impact #E7, the stump dump, at their August 12, 1999 meeting and have not received any evidence to cause us to change our position. If you have anything further to add to our deliberations we would be happy to discuss these with you. Please call if you have any questions, 672-6016.

    Sincerely,
    Milford Conservation Commission
    Diane Fitzpatrick, chair


  2. MCAA fields, North River Road - The need for more parking for the MCAA fields on North River Rd. had been discussed at last month's meeting. Members were asked to view the area. The owners have spoken with Diane before submitting formal plans. In addition to the gravel road along the west edge of the fields, the possibility of leasing land from Steve Trombly upon which to add two soccer fields is being considered. After some discussion members agreed that they are amenable to looking at plans for this project but feel the need for more specific information, such as the exact location of wetlands, proposed drives and fields. Pierce made a motion that MCAA submit further information for discussion, namely with regards to wetland delineation, amount of additional parking desired and justification of additional parking. Hub seconded the motion with the qualification that further information is desired, but at this time engineering is not required. Members were unanimous in favor of the motion. The owners will be invited to discuss the project at next month's meeting. Diane suggested that because of the huge buffer impact, they encourage the use of commercially available pervious alternative surfaces, which hold up better than gravel over time. There is information on such surface materials in the office.

  3. LCHIP Grant status - Diane informed members that the fieldwork for the survey on the Ferguson property has been done. The appraiser will do his work next week.

  4. Holcombe & Trombly Easements, Souhegan River Trail - On May 30 documents were signed granting two easements that form parts of the Souhegan River Trail. The Holcombes granted an easement on a 10-acre parcel, which includes a trail easement. The Trombly's granted a trail easement that runs along the river through four of their parcels and connects Asselin's new subdivision to the MCAA fields. The new parking at the MCAA fields will incorporate the trail into their additional parking plans. The trail is complete except for one parcel, the Henderson Greenhouse lot. The owner is not interested in granting a trail easement along her property in that she plans to construct a house near where the trail would be located. In this case the trail could cross the river and run through the proposed golf course property. However the cost of 2 bridges would be very high. Diane asked members if they agree with her plan to write a letter of thanks for consideration to Mrs. Nilson, owner of the Henderson greenhouses. She would also suggest some alternatives to Mrs. Nilson, namely purchasing the trail easement, constructing a fence along the trail, or locating the trail halfway down the embankment where it would be out of sight. People are crossing this property along the river. The creation of a formal trail with restrictions may discourage ATV's and keep hikers restricted to the trail.

    There are potential costs involved in constructing both this part of the trail and the portion crossing the Holcombe property. (The Holcombe property will require a boardwalk in that it is very wet.) Diane asked members if they would be interested in requesting a $25, 000.00 warrant article for the 2003 ballot, which would be used for the Souhegan River Trail work. This number could be reduced depending on the amount of costs that actually will be incurred. This warrant article would be in addition to another, which would also request $25,000.00 to bring the Land Fund partially up to $50,000.00.

    Members agreed to Diane moving forward with both her letter to Mrs. Nilson and with the warrant articles.

  5. Hitchiner Pavilion update - Chris reported that she met with Steve Trombly who has agreed to do the site work at Hitchiner for $1,195.00. The work includes improving the parking area and the access road and preparing the site for construction of the pavilion. Mr. Trombly would donate his equipment and labor. Costs involved would be for materials and for one other laborer. Chris has applied for a $5,000 grant from the Marchesi Fund for materials. She also pointed out that they would need to hire a contractor to plan and oversee the project. Chris stated that she would draft a memo, to be put in the local newspaper, asking for donations of skilled help with the project. Copies of this memo will be sent to Sharon who will bring it to the Armory and to Celeste Barr who will put it in the Beaver Brook Log. The importance of Commission members volunteering at the construction on Sept. 28 was emphasized.

  6. Ground Water Protection District/Wetland Conservation District - There has been no change since last meeting. Diane or Rita will notify members when it will go before the Planning Board, in case they would like to attend. Pierce mentioned that a maximum impervious surface area value should be set. Diane replied that she, Hub, and Pierce should get together regarding this issue.

  7. Trails Committee update - Sharon informed members that the engineers planning to construct the bridge at Emerson Park have been put on alert and will not be available to do the work. They do have the design and list of materials required which Sharon will pick up from them. What is needed now is the manpower and Sharon will look into the Milford Armory. This project is funded by a National Recreational Trails Fund Grant and needs to be completed by August 31.

    Jan Rogers, Souhegan River Trail Steward, informed Sharon that work needs to be done on a couple of bridges. Audrey's husband will meet with Sharon to discuss the project, coordinate a site walk and set a workday to complete the work. There are 8 volunteers available to work on this trail.

    The beaver bafflers on Melendy Rd. are in need of some work.

  8. Recycling Committee - Pierce told members that the Committee will appear before the Board of Selectmen on Monday evening to present a review of their benefits, plans and concerns. Included in the review will be the possible use of a paper recycling service that recycles all types of paper and utilizes one large container. Also included are concerns for public safety around the Transfer Station, long-term use of the area, and landfill closure issues. 4th grade students have created a "recycling board", which is a collage of their artwork. The brochure for the recycling station is being updated by Celeste Barr. More signs are needed at the Recycling Center for clarification purposes. Bill Ruoff is building recycling containers for 5 or 6 places in town. The programs being introduced and considered by the Committee can save the town money, in that a large amount of money is spent on disposing of waste. Fay Richey asked if there exists a program to recycle plastic grocery bags and was answered that the town does not recycle them, but that Shaw's has a program to recycle their own bags.

  9. UNH Students Inventory Program. Diane informed members that the students in the environmental studies program at UNH are again in need of a project for the Fall semester. Chris suggested that they perform a natural resource inventory in the same area of town on which they did a wetlands inventory last Fall. Pierce asked if students in a related program would be able to perform an informal wetlands delineation on a piece of property, not as part of a state dredge and fill application, but perhaps to evaluate a town piece, for example the BROX property. Rita will e-mail Paul Johnson of UNH with this question and with the request for the natural resource inventory.

NEW BUSINESS:
  1. Summer ConComm picnic - The date for the picnic has been set for August 10th. It will be a pot-luck meal and Diane and Bill will arrange for live music.

  2. Jennifer Cote - Consideration for membership. Jenn has attended several meetings and site walks. She stated that she is interested in joining the Commission because of the many issues that are of interest to her and her desire to be involved in her community. Pierce made a motion to request the Board of Selectmen to appoint Jennifer Cote as a full member of the Conservation Commission. Chris C. seconded the motion and the vote was unanimous in favor.

INTERDEPARTMENTAL REVIEW:
  1. Patch Hill, M/L 9/1, 8/77-1 & 72, 17/12 - members reviewed this plan for an open space subdivision just north of Mayflower Forest. There is interest in the open space providing a trail connection from Mayflower Town Forest to Amherst. Members would like to attend the Planning Board's site walk of this project. Rita will notify them of the date and time.

INFORMATION ITEM:
The Planning Board approved the Rotch plan, a 6-lot subdivision on Rt. 13 and Ruonala Rd., M/L 52/18. 40 acres will be conserved as open space. Ownership of the open space needs to be discussed.

There being no further business to come before this meeting, the meeting was adjourned at 8:55 PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, July 11, 2002 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Minutes prepared by Rita Carroll




MILFORD CONSERVATION COMMISSION

Meeting Minutes of July 11, 2002

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice Chairman
Rodney DellaFelice, Pierce Rigrod, Audrey Fraizer, Sharon Hannan, Jennifer Cote - Full Members
Chris Costantino, Judy Gross - Alternate Members

Others Attending:
Bill McKinney, Russ Monbleau, Reggie Walker - representing MCAA fields

The public meeting of the Milford Conservation Commission was called to order by the Chair, Diane Fitzpatrick at 7:05 PM.

MINUTES:

Upon a motion made by Chris Costantino and seconded by Sharon, the minutes of the June 13, 2002 meeting were accepted as presented. Vote was unanimous in favor of the motion.

APPOINTMENTS:
  1. 7:15 - MCAA fields, North River Rd. - M/L 8/11 - Bill McKinney and Russ Monbleau presented a preliminary plan to create additional parking at the MCAA fields on North River Rd. Mr. Monbleau stated that parking has always been a problem that may worsen in that land across the street and to the east of the property will no longer be available for overflow parking. Fields are not used to their capacity because of the parking situation, causing decreased revenue from concession stands. The need for more fields in town will increase due to the temporary closing of Keyes fields and Adams field. The MCAA would like to use a field in the northwest corner of the property to park approximately 80 cars. They would need to access this field with a road entering the area from North River Rd. crossing some wetlands and buffer. The road would be 20 ft. wide with a gravel surface. It would cross in an existing footbridge location and would be usable as part of the Souhegan River Trail. It would impact wetlands near the entrance on No. River Rd. and where the existing footbridge is located. Impact is estimated to be a few hundred sq. ft. of wetland and about 500 sq. ft. of buffer. They have been unsuccessful at obtaining access through 2 lots on the west side of the property. Crossing through the landfill, although discussed, is considered impractical. Without removing existing playing fields or crossing abutters' property, this proposal is the only way to access the back field for parking. Russ also mentioned that the current drive into the existing parking for the fields is in a dangerous location on North River Rd. due to the poor line of site. Before spending money on formal engineering, MCAA would like the opinion of the Commission with regards to this project.

    Members agreed that as presented they would support this project.

  2. 7:45 - Richard and Jayma Walker -M/L 5/4-18 - discussion of D&F application to be filed for driveway construction and lot development. Mr. and Mrs. Walker did not appear at this meeting and have not as yet filed a D&F application. Discussion of this project will be postponed until the Walkers have filed an application or contacted the office.
OLD BUSINESS:
  1. Patch Hill Development - M/L 9/1, 8/77-1, 8/72, 17/12 - update on Planning Board site walk of June 24. This is a conceptual plan for a 36 lot subdivision that will be presented to the Planning Board on July 16. The plan is to construct two roads, one running from Rt. 13 to Falconer Ave., and the other a dead-end road that crosses wetlands. Another subdivision is planned between this and Mayflower Town Forest. Diane, Sharon and Audrey attended the Planning Board's site walk on June 24 for this project. Many neighbors attended the site walk mainly due to concerns regarding traffic, in that the new road would allow cars to by-pass the Oval.

    There are two main concerns of the Conservation Commission. The proposed dead end road crosses a wide wetland with intermittently flowing water and evidence of wildlife. The impact to this wetland would be huge in that the slopes on the side of the wetland are steep. Wildlife would need to pass through the area. The point was made that this wetland is considered to be as valuable as wetlands that have been protected in the past. Mr. Charles Zahn's request to fill wetlands on Rt. 13 was denied by both the Commission and the State. This wetland appears to be as functional, as wet and as beautiful; it should likewise be protected. In a memo to the Planning Board the Commission will request that the builders construct something that would be adequate to leave the wetland undisturbed, in that it is a functional wetland with flowing water and aesthetic value. The ability of wildlife to pass through the area should be maintained.

    Also of concern is the potential fragmentation of a wildlife corridor that would be the result of the road connecting Rt. 13 to Falconer Ave. The suggestion was made that this road dead-end in both directions, allowing wildlife to still pass through the area. The lots would remain available and the traffic issue would be resolved. Underground utilities should satisfy the safety concerns of the fire department.

    Diane will write a memo to the Planning Board stating the above concerns and suggestions, in time for their meeting of July 16. Some members will walk the site on Sunday morning at 7AM to view the area in anticipation of a D&F application.

  2. Hitchiner Pavilion update - Chris Costantino informed members that she is in the process of looking for a contractor to oversee the volunteers during construction of the pavilion and to also set the posts. The date of construction is planned for Sept. 28. Members discussed who could be contacted for the work and how to set the posts. Suggestions for potential contractors can be e-mailed to Chris.

  3. Ground Water Protection District/Wetland Conservation District - Diane, Pierce and Hub have been working on drafting a "Groundwater Protection District" to replace the town's current "Aquifer Protection District." They presented members with a Groundwater Protection district map that more clearly shows the areas in town that would be protected by this ordinance. This map was created to eliminate confusion that was experienced in the past as to the exact location of the aquifer. The shading shows two levels of protection. Level 1, which includes the high transmissivity areas and the wellhead protection radii, protects the area by prohibiting certain uses. Level 2, covering the lower transmissivity areas, deals mainly with stormwater treatment requirements. This map along with the wording of the new ordinance will be presented to the PB on Aug.6. Hub suggested the need to be more explicit with regards to what is protected by the ordinance. Are wetlands or surface waters that are adjacent to or partially included in the shaded (protected) areas on the map protected under the ordinance? Also discussed was clipping the map to show only the Town of Milford and including the Fish Hatchery on the key.

  4. Recycling Committee - Pierce informed members that the Selectman gave their consent to enter into a contract with North Shore to establish a mixed paper collection program that will utilize a portable compactor, which can be moved if the transfer station needs to be closed. The program is planned for initiation on Aug. 1st, contingent upon electrical work required to place the compactor. Between now and then the public will need to be informed of the new program and the committee is seeking help in distributing brochures. They are in contact with the Rotary Club and the High School. If anyone knows of anyone or would like to help, they can call or e-mail Pierce.

    The Recycling Committee meets once a month. They can be contacted through Pierce's e-mail if there are issues that residents would like to see addressed.
NEW BUSINESS:
  1. Summer ConComm Picnic - Diane reminded members that the summer picnic will be held on August 10 starting at 1 PM. She will e-mail directions to anyone who needs them.

  2. Concomm Database - The database was discussed with members making some suggestions for fields that should be included. Audrey and Sharon are familiar with Microsoft Access and may be able to help Rita with a problem she is experiencing. Rita will e-mail a small sample database that she has created.
INTERDEPARTMENTAL REVIEW:
  1. James & Elaine Clark - Foster & Federal Hill Rd. - Map 56, Lot 58 - A minor subdivision (one 34 acre lot into two lots, a 26 acre + an 8 acre). Members had no comment on this project other than to be aware that repeated subdivisions such as this on a lot could allow builders to avoid the open space requirement.

  2. Aubrey Barrett/NPC Acquisition Corp. - Elm St. - Map 7, Lot 10 and Map 18, Lot 5-1 - Lot line adjustment to add 4 acres to the Barrett lot, 7/10, in anticipation of the future golf course. Members were informed that the EPA and DES have concerns about the proposed irrigation ponds that would be excavated to the groundwater. Drawing water from the ponds may affect the clean-up of the Hitchiner site by moving the plume. Diane will obtain more information from the EPA regarding this issue, and may recommend to the Planning Board that the ponds not be constructed until the clean-up of the site has been completed. This parcel will come under the Shoreland Protection Act and will need to maintain a 50 ft. buffer.

  3. Michael Ciardelli/Ciardelli Fuel Co., Inc. - 465 Nashua St. - Map 32, Lot 24-3 - Site plan for a 40x40' addition to existing building for shop/storage. Members had no comments regarding this project.

There being no further business to come before this meeting, the meeting was adjourned at 9:20 PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, August 8, 2002 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Minutes prepared by Rita Carroll




MILFORD CONSERVATION COMMISSION

Meeting Minutes of August 8, 2002

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice Chairman
Rodney DellaFelice, Pierce Rigrod, Audrey Fraizer, Sharon Hannan, Jennifer Cote - Full Members
Chris Costantino, Bob Walsh - Alternate Members

Excused:
Judy Gross

Others Attending:
Nancy Amato - Selectmen's Rep.
George Infanti - owner of Lot 8/54-1
Nate Chamberlin - Meridian Land Services, representing George Infanti
Jan Painter, David Ballou - abutters to 8/54-1
Earl Sandford - Sandford Surveying and Engineering, representing Patch Hill Development
Harold Wing - Patch Hill Development

The public meeting of the Milford Conservation Commission was called to order by the Chair, Diane Fitzpatrick at 7:05 PM.

MINUTES:
Rod made a motion to accept the minutes of the July 11, 2002 meeting with the following amendment: The second sentence of line 40 was removed. The paragraph now reads, "Members agreed that as presented they would support this project." Chris Costantino seconded the motion and the vote was unanimous in favor.

APPOINTMENTS:
  1. 7:15 - George Infanti - owner of Map 8 Lot 54-1, Rt. 13 north across from Lorisa Lane. Minimum Impact Expedited Application - 2267 sq. ft impact for driveway crossing to access upland for 13 buildings w/ 258 self-storage units. Nate Chamberlin presented a plan for this project. He proposes a 30" culvert to access dry land upon which the units will be constructed. 7990 sq. ft. of buffer and 2270 sq. ft. of wetland would be impacted. The drive would be located partly on and slightly north of an existing woods road. There is currently a 15" culvert across this woods road, which is inadequate for the water flow. Water runs over the road periodically. The proposed drive is located in the narrowest part of the wetland, where the line of site onto Rt. 13 is best and where it will avoid a culvert crossing Rt. 13 and a telephone pole. Stormwater collection will be in the form of sheet flow to a collection swale or detention basin; then to treatment swales before being discharged to a wetland.
    Mr. Infanti owns both this lot and lot 8/48. 8/48 is on North River Road and is likewise used for self-storage. Members questioned why the access to this lot, 8/54-1, could not be through 8/48, if both lots are owned by the same person and used for the same business. Mr. Infanti would like to keep the two lots separate, in case in the future one would be sold. He also stated that Rt. 13 provides better frontage in that it is a commercial road and is better suited for traffic than North River Road. The point was made that the state allows access through a wetland to a buildable part of a lot. The fact that the same person owns the two lots does not change the fact that these are two separate lots.
    The plan provides 47% open space on the lot. Some discussion centered on whether or not it would be advantageous to use crushed stone in some of the driving areas of the lot. The plan now shows pavement.
    In response to Rod's concern with potential leaking of contaminants from something stored in one of the units, Mr. Infanti was amenable to asking users to place a tarp on the floor if they are storing a motor vehicle of any sort.
    Flooding issues were discussed. Two abutters were present to express concerns. Jan Painter lives across Rt. 13 from this lot and questioned whether removing trees and impacting the wetland would affect drainage from Lorisa Lane through the culvert under Rt. 13. If the proposed driveway's culvert were not adequate in a 25- or 50-year storm, would hers and neighbors' properties flood? Mr. Chamberlin answered that his calculations took into account 10, 25, 50-year storms as per town regulations. He also stated that the outflow of the culvert under Rt. 13 is above the low point of the proposed drive. If any flooding were to occur, it would be over the drive, not the other side of Rt. 13. Mr. Daniel Ballou questioned whether the increase in the size of the culvert across the proposed drive would increase the flow of water to his property, which is downstream. Mr. Chamberlin answered that according to his calculations for a 10-year storm it would not. Pierce asked if there was a note on the plans stating that discharge pre and post development would remain the same. Mr. Chamberlin stated that there is no note regarding this; it is not required by the Town. He stated that in the existing situation water flows over the low woods road in all storms. This flow is faster than the flow would be through a 30" culvert. He said that no more water would flow to Mr. Ballou's yard post development.
    Members scheduled a site walk to view the area on Monday, August 26 at 5:30 PM. They requested that the impact areas be flagged.

OLD BUSINESS:
  1. Patch Hill Development - M/L 9/1, 8/77-1, 8/72, 17/12 - Diane, Sharon, Audrey, Hub, Rodney, and Jen viewed the site. Plans are being revised to address concerns of abutters (traffic flow), Conservation Commission (large wetland impact, wildlife corridors) and Fire Department (access to neighborhoods). The Conservation Commission had reviewed this plan at their July 11, 2002 meeting and recommended to the Planning Board that the crossing, on 'Road B', the north-south road, be modified. They requested that the area be spanned in a way to allow wildlife to pass. There were also concerns with the crossing of on 'Road A', which runs east-west. Abutters were concerned with traffic flow through the area and the Commission was concerned with the fragmentation of a wildlife corridor. The original plan showed 'Road A' as being a straight road running from Rt. 13 to Falconer Ave. At this meeting, potential alternative layouts of this road were shown, namely: a "zig-zag" access from Rt. 13 to Falconer, roads ending in cul-de-sacs with no access through, and cul-de-sacs with only an emergency gravel road accessing through.
    The method that the large wetland area on 'Road B', the north-south road would be crossed was discussed. The road has been lowered to lessen the impact. Mr. Sandford proposes a significantly oversized culvert, which would be sunk slightly into the ground to allow the bottom to silt over. He claims the 4 ft. culvert would be less expensive than a box culvert and would accomplish the same task of allowing wildlife passage. The 90 ft. length of the tunnel could inhibit passage of animals, however. Members suggested construction of headwalls as a way to shorten the length of the tunnel. Also suggested was locating the road slightly uphill of the current location. Although the crossing would not be at the narrowest part of the wetland, the tunnel may be shorter and the impact may be less due to a decreased amount of fill required for a lesser slope. Members also asked to be informed of the approximate cost of constructing a bridge, in order to make a more reasonable decision regarding this crossing.
    Pierce commented that large developments should be held to a high standard in maintaining the ecosystem into which they are building. Engineers should come to the Commission and tell the members how they will do that. Diane informed members that she is working on scheduling a meeting regarding this project between Conservation, Code Enforcement, Fire and Highway departments in order to come up with designs that are acceptable to all departments.

  2. Hitchiner Pavilion update - Chris Costantino informed members that she has been discussing this project with a member of Habitat for Humanity. She is also looking for a plan for the pavilion. She has been calling towns and parks that have existing pavilions and checking the Web for sources of written plans for no cost. It was suggested that she look into log home companies, such as Ward Log Homes to see if they have anything useful for this project. Members discussed the possibility of postponing this project until the spring, but decided that it would be best to do as much work as possible this fall. The site work could be done now and the construction could be done in October or in the spring.

  3. Ground Water Protection District/Wetland Conservation District - Diane informed members that she met with the Planning Board on August 6. She explained that currently site plans are required to provide only 30% greenspace. 70% of a lot can be paved. The Groundwater Protection Ordinance that is currently being drafted will only allow 40% of the lot to be impervious as opposed to 70%. The Stormwater management plan that was done for the town by CEI showed how much in each watershed is impervious, and what the forecast would be. Research has shown that if you have 10% impervious the quality of the run-off is beginning to degrade. When you get to 30% impervious surface area, you are really in trouble. Armed with this information, the Planning Board is in favor of the new requirement that allows only 40% of a lot to be impervious.

  4. Recycling Committee - Pierce reported that the Mixed Paper Recycling program is moving along. Power will be there by Sept. 1, and the unit by Sept. 4. They plan to update signs in the transfer station and replace the corkboard of children's artwork with one of Plexiglas that will keep the work dry and protected. Recycling containers will be permanently placed in various spots around town by early fall. Education about the program will be in the form of brochures, articles in the paper and postings around town. North Shore, the company doing the mixed paper-recycling program, is donating money that will pay for 4-5 signs about the program. Volunteers are needed to hand out recycling information at the transfer station. Signs may be placed over different containers informing residents of the cost to the town of disposing paper in one vs. another. After the mixed paper recycling is running in the fall, the committee plans to begin work on recycling of construction materials.

NEW BUSINESS:
  1. Drainage & Wetland impact issues - Foster & Ponemah Hill Roads - There have been several complaints about flooding and siltation problems during the construction. The owner of 53/34-5 feels that the conservation easement on his property has been violated. Foster Rd. washed out earlier this summer causing a lot of silt and gravel to be dumped into the area. The owner claims that the clean-up was not adequate. Across the street a stream and pond were silted up and Arlington Development was required to repair the impact. Members will view the area on Sat., Aug 31 at 8AM. Diane will call both owners.

  2. Trail improvement grants - Work for the Recreational Trails Program Grant that will fund the connection of Emerson Park to the Stage Festival is almost complete. An additional grant is being applied for, to improve the access from the swinging bridge down to the town land alongside of McLane Dam. Diane has been in contact with Don Boggis who is resubmitting an application to the Land and Water Conservation Fund for this grant. The trail will be universally accessible because it is near senior housing.. The seniors who reside in the community abutting the bridge may do a fund raiser to provide matching funds for the grant.

  3. Budget & Warrant for 2003 - Diane asked members to think about how much they would like to ask the Selectmen to support on a warrant article to replenish the Land Fund. As the importance of source water protection becomes more apparent, the town may want to take a more proactive approach to land protection. This is something that should be discussed with the Board of Selectmen.

  4. Hitchiner Town Forest - Sharon informed members that there are trashcans at Hitchiner Town Forest that have been used as fire pits. She feels that these should be removed. Rita will e-mail DPW to ask them to remove the pails. Chris Costantino stated that Steve Trombly would be willing to mow the brush at Hitchiner Town Forest. Rod made a motion that Trombly be contacted and allowed to do the work. Chris C. seconded and the vote was unanimous in favor.

INTERDEPARTMENTAL REVIEW:
Plans will be reviewed in the office next week.

There being no further business to come before this meeting, the meeting was adjourned at 9:53 PM.
The next regular meeting of the Conservation Commission is scheduled for Thursday, September 12, 2002 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.
Minutes prepared by Rita Carroll


MILFORD CONSERVATION COMMISSION

Meeting Minutes of September 12, 2002

Present:
Diane Fitzpatrick, Chairperson, Hub Seward, Vice Chairman
Rodney DellaFelice, Pierce Rigrod, Audrey Fraizer, Sharon Hannan, Jennifer Cote - Full Members
Judy Gross - Alternate Member

Excused:
Chris Costantino

Others Attending:
Nancy Amato - Selectmen's Rep.
George Infanti - owner of M/L 8/54-1
Jan Painter - abutter to M/L 8/54-1

The public meeting of the Milford Conservation Commission was called to order by the Chair, Diane Fitzpatrick at 7:00 PM.

MINUTES:
Upon a motion made by Hub and seconded by Sharon, the minutes of the August 8, 2002 meeting were accepted with the following change: In reference to viewing the Patch Hill development site the words "on July 13" were removed from line 76. The vote was unanimous in favor of accepting the amended minutes.

NEW BUSINESS:
  1. James and Brenda Murphy - Request to remove tree from Mayflower Town Forest. The Murphy's sent a letter to the Commission requesting permission to have a tree taken down that is located in Mayflower Town Forest. The tree is a large oak that would block the signal of a satellite dish the Murphy's wish to install on their house. Hub had visited the Murphy's and viewed the area. Members discussed the request and felt that it is not a good precedent to be cutting down trees on town land. They would like the Murphy's to look into the option of locating the dish elsewhere and to report to the Commission if that is possible. If the tree were cut down, members agreed that it should be left on the ground as a benefit to the wildlife habitat.

APPOINTMENTS:
  1. 7:15 - George Infanti - owner of Map 8 Lot 54-1. The site walk for this project was attended by Rod, Hub, Chris C., members of Planning and Zoning, and abutters. Hub stated that the existing woods road is creating a vernal pool. There now exists moist, cracked mud in the area. It looks like there is standing water during some parts of the year. 100 to 200 sq. ft. of 2" deep water could exist before flowing through the culvert. Hub suggested that to maintain the hydrology of the area when constructing the new drive a 12" to 15" culvert be put in at the same level as the existing culvert and a 30" culvert be located 6"-8" higher. Hub also mentioned that although the entrance drive is not located where the woods road is now, the outlet of the new culvert would be in the same location as the existing culvert because the proposed drive is wider that the woods road.
    In a letter to the engineer on the project, the state requested more information with regards to the potential changes to the hydrology of the ponded area on the north side of the drive. Also requested by the state was the construction of detention ponds, although the plans appear to show detention ponds. Members suggested that Mr. Infanti remove two units from the third building on the south side of the project. Removal of these two units would eliminate paving in the buffer. There would still be fill in the buffer area. Mr. Infanti agreed to remove the units from the plan. Members also suggested that the stump dump be located 75 feet away from the wetland, to which Mr. Infanti agreed. Hub made a motion that the application be approved with the addition of two provisions; one being that the ponding that now exists upstream of the drive be maintained. The other provision is the removal of two units from the south end of the third building on the south side of the project. (The third building on the left as you would drive in). Rod seconded the motion. Pierce abstained from the vote. All other members present voted in favor of the motion.
    Notes taken from the site walk of August 26 are included at the end of these minutes.

OLD BUSINESS:
  1. Recycling Committee - Pierce informed the group that the container for recycling paper is in place at the transfer station and is being used by the public. There are some things being thrown into the container that don't belong, such as plastic bags, but Pierce feels in time residents will learn more about what is acceptable to dispose of in this program. Signs are being posted with "do's" and "don'ts". There are plans for a permanent display board for public education that people can view as they drive in and are waiting in line. Glass sorting may be done by the public in the future. Overall, Pierce anticipates the town residents doing more and more recycling and saving more money for the town. There will be a large recycling container available for use during the Pumpkin Festival. It will be located near the vendors.

  2. Drainage & Wetland impact issues Foster & Ponemah Hill Roads - update on site walk of August 30. Audrey, Sharon and Chris C. attended the site walk. Rod and Hub viewed the site at a later time. Members discussed the problems that the abutters are having with many issues, namely drainage, siltation into wetlands, and removal of stone walls. Members are aware that Kevin Lynch has been monitoring the situation, and has required the builders to repair a number of impacts. Concern was expressed with the fact that the boundaries of the conservation easement may be changed, turning some of it into a drainage easement. Also expressed was the fear that the developer could walk away without repairing the damages and wetland impacts. At the site walk members observed damage to trees and to the wetland caused by heavy machinery used to remove silt. It was suggested that Kevin be asked to caution people not to use heavy machinery in wetlands. The main concern was stated to be the water flow. Whether there was a plan to show where all the water will end up when the project is finished was asked. Diane pointed out that when reviewing large subdivision plans the Commission should consider whether or not there is adequate open space set aside to absorb the drainage. Originally Arlington was not going to use Foster Rd. as part of the subdivision. Now that Foster Rd. will be developed there is nowhere for the water to go. Members expressed confidence in Kevin's handling of the situation and wish to remain informed in terms of the conservation easement protection.

  3. Patch Hill Development - M/L 9/1, 8/77-1, 8/72, 17/12 - Members reviewed plan options A, B, and C for this development, along with a price quote for bridge construction. They agreed that a bridge with a 20 ft. span would be a reasonable alternative to one very long culvert that would inhibit wildlife passage. A bridge this size is long enough to maintain the wildlife corridor and would cost about $56,000.00. After reviewing the three options for road layout in the development, members felt that 'Option C' was the most desirable. Options A and B connect Rt. 13 to Falconer Ave. and fragment open space. Option C makes the connection with an emergency access road only. A porous material that would support fire trucks and emergency vehicles, for the surface for this access road would be something worth researching and suggesting for use by the town. It could function to minimize wetland impact, maintain the wildlife crossing and demonstrate to developers its advantages. Rita will look into various vendors to see if there is a business in the area that has used any of these materials, such as "Grass-pave" or "Uni-Blocks". Members felt that it would be desirable to have the access road deeded as open space and be utilized as a hiking trail, providing public access to the open space. There is concern of the Fire Department that abutters to the emergency access road could encroach upon and possibly block the emergency access road, however this particular road has only one abutter. Another concern expressed is that the road could be used as an ATV access. The Commission wishes to make this road part of the town's trail system. A trail steward would be assigned to monitor the road for any encroachment or damage issues. If the road becomes part of the town's trails, a small parking area may be desirable.

  4. Ground Water Protection District/Wetland Conservation District - Diane informed members that the Planning Board accepted the recommended changes to the Wetland Conservation District for 2003. Wetlands associated with an existing list of brooks and ponds that have a buffer requirement of 50 ft. would now also have the 50 ft. protection. The wetlands associated with a stream would be given the same protection as the stream. There will also be a 100 ft. buffer required for bogs and fens. Lastly, anyone needing to file a standard D&F application will be required to appear before the ZBA. The regulation is now that if there is an impact of greater that 3000 sq. ft. a variance is required. Some impacts that are less than 3000 sq. ft. but involve a stream or other significant resource currently do not require a variance. If the revisions are approved by voters, all impacts requiring a standard D&F app. will require approval by the ZBA. The Groundwater Protection District is not yet completed and will be presented to the Planning Board in October.
    The Board of Selectmen has approved the operating budget for the Commission. Money for the Land Fund has not yet been requested.

  5. Trail Improvement Grant - McLane Dam access trail. Diane informed members that a member is needed to work with Don Boggis, who is completing an application for a grant from the Land and Water Conservation Fund to create an access trail from the swinging bridge to McLane Dam. He has spoken with representatives involved with the grant who seem very much in favor of the project. The application is due Nov. 1. Mr. Boggis has an architect and the senior citizens living in the community across the river from the trail may do a fund-raiser to raise funds for the matching part of the grant. Hub volunteered to be the point person on this project. Rod offered to help also.

  6. Hitchiner Pavilion update - In e-mail to the members, Chris Costantino stated that she has been able to contact the contractor for the project, Keith Carmen. He has looked at the plan for the Ellacoya State Park Pavilion, which Chris had obtained at the park. The 24' x 36' design will be extended to the 48' dimension originally planned for. Chris plans to lay out the stakes for the corners and posts and hopes that Steve Trombly will get to the site within the next week. She then plans to lay the sona tubes at the stakes which Keith Carmen will take laser sites of. She is looking for donations of cement. Keith Carmen has generated a list of materials, which Chris will order at Milford Lumber. A plywood, shingled roof will be used for construction, which is what the plan calls for and what the contractor prefers. September 28 is still the day planned for construction and the number of volunteers available for that day needs to be obtained. At the Concomm meeting, Judy updated members on these issues. She was told that Peter Leishman is the person to contact with the amount of concrete needed and the time when it is needed. Sharon, Jenn, Rod, Audrey, and Nancy are available for Sat., Sept 28. Judy will e-mail members with how many people are needed for the construction after she or Chris find out from the contractor.

INTERDEPARTMENTAL REVIEW:
  1. Pratt/Beauregard - Mason/Wolfer/Mile Slip Rds. - 80-lot open space subdivision - Map 50, Lot 1 and Map 45, Lots 2, -3, -17 and -20. " The Commission would like to see a conceptual plan that shows a standard subdivision on this property with 2 acre lots, 200 ft. frontage and roads not exceeding 6% slope."
  2. Dartmouth Hitchcock - 14 Armory Rd. - Map 48, Lot 2 - Public Hearing for the construction of a 2000 SF addition - new application
  3. Tupper/Perham - Ponemah Hill Rd. - Map 48, Lot 74 - Public hearing to subdivide one lot of 13.20 acres into two six + acre lots - new application
  4. Warwick/Doherty - Annand Drive - Map 52, Lots 95-17 and 95-18 - Public Hearing for a Lot Line Adjustment for a transfer of 8,983 SF - new application
    Members had no comment on the above plans with the exception of the Pratt/Beauregard plan. Comment for Pratt/Beauregard is in quotes.

There being no further business to come before this meeting, the meeting was adjourned at 9:15PM.
The next regular meeting of the Conservation Commission is scheduled for Thursday, October 10, 2002 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.
Minutes prepared by Rita Carroll

Infanti site walk 26 August 2002. Proposed development of up to 258 rental storage units on Mont Vernon Street.
In attendance: Rod, Hub, Chris C.

Hub's comments:

There will be a wetland crossing near an existing old woods road. The new driveway will be a few feet upstream (north) of an existing culvert so that the outlet of the new culvert will be approximately where the existing outlet is. I observed a moist but cracked mud area north of the old culvert which appears to have been standing water most of the year. Downstream (south) is a dry stream bed of small rocks and gravel. The old culvert is a 15 inch diameter concrete pipe a few inches above the mud level. There is also evidence that water flows over the road when rain provides more water than the culvert can handle. Most of the mud area will be covered by fill for the new driveway. I estimate that at least 50 and perhaps up to several hundred sq. feet of open water would accumulate before water flows through the culvert. This would be only a few inches deep for most of the area with about 12 to 15 inch depth for about 10 sq. feet. Perhaps the new culvert should be elevated somewhat in order to create a seasonal pond of similar size to the existing pond. This would appear to be a vernal pond located in an intermittent stream bed. I am not familiar with how the ecology of this would be similar to or different from a vernal pond with little or no flow or outlet. This has been a very dry summer. Perhaps this pond has water for a longer time in a typical year. What would be the ecological impact of digging up or filling over such a pond and damming up the intermittent stream in hopes of creating a similar pond in the wetland upstream. of the current one? The hydrology of the local watershed seems to be a series of natural wetlands and small detention ponds created by other roads or driveways crossing the intermittent stream channel built and modified at unknown times over the past 300 years. Other crossings now have 36 inch culverts, but may have been similar to this one. The current flow conditions at the site are created by the too small 15 inch culvert and flow over the old road at a level perhaps I0 inches above the bottom of the culvert. If this condition were to be simulated, perhaps there should be a 15 inch culvert 6 to 8 inches above the natural stream bed level and another two or three 15 inch culverts located 10 to 12 inches above the first. All culverts should exit at the natural steam bed. The proposed driveway is to be about 4 feet higher than the existing one. There will be some impact to the wetland buffer areas for drainage swales which will be seeded with grass. A small portion of pavement within the buffer could be avoided by reducing one building by two units. It was suggested that the use of pervious structures rather than asphalt or gravel be used for the parking and lanes between the storage buildings. Asphalt may be acceptable for the access driveway.

Rod's comments:
  1. There is a small stump dump by the most inward area of the inland buffer wetland impact. I believe within less than thirty feet from the wetland. I was told this would be removed. I'd like that to be reflected in the application even though the plans require a change in the current topology of that area.
  2. The first wetland crossing, whether modified as Hub suggests or not, needs to be done as we cannot deny a person access to their land. Due to the closeness to the land boundary, at the crossing, the road will be move away from the boundary so as to not impact the neighbor. This makes the impact larger. I think this should be a point of discussion. The neighbor may be willing to grant an easement so this crossing impact will be lessened. This is an after thought on my part, and has not yet been mentioned to any of the parties involved.
  3. There are two units by the second impact area that cause the roadway to impact the wetland area. George was agreeable to deleting these two units. To be clear I am defining a unit as a separate storage room, not a building.
  4. The question of what to cover the roadway with was mentioned by Chris. Currently the plan is some sort of hard top. Chris mentioned that the newer, more pervious materials don't pose plowing problems. I seem to recall Diane sending out an email on this subject.






MILFORD CONSERVATION COMMISSION

Meeting Minutes of October 10, 2002

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice Chairman
Rodney DellaFelice, Pierce Rigrod, Audrey Fraizer, Jennifer Cote - Full Members
Chris Costantino - Alternate Member

Excused:
Sharon Hannon, Judy Gross

Others Attending:
Nancy Amato - Selectmen's Rep.
Bob Hall - interested citizen
Walter Young - custodian for Town Hall
Mike Trojano - Milford High School
Bill Davidson - Meridian Land Services

The public meeting of the Milford Conservation Commission was called to order by the Chair, Diane Fitzpatrick at 7:05 PM.

MINUTES:
Upon a motion made by Pierce and seconded by Audrey, the minutes of the September 12, 2002 meeting were accepted as presented. Vote was unanimous in favor of the motion.

APPOINTMENTS:
  1. 7:30 -Milford High School M/L 28/1 - proposal for parking lot expansion. Mike Trojano of Milford High School, and Bill Davidson of Meridian Land Services were present to ask the Commission's opinion of an informal plan to construct a parking lot in a wetland area of the high school's property. There is a need to increase the parking for the school and a few areas on the lot are being looked at. Cars are now parallel parking along West St. There is currently a proposal for the town to add spots by constructing head-in parking spaces approximately half way down West St. In addition, the high school would like to construct a parking lot for approximately 90 cars in a wetland located in the northwest corner of the property. They also propose parking for about 40 more cars in a small area on the west side of the property in a dry area. The 90-car parking lot would require fill in the wetland and a closed drainage system.

    Members informed Mr. Trojano and Mr. Davidson that this project would not be recommended by the Commission and would probably not be permitted by the state. Filling of a wetland to access a dry area on a site is often allowed; however fill to create a buildable area is usually not. Whether or not additional parking for students would be considered a true need was questioned. The state also requires that all alternatives be considered. Various locations on the site that could be used for parking were discussed. Because of fields that are currently used on the property and the grading of the land, there were few possibilities. Use of alternative surfaces (pervious, such as grass-pave) for the parking would still impact the wetland. The suggestion was made of parking on the practice field next to West St. and creating a practice field in the wetland. However the wetland would still be destroyed. Use of a closed drainage system would probably not be recommended by the Planning Board, in that it is better for water to be treated on site rather than to be removed from site in pipes.

    Members agreed that that best plan would be to continue the head in parking all the way down West St. and to cut into as much of the practice field along West St. as possible without losing the practice field. The proposed 40 car parking area along the west side of the property, on dry land, poses no problem.

    Mr. Trojano also asked the opinions of the members regarding improvements for drainage on the site. Drainage of water from that site has been of some concern to the abutters. Water flows mainly in two directions, to the north in the front of the school and to the east toward George St. Ideally water should be directed to the south end of the property where there is a drainage wetland, and a small man-made wetland area that could be made into a detention basin. However due to the elevation changes, it would not be possible to have the water flow there. Replacing existing pavement with Grass-pave would cut down on some drainage, but due to the nature of the soils (not A soils) the decrease in drainage would not be as much as the specifications state. There are plans to construct a track on the site, which will have a drainage system flowing to the south. The building itself is a large percentage of the impervious surface on the site. A suggestion was made to increase the outlet pipes of the future track and redirect roof drainage of the High School to the drainage system around the track.
OLD BUSINESS:
  1. Recycling Committee - Wally Young, nighttime custodian for the Town Hall, was asked by Diane if the offices in the Town Hall are using the mixed paper recycling program. Wally answered that unlike in the past, he is seeing paper clips, staples and cardboard being mixed in with many different types of paper, including computer print-out paper, for which the most money is returned when recycled. Pierce informed him that with the new program many items such as paper clips and staples are acceptable. He explained that the town receives no revenue from this program, but more money is saved because of the decreased disposal costs. Brochures are obtainable in the Town Hall and at the Recycling Center describing what is and is not recyclable in this program.

  2. Charles Zahn- M/L 2/28 - discussion of revised plans - Diane read a letter from the engineer on this project to the inspector at the Wetlands Bureau, Frank Richardson. The engineer states that all areas of concern were addressed. Culverts are increased in size to provide self cleaning capability. A bottomless arch is proposed to cross the brook. The width of the drive has been reduced to 8 ft. The words "For a single unit dwelling only" are included on the plan for lot 2/28-2. Diane stated that she spoke with Frank Richardson and said that the crossing (drive) still shows access to two lots, which could allow for subdivision of lot 2/28 and an increase in the size of the crossing. Although the words on the plan indicate single residence only, in future years, this condition could be overlooked. Diane also stated that right now this plan is unacceptable to the Planning Board in that it is a private way accessing two lots that would be a result of a subdivision that has not yet occurred.

    Members agreed that the concerns of the Commission remain the same as stated in their recommendation letter to the state sent in May of this year. The future expansion of the access road is of great concern. There is no way to guarantee that the access will remain for only one lot. The proposed access drive lies directly on the lot line between 2/28 and 2/28-1, and therefore accesses both lots. The crossing should be located on one lot only and the single residence stipulation should be included in the deed.

  3. M/L 9/13 - James and Brenda Murphy. Request to remove tree in Mayflower Town Forest. The Murphy's had requested that the Conservation Commission allow them to have a tree taken down that would block the signal to an antenna they plan to install on their house. The tree is located in Mayflower Town Forest. Members discussed this request at the Sept. meeting and asked that the Murphy's look into relocating the antenna as an alternative to removing the tree. After speaking with Hub, the Murphy's called the office and stated that they now plan to locate the antenna on the roof of their house. There will be no longer be a need to have the tree removed.

  4. Ferguson easement update - Diane informed members that everything is ready for the closing to take place on the LCHIP grant, which includes the Ferguson land and Trombly easement. The closing will take place on October 15, pending results of a water test on the property required by the bank holding the mortgage.

  5. Hitchiner Pavilion - Chris informed members that the rafters are up. Roof construction will take place this weekend and depending on weather may or may not be completed. A scout leader in town who works for a metal roofing company has offered to share his expertise if needed. Diane stated that the Commission is happy that Chris has taken this on and that the town will now have a pavilion. Money for materials for this project has been promised from the Marchesi Fund. Rita will find out from Katie Chambers what the process is to have checks issued.

NEW BUSINESS:
  1. UNH student project - Chris Costantino has met with students from UNH. She described the senior project they have agreed to do. The students will identify areas in town that have significant wildlife habitats. They will do most of the work at the university using the GRANIT method described in the book, Identifying and Protecting New Hampshire's Significant Wildlife Habitat. They will inventory all of Milford, with emphasis placed on the northwest corner of town and the southwest area of town (Miles Slip Rd. to the Mason town line). These two areas will be visited by the students who will "ground check" their work. They will be operating with a $400 budget and plan to present this project at the December 12 meeting.

  2. NHACC annual meeting - Rita will send in the applications and payment for the members who have expressed interest in going to this meeting, which will be held on Nov. 2. Jennifer, Judy, Rod and Audrey plan to go. If any other members are interested, they can contact Rita.

  3. Rotch Subdivision - M/L 52/18. Open space dedication to the town. The Rotch family, in memory of Arthur and William Rotch, has donated this 40-acre property to the town. Members decided to walk the property on Sunday October 13, at 8 AM to view it, and to name it. They will meet at the entrance, which is off of Rt. 13 south of Lull Farm.

  4. Relocation of DPW to Brox Property - Diane attended a meeting with Bill Ruoff and others regarding the possible relocation of DPW to the BROX property. There exists an area that seems appropriate for the facility; however there is a small, approximately 45 ft. diameter wetland in the center of it. It is believed that this small wetland was man-made, probably a test pit dug to find the location of the water table during gravel operations. The whole site had been severely impacted in the past. Mr. Ruoff asked if the Conservation Commission would support a plan to fill this small wetland and mitigate in an area adjacent to a large wetland areas on the site. Members agreed that because this wetland is man-made and small, they would support a plan to fill it and mitigate.

  5. Potential new Member - Bob Hall owner of Souhegan Cycle works is a member of the New England Mountain Bike Association. He is interested in becoming involved with the Commission or the Trails Committee, with regards to trail construction and improvements. He is specifically interested in working on some trails in Mayflower Town Forest and Tucker Brook Town Forest, making them more usuable for hikers and for bicycles. He has access to manpower and expertise with regards to maintenance and design of trails through his association with the New Eng. Mountain Bike Assoc. He will be e-mailed the agenda for our next meeting.

There being no further business to come before this meeting, the meeting was adjourned at 9:25PM.
The next regular meeting of the Conservation Commission is scheduled for Thursday, November 14, 2002 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.
Minutes prepared by Rita Carroll




MILFORD CONSERVATION COMMISSION

Meeting Minutes of November 14, 2002

Present:
Diane Fitzpatrick - Chairperson, Hub Seward - Vice Chairman
Rodney DellaFelice, Audrey Fraizer, Jennifer Cote - Full Members
Chris Costantino - Alternate Member
Rita Carroll - Conservation Coordinator

Others Attending:
Rick Holder - owner of Hampshire Hills
Bill Davidson - Meridian Land Services, representing Hampshire Hills
Doris A Fay, Arthur Rolfe, Margaret Rolfe - abutters to Hampshire Hills
Bob Sinkiewicz - Trails Committee member
Bob Hall - interested citizen, potential new member
Scot Langdon - resident of Badger Hill, trail proposal
Bruce Kantner - Conservation Commission, Board of Selectmen - Temple, NH

The public meeting of the Milford Conservation Commission was called to order by the Chair, Diane Fitzpatrick at 7:05 PM.

MINUTES:
Upon a motion made by Hub and seconded by Audrey, the minutes of the October 10, 2002 meeting were accepted as presented. Vote was unanimous in favor of the motion.

APPOINTMENTS:
  1. 7:15 PM - Rick Holder - Hampshire Hills - M/L 48/36-1,41,52. Mr. Holder and Mr. Davidson presented the group with two Standard Dredge & Fill applications for work to be done on the Hampshire Hills Racquet Club property.

    The first application addresses the non-permitted impacts that occurred in 1996 and 1997 when 14 acres of the site were cleared, stumped and regraded. This application proposes to mitigate and restore wetlands that were impacted and to create new wetlands to compensate for permanently impacted wetlands. Color-coded plans were reviewed that showed all impacts being restored, silt removed, loam returned, etc. One small impact involving a significant cut will remain. After mitigation the remaining permanently impacted area will be 2,185 SF and the area of new wetlands will be 10,550 SF. The plan presented is similar to previously discussed restoration plans for the site, except that the current plan calls for removal of the stump dump. When asked where the stumps will be moved to, Mr. Holder answered that the state will oversee the removal and the job will be contracted out to a third party professional. This removal was discussed and requested in May and June of this year. (June 13, 2002.)

    The proposal also includes the granting of a conservation easement on a portion of the land that is not involved in either of the two applications. When asked what the restrictions on that easement will be, Mr. Holder responded that the state has required that some of the areas be left in their natural state, and in some upland areas trees may be planted. The soil types will not be disturbed, no grading changes will be made except for the area in front of the upper field where piles of rocks and debris will be moved and graded. That area is where the stump dump will be moved to and taken care of. There will be no future improvements beyond the line delineating the easement area. The intent is to define the areas where development could or could not take place in the future. A document will be drafted for this easement to be approved by the state.

    Mrs. Ruolf, an abutter, asked if the existing wetlands would remain as wetlands, to which Mr. Holder responded yes. Another abutter, Mrs. Doris Fay, has concerns with existing and future impacts to her well, which lies on the Hampshire Hills property. A letter from her lawyer, William Ladd, expressing these concerns was written to the Conservation Commission. Mr. Holder discussed this issue with Mrs. Fay and promised to meet with her, her attorney, and her well service contractors, Skilling, to address this issue.

    Members agreed that the plans call for what has been required by the state to correct the non-permitted impacts. Audrey made a motion to recommend approval of the application to the state. Jenn seconded and the vote was unanimous in favor of the motion.

    The second application proposes work that was initiated with the original non-permitted impacts, namely a sports recreation facility. 13,520 SF of wetland impact and 112,600 SF of buffer impact are proposed. The building site has been relocated from the original plan to an upland area in order to minimize wetland impacts. Parking has been moved across the drive, to allow relocation of the building. A walking bridge will allow members to access the facility. There are 12 small areas of wetland impacts, some due to the building and driveway and some due to stormwater handling. Some impacts use existing crossings, widening them to allow cars to pass. When the project appears before the ZBA, Conservation will be studying how the stormwater is dealt with, as this is a function of the buffer, upon which there is a large impact. Mr. Davidson stated that most drainage is brought to a detention system. When asked why the system is a closed system as opposed to an infiltration system, he answered that the engineer drafting the plan may have done it this way because of the soil conditions. With the glacial till that exists on this site a good percolation rate is not obtained.

    Bob Sinkiewicz asked if use of the area below the building, for playing fields for example, was anticipated. Mr. Holder answered that they probably would continue to use trails in the area for cross-country skiing. Bob asked if the area would be plowed, to which Rick answered no. Bob also asked if the parking areas would be paved. Mr. Holder answered that they would be gravel. Bill Davidson referred to page SP1 of the plan, second paragraph, that states that 182 spaces would be paved in the front portion of the parking lot, and that the section in the back by the fields to which Bob was referring would be gravel.

    This project will not occur until after the previous wetland impacts have been mitigated.

    Members agreed that this plan is much better than the previous work started in 1996. It appears that Mr. Holder and the engineers have worked with the state and the Commission and have accomplished what has been requested over the past six years. Hub made a motion to recommend to the Wetlands Bureau approval of the application. Rod seconded and the vote was unanimous in favor of the motion.

  2. 7:45 - Scot Langdon - Trail construction proposal. Mr. Langdon, a resident of Badger Hill, appeared before the Commission and offered to steward a project creating trails from the Badger Hill development through Hitchiner Town Forest connecting to the existing trails in the northern portion of the town forest. Badger Hill is a development that is being constructed in phases and is not yet complete. The open space set aside that is required for this development will include a right of way to Hitchiner Town Forest. Mr. Langdon asked members for their approval of this project and for suggestions on how to proceed. It was suggested that he walk the southern part of Hitchiner Town Forest. The existing town trails in Hitchiner are located in the northern part of the forest, but there may be informal trails, such as old logging roads or trails worn by hunters or wildlife in the southern part. The location of a good access from Badger Hill into the forest should be determined. When the phase that includes the road that abuts the forest comes before the Planning Board, this location can be suggested for the access set-aside. Mr. Langdon will also obtain support from neighbors in Badger Hill for this project. Parking at or near the future access needs to be thought about and acceptable to abutters. Mr. Langdon plans to try to contact the developer regarding this project and will e-mail the Commission with updates. Members were in favor of this project and appreciated Mr. Langdon's offer to head it.
OLD BUSINESS:
  1. Recycling Committee update - Diane informed members that the recycling committee will not reconvene until the spring in order to see how the new paper recycling program is running. Bob Sinkiewicz mentioned that he observed at the schools that paper and cans were not being recycled. Conservation will send a note to the recycling committee informing them of this.

  2. LCHIP/Ferguson Easement update. Diane informed members that the easement has been signed but that the LCHIP money was not accepted. The application that obtained the grant was changed significantly, in that the matched property, the four parcels along the river, was withdrawn. The LCHIP committee would have had to re-review the application; and they do not reconvene until December. The town does have the conservation and preservation easement on the entire 32 acres of the Ferguson farm, including the historic buildings, which was appraised for $225,000. The value far exceeds the $58,000 cost to the town which includes $50,000 for the easement, $6,000 for survey costs and $2,000 for appraisal costs. Because the Land Fund is now down to about $375, the Selectmen have agreed to support a warrant article asking for $50,000 to replenish the Land Fund.

  3. Rotch land - M/L 52/18. Gift of open space acreage to town. Site walk update, naming of parcel. Members walked the site on October 13. Notes from the site walk are included below. Members commented on the beauty, serenity and natural diversity of the area. They agreed that the Rotch land should be designated as a wildlife preserve and that no motorized vehicles should be allowed. A trail runs through the area and ends on Ruonala Rd. where there is a 200 ft. frontage that may be suitable for a small parking area. The property was donated to the town by William Rotch. The suggestion was made to name the parcel the Rotch Wildlife Preserve and to name future trails after Arthur Rotch and William Rotch. Jenn made a motion that the 40-acre parcel donated to the town by the Rotch family, be named the "Rotch Wildlife Preserve". Chris Costantino seconded and the vote was unanimous in favor of the motion. Diane mentioned that the deed for this property mentions archeological conservation. The Commission should take a closer look at the property regarding this statement.

    Notes from Rotch Site Walk:
    Date: Sunday, October 13th, 8am
    Attendees: Sharon Hannan, Audrey Fraser, Pierce Rigrod, Diane Fitzpatrick
    Observations: The members entered the property from Rt. 13 just south of the wetland south of Lull Farm stand. There is a dirt track blocked by rotting sections of pine trees. We traveled westerly on the path until it ended at a cross path. We then turned right, followed the path past a very large wetland on the right, through a dense stand of Hemlock, over an exposed stone culvert, between stone walls and ended at Melendy Road. We returned the way we came and then continued past our entrance point. Markers are visible from some previous trail system, now mostly over grown, except for the main trail we traveled on, which is well maintained. We saw no evidence of ATV traffic. The trail was a delight, birds were in evidence along the wetland area. The trail going left from the intersection with the entrance trail brought us to Ruonala Road. The property has 200 feet on Ruonala Road and there appeared to be a good area to construct a parking area off the road. The overall feeling was one of solitude, peace, quiet, calm..... A few thoughts expressed: no motorized vehicles, no wheeled vehicles, wildlife preserve, quiet pursuits- walking, cross country skiing. The trail can be quickly walked in less then 1/2 hour. Additional trails could be cut to create a loop.

  4. Hitchiner Pavilion - Chris Costantino informed members that the plywood is on the roof of the pavilion and the metal roofing needs to be installed. She has confirmed with Keith Carmen that he will do the roof and the gable ends for $2100. She will also check with the manufacturer as to whether or not strapping needs to be used on this roof, which is over a structure that is unenclosed. If needed, strapping will be an additional cost to the $2100. The Nees Bequest was suggested as a source of funding. Chris is unsure as to when the work will be done by Keith, but informed the members that the plywood is exterior grade and will weather through the winter satisfactorily. She was informed that Keith does work through the winter. Chris made a motion to spend from the Nees fund an amount not to exceed $2500 to construct the metal roof on the Pavilion. If the work is not completed by Earth Day in the spring, the subject will be revisited. Rod seconded the motion and the vote was unanimous in favor.
    Construction of picnic tables for the pavilion was also discussed. The tables will be built on site in that they will be long (20 ft. or longer) to prevent vandalism or theft. Chris will try to get plans for the tables located in the Harrisville pavilion, which are 36 ft. long. The picnic table construction will be a project for next spring or summer.

  5. Ground Water Protection District/Wetland Conservation District - Diane showed the members the book entitled, "Town of Milford 6.010 Groundwater Protection District and Supporting Documents." She informed members that the book has been presented to and accepted by the Planning Board. One public hearing has been held regarding this ordinance.

NEW BUSINESS:
  1. Bruce Kantner - Temple ConComm. - Judy Gross introduced Bruce as a Selectman and member of the Temple Conservation Commission. Bruce had reviewed the Milford ConComm Policy and Procedure Manual on the Conservation Website. He requested permission to use it as a reference when drafting a manual for the Temple Conservation Commission, and was given permission and a copy.

  2. Landscapes and People: Conservation Tools for a Growing State - Judy informed members that she had attended this conference in the past and found it to be excellent. It is sponsored by Center for Land Conservation Assistance, Dijit Taylor, Executive Director Tentative date: Saturday, April 12, 2003, location TBD.

  3. Souhegan River trail repair. Diane informed members that there is an area of the Souhegan River Trail that is eroding and in need of repair. The Souhegan River Valley Land Trust has offered the Commission $5,000 to repair the trail by next spring. Bob Hall suggested relocating that section of the trail to prevent future erosion and restabilizing the riverbank. The state has a program, Shoreland Stabilization, that will offer consultation on what to do free of charge and can advise on how to stabilize the bank. Rod volunteered to look at the trail. Chris offered to show him where the damage area is. Diane offered to e-mail Rod with contact information that Betsy Hahn has available at Nashua Regional Planning. The person offering the $5,000 envisioned a bridge spanning the eroded area. However members felt that slope stabilization and relocation of the trail may be the answer.

  4. Conrey Easement Clarification - Map 10, Lot 2 - A letter was received from Attorney C. Wilson Sullivan requesting an amendment to the easement to facilitate the sale of the property to a prospective buyer who intends to construct a house to replace one currently on the property. Whether or not this is permitted according to the easement was questioned by the mortgage lender, title insurance, and/or lawyer of a prospective buyer. The proposed amendment would modify Use Limitation C, (which refers to structures being placed on the property) and the Rights of the Public to Use the property. The town attorney has responded to this request and offered the opinion that the easement does not require clarification and that the town acting through either the selectmen or the commission should not offer anything in writing to support the proposed amendment. It was not clear from Town Attorney Drescher's letter if he implied that the town should also avoid offering our interpretation of what is allowed under the existing wording of the easement.
    This easement on this property lies on the entire 80 acres of the property, which is currently for sale. The property had been sold previously by the owner who negotiated the easement. It appears that the subsequent owner has generally complied with the easement except for the removal of a house trailer upon completion of a replacement dwelling. Commission members reviewed the town attorney's response, the original request for a clarification document, and a letter from a potential buyer. After discussion, members agreed that they would not object to a new owner constructing a house on the property as long as the modular home and trailer that are currently on the property were removed. The perpetual easement permits "only one occupied single family residence" on the lot, therefore owners may replace the residence as often as desired providing that the previous residence structure(s) are removed or otherwise converted from use as a residence upon completion or occupation of the newer one. The easement also states that the residence (or any structure) is ancillary to the primary purpose, which is to preserve open space and agricultural use of the property, and that the town or commission may determine if a structure would (or does) detract from the primary purpose. The members were in general opposed to amending this or any easement to change the conditions originally set forth and tended to agree with attorney Drescher that no amendment is necessary for the replacement of the residence structure. Whether or not the Commission should draft a letter or some sort of document regarding this issue needs to be decided. Rod and Hub volunteered to take a closer look at the documents and to write their thoughts. They will learn a little more about the process of managing the easement, such as role of Commission, Board of Selectmen, Town Attorney, etc., with respect to any proposed clarification, amendment, or approval of a planned use. This item will be on next month's agenda.

  5. Trails Discussion. Bob Hall a potential new member had a few questions that have been asked of him regarding regulations on trail uses. Diane responded that yes, motorized vehicles are allowed in the town forests, and that no, Beaver Brook does not allow biking. Bob also asked about the open space in the Patch Hill subdivision. He was informed that the town plans to require that a trail connection through the subdivision to the south and into Mayflower Town Forest be incorporated into the open space. Bob Sinkiewicz mentioned that the trailhead into Mayflower Town Forest from Falconer Ave. is now hard to see because the abutter is parking at the end of his drive, which shares the access. Diane mentioned that Sandra Hardy, the trail steward, promised to talk to them and that Kevin Lynch is aware of the problem. Bob also brought up the fact that the trailhead to the Rail-Trail on the DPW property was not shown on the plan for the new police/emergency facility that was distributed on Election Day. He suggested that this be incorporated into the plan. The Commission will take a look at the plan. Diane informed members that Northern Marble & Granite is considering relocating to another part of town and that the lot may be used for a condominium complex. If this happens, the RRTrail would be incorporated into the development.

  6. Land Protection efforts for 2003. At 10:10 PM the meeting was closed to the public to discuss this issue.
The meeting was reopened at 10:24, at which time it was adjourned.

INTERDEPARTMENTAL REVIEW:
  1. New Bridge Realty Trust - 633 Elm St. - Map 13, Lot 3-1 - Two-story addition to the east of the existing building (2,023 SF/864 SF basement). Hub and Diane reviewed this plan at the end of the meeting. The following comment was written. "This lot lies within the Level 1 protection area of the new Groundwater Protection District, and as such, according to section 6.013.C2ci, 60 percent of the gross area of the lot must remain pervious. We would like to know what the calculations of the pervious surface on this lot is."
The next regular meeting of the Conservation Commission is scheduled for Thursday, December 12, 2003 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.
Minutes prepared by Rita Carroll.


MILFORD CONSERVATION COMMISSION

Meeting Minutes of December 12, 2002

Present:

Diane Fitzpatrick, Chairperson
Rodney DellaFelice, Audrey Fraizer, Sharon Hannan, Jennifer Cote, Pierce Rigrod - Full Members
Chris Costantino - Alternate Member

Others Attending:
Nancy Amato - Selectmen's Rep.
Students from the University of New Hampshire:
Allison Briggaman, William Clark, Tiffany DeCaro-Minaudo, Sheila Dyer, Melissa Dickey, Erin Sigel



The public meeting of the Milford Conservation Commission was called to order by the Chair, Diane Fitzpatrick at 7:06 PM.

MINUTES: Upon a motion made by Chris and seconded by Rod the minutes of the November 14, 2002 meeting were accepted as presented. Vote was unanimous in favor of the motion.

APPOINTMENTS:
  1. Presentation of Senior Project by UNH Students - Natural Resources Inventory. The UNH Students presented to the Commission the habitat assessment of the northwest corner of Milford that they performed as their Senior project for the Fall of 2002. The area was studied to see if there is habitat that should be protected if the area is developed in the future. The report, entitled "Habitat Assessment: Open Space and Conservation District (OSPD), Milford, NH", is located in the Concomm office.
UNFINISHED BUSINESS:
  1. Recycling Committee update - no report in that the committee will not reconvene until Spring.

  2. Conrey Easement - Rod told members that he has spoken with Kevin Lynch about the Conrey land. Kevin mentioned that the property has been sold and the trailer has been removed. If the buyer plans to build a new house he will be allowed to live in the modular home that exists on the property until 30-60 days after the new construction is complete. The modular home would be torn down after that time. Rod offered to draft a procedure to handle policy for legal issues regarding easements and common land usage. The document, which would deal with challenges to and violations of easements, would be presented to the selectmen. If approved, it would be included in the Policy and Procedure Manual. Rita will call Nichols Land Trust to see if someone would come talk to the Commission members about the their policy for legal challenges to easements.

  3. Souhegan River trail repair. - The Commission has been offered $5,000, by the Souhegan Valley Land Trust, to repair a section of the Souhegan River Trail that has become eroded. Rod reported that he and Chris walked the area to see where the erosion has occurred, which is along Purgatory Brook, near a water monitoring station. He stated that an obvious solution would be to relocate the trail since we now have access to the land above the site because of the Ferguson Farm Easement. He mentioned areas of the trail that are narrow and get flooded periodically. He plans to walk the area with Gordon Leedy Saturday morning at 8AM. Gordon is a landscape architect and is a member of the Souhegan River Local Advisory Committee. He has dealt with erosion control issues. Betsy Hahn, from the Nashua Regional Planning Commission, may also attend the site along with Commission members.

  4. Hitchiner Pavilion - Chris C. informed members that Bob Sinkiewicz will look into the Boy Scouts doing some work on the pavilion and/or picnic tables in the spring.

  5. Trail Construction proposal for Hitchiner/Badger Hill connection - no update to report in that Scot Langdon was unable to attend this meeting.
NEW BUSINESS:
  1. Souhegan River Disturbance - Erosion of riverbank on location of proposed golf course, Hayward Farm. Diane informed members that the Hayward farm has been purchased by Hugh Barrett, et al., who is planning a golf course on the property. The Barretts are concerned with erosion that is occurring along the riverbank and have spoken to a state inspector about the possibility of "expediting" an application to stabilize the erosion. Diane scheduled a site walk with Mr. Barrett on Dec. 4 at 1:30 PM. She, Chris Costantino, Judy Gross, Gordon Leedy, George May (from the SoRLAC), and Angela Rapp (from Nashua Regional Planning) were in attendance. Diane informed members that the situation is not an emergency situation, in that there is no threat to lives, homes, or roads, etc. The owners have stated that they plan to go through the normal permitting process with the state to repair any erosion. A letter is being sent to the Barretts outlining the Commission's position and including recommendations of engineers who are sensitive to natural erosion measures.

  2. Planning Board Regulations - Diane told members that the Planning Board plans to evaluate all their regulations and that the Commission will be involved in certain areas. Pierce described the EPA's Phase II Stormwater Regulations that will affect the town in that it will require the town to identify all the discharges to public waterways. The Planning Board will look at all the regulations, such as site plan, subdivision, and stormwater and will come up with a series of recommendations. A consultant may be used to help with the project.

    Diane mentioned that work sessions might be started up again to deal with projects such as this. The work sessions can also be used to review complex D&F applications before a recommendation vote is taken at the Conservation Commission public meeting. All work sessions will be posted and open to the public.

  3. Member information - Audrey suggested that information be available to the members with regards to each other's backgrounds and qualifications. She felt that it would be helpful when learning about an issue to know whom to ask for specific information. Some discussion followed regarding information posted on the Website. It was decided that the names of the Commission members would be posted on the Website.
INFORMATION ITEM:
  • MCAA - proposed Brox Recreational Field Development. Diane showed members the proposal for use of the Brox property that was presented to the Board of Selectmen on November 25, 2002 by Bill McKinney, Vice President of the Milford Community Athletic Association. The opinion of the Commission was asked and will be offered after surveys and wetland delineations are performed. The proposal was for the purchase or lease of approximately 17 acres of the BROX property to develop into recreational fields. Formation of a committee to review the whole area and determine the best usage of the property was discussed at the BOS meeting of Nov. 25.

    There being no further business to come before this meeting, the meeting was adjourned at 8:45 PM.
    The next regular meeting of the Conservation Commission is scheduled for Thursday, January 9, 2003 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.
    Minutes prepared from tapes by Rita Carroll
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