Milford Conservation Commission: Meeting Minute Archive: 2006

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:10 PM.

MINUTES:
Upon a motion made by Hub and seconded by Andy, the minutes of the January 12, 2006 meeting were accepted as presented. Vote was unanimous in favor of the motion.

APPOINTMENTS:
7:15 Gregg Caporossi, Senior Project Associate and Kate Garrett, Project Manager for the Trust for Public Lands (TPL) were present to update the Commission on a project they are working on entitled the "Squannacook and Nissitissit Subbasin Conservation Corridor." The long-term goal of this project is to obtain federal funding under the Forest Legacy Program to protect a corridor of undeveloped land in Milford, Wilton, Mason and Brookline. At this point in time they are gathering data on the values of the properties, determining how much funding they will need, who the landowners of large undeveloped parcels are and how much support there is from the towns, both conceptual and financial. This project will then be presented for consideration and prioritization under the state Department of Resources and Economic Development (DRED) and the Forest Legacy Program. If it is considered a high priority by DRED and the Trust for Public Lands, the TPL can lobby in Washington for support for it. The fact that there would be cooperative management between communities, across town boundaries, will be important to DRED.

Parcels of interest for this project were determined by the towns' conservation priorities, the parcels' locations and sizes within the corridor and by the results of the EPA Targeted Watershed Grant that was awarded to the Nashua River Watershed Association (See minutes of April 14, 2005). Any funding under the Forest Legacy program requires a 25% contribution to the total cost; a 75/25 match.

Gregg and Kate plan to update the Commission again in the future. They would like to hear that yes, the Commission is in favor of this project. They may request a letter of support at some point.

Unfinished Business:

Trails Expo - Members discussed things that need to be completed before the expo. Diane and Rita will work on the display board. On Saturday, Feb 25 starting at 10 AM, members can come to the town hall to help set up. Tables and signs will be set in place at that time. Commission members will hang (8.5 x 14") posters about the expo at various places around town. Rita will e-mail the poster to members and will also print some to leave in the office for members to pick up. Food at the expo will be provided as a fund raiser for the Souhegan Valley Land Trust. The SVLT will also hold a silent auction, in case anyone has anything to donate. If anyone thinks of anything else that should be taken care of, please let Diane or Rita know.

Interdepartmental Review:

Old Farms Golf., Elm St. - M/L 7/10-1 - proposed amendment to an existing approved site plan to indicate the location of a proposed auto repair facility. Commission Comments:
The facility is located in and must fully comply with the requirements of the 6.010 Groundwater Protection District.
Heatherland Properties - M/L 32/28 - Nashua St. Proposal to construct a 2-story office building. The lot has access through an existing private drive with a right-of-way from Boston & Maine railroad and is connected to town water and sewer. Commission Comments:
Is there enough parking for future 20 x 40 expansion?
Scott Brown - M/L 42/37-1 Armory Rd. and Rte 101. Proposal to subdivide 42/37-1 into 2 lots. New lot will be 1.18 acres; other would be 6.95 acres. Commission Comments:
There was a wetland violation on 42/37-1 in 1999, creation of a pond from a seasonal stream. (See concomm minutes of April 8, 1999 and June 10, 1999) Was the area restored?
Future subdivision of this parcel is subject to the restrictions in the open space ordinance.
Site specific soil types should be used to determine if drainage is adequate for septic.
Milford Conservation Commission and Ed Mack - M/L 52/14, 52/102 - Lot line adjustment to include existing garage on to the Mack's property. Commission Comments:
No Comment.
Boynton Hill Subdivision - M/L 45/2, 3, 27, 20 and 50/1, 1-5 - Mile Slip Rd. and Boynton Hill Rd. This is the proposed open space subdivision. This project is still in the design review stage. Lot density has been determined thus far to be 97 lots; and the planning board has granted a waiver for the 8% road grade. It has been determined that the project proposes regional impact. Commission Comments:
Commission members discussed this at the meeting. The following memo was drafted and submitted to the PB as a result of that discussion.
February 13, 2006
To: Planning Board
Re: Mitchell Brook - Boynton Hill Open Space Subdivision
Conservation Commission members reviewed the open space plan for this project at their meeting on February 9, 2006. Of primary concern was the inclusion of wetlands, including a number of vernal pools, into house lots. Also of concern was the lack of accounting for the increased water flow off the site, due to clearing for lots.
- Vernal pools are of ecological significance. The State Fish and Game Department recommends that as much buffer as possible be placed around vernal pools. There are several species found only in spring pools that dry up in the summer. These species also use the uplands that surround the vernal pools, and some need as much as 800-1000 ft. The Commission recommends the vernal pools have at least the town's required buffer and that they, with their buffer, NOT be included in the house lots. Vernal pools border or are found in lots: 75, 76, and 77
- To the extent possible, wetlands and buffers should be included in the open space, not the building lots. The purpose of the open space ordinance is not to protect the area that is easiest for the developer to leave out of the lots.
  6.044 OPEN SPACE DESIGN
  D. Design Standards:
  1. List of Resources to Consider for Preservation:
  a. Open water, waterways, stream channels, floodplains and wetland soils, including adjacent buffer areas as defined in 6.020 Wetland Protection District;
  If one intent of the lot line locations is to include the well radius, we believe that it is permissible to include a well radius in permanently protected open space. From NHDES Water Supply Engineering Bureau Fact Sheet WD-WSEB-21-1: "��..protective well radii may overlap onto other lands such as: land that is protected by a recorded easement, land that is permanently dedicated to a use that precludes development, or on land within a municipal property line septic system setback."
- Stormwater management is of concern. The entire Boynton Hill site is steep. Increased water flow due to clearing for house lots must be thoroughly addressed. It looks as though water flowing down the steep, 8% road in the southern end of the site could impact lot 50-5. Stormwater also needs to be addressed at the southern end where the road joins Mile Slip Rd.
Other concerns and specific recommendations expressed by the Commission members were:
- When forests are cleared for house lots natural infiltration is greatly reduced, dramatically increasing the run off of storm water. A site with such steep slopes must be engineered to handle a large quantity of water; the only storm water management we see is high on the hill. There needs to be a large area, on site, down gradient, to catch the run-off and slowly release it or homes and property will be adversely impacted.
- In order to minimize increase in water run-off, lots should not be clear-cut to the back borders. Ideally the only vegetation and natural ground cover that is disturbed is what is absolutely necessary for construction. Too many subdivisions recently are clear cutting, not only the road right-of-way, but to the back property line.
- A stone wall runs near the back of lots 13 thru 16. The boundaries of these lots should be adjusted so that the stone wall is the boundary between these lots and the open space. This would make locating the open space much easier and will take very little area from the lots.
- The site is crossed by many stone walls. We would like to know where the cellar holes are. Are there any significant remnants of stone work on the property? Are they located in an area that they can be preserved without undue impacts on the developer? If some of our past can remain along side new development we will be richer for it.
- The large wetland in the front yard of Lot 74 is of concern.

Reports:

Hitchiner Town Forest - From Diane: "Some time ago Beaver Brook Association mentioned that they are planning a timbering on their property that abuts our Hitchiner Town Forest. They were hoping we would allow them access thru Hitchiner. Today I received a call asking for permission to use Hitchiner possibly as early as this week! I said we had 2 concerns that they need to be sensitive to but otherwise we intend to be cooperative neighbors.
Unfortunately the ground is not deeply frozen, they must restore any damage to the field. Also if the opening in the stone wall is not sufficient for their operation, they may open the wall but must return it to its original condition when they are finished. I was assured that they would gladly comply with these requirements."
Rail-Trail - encroachment on town land. Diane is on the Planning Board's February 21 agenda for the lot line adjustment, which will transfer 0.08 acres of land to Mr. Mack for his barn.

There being no further business to come before this meeting, the meeting was adjourned at 9:08 PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, March 9, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Minutes were prepared by Rita Carroll.

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:12 pm.

MINUTES:
Upon a motion made by Rod and seconded by Chris, the minutes of the February 9, 2006 meeting were accepted as presented. Vote was unanimous in favor of the motion.

APPOINTMENTS:

7:15 - Jay Heavisides, Meridian Land Services - Boynton Hill/Mitchell Brook - open space subdivision - M/L 45/2,3,17,20 & 50/1, 1-5.

Mr. Heavisides presented the overview plan for the open space concept of this 97-lot subdivision. He was at the meeting to determine if the Conservation Commission felt that the layout of the open space is acceptable. He was given a memo drafted by the Commission on Feb 13 regarding this project.

Jay explained that in laying out the open space, he has tried to keep a corridor open to go through to Mile Slip town land. The lots are clustered into 6 neighborhoods. On the west side of the property lies part of the Gunderson Farm which is located mainly in Wilton. The farm, which includes cellar holes, a barn, a house lot, a cobblestone walkway and wells will be left undisturbed in the open space. Road grades are all less than or equal to 6% as required by the town, with the exception of the entrance to the development off Mile Slip Road. A variance for an 8% grade was granted for this section of the road. There will be ~ 4 wetland impacts for the project and a dredge and fill application will be filed. Lots are a minimum of 48, 000sf in size due to state septic soil sizing requirements.

Diane asked that the vernal pools partially included in lots 75, 76, and 77 be left out of the lots. Jay answered that yes, he would be able to do that. Diane also asked that the lot lines of 13 through 17 be adjusted to align with the stone wall that runs close to them. Jay answered that he plans to try to adjust the line, but that the lots may become too small to meet the state's lot sizing requirement. There is an advantage to having the stone wall within the lots in that the landowners would perceive it as the lot boundary and not impact anything beyond it. Diane pointed out that the state does not require well radii to fall entirely within the lots, if they are left in permanent protected open space. She also mentioned that if the lots are cleared of vegetation entirely back to the rear of the lot, the run-off is greatly increased, especially on steep lots. Jay assured that because the lots are large, clear-cutting to the back is unnecessary and will not happen.

The fact that run-off down one of the cul-de-sacs would impact lots 61 and 62 was discussed. Jay pointed out that there is a detention basin shown on the plan for these, and that water will be routed away from these lots. He also stated that lot 50-1-3 currently has drainage problems due to a depression on the lot that collects water. The plan is to address this by upgrading the culvert allowing water to flow through a couple of access areas on the other side of Mile Slip Rd. to a brook

Hub mentioned that the Commission would like to see wetlands and their buffers left out of house lots. Lot 74 has a large wetland in the front. Jay stated that he would try to reconfigure this lot. Chris asked that he also look at lot 47, which contains a large wetland.

Jay stated that he does not yet know what the plan is for the open space, whether it would be deeded to the town or owned by a homeowners' association. Diane mentioned that the group would like to see a trail connection from Tucker Brook through this development to Mile Slip that could be used by both the homeowners and others. The fact that the historic remnants on the Gunderson farm are being left in the open space is appreciated.

Audrey had a question about the detention basin between lots 67 and 68. She had noticed one located in the Falcon Ridge subdivision that is 8-10 ft wide, deep and has a fence around it. She would not like to see one here that is so wide that hikers would not be able to get through. Jay said that the state now requires the berm to be no higher than 4ft., keeping the area reasonably shallow. He anticipates that due to the topography this basin will be long and narrow and will fit in with the contours.

The fact that the open space runs in 50-ft wide strips along the backs of a number of lots was discussed. Jay wanted the Commission to understand why the strips were necessary and why they were sized at 50 ft. width. If a lot touches the exterior of the subdivision, it must be a standard 2-acre lot. Running open space along these lots avoids this. The lots in this open space subdivision vary in square footage, but have been sized to accommodate each one's individual requirements for septic. The Commission would rather not see the open space in strips at all, because it takes away from the acreage of the larger open space pieces. And they would not want more area taken from the open space to make the strips wider. 50 feet seemed like a reasonable width to the members.

Members felt that the important things to be addressed were the vernal pools, open space layout to allow a future trail connection from Tucker Brook to Mile Slip, and stormwater, which Jay is currently working on and has not finalized yet.

The Commission members expressed interest in taking a walk in the area. Jay said that he would be happy to accompany them.

UNFINISHED BUSINESS:

Mile Slip Trail Work - Commission members set a date to lay out and flag trails for hikers at Mile Slip. The ATV trail has been laid out, marked and is being used. The NHATV club has said that they would construct a kiosk that will have room for trail maps for both the ATV trails and the hikers only trails. Members decided to meet at the parking lot for Mile Slip on Saturday, April 8th at 9am.

NEW BUSINESS:

Mayflower Town Forest - Members will visit the Shady Lane and Falconer Dr. Ext. entrances on March 26 at 9am. They will meet at the Shady Lane entrance. They will also look at the LeAnn property. Wayne told the group that the LeAnn subdivison is almost complete, that they are still working on a few lots near the end of the cul-de-sac. Diane will call the people that live on either side of the Falconer Dr. entrance to tell them that the Commission will be visiting the entrance. The owners of the shed that is partly on the town property will be asked to meet them. The shed is not large and could be easily moved a few feet to locate it off the town property.
Souhegan Valley Women's Expo, "Diva Day" - Saturday, March 11, 10 am to 4pm.
The Souhegan Valley Boys and Girls Club is sponsoring this event and has asked the Commission to set up a display with trail maps. Chris and Wayne volunteered to attend and be at the Commission's table.
Request for letter of support - Focus Tamworth - Focus Tamworth is an organization that works to protect natural resources in Tamworth. Motorsports Holding (MH) has already received federal and state permits to dredge and fill wetlands and are appealing a superior court ruling that they must also file for a local wetlands permit under Tamworth's wetland ordinance. The New Hampshire Association of Conservation Commissions (NHACC) has decided to file a Friend of the Court brief to support the superior court ruling that MH must comply with the town's ordinance. They have asked for letter of support from local Conservation Commissions. Members agreed that if a local ordinance is overturned town ordinances could be threatened with future court challenges. Andy made a motion that the Commission draft a letter of support for NHACC's Friend of the Court brief. Wayne seconded the motion and the vote was unanimous in favor. Rita will draft and send the letter to NHACC.

INTERDEPARTMENTAL REVIEW:

Hitchiner Mfg., M/L 13/6 - proposed addition to gas turbine building and an area for future parking.
Commission Comments: no comment
Town of Milford/R. Snyder, Cottage St., M/L 25/66 & 25/67 - lot line adjustment to transfer a small triangle of 25/67 (Town owned) to 25/66.
Commission Comments: no comment
Square Properties, off Nashua St, M/L 32/25, 32/26-1, 43/42 - lot line adjustment between the three lots.
Commission Comments: Any wetlands involved?
Holder, Knight St., M/L 39/66-1 - Proposed subdivision, discussion only.
Commission Comments: no comment
G. Williams, Burns and Mason Rd, M/L 41/29 - Proposed site plan, discussion only.
Commission Comments: no comment
Samonas/Welch, Nashua St., M/L 44/11, 44/13-1 - Proposed site plan, discussion only.
Commission Comments: no comment
Milford Waterfalls, LLC, off Armory Rd., M/L 47/16-3 - minor subdivision of 47/16-3 into two lots.
Commission Comments: no comment
Woodside Development, Federal Hill Rd., M/L 59/4, 59/4-1, 59/4-2 - Minor subdivision on Milford Hollis border.
Commission Comments:
This property is directly across Federal Hill Rd. from the entrance to Monson. We will be looking for parking for Monson in the next phase and a connection toward Brookline and eventually to Mason.
These two lots count toward open space requirements of future subdivisions.

REPORTS:

Trail Expo - Diane reported that the Trail Expo was a great success. There were more than 160 people in the Banquet Hall listening to presentations, while a great number more were also in the Auditorium looking at the displays. Many of the organizations that participated expressed their gratitude and hoped that this would be held again next year.
Wallingford Place Trail easement - A trail easement has been granted to the town, which allows access to Monson from the end of Wallingford Rd.

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, April 13, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Minutes were prepared by Rita Carroll

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:10 PM.

MINUTES:
Upon a motion made by Rod and seconded by Mark the minutes of the March 9, 2006 meeting were accepted as presented. Vote was 4 in favor, 1 abstaining.

APPOINTMENTS:

Attorney Andrew Prolman - Mitchell Brook/Boynton Hill Subdivision , M/L 45/2 ,3, 17, 20 and 50/1, 1-5.
Attorney Prolman and John Tenhave were here to discuss the wetland crossings that will be presented to the ZBA and to the Wetlands Bureau. The Dredge and Fill application to the Wetlands Bureau has not been completed. They are in the design review phase with the Planning Board and expect no changes to the location of the road and therefore no changes to the wetland crossings. They would like to have Zoning Board and Planning Board approval for the wetland crossings in place before filing with the state.
This open space subdivision encompasses 281 acres. 130 acres will be left as open space and the remaining acreage will have 97 residential lots. There are 12.5 acres of wetlands on the site. Five crossings for the main road are proposed with a wetland impact of 7,050 SF and a buffer impact of 28,000 SF.
New plans are currently being worked on that were not presented at this meeting. Attorney Prolman stated that wetland crossings have not changed in the new plans from what was presented tonight. The new plans address concerns expressed by the Commission in a memo to the Planning Board dated February 15, 2006. The boundaries of lots 13 through 17 are now aligned with the stone wall that runs along the back of the lots. Attorney Prolman stated that the vernal pools and a portion of their buffers will be left in the open space, although in the plans we had before us, parts of the vernal pools were still incorporated in the house lots.. The line for lot 74 will also be shifted due to the large wetland in the front. The cul-de-sac near lots 75 through 86 will be relocated to contain the glacial erratic.
A site walk was held on April 8th . The report is attached to these minutes.
Attorney Prolman explained that wetland impacts are due to the main road in the subdivision. The location of the road has been determined by the Planning Board's request for two accesses to the development, with one being a connection to a previous Boynton Hill subdivision, (Elite Construction, M/L 40/104). The crossings are culverts with headwalls; some have catch basins. There is no curbing on the roads. All crossings are at 90 degrees to minimize impact. Attorney Prolman went through the 5 crossings and explained what would be involved in each. Photos of each impact area were also included in the packet presented. It was noted by Attorney Prolman that some of the pictures are in the vicinity of the impacts, but not the impact itself, due to changes made after the photos were taken. He mentioned that on impact D the crossing is not in the narrowest part of the wetland. The road was originally located south of where the plan now shows, in the narrowest wetland area, but it would have been steeper than the allowed 6% Grade.
Commission members had questions and suggestions:
Diane note that the catch basins on impacts A and C are located in the wetland. She suggested they be located in uplands and drain to wetlands, as opposed to having the structures located in the wetlands. The state will probably request this type of design. She also mentioned that the wetlands impacted by C and D are headwaters for Great Brook. The Commission requests that the width of the bank remain unchanged and the stream bottom be left intact by using an open bottom box culvert, or other means that would accomplish the same objective. She asked about the small wetland at impact E, which will be eliminated. Will there be mitigation for its loss? If the wetland is eliminated the water needs to be accounted for. Attorney Prolman stated that there is no plan to create any wetlands. Mitigation is provided in protecting the vernal pools and the 130 acres of open space. He also stated that consideration will be given to the water flow by a stormwater swale to a detention basin. Chris asked if the road could be relocated to go around impact E. Attorney Prolman answered that because of the steep grade, there would be a greater impact on impact D's wetland. Audrey pointed out that on sheet 2 of the plan presented tonight, there is a house lot on the impact E site (lot 90). On sheet 1, the overview plan, impact E is located in open space. Whether or not there is a house lot at impact E needs to be clarified. She also stated that having a house lot at the impact could negatively affect regeneration of any remaining wetland and create more of a chance of impacts by the homeowner. Attorney Prolman stated that the lot lines are still being worked on, but that the impacts themselves will not change. Hub asked about the quality of water running off the site into wetlands. Attorney Prolman answered that there are many detention basins on the site. In terms of the quantity of run-off, Attorney Prolman stated that drainage calculations are currently being worked on. Rod asked if the main road could be relocated to come in off of Wolfer Rd. to eliminate impacts A, B, possibly C. Attorney Prolman answered that it was looked at and a road in that area would not meet grade requirements.
Mr. Levenson asked if the impacts to plants and wildlife were addressed. Attorney Prolman answered that the Natural Heritage Environmental Review letter regarding the presence of any threatened or endangered species is part of and will be included in the D&F application. Bob asked if any consideration was given for plants. He stated that he feels that Conservation should look at more than only the wetland impacts. Conservation should look at the entire site for other considerations such as impact on wildlife and vegetation and should comment on that also at some point. Diane stated that it is something that the Commission will be looking more at for comments to the Planning Board. For the wetland impacts addressed by the ZBA and the Wetlands Bureau, comments have to relate to the impacts only. For example, the request for open bottom box culverts at two impact areas was to minimize adverse effects on aquatic and other wildlife passing through the stream.
Attorney Prolman stated that he would like to come back to the Commission next month to answer questions posed at this meeting. Rita will draft a memo of questions and suggestions to him.
Mile Slip Property - concerns of abutters with ATV use - This item was postponed until the May 11 meeting at the abutters' request. Because the item was posted in the newspaper before the postponement, it was agreed that anyone attending would be allowed to speak; his or her comments would be recorded and what was said would be summarized and read at May's meeting. No discussion of the issue would take place.
Diane began the session by explaining that when the Commission initially advertised purchasing the 452 acres they advertised the property as being open to all users, including motorized vehicles. Milford's Conservation Land Ordinance states that any trails used by ATV's must be designated as such and adopted for trail maintenance. The New Hampshire ATV Club (NHATV) had offered to build, repair, and manage designated ATV trails at Mile Slip. There have been numerous complaints with regards to the ATV activity there and a meeting is scheduled (May 11) to hear from all sides. She then opened the floor for comments:
Mr. Savoy, a Milford resident, stated that he is an ATV rider who obeys the laws and tries not to upset anyone. He is only looking for an activity to have as a family. It was a nice surprise for him that Milford and NHATV formed an alliance to set up a place that everyone can enjoy. He believes that if "we patrol it and regulate it and use it properly, everyone should be able to enjoy it." He stated that there will always be someone to abuse it. "Don't let the one rotten apple in the bunch ruin it for everyone else."
Mr. Boisvert, a Lyndeborough resident, stated that he owns 830 acres in Lyndeborough and is on the board of NHATV. NHATV manages his property. He feels that NHATV is the best and most conscientious organization for this. Few towns have the expertise in knowing the laws regarding ATV's and how to apply them. They look to the state for guidance and education. He feels that the state should not have to enforce individual town laws. Enforcement is difficult and there needs to be a unified system. We have help from the state. Mr. Boisvert makes sure that each ATV user on his property is a club member, an educated driver. Regarding noise, he stated that NHATV discourages any change in equipment to increase noise levels. He feels that there should be a designated area for noise to be confined to and that the noise issue may be exaggerated. He stated that "We have expertise from the state. We have a piece of land that has been designated for the purpose of having this fun with the ATV's." He thinks we can operate without a problem. He stated that, " We will do whatever it takes as the NHATV Club managers to do the best job we can to make sure this small portion of land is protected so we can enjoy recreation." There is more than just ATV's. There are mountain bikes and snowmobiles. The motorized trails are a small portion of all the trails out there. He stated that they will be there at a call. He is among the people who go out on the trails wearing orange vests to help people. The ATV riders are doing the best job possible. They are family oriented. Handicapped riders use ATV's also.
Ed Carey, a Milford resident, stated that he maintains trails at Beaver Brook. He asked if hiking and motorized trails could be separate. Diane answered that yes, that is the intention. There are large areas with no ATV trails. The ATV club has gone out and built their trails already. The Commission does have some volunteers, plans to go out and mark trails, but has not done so yet. There are growing pains, but the intention is for separate trails for hikers and riders.
Nolan Jones, Milford resident - said that he is an engineer and asked what the specifications are for noise levels from ATV's. He thinks that NHATV should supply specifications to the Commission and asked if they (NHATV) have any noise measuring equipment. Mr. Savoy suggested that he call the NH Trails Bureau. The Conservation Commission office will send him contact information. There followed some discussion about manufacturers regulating their products.
Diane asked if someone on patrol could have equipment to measure noise levels and was told that an engineer needs to do it. A machine out of the store fits the regulations but someone may modify it to make more noise. Chris asked if they can be examined visually to determine if they have been altered.
Sean Mullin, Amherst - stated that there are approved exhaust systems for noise. They also have 'spark arresters" that eliminate sparks that can cause fires.
Diane stated that on May 11, there will be a meeting regarding this issue. The NHATV president, neighbors and the Milford Police Chief will be in attendance. The discussion is scheduled for 8 PM. She also stated that the trails designated for ATV use have been created and signs put up. There are a few wet areas that need rip rap and a bridge may be put in. The state has money available to the clubs for trail repair and maintenance. There have been problems with people going off the trails. The Commission is gathering information from all sources before deciding where to go from here.
Carl Olsen, Milford, asked what the Conservation Commission's vote was to have the ATV club manage the trails. And what effort was made to contact the Mile Slip Rd. residents to let them know this was going to happen?
Diane answered that before the Conservation Commission can purchase a piece of land or acquire an easement, they must go to the Board of Selectmen. The Commission does not own property; it is owned by the town. The BOS would not support the purchase of the property unless all taxpayers could use it, including those with motorized vehicles. The Commission did not think the purchase would be successful without the Selectmen's support. They also felt that because of the existing gravel roads at Mile Slip, the wheeled vehicles on designated trails following the rules about speed and noise, etc. would be able to coexist, with hiker trails being located elsewhere on the property. The trails designated for ATV use do not go near Mitchell Brook or any sensitive areas. As far as contact with the Mile Slip Rd. residents was concerned, Diane stated that she had met with the owners of the 12 lots at the end of the road, the ones that are most impacted by the purchase. She did not meet with residents of the entire road. She also stated that the purchase was advertised as being open to all uses, including ATV's and snowmobiles. Some of the publicity had pictures of snowmobiles and ATV's. The Conservation Commission is a manager for this property and is looking to work with all the parameters it has been given. It will take some time to work out all the details. It is not something we have had experience with. We don't allow motorized vehicles on any of our other trails. Diane has met with NHATV and stated that the Commission needs to work with them. The town has only had the property for 8 months and we need to see if we can work it out.
Mr. Olsen said, "To get a sense of how this played out, the Selectmen said that we cannot put it to the voters unless we include them, that all taxpayers have a right to use that property and in essence, the Selectmen approved of the ATV club managing the trails. And the residents were informed of this. Diane answered yes, and that yes the people near the end were informed, not the entire road.
As a follow up question, Mr. Olsen asked if once the land was purchased, was the management of it turned back to the Conservation Commission and is it the Commission that can make a decision now as to how it can be used? Or is it that once the vote had taken place, it has to be used at trails?
Diane stated that the warrant article did not specify what the land would be used for. But we must make every effort to follow what we told the town we would do with it. We do not know what percentage would have not voted for the land if it were no motorized vehicles.
Mr. Olsen asked if there is to be a change, would that change come from the Commission or from the Board of Selectmen? Diane stated that she believes it would come from the Conservation Commission. She stated that there need to be changes , not necessarily in the original plan, but in what is happening now. She has been told that Jeeps have been out there and our ordinance clearly specifies the size of vehicles allowed. Road vehicles are not to be out there. That was never part of the agreement. NHATV has done some work blocking accesses to road vehicles, but there are numerous accesses to the trails on that property. These accesses will be addressed. There are ways to deal with the problems. It is up to this board to decide what we will do. She encourages Commission members to go out to Mile Slip on the weekends. The property is currently closed.
Mr. Olsen stated that he has gone out there ~6 times and although he met polite ATV riders, he has seen no one managing the area. He saw ~14 vehicles in the area, 4 of which were trailers for multiple ATV's. Mr. Boisvert offered to give him his phone number and to be called to patrol if needed.
Mr. Savoy spoke again and stated that the Jeeps are an example of the "bad apples that will always be there."
Kim Stapel, Milford resident, stated that local residents had used ATV's on the property in small numbers for many years, but now there are a great deal more and many are from out-of-state.
Noreen O'Connell suggested that NHATV provide some manpower volunteer time to create new pedestrian trails. Mr. Boisvert, speaking for the NHATV club, said that they would not mind doing that.
There were no further comments from the group or from the Conservation Commission members. Mr. Boisvert thanked the Commission on behalf of the NHATV club.

UNFINISHED BUSINESS:

Mayflower Town Forest- report, discussion from site walk of March 26. This item was postponed until the May 11, 2006 meeting.

NEW BUSINESS:

Election of officers:
Wayne made a motion that Hub Seward be the Conservation Commission Vice Chairman. Rod seconded the motion and the vote was unanimous in favor.
Audrey made a motion that Diane Fitzpatrick be the Conservation Commission Chair. Rod seconded that motion and the vote was unanimous in favor.
Knight Street - This item was not addressed at this meeting.
Presentation of the Souhegan River Watershed Management Plan, - Diane told the group that the Souhegan River is designated under the Rivers Management and Protection Program and because of that, it has a Local Advisory Committee. Diane is on this committee, which wrote a management plan with the help of the Nashua Regional Planning Commission and a grant from the NH DES Watershed Assistance Bureau. The management plan includes assessment of the corridors, such as damaged areas and conditions of dams and bridges. It also contains an inventory of resources, existing regulations, water quality, uses and strategies on how to address problems. The document is in the office and is on a CD. Rita will make copies of the CD to give to members at the next meeting.
Beaver Brook/Holland Farm - this item was not addressed at this meeting.
Pictometry - On March 31 departments were asked to consider sharing the $6588 cost to acquire an enhanced version of the pictometry product that the town will be receiving soon thanks to the City of Nashua's efforts in obtaining grant funding for itself and the surrounding communities. This will make up one of the layers of the town's GIS system. The enhanced version will have better detail and clarity than the one we are receiving from Nashua. If each of 13 departments that would benefit from this product contributed equally, the cost to each would be $507.
Rod asked if this were a recurring charge. We will not own the photographs. If not all 13 departments that were sent the request are interested in contributing to the cost, the cost could go up. Also the BOS had been concerned with privacy issues, but apparently only the town could access the photos, not the public.
Hub made a motion that $507 be spent from the Forest Fund for Conservation's share of the Pictometry purchase. If more money is needed, then the Commission will have to vote again. Audrey seconded the motion and the vote was unanimous in favor.
GPs software - Diane brought up the fact that we are unable to download our tracks from the Commission's GPS unit. The unit has very little value without this ability. She has researched software that would allow the Commission to do that and found one that would be the best choice. She asked the group to expend $116.65 to purchase 010-10215-02 MapSource Topo US. Chris suggested looking at Amazon and e-bay also. Audrey made a motion to approve an expenditure of up to $150 from the Forest Fund for software for the Commission's GPS unit. Hub seconded the motion and the vote was unanimous in favor.
Boy Scout volunteer work - Bob Sinkiewicz mentioned that the bridge at the entrance to the rail-trail, Chris Hardy's Eagle Scout project, was in need of maintenance. Bob and his scouts sanded the railings, which were becoming full of splinters and they will stain it. They also plan to continue to stain the picnic tables at Hitchiner. Rita will send him a list of potential scout projects for him to have on hand.

Interdepartmental Review:
Mark had expressed interest in learning more about how to read plans in order to make comments. Diane stated that she would like to offer training for any members who would be interested. Members agreed to meet on April 27th at 7 PM in the Planning Board conference room for a work session. Rita will post it and remind members.

PSNH - Scenic Road hearing to allow removal of brush, less than 4 inches in diameter on Jennison, Joslin, Mason, Melendy, North River, Osgood and Savage Roads.
Commission Comments:
"Purpose of trimming and removal of trees on this and any other scenic roads within the proposed work area". Is this a blank check for all Milford scenic roads? Time limit?
St. Louis/White, Elm St. - M/L 7/8 - application for gravel removal permit.
Commission Comments:
Conform with state regs for gravel removal? Buffer to abutters and depth to groundwater. Show wellhead radius, 400', lot 7-6.
Suggest do not go deeper than elevation of 7-8-1, 256'.
Charles and Elizabeth Bosler, Chase Ln., Falconer Rd. - M/L 17/11 - subdivision of one lot into two.
Commission Comments: No comment
Doug and Danielle Peckham, Elm St. - M/L 19/18 - proposed conversion of apartment to adult day care center.
Commission Comments:
No comment / % open space?
Scott Brown, Union St. - M/L 42/37 - non-binding discussion of proposed 29-lot subdivision.
I heard that the Scott Brown subdivision may ask to be excused from the open space requirement, since the district the property is in allows small lots and they don't think there is any area with open space value.
Commission Comments:
Minimum lot sizes in Residence A is small, making open space requirements difficult. We would like to see at minimum the wetlands and buffer out of lots in protected space. Wetland and buffer restrictions need to be on the plot plans for individual lots and possibly also in the deed. Wetlands affect lots 1, 9, 10, 12 and 15. Drainage easements on detention and drainage swales.
Stetson, Federal Hill Rd. - M/L 53/21, 21-2, 21-3, 24-4 - proposal to combine 5 lots into 1, and to then subdivide the 1 lot into two.
Commission Comments: No comment
Woodside Development, Federal Hill Rd. - M/L 59/4 - regional impact hearing for proposed minor subdivision on Milford/Hollis town line. Also may involve removal of trees and disturbance of stone walls.
Commission Comments:
Same comments as previous review. Open space design in next phase needs to address parking for 25 cars for Monson and trail connection going west.

REPORTS:

Pedestrian bridge in Emerson Park - Rod reported that work will start again on this bridge that goes over the gully with boulders in Emerson Park. He will create a materials list and obtain quotes. When the quotes are done, Rod will e-mail members to set up a work day. This project was initially part of a grant and is compliant with ADA rules for handicapped accessibility along this trail in the Park.

Non-Public Session: At 9:42 pm, Wayne made a motion, which was seconded by Audrey to go into non-public session to discuss a land issue. At 10:10 pm, Audrey made a motion, seconded by Wayne to come out of non-public session. No decisions or motions were made.

There being no further business to come before this meeting, the meeting was adjourned at 10:30pm.

The next regular meeting of the Conservation Commission is scheduled for Thursday, May 11, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

ATTACHMENTS: Site Walk Report, Boynton Hill Subdivision, April 8, 2006

Chris Costantino & Diane Fitzpatrick met with Jay Heavyside and Tom Carr of Meridian, Andy Proulman, attorney for the developer, one of the partners developing the parcel, Lauri and friend from the Wilton Wanderers Snowmobile Club, Matt Sterns, Brenda & Stanley Nowicki, Milford abutters and an abutter from Wilton.

The walk started at 9am and ended at 11:30. We met at the end of Boynton Hill Road and walked along where the new road is expected to be built. We examined the first 2 wetland crossings. We then proceeded to the stone wall we asked to have used as a boundary of the open space rather than be included in several lots. We inspected the Vernal Pools and also the wetland in the front yard of Lot 74. We all climbed the hill, took pictures of the erratic and then toured the Gutterson homestead. On the return trip to our vehicles we looked at the 2 other proposed wetland impact locations. I have pictures of all these spots to show at the meeting.

Recommendations from Chris and Diane: The 2 wetland crossings that impact Great Brook should use open bottom box culverts, or some other alternative, that preserves the natural stream bottom, is at least the width of the channel and does not impede the movement of salamanders, frogs, fish or other aquatic life in the stream. The stone fence identified at the last meeting should definitely be used as the open space bound and not incorporated in house lots. The Vernal Pools are active with many, many egg masses in evidence. These pools need to be wholly in the open space with as much buffer as possible. The wetland in the front of lot 74 should not be the front yard of a house lot. We are pleased with the amount of open space surrounding the historical homestead, there was a large cellar hole for the farm house, a beautifully preserved well, a barn foundation and several other stone constructions. We observed many piles of moose droppings in various stages of decay, a few were very fresh.

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

MINUTES:
Rod made a motion to amend the minutes of the April 13, 2006 minutes to add the wording: "to discuss a land issue" to the motion to go into non-public session. The motion will now read, "Wayne made a motion, which was seconded by Audrey, to go into non-public session to discuss a land issue."
Chris seconded the motion to amend and the vote was unanimous in favor.

Chris made a motion to add Mark Turner as being present at the April 13, 2006 meeting. Rod seconded the motion and the vote was unanimous in favor.

Hub made a motion to accept the April 13, 2006 minutes as amended. Andy seconded and the vote was unanimous in favor.

Andy made a motion to accept the minutes of the April 27, 2006 work session as presented. Mark seconded the motion and the vote was unanimous in favor.

MINUTES SUMMARY/DECISIONS/MOTIONS:

MITCHELL BROOK/BOYNTON HILL SUBDIVISION: Commission members decided that they would wait before making any decisions on whether or not to recommend approval of the wetland crossings to the ZBA. They will decide after they have reviewed the wildlife study. They scheduled a work session for Thursday, May 18th at 7pm in the Planning Board meeting room.
DECISIONS MADE REGARDING ATV USE AT MILE SLIP TOWN FOREST; At this meeting, members decided that before the trails are reopened to ATV's:
1. The wetland crossings will be permitted by DES and constructed.
2. The parking lot for vehicles bringing in ATV's will be relocated to an area away from homes.
3. Rules will be posted. One, possibly two, kiosks will be constructed with rules and a map of designated trails.
4. Patrols will be scheduled for education of riders and reporting of infractions.
5. The property will be open to ATV's from the weekend before Memorial Day (pending an inspection to determine that the trails are dry) and will close on November 1.
*This year the property will probably not open until sometime in August, due to the length of time that DES permits and wetlands crossings, etc. will take.
No decision was made on whether or not restrict hours that the property is open to ATV's and whether or not to close to ATV's on one day of the weekends. Commission members will think about this and see how things go when the property is reopened late this summer. Speed limits will also be posted.
3. PEDESTRIAN BRIDGE AT EMERSON PARK: With regards to the materials needed to complete construction of the bridge over the boulders in Emerson park, Hub made a motion that the $3100 voted on in Sept. 2004 be increased to no more than $3600 for the construction of the bridge. Mark seconded the motion and the vote was unanimous in favor.

APPOINTMENTS:
7:15 - Jay Heavisides, Meridian Land Services - Mitchell Brook/Boynton Hill Subdivision - M/L 45/2, 3, 17, 20 and 50/1, 1-15 - Jay was present to answer questions from last month's meeting about drainage and to present the latest concept for the subdivision. He stated that the location of the road has not changed. Some lot configurations were changed to accommodate the Commission's requests. Access was added to land in Wilton. Vernal pools with some of their buffers are now located outside of the lots. Lots lines were changed to align with existing stone walls in many locations and the glacial erratic is now on one of the cul-de-sacs. The large wetland in lot 74 now is located partly in two lots, rather than just the one. A few lots were added; a few were removed; there are still 97 lots proposed for the plan. The request for open bottom box culverts at impacts C & D was discussed. These streams are headwaters for Great Brook. The Commission had requested that the streambed be left intact to allow wildlife to cross. Jay stated that because of the steepness of the area he would have to use a very large culvert in order to do this. He would need to move the road, use an 8-10 ft. wide box culvert and accommodate a 15% slope, potentially creating more permanent wetland impact. He felt that wildlife would be able to cross the road, because it would not be a very large or busy road. He also felt that economically it would be unfeasible to do the crossing in this way and that the possibility exists that wildlife would still cross the road, even with the open bottom culvert in place.

Rod suggested using a bridge. Jay said that economics would make using bridges unfeasible. The stream is only 2 ft. wide by 6" deep and on a 15% slope the stream bottom may not remain anyway.

The request to locate the drainage structures (catch basins) out of wetlands at impacts A and B was discussed. Jay stated that because of the road being at the maximum 6% grade, he does not have a lot of flexibility in where he can locate the catch basins.

The Commission also has requested a wildlife study to be done. Jay stated that they are working on that.

The Commission had sent Jay UNH Fact sheet about the use of gravel wetlands. Jay stated that in an "ideal world", these might work, but he does not feel that they would work in the Boynton Hill site due to the steepness of the site and the large amount of run-off. He did state that he plans to put more detention basins in. He will include a number of small ones along the road.

Mark Turner asked who would maintain the drainage structures between lots 95 and 96 at impact D. Jay answered that the town would. These are the same concept that are at Falcon Ridge.

Mile Slip Rd. resident David Michel asked if this was the only location for a road up to the site. Jay stated that yes, it is the most efficient in terms of what is permitted on the site. Dave asked if it is possible to not impact wetlands. Jay pointed out how the wetlands cross the site and showed that they would have to be impacted somewhere if the road is to cross the site. John Tenhave stated that a lot of time and money has been spent ensuring that the crossings have the least impact possible to the site. He stated that the site is 11 million square feet and that only 7,000 square feet of wetlands are impacted. Diane stated that a decision on whether or not to recommend approval of the crossing to the ZBA would not be done right away at this meeting. She asked if the Commission needed to have their position ready for the ZBA the following Thursday. Jay stated that they have postponed their appointment with the ZBA until the wildlife study has been completed.

Dave Michel asked if the flow studies were done based on present water flow off the site or the water flow after lots have been cleared and the road has gone in. Jay answered that both are calculated; as part of standard practice they look at existing and proposed conditions.
When asked by Mr. Michel about the need for detention basins, Jay answered that the state does not allow use of wetlands for detention. The engineers provide detention in detention basins created in upland areas before releasing the water to wetlands.

A Mile Slip road resident stated that Jay probably did a great job engineering the site. He is concerned, however, with the amount of trash that could be thrown with the number of houses coming in. His wife picks up trash on Earth Day now and this year filled 23 bags.

Anthony Tosi,Mile Slip Rd. stated that the lots were changed to accommodate stone walls which were man-made, not created by nature. The roads are not being built to accommodate the wetlands and they were created by nature, not man. 7,000 SF of impact is being shrugged off as not a big deal, but it would be better to have 5,000, 4,000, 3,000 or none. No one said they had to build on this property. Jay stated that when the road was first laid out the wetlands were the major consideration. They tried to avoid as much wetland impact as possible.

Mark Maloon, Mile Slip Rd. felt that they had done a good job and that Mile Slip Road might benefit from having another access to it for fire protection and the ability to leave the area if needed.

Ron Eichler stated that when Mile Slip Rd was constructed, wetlands were destroyed others were created. He felt that for this project the same thing will happen. Wetlands will be destroyed and others will be created by run-off.

Meara Michel stated that recreating a wetland does not always work out. It is not necessarily a biologically feasible or healthy thing to do.

Martin Sample, Mile Slip Rd., thought that the cost of a bridge could be balanced by the fact that 97 lots are going in. He also expressed concern with the impacts to the water table.

Dave Michel asked if the Commission should consider costs in their recommendations. Jay stated that cost does not affect the impacts much. The impact area would be nearly the same. They will go with the recommendations of the Planning Board and the ZBA.

At the end of the meeting, after the Mile Slip public hearing, members decided that they would wait before making any decisions on whether or not to recommend approval of the wetland crossings to the ZBA. They will decide after they have reviewed the wildlife study. They scheduled a work session for Thursday, May 18th at 7pm in the Planning Board meeting room.

At 8:00 the meeting was reconvened in the Banquet Hall for the Mile Sip public hearing.

8:00 - Mile Slip abutters (David Michel, Kim Stapel) - concerns with ATVs at Mile Slip. Diane began the hearing by explaining that the town purchased the property and agreed to allow NHATV to manage the trails for ATV use. Right now the property is closed to motor vehicle use for two reasons. The NHDES Wetlands Bureau has received a complaint of wetlands being impacted without permitted crossings being installed. There also have been numerous complaints by neighbors of noise levels and large numbers of ATV's and other vehicles in the area. She stated that after hearing public input, the Conservation Commission, with the cooperation of the Board of Selectmen and the Milford Police, would make some decisions as to what rules will be in place before the property can be reopened to ATV use.

Diane read comments that were made by residents present at last month's Commission meeting and then opened the floor for public input.

Rick LaCourse, President of the New Hampshire ATV club, stated that the wetland crossings were not yet constructed because the club is waiting for grant funding to use to do the work. He suggested that hours of operation and speed limits be instated for the property.

Shelley LaSalle, Mile Slip Rd., asked what the wording was in the original warrant article. Diane answered that the warrant article did not specify what the uses of the property were to be. However, when the Conservation Commission approached the Board of Selectmen to ask that this warrant article be put on the ballot, they were directed to include all users. All taxpayers needed to be able to use the property. The advertising for the vote regarding this property did include ATV usage.

John Livingston of the Brookline Ice Breakers stated that NH Fish and Game does test for noise levels with noise meters. There is a device that is portable that has the ability to do the testing.

Mark Wojtkun, Trail Master of the NHATV Club, stated that it is illegal to modify the exhaust systems to make the vehicles louder.

Kim Stapel, Mile Slip resident stated that she felt that the amount of work needed to be put into permitting and creating the wetland crossings for the trails seems like a lot, considering it is only a 3-mile loop. She asked about the responsibility for people coming in and going off the Mile Slip property and if the intent is to eventually link to Brookline.

Diane answered that ATV's are not allowed on any property without written permission of the landowner, unless signs are posted permitting ATV use on the property. Abutters have complained that people using the property have gone off onto private lands. The Mile Slip property is 'porous'. There are many old logging roads and the power lines. It is easy to enter and leave the property from many different directions. This is something that the Commission needs to consider. Signs have been posted, but many have been taken down.

Rick LaCourse stated that in a few weeks, after "mud season", many other areas will open up to ATV use and there would not be as many people seen at Mile Slip as had been in the past. Many people came to Mile Slip initially because they were curious to see what the new trail system was like and most of the other areas were closed for mud season. He stated that after the trails at Mile Slip are all set they can discuss opening up to other sections.

A resident stated that she was out to the area and spoke with someone on a dirt bike who told her he put 19.5 miles on his odometer.

Fritz Siegrist, Osgood Rd., stated that he lives near the border of Brookline. He sees a lot of people coming in that are in for a good part of the day, so he would suspect that they are going into Brookline. It's private property on that side of Brookline.

David Michel of Mile Slip Road stated that there had been a neighborhood meeting regarding the issue of ATV's at Mile Slip. People felt the park should be open to ATV's in that it had been used for ATV's for a long time. What is different now is the level of noise, intensity of use and lack of regulations. What the residents are looking for are commitments from the ATV Club and riders as to what type of use will be permitted, the level of use and how a patrol system can be set up to enforce the regulations.

Diane said that the Conservation Land Ordinance states that there needs to be an established club to manage the property. It would regulate it, obtain insurance through the state, and take care of signs and wetland crossings, etc. Rick had told her that unless there were a sufficient number of local people who would volunteer to patrol the property they would not take on the trails.

Rick LaCourse said that in January they had a trail patrol-training program here in the Town Hall. Patrols are available to go to the property wearing orange vests to educate (not enforce) people about the rules. He stated that 16 people signed up to patrol and that they were to take turns patrolling. His goal is to get trail patrols and a committee here in Milford for weekends. These volunteers would also work on trail maintenance, take care of signs that are knocked down, and post signs stating the violation costs for driving through wetlands and for removing signs. The patrols are supposed to fill out a form with the license number and/or description of any riders doing anything wrong. The forms can be given to Fish and Game and the Milford Police.

Police Chief Douglas was asked to speak and began by asking, "Where have you been for the last month?" He stated that he thought the trail patrol program is a good thought. The police have been receiving numerous complaints over the last month. He feels that there is a problem with lack of maintenance and lack of NHATV Club presence in the area. When complaints are made, police will respond. Their time is being used and often the issue cannot be addressed, because the person is no longer there. They have received a grant and are or have purchased an ATV and an off-road motor cross bike. He stated that he would commit, that if the ATV Club does not take care of the problems, they would.

Chief Douglas also described talking with a landowner who lives west of the area and has always opened his land to riders, hunters, hikers, etc. In the past 5 weeks he and his wife have been devastated by increased use and abuse by ATV's on his land. A section of his fence was taken down. If existing trails extend west, the Club either needs to expand its trail system or post or gate the accesses to other properties. The Club is responsible for this area west of Mile Slip and needs to make contact with landowners. Chief Douglas stated that people do not know where they are going. There are no signs, no direction and no control. Mark Wojtkun stated that he has put signs up, but that he cannot go off the property onto the abutters' private property. Chief Douglas suggested that NHATV meet with the landowners in Mason. They are upset. He also suggested that the signs be put up high and wrapped in wire to make them hard to remove. If the signs are not there, the police cannot do anything about it. He stated that the educational part of the trail patrol responsibility is very important.

Gail Vrouhas stated that she lives on Tucker Brook Road, that ATV's have ridden through her front yard to other areas and that police have questioned her about it because she has ATV's. ATV abuse happens everywhere.

Police Captain Fortin said that problems with ATV's are not unique to the Mile Slip property. In the past year, they have identified the problems and applied for a federal grant to purchase a 4-wheeler and a motorcycle. They will be able to address the abusers and will take quick decisive action, by giving a lot of tickets, etc. Diane asked if they could act on a report by someone observing illegal activity. Captain Fortin stated that if they get a plate number or a pattern of use by someone they can intercept an abuser. They will be able to do more enforcement than they can right now. He said that the trails being located so close to houses should be addressed

Harry Sandel stated that he lives at the end of Osgood Road and that ATV use on Osgood Rd. is a disaster because of abandoned vehicles, trash, beer cans, partying and gunfire. The police are unable to chase them because they are in cars. He felt that putting ATV people in charge of ATV use is "like putting a fox in charge of the chicken coup." He also said that often you cannot get a license plate number because there are no license plates. He said there is a lot of noise, exhaust fumes, speeding and that there is no way to control it.

Craig Hamilton of Milford stated that part of the problem is that there is no where for ATV's to ride. He felt that moving the parking lot at Mile Slip would be a way to improve the situation. He thought that Fish and Game should be in charge of the areas. Diane stated that there is only one officer for 10 towns. Craig also said that he felt the entire woods are wet and that he does not know where the wetlands are. He thinks that 3.5 miles of trails is better than nothing. He had written a letter to the BOS to ask permission to ride at the BROX Property; this request is still pending with the BOS. He stated that the partying and trash in the areas are not necessarily ATV riders. It is due to kids partying in the areas and not necessarily the ATV riders' responsibility.

Diane mentioned that she and Selectman Gary Daniels had walked the trails on May 10. Selectman Daniels told Diane that when the skateboard park was originally constructed there were a lot of problems with vandalism and use of the park off hours. The park was then closed. A local club formed, put together some rules, cleaned up the park and the park was reopened. The local club now monitors the park. Diane stated that Milford needs a core group to spend time out at Mile Slip.

A resident of Mile Slip Rd. stated that once ATV's are established in an area, the ATV's dominate. He said that they need to talk about others who want to use the property, such as hikers, horses, and people with small children.

Tammy Savoy stated that she and her family are ATV riders and that they do it as a family and obey the laws. Her son said that he feels that cars can be and sometimes are just as loud.

Daymond Steer of the Milford Cabinet asked when the property was purchased by the town and when was it legal to ride ATV's on the property. Diane answered that the property was purchased in August of 2005. The trails were designated for ATV use in the fall of 2005 and were legal to ride when the ground was frozen. All ATV trails in the state, with the exception of a very few, are closed once the ground thaws until the weekend before Memorial Day, 'mud season'. They cannot be open again to the public until all the places where the trail crosses a wetland are addressed. The trail would need to either be shifted away from the wetland or a bridge or culvert or some acceptable crossing needs to be done. The NHATV Club will apply for a permit from the Wetlands Bureau to address all the crossings. Because the wetland crossings were not yet done with permission of NHDES, it should not have been opened to ATV use once the ground thawed.

Larry Boisvert stated that he thought the discussion was trying to address a national problem with ATV abuse and that that does not mean that NHATV cannot control the use of ATV's at Mile Slip.

Diane then asked for public input with regard to suggestions for solutions to the problems.

Sandy Dannis, Federal Hill Rd., asked if the area will be a regional park with people coming in from Massachusetts. Diane answered that that is something that needs to be discussed if NHATV is to manage the property. NHATV is an experienced group who knows the rules and have built and maintained the trails. The Commission felt that having NHATV manage the property would be the way to go. If NHATV continues to manage the trails it needs to be open to more than just Milford people However, maybe Milford is up to managing its own ATV use at Mile Slip.

Shelley LaSalle, Mile Slip Rd. asked how the wilderness aspect of it could be maintained. What was once a meadow is now a very busy parking lot. Great Blue Heron are seen down in the wetlands along with deer, black bear and more. Now there are large 4 -wheeled vehicles. She saw a Jeep Cherokee and old Ford Bronco with large mud tires continue down Mile Slip road. Will NHATV police them also? As far as the jeeps are concerned, Diane stated that Mile Slip Rd. is right now a Class 6 Road and 4-wheeled vehicles are allowed on it. The Commission may be looking at the possibility of changing that status. No road vehicles are allowed on the Mile Slip trails that are designated for ATV's.

Carl Olsen, Shady Lane, stated that he has done some research and has been unable to find a good model of ATV's, horse trails and hiking trails. A lot of states have pulled back from allowing ATV's because the uses are not compatible. The Commission should look for models of where it actually works. As a voter he would have liked to have had a chance to vote as to whether or not the property would be kept as conservation land, or whether to create an ATV park. Diane said that it is not our intention that hikers and ATV's use the same trails.

Dave Michel had some suggestions for solutions. He suggested that enforcement of rules be done both on the trails and in the parking lot. He also suggested that ATV's be allowed in the area on only one weekend day, and that NHATV be present to enforce on both days. He suggested that someone in the parking lot make a list of all the registrations of people using the park, so that you can identify someone coming in from the other directions. He also suggested having some sort of noise patrol and that in additions to signs, gates or boulders be used in various areas to control access.

A Mile Slip Rd resident stated that Milford has many trails that are for hikers only. He feels that it is time for there to be an ATV trail. He asked how far the Class 6 road goes and was answered that it goes all the way to Brookline

Martin Sample, Mile Slip Rd. suggested locating the parking lot farther into the woods and putting a map of trails at that parking area.

Paul Marshall, Mile Slip Rd. asked if Mile Slip Rd. was the only access to the Mile Slip Town Forest and if there is a possibility of another access for it. He was answered that yes, it is the only access.

Mark Maloon, Mile Slip Rd. stated that there is a trail that has successfully been multi-use. It is called the Sugar River Trail and runs from Newport to Claremont. He asked if we have 450 acres, why can hikers not go to other trails? He cannot see why we cannot make it work. He also stated that moose are not afraid of the noise. He said that we have had the property less than one year and are not successful yet, but feels that we can make it work.

Meara Michel suggested that the hours be limited to not include evening. There are a lot of children. She asked how many culverts would be needed for the trail crossings and mentioned that this has been a very dry year. The two trail loops are very wet. She wondered if this is the right property for ATV's especially if Boynton Hill gets developed. Where will the wildlife go? There are moose in the area and we need to think about that.

Ron Eichler brought up another suggestion made at the neighborhood meeting. He suggested that a fee be charged to ride there. It could be turned into a revenue source for the town to pay for the enforcement and upkeep.

Kim Stapel said that the average stay for people in the park for 2-4 hours and asked how they can be just riding only a 3-mile loop that takes 15 minutes. She asked if this is going to be an enclosed loop and if it is worth all the time and effort for the crossings. She showed 2 photos along Brookline property with 3 no trespassing signs and a stop sign and felt that riders have full knowledge that the road goes onto another's property. She asked how NHATV could be responsible for extension onto others' properties and for others coming into the Mile Slip property. She said that if the loops are enclosed and only 3 miles, that is great, but she does not think that is what the riders really want. Kim also showed a video of vehicles at Mile Slip and described some of the problems she saw with the ATV's.

Chief Douglas stated that most of the complaints are from the parking lot and suggested moving the parking farther south on Mile Slip Road and using the current parking lot for hikers to park only. In terms of exhaust systems (noise), the only way to enforce is with a decibel meter. There are only 4 in the state owned by Fish and Game. When asked if it would be helpful if patrollers carried cameras, Chief Douglas stated that anything that would document the problems would be helpful, but people normally do not like having pictures taken of them and he advises against any confrontations.

Captain Fortin suggested using maps, gates and bars to block parking lots when the park is closed and to limit access on Mile Slip Road. He suggested educating people with a large sign. Diane stated that if the park is open to hikers, the lot needs to be open so the hikers can park their cars. At 9:40 the meeting reconvened in the Selectmen's meeting room.

Diane stated that the public input portion of the meeting was concluded. The Commission members then discussed the issue and decided what needs to happen before the property opens again.

The Wetland crossings for the ATV trail will be permitted and constructed. Diane met with Dawn Buker, Wetlands Compliance Investigator for the NH Department of Environmental Services (DES), at the property. The ATV's cannot use the property until an NHDES Dredge and Fill application has been filed, a permit issued and all the crossings completed.
Members agreed that the parking lot for the ATV's should be moved farther down the road away from the houses and that the existing parking lot be used for only hikers. Nick Devine, for his Eagle Scout project will construct a hiking trail. The trail has been laid out and is located away from the ATV trails. He plans to construct the trail this summer. Hub mentioned that the trail designated for ATV use currently runs through the existing parking lot. Chris suggested expanding the southern loop of the ATV trail and eliminating the northern loop, which goes through the parking lot and also through more wet and sensitive areas. Wayne agreed and stated that the southern loop has already been heavily impacted by historic logging operations and is on a larger section of the property. The property to the west and north is more environmentally sensitive. He asked if anyone knew what Mason wants to do regarding a possible ATV corridor down Mile Slip Road. Diane stated that the road to Mason is part of an allowed snowmobile trail. Having a core group of Milford patrollers contact abutters to see what needs to be done at the borders was suggested. The Conservation Commission needs to go out there. Rod asked who would be responsible for construction of the new parking area. Rick LaCourse stated that if there is any grant money left over after the wetland crossings have been done, they could use that money and their volunteers to do that and also put up gates.
Rules need to be posted. The NHATV Club will construct a kiosk and post a map and rules. The kiosk will be located in the new ATV parking area. Mark Turner suggested having a number of maps printed, so that riders could take one to have with the. Mark Wojtkun stated that they had had problems with that at Clough State Park. One person took the whole pile of maps to start a fire. Chris stated that the trails are well marked. A kiosk will also be constructed in the existing parking area, the one that will be for hikers only.
Patrols need to be in place. Who will be there, when they will be there and what they will do was discussed. Hub asked if patrols could patrol now while the park is closed. They need to be identifiable so that they are not mistaken for trespassers. Rick stated that he currently has people out there on weekends for ~1 to 1 � hours to let people know that the area is closed to ATV's. The sign posted saying that the property is closed seems to be working. Members asked that the schedule for patrols be e-mailed to Conservation and felt that there should be alternates for patrollers that cannot make their scheduled time. Hours for patrolling should be random and not posted publicly. Rod asked if the reports that are sent to the state could also be sent to the police department Rick said he currently mails to the association and the Trails Bureau. The Commission will check with the Police Chief and see if he would like the reports sent to him. A question was asked about towing if there is a sign up. If someone parks on the road because the parking lot is closed can it be towed? Can a truck in a closed parking lot be towed? Rick stated that he is concerned with all riders who do not follow the rules and ruin things for others. He is especially concerned with people who take down signs. When a sign is removed, other riders unknowingly may cross onto private property. Use of gates can prohibit owners of private property from using their own trails to access the ATV trails. And/or people may create new trails around the gates. The level of use of the area has surprised people during the past month. Larry Boisvert asked if there could be ways to limit the numbers of people using the area. Limiting the size of the parking lot and not allow parking on the road can potentially do this. Diane asked what a reasonable number of machines on the trails there would be. Rick answered about 10-50, depending on the weather conditions, etc.
Having a "season" for the property to be open to ATV's was discussed. Other users, such as hunters, hikers wanting to enjoy the leaves in the fall and cross-country skiers must be considered. It was decided that the property would open on the weekend before Memorial Day, only after an inspection indicates that the trails are dry. Rick indicated that the Club often uses the time shortly before the opening to clean up and inspect the trails. Members decided to close the property to ATV use on November 1. Rick stated that he is a hunter and feels that animals are not afraid of ATV's.

Commission members discussed hours that the property would be open to ATV's. Closing the area to both ATV's and hunters on Sundays to give the hikers some time was suggested. Audrey stated that she prefers mandating that riders belong to a club and that she does not think it is fair to riders or hunters who may work Mon - Sat. to close the property to ATV's on Sundays. Mark Wojtkun stated that enforcement could be a problem. He is unsure if he could get patrols to patrol on Sundays if they cannot ride on that day. Audrey suggested seeing how it goes for the time being. Because the wetland crossings need to be permitted and completed, the trails will not be opened for ATV use until August at the earliest. They will then close on November 1. Members agreed to not decide about setting hours for the property at this time. They will think about it. Rod suggested getting a new sign stating that the property is closed to ATV's temporarily. Hours of operation were discussed, with one suggestion being to have the property open one hour after sunrise to one hour before sunset. No decision was made regarding this. Members decided to think about this and decide another time. If the trail is partly relocated to be away from houses, hours may not need to be as restrictive as if the trail ran close to homes.

Speed limits will be posted on trails. After discussion of appropriate speeds, Rick stated that NHATV will post a 25 mile per hour speed limit on the trails and lower speed limits at the junctions (10 mph) and near homes (15 mph). It was also suggested that mountain bikes be prohibited from trails during mud season. Rod stated that he liked Chief Douglas' suggestion about contacting landowners in neighboring towns.

Meara Michels suggested that mating season for the wildlife, which is mid to late September through late October, be taken into consideration when deciding on seasons that ATV's should be allowed on the trails.

The Conservation Commission will take a site walk to consider abutting properties, where to post speed limits, size of the new parking lot, length of the existing trail, and locations for kiosks.

UNFINISHED BUSINESS:

Souhegan River Trail - Pedestrian Bridge - Rod had reported that: "The order for the cedar wood needed to finish the bridge has been placed. Three deliveries will be made so the work can be staged. The first will be made to my house as some of the wood needs to be precut. The next two will be made to Emerson Park. The plan is to finish the bridge itself in about a month and a half. I will ask for volunteers as the wood comes in. Hub is in charge of manipulating the landscape to allow for walkable and handicapped access to the bridge. After looking at some of the wood for myself and talking with the resident expert at Costal Lumber, I chose the wood grades I felt we'd need. After talking with Dave Ely, the architect, and based on Kevin Lynch's requirement that we make it so that a person would have to crawl over the railings in order to fall a new modification was added. The river side of the railings will include stainless steel cable rails as some of the fill-in. This will allow for a good view, as well as safety. I'm anticipating that we'll have to go over the $3,100 budget for the project. I don't think it will be more than $500.00 dollars over, but I need to research more about the cable rails before I can give an accurate amount. The unexpected, but needed and extra cost of the cable rails, the recent decision to use some higher grade cedar for certain sections, and the fact that wood prices have increased in general are reasons for the need to increase the budget." Hub made a motion that the $3100 voted on in Sept. 2004 be increased to no more than $3600 for the construction of the bridge. Mark seconded the motion and the vote was unanimous in favor.
Mayflower Town Forest - report, discussion from site walk of March 26, site walk to be planned for sometime in early June for Wayne and others to flag trails at Patch Hill and LeAnn open space. This item will was not discussed at this meeting.

INTERDEPARTMENTAL REVIEW:

Beaubien, Adams St - M/L 22/73 - subdivision of 22/73 into two lots.
Commission Comments:
The new lot has sufficient frontage and is large for the "A" zone, but the useable area is tight. If this is approved, the new owner needs to be supplied with a plan showing the area that can be disturbed for residential use. We feel there is a need to do a site walk to assure that the buildable area is "high and dry" and not likely that the buffer will be filled or needs to be impacted the make the lot livable. We would like to avoid the situation we have on Mill Street where the homeowners can not even add a deck without impacting the wetland buffer. Building envelope size and shape needs to be addressed in the revised subdivision regs. Does the "brook" have a buffer? It should not be disturbed.
Holder, Knight St. - M/L 39/66-1 - design review of a proposed 10-lot subdivision.
Commission Comments:
Conservation Commission does not object to waiving the open space requirement on this project.
Smith, Stabile Rd. - M/L 49/12 - 6 lot subdivision. Applicant is asking for a waiver from OS.
Commission Comments:
The Planning Board designed the open space for Wyman Farm with the intention of a future connection going north. This property is the north end of the undeveloped land in this area. Half of lot 6 and much of lot 5 should be open space with a connection to Stable Rd. or the new road.
Edna Nye Trust/Mattson, Osgood Rd. - M/L 51/1 & 46/38 - lot line adjustment.
Commission Comments:
No Comment on this lot line adjustment. However we would like to be involved early on when Lot 51-1 goes through the subdivision process. This lot borders Hitchiner Town Forest for well over 7,000 feet.

REPORTS:

Fletcher Cap Committee - Rod reports that: GE has come up with their 33% plan, and after looking at their plan the Town has provided GE with information about where it would like the utility corridors to be. Utility corridors require an extra level of excavation and cleaning in order for them to be safe for people who work in those areas. This can add to the overall clean-up expense. The amount of excavation, and soil clean up that GE proposes is much less than the Town originally had asked for. This applies to the whole site and not just the utility corridors. GE is making some assumptions that the EPA will likely challenge. These assumptions lie in how the test well data is extrapolated. On site monitoring while excavation is going on could be a way to fully or partially address the matter. The Town doesn't want to pave over the entire area. The Town is proposing some areas to have walkways. A clay barrier, at this point seems to be feasible, but the question is how deep down will the clay barrier be placed. In areas where deeper excavation will be required some plantings could be done, as the clay barrier would be deep enough to allow for this. Other areas may be limited to just grass. It all depends on how this very slow process eventually resolves itself, and where and how much excavation actually gets done. In the end GE and the EPA have to have a meeting of the minds.
Kiosk for Rail Trail - A group of 9-10 yr old cub scouts with their leaders have offered to construct a kiosk at the Trailhead at DPW.

There being no further business to come before this meeting, the meeting was adjourned at 10:40pm.

The next regular meeting of the Conservation Commission is scheduled for Thursday, June 8, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

The meeting was called to order at 7:10p.

The only item on the agenda was the development on Boynton Hill, Mitchell Brook Development. At the Commission's May 11th meeting, Jay Heavisides answered questions that the Commission had at the previous presentation on April 13th. The May 11 meeting was adjourned at 11pm without the Commission discussing their opinion of the wetland and buffer impacts.

After discussing the project at this meeting Commission members agreed upon the following:

The MCC has made comments on the preliminary site plan. However, we request a review and further comment once the wildlife study is submitted, a Dredge and Fill application is completed and a storm water plan is presented. The members strongly recommend a Dredge and Fill application be completed before the Milford Zoning Board of Adjustment consider a special exception.

Summary: The Conservation Commission is opposed to the plan as presented. The property is environmentally an extremely sensitive area. MCC would be more agreeable to a cluster development without the extensive road system and wetland impacts.

Following are MCC's comments relative to the criteria for special exceptions to impact wetlands:

6.027 Criteria For Evaluation:
A) For all projects requiring a Special Exception the applicant shall demonstrate by plan or example that the following factors have been considered in their design:

The need for the proposed project;
The MCC is not against development of property, but in this case we believe there are alternative plans that would have significantly less impact to the environment, the wildlife and the water resources on the site and in the three town region. It is our initial impression that the developer has sought to maximize individual house lots without giving enough thought to other alternatives that cluster housing units more closely, such as condominiums.
The plan proposed is the alternative with the least impact to the wetlands, surface waters and/or their associated buffers;
The MCC is not convinced that the plan as presented is the alternative with the least impact. A previous preliminary plan, in the same area created by a different developer proposed an access road off of Wolfer Road. The grades along Wolfer Road are similar to those at the southern end of the project. Entering from Wolfer Road would avoid wetland crossings A, B, and C.
The proposed method of crossing the wetland "D" would disconnect the upstream and down stream sections of the brook. MCC recommends bridging for this location so the surface waters can retain their normal flow. Although this is not a wide crossing the recommended culvert does not allow for migration of any aquatic life.
MCC recommends no wetlands be included within houselots.
The impact on plants, fish, and wildlife;
MCC has not yet received the requested wildlife study for this site. We do not definitively know if it is supporting habitat for species of concern but there is a high probability that it is. There is regional concern for this property and adjacent properties to be preserved, as referenced in letters from Wilton, Mason, Brookline, and the Nashua River Watershed Association. The property is part of a 6,252 acre unfragmented habitat block shown on the "Coarse Filter Significant Wildlife Habitat BASE Map, prepared by the New Hampshire Fish & Game Department, August 17, 2004. It is also part of the area identified by the Trust for Public Land as targeted for protection in the "Squannacook and Nissitissit Subbasin Conservation Corridor". Significant unfragmented habitat is necessary for neotropical migrants such as warblers and thrushes. The area is also home to moose and bear which need large tracks of unfragmented habitat.
The impact on the quantity and/or quality of surface and ground water;
MCC would like to know the surficial material on the property and how deep it is. We have not seen the stormwater calculations. Based on information from the wetland delineation, comments from neighbors and data from DPW we surmise that there is currently minimal runoff from this property. If this is the case then the property may be a significant ground water / aquifer recharge site.
The plan as presented impacts 7,050 sq ft of wetlands and 27,990 sq ft of buffer. It will reduce the functionality of remaining wetlands on this property and adjacent properties. This effect is a concern for Great Brook, in that two streams on the property are headwaters for this brook. Also of concern is any negative impact to wetlands on SPNHF property, less than 1,500 ft. from the property line in Wilton. A relatively uncommon rhododendron swamp, is located within these wetlands.
In developing the site there is a high likelihood for blasting. Blasting can change flow by introducing new migration pathways for the groundwater. This can have a detrimental effect to wetlands and existing wells.
The potential to cause or increase flooding, erosion, or sedimentation;
MCC has not seen a storm water plan for this site. This property is extremely steep. If developed as depicted in the preliminary plan the potential to cause or increase flooding, erosion, and sedimentation is significant. The current flow at the entrance at Mile Slip Road is already a problem. Adding impervious surface (roads, houses) and high runoff ground covering (lawns) will greatly increase the potential for flooding and erosion. Again, MCC recommends a Dredge and Fill application be submitted and stormwater calculations be completed before the ZBA grants any exceptions.
The cumulative impact that would result if all parties owning, or abutting a portion of the affected wetland, wetland complex and/or buffer area were also permitted alterations to the wetland and buffer proportional to the extent of their property rights.
The house lots that have pieces of wetlands within their boundaries, are of concern to MCC. Once developed there will be no ability to control impact to the wetlands on these properties. We strongly recommend all house lots not include any wetlands.
MCC is also concerned that the 25 ft. buffer to the vernal pools is not adequate in size to support the species that use the pools and the surrounding uplands.
If all adjacent properties altered wetlands, the cumulative impact would eliminate the environment for the migrating birds and reduce the habitat area to the point where large mammals would not have enough space to exist.
The impact of the proposed project on the values and functions of the total wetland or wetland complex.
The property affects Great Brook, Mitchell Brook, Rhododendron Swamp, the Squannacook-Nissittissit watershed, and the Nashua River watershed. Again the current limited runoff from such steep slopes strongly suggests this property is a ground water / aquifer recharge area. The reduction of wetlands, change of ground water paths, and the increased run off from development will diminish the functionality of the wetlands on the site and adjacent properties.

From the
6.020 Wetland Conservation District (Amended 2003)
6.027 Criteria For Evaluation:

B) The Town of Milford shall place emphasis in preserving peatlands and marshes. This priority shall be based upon the rarity of those environments and the difficulty in restoration of the value and function of those environments.

MCC believes the Rhododendron Swamp in Wilton falls under the intent of this statement. The changes to the west side of the property could have a significant effect on the swamp.

The meeting was adjourned at 10pm.

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:17 PM.

MINUTES:
Upon a motion made by Audrey and seconded by Wayne, the minutes of the May 11, 2006 meeting were accepted as presented. Vote was unanimous in favor of the motion.

Upon a motion made by Rod and seconded by Wayne the minutes of the May 18, 2006 were accepted with the following changes:
Replace 6.027 A 1. "The need for the proposed project" with:
The MCC is not against development of property, but in this case we believe there are alternative plans that would have significantly less impact to the environment, the wildlife and the water resources on the site and in the three-town region. It is our initial impression that the developer has sought to maximize individual house lots without giving enough thought to other alternatives that cluster housing units more closely, such as condominiums.

Replace first paragraph of 6. 027A2 "The plan proposed is the alternative with the least impact to the wetlands, surface waters and\or their associated buffers." with:
The MCC is not convinced that the plan as presented is the alternative with the least impact. A previous preliminary plan, in the same area created by a different developer proposed an access road off of Wolfer Road. The grades along Wolfer Road are similar to those at the southern end of the project. Entering from Wolfer Road would avoid wetland crossings A, B, and C.

In 6.02 7A4, second paragraph, change sentence:
The plan as presented greatly diminishes wetlands by 7,050 sq ft and impacts 27,990 of buffer. to
The plan as presented impacts 7,050 sq ft of wetlands and 27,990 sq ft of buffer.

In 6.027A 7 delete the word "definitely". The sentence now reads:
The reduction of wetlands, change of ground water paths, and the increased runoff from the development will diminish the functionality of the wetlands on the site and adjacent properties.

Vote was unanimous in favor of the motion to accept the minutes with the changes.

APPOINTMENTS:

Rick Muehlke, Land Programs and Outreach Assistant - Nashua River Watershed Association - discussion of NH Landowners' Incentive Program.
Rick handed a packet of information to the members. The first sheet describes the Targeted Watershed Grant that the Nashua River Watershed received from EPA in 2004. Rick explained that this grant's focus is to maintain the quality of surface and ground water considering the huge development pressure that exists in both Massachusetts and New Hampshire. When impervious surface is greater than 8%, water quality begins to drop dramatically. These two watersheds are now between 7 and 9%. This grant is to prevent degradation of water quality, to hopefully do something before things get bad.
Rick then went on to discuss the NH Landowner Incentive Program (LIP), which is a program that the Commission may be interested in looking into. He explained that New Hampshire has received funds for this program from the US Fish and Wildlife Service. The program is brand new. NH had received funding in the past for program development; this is the first time money has been received for implementation. The funding is not for recreation or water quality. It is for habitat. Rick stated that no where on the application does it say that that a wildlife biologist must certify that that threatened or endangered species exist; they are looking for a specific type of habitat, not the species.
Typical funding for this program is approximately $100k. It is for private land only, not for public owned property and is for conservation easement acquisition and associated costs. Funds cannot be used for fee acquisition. The land on which the easement would be acquired must be privately owned and remain privately owned. (Non-profit is ok also.) The application asks who the ultimate holder of the easement would be. The easements must be to federal standards.
Although the May deadline has passed for application, there may be more opportunities this fall or next spring to apply for a grant. The application is done in two phases. The first phase is a fairly simple application. Applicants notified of preliminary awards would be asked to submit additional information.
Audrey asked if this program could be done in combination with the Trust for Public Lands' grant from Forest Legacy. Rick answered that he will look into this, but that normally you cannot combine federal funds with federal funds. He thought that maybe you could protect abutting parcels on one program with anther. He will look into in what way these two programs could combine.
The Commission members will think about what properties in town may be appropriate for this program and come up with some suggestions.
Nick Devine, Troop 407 Eagle Scout candidate. Nick presented his Eagle Scout Project Proposal to the group. He plans to construct an approximately 1-mile long hiking trail in Mile Slip Town Forest. It will be called the Mitchell Brook Trail. Diane, Chris and Rita have flagged the trail that will leave the north side of the parking lot, travel south partly along Mitchell Brook and end approximately � mile down Mile Slip Rd. Nick also plans to construct two benches and three signs along the trail. He will raise the funds to cover costs and plans to begin in June and finish in August.
Audrey made a motion to support Nick's Eagle Scout project as presented. Mark seconded the motion and the vote was unanimous in favor. Diane signed his proposal as a representative of the community. She mentioned that the flagging for the trail is a general suggestion only. Nick can make changes to the trail location if he feels it is necessary. Members expressed gratitude for the very impressive proposal to do this project.

UNFINISHED BUSINESS:

Mayflower Town Forest - report, discussion from site walk of March 26. This item was not addressed at this meeting.

NEW BUSINESS:

McLane Dam Land - Rita told the group that Dawn Griska, Selectmen's Secretary, had come to the office to talk about this property. She is an abutter. She asked if the Conservation Commission would be interested in having the property designated as conservation land and if so, would it have to be subdivided. DPW currently uses the southern part to store materials. She asked if there are any plans for accessibility for folks who are unwilling or unable to scale down the steep bank. She also mentioned that ATV's ride on the property and cause damage to the embankment. She suggested the canal be reopened and wonders if changing an area of woodland to waterway would be of ecological benefit. She also asked what the abutters are allowed to do to gain access to the property. Are bridges over the canal acceptable? She is concerned with the prevalent use of the land as a dumping/brush pile burning location. She feels that she would be able to get neighborhood help for a clean up for the area if one was scheduled.
Members discussed the issue. Diane told the group that in 2002 a volunteer had discussed obtaining a Land and Water Conservation Fund (LWCF) grant to create a handicapped accessible trail to the area in 2002. A landscape architect had offered to do a plan and possibly provide volunteers. A survey was done at that time and is in the office. Unfortunately, the original volunteer never continued with the work to apply for a grant. Diane also stated that DPW would probably not use the site for storage after the BROX property is available for them to use. How to keep ATV's out was also discussed. Perhaps making narrow switchbacks in the trail would be a way.
Members agreed to support asking for designation of the property as conservation land and looking further into possibilities for trail work. Handicap accessibility and erosion controls should be part of a plan, along with measures to keep ATV's out of the area. ATV's should not be that close to the river. A proposal would be written to the Board of Selectmen asking for management of the property and stating what Conservation would want to do and why. In discussions years ago, Pierce Rigrod had pointed out that this is a good area to develop for trails, because it is close to the center of town and would be used by many residents. Members decided that they would like to look further into the issue and set a site walk. They will meet on Middle St. on Thursday, June 15th at 6:00 PM.
Community Character chapter, Master Plan Update 2006 - This item was not addressed at the meeting. Members are asked to review the chapter and send comments to the office.
State Nursery Catalog - Members were notified that this catalog is available in the fall if they feel they would like to do plantings in town. Audrey said that the catalog is also available on-line.
The Conservation Commission Picnic - Sunday, July 30 . Rita will send out invitations next week.

OTHER BUSINESS:

David Miccithe, a resident of Amherst, stopped in the meeting to introduce himself as a candidate for the State House, for District 6, of which Milford is a part. David stated that the environment and conservation are key issues for him. He has for a long time supported the Sierra Club, the Granite State Conservation Voters' Association and Beaver Brook. He believes that the current legislature representing this district has been less than satisfactory with regards to voting on conservation issues. He feels they favor short-term economic issues over long-term environmental concerns. He stated that he would be proactive on issues of environment and conservation. Voting records of our legislators can be viewed on the Granite State Conservation Voter's guide, www.voteconservation.org.
David also stated that he has two benches from his garden that he would be willing to donate to the Commission for Nick Devine's Eagle Project. As part of his Eagle Scout project, Nick must raise funds himself and do the construction himself.
Fishing Area at Fletcher Paint site - Members felt that it would be more appropriate to accept the benches offered by David Miccithe and use them for Mark Turner's project behind the Fletcher Paint superfund site. Mark plans to create an area accessible to the public for fishing and picnicking on the Souhegan. This area is on the state-owned superfund site on Elm St. The clean up site is fenced in. There is a gravel parking area outside the fence, next to the OK Tools property, and a grassy area along the river. DES has asked the town to utilize that area as public space along the river.

Non-Public Session: Land Issue
Upon a motion made by Wayne and seconded by Audrey the members went into non-public session at 9:45 to discuss a land issue. Vote was unanimous in favor of the motion.

At 10:15, Audrey moved to go out of non-public session. Wayne seconded the motion and the vote was unanimous in favor.

INTERDEPARTMENTAL REVIEW:

Infanti Self Storage - M/L 8/54-1 - Site plan for self storage units.
Commission Comments:
Concern with pavement being located in the buffer was addressed by decreasing size of units on the south side of the site.
Was any provision made to maintain the ponding that exists upstream of the drive? A suggestion was made on Sept. 17, 2002 to construct two culverts, one above the other in order to recreate the current water flow which goes first through the existing culvert and secondly over the drive.
Scott Brown - Curtis Commons, Union St - M/L 42/37 and 42/37-9. - 30 lot subdivision
Commission Comments : If an open space plan is required, we would like to review it.
Holder, Knight St. - M/L 39/66-1
Commission Comments: No Comment
NEA Realty/Lorden - M/L 43/55, 56 - Lot line adjustment.
Commission Comments: No comment
Badger Hill Phase IV - M/L 51/26 - Lot line adjustment.
Commission Comments: # of acres open space when first approved?
# of acres open space presently?

REPORTS:

Old Farm Links Golf Course - Diane informed the group that the D&F application to construct 8 bridges across Tucker Brook needs to be resubmitted by the golf course owners. They had needed to provide additional information to the state within a time frame that has expired. They will probably appear before the Commission with a new application for the bridges. The riverbank stabilization has been approved and completed. The owners are also applying to the town for a discretionary easement, which will allow them to be taxed on the land under current use. As part of that application, they must demonstrate that there is public benefit; they mentioned a river trail that will need to be in place. The Local Advisory Committee has also asked the state to require a management plan for the riverbank to have it vegetated to avoid erosion in the future. The Commission does not know whether or not the state has made this requirement.
Boynton Hill Subdivision - Diane told the group that the wildlife study has been completed for this project. Jay Heavisides will be sending the report to the town after Attorney Prolman has written a cover letter. Conservation has also asked for a report from a Fish and Game biologist.

There being no further business to come before this meeting, the meeting was adjourned at 10:20pm.

The next regular meeting of the Conservation Commission is scheduled for Thursday, July 13, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Submitted by Rita Carroll

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

MINUTES:
Upon a motion made by Rod the minutes of the June 8, 2006 meeting were accepted as presented. Audrey seconded the motion and the vote was unanimous in favor.

Audrey made a motion to go into non-public session to vote on accepting the minutes of the non-public session of June 8, 2006. Motion was seconded by Andy.
In the non-public session motions were made to approve and to seal the minutes of the non-public session of June 8, 2006.
Audrey made a motion to come out of non-public session which was seconded by Andy.

APPOINTMENTS:

Marc Vanson, TF Moran - 44/11, 13-1 - presented a plan for a lot line adjustment and site development of 44/13-1. This property located on 101A, next to Stop & Shop. 44/11 is currently ~8 acres in size and has a house and barn. The lot line adjustment will transfer one acre from 44/11 to 44/13-1. The owner of 44/13-1 is proposing retail development. Plans to develop 44/11 have not been engineered yet, but the owner of that lot will probably develop the front area next to 101A. There also exists the possibly of future access being made to the rear of 44/11 for development of that area, which would involve some wetland impacts and D&F permitting. With regards to the current project, 44/13-1, a 14,820 SF building would be constructed. The parking lot will go to the edge of wetlands; there will be no wetland impact but there will be some buffer impact. A manmade pond currently exists on 44/11, which drains through a culvert to the Stop and Shop plaza. The proposed site will add to the drainage to this pond, with the water being treated prior to discharge to the pond. Developers have discussed the project with DES to determine if this is something under DES's jurisdiction. They sent proof that the pond is man made to DES and were informed that because there is no filing, impacts, structures, etc. in the pond and no wetland impacts, no permit is required. Stormwater detention in a man-made pond wetland is acceptable and no state permit process is needed if there is no direct disturbance within the wetland boundaries. Diane asked if there is room on 44/11 to develop the rear of the lot without impacting any wetlands. Mr. Vanson stated that there is currently a stream that bisects the rear of the lot running from a culvert under the highway (Rt. 101) to the pond. A building could be constructed on one side with parking on the other without impacts but an impact would be needed to access parking from the building. Hub asked if on the front portion (north) of 44/11 is there enough room to develop without encroaching on the pond. Mr. Vanson showed a drawing with a building smaller than the one proposed for 44/13-1 that would fit on the lot without encroaching on the pond. There would be a small amount of wetland buffer encroachment. When asked what the pond is capable of handling and if there is a possibility of water draining up into the parking lots, Mr. Vanson answered that the current landowner has never seen the pond flood and that the calculations show that the pond can handle a 10, 25 yr storm easily; it is full at a 50-yr. storm. The pond has enough capacity for 44/13-1 and 44/11 along 101A. If the rear of 44/11 is developed in the future, some other plans would have to be made for stormwater management. Rod asked who would be responsible for the maintenance of the oil traps. Because the site is located in the Groundwater Protection District, a management plan must be created that would address maintenance scheduling for the oil traps. Rod also asked where snow would be stored. Guard rails will be constructed around the south side of the parking area, which would prevent snow from being plowed into the pond. A note can also be included on the plan stating that no snow can be put into the pond. A site like this is also not heavily salted. The amount of impervious surface was discussed. Looking at the whole program, the pervious area is large. Lot 44/11 is not engineered yet. Mark asked why the wall on the lower left corner of the plan had an opening and was shaped the way it was. Mr. Vanson did not know and thought that maybe it was for aesthetics.
Members expressed no concerns with the project as presented. Mr. Vanson stated that he will forward his e-mail from DES regarding his discussion about the pond with them to the office.

UNFINISHED BUSINESS:

Community Character chapter, Master Plan Update 2006 - This item was not addressed at this meeting.
McLane Dam Land - A site walk was held on June 15. The report is attached to these minutes. The fact that this area is used by senior citizens and is a good place to improve trails on was discussed. Audrey mentioned seeing seniors coming to property from the nursing home next to St. Patrick's and also on Adams St. Members discussed the storage of materials by DPW on a portion of the property. The area where the materials are stored could be used as a parking lot. Seniors from Adams St. could enter the McLane Dam property from that end, without having to go down Summer St. if it were cleaned up. Some black fluid on the ground was noticed during the site walk. Members wondered if the current proximity of the materials to the river is in violation of the Shoreland Protection Act, even though the materials have been moved back away from the river. They decided that the first thing to do is to take photos and talk to DPW. One possible solution is to remove the materials from the property and store them at the Brox property. The Commission will also want to find out what areas on the property do and do not flood and if and where the river is stocked with fish. Andy mentioned that he ran across some information about grants for stocking fish.
Conservation Commission Picnic - will be held rain or shine on Sunday, July 30.
Mayflower Town Forest - report, discussion from site walk of March 26. This item was not addressed at this meeting.

NEW BUSINESS:

Instream Flow Study - Audrey informed the group that there will be an information meeting regarding the Instream Flow Study in the Banquet Hall on Monday night. She said that the information presented there will be very technical, and that those doing the study are yet not at the point where they will answer abutting landowners' questions about how it affects them. Information about the study is on the Web if anyone is interested. http://www.des.state.nh.us/rivers/instream/souhegan/wmpa.html. It deals with how the volume of water in the river affects the different uses of the river.
Conservation Commission projects - Diane informed the group that she will be out of town quite a bit in the next number of months and needs to turn projects over to other members of the commission. She and Rita will make a list of projects and Rita will be the point person in the office for the projects. ATV use at Mile Slip is one issue that will need to be addressed. Hub and Diane will meet with Dawn Buker (DES Wetlands Compliance Inspector) and Rick LaCourse (NHATV President) to discuss what needs to be done by NHATV regarding the crossings at Mile Slip. This meeting will happen sometime near the end of July. Work on the McLane Dam area was also discussed as being a worthwhile project to keep working on. In a discussion with someone from the state, Diane was told that this property would be an excellent candidate for a grant because of its proximity to downtown and its heavy use by senior citizens. There is also a lot of interest in the land in the southwest corner of town, which include the large unfragmented areas of Mile Slip and the proposed Mitchell Brook subdivision. Discussions regarding Trust for Public Lands and other grants should happen for these areas. Trail management and stewardship needs to be done. More members should attend site walks. Diane informed the group that the site walk for the Mitchell Brook development was a real "eye-opener." Diane will not be able to attend either the August or September ConComm meetings.

INTERDEPARTMENTAL REVIEW:

Jared Bosse - Saabworks - M/L 12/12 - building construction for auto repair.
Commission Comment: No comments or concerns.
157-159 Summer St. - M/L 17/18 - condo conversion.
Commission Comment: No comments or concerns.
Cahill Place, 486 Nashua St. - M/L 32/4 - elderly housing to condo conversion.
Commission Comment: No comments or concerns.
Retail Development, Nashua St. - M/L 44/11, 44/13-1 - lot line adjustment, building construction and future building pad.
Commission Comment: No comments or concerns. (See appointment)
Portrait Homes, Ponemah Hill Rd. - M/L 54/1-1 - driveway relocation on scenic road.
Commission Comment: No comments or concerns.

REPORTS:

Souhegan River Trail - Pedestrian Bridge. Rod reported that with the help of Mark, Hub, and Bob Walsh, the railings and the benches have been constructed on the bridge. The final load of wood has been delivered and is at his house. The flooring and cable rails need to be done next. Hub also plans to create the approaches to the bridge, probably out of rock, gravel and stone dust. Mark mentioned that he has access to broken granite. Diane mentioned that Leighton White had donated stone dust that they used to smooth out the floor of the tunnel under Rt. 101 for the Rail-Trail.
Fishing Area near OK Tool Superfund site - Diane informed the group that she has spoken with Tom Andrews at NH DES regarding how to get permission to create a public access fishing and picnicking area at the site. (See minutes of June 8, 2006). Mr. Andrews told her that a letter should be sent asking permission to do the work. Rita will contact him and ask to whom the letter should be addressed and what should be included in the letter. A small area for some cars to park currently exists which may need to be mowed or graded. The area along the river would continue to be mowed and some plantings would be placed near the road.

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, August 10, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Meeting Minutes submitted by Rita Carroll.

ATTACHMENTS:
McLane Dam Site Walk Report
June 15, 2006 at 6:00

Attendees:
Rodney Dellafelice - MCC
Donna Dellafelice - public attendee
Wayne Hardy - MCC
Mark Turner - MCC
Diane Fitzpatrick - MCC Chairperson was there just prior to the walk start, but didn't participate in the actual site walk.

Diane passed out maps to the site walk group and explained that the McLane Dam was the dam just before the last dam (the last being in Merrimack) where the Souhegan River joined the Merrimack River.

Dawn Griska had said she might join our group for the site walk, but a follow-up phone call after the walk verified that she was not able to make it. During the phone conversation she expressed her desire to want to attend a future walk should it ever occur.

The group walked the length of the property.

Entry to the property via the Swinging Bridge was easily accessible if one stayed close to the right and the river. Some erosion was evident in terms of tree roots. This would need to be looked at more closely should the commission decide to take over management of this property. The slope here, though gradual, was thought to be too steep for wheel chair access even if the terrain were made smoother.

There was some talk of the existence of a prior, draft plan for the entryway, but having nothing to refer to we thought it would be nice if such a plan existed it could be made available for the membership's review at our next meeting.

If one took a right but bore more to the left off of the swinging bridge they would follow a level land area off of which entry to the property was also possible. It was evident others had made several side entry paths along this route, however, the access point were all very steep with erosion being evident. The group's initial thought was to consider blocking access to these alternative routes in some way such as a fence or plantings.

It appeared the dam's overflow area used to also run more to the left. A long dry vegetated culvert was evident the entrance to which was blocked. As we walked the property we saw about half way down the length of the property a large cement pipe that passed under the road. It wasn't clear whether this was a remnant from the days when the culvert at the dam's entrance may have been opened or something currently needed during flood season.

In general, all agreed it would be nice if we could find pictures that showed this property along the trail in late Winter, and early Spring when the water's run high. It is unclear how much the property normally can get flooded.

The group felt putting look out benches in several areas would be nice if there were some evidence to show these areas wouldn't likely wash out. Near where the trail comes closest to the dam was a small flat area that would make a nice lookout spot for one potential bench.

At the far end of the property the DPW stores asphalt materials and fill. Mark felt the area was large enough if the deposited materials were removed to support a small fair ground. There is a bigger question about these materials and their closeness to the river. This is something the group felt the membership should take a closer look at.

Ideas for fishing areas along the river were brought up and talk of stocking the river in this area (if it's not currently being done).

The other side of the river looked like it had existing pathways present. The MCC may want to discuss creating a plan for linking this area up with the Town's Stellos-Whelan property (behind the Medical Center).

Lots of poison ivy, was seen. Many areas off the higher roads are probably intermittently wet

Opinions on removing the dam and its potential impact where not made.

Overall the group felt the property would make a nice trail way for the Town. Wheel chair access may or may not be possible, but should be looked at. More seasonable information about the area would be nice to have. The area where the DPW stored its fill needs more attention before any recommendations about that area can be made.

Site Walk Report submitted by Rod Dellafelice.

The public meeting of the Milford Conservation Commission was called to order by Hub Seward at 7:04 PM.

MINUTES:
Upon a motion made by Rod and seconded by Andy, the minutes of the July 13, 2006 meeting were accepted as presented. Vote was unanimous in favor of the motion.

UNFINISHED BUSINESS:

Community Character Chapter of the Master Plan 2006 Update - Conservation's input for this chapter was presented to members for their review. Other suggestions made by members in the past have been saved and will be submitted when the relevant chapter is discussed.
McLane Dam Land - Rita reported that she has taken photos of the area where DPW stores materials, such as sand, gravel and asphalt. The materials seem well away from the river. Only one pile of gravel seems to be any where near the bank. She will speak to DPW and ask them what their long term plans for that land are.
Mayflower Town Forest - Wayne reported that New England Mountain Biking Association has constructed some trails and switchbacks that were approved by the Commission back in 2003 in the steep area off North River Rd. He also described some of the trails that exist in the open space of the Patch Hill and LeAnn subdivisions and suggested that the Commission set a plan for where trails should be constructed. It was decided that at next month's meeting a site walk would be scheduled to determine the boundaries of the LeAnn and Patch Hill open space, flag the potential trail locations, and put up conservation land signs in the LeAnn open space. (The town does not yet own the Patch Hill open space.)

NEW BUSINESS:

Mile Slip - Hub reported that Diane met with Dawn Buker, DES Wetlands Compliance Inspector, and Mark Wojtkun, Trail Master for the NHATV Club. They discussed what NHATV will have to do to comply with DES's orders for the wetland crossing infractions. Rita showed the group a map Diane had made showing trail locations, where each infraction is located, and what needs to be done at each spot. As shown on the map, the trails will be located in only the southern portion of the property. No ATV's will be allowed in the northern section, which is more environmentally sensitive. The parking will also be relocated further south on Mile Slip Road away from the houses. Whether or not ATV use at Mile Slip should be restricted to Milford residents only was discussed. The area is too small for the large numbers of people that came to it this past spring. Whether or not Milford has the resources to maintain and patrol its own trails is unknown. Rita had sent out an e-mail to people from Milford who had contacted the office to volunteer for ATV work. She heard from about 4 or 5 of them; most were in favor of the Milford residents only restriction. Audrey thought that the professional backing of a state ATV club would be needed for the amount of work and patrolling that needs to be done. She also felt that with only 3 miles of trails, people would eventually go to other larger areas. The fact that so many people came last spring was that it was brand new and it was one of only 2 areas open during the spring, mud season. (It will no longer be open to ATV's during the spring.) The suggestion was made that people riding at Mile Slip either belong to NHATV or register with the town. Registering with the town could accomplish a few things. Riders need landowners' permission to ride on anyone's land; registering with the town would be their way of obtaining that permission for Mile Slip. NHATV members already would have had permission when the area reopens. When registering, riders would receive a list of rules and a decal to show as proof that they have registered. The town would be aware of and could possibly control the number of riders out there. Hub suggested that signs be posted not only on the trails, but also on areas where riders should not come into the property. Signs saying no ATV's could be posted on the north side boundaries and on trails on the south side entering the property that are not designated for ATV's. Permitted access points could be posted in a couple of spots on the south side, where the ATV trails come close to the power lines and property boundaries.
SPNHF is possibly offering a stewardship workshop - Sara Callaghan, Easement Steward for SPNHF, is considering offering an easement stewardship workshop and is asking for a response from various organizations. A number of Commission members are interested and agreed that weekend days would be the best time. Rita will send in the response to SPNHF indicating the number of members that are interested and the time that works best for them.
MCC - co-vice chair - Rod and Andy volunteered to chair the September Conservation Commission meeting.
Beaver Book - Holland Farm easement. Beaver Brook is looking for quotes to demolish the buildings on the Holland Farm. Subdivision of the property and use of the property by a Community Farm had been discussed in 2004 and 2005. Removal of the buildings would not be done for about one year, in order to allow time to settle Mr. Holland's estate. Members discussed whether or not the easement allows the buildings to be taken down. The conservation easement states that, "Said Conservation Easement is �.granted with respect to��.. any and all buildings, structures and improvements��.." There exists a letter signed by Mr. Holland in 1998 allowing removal of the buildings. Because the letter was never recorded with the Hillsborough County Registry of Deeds and goes against the wording of the easement which was recorded in 1984, the letter does not appear to be a valid reason to allow the buildings to be demolished. The Commission will confer with Town Counsel regarding whether or not the easement permits removal of the buildings. Commission members would like to see the community farm option explored again.
Dam removal -The Stormwater Committee discussed the fact that the quality of the water is not good near the dam by the stone bridge, the Goldman Dam, and has asked the Commission to investigate its removal. Audrey had been to a workshop given by New Hampshire Corporate Wetlands Restoration Partnership (NHCWRP). The group is a partnership between business and government that provides financial help and services to communities that want to restore aquatic resources. Dam removal is one of the wetlands restoration projects that this group helps communities with. They can help with finding grant money to finance a project. At the workshop the process of removing a dam along with a model of how a river restores itself was shown. The importance of informing and educating the public was emphasized. Audrey also presented a Department of Environmental Services Fact Sheet, "The New Hampshire Initiative to Restore Rivers Through Selective Dam Removal."
Sarah Marchant, Assistant Planner, had researched town records about ownership of the Goldman Dam. She found that it had been owned by PSNH and was sold in 1953 to a company that is no longer in existence. Rita called the state Dam Bureau to ask about the ownership of the Goldman Dam and found that the owner is listed as "unknown" and the contact for the dam is listed as DPW Director, Bill Ruoff. Deb Loiselle, River Restoration Coordinator at DES, told Rita that she would follow up with an attorney as to ownership of the dam. She also told her that she and the Dam Safety Inspector from the state would be willing to meet with people from Milford to explain the process, advantages, etc. of removing a dam. A Letter of Deficiency for maintenance work needed to be done on this dam has been sent to DPW.
ConComm members agreed that removal of this dam would probably be the best thing to do. They also discussed removal of McLane Dam, which is downstream from the Goldman Dam. Whether or not McLane Dam is used for flood control and whether or not kayaking on the river would be affected was asked. How much water the Goldman Dam holds back should also be determined. Members thought that in order to restore much of the aquatic life in the river, not only Goldman, but also McLane Dam should be removed. Before moving forward with any recommendations to the town for removing the dams, the Commission will hold a public hearing and information meeting. Rita will set up a meeting between Deb Loiselle and people from the town regarding the process. Audrey also has contact information for NHCWRP.

INTERDEPARTMENT REVIEW:

Town of Milford, DPW - Scenic Road hearing, 5 trees along Ponemah Hill Rd. - two are in the pavement, marked with white flagging.
Commission Comments: No Comment
First Congregational Church/T.Mobile - M.L 25/51 - the Church is proposing to locate a wireless communication facility in the existing structure.
Commission Comments: No Comment
Quarrywood Apartments - 43/68 - Condo conversion. 66 units to condos. No new units or changes to existing development proposed.
Commission Comments: No Comment

REPORTS:

Souhegan River Trail - Pedestrian Bridge. Rod reported that he would try to schedule work for the week after next. Hub is looking into getting power to the area for tools. Rod estimates that he will need to use ~$3400 for the project and the rest of the money that was approved for the project could be used for the approaches. The wood has been paid for already and is stored at Rod's house.
Hitchiner Town Forest - poison ivy control and mowing. On July 26, Chris Costantino, Judy Gross and Rita Carroll sprayed Round-Up on the poison ivy on and along the sides of the trails in two of the three fields in Hitchiner Town Forest. They sprayed the trails in the field with the Pavilion (north field). Chris had previously sprayed the south field. She, Judy and Rita examined that field and sprayed any remaining poison ivy.
Rita called UNH Cooperative Extension and was given the following recommendation regarding field maintenance:
The fields should be mowed once a year, possibly once every other, to hold back invasives and to avoid coarse stem weeds, such as milkweed and goldenrod. Invasive species are the biggest problem, with Autumn Olive being the worst. Bittersweet and barberry are other invasives that are a problem. Mowing after August 15 was suggested to allow habitat for meadowlarks and bobolinks.
Rita met with Sam Trombly and scheduled mowing of the fields for late August. She will contact him in the spring to schedule mowing of the trails about once a month. Poison Ivy should also be looked at and treated in the late spring.
Fishing area near OK Tool Superfund site - Rita has written a letter to Dick Goehlert at the Environmental Protection Agency to ask permission to use this area for fishing and picnicking. She has not gotten a response from him yet.
Souhegan River Trail - Parking Relocation - Hub informed the group that Richard Prunier, Manager of the Fish Hatchery, will look at and approve the layout of the parking. The current parking area will be relocated farther west on North River Rd. to a spot closer to the road. Mr. Prunier would like to see the dirt road there widened a bit to allow diagonal parking for a few cars. ConComm will need to commit some funding for the grading of the area and purchase of a few signs.

There being no further business to come before this meeting, the meeting was adjourned at 9:18PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, September 14, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

The public meeting of the Milford Conservation Commission was called to order by Rod Dellafelice at 7:04 PM

MINUTES:
Upon a motion made by Audrey and seconded by Andy, the minutes of the August 10, 2006 meeting were accepted as presented.

APPOINTMENTS:

Tom Ferwerda, Meridian Land Services - M/L 10-21-1, Savage Rd. - Minimum impact expedited application for driveway crossing. Mr. Ferwerda presented a plan showing a I acre building lot with a seasonal stream running through the middle of the lot. A house, well and septic are proposed for the lot. Test pit results show that the location of the leach field is best in the northeast corner of the lot, causing the house and drive to be located where the driveway will cross the stream. An 18" culvert at the narrowest part of the stream, headwalls and rip rap are proposed, with a total impact of 110 sq. ft. Diane had previously recommended using an oversized culvert to allow the invert to be below ground level, so that natural material is on the bottom. Mr. Ferwerda stated that he sees no problem with using a 24" culvert; he expects the impact area to remain the same. He will change the plan to include a 24" culvert. No other concerns were expressed with the plan. Audrey made a motion to accept the application with the modification made on the plan to a 24" culvert. The signature will be on the revised application. Andy seconded the motion and the vote was unanimous in favor. Mr. Ferwerda will bring a revised application and plan to the office. Rita will have either Hub or Diane sign the application at that time.
7:45 - Kyle Jackson, Boy Scout Troop 407 - Eagle Scout Candidate -Kyle presented his proposal to construct steps on the Rail-Trail at Melendy Rd. He also plans to construct a bench near the trail overlooking Compressor Pond. The steps will be located on a steep area of the trail on the east side of the old railroad bed just north of Melendy Rd. Kyle will use either existing logs that are along side of the trail, or he will purchase logs from Chappell's, after fund raising. He will not cut any trees. The steps will be ~3-4 ft. long across the trail. Kyle will position the logs about half way above the ground and half way below. He will then take the dirt he had removed and put it in front of and on top of the step to make the stairs flat. He will also use existing tree roots as steps in a few places. He anticipates ~15-20 steps to be constructed. The steps will be constructed so that water is directed across, rather than down the trail to minimize erosion of the trail. He has some experience in that he had built stairs at scout camp. He will put wooden stakes in the ground to hold the stairs in place. By the time the stakes rot, the stairs will have been set by people walking on them. Wayne mentioned that the logs could become slippery. Kyle said that he will fill in the ground in front of and above each log, so that the surface is flush with the log making a flat stair. Wayne suggested he also put some hatches on the logs to provide tread. And he suggested that Kyle use wood that would last a long time such as cedar or locust. Audrey asked if mountain bikes would be able to get around the stairs. The area is too steep for mountain bikes with or without the stairs. Because of the steepness and the guardrail on Melendy Rd., bikes need to be carried down. There would be no switchbacks in the area because the hill is not long enough for switchbacks.
Kyle also plans to construct a bench for the area near Compressor Pond. The bench will be made of heavy logs (pine) and will be coated with an environmentally safe preservative. It will be located near Compressor Pond, away from the road, so hopefully will not get stolen. Wayne suggested using fasteners for the bench to keep it from being dissembled. Kyle said that he plans to construct the bench this fall and do the steps in the spring.
Wayne made a motion to approve Kyle's project as presented. Mark seconded the motion and the vote was unanimous in favor. Rita will write a letter to Kyle regarding the motion to approve the project.

UNFINISHED BUSINESS:

McLane Dam Land - Rita spoke with Bill Ruoff, who informed her that DPW does not plan to relocate any of the materials from the McLane Dam area. This storage site is necessary because it is a more centralized location, closer to downtown, than BROX would be. The materials are away from the river and there is some space that could be used to access the McLane Dam land.
Diane had suggested that the Commission attend the public hearings, which will be scheduled in late October or November, for the grant that was awarded to the town for downtown improvements. Conservation can consider putting together a proposal to present for use of some of the funding for the McLane Dam area, which is close to downtown and heavily used by residents in the area.
Mayflower Town Forest - damage to stone wall on abutter's property. A call had come into the office from the son of an abutter to the forest. Someone had opened the stonewall on his father's property to gain access to the forest. They had also created trails and painted large blaze marks on the trees in the forest. Wayne said that there are a lot of kids using the forest, painting big blazes and reopening closed trails. Bob Hall has done some work to try to replace the stones in the wall, but had told Rita that there are some very heavy boulders that will require rock bars and heavy lifting. Wayne, Audrey and Mark volunteered to meet at the trailhead on the corner of Mont Vernon St. and Perkins St. at 6PM on Tuesday, Sept. 19. They will try to replace the wall and remove the blazing on the trees.
At October's meeting a site walk will be scheduled. At that site walk, the boundaries of the LeAnn and Patch Hill open space can be determined and conservation land signs can be put up on the LeAnn open space. (The town does not yet own the Patch Hill open space.). The locations of trails to be constructed can be flagged.
Goldman Dam - Rita told the group that Deb Loiselle, from the Dam Bureau, had investigated ownership of the dam and found that it is owned by a girl, a minor, who lives in New Mexico. The lawyer who researched this for Deb has offered to be the liaison between the girl and the town regarding the issue. Rita will get the ownership information in writing from Deb and will inquire as to whether or not the owner is interested in releasing the dam. Before any plans move forward with regards to the dam a public hearing and information session will be held to educate residents about the benefits of removing a dam and to address any concerns they might have.

NEW BUSINESS:

Mile Slip Town Forest - Standard Dredge and Fill Application to repair the trails from OHRV use. Rita has submitted the after-the-fact application for the repair work to be done on the trails, which were opened to ATV use before all the wetland crossings were permitted and constructed. Wetland crossings and improvements in stormwater management on the trails are detailed in the application. Also included in the application is a map that shows the parking area relocated farther south on Mile Slip Rd. away from the houses, as well as a new layout for the trails designated for ATV use. There will no longer be ATV's allowed in the northern section of the property at all; the northern section is closer to homes and more environmentally sensitive. An extra loop is added to the original ATV trails in the southern section of the property. The length of the trails will be ~3 miles long. A copy of the application is available in the Conservation office for members or abutters to look at. The list of conditions of what needs to happen before any trails can be reopened for ATV use can be viewed at: http://milfordnh.info/conservation/business/MileSlip.html or in the minutes of May 11, 2006.
Souhegan River - Protected River Signs -NH DES has created Protected River Signs for designated rivers under the Rivers Management and Protection Program. Signs will be available for posting at three locations at the Souhegan River crossings in Milford. (Granite Bridge, Veterans Bridge and Wilton Rd.) The Board of Selectmen voted to accept the signs in June of this year. DPW will install them and Conservation is being asked to provide half of the cost of the signs themselves, which was originally presented as $249. Audrey made a motion that conservation spend $249 to provide half of the cost of the signs. Andy seconded the motion and the vote was unanimous in favor. Rita then read an e-mail sent that day that said the cost was $264. After discussion Audrey moved to spend up to $265 for the cost of the signs. Andy seconded and the vote was unanimous in favor.
Trail Clean-Up day - Chris suggested that the Conservation Commission host a trail clean-up day, in that a number of our trails are growing in and need some work. Rita has a list of potential trail volunteers that can be notified. She will contact the trail stewards from the Adopt-A-Trail program, as well as the newspaper. Audrey suggested having it the Friday or Saturday after Thanksgiving. This will be on October's agenda for discussion. By the November meeting the trails that need work will be identified.
Grand Opening for Mitchell Brook Trail - From Diane: Diane suggested having a grand opening for the Mitchell Brook Trail in October, possibly with maps with a little history of the area and small bottles of water for hikers. Audrey suggested doing it on the weekend of the Pumpkin Festival. After discussion members decided to hold it on Sunday, October 8 at 1 PM. Audrey is available to be there at that time.
NHACC Annual Conservation Commission conference - The Annual Meeting of the Association of Conservation Commissions will be on the first Saturday of November, the 4th. The list of workshops has not been finalized. Rita will get the list when it is finalized. She will sign members up if they are interested, or members can sign themselves up.
NH Municpal Law Lectures: Diane was informed that the town will join the New Hampshire Municipal Association and that members will be able to attend the law lectures if they would like. Rita will find out when and what they are and let members know.

INTERDEPARTMENT REVIEW:

Zahn - M/L 2/26 & 2/28 - Lot line adjustment between 2/26 and 2/28.
Commission Comments:
Is a lot being created that will impact wetlands to access? How much of 2/26 is wetlands?
If 2/28 is subdivided and developed, should 2/26 be included in the open space calculations?
Reminder if 2/28 is subdivided in the future:
When the driveway on the eastern end of 2/28, the access to 2/28-2 was permitted, the permit provided for "the driveway access only to a single family house-lot and does not allow for this access to be upgraded to a subdivision roadway."
J. Visconti - M/L 25/130 - conversion of existing residence with an approved office to a woodworking shop.
Commission Comments: No Comment
Harvest Dr./Holder - M/L 39/66-1 - Final plan for a conventional subdivision off Knight St. 10 lots with 435 ft. road.
Commission Comments: No Comment
Smith/Highgate IV - M/L 49/12 - Final application for an open space subdivision off Stable Rd. with a proposed 250ft. cul-de-sac. 1 conventional lot and 5 lot OS subdivision.
Commission Comments:
Would like lot 49/12-4 to have the open space up to the stone wall.
Would like to have a commit date for formal acceptance of the easement with the deed recording.
Note on plan is ambiguous and does not define easement.
PINS Bowling Alley - M/L 19/25-3 - Conversion of old IGA Supermarket into a bowling alley.
Commission Comments: No Comment

REPORTS:

Souhegan River Trail - Pedestrian Bridge. Rod reported that the decking has been completed on the bridge and that he plans to put in the cable rails next. The grading for the approaches to the bridge needs to be done. The suggestion had been made to make the bridge wheelchair accessible on only one side. There would be a ramp or grading on the south side where it is less steep, and stairs on the north side. Rod will ask Hub what he thinks and asked members to take a look at the bridge and see what they think about the approaches.
Hitchiner Town Forest - Chris, Judy Gross and Rita sprayed the fields again for poison ivy. Sam Trombly has also been contacted to mow the fields this September and was asked to move boulders to block the fields. There was a report of an SUV in the pavilion. A lot of garbage in the area and graffiti on the tables has also been occurring. Bob Sinkiewicz and his scouts have been working to clean up garbage and remove the graffiti from the tables. The police were notified about the SUV in the pavilion and Rita will ask them to periodically drive up Mullen Rd. to take a look at the area.
Fishing area near OK Tool Superfund site - Rita had spoken with Tom Andrews, NHDES, regarding obtaining permission to use the area behind the EPA Superfund site on Elm St. to allow public access for picnicking and fishing. He suggested she write a letter to Dick Goelhert of the EPA. She did, and received a reply from Mr. Goelhert that he supports the proposal to use the land to provide public access to the Souhegan River, since the uses will not interfere with the cleanup activities. In his letter he stated that the 6 ft. high fence, which provides security for the infrastructure, was placed to allow public access to the subject area. EPA and state will continue to need access to the area to sample and maintain monitoring wells located outside the security fence. The state received a copy of this letter, but is concerned with liability issues that could arise with public access. Diane suggested that the Commission look into obtaining a lease for the area, something similar to the lease the town holds on the State Fish Hatchery land for the Souhegan River Trail. Rita will send a letter to Tom Andrews and will include a copy of the Fish Hatchery lease.

There being no further business to come before this meeting, the meeting was adjourned at 9:33pm.

The next regular meeting of the Conservation Commission is scheduled for Thursday, October 12, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Minutes submitted by Rita Carroll.

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:10 PM.

MINUTES:
Rod made a motion to accept the minutes of meeting of September 14, 2006 meeting as presented. Andy seconded the motion and the vote was unanimous in favor.

Rita pointed out that there is an error in the August 10, 2006 minutes. Under "Minutes", it states that � the minutes of the June 13, 2006 meeting were accepted�... It should say �� the minutes of the July 13, 2006 meeting were accepted��. . Audrey made a motion that the August 19, 2006 meeting minutes be amended as suggested by Rita. Andy seconded and the vote was unanimous in favor.

UNFINISHED BUSINESS:

McLane Dam Land - Rita has asked Bill Parker for a copy of the grant. The Commission will look at the language to determine if it would be appropriate to try to use some of the funding for improvement to the access to the McLane Dam area. A volunteer is willing to draw some plans and come up with a cost of materials and labor that would be needed for such a project. He would like to visit the site, probably sometime in the next month.
Mayflower Town Forest - Wayne mentioned that there is a great deal of trash that needs to be cleaned up around the look-out. That can be done on Trail Clean-up day. At the last Conservation Commission meeting members agreed to schedule a site walk to flag trails in the LeAnn open space. Wayne has walked the area previously and described where trails could go. Boundaries will be found at another site walk in the future. Conservation land boundary signs should also be put up.
A site walk was scheduled for Sunday, October 29. Members will meet at the Shady Lane entrance at 1:00PM.
In response to a complaint from an abutter on (see minutes of Sept. 14, 2006) Wayne, Audrey and Mark replaced boulders in a stone wall and removed some of the markings from trees. Wayne will take a look to see if the stones are still in place. More markings on trees still need to be removed.
Trail Clean-Up day - At the Sept. 14 meeting, Chris had suggested that MCC host a trail clean-up day, in that a number of trails are growing in and need work.
Audrey suggested that signs be posted around town as was done for the trail expo. An announcement will also be put in the Cabinet. Rita will e-mail people who have contacted the office as potential trail volunteers and ask them to sign up to work by a certain date. Projects that need to be done were discussed: Mayflower needs ~6 people to clean up. The Rail-Trail is growing in north of Union St.; that area is flooded and will not be part of the Trail Clean-up day. (See New Business #2. Rail-Trail). The trail is also growing in behind DPW. Chris mentioned that on the Rail-Trail in the section from Union St. to Amory Rd. ruts and exposed roots have deteriorated the trail surface and it is very difficult to ride bikes there. Whether or not stone dust could be obtained, possibly donated was discussed. On the other side of 101 from that area, the town owns a couple of acres that has some gravel that could be used.
The fact that something is damaging some beech trees in Tucker Brook was also mentioned. Rita will contact Jon Nute, the County Forester.
Rita will contact the trail stewards that are currently signed up for trails in the Adopt-A-Trail program to see if they want to continue.
Emerson Park - Pedestrian Bridge - Rod reported that the cable rails and wood treatment are all that is left to do for the bridge itself. Hub has been working on the approaches. Members discussed how to remove graffiti from the bridge railings and how to treat the wood to hopefully deter graffiti in the future. The railings will be sanded and Rod will look into good paints, stains, etc. for prevention of graffiti. A suggestion was made that someone write a letter to the paper asking people to keep their eyes out for people writing graffiti on the bridge. Also discussed was a letter or some sort of publicity to explain that trails should not be built on properties without permission. Mayflower is near a lot of residences and kids in the neighborhoods are building a lot of trails and painting blazes without permission. The letter should be positive, however. Children should be allowed to play in the woods.
Hub had also had reported that there are a few trees which should be removed before they fall onto a trail. Rita will photograph and flag the trees and send a memo to DPW.

NEW BUSINESS:

i-TRaC - Integrating Transportation and Community Planning is a new program from NRPC that will provide technical assistance to NRPC towns in such areas as development of specific ordinances and regulations; access management plans; parking studies; traffic calming; and bike/ped facilities; and in general incorporating 'smart growth' principles into the local plan. Members were asked if there was anything they would like to see on iTRaC. Shoulders on roads, such as Rt. 122 and North River Rd. were mentioned.
Rail - Trail - Diane reported that she has a volunteer who is planning to construct a wooden walk way on wet area on the rail-trail near Armory Rd. She also reported that the beaver bafflers that were installed near Union St. are not functioning, probably because of the large volume of water. The pipes are being washed away. She suggested asking DPW to breach the dam and to construct a trapezoidal fence, oriented like a backwards triangle, around the breach to prevent them from building their dam there. Beavers are unable to build a dam against the shape of a trapezoid due to the direction of the water flow. It is best to do this work as early as possible before the winter. Members agreed that Diane should ask DPW to breach the dam and build the fence.
NHACC Annual Conservation Commission conference - The Annual Meeting of the Association of Conservation Commissions will be on November 4, 8am to 3:30pm. Lee Perry, Director of NH Fish and Game will be the keynote speaker.
Osgood Pond Restoration Project -The Budget Committee has asked for Conservation's opinion on whether or not this project should continue, or should the money that the town set aside go to back to the town. In the year 2000 The Army Corps of Engineers accepted a project to restore Osgood Pond under their Aquatic Stream Restoration Program. They did a study to compare the environmental benefits of dredging 5 acres, 10 acres, 15 acres or doing no dredging at all. Dredging of 15 acres was determined to be the best for habitat. If the project continues, the pond will be dredged. The sludge from the bottom will be mixed with sand and put in the Brox property to restore areas around Birch Brook that have been impacted by gravel operations. The area that will be restored will be protected by a conservation easement. $2 million is the estimated cost. The town has set aside a 35% match, most of that being the land and sand at Brox. Osgood pond would not be drained; a barge would suck the material up from the bottom. The material would go through a machine that would dewater it. The goal is to have the pond be 10ft. deep in the middle to prohibit light from allowing plant growth on the bottom. The siltation into and filling of Osgood Pond over the years was mainly due to the gravel operations that took place upstream; the pond should not fill in again. There is currently $90,000 dedicated to this project. The Budget Committee has asked for the Commission's opinion as to whether or not this project makes sense environmentally. Although the Federal Government has approved this project, they have not released the funding for it yet. The Army Corps of Engineers is in favor of the project environmentally; the state Wetlands Bureau has been supporting dam removal projects, but would probably go along with the Army Corps. Rod expressed concern with the fact that no one knows when the funding will come through. Chris and Audrey felt that the pond is an asset to the town. Hub pointed out that if Brox were to be used for industrial purposes, the area around Birch Brook would have to be worked on anyhow. He also mentioned that if the the funding is released for this project, the town's money must be there at that time. The town cannot wait for town meeting. The sense of the Commission was that the money set aside for this project should remain. Dredging of Osgood Pond would enhance wildlife habitat by providing a pond that can support large fish. It would provide a good aquatic habitat for the town. Additionally a wasteland at Brox would be restored around Birch Brook, which would be permanently protected.
NH Municipal Association's Law Lectures - start Oct. 25. Register by Oct. 18. Rita will have some forms at the meeting. http://www.nhlgc.org/Public_Documents/NHLGC_WebDocs/06MLLS_flyer.pdf
Plaques for Eagle Scout projects - some discussion was held last meeting regarding whether or not the Commission should provide plaques acknowledging the eagle scouts for their completed projects. Nick Devine has donated the left over funds from his Eagle Scout project to the Commission. Andy, who is an eagle scout, pointed out that eagle scouts do their projects as part of community service and not for recognition. Also suggested was installing plaques that recognize projects as an eagle scout projects without specifically naming the scout doing each project. After some discussion it was decided that that plaques are not "for the benefit of the community", which is one of the criteria under the Eagle Scout program. The money donated by Nick could be used for materials to construct a kiosk in the parking lot at Mile Slip, where the trail head to the Mitchell Brook Trail is located. Wayne made a motion that the money donated by Nick be used for a kiosk near where the trailhead is located. Audrey seconded the motion and the vote was unanimous in favor.
Budget Discussion - Members discussed what projects should be worked on in the near future that would require a significant amount of funding. There is currently ~$5,000 that has accumulated in the operating budget (accumulative fund) along with trail maintenance money that can be spent from this year's budget. Use of the Land Fund was also discussed. The wording of the warrant article that established the Land Fund was for purchase of land or easements� "or for any other RSA 36:A purposes." Building and maintaining trails would be included in that. Professional help for construction of parts of the Souhegan River Trail was discussed. There are sections that are very wet or steep that need time and expertise beyond that of the Commission. Improvements to the Rail-Trail, especially near Armory Rd and Melendy Rd. could be done. A great deal of this trail could be wheelchair accessible if some work is put into it. Access to the McLane Dam area should also be improved to be useable by senior citizens.

NON-PUBLIC SESSION:
At 9:12 Wayne made a motion that the Commission go into non-public session to discuss a legal issue. Andy seconded the motion.

At 9:40 Audrey made a motion to come out of non-public session. Andy seconded the motion.

In the non-public session the Holland easement was discussed with regards to the upgrade of a woods road that crosses the easement area to access a municipal water supply tank.

Because the access easement to the lot purchased by the town was granted prior to the conservation easement and was specifically intended to support the use of that lot for a municipal water supply tank, it is the opinion of the Commission that any necessary improvements for that use do not violate the conservation easement.

INTERDEPARTMENTAL REVIEW:

Cadren Property Services, LLC. Osgood Rd. M/L 51/3 and 51/3-3.
Commission Comment: No Comment.

REPORTS:

Hitchiner Town Forest -The fields have been mowed. Rita e-mailed Police Chief Douglas to let him know about unwanted activity such as partying and littering, here and at Mile Slip.
Fishing area near OK Tool Superfund site - Rita wrote to Tom Andrews asking permission to use the land and sent him a copy of the Fish Hatchery's lease as a suggestion for a way to handle the liability issue.
Goldman Dam - Rita sent an e-mail to Deb Loiselle to ask if owner is willing to give up ownership of the dam. Deb said she would reply in a few days.
Mile Slip Town Forest - Standard Dredge and Fill Application to repair the trails from OHRV use. The application was submitted and is 'administratively complete.' With 75 days from Sept. 25 the inspector will 'conduct a detailed technical evaluation' of the app. and let the Commission know if they need anything further.
Mile Slip Town Forest - Mitchell Brook Trail - grand opening was on Oct 8. Diane, Audrey, Andy and Nick Devine were present. One hiker came with 3 dogs, who had very positive feedback about the trail.
Souhegan River - Protected River Signs - have been put up.

There being no further business to come before this meeting, the meeting was adjourned at 9:55 PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, November 9, 2005 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Minutes were prepared by Rita Carroll.

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

MINUTES:
Chris made a motion to accept the October 12, 2006 minutes as presented. Wayne seconded and the vote was unanimous in favor.

Rod made a motion to accept the minutes of the non-public session of October 12, 2006 as presented. Chris seconded and the vote was unanimous in favor.

UNFINISHED BUSINESS:

McLane Dam Land - Diane reported that she has been in touch with the landscape architect who has volunteered to create some plans for the area. He was originally scheduled to visit the site on October 29, but because of the high winds that day, he has postponed his visit for sometime in the near future.
Mayflower Town Forest - This site walk was also scheduled for Oct. 29 and postponed. Members rescheduled it for Sunday, November 19 at 1:00 PM. Meet at the Shady Lane entrance. Rita will ask Kevin if he has spoken with the abutting landowner about moving his shed off Town property.
Trail Clean-Up day - Whether or not this event should still be held on Nov. 24 was discussed. Chris reported that she has hiked the trails in town to see what needs to be worked on. At Hitchiner there is a short section of the trail that has grown in. Instead of that section, hikers use a private cart road for a short distance on an abutter's property, which then reconnects with the main trail. On the Souhegan River Trail someone whose identity is unknown, has been doing really good trail construction and maintenance. Chris mentioned that better signage is needed to let hikers know where to cross a field on the Souhegan River Trail. She said that the trails at Tucker Brook are in good shape. Overall the trails in town do not need a whole lot of clean up. The Rail-Trail needs work, but mainly in areas that are very wet right now. Diane reported that as part of the trail clean up Bill Fitzpatrick and Tim Barr will build a wooden walk way on the Rail Trail on the Johnson easement area on Sunday, November 17. They will also remove some dead trees that are in danger of falling on the trail in that area. Also discussed were areas on the trail where the surface has become hazardous from roots that have become exposed. Gravel and/or stone dust should be obtained for these areas. Diane will call DPW again and ask them to breach the beaver dam by Union St. and build a fence around it.
Rita reported that she has only received two responses from potential volunteers for the Trail Clean-Up day. Both were interested but unable to come because of it being on Thanksgiving weekend. Members agreed to postpone having the Trail Clean-Up day and reschedule it at some time in the future.

NEW BUSINESS:

Conservation Commission Budget - Proposed projects, costs, prioritization - Diane presented a packet that she had prepared and given to Town Administrator, Guy Scaife, that details proposed Conservation Commission projects, their estimated costs and their prioritizations. Highest priority projects were presented as those that must be done as soon as possible. They include the relocation of the parking area for the Souhegan River Trail (required by NH Fish and Game), the wetland restoration at Mile Slip (required by NHDES Wetlands Bureau) and the repair of the blocked culvert and flooded section of the Rail-Trail at Union St. "High Priority Projects" were presented as potentially being done in 2007 and 2008. One is the construction of the Souhegan River Trail from the Fish Hatchery to Emerson Park. Work on the Nilsen piece of this trail, which is very steep and the Holcombe piece, which is very wet, presents the greatest challenges and the highest potential cost. Also of high priority is erosion repair and access improvement to the McLane Dam area and the construction of a Souhegan River Trail on the south side of the river. As part of a long-range plan, Conservation would like to see the Souhegan River Trail continued to Frog Pond in Wilton and two major improvements to the Rail-Trail, namely a pedestrian bridge over Armory Rd. and restoration of the tunnel under Melendy Rd., the original rail bed.
Diane reported that Andrew Norkin, of the Appalachian Mountain Club, will come to Milford on Tuesday, November 28 to look at the Nilsen and Holcombe sections of the Souhegan River Trail. He will come up with a plan and price of what would need to be done to construct a trail in those areas.
Diane also reported that in order to fulfill Conservation's stewardship responsibilities, she is in the process of asking for more hours for Rita. She has also reviewed and updated the job description. She stated that the Conservation Commission, as the holder of easements and manager of conservation land, is obligated to monitor its properties. The IRS is tightening up on making sure that properties that have been protected using tax incentives are being monitored on a regular basis. This requires baseline documentation, site visits and monitoring reports. In addition Conservation manages lands that were purchased using state and/or federal programs that require regular monitoring reports.
Town Owned Land - list of uses. Guy has requested that Sophie Morrison assist with reviewing all Town owned property and develop a short list of parcels that should be considered for sale or better clarity of use.
Commission members reviewed the Conservation Plan, chapter 4, "Recommendations For Selected Town-Owned Or Protected Lands". They agreed that as part of the 'clarity of use' request Rita should submit the recommendations from that document, that are listed below:
- Brox property - Map 38 - Designate the 'fen' as prime wetland.
- McLane Dam area - Improve access for seniors, young families and physically challenged persons. Post against ATV use.
- Milford Community Athletic Fields - Map 8 Lots 11 & 11-1. Extend the Souhegan River Trail.
- Emerson Park - Map 25, Lot 28. Complete ADA compliant access.
  Other suggestions discussed were:
- The Old Police Station - To obtain a trail easement on the north side of the property, along the river, to become part of a future River Trail along the south side of the Souhegan River.
- Kaley Park - This property was purchased with funds from the Land And Water Conservation Fund which requires that the land be used "for public outdoor recreation use only". If the town were to sell this land the grant money used toward the purchase would need to be returned.
- Larchmont Park - It has been suggested that this small piece of land be turned into a neighborhood park.
- Kokko Well - "The Kokko Well was taken off-line in 1995 due to high iron and manganese levels which limited the well capacity and required frequent cleaning. This well is not being considered as a future water source for the town."
  This property should be investigated to find out if the water & sewer commissioners are interested in keeping it. We can consider it for a trail connection through Lorden to Beaver Brook. If neither of these is viable we can consider trading it to Kokko for a trail easement to Lorden, Beaver Brook then on to BROX and Tucker Brook.

Interdepartmental Review and ZBA items:

(Amherst )- Tim Chi Holdings, Inc.
Commission Comments: The plan shows a 12,000 S.F. wetland disturbance for the connection of the road to Summer St. in Milford. How much of that impact will be in Milford? We also would like to see more detail regarding stormwater management in this area.
320 Elm St Realty - 16/4-2
Commission Comments: This lot is in the groundwater Protection District. Does the change of use require a stormwater management plan?
98 Amherst Road LLC - Map/Lot 22/61
Commission Comments: no comment.
Patricia Bernstein - M/L 43/26, 0 Tonella Rd. - ZBA Application for a special exception.
Rita will write a memo.
David Labrecque and Elizabeth Paradis - M/L 54/15 - Wallingford Road. Request for a variance to subdivide the existing lot to create a new lot.
Rita will write a memo.

REPORTS:

Pictometry - Diane informed the members that the town has purchased this program.
Monitor Report for Holland Farm - A report from last month's discussion was sent to SPNHF and a letter was also sent to Beaver Brook Director, Cliff Simmonds.
SRT Parking Relocation - Diane reported that she has contacted Steve Trombly who will do the grading for the new parking area. The state decided that Dick Prunier, Fish Hatchery Manager, would design the parking area. He will meet with Steve and will put stakes in an area that will allow ~6 cars to park along the right side of the road as you drive in from the new location on North River Rd. This may be done within the next couple of weeks.
Emerson Park Bridge - Rod met with Kevin Lynch to discuss the use of the horizontal cable rails and required spacing. He will place the order order for the cable rails on Wednesday, November 8, 2006 and estimates that it will take two to three weeks for them to arrive. He anticipates that the cable rails will be installed this year and that the graffiti will be covered up in the spring when the weather is warmer. He mentioned that fortunately some of the graffiti is wearing off. He will also review information that Hub has sent to him on accessible trails. Hub reported that he needs rocks to continue his work on making the approaches to the bridge ADA compliant. Railings at the approaches may be done, but they are not required.
iTRAC - Hub attended a meeting about this NRPC program, Integrating Transportation and Community Planning, which will provide technical assistance to NRPC towns. He reported that a grant was applied for and accepted to work on wording for a zoning overlay district which would attempt to preserve the character of the community on the main approaches to town. It would address such things as building and pavement setbacks, sidewalks, possibly bike paths, etc. NRPC would do most of the work to come up with wording for this district. Also discussed was a new idea in zoning where the form of the building rather than the use be regulated as long the use does not involve hazardous materials.
Stormwater Construction General Permit - Rod presented information that he had gotten on this at the NHACC conference, new regulations under the Clean Water Act. Rita will scan and send members digital copies. If a project disturbs more than one acre of land, the builder must file a Notice of Intent with the EPA stating that he has a stormwater management plan. On a federal level it is required that status reports be done by the builder once ground is broken to demonstrate that erosion is being controlled and other requirements are being met. These reports must be made available to the public and kept available until 3 years after project completion. EPA will enforce against non-compliance of plans, but will not check the sites routinely. It is an 'honor system', where the builder does what he says he will do in his stormwater management plan. It was suggested at the conference that there be a checklist that asks whether or not the project disturbs more than 1 acre cumulatively, and if so, has a storm water protection plan been prepared. Also to be asked would be if a Notice of Intent has been filed with the USEPA and copied to the Conservation Commission and/or Planning Board. Rod thought that this would be especially good to keep in mind when the Golf Course begins construction.

There being no further business to come before this meeting, the meeting was adjourned at 9:10PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, December 14, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Minutes prepared by Rita Carroll

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:10pm.

MINUTES:
Upon a motion made by Audrey and seconded by Chris, the minutes of the November 9, 2006 meeting were accepted as presented.

APPOINTMENTS:

Aubrey Barrett, Old Farm Golf Links - M/L 7/10, 10-1 - Standard Dredge and Fill application to stabilize two sections of the Souhegan River bank. Hugh Barrett was present to discuss this application. He is applying to stabilize two sections of the riverbank, one on either side of, but not adjacent to, the section that had been stabilized in 2003. (See minutes of Dec 12, 2002, Jan. 9, 2003 and February 13, 2003.) They propose stabilizing ~250 lineal feet on north side of the property and ~300 lineal feet on the east side of the property. They will slope the existing bank to a 3:1 slope and use the same method of stabilization that was used in 2003, which was stabilizing with tree stumps and revegetating the area. A photo was included in the application of the section that was stabilized in 2003. Hugh stated that in that area he had planted 25 - 30 speckled alders and dogwoods that are not yet visible, because the weeds have grown high in the area. Some discussion was held regarding adding rocks for stabilization. Hugh said that the Wetlands Bureau did not allow him to add any rocks to the spaces between the stump roots for the last stabilization. They direct him on what is best to plant for the projects. They may allow him to use rocks this time in order to save the maples that are in the area. Rod asked about effects of stabilization on areas downstream. Hugh answered that the farm fields downstream are stabilized with granite rip-rap. He feels the vegetated bank will probably slow the water down. Diane mentioned that on a site walk someone had said that the boulders upstream from the Barrett's property have caused swirling of the water and probably contributed to the erosion problems they are now experiencing. She stated that she would like to see a buffer planted in the areas along the river. Overall the members were pleased with the appearance of the bank that had been previously stabilized with stumps. They would like to see more wooded buffer at the river than had been previously present during the farming operation. Planting a 50 ft. buffer would forestall future erosion problems. Audrey asked if he would replant trees that did not make it. Hugh replied that yes, he would. He wants to protect his work.
When asked for input all members present agreed that the Commission should recommend approval of this project as presented.
Jay Heavisides, Meridian Land Services - Mitchell Brook/Boynton Hill Subdivision, M/L 45/2,3,17, 20 and 50/1. - Jay presented the Standard D&F application for the main road for this 97-lot subdivision. The project was discussed at the ConComm meetings of Feb 9, March 9, April 13, May 11, and May 18, 2006. Jay stated that they plan to submit the project to the Planning Department next week. The buffer impacts have been included in this set of plans. The wildlife study was completed in May; it showed the presence of two vernal pools in addition to the two originally shown on the plans. The road and one lot were relocated slightly to avoid them. Jay stated that an archeological study was done and no artifacts were found. The plans show 8 wetland impacts with associated buffer impacts. They also show 3 additional buffer impacts, making a total of 11. Total wetland impact is 8440 SF; total buffer impact is 35,915 SF. The plans show 8 detention basins, 6 on-site and 2 off-site. Two arch culverts are proposed. One is located at Impact "C" shown on the plan and is an 8 ft wide x 4 ft. metal arch. The streambed will be stabilized to allow wildlife to cross. The other arch culvert will be placed at Impact "D". The stream will be diverted into a detention basin and will flow back to the existing streambed through the arch culvert. The other crossings will be made using culverts and headwalls. One lot requires an impact for the driveway crossing. It was relocated to avoid a vernal pool. On that crossing a 36" culvert will be placed where only a 12" is needed. Jay also described the locations of the 8 detention basins that will be constructed for the project. 33 lots will have 'storm water recharge' trenches in the rear. These trenches will be at least 100 feet long x 10 ft. wide x 4 ft. deep, lined with stones and will direct water from the lawns. They will be sized for a 50-year storm. Diane asked if the homeowners would be made aware of the purpose and maintenance needs of these trenches and was answered that yes, there will be something in each deed and in the plans. Jay also discussed the ponding problem on an abutting lot, lot 50-1-3, and how that will be addressed. He stated that a berm would be constructed between the lot and the road to direct water along a swale next to the road to Mile Slip Road. A swale along Mile Slip Rd. would direct the water through a culvert to the other side of Mile Slip Rd., through a detention basin and to the brook there.
Anne-Marie Bennett, the owner of lot 50-1-3, stated that the spot in her yard is low and asked if there would be an outlet for the water. Jay explained the process to her and said that the road and the gravel swale would be lower than her yard and that there would be a berm between her yard and the road. Ms. Bennett stated that she does not want the buffer removed between her yard and the road. Jay explained that there is a previous grading easement on her property. When her lot and the lots out back were created, a grading easement was obtained for the road construction. There will be grading on Ms. Bennett's land for the main road, but only in the grading easement area. Jay stated that he does not think he will need to take down any more trees on her land. Ms. Bennett asked what the impact would be from septics on the wells. Jay said that a minimum of 4 ft. above the seasonal high water mark is where the bottoms of the leach fields must be placed. Usually the distances between the water and the leach fields are greater. Andy asked if there will be blasting. He was told that there would be blasting in only one area where there is an 8% grade on the road. There is a lot of ledge there, but not in the other parts of the property. Ms. Bennett asked if ConComm was satisfied that this project would not have an impact on wildlife and was told that all projects have impacts. The goal is to minimize those impacts and to stay away from high quality resources.
Diane stated that the arch culvert proposed for Impact C is what the Commission envisioned for the crossings. She expressed concern with the culvert for Impact D. The stream is being interrupted there and is no longer contiguous. Jay stated that he is trying to handle a large amount of storm water flowing down in that area. He must balance stormwater requirements with wetland issues. He is not sure if the stream continually flows year round in that spot. Although aquatic wildlife would be unable to travel through the impact, terrestrial wildlife would be ok.
Diane also mentioned that the open space in the area of the Gutterson homestead was originally well designed. The current plan shows a lot placed right in the middle of it, relocated to avoid a vernal pool. There also is a significant wetland impact created for the driveway for this lot. Diane asked if the lot could be moved but was told by Jay, that "if there was another place for it I would have put it there". Diane wondered if creating that large crossing to protect the vernal pool is what the Wetlands Bureau would want. This is the only lot that requires a wetland crossing to access.
There was much discussion about the drainage calculations. Audrey suggested that the data shows that this area is a very efficient aquifer. Jay was asked if the stormwater treatments took into account the effects of all the impervious surfaces to be added to the property.
Jay has asked for support from the Commission for this project for the Wetlands Bureau, the Planning Board and the ZBA. Commission members decided to schedule a work session in early January to discuss the project further.

UNFINISHED BUSINESS:

Membership - Mark Turner has moved to Massachusetts and will no longer serve on the board. Rita will write a thank you note to him and will notify the BOS of his resignation.
Mayflower Town Forest - The following report was submitted by Diane after the Nov. 19 site walk:
Audrey and Mason Fraser, Wayne, Sandra and Ginger Hardy and Diane Fitzpatrick met at the Shady Lane entrance to the Mayflower Hill Town Forest on Sunday, November 19, 2006. The purpose was to flag a location for a new trail from 'Look Out Point' through the LeeAn Dr. open space to Patch Hill Lane. Using the subdivision plans the participants located boundary markers and developer's flagging and feel confident that they stayed on conservation land except for one very small incursion due to the location of a very traveled existing trail. The landowner will be contacted for their approval of this location. A suitable path for the trail was found. Another walk needs to take place coming from Patch Hill Lane to double check the location. There are some wet areas at the northern end of the new trail that will need attention, maybe a rearranging of rocks for stepping-stones or some bog bridging. A small raised walkway will be needed to cross the drainage ditch at the Patch Hill Road. The walk took from 1pm until nearly 3pm.
Wayne mentioned that since then he has cleared a couple hundred yards of new trail. There are a few hundred yards of an existing trail that could be used in the area. A very short length of that trail crosses a back corner of private property. Diane plans to speak with the landowner about permission to walk on his land for a very short distance. Wayne suggested that in the spring a small crew be put together to do more clearing and some clean up of the area.

NEW BUSINESS:

Trail Work was not discussed at this meeting.
Warrant Articles for 2007 election:
1. Incorporation of Patch Hill open space into Mayflower Hill Town Forest. Diane informed the members that a warrant article has been drafted to incorporate the Patch Hill open space, which has been deeded to the town, into Mayflower Hill Town Forest. It will have essentially the same wording as the article incorporating the LeAnn open space into the Forest. This addition to the forest will nearly double the size of Mayflower Hill Town Forest.
2. Designation of Mile Slip Rd. as Class A Trail. Wording was drafted to designate the section of Mile Slip Rd. south of the hikers' parking lot to the Brookline Town Line as a Class A trail. This reclassification will allow the commission to gate the trail and better manage its use. Owners of land abutting a class A trail may still access their property for agriculture and forestry purposes.
  ConComm members agreed to submit the warrant articles as drafted.
NH Climate Change Resolution - Petition Warrant Article - Dave Momenee, a Milford resident had brought the petition to the office, with a note that he filed it with the Town Clerk on December 5. He hopes the Commission will support it. "To see if the town will go on record in support of effective actions by the President and the Congress to address the issue of climate change, which is increasingly harmful to the environment and economy of New Hampshire and to the future well being of the people of Milford."
These actions include:
1. Establishment of a national program requiring reductions of US greenhouse gas emissions while protecting the US economy.
2. Creation of a major national research initiative to foster rapid development of sustainable energy technologies thereby stimulating new jobs and investment.
In addition, the town of Milford encourages New Hampshire citizens to work for emission reductions within their communities, and we ask our Selectmen to consider the appointment of a voluntary energy committee to recommend local steps to save energy and reduce emissions.
The record of the vote on this article shall be transmitted to the NH Congressional Delegation, to the President of the United States, and to declared candidates for those offices."
Commission members present unanimously agreed to support the warrant article.
Holland Easement -Two letters were sent to Town Attorney Bill Drescher relative to the Holland easement on land owned by Beaver Brook Association in Hollis. One is from Beaverbrook's attorney Rolf Goodwin, and the other is from Paul Doscher of the Society for the Preservation of New Hampshire Forests (SPNHF). The Commission had discussed this issue previously at the June 9 and Aug. 10, 2006 meetings. The Commission is being asked to review the letters and give Atty. Drescher input as to how they would like him to proceed. Beaver Brook would like the town to agree that the conservation easement permits the destruction and removal of some or all of the existing buildings, or to agree to interpret the conservation easement as permitting a limited subdivision of the buildings. They have stated in their letter that if not, they would ask for arbitration of the issue under Section 8 of the conservation easement. Diane told the group that she had spoken with Bill Burns who told her that he was very disappointed that Beaver Brook did not go along with the idea of a Community Farm. Bill felt that Carl would have loved that. Diane also stated that she believes Carl wanted Beaver Brook to protect the farm, not necessarily own the farm. Noreen brought up the fact that the buildings are considered to be a piece of history unique to New England. Many buildings from this era burned. These are some of the few that survived. Many artifacts are also located in the buildings. Members discussed the issue and decided to try to set up a meeting among all concerned parties, namely Beaver Brook Trustees, SPNHF, Milford Conservation Commission, Beaver Brook's attorney and Town Attorney Drescher. Rita will speak with the New Hampshire Association of Conservation Commissions to see if they have suggestions for a facilitator that could be obtained for this meeting.
Stone wall in Emerson Park - This item was not addressed at this meeting.

INTERDEPARTMENT REVIEW: was done in the office prior to the meeting.

REPORTS:

SRT Parking Relocation - Steve Trombly has completed the grading for the new parking area. The signs have been posted and the gates are being put up.
Bridge in Emerson Park - Rod reported that he recently received the cable rail. It needs to be installed. He will need a volunteer to help him install it. A portable drill is the main tool needed, or an extra electric extension cord to be added to his so that the electric onsite can be used. Work should be done on a nice, above 35-degree day. Rod anticipates it will take a few hours at least, to get the job done.
Hub reported that the condition of the bridge at present is steps on both ends. Wheelchair accessible at both ends is still the goal, to make a barrier free "trail" that includes the bridge. The granite wall at Emerson Park will need to be cut and the temporary trail of wood chips removed. The wall cut should be done neatly with stone slabs matching the existing walkways and finished ends at the cut.
McLane Dam Land - Joshua Boisvert will draw a plan during the winter.

There being no further business to come before this meeting, the meeting was adjourned at 10:10pm.

The next regular meeting of the Conservation Commission is scheduled for Thursday, January 11, 2007 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Submitted by Rita Carroll