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2008 Minutes:

January - February - March - April -May - June - July - August - September - October - November - December (cancelled)


MILFORD CONSERVATION COMMISSION

Meeting Minutes of January 10, 2008

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice Chairman
Rodney Dellafelice, Audrey Fraizer, Andy Seale- Full Members
Chris Costantino - Alternate Member
Rita Carroll

Others Attending:
Noreen O'Connell - Board of Selectmen Chair
Albert Williams - President, Wilton-Lyndeborough Winter Wanderers Snowmobile Club
Kim Rimalover - Potential new member

Excused:
Wayne Hardy

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:08 PM.

MINUTES:
Upon a motion made by Hub and seconded by Andy, the minutes of the November 8, 2007 meeting were accepted as presented.

UNFINISHED BUSINESS:
  1. Wildlife Study Requirements - Diane explained that the Planning Board is including in their development regulations criteria regarding the need for a developer of a large parcel to complete a wildlife study. The Commission would like to submit a list of things they suggest be included, along with criteria as to when a study would be required. Rita presented the group with a list of items she compiled from looking at other studies and related documents. Members scheduled a work session to review and edit the list. They will meet on January 17 at 7 pm in the Community Development Meeting Room.

NEW BUSINESS:
  1. Falcon Ridge Open Space (non-agenda item)- Al Williams, President of the Wilton-Lyndeborough Winter Wanderers Snowmobile Club appeared at the meeting to ask about the layout of the Falcon Ridge subdivision's open space that has been deeded to the town. He questioned whether or not the snowmobile club has a trail easement and if it is affected by the location of houses and roads. Diane informed him that the town owns the open space and that the snowmobile club will be given permission to use it. Rita will mail him a copy of the plan showing the open space location.

    Diane also suggested that ConComm meet with the snowmobile clubs in the area to determine where they like to ride in town and where their trails are, so that ConComm is aware in case an area comes up for development.

  2. Rotch Town Forest - Forest and Wildlife management plan. Dan Cyr, from Bay State Forestry has historically managed the property. In response to a request for a quote, he sent a letter and work order to do a forest management plan for this property. Diane read the letter and work order to the members. Mr. Cyr suggests that the property lines be reflagged and reblazed, if it has not been done already. He suggests that the lines be redone due to the subdivision of the church lot, the house lots and a tract that was given to the Rotch's son. If the Conservation Commission helps him locate and blaze the bounds, costs would be reduced. In May of 2003 Chris Guida, Chris Costantino and Wayne Hardy had marked the boundary of the Rotch property that runs along the back property lines of the new houses on Ruonala Rd. Conservation Land signs and orange blazes were used. They had also attached the conservation land signs to trees along Melendy and Ruonala Rds. The group discussed visiting the property before and during Mr. Cyr's first visit to the property. They believe that Meridian had marked the bounds and may have posted some conservation land signs. They would like the blazing on the trees refreshed.

    Dan also proposes that for $1000, he will do the field work for the management plan and meet with the CC twice, first to discuss what the Commission would like in the report and then to present the completed report.

    Hub made a motion that Diane sign the work order with the condition that Rita send a letter with it to Mr. Cyr. She will include information from the 2003 minutes about the work that ConComm and Meridian have done marking the bounds. She will also inform Mr. Cyr that the Conservation Commission members would like to join him on his initial survey visit to help him locate the existing bounds on the property. Andy seconded the motion and the vote was unanimous in favor.

  3. CIP Process - Chris and Andy volunteered to work on putting together a list of priorities for the CIP committee in order to ask for LUCT Funds to be put into the Conservation Land Fund. The list should be submitted by the end of March, early April. Chris will contact Carol Andrews, Executive Director of the NHACC, for input on what other towns are doing. Rita will send her the contact info.

  4. Keene State Student Stormwater Education Project - 4th grade event day. As part of the compliance with the EPA Phase II stormwater regs, Sarah and Bill have been working with a group of Keene State College (KSC) students to put together a curriculum for Stormwater in the Milford Schools. The students completed their project and the high school and middle school teachers will be incorporating the KSC student projects in the early spring. The Elementary School has asked that the Town do a one day event for all the 4th graders on the projects developed by the KSC students, to that end Sarah is looking for some volunteers to help her do the one day event. She has asked if any one in the Conservation Commission might be interested in volunteering to help. The plan is for the day to be in the middle to end of April - around Earth Day. Diane, Chris and Hub are interested in helping out. Sarah will provide more details when available.

  5. Diva Day - The Commission is interested in participating in this event. When the date is set, Rita will let people know.

  6. Adams St. wetland violation - The Commission has received a standard D&F application for lot 22/73-1 on Adams St. The lot has a very small dry, buildable area. The owner's contractor, when clearing for the driveway cut and stumped trees in the wetlands and buffer. The state has ordered the owner to restore the stumped wetlands. Kevin has also instructed him to restore buffer that has been impacted. A culvert is needed for the driveway. This project will be discussed at the March 13 meeting after abutter notification. ConComm members plan to visit the site on Sunday, January 13 at 8 am. Rita will notify the engineer and some of the abutters.

  7. Membership - Rod Dellafelice - Rod told the group that because of a new full-time teaching position, he will be unable to participate as a full member of the Conservation Commission. After discussion, he agreed to stay on as an alternate member. Upon a motion made by Andy and seconded by Chris, Rod will change his membership level to that of an alternate member of the Conservation Commission.

INTERDEPARTMENT REVIEW: See Planning Board agenda. (These were done prior to the meetings.)
  1. Buknam, M/L 7/26
  2. Cherb/Tractor Supply Company Stores, M/L 9/25-1
  3. Lull Farm, M/L 52/23-2

ANNOUNCEMENTS:
Shoreland Protection Act Workshop - There will be a workshop hosted by Arlene Allen, NHDES Shoreland Protection Outreach Coordinator, on the newly revised Comprehensive Shoreland Protection Act. The talk will be held on January 23, from 6-8 pm. in the Banquet Hall. Conservation Commissions, Planning Boards and Zoning Boards from area towns will be invited. Inviting local engineering companies, such as Meridian, TF Moran, Sandford, etc. was also suggested.

There being no further business to come before this meeting, the meeting was adjourned at 9:23PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, February 14, 2008 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.


MILFORD CONSERVATION COMMISSION

  Meeting Minutes of February 14, 2008

Present:
Hub Seward - Vice Chairman
Audrey Fraizer, Andy Seale, Wayne Hardy - Full Members
Rita Carroll

Others Attending:
Kim Rimalover - potential new member
Chris Guida - Meridian Land Services
Earl Sandford - Sandford Surveying and Engineering
Abutters to M/L 22-73-1:
Charles & Linda Kallfelz, Kenneth & Margaret McGettigan, Wayne & Linda Barrow, Nathan & Lisa Kiner

Excused:
Rod Dellafelice

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

MINUTES:
Upon a motion made by Audrey and seconded by Andy the minutes of the January 10, 2008 meeting were accepted as presented.

APPOINTMENTS:

7:15 - Chris Guida, Meridian Land Services - D&F application for M/L 22-73-1 Adams St.
Chris presented the after-the-fact application to fill 245 SF of wetland fill for a driveway and to restore 2,460 SF of wetland that had vegetation cut and stumped. A site walk had been held on January 13. Notes from that site walk are attached to and part of these minutes. Chris explained that the drive needs a small amount of wetlands filled near Adams St., and that when clearing for the drive the contractor had removed and stumped a number of trees in the wetlands. He pointed out that the state allows impacts to wetlands to allow access to dry areas on lots. The owner plans to revegetate with similar vegetation to what was cut and stumped. [4,780 SF of buffer has also been disturbed. The applicant plans to restore that as well.]

Abutters present expressed a number of concerns:
Linda Kallfelz asked if the wetland line were farther up [east, closer to the lot line], how would the driveway construction affect it? Chris answered that more buffer would be impacted. Even if the wetland came all the way to the property line, there still would not be more impact than would be allowed using a minimum impact application.
  The potential effect of the project on the water level in their yards was asked about. Chris answered that 245 SF is a small amount of fill and that the source of water to their yards is the higher spots on their lots. There will be a change, but a small amount. Linda Kallfelz said that the drive is currently higher than the rock wall that borders the properties. They are already pumping water. Chris said that engineering has not yet been done for the drive, but he expects that culverts will be done for the drive to accommodate the surface water.
  Ken McGettigan asked why the PSNH utility pole was not relocated to allow the driveway to be located farther away from the wetland. There was some discussion over whether or not the trees in line with the pole had already been removed. Audrey stated that the impact to the wetland is small, compared to the value of the large trees there.
  Concern was also expressed by Wayne Barrow and Linda Kallfelz about the impact of running the water and sewer lines to the house. There are boulders out there and a high water table. Chris explained some of the methods used to run the sewer lines. He said that it would be up to the Code Enforcement Officer to make sure the project is done correctly. Blasting in the area was of concern and the blasting that had been done in 1991 was brought up.
  Concerns about the pollution to the brook and wetland were brought up. The hydraulic line that ruptured has still not been completely cleaned up. Fluid was sprayed on the pads and trees.
  Linda Kallfelz asked where the snow would be plowed and was concerned about plugged culverts and impacts to the wetland.
  The abutters also recommended that before projects, owners and/or contractors talk with abutters to inform them of what was happening and to agree on boundary locations. There was some discussion about the locations and markings on trees that had been removed. The abutters expressed frustration with all the work that had been done without a permit.
  Linda and Wayne Barrow also questioned the wetland delineation. This had been looked at a second time. The town could ask that a 3rd party be hired to redo the delineation.

[Discussion was postponed to later in the evening to allow the second appointment to be heard.]

  When discussion began again, Audrey stated that she thought that a small wetland impact would be more acceptable than having the large trees removed and was concerned that moving the pole would cause the trees to be removed. At the site walk (see report below), concern was expressed regarding tree removal, the need for culverts under the driveway and the sediment control barriers that were seen. Chris said that right now there are bark mulch berms, which may be better than silt fencing in the cold ground, but he agree that they will need more barriers if they build in the spring. Audrey also asked about the restoration plan. The plan shows native species, such as dogwood, blueberries, ash, and a planting schedule. The plan requires 80% success and monitoring for erosion.

Audrey made a motion to recommend approval of this application with the following conditions:
  • that the utility pole located near the entrance of the drive be moved so that the driveway can be up as high and away from the wetland as possible;
  • that an adequate number of culverts be engineered across the drive, so that the drive does not impact surface runoff from the back yards of the abutting lots;
  • that adequate silt fencing be added to protect the wetland;
  • that the trees along the driveway not be removed.
Andy seconded the motion. Vote was unanimous in favor

7:45 - Earl Sandford, Sandford Surveying and Engineering - Hollow Oak Lane M/L 7/5
Earl presented a D&F application to fill 1714 SF of wetland for this project at the end of Hollow Oak Lane. He had appeared before the Commission a number of times to request a recommendation for the ZBA. Per the Commission's request he has included on the plan a conservation easement on the western 2.8 acres of the property. He did receive a recommendation from the Commission for the ZBA to approve the project. [See minutes of September 13, 2007.] Earl agreed that they will ask the Planning Board to allow them to not pave the far western row on the lot until necessary; however that section of the parking lot will be shown on the plan, in order for them to get the approval now if the parking does become necessary.

Andy made a motion that the Commission recommend approval of the D&F application as presented. Audrey seconded. Vote was unanimous in favor.

UNFINISHED BUSINESS:
  1. Town Forest Management Plans - A proposal has been received from Dan Reed, New England Forestry Consultants, to do management plans for Hitchiner, Tucker Brook, Mayflower and Patch Hill (if the town votes to incorporate it into Mayflower). Vote is needed whether or not to accept. Audrey made a motion to accept the proposal as presented, including the Patch Hill quote, as long as Patch Hill does become incorporated into Mayflower. Rita will ask that each forest have a completely separate report and Diane will ask for some clarification on exactly what can and will be done regarding the maintenance of the bounds. Andy seconded the motion. Motion passed by unanimous vote.

    Dan Cyr, Bay State Forestry, is ready to set a date to walk with the members at Rotch to begin his work on that property's management plan. Members decided to wait for the snow to melt in order to be able to help him find the bounds. This item will be place on the March agenda.

  2. Diva Day - March 8th. Diane will have a table there for SVLT and ConComm. Audrey volunteered to be there from 12:30 - 3:00 PM. Wayne may be available, but does not know yet. Hub might be available. Kim will be available and will let us know what time.

  3. Wildlife Study Requirements - work session was Jan 17th. The draft from this session had been emailed to members. Rita will compile all suggestions for the draft and send it around again. At that time members can decide if another work session is necessary.

  4. CIP Process for 2008 - Andy reported that Chris has sent him a great deal of info and that he and she will be working on it. They need to be ready for the end of March or the beginning of April.

  5. Wildlife sighting reports for the Web site - Andy had suggested adding something to the Web site asking people to call or email in information when/what, etc. wildlife they see in town. Rita will work on creating a form for the Commission's Web site. The creation of a layer for ArcView was also suggested. It could show points of where animals or signs were sighted.

NEW BUSINESS:

  1. Site Walk - M/L 22-73-1, Adams St. - Audrey made a motion to approve the site walk notes as presented. Andy seconded. Vote was unanimous in favor.

  2. Site Plan and Subdivision regulations - Building envelopes. ConComm has an appointment with the Planning Board on March 4 to present a suggestion that a 15 ft. building setback from the buffer be included in their development regulations, in order to prevent buffer impacts due to construction of a building. Audrey and Wayne said that they would be able to attend this meeting. Rita will discuss it with Kevin Lynch.

  3. Membership renewals - Rod, Wayne and Andy are scheduled to appear before the BOS on March 10, 7pm.

  4. ConComm Budget Report. The Conservation Commission town report and budget summary for 2007 were presented to the members. No questions or concerns were brought up.

INTERDEPARTMENT REVIEW: Were done in the office prior to the meeting.
  1. D. Ouellete, South St, M/L 25/35
  2. J. Remson, Amherst St., M/L 26/8
  3. Burger King Corp., Nashua St., 44/13
  4. TDK Realty, Emerson Rd., M/L 48/37

REPORTS:
  1. Conservation Land Management Committee - nothing new to report.

  2. Warrant Articles for 2008 - A suggestion was made to include some information about these in the paper.

  3. Shoreland Protection Act - ConComm held a workshop hosted by Arlene Allen, NHDES Shoreland Protection Outreach Coordinator, on the newly revised Comprehensive Shoreland Protection Act. Audrey suggested that people who own and/or live on properties affected by the new law be sent some sort of notification about what they can or cannot do.

Andy moved to adjourn the meeting at 9:40 PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, March 13, 2008 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

ATTACHMENT:
Adams St. Wetland Violation - Site Walk

Site Walk Notes: 77 Adams St. M/L 22-73-1 - Wetland Violation
Sunday, January 13, 2008, 8am.
Present: Chris Costantino, Audrey Fraizer, Diane Fitzpatrick, Kim Rimalover, Chris Guida (Meridian Land Services), Nathan Kiner (owner of 22-73), Linda Kallefiz (owner of 22-71), and Kenneth McGettigan (owner of 22-68, 22-69).

Chris Guida pointed out the wetland impact, driveway location, buffer location and house site. Those present were dismayed at the very small size of the usable area. A concern came up that we assured the abutters we would pass on to the building inspector. We observed the slope of the land from the surrounding dry land and the driveway location in respect to stormwater flow. There is only one culvert shown on the plan, very near the road. We believe that several more culverts will be needed along the driveway to prevent water from backing up into the abutting lots. Stormwater already creates soggy lawns and if the stormwater is not given free flow across the improvements on the new lot, there will be flooding issues on surrounding properties. The restoration schedule was questioned. Chris Guida did not have that information on the plan. We need to check the D&F permit and be sure Kevin is aware of the requirement for planting time line and extent prior to the completion of the project.

No evidence of a barrier for sediment control was seen, even though there will be and has been fill dumped along the road. Something more effective than plastic and hay bales, such as a heavy duty fence should be required by whomever is laying the water and sewer lines as well as the driveway work. The impact to the trees along the driveway should be minimized.


MILFORD CONSERVATION COMMISSION

Meeting Minutes of March 13, 2008

Present:
Hub Seward - Vice Chairman
Audrey Fraizer, Andy Seale, Wayne Hardy - Full Members
Rita Carroll


Others Attending:
Kim Rimalover - potential new member
Lise Bigl - potential new member

Excused:
Diane Fitzpatrick, Rodney Dellafelice, Chris Costantino

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

MINUTES:
Upon a motion made by Andy and seconded by Wayne, the minutes of the February 14, 2008 meeting were accepted as presented. Vote was unanimous in favor of the motion.

UNFINISHED BUSINESS:
  1. CIP - LUCT presentation - Rita showed the PowerPoint presentation that Chris Costantino had drafted to present to the CIP Committee. It asks that a portion of the funds received from the Land Use Change Tax be designated for the Conservation Land Fund. Members thought the presentation was well done and had some suggestions. Rita will compile the list of suggestions and give that and the presentation to Andy and back to Chris.

  2. Rotch Wildlife Preserve - Forest Management Plan Site walk- Tabled until April meeting waiting for the snow to be gone.

  3. Wildlife Study Requirements - members reviewed and discussed the requirements for an Environmental Assessment and an Environmental Impact Study that Rita had compiled from their suggestions. Andy suggested that the CC meet with the Planning Board at a work session to gain their opinions on what has been done so far.

  4. Keene State Student Stormwater Education Project - 4th grade event day will happen around Earth Day. Rita will let members know once the date is set.

  5. Wildlife sighting reports for the Web site - members reviewed a form that Rita had created for people wanting to report wildlife sightings in town. It was decided that the form would be simplified. People could print it from the Web site or they could email the office and give a report. Rita will keep a log of sightings. If enough data is reported, she could create an ArcView layer.

NEW BUSINESS:
  1. New Member - Kim Rimalover - Kim has been present at three meetings. She also participated in ConComm's display at Diva Day and went on at least one site walk. She told the group that she has had an interest in conservation for a long time and has wanted to become involved for awhile now. Audrey made a motion to ask the Board of Selectmen to appoint Kim as a full member of the Conservation Commission. Andy seconded the motion which passed by unanimous vote.

  2. Town Clean Ups - Rita asked if there is a need for a volunteer clean up activity in any area of town. Andy mentioned that there is a lot of debris along the Souhegan River and suggested hosting a clean-up of the bank late in the summer when the water is low.

  3. Tree cutting work - The town's insurance company has stated that they do not want volunteers working on town properties to be handling power equipment, such as chain saws. Rita will be looking into hiring a licensed professional to cut dead trees that are on or threatening the trails in town.

INTERDEPARTMENT REVIEW: (had been completed and submitted before the meeting)
  1. NH Charitable Gaming - Granite Town Plaza
    Commission's Comments: No Comment.

  2. Chappell Properties, LLV 454, Rt. 13 South - 48-8
    Commission's Comments: What is and will be the percent impervious surface on the site?

  3. Brown Subdivision, Union Street - 42-37 [This project had been discussed at a ConComm meeting on Nov. 8, 2007.]
    Commission's Comments:
    The Conservation Commission still has serious concerns with lots 10, 12 and 15 for two reasons.
    1. Proximity of the houses to the wetlands on the lots. How will the builders construct a house on lot 12 without impacting the buffer, which is only 11 ft. away? How will they stabilize the steep bank behind lot 15 without impacting the wetland below?

    2. Stormwater Management. This project will greatly increase the amount of water flowing to lots 10, 12, and 15. On Nov. 13, 2007 we asked that the lots be reconfigured to locate the wetlands out of the lots and to provide a lot for stormwater management. Lot 12 shows a 14 ft. deep detention pond ~20 ft. from the house. We have suggested using lot 12 for stormwater management only. A house on that lot will take away any opportunity to increase stormwater capacity there if needed.


REPORTS:
  1. Building setback from a wetland buffer. Diane and Rita had met with the Planning board regarding the creation of a 15 ft. building setback from a wetland buffer. The Planning Board supports the idea and suggests that ConComm move forward to come up with wording. One thing that needs to be looked at is the definition of a building. There can be no building in the setback. What exactly is a building? What would be and would not be allowed? There also is a need to think about unusual or creative situations, for example the corner of a building touching a buffer. This regulation will need to go in the zoning ordinance; therefore will be voted on in March of 2009. The Wetland ordinance should also have some of its language clarified.

  2. Conservation Land Management Committee - Jon Thunberg reported in an email to the office that:
    • The trail manual [being drafted by this committee] should ready to issue in about 2 months. Thereafter, all editing suggestions will come from inputs from our committee but the document will be issued and controlled by the MCC office.

    • Routed trail signs are being prepared for Mayflower and Tucker Brook.

    • 15 Information Boards have been built to display single documents (usually maps) along trails or at secondary trail heads.

    • A numbering system for emergency use on Town Trails is being studied for implementation later in the year.

    • Dead or dying trees in Mayflower will be marked with survey tape for cutting by a contractor to be selected by the MCC office. The same will be done for Tucker Brook and eventually for all town properties with trails.

    • A map and other documents have been posted in the new kiosk off Shady Lane in the Mayflower Town Forest.

  3. Warrant Articles for 2008 - Both articles submitted by ConComm for the election passed.

There being no further business to come before this meeting, Andy made a motion to adjourn at 9:15PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, April 10, 2008 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.


MILFORD CONSERVATION COMMISSION

Meeting Minutes of April 10, 2008

Present:
Diane Fitzpatrick - Chair
Hub Seward - Vice-Chair
Audrey Fraizer, Andy Seale, Wayne Hardy - Full Members
Chris Costantino - Alternate member
Kim Rimalover- New member
Rita Carroll - Recording Secretary

Others Attending:
Kathy Bauer - Selectmen's Rep.
Lise Bigl - Potential new member
Paul and Nancy Amato - owners of Holland Farm
Marcie O'Connell, Eden Gallant - Holland Farm CSA

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

Approval of Minutes:
Upon a motion made by Hub and seconded by Wayne, the minutes of the meeting of March 13, 2008 were accepted as presented.

Appointments:
  1. Marcy O'Connell, Eden Gallant - Holland Farm CSA - discussion regarding the Holland Farm. Marcie introduced herself and Eden and told the group that they are the managers of the Holland Community Supported Agriculture farm at the Holland Farm. She explained the way a CSA is structured. She pointed out that members have the advantage of picking what they want and knowing who is growing their food. They are currently pesticide free and in 3 years will begin the process of becoming certified organic. They are starting with the 5 acres behind the buildings and will expand to other areas from there. There is a waiting list of people wanting to participate in the CSA. When asked about existing trails on the property, Marcie stated that she wants to keep the trails. She talked about a fence around the perimeter with room to keep the trail outside. She has heard from volunteers who would like to help.

    Paul Amato, owner of the Holland Farm, told the group that the buildings are being improved. The house is coming along well and the other buildings will be started next year. Current Use was discussed. There is no plan that specifically delineates the exact area that is in Current Use for the property. However, the records in Assessing describe the two buildings each within an acre that is out of current use. Marcie said that they are happy with the buildings there; they are adaptable to their needs and there is no need to tear anything down.

    Chris pointed out that this farm is something that the Commission and residents wanted to see happen with this property and that she is glad they are doing it.

  2. Steve Reisland, Scott Brown - Union St. subdivision, 42/37 - Mr. Brown and Mr. Reisland were present to discuss two issues related to this project.

    Mr. Reisland explained that he had met with Bill Ruoff regarding the wetland on the lot that is adjacent to Union Street. There is a chronic drainage problem along Union St. and with two abutters. The abutter to the wetland (owner of lot 34/1) has to run a sump pump continuously at this time of year. Mr. Ruoff would like to see the engineers on this project take the road drainage that goes into the wetland to their system, which will take the water out under Rt. 101. They would like to see the wetland drained. Diane asked if there were another solution. A swale along the side of the wetland would direct some of the surface water away from the wetland and into the system. Mr. Reisland believes that the drainage problem is not solely a surface water problem. It is a combination of surface run-off and subsurface water. A swale would at least take care of the surface run-off to the wetland. In addition to the swale, a berm could be created along the line between the abutter's property and the wetland to help keep the flow from coming into his back yard and up to his foundation. Hub suggested putting in an overflow drain that would keep the wetland at a specified level. The wetland would be maintained as a wetland, but the flooding problem could be alleviated. The disturbance that would be created in the wetland to put in the structure would be a temporary disturbance. Diane suggested that they contact the Wetlands Bureau for their input.

    The other issue discussed was lot 12. The Planning Board had voted to make the determination that it is a non-buildable lot. Mr. Reisland presented a plan with a blow-up of that lot. Encroachment on the detention area has been of concern, in that there is only a small (11 ft.) area between the single car garage and the detention pond. In order to maintain the integrity of the wetland and buffer in this area, Mr. Reisland offered to construct a stone wall on the buffer line. He would also grant an easement "with teeth" so the landowners would not encroach. He pointed out that there is 7300 SF of buildable area on the lot, which is enough room for the 24' x 36' house and 20' x 20' garage.

    Diane said that one of the concerns that the Commission has is stormwater. They have seen stormwater management in other subdivisions prove to be insufficient. If that happens for this project and there is a house on the lot, there will be no room to make adjustments. The lots are small and will probably be entirely landscaped with lawns that are nearly impervious. For this project the entire site basically becomes impervious causing a tremendous increase in the water flowing off the site. Chris pointed out that often models do not work. The Wallingford subdivision has made many adjustments for stormwater management. They have waited to deed their open space to another entity until all their stormwater issues have been worked out.

    Mr. Reisland pointed out that the water will flow to outlets under Rt. 101 to Great Brook. He said that the detention basin is designed for a 25-yr. storm, will pass a 50-yr. storm and will just begin to flow over the top in a 100-yr. storm. He also had made modifications that were suggested by the town consultant. DES site specific will be weighing in on the project also. A stone wall is much better than a line on a map. He would be willing to use mortar on the wall and to make the wall fairly tall. The landowner would have almost no backyard, but would have an area for wildlife.

    Hub asked if it would be better if the landowner did not own the detention area, if that lot were made smaller. The question arose, however, about who would own that space. Members agreed that they were uncomfortable with the small buildable area and wanted to support the Planning Board's decision to call it a non-buildable lot.

    Andy made a motion to support proposal #1 and to not support proposal #2. Audrey seconded and the vote was unanimous in favor. [Proposal #1 was the construction of some sort of an overflow drain that would keep the wetland at a specified level. Proposal #2 was to allow lot 12 to be a buildable lot.]

Unfinished Business:
  1. LUCT presentation for CIP Committee. This presentation has been edited per the suggestions at the last meeting. Members asked how much would be asked for, be it an amount with a cap or a percentage. They agreed to ask for 50%, with no cap. Kathy Bauer pointed out that there will be a meeting between the BOS, CIP and the Facilities Committee on April 28 that she believes is an open meeting for attendance, but not input. She also suggested that even though there are a lot of other town projects being considered she felt that ConComm should still come and propose this to the BOS. Even if the BOS does do not support it, it does not hurt to present it.

  2. Rotch Wildlife Preserve - Forest Management Plan - Members agreed that they would like to take a walk to find the bounds soon, so that when they walk with Dan Cyr they will be able to show him. They set a site walk for Mon, Apr, 14, 9AM. They will meet off Rt. 13 in the area where the Church is going in.

  3. Wildlife Study Requirements - CC has an appointment at the PB work session on May 6 at 6:30 PM. The Planning Board would like to review a draft before their work session. CC members scheduled a work session to prepare for this on Monday, April 14, 7 pm in the Community Development meeting room. Rita will send a copy of the latest draft for member review and comment before the work session.

    Sarah had also told Rita that the PB would like clarification on 3 things included in Conservation's suggestions for the Development Regulations.

New Business:
  1. Election of ConComm officers:

    Chris made a motion to reappoint Diane as Chair of the Conservation Commission. Andy seconded; motion passed unanimously.

    Chris made a motion to reappoint Hub as Vice-Chair of the Conservation Commission. Andy seconded; motion passed unanimously.

  2. Forest Management - Mayflower Town Forest. Diane told the group that trees that are dead or dying and threatening to fall on the trails have been flagged by the Conservation Land Management Committee. Any tree leaning away from the trail and not threatening the trail will be left for habitat. Understandably, volunteers can not operate chain saws on town land. An insured professional will be hired. After contacting and pricing a few, the Committee chose Perry Cloutier. Diane estimates the cost to be ~$2000.

    Chris made a motion to spend an amount not to exceed $2500 from the Forest Fund for the removal of the trees at Mayflower Town Forest. Audrey seconded the motion and the vote was unanimous in favor.

  3. Potential Conservation Easement - Diane informed the board that Peter Leishman would like to grant a conservation easement on his property on McGettigan Road, M/L 40/2. The easement would be about 3 acres in size and abuts the Tucker Brook Town Forest. A brook runs through the property.

    Audrey made a motion to ask the BOS to accept the conservation easement on this property. Andy seconded and the motion passed unanimously.

  4. Souhegan River Trail - Andy brought up the fact that he was out on the trail and noticed a couch and a great deal of garbage in beyond the gate at the new parking area. He or Rita will inform Fish and Game.

  5. EPA Phase II Clean Water Act - Stormwater Training Presentation - Rita gave a presentation to the group that she had compiled from the presentations that she had attended. She talked about what the program was about, how Milford has been working on their compliance and what can be done by municipal employees in terms of pollution prevention.

The meeting was adjourned at 9:55 pm.

The next regular meeting of the Conservation Commission is scheduled for Thursday, May 8, 2008 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.


MILFORD CONSERVATION COMMISSION

Meeting Minutes of May 8, 2008

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice Chairman
Audrey Fraizer - Full Member
Kim Rimalover - New member
Rita Carroll - Recording Secretary

Others Attending:
Lise Bigl - Potential new member
Kathy Bauer - Selectmen's Rep.
George Infanti - Owner of Map 8-54-1
Al Williams - Winter Wanderers Snowmobile Club President
Buddy Dougherty - Winter Wanderers Snowmobile Club member

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:15PM.

MINUTES:
Minutes of meeting of April 10, 2008. No vote was taken, in that there was not a quorum present.

APPOINTMENTS:
  1. 7:15 - George Infanti - owner of Map 8-54-1 - Standard D&F application for construction of a Self Storage Facility, Rt. 13 North. Special exceptions for the wetland and buffer impacts were granted at the ZBA meeting of May 1. This project had also been discussed by the Commission in September of 2002 and June of 2006. George explained that there is currently an old woods road into the property. The road has an undersized 15" culvert that backs up causing water to flow over the drive. The project proposes to replace that culvert with a 4 foot culvert, recessed to create a natural bottom for wildlife passage. The new drive will be higher than it is now. It will be in the same location as the woods road, crossing the wetland in the narrowest area. The culvert has been sized in order to prevent flooding both upstream and downstream of the property. There will also be a gated emergency access to the back (western end) of the lot connecting to his other property on North River Road. 2267 square feet of wetland and 3740 square feet of buffer will be impacted for the access driveway into the property. An additional 4670 square feet of buffer will be impacted to create stormwater swales that will be vegetated. .

    Members discussed the project. Wetland and buffer impacts are permitted to allow a landowner access to his property; the Commission had no concerns with those impacts. Back in 2002 the Commission had asked that some of the buildings be reduced in size to keep the pavement out of the buffer. That had been done per the Commissions request. For this project there will be no pavement in the buffer other than the access driveway. The purpose of a buffer is to treat water before it runs to a wetland. The buffer used for the stormwater swales will be vegetated and will allow the slow release of water to the wetlands. The sense of the group present was that they had no concerns with the project as presented. Rita will write a letter to the Wetlands Bureau recommending that the Dredge and Fill permit be issued for this project.

  2. Al Williams, Buddy Dougherty - Winter Wanderers Snowmobile Club (Not on the Agenda) Al and Buddy asked if they could address the Commission. They asked for permission to cut the brush back on the trails at Mile Slip to maintain the trail width. They were referring to the 3 ½ miles of trails and bridges that had been constructed by the NHATV club. They are currently mapping their trails with GPS units and will give ConComm a map of the trails in Milford. To maintain the 10-12 ft. width that currently exists, they need to remove brush and brambles and can use a tractor with a rotary mower. If the work is done soon, chainsaws will not be needed. Members thought that clearing the existing trails would be a good thing. Audrey mentioned that it could also be good for horseback riding. ConComm needs to remove the ATV signs and put others out there. Diane said that the Conservation Land Management Committee will be doing that. Two kiosks also need to be relocated. The bridge on the road to Mason was discussed. Within 3 years it will need to be constructed. DPW will do the excavation and the Snowmobile Club will do the construction. Bridges need a minimum of 6 feet in width to safely accommodate 4 ft. wide snowmobiles. Also discussed was "You are here" signs with GPS coordinates. Rita will ask Fish and Game about a program they are starting doing that. Al will give Rita the names of any volunteers who will be working at Mile Slip, so that Rita can pass them onto Dawn to include on the Town Volunteer list. Rita pointed out that for liability reasons volunteers cannot be using chainsaws on town land. The mowers will be ok. Al mentioned that the Club could write a letters of support if needed for other trails in town being created, maintained and used as snowmobile trails in the winter.

    Buddy asked if the parking lot at Mile Slip can be used to unload snowmobiles. Diane answered that yes, snowmobiling is an allowed use on that property and therefore the parking lot can be used for that purpose.

    Al also asked about the location of the trails at Falcon Ridge. Diane told him that there will be a connection through the property, but not where the trail is now. Snowmobiles will have to cross a road at some point.

UNFINISHED BUSINESS:
  1. Environmental Impact Study Requirements - The suggestion to require an environmental impact study for some projects was submitted to the Planning Board and discussed at their work session on May 6. The Planning Board had some questions and input. They asked about the criteria that would be used in deciding whether or not an environmental impact study would be required. Would all, one or a certain number of criteria need to be met to trigger the impact study? They also asked that a study include some sort of discussion with recommendations to avoid impacts. They asked that the Commission get an idea of the costs involved for a developer to fulfill these requirements. And they asked for a "purpose". What will be done with the data? Why would a developer be made to do all that extra work if nothing would be done about it?

NEW BUSINESS:
  1. New ConComm member - Vote to ask BOS to appoint Lise Bigl as a new member. No quorum present; this vote will take place at the June meeting.

  2. Burns Bridge in Tucker Brook - Diane explained to the group that last year during the April flood, the bridge in Tucker Brook had washed away. Dave Wheeler had organized and completed a project to build a 25 ft bridge over the brook to replace it. Per his request on 8/27/07 the BOS named the bridge the "Burns Bridge". ConComm will host a small event to dedicate the bridge. Diane suggested a plaque be ordered, a brief history of the Burns family be read and that there be a guided hike along that loop in Tucker Brook. Lise volunteered to look into the family history. The morning of June 14 was set as a tentative date.

INTERDEPARTMENT REVIEW:
  1. Hendrix Wire and Cable - 14/8 - Old Wilton Rd.
    Commission Comments: No Comment

  2. Milford School District - 38/50, Brookview Drive.
    Commission Comments: No Comment

  3. Samonas/Ninety-Nine Restaurant - 44/111, Nashua St.
    Commission Comments: No Comment

  4. Church of Our Saviour, 52/18-6, Rt. 13 South.
    Commission Comments: No Comment

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, June 12, 2008 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.


MILFORD CONSERVATION COMMISSION

Meeting Minutes of June 12, 2008

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice Chairman
Audrey Fraizer, Andy Seale, Wayne Hardy, Kim Rimalover - Full Members
Chris Costantino, Rodney Dellafelice - Alternate Members
Lise Bigl - potential new member
Rita Carroll - Recording Secretary


Others Attending:
Nate Chamberlain - Meridian Land Services
Steve Boucher - Owner of Airmar Corporation
Steve Christenson, Kent Warden - Airmar Corporation

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

MINUTES: Upon a motion made by Audrey, seconded by Wayne, the minutes of the April 10, 2008 meeting were accepted as presented.

Upon a motion made by Audrey, seconded by Hub, the minutes of the May 8, 2008 meeting were accepted as presented.

APPOINTMENTS:
7:15 - Steven Boucher - owner of M/L 7/31, 6-39-1 and 6/36 (Airmar Corporation) on Meadowbrook Drive - Mr. Boucher and Nate Chamberlain were present to discuss a project to expand Airmar. They would like to increase the paved area on the existing site (6/39) and to construct a building and pavement on the lot across the street (7/31). They would need to impact wetlands created by drainage on both sites. On lot 7/31 they would also like to create more than the allowed 70% impervious surface. They will need to submit a dredge and fill application to the state and request a waiver from the ZBA. In exchange for ConComm's support for the project, Steve Boucher, owner of the properties, has offered to protect the entire lot 6/39-1 as Conservation Land. This ~6 acre lot currently has a conservation easement on a 150 ft. buffer zone along the length of Tucker Brook, which runs through the lot. According to the conservation easement, the Grantor has the right to cross the brook to develop the back of the lot. Mr. Boucher stated that crossing the brook to develop the back of that lot would be expensive and disruptive to the brook. He would like to exchange the development rights of that entire parcel for the right to slightly overdevelop lot 7/31, which does not abut Tucker Brook. [It abuts Rt. 101 in the back.] Chris and Rita had visited the area on a monitoring visit for the Conservation Easement along the brook. The area is forested, scenic and steep in places. It would provide a nice hiking area for employees working in the businesses on Meadowbrook Dr. It can eventually connect to Tucker Brook Town Forest through the lot to the south, which also has a 150 ft. wide conservation easement on Tucker Brook. Members agreed that this parcel has a great deal of conservation value. Diane asked about the access to the parcel. Mr. Boucher said that there had been a lot line adjustment made awhile back that created an area to access the parcel from an existing access easement. The area can be used for trail access and a little bit of parking. When asked whether he would donate a conservation easement or fee interest on the entire parcel, Mr. Boucher said he would probably donate the parcel to the town to be managed by the Conservation Commission. It is currently being taxed as industrial property. They are scheduled to appear before the Planning Board on June 24. Diane mentioned that they should complete the dredge and fill application before going to the ZBA. The consensus of the Commission was that they support this project. They would need to confirm the existence of legal access to it for a trail.

UNFINISHED BUSINESS:
  1. Environmental Impact Study Requirements and Set back Regulations - Diane told the group that the Planning Board is supportive of the concept if there is something they can do with it, if it would make a difference. If information is gathered about the environmental impacts ConComm needs to be able to help the Planning Board justify saying no to projects that would significantly damage the environment Members scheduled a work session for Wednesday, June 25. If it is available, Rita will reserve the BOS meeting room. If not, she will reserve the meeting room in the Community Development department.

  2. Development Regulations: - The flow chart for the Open Space Subdivision Process will be reviewed at the June 25 work session.

  3. LUCT - After discussion, the group decided that the CIP form would not be submitted for designation of LUCT funds this year. Audrey and Chris would still like to present the concept to the BOS to familiarize them with what ConComm is interested in and to get input. Working with other departments on this was also discussed. Rita will look into what LUCT funds can legally be used for.

NEW BUSINESS:
  1. New ConComm member - Lise has been to three meetings, along with work sessions and trail work days. Audrey moved that the Conservation Commission ask the Board of Selectmen to appoint Lise Bigl as a full member. Wayne seconded the motion, which passed unanimously.

  2. "Burns Bridge" Dedication and Guided Hike at Tucker Brook will be held on Saturday, June 14, 10AM. Audrey, Chris, Hub Diane and Brian Hawkins are available to be there to hand out maps and guide hikers if need be to the bridge.

  3. Beaver Control - Wildlife on Rt. 13 - Suzanne Fournier, Coordinator of the "Beaver Team", had sent a report to the office about the work they have been doing in town, to help control the flooding caused by beaver dams. In her report, Suzanne mentioned that "collisions between wildlife and vehicles on ……Rte.13 S [adjacent to Rotch Wildlife Preserve] have caused the recent deaths of the Rotch Wildlife Preserve's mother beaver with at least two fetuses, a second beaver, a large raccoon, a female mother bobcat that had given birth to two kittens earlier this spring (that according to a F&G biologist in charge of the dead bobcat), and an adult fisher on Memorial Day." Suzanne had suggested putting up a wildlife crossing sign and reducing the speed limit in that area. It was decided that Rita would contact the appropriate people to ask if these accidents have increased since the beaver dam at the Rotch property and what they suggest to do to try to remedy the situation.

  4. Hitchiner Town Forest - curfew. Rita reported that Jon Thunberg had told her that the kiosk at the Hitchiner had been vandalized. He spoke to a police officer about it and asked the officer if it would be helpful to them if a curfew was initiated at Hitchiner. The police officer replied that yes, it would. Per the Conservation Land Ordinance, the Conservation Commission has the right to "fix times when Conservation Lands shall be open to the public." Members discussed having a curfew and agreed that it would be a good idea for this particular property, in that there is a lot of activity there at the pavilion, including fires, littering and vandalism. The curfew at Keyes Park will be 9:00 in the future. Members agreed to match that time at Hitchiner. The pavilion and parking off the main road makes Hitchiner a draw. Whether or not the gate would be used again and locked at night was discussed. The accesses to the fields should be blocked to prevent trucks and ATV's from driving out there. The CLMC will go out there sometime, possibly with Sam Trombly to take a look at the parking area

INTERDEPARTMENT REVIEW:
  1. Airmar Tech. Corp - Meadowbrook Drive, M/L 7/31
    A memo was submitted to the Planning Board supporting the project. It also mentioned the need for information on the status of the legal access to the lot.

REPORTS:
  1. Conservation Land Management Committee - Campfires are happening at Mayflower again and the kiosk at Hitchiner has been damaged. It will be moved and repaired. Jon will report the vandalism and fires to the police and fire department.

There being no further business to come before this meeting, the meeting was adjourned at 9:05PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, July 10, 2008 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.


MILFORD CONSERVATION COMMISSION

Meeting Minutes of July 10, 2008

Present:
Diane Fitzpatrick - Chair
Rod Dellafelice, Andy Seale, Wayne Hardy, Kim Rimalover, Lise Bigl - Full Members
Chris Costantino - Alternate member
Rita Carroll - Recording Secretary

Others Attending:
Kathy Bauer - Selectmen's Rep.
Steve Reisland, Scott Brown - Scott Brown Subdivision on Union St.
Abutters to the Scott Brown Subdivision - Micheal O'Hare, Dave Dube, Michelle White

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

Approval of Minutes:
Upon a motion made by Wayne and seconded by Andy, the minutes of the meeting of June 12, 2008 were accepted as presented.

Appointments:
  1. 7:15 PM - Steve Reisland, Scott Brown - Union St. subdivision, M/L 42/37 - Min Impact Dredge and Fill application. Mr. Reisland presented the application for two areas of wetland impacts totaling 2,200 SF of wetland impact. This project had been discussed at the April 10, 2008 meeting. The road near the entrance from Union St. will impact ~1000 SF and the embankment on the roadway in the western end of the lot will impact another ~2000 SF of wetlands. Diane asked about the structure that would be located in the wetlands that had been discussed in April. Mr. Reisland answered that there would be a catch basin in the wet area to keep the water to a level 6" lower than the Union St. swale. Water will still pond in the area, but not as high. Water from that catch basin will be directed to the closed drainage system that will flow to the west end of the site. The catch basin will relieve some, but not all of the problems that the abutter on M/L 43/1 has historically been experiencing with flooding on his property. Chris asked about what controls would be in place to deal with erosion on the 12' high berm that is being created. Mr. Reisland agreed to put hay bales on both sides of the silt fencing to help reinforce it. He also said that the run-off on that embankment would be from the top of the berm only; all other water would be directed away. Rita had spoken with Bill Ruoff who told her that the town had constructed a catch basin in the back of lot 43/1 to help alleviate some of the flooding problems there.

    Chris asked if this plan was acceptable to the Planning Board. She was answered that yes, both the Planning Board and the Conservation Commission (at their April 10 meeting) were in favor of the catch basin in the wetland and the removal of lot 12 as a building lot. [The area that was previously lot 12 is now part of lot 10 and will be used for drainage only.]

    Rod made a motion to recommend approval of the application as presented. Andy seconded and the motion passed unanimously. Diane will sign the application indicating that the Conservation Commission has no objections to this proposal.

  2. Attorney Andrew Prolman - Falcon Ridge Open Space Subdivision. Attorney Prolman told the Commission that recently he received a letter from an abutter who has a right-of-way (ROW) from Whiting Hill Rd. to a north boundary of his lot (6/1). The abutter wishes to assert his right to the easement area. Attorney Prolman located the deed (7164/2589) and plan (#15986) referring to that ROW and noted that the language allows the grantor , "its successors or assigns," to relocate the ROW. In the northern half, the ROW crosses building lots 3-5-20, 21, and 22. The owner is willing to relinquish his ROW on those lots and use Peregrine Way to access Whiting Hill Rd. The ROW can be relocated to do this per the terms of the deed. In the southern half, the ROW crosses the town owned open space. Because the access easement was granted prior to the land being deeded to the town it does currently exist in that open space and can remain there. Or the southern end of the easement could be relocated to give access to 6/1 from the end of the cul-de-sac on Falcon Ridge Road. Attorney Prolman said that that town may want to pursue terminating the ROW in the open space area and grant the owner of 6/1 a ROW to the cul-de-sac instead. That would need to go to town vote. The area near the cul-de-sac is steep. Attorney Prolman also pointed out that other people may have access easements on that or another woods road shown on plan # 15986. Rita will look into whether or not the access easement belongs to anyone else.

Unfinished Business:
  1. Development Regulations: Environmental Impact Study Requirements and Setback Regulations Diane and Rita will work on the regs, using the notes Audrey took at the June 25 work session. Rita will make an appointment for a PB work session. One thing decided upon at the June 25 work session was that the WAP maps and the Natural Resource Services maps would be used to determine if an Environmental Impact Study would be required. Milford would add its information to those maps. Diane showed the group an article from the Cabinet about a man who is doing a natural resources inventory for the town of Lyndeborough. She asked if CC would be interested in looking into hiring him to do some inventorying in Milford. Members were asked to read the newspaper article and think about whether or not they would want to consider hiring him. Andy suggested that the Commission get feedback about the Environmental Study requirements from the Planning Board first.

  2. LUCT - Members agreed that they would like to make a presentation to the BOS to familiarize the Selectmen with the concept. Most other towns designate all or a portion of the LUCT funds to a conservation fund. Specific ideas on what these funds would be used for was discussed. Work on the Souhegan River Trail, and a tunnel and bridge for the Rail-Trail were suggested.

New Business:
  1. Beaver Control - Diane began the discussion by explaining that years ago the Rail-Trail had washouts due to beaver flooding. Suzanne Fournier, a volunteer who coordinates a "Beaver Team", came forward, repaired the trail and installed beaver bafflers to prevent future flooding. She has since then become very involved in beaver control in many areas in Milford. She recently sent a report to the office, DPW, the School Department, the School Board and to NHDOT. That report is attached to and part of these minutes. Andy Seale expressed a number of concerns with the report. He asked if installation of pipes, bafflers and fences in beaver dams, would be considered wetland violations. Rita will ask DES. Diane pointed out that a landowner is allowed to remove dams on his own property. Andy was also concerned with a statement made regarding using potential law enforcement on a resident who is breaching a dam on or near his property. Andy asked who gives Suzanne permission to work on the properties and to interact with landowners in town. Diane stated that Suzanne does not have permission to initiate any legal action against landowners. Andy is concerned that she seems to be representing herself as working for the town; she copied her report to a number of different people. Diane explained that NHDOT had become concerned that beavers in the Rotch Town Forest would cause a culvert under Rt. 13 to be blocked or frozen in the winter. Steve Whipple has asked that the water level be kept down to maintain a clear area in the culvert. Suzanne was contacted by the Commission and she has been working with Steve on the water level there. Rita had asked Bill Ruoff about whether or not Suzanne works for him and he stated that has not asked her to do any work in town. He feels that she is under the 'umbrella' of the Commission.

    Members were concerned with work being done and landowners being spoken to by someone who appears to be working for the Conservation Commission, but who has no real direction from the Commission. Kathy Bauer pointed out that the Conservation Commission currently has a good reputation and it is important that it not be undermined. She suggested that, as an independent volunteer, Suzanne needs to come in to get permission to continue to work on conservation land. For any work on town land, she needs to get permission from the BOS.

    Members decided that a meeting would be set up in the office with Suzanne, Diane, Andy and Rita. Suzanne would be informed that there needs to be a work plan, with goals and guidelines. She would need to follow the guidelines and to obtain permission in advance for any work done on Conservation land. She would also need permission from the BOS to work on town land. The Commission will somehow inform people that Suzanne is not working for the Commission (unless on conservation land). Rita will contact the state regarding rules pertaining breaching dams and installing pipes, baffles, deceivers, etc. The meeting in the office will take place before the August MCC meeting, in order to give Suzanne the opportunity to come to that meeting as well, if she would like.

  2. Hartshorn Pond Parking, M/L 2/29 - Diane told the group that the Hartshorn Pond Property had been given to the town under the management of the Conservation Commission by Harold Wilkins a long time ago. The Lion's Club is celebrating its 50th anniversary next year and has offered to do a service for the town to commemorate that anniversary. Diane has been discussing improving the parking area for the pond with John Miller of the Lion's Club, and with Tom and Sally Wilkins who own the property where people are currently parking (M/L 5/19). Mr. and Mrs. Wilkins are in favor of improving the area. Mr. Miller will need a proposal to present to the Lion's Club. Bill Parker has offered to draft a plan for the location of the drive and parking area. Someone will be needed to create plan for the landscaping.

  3. Conservation Commission Annual Picnic - The picnic will be held on Sunday, August 3, beginning at 1 PM. Rita will email invitations.


Interdepartmental Review: - (completed in the office prior to the meeting)
  1. Thomas Curtis - M/L 5/26, Joslin Road
    Commission's Comments: The proposal is to access the new lot via the existing drive on 5/26, with no wetland or buffer impacts. We need to be sure that in the future a new drive is not created that would cross the wetland abutting Joslin Rd. Lots 5/26-1, 2, &3 were subdivided off in 1988; 5/26-4 was in 1990. Would they be taken into account when considering the number (not the configuration) of lots in the case of a future open space subdivision?

  2. PINTA/Party Vision - M/L 25/126, Columbus Ave.
    Commission's Comment: No Comment


  3. Kent Sheldon/Dilberg - M/L 18/4, Elm St., Kent's Service Station Commission's Comment: No Comment (because bringing the lot into 30% pervious surface compliance had been mentioned.)

Reports:
  1. Conservation Land Management Committee - Diane reported that the Committee has been working on the properties cleaning up trails, creating maps, installing kiosks, improving parking, trail blazing and more. Mayflower Hill Town Forest is a near finished project. They will continue to work on the other town forests.

The meeting was adjourned at 9:50 pm.

The next regular meeting of the Conservation Commission is scheduled for Thursday, August 14, 2008 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Attachment:
Beaver Team Report - Spring 2008

From: Suzanne at Solutions animalfriendlysolutions@comcast.net
Date: 2008/05/27 Tue PM 03:59:35 EDT
To: billruoff@milford.nh.gov, Conservation Office conservation@milford.nh.gov , "Fitzpatrick, Diane" diane-nh@verizon.net , wcooper@sau40.com, peterbragdon@verizon.net, swhipple@dot.state.nh.us
Subject: Beaver Team Report -- Spring 2008 (Milford)

May 27, 2008

TO: Milford Conservation Commission
Milford Department of Public Works
Milford School District/Facilities & Milford School Board
Milford Crew of NH Department of Transportation

FROM: Suzanne L. Fournier, Coordinator
Beaver Team of Animal Friendly Damage Control Solutions

RE: Spring 2008 - Beaver Team's report of activities and observations

The Beaver Team would like to briefly share with you information about our current activities and observations related to beavers and their habitats in Milford. If you would like additional information about any area, contact Suzanne any time. If you have other areas needing our attention, let me know - the Beaver Team would be glad to help.

Rotch Wildlife Preserve Beaver Dams - Water Level Control (Rte. 13 S and Melendy Rd.)
Over the past two years, the pipes we installed and continue to maintain in the large dam at the Rotch Wildlife Preserve have successfully kept the water level down in the beaver pond, preventing flooding of the culvert on Rte. 13 S. The opening at the culvert is now approximately three inches which will continue to enlarge as the water-flow pipes release water steadily and gradually so as not to cause erosion or other negative effects for the environment or wildlife.

We observe this year that the beavers of the Rotch Wildlife Preserve have built a second, large dam downstream from the first one. This second dam runs adjacent to the trail along the stone fence at the location of the small "stone bridge," thus flooding the trail. The trail is no longer easily passable at that point except with waterproof footwear. From the Melendy Rd. trailhead, a hiker would travel down the path a short way and quickly encounter the new pond. We think this pond is a true benefit to the wetlands of the Rotch Wildlife Preserve. We note that hikers still have access to the preserve from the Ruonala Road trailhead.

Route 13 S Culvert Opposite Rotch Wildlife Preserve - Protected with Fence
This spring we installed a large fence at the culvert on the east side of Rte. 13 S, across from the Rotch Wildlife Preserve. The type of fence installed is one that discourages beavers from building any dam against it, thereby allowing maximum amount of water to flow through the culvert. This is what NH DOT/Milford Crew wished to have. We also included a 12-inch opening on the left side of the fence for wildlife passage. Mink, muskrats, turtles and beavers may utilize this opening. During summer drought and very low water, other wildlife may also use the culvert as safe passage under this very busy section of Rte. 13 S. We have been monitoring this fence and beaver activity, and all appears to be working well.

Unfortunately, collisions between wildlife and vehicles on this stretch of Rte.13 S have caused the recent deaths of the Rotch Wildlife Preserve's mother beaver with at least two fetuses, a second beaver, a large raccoon, a female mother bobcat that had given birth to two kittens earlier this spring (that according to a F&G biologist in charge of the dead bobcat), and an adult fisher on Memorial Day. We contacted NH F&G's Nongame Program coordinator, John Kanter, about cooling down this hot spot of roadkill by suggesting that the state consider placing "wildlife crossing" signage and reducing the 50 mph speed limit. About a half mile away, the speed limit drops to 35 mph, not soon enough, though, to save animals at this wildlife crossing. Mr. Kanter has started communicating with NH DOT in Concord on this wildlife crossing issue. If you have any advice or can be of assistance on this matter of wildlife crossing signage and reducing the speed limit on this area of Rte. 13 S., we would like to hear from you.

Emerson Road Flooding Prevention (Rte. 101 culvert)
We will advise NH DOT/Milford Crew about the kind of fence needed to prevent beavers from re-damming a culvert that floods the backyards of properties on Emerson Road across from Hampshire Hills properties. We will offer our assistance.

Melendy Area Rail Trail
Beavers continue to maintain a large dam in the area we have called the Corron Pond. It backs up the water through the culvert across to Area #2 (Dickerman Pond). Both Corron and Dickerman Ponds, which are separated by the Rail Trail, are very full of water and providing great habitat for wildlife. The fence at Area #2 continues to protect the culvert should beavers in the future decide to build a dam against it.

Though there is beaver activity, there is no beaver dam in Area #1 (i.e., the part of the Rail Trail closer to Melendy Rd.) due to illegal breaching. At least one nearby abutter continues to illegally breach a beaver dam at the downside of the culvert, just as he has done regularly over the past years. There is a fence on the upside of the culvert, though it is still in disrepair due to prior vandalism by abutters and harsh weather. We will be removing this fence this season and will consider whether or not to install a new fence to protect the culvert from future clogging by beavers. Our tentativeness is due to the continued troubles with the abutter(s) who do not accept a fence and pipes in Area #1, even though these exist on town land and not on their land. Landowner relations combined with law enforcement might be the answer to restoring beavers to Area #1.

Brox Property Wetlands
A recent visit to the Brox wetlands where the road had washed out in prior years showed that beavers have returned. The culvert under the road is still wide open, not clogged by beaver debris. Also, since there are huge boulders filling in the road at the washed out area, there would be no further danger from any beaver flooding - the water would simply flow around the boulders. However, we are willing to install a fence at the culvert should the beavers begin to clog it.

We will be monitoring the Brox site to keep up with beaver activity. We understand that there are plans in the making for the future of the Brox conservation land and wetlands, and we would like to help the beavers find their place. Please let us know if you have any problems with the beavers in this area and we will take appropriate steps to control the damage while keeping the beavers around to help maintain the wetlands.

Union Street/Rail Trail Lodge and Dam
The backing up of water onto the Rail Trail due to beaver activity is still something that we would like to prevent. Beavers have been active in the area in recent years. There are no beaver dams readily visible near Union Street. Therefore, we will try to locate any beaver dams downstream that may be backing up the water to the Rail Trail. Once located, we will inquire with some of you as to who is the landowner of the land with the beaver dam, and will plan to install water-lowering pipes through the dam(s).

Union Street Culvert on Side of Route 101 - Pipe through the Dam
Last fall we learned from NH DOT/Milford Crew (Steve Whipple) that a beaver dam near Union Street could benefit from a water-lowering device to keep the water at a satisfactory level at the culvert at Route 101. We installed a six-inch flex pipe that is still working properly this spring. We plan this year to add a second six-inch flex pipe to allow more water to flow through the pipes than over the dam in high-water conditions.

Heron Pond School Road Culvert
A recent visit to Heron Pond School showed no signs near the road culvert that beavers are present. There is still a pond even without the beavers. It is disturbing to us that some people in the area and in town do not want beavers to inhabit this wetland. Since problems related to tree cutting can easily be solved by wrapping single trees with wire mesh or by fencing off multiple trees, and problems related to flooding can be solved by installation of a proper fence and/or pipe system at the dam, there is no good reason for anyone to object to beavers inhabiting this pond and associated wetlands. We offer to assist abutting landowners with solutions to their problems. Please refer them to us.

Should you have questions, comments or referrals, we would be pleased to hear from you. Thank you.

Sincerely, for the Beaver Team,

Suzanne L. Fournier, Coordinator


MILFORD CONSERVATION COMMISSION

Meeting Minutes of August 14, 2008

Present:
Lise Bigl, Audrey Fraizer, Wayne Hardy - Full Members
Chris Costantino, Rod Dellafelice - Alternate members


Others Attending:
Kathy Bauer - Board of Selectmen Rep.
Charles Kurtz, Pam Hooper - Town residents
Mike Leriche, Kara Fortin - Town residents and potential trail volunteers

Excused:
Diane Fitzpatrick, Andy Seale, Hub Seward

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

MINUTES:
Minutes of July 10, 2008. Rod suggested amending the minutes to state that he is an alternate member, not a full member. Chris made a motion to accept the minutes as amended. Lise seconded. Vote was unanimous in favor.

UNFINISHED BUSINESS:
  1. Development Regulations: Environmental Impact Study Requirements and Set back Regulations - Diane and Rita will be working on drafting a purpose and requirement criteria for the Environmental Impact Study. Suggestions for any zoning changes and/or a regulation for a building set back from a wetland buffer should be ready by October.

  2. Land Use Change Tax (LUCT) - Audrey and Chris are tentatively scheduled for Sept. 22 to give an LUCT PowerPoint presentation to the BOS. Rita will find out if 6:30 is available and will submit a memo to the BOS before the meeting. She will also put the presentation on CDs or a flash drive for Rod, Audrey and Chris to review and edit. The title will be changed to "LUCT", in that the purpose of the presentation is to familiarize the BOS with the concept, not to make a formal request for funding.

NEW BUSINESS:
  1. Beaver Control - Andy and Rita had met with Suzanne Fournier to discuss guidelines for Beaver Control in town. Rita then drafted guidelines and submitted them at this meeting for the Commission's approval. Rod made a suggestion regarding #12 Infractions. After discussion, it was decided that the last two sentences, starting with 'Notification' would be removed and that the order of #11 and #12 would be switched.

    Audrey made a motion to accept the Beaver Control Guidelines as modified. Rod seconded. Motion passed unanimously.

    Not on agenda: Charles Kurtz was present to express concerns with beaver dams at and near where Tucker Brook goes under Mason Road. DPW cleaned out the culvert, but there is a dam 100 ft. in from the culvert also. The beavers are damming Tucker Brook to the north of Mason Rd. (in the Town Forest) and the culvert to the south of Mason Rd. Mr. Kurtz is concerned with potential damage to the road and with the fact that ponds are being created that could harbor mosquitoes carrying EEE or West Nile virus.

    ConComm members decided to visit the site on Monday, August 18. They will meet at the west end of Boulder Drive at 5:30 PM and walk to the area from there.

  2. Update to the Policy and Procedure manual - The Commission was presented with draft changes to the Land Management Chapter of the Policy and Procedure Manual and will be asked to vote to approve these changes after the "The Conservation Commission Trails Manual" has been presented to and accepted by the Commission. This item will be on next month's agenda. When approved, the section of the Policy and Procedure Manual will be presented the Selectmen for their approval.

  3. Pet waste station - Members were asked if ConComm would be willing to purchase a pet waste station for the area between the back of the Cabinet and the east side of the Putnam St. parking lot, providing that DPW would agree to stock bags and empty the receptacle. The cost is estimated to be ~$300. After discussion it was decided that Rita would find out if there is a town law regarding dog waste and what the state law is. She will bring the DES fact sheets and information to the next meeting.

  4. Falcon Ridge and Wyman Farm Open Space to be designated as Conservation Land. Rita has an appointment on August 25 with the BOS to ask that the open space of these two subdivisions be designated as Conservation Land. From her memo to the BOS:
    "…The properties were conveyed to the Town, but the deeds contain no language preserving them from development. While an argument can be made that the land is protected because it was deeded to the town as a result of the open space ordinance, [which does have the language], we feel it would be clearer, especially in the far future, if the parcels were designated as Conservation Land under the management of the Conservation Commission." ConComm members supported the idea.

  5. NRPC Great Places Contest - Rita presented brochures about this contest, in which one great place will be selected from each NRPC community. She suggested that Mayflower Hill Town Forest be nominated, in that a lot of work has been done out there and it is close to the downtown area of Milford. Community members are encouraged to submit nominations for their favorite Great Place by visiting www.nashuarpc.org or by submitting a form. All nominations must be received by September 8.

  6. Nees Bridge in Emerson Park - Rod mentioned that he would like to paint the bridge, possibly on Labor Day weekend. Rita said that there may be some paint in the office for him to use. Rod also would like to look into 'Rhino' paint. He mentioned a broken board on the bridge that may have been broken in the flood last year, hopefully not by vandals.

REPORTS:
  1. Hartshorn Pond Parking - Rita reported that Diane has met with the owners of the area where the drive to the parking area would be relocated. Bill Parker has drawn up some plans for parking and landscaping. The next step will be to obtain Rt. 13 plans that show the exact location of Hartshorn Mill Rd. and to decide how to reconfigure the lot. In the meantime the Lions Club can begin landscaping on the town owned portion of the property at any time. Kathy Bauer mentioned that the new configuration could make it impossible for large trucks to use the area.

  2. Scott Brown, Union St. subdivision - Min Impact Dredge and Fill application. This project was discussed at the ConComm meeting of April 10, 2008. The minimum impact expedited app was approved by the Commission at the July 10, 2008 meeting. The plans presented at that meeting showed the catch basin in the wetland, but the application did not discuss it. Steve Reisland has resubmitted an application that addresses the catch basin. The new application shows an increase in the wetland impact by 600 SF, bringing the total up to 2800 SF. The application is currently under review at the state.

  3. Falcon Ridge open space - Andy Prolman emailed the office to say that he noticed in the construction drawings in the plans a 12' gravel access road off of Peregrine Way in the exact location of where the existing access easement intersects with Peregrine Way. The access easement is owned by Sam Shea and runs from Whiting Hill Rd. to the north of his lot, 6/1. The 12' access noted in the construction plans will benefit both the town and Mr. Shea. Attorney Prolman said in his email that Mr. Shea's easement is a preexisting right of way, so the Town's use of the access road can not interfere with his use of it. They will confirm the use of the access road when the Falcon Ridge road network is conveyed to the Town. Jay Heavisides of Meridian told him that the Commission requested access to the open space land almost 5 years ago. Diane looked into the other ROW shown on the plan that goes into Wilton. She learned from Spencer Brooks that the ROW benefits the town of Wilton, in that Wilton owns the parcel.

  4. Conservation Land Management Committee - Chris reported that they will be starting to do more projects in September. Mike Leriche and Kara Fortin were present at this meeting to learn about the Conservation Commission and to express interest in doing some volunteer trail work for the town. Rita will keep in contact with them.

There being no further business to come before this meeting, the meeting was adjourned at 8:30 PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, September 11, 2008 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.


MILFORD CONSERVATION COMMISSION

  Meeting Minutes of September 11, 2008

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice Chairman
Lise Bigl, Audrey Fraizer, Wayne Hardy, Kim Rimalover, Andy Seale - Full Members
Chris Costantino - Alternate member
Rita Carroll

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:02 pm.

Minutes:
Upon a motion made by Audrey and seconded by Lise, the minutes of the meeting of August 14, 2008 were accepted as presented. [Andy and Chris were not present for this vote.]

Unfinished Business:
  1. Development Regulations: Environmental Impact Study Requirements and Set back Regulations - Diane reported that she has been working on fitting the suggestions generated at the work sessions into the development regulations. The criteria for what would trigger the need for an environmental assessment (EA) would go into the regulations. The intent is that any one of the criteria listed would cause an EA to be required. The purpose and components of an EA would go into an appendix, along with the result, namely what can be done with the information in the study. Diane also proposed that the results of the studies be reported to NH Fish and Game and added to the maps used by the town under this requirement. She plans to complete the compilation by September 20 for members to review at the next meeting. Members were in support of what has been done so far.

  2. Tucker Brook Town Forest - A site walk was held on August 18 to look at the beaver dams north of Mason Rd. and at the culvert where Tucker Brook goes under Mason Road. Audrey reported that she, Rod, Lise and John Bigl went to Tucker Brook Town Forest to look at the beaver dams. They saw "beavers in their natural habitat." The culverts under Mason Road were clear at that time. They felt that the beavers were not impacting the road or the trail and saw no need to eradicate them or to install bafflers. They felt the area would have a lot of mosquitoes there with or without the dam. They met a neighbor who told them that he has no problem with the beavers as long as the road does not flood. Chuck Kurtz had sent an email to Diane saying that an abutter to the property was concerned in that the beavers were taking trees down on his property. Chuck also felt that the excess water was becoming a health issue due to mosquitoes being present. ConComm members discussed the issue and agreed that they do not want to remove beaver from the town forest. They felt that water (mosquito habitat) is everywhere in town. DPW will take care of beaver and dams that are flooding roads. They decided that Rita will talk to DPW about any trees that are threatening power lines or the road. She can suggest that the abutter use chicken wire to protect the trees on his property.

    Chuck Kurtz came in later in the meeting and was briefed on the earlier discussion. Chris Costantino also came during this later discussion.

    Diane told Chuck that regarding the health issue concern, the members did not see that spot as the sole source of mosquitoes. There are many wet areas out there and mosquitoes do travel. The Commission would like to see the town forest maintain its wildlife diversity. Chuck mentioned that he is concerned with a birch tree that is ready to fall on Mason Road and that the beaver are removing trees on the abutter's property. Diane pointed out that the abutter is allowed to trap beaver on his own property and that he can protect his trees with chicken wire. The Commission is concerned about the road, but the Commission does not want to drain water from conservation land. DPW takes care of the beaver and the dams to protect the roads.

New Business:
  1. Conservation Commission Trails Manual - Members had reviewed this document that was drafted by the Conservation Land Management Committee. Diane pointed out that it is a 'changing' document that will be updated periodically. Kim made a motion to accept the Conservation Commission Trails Manual. Audrey seconded and the motion passed unanimously. [Andy and Chris were not present for this vote.]

  2. Update to the Conservation Commission Policy and Procedure Manual - Rita presented draft additions to the Policy and Procedure Manual. "Conservation Lands Management" and "Beaver Control on Conservation Land" would be added to the be added to the Land Management section. Hub made a motion to accept the additions as presented. Wayne seconded and the motion passed unanimously. The section will be presented to the Selectmen for their approval and to the CLMC. [Andy and Chris were not present for this vote.]

  3. Poison Ivy at Kaley Park - Rita had been informed that access from the fields in Kaley Park to the water for fishing, etc. is not possible right now, because there is a tremendous amount of poison ivy there. Round-Up cannot be used, because of the proximity to the water. Kim pointed out that there is a Round-Up specifically for poison ivy that may be able to be used near water. Rita will look into the Poison Ivy Round-Up and how close it can be used to water. She will contact UNH Cooperative Extension for suggestions about eradicating the poison ivy.

  4. Town Forest Management - Diane had forwarded an email to members from Selectman Dannis that contained two articles about management of publicly owned forests. One discussed a fuel assistance program with 'cut-your-own' initiatives. Diane asked members what they thought about the articles. The Commission does have management plans for their town forests done every 10 years. Management plans are currently under way for Rotch, Hitchiner, Tucker Brook and Mayflower Hill (including Patch Hill) Town Forests. Mile Slip (452 acres) was so heavily timbered that a plan is not needed for 40 years [per the recommendation of the County Forester]. Proceeds for any timbering in Dadoly Town Forest will go to the grantor (Dadoly) for another 15 years. There is no need to spend town money at this time for plans for these two forests.

    The concept of allowing residents to timber the forests and use the wood and how such a program would be managed was discussed. [Andy came during the discussion.] For insurance purposes, the town does not allow volunteers to use chain saws on town property. The fact that many people who will need fuel assistance may not have wood stoves, or may be incapable of cutting their own wood was also mentioned. The forests should be timbered and managed professionally. Suggestions included having someone cut the wood and leave it for people to pick up. Wood cut this year would not be usable until next year, however. Another suggestion was to sell the timber to a green plant that offsets energy costs to users. Members decided that Selectman Dannis would be asked what his plan would be for such a program here in Milford. Audrey pointed out that this would be against the Land Ordinance [7.20.040 E. Except as allowed in C above (Hunting & Fishing), collection, by the public, of any mineral, plant, animal or a part thereof, is not allowed.] Members agree to her suggestion that the Commission respond when the forest management plans are completed.

  5. Trail Expo - Diane told the group that the Commission will be planning another Trail Expo for sometime in May. She and Rita met with Rick Holder, owner of Hampshire Hills, who supports the idea and has offered use of his facility, tables, chairs, audio-visual equipment and clean-up at no charge. He said that he wants people getting more excited about increasing physical activity in their lives. The Expo that was held in the Town Hall in Feb of 2006 could only host non-profits; Souhegan Cycle Works and EMS will be contacted for this event at Hampshire Hills. Audrey mentioned that she knows a woman who does a demonstration with owls. The Search Dog demonstration was popular also. Diane will talk to EMS and suggest May 10th and 17th to them. Members were asked to think about and give suggestions of presenters and participants to Rita.

Interdepartment Review:
  1. Community Facilities Chapter - Master Plan Chapter 3.
    Commission's Comment: No Comment

Reports:
  1. Hartshorn Pond Parking - Diane passed out photos of the parking area. She had met with Mondanock Survey who will charge between $3,500 and $4,000 for the survey. She had also met with Attorney Drescher to discuss the project. The plan is to lay out the end of Hartshorn Mill Rd., where it will intersect Rt. 13. It will intersect across from an existing drive, at a 90 degree angle and will have a turning radius suitable to handle large trucks. A survey plan of where that road will be is needed. The town needs to own the land for the road and the park. The state will require a curb cut and guard rail. The Wilkins will lose a small triangle of land, which they have no problem with as long as their trucks can continue to enter and exit Hartshorn Mill Rd. as they do now. Where trucks currently pull over on Rt. 13 is slightly farther north of this project and cannot be formally addressed on a plan. The money for the survey will come from the Land Fund. The Lion's Club will fund the landscaping of the park. The Commission will present a formal plan to the BOS when the survey is ready.

    Andy made a motion to spend up to $5,000 from the Land Fund for the survey at the Hartshorn Pond Parking area. Audrey seconded the motion, which passed unanimously.

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

The next regular meeting of the Conservation Commission is scheduled for Thursday, October 9, 2008 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.


MILFORD CONSERVATION COMMISSION

Meeting Minutes of October 9, 2008

Present:
Diane Fitzpatrick - Chairperson
Lise Bigl, Audrey Fraizer, Wayne Hardy, Kim Rimalover, Andy Seale - Full Members
Chris Costantino - Alternate member
Rita Carroll

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

Minutes:
Upon a motion made by Audrey and seconded by Wayne, the minutes of the meeting of September 11, 2008 were accepted as presented.

Unfinished Business:
  1. Development Regulations: Environmental Impact Study Requirements and Set back Regulations - Diane and Rita will work on finalizing input from the Commission for the Environmental Impact Study. A building set back from a buffer regulation was discussed, in terms of what exactly would be allowed in that setback. Audrey suggested looking at the some of the definitions in the Comprehensive Shoreland Protection Act.

Chris and Rita have seen many infractions, mostly failed silt fences, in their monitoring visits of properties managed by the Conservation Commission. The group agreed that it would be a good idea to create and present a PowerPoint presentation to the Planning Board to make them aware of some of the problems that have arisen during recent construction projects.

New Business:
  1. Airmar Corporation - Minimum Impact Dredge and Fill Application - This project had been presented and discussed at the ConComm meeting of June 12, 2008. The application was received in October. Hub signed the application and abutters were notified for this meeting. In exchange for recommending that wetland impacts be allowed on 7-31 and 6-36 (Airmar lots), Mr. Boucher has offered permanent protection of lot 6-39-1. The Commission had agreed that this lot is of great value to the town for protection in that Tucker Brook runs through it. There is a conservation easement along Tucker Brook that allows a crossing of the brook. A crossing there would be very disruptive to the brook. If protected, trails can be made for workers in the area that can potentially connect to Tucker Brook town forest through the open space of the Meadowbrook Park Apartment complex. Rita had written a memo to DES recommending approval of this application as a result of the discussion in June.

  2. Conferences - Members were reminded of and signed up for:
    The NHACC annual meeting - Saturday, November 1
    The Watershed Conference - Sat. November 15

  3. Warrant Articles:
    1. Hartshorn Pond parking - As part of the project to improve the parking area at Hartshorn Pond, the end of Hartshorn Mill Rd. is being relocated to join Rt. 13 at a 90 degree angle, across the street from an existing drive. A small section of that road, in bad disrepair, will need to be discontinued via town vote to accomplish this change.

    2. SB 381 - which was passed in spring of 2008, is a law that allows Conservation Commissions to donate funds to private cons. groups (i.e. land trusts) without having to hold a legal interest in the property. It also allows ConComms to spend money on projects outside their boundaries. In order to take advantage of this new law two warrant articles must pass at town meeting. The Commission has the wording of the articles and discussed whether or not they would be interested in asking voters if they want to take advantage of the new law. By allowing money to be donated to other private conservation groups, the Commission can partner with other organizations and save the town money in some cases. And there may be situations where protecting land outside of town boundaries is advantageous for the town. For example, there are town wells in Amherst. The group decided that it would be nice to have the option to take advantage of the new law and will submit the two warrant articles for the ballot.

    3. LUCT - Chris and Audrey had given a presentation to the Board of Selectmen on Sep 22 about the Land Use Change Tax. They pointed out that most towns dedicate all or a portion of the revenues from this tax to a conservation land fund. Milford currently puts the funds into the general fund. Selectman Dannis stated that he had no objection to letting the voters decide if they want revenues from this tax to be dedicated to a conservation land fund. He did mention that it is important to clarify that this is not a vote for one year only. If this is voted in at town meeting, it would remain until voters change it at another town meeting. Rita will schedule an appointment for Chris and Audrey to meet with the CIP Committee.

  4. Patch Hill Open Space trails - Diane reported that she had a conversation with the landowner of lot 9/2, which is northeast of the Patch Hill open space. She had asked over the years for a trail easement through that lot to make a trail connection from the Patch Hill Open Space to protected land in Amherst. The landowner is not interested in granting an easement at this time, but would be willing to sell the property. She also has considered looking into making the connection by going through the eastern end of the Quarry Condo property. Members agreed that it would be a good idea to approach the owners of the Quarry Condo open space and to also talk to the owner of 9-2 again.

  5. Town Forest Management Plans - The Commission has received the Management Plans for Tucker Brook, Hitchiner and Mayflower Hill (including Patch Hill) Town Forests. The reports were reviewed at the meeting. The reports are in the office and copies will be made to give to the Selectmen. A management plan has also been worked on for the Rotch Town Forest, but has not yet been submitted to the Commission.

Interdepartmental Review:
1. White Duck Car Wash, M/L 32/9, Nashua St.
Commission Comment: no comment

Reports:
1. Wallingford Estates Conservation Easement - Rita reported that the open space of the Wallingford Estates subdivision was deeded to the SPNHF and the conservation easement was granted to the town. She has submitted a memo to the BOS asking that they accept the easement.

There being no further business the meeting was adjourned at 8:25.

The next meeting of the Milford Conservation Commission will be held on November 13, 2008 in the Selectmen's Meeting Room of the Town Hall.


MILFORD CONSERVATION COMMISSION

  Meeting Minutes of November 13, 2008

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice-Chairman
Lise Bigl, Wayne Hardy - Full Members Chris Costantino - Alternate member
Rita Carroll

Others Attending:
Kathy Bauer - Selectmen's Rep.
Steve Trombly, Darlene Trombly - owners of 5/3-1 Singer Brook Property, North River Rd.
Suzanne Fournier, Tom Gardner - Animal Friendly Damage Control Solutions
Jon Thunberg - Conservation Land Management Committee

Excused:
Andy Seale, Audrey Fraizer, Kim Rimalover

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

Minutes:
Upon a motion made by Wayne and seconded by Chris, the minutes of the meeting of October 9, 2008 were accepted as presented.
Appointments:
  1. Steve Trombly - Steve was present to discuss two projects.
    He presented a proposal for an addition to the North Yard cemetery. He explained that there are no more spaces left in the cemetery and he is willing to give the town some land on the north side of the cemetery for expansion. Steve would grade the land which slopes down to a wetland to make it the same elevation as the cemetery. He would need to fill ~3 ft. on the lower end and stabilize the slope with a wall. There would be no wetland impacts for this project, but there would be a small buffer impact. He needs to appear before the ZBA to ask for a special exception for the change of use from agricultural to a cemetery. He is asking if the project is acceptable to the Commission in that it is on land that has a Conservation Easement and there is some buffer impact. If the town does want this land for the cemetery, it would need an easement over Steve's driveway to access the western end of the road through the cemetery. Chris suggested thinking about proposing that this be a 'green' cemetery.

    The members expressed no concerns with this project. According to the terms of the easement, the subdivision of this parcel and addition of it to the cemetery is allowed. Rita will write a letter to the ZBA letting them know that the Conservation Easement allows this use of the land and that the Commission is in favor of the project. She will also call the engineer who drew up the plans to find out the square footage of buffer impact.

    Steve also presented a minimum impact expedited dredge and fill application for creation of a farm pond farther north on his property, out of the conservation easement area. The pond would be ~10 in the center; it would be created in a very wet area and will be used for irrigation. Less than half the pond would be located in the wetlands, which complies with the Wetlands Bureau's rules. The application shows 5, 349 SF of wetland impact and 7,073 SF of buffer impact. Members had no concerns with this project as presented as well.

    Wayne moved that the Commission sign the minimum impact application indicating that the Commission does not oppose permitting the proposed work. Lise seconded the motion and the vote was unanimous in favor.

  2. Suzanne Fournier and Tom Gardner - Beaver Control Information - Suzanne explained that she and Tom want to help solve problems that people are having with beaver. She pointed out that the Wildlife Action Plan supports the protection of beaver. She handed out some information for the board members to review: a list of quotes from the WAP, a "How to Protect Trees From Beaver" fact sheet, a "Beaver Pipes" fact sheet and a "Beaver Fences" fact sheet. The group had no questions on the hand-outs. Suzanne also mentioned that she will be creating a Web site that people can go to for information. She then expressed her concern with the qualifications of people doing beaver work in town. She is concerned that people that have vandalized beaver control work in town are not qualified to be putting in fencing.

    The group expressed appreciation for the information that Suzanne brought. Periodically people call with concerns and it is nice to have these resources to be able to give them. The fact that Celeste Barr of the Beaver Brook Association has experience using sand paint as described in the "How to Protect Trees From Beaver" fact sheet was mentioned.

  3. Jon Thunberg - Request for Funds to Purchase a Storage Shed - Jon told the group that because he has been building a number of bridges, kiosks and information boards he has a great deal of excess building materials at his house. The Conservation Commission also has many tools that they have purchased that are at various Commission and Committee members' houses. Jon proposed that the group purchase a small storage shed that could be used to store the materials and tools, so that everyone can have access to them. He had contacted the Building and Trades group at the high school, but never heard back. He shopped around at various suppliers and recommends Reeds Ferry in Hudson. They offer sheds for a good price and will also move their sheds in the future for a small cost. The board agreed that buying a shed was a good idea. After discussion it was agreed that the shed should be 8' x 12' in size, made of cedar, with high windows on the gabled ends, and the door located on an 8' end to allow long items to be brought in.

    Wayne moved to authorize the expenditure from the Land Fund of an amount not to exceed $3,000 for the purchase of the shed. Chris seconded the motion and the vote was unanimous in favor. Rita will find out if a building permit is required.

    Patch Hill Boundary Markers: John also mentioned that he and Brian Hawkins have found some of the bounds out at Patch Hill. He suggests that a metal stake and a boundary sign be put in close to the pins to help find them in the future, in that the pins are sometimes only 2" high. No one in the group had a problem with Jon doing that.

Unfinished Business:
  1. Warrant Articles: - ConComm members agreed that they would like to submit 5 warrant articles for the March 2009 ballot. Two articles will ask the town to approve the provisions of SB 381, dealing with commissions being able to purchase interest in property outside of town boundaries and/or being able to donate to other conservation organizations. One warrant article will ask the town to discontinue a small portion of Hartshorn Mill Rd. as a part of the improvements to the Hartshorn Pond Parking area. And two will be asking the town to designate a portion of funds received from the Land Use Change Tax to a conservation land fund.

New Business:
  1. Patch Hill - proposed trail work - Diane told the group that the land management committee would like to create a trail connecting the Patch Hill section of Mayflower Hill Town Forest to protected land in Amherst. She had spoken with Steve Desmarais about going through his property, Lot 9-2, but Steve is unsure about the future plans for this property at this time. Diane has suggested that as an alternative they ask for an easement for a trail loop in the open space of the Quarry Condominium cluster development. The easement would be over an area from the eastern boundary line in ~450 ft. There is an historic quarry operation that the trail would need to work around. When asked if the condo development would possibly expand into that area, Diane said that no, they have already completed their density. Diane, Jon and Brian plan to meet with the condo association on Monday, November 17 to discuss this proposal with them. No land purchase or surveys would be needed for this project. The Commission members felt that this was a good idea and support Diane's moving forward.

  2. Communities and Consequences Program - Wed., Nov, 19th 5:15 - 7:30 PM. Chris, Andy and Audrey had expressed interest in sitting on the panel for this program. Rita will send emails from the office about it to them.

  3. Beaver Control - Damage to trees on Mason Rd. Chris and Rita visited the site where Tucker Brook crosses under Mason Rd. There are two beaver dams in the area; one backs up water onto a neighbor's property across Mason Rd. from Tucker Brook. The neighbor has called DPW because the beavers are taking large trees down on his property. Rita presented a letter that she had drafted and will mail to the abutter. She will include some fact sheets with the letter about potential solutions to beaver problems.

Reports:
  1. Conservation Land Management Committee - Volunteer luncheon report: "The luncheon at Hitchiner was a very successful day, it was a great idea, we should make this an annual affair. The three jobs planned for the day were completed, kiosk relocated, connector trail reopened and steps installed at a very steep spot on the trail to the top of Burns Hill. The workers included 4 CLMC members, one neighbor and 3 other volunteers. Four more folks showed up for the lunch, 2 commission members and 2 women from Patch Hill."

  2. Development Regulations - the meeting with the PB subcommittee has been postponed until the week after Thanksgiving

  3. Wallingford Estates Conservation Easement, M/L 56/45 - Diane reported that the Conservation Easement on the open space had been presented to the Board of Selectmen. One selectman had a concern with Reserved Right "D", the right of the Forest Society to post the property against some uses. Diane spoke with the Forest Society about it and was told that that language is standard, that they would continue to reserve the right. They may however, add some language to the easement or draft a letter stating that before posting they would notify the town about their intentions.

  4. Hartshorn Pond Parking, M/L 2/29, 5/19 - The survey is not ready yet and will hopefully be completed next week.

  5. Donation to ConComm from the Baptist Church - The Commission received a $937 donation from the Granite Baptist Church. Rita will thank them right away and when ConComm decides what specific project/purchase the funds will be used for, Rita will let the church know.

Interdepartment Review: - done in the office prior to the meeting.

There being no further business to come before this meeting, the meeting was adjourned at 9:45 PM

The next regular meeting of the Conservation Commission is scheduled for Thursday, December 11, 2008 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall. [The meeting was cancelled due to a storm. The next meeting was held on January 8, 2009.]

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