Meeting Minutes of January 8, 2009

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice-Chairman
Lise Bigl, Audrey Fraiser, Kim Rimalover, Andy Seale - Full Members
Rita Carroll


Others Attending:
Kathy Bauer - Selectmen's Rep.
Dan Cyr, Mike Powers - New England Forestry Consultants
Andy Hughes - potential new member

Excused:
Chris Costantino

1. 7:15 Dan Cyr and Mike Powers of New England Forestry Consultants - presented the first draft of the forest management plan for the Rotch Town Forest. They wanted to discuss what the Conservation Commission is looking for in terms of goals and objectives. They have completed a timber cruise, created survey maps and GPS'd the corners of the property. Stand maps were handed out and will be added to the final product. The dominant species on the property is white pine with one stand in the north that is mixed hemlock and white pine. Multiple uses of the property were discussed. The report will include management strategies for a variety of species. The property is named the Rotch Wildlife Preserve. It has an existing trail system, current beaver activity and historically heron had nested there. The trail system is not large, but it does provide a place where people can take a walk and have access to wildlife and their habitats. Habitat profiles will go in the appendix of the management plan. According to Wildlife Action Plan (WAP) maps, the forest is not a critical habitat, but it is a nice property that should be kept open for the public. WAP maps are done on a large scale; observations made on the ground can and should be given to the state to add to the WAP data. There are ~500,000 board feet of timber on the property. ~20,000 board feet are now used to construct a house; hence there is enough wood for 100 houses. 750,000 board feet were harvested 20 years ago from the property, which at that time also included the Church property and 5 house lots that have since been subdivided off. Most areas are overstocked which is stagnating the growth, because as the overstory trees grow in not as much sunlight reaches the floor. The foresters recommend reducing the basal area ins some of the stands to jump start growth. There will be no degradation to the habitat during any timber operations; forestry will be done to improve the habitat. Most bounds are blazed, except for one side along Melendy Rd.
   When asked about the potential income from the forest, Dan replied that the pine market is down; however good wood will earn good money. This property can be harvested in the spring months. It is a 'mud lot', meaning it is dry enough that timbering can be done in the mud season, which is a good time for the market in that most other areas cannot timber at that time. Scarifying is good for white pine, as is stirring up the duff layer. The property would be harvested from north to south with a landing area created off Ruonala Rd., which is south. There are 10 large dead pines off Ruonala Rd. that would be left for habitat. The harvest would be a conventional one using chain saws rather than heavy equipment. The landing area would be turned into a small parking area after the timber harvest is complete. Dan will go out there again with ConComm members to look at the exact location for the landing/parking area. When asked if we could go through the abutting Church property, Dan felt that it would be better to use our own in case there is a church there in the future. The church's harvest crossed a stream also. Any harvesting near the wetland would be done with a cable, not heavy equipment. When asked, ConComm members replied that yes, they would like the hiking trail to be maintained. Dan recommends breaching the small beaver dam (not the large one) that causes water to overflow the northern section of the trail. Wood duck houses would be a good scout project also. He would leave the large mature pines near the pond for heron. The hiker trails on the uplands would be (have been) skidder trails, which is good. Within the next 3 weeks, Dan and Mike will complete the management plan and submit 1 digital and 3 paper copies.
   Andy Hughes asked why they are timbering in a wildlife preserve, to which Dan answered that it actually improves the habitat by diversifying it. Natural succession events such as forest fires, do not occur much anymore and a timber harvest opens the floor of the forest to more light, resulting in an increase in the biodiversity of trees. More species of trees are better for wildlife.
   When asked about timbering this year, Mr. Cyr felt that it would be a rush and thought that it would be best to timber in March of 2010. The Conservation Commission will visit the forest in the spring to discuss the management of the forest regarding timbering and beaver activity.

1. Warrant Articles for 2009 - The request to have LUCT funds designated to a conservation land fund has been removed. The Commission will submit 3 warrant articles. One will ask for the discontinuation of Hartshorn Mill Rd. at the Hartshorn Pond area. The other 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.

1. ConComm Budget - Rita presented the group with the Conservation Commission Budget Summary for 2008, which will be included in the Town Report. The different funds in the budget were explained. No one had any questions or concerns.
   Future timber harvests on the town forests were discussed. The Commission has management of property of value to the town. Any timbering done in 2010 would replenish the Forest Fund, unless the town voted to move some of those funds to another fund. The group was asked if they would be willing to share some of the timbering income. After discussion it was decided that if excess revenue is obtained beyond what is needed for proper management of the forests, the group would be willing to share those revenues with the town. The group supports the concept, but it has to be done in a managed way.

2. Trails Expo - May 17 at Hampshire Hills. Ideas for participants and speakers are needed. A woman who does "Eyes on Owls" was suggested.

3. Energy Committee - NRPC has grant money to help a committee get on its feet and do an energy audit. There will be an informational meeting with NRPC for interested people on Jan. 27 at 6:30 PM at the Milford Town Hall. Kim and Audrey volunteered to go.

4. Economic Development Advisory Committee - One member from the Water and Sewer Commissioners, the Conservation Commission, and the Milford Industrial Development Corporation is needed to sit on the newly formed Economic Development Advisory Committee. Chris volunteered to serve. There will be an initial meeting on Wed., Jan 14, 7:30 am in the Town Hall.

5. Granite Baptist Church donation - Diane asked for ideas for a specific project using the $937 that was donated to ConComm by the Granite Baptist Church. She suggested using some of it to purchase one of the newer GPS units that are able to receive signals in forests. The total cost, including software would be ~ $280. Audrey made a motion that the Commission use a portion of the Granite Baptist Church's donation to purchase a GPS unit with software. Andy seconded the motion which passed unanimously. Andy Hughes volunteered to look into an appropriate unit. A suggestion for use of some of the remaining funds was to purchase hiker signs from New England Barricade. The Conservation Land Management Committee also will be needing funds for their work on the trails. They will be working on coming up with a small budget for what they will need in 2009.

6. Osgood Pond - Diane told the group that the Budget Committee is discussing the possibility of asking the town to return the ~$80,000 that it has earmarked for the Osgood Pond Dredging Project to the general fund, rather than having the pond dredged. The Army Corps of Engineers has accepted the project, but not yet funded it. The pond was originally an ice pond that was created by damming a brook running through a field. In the past it was a popular recreation spot. Over the years, it has silted in. The group discussed the issue and came to the consensus, that at this time the Conservation Commission supports the dredging of Osgood Pond and wants to find out the time frame of when the project would be initiated. If the BOS decides to place a warrant article on ballot to move a portion of the funds, the Commission could make a recommendation at that time.
   Rita will try to find out the time table for this project. If the start date is several years out, the commission would not object to the BOS asking the voters for some of the dedicated funds to help with any shortfall the town is anticipating this year.

1. Airmar Corporation, M/L 7/31
2. Vallincourt - Emerson Rd, M/L 48/38
3. Draft of the Development Regulations

1. Wallingford Estates Conservation Easement - Diane read the letter that SPNHF had sent in response to concern expressed about Reserved Right 'D' in the conservation easement. (See November 13, 2008 minutes.) Diane had asked SPNHF to change the wording or to explain why the right is reserved. The letter explains why the reserved right will remain in the easement. She has an appointment for January 26 to ask the BOS to vote to accept the easement.

2. Hartshorn Pond Parking - The application for the lot line adjustment for this project was approved at the December 16th Planning Board meeting, pending town vote to discontinue a section of Hartshorn Mill Rd.

Meeting Minutes of February 12, 2009

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

Others Attending:
Kathy Bauer - Board of Selectmen's Rep.
Andy Hughes - Potential new member
Chris Guida - Meridian Land Services
Michael Young - owner of 22/73-1, Adams St.
Abutters to 22/73-1 - Linda Barrow, Linda Kallfez, Charles Kallfez, Kenneth McGettigan, Margaret McGettigan

Excused:
Chris Costantino

1. Chris Guida-Meridian Land Services - M/L 4/32 BAE Systems, off Homestead Circle Standard Dredge and Fill application to replace an existing floating building and walkway with a larger building and walkway. Chris Guida reported that BAE wishes to replace a floating building anchored with guy wires on a quarry with a larger building. There will be no impacts to the shore. An existing walkway may be moved over, but the area is solid rock. It is unclear if a Dredge and Fill permit is even needed. DES is only asking for ConComm's recommendation. Members had no concerns with the project. Rita will notify abutters of the project to see if they have any questions or concerns and will give DES a recommendation immediately following the March meeting.

2. Chris Guida-Meridian Land Services, Michael Young-owner- M/L 22/73-1, Adams St. Standard Dredge and Fill after-the-fact application for a driveway entrance and utility poles with braces. There had historically been 245 SF of impact on the west side of the drive. Meridian was told by Kevin Lynch, the Building Inspector in 2007, that the fill was partially done during road maintenance years ago. In 2007, the applicant built a wall on the fill that was there. The applicant is ultimately responsible to deal with the disturbance and proposes keeping the fill in this location He also is asking to add 15 SF more impact for the three pole braces. An application to retain the 245 SF of fill was denied in Nov. 2008 because additional information that was required was not submitted within DES's statutory timeframe. There is currently an approved application to restore 2,460 SF of wetland that had been cut and stumped.
   Chris gave some background on this project and pointed out that it is a tight lot, but the Planning Board approved its creation and someone now currently owns it. The applicant would like to retain the fill that had been added to the end of the driveway. The area had already been impacted and is now stabilized. It is not known when or by whom the fill was added years ago. He is asking to retain this area in order to make turning into the driveway less tight. Diane asked if the Fire Department has an opinion of the turning radius into the driveway. The applicant also proposes moving an existing utility pole and installing two additional poles to run power to the house, with an estimated impact of 5 SF per pole.
   There was a great deal of discussion about installing culverts under the driveway. Abutters said that their yards are already very wet; some regularly use sump pumps. They are concerned that the driveway will act like a dam in that it is higher than their yards. It will prevent water from flowing west into the wetland. Chris explained that DPW and the Building department will oversee the construction of the driveway. Kathy suggested having engineered plans drawn up showing the locations of the culverts. Chris said that the plans for the driveway would not be engineered but they do not mind showing the locations of the culverts on the plan. The culverts would be placed below grade to allow the flow to remain the way it is. They would not improve the situation there now, but should be adequate so that it does not get wetter. Linda Kallefiz asked what would happen if that did not work and their yards and basements got wetter. It was noted that since gravel was put in for the driveway, there is water pooling in their yards. Rita will communicate these concerns to the Building Inspectors and DPW. Abutters marked the locations of the wet areas on the plan that is now in the ConComm office.
   Now that the lot has been created this project will not need to go before the Planning Board again. The Building department will determine if this is a buildable lot and what can be done on it.
   Ken McGettigan expressed concerns about the utility poles. Chris said that PSNH had estimated 5 SF for each poles, but had not been out to view the property yet. Mr. McGettigan said that he felt there would be more than 5 SF of disturbance because of the support poles. There would also need to be 8 ft. of trees cleared on either side of the poles creating a 16ft. wide swathe along the power lines. The support pole for one of the poles would be located on an abutter's property also. There exists a chance that blasting would need to be done to install the poles, in that there are a lot of rocks and boulders in the area. The Commission agreed that they would like to see the power be run underground when the sewer and water lines are installed. The existing pole that they want to relocate has a street light on it.
   There was some confusion about a letter denying a permit for this property. Rita will call the Wetlands Bureau to clarify what has been applied for, approved and denied.
   Linda Barrow was concerned that more after-the-fact wetland permitting would be required for this project. She also pointed out that the house will require fill and asked what would happen to the water resulting from that. Chris said that there is an 8' slope on the southern side of the house that should take care of the drainage.
   Audrey suggested that the Commission recommend leaving the existing pole where it is, leaving the access impact alone (allowing the fill to remain), running the utilities underground and starting the restoration pre or during construction.
   The Commission members agreed that they would like to see the utilities run under the drive with the water and sewer, an adequate number of drainage culverts be installed under the drive, the fill at the entrance of the drive be retained and the restoration done during or pre-construction. They were not ready to make a motion for a recommendation on this project. Rita will find out what impacts DES has approved and denied and what the time requirements are for restoration. This project will be addressed again at next month's meeting.

1. Trail Expo - May 17 at Hampshire Hills. The expo will be held from noon - 5 PM on Sunday, May 17. Commission members will be needed to help on that day. Diane and Rita had met with EMS, who will participate and possibly do a demonstration. They will not however be able to contribute any money to the event. They would be willing to donate items if a raffle was held. Hampshire Hills is donating the facility, set-up and clean-up and is also sponsoring Fritz Wetherbee. ConComm members discussed possible presenters and participants. Lise will give Rita contact information for someone she knows at the Appalachian Mountain Club. Rita has looked into "Eyes for Owls" which would cost, $395 for a 1¼ hour presentation that includes showing live owls. Andy made a motion that the Commission use a portion of the funds donated by the Granite Baptist Church to pay for the "Eyes on Owls" presentation at the expo. Kim seconded the motion which passed unanimously. She pointed out that "Eyes on Owls" will be good entertainment for the children and Fritz Wetherbee will be good for the adults. Bill Fitzpatrick will do a presentation from National Search and Rescue, entitled, "Lost and Found, Safe and Sound". Donald Sienkiewicz, attorney and trustee for the Souhegan Valley Land Trust, will give a presentation on open space. Audrey mentioned that DES had a great booth at the NH Farm and Forest Expo.

1. NRPC Executive Committee The Town of Milford has three full commissioner positions on the NRPC Executive Committee. Currently Noreen O'Connell (chair of exec committee), Janet Langdell and Bill Parker are Milford's representatives, each serving a four year term. Noreen and Bill are both officially resigning from the committee in the next couple of weeks and as such there will be two openings on the Executive Committee. Sarah, Janet and Bill thought it would be really good to have a Conservation Commission member on the Exec committee to help bring info back and forth to a wider audience, and bring more Milford perspectives to the table. A ZBA member will also be asked to serve. Andy volunteered to serve on the Committee. Rita will give Sarah his contact information.

2. Milford Sidewalk Projects (ORN 07-0171) The South Street Transportation Enhancement project will be reviewed by the State's Natural Resources reviewing group. Heidi Marshall, Milford's engineer with CLD Engineers asked for contacts for the Conservation Commission and SoRLAC. Rita gave her George May's contact information for the SoLAC. Hub volunteered to attend the meetings. Rita will give Heidi his contact information as well.

3. Beaver Problems - Rita received an email from Dave Wheeler about beaver dams in Tucker Brook Town Forest near Mason Road and on Great Brook under the bridge going from Mason road to the large meadow at Bill Burns place. He is concerned that if the dams are not removed Spring high water will wash out the bridge and/or the roads. Members discussed the issue. The dam upstream of the one in Tucker Brook Town Forest is on private property. Rita will contact DPW to see if they are aware of it. The Commission can only deal with dams on Conservation Property. For the time being they would like to leave the dam in Tucker Brook town forest. If DPW feels that the dam will threaten Mason Road, the Commission will either remove it or manage the water level with pipes.

4. Singer Brook Cemetery - Diane explained that this project had been discussed at the ConComm meeting of November 13, 2008. The Commission was in favor of the project as presented, which was to subdivide a small parcel of land abutting the North Yard Cemetery to the north and add it to the cemetery. Since that time it has been determined that the Cemetery Trustees do not want the land. Steve would now like to create a private cemetery to be located there instead. The conservation easement that the Commission holds on this property was given to Attorney Drescher for his opinion. He stated in a memo that a private cemetery is not allowed under the terms of the easement. It is not recommended that the Commission change the terms of the easement. One alternative is for Steve to go to the Attorney General's office to petition to have the easement changed. If this happens, ConComm would have to decide at that time whether or not to support the change in the easement. Kathy pointed out that state statutes (RSA 289) are very strict in dealing with private cemeteries; one law is that Steve would have to obtain a non-profit corp. status before getting planning board approval. A major concern is the caring for it in perpetuity. Additionally, digging for graves cannot begin less than 25 feet from the border of the existing cemetery. Kathy also pointed out that the Cemetery Trustees are a separate elected group, not under the jurisdiction of the BOS. Hence, the BOS would not be able to accept this land if the Cemetery Trustees did not want it.

1. Energy Committee - Audrey and Kim reported that there will be volunteers assigned to different buildings to gather information about the buildings, such as size, windows, energy usage and more.

Meeting Minutes of March 12, 2009

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

1. Chris Guida - Meridian Land Services - M/L 4/32 BAE Systems, off Homestead Circle - Standard Dredge and Fill application to replace an existing floating building and walkway with a larger building and walkway. This project had been addressed at the Feb. meeting, but was presented at this meeting to allow for abutter notification. Rita mentioned that an abutter, a board member of the Methodist Church had stopped in the office, seen the plan and had no concerns with the project. The Conservation Commission members agreed that they had no problems with the project as well. Rita will send a letter to the Wetlands Bureau recommending approval of this application.

2. Earl Sandford - Sandford Engineering - M/L 57-9 Ciardelli Pond Restoration - Standard Dredge and Fill application to replace the dam on the Ciardelli's pond off Mossman Road. Earl explained that the man-made 3 acre pond embankment breached in the catastrophic storm of April 16, 2007 and drained the pond. He was hired by the Ciardelli's to design and permit a repair to restore the pond. He has been working with the DES Bureau of Dams to assure that all safety regulations are met, including the protection of the down stream abutters. The previous dam was unable to handle the water from the storm. For this project an analysis was done for the water flow as far as Rt. 122. The proposed dam received a "Low Hazard A" rating from the Bureau of Dams. The applicants are now doing final engineering to get permission to construct the dam. They also need a dredge and fill permit for the wetland impacts. The original location of the dam was in a sensitive area close to the brook that runs near the pond. They are planning to relocate the dam to where the embankment breached in the storm, where the channel originally was. The new dam will be 10 times the size of the original. There will be a permanent impact of 168 ft. to fill the streambank where the existing spillway is abandoned. There will also be 9485 SF of impact to reconstruct the embankment. The pond will now be 10-12 ft. deep, slightly shallower than the original pond. Vegetation will be planted along the bank, which will be more diverse than what was historically there, per the recommendation of the state. The pond has been used for recreation and can be also used as a fire pond. The Ciardelli's are considering putting in a dry hydrant.
   They are asking for a memo to the DES recommending approval of the project and a memo to the ZBA recommending that the special exception for the wetland impacts be granted. ConComm members had no problems with the project as presented. Hub made a motion to recommend to the Wetlands Bureau and the ZBA that this project be approved. Wayne seconded the motion which passed unanimously.

3. Chris Guida - Meridian Land Services , Michael Young, owner - 22/73-1 Adams St. Further discussion of standard D&F application. This project had been discussed on Feb 12, 2009. Clarification was made as to what impacts were approved and what impacts were denied by the Wetlands Bureau for this property. The request to retain 245 SF of wetland at the end of the driveway that had been filled without a permit was denied because information that was requested was submitted after the deadline. The request in the same application to restore 2,460 SF of wetlands that were cut and stumped without a permit was approved. [The letter from DES granting the permit to restore the property indicates that the restoration must be started before June 1, 2009. The restoration must be completed by October 1, 2009.] The applicant is resubmitting a D&F application to keep the fill at the end of the driveway and to install 3 utility poles. Chris Guida presented photos that showed that saplings would need to be cut, but not stumped to make room for the poles. Diane reminded the group that the Conservation Commission originally recommended that this lot not be allowed. However the lot was created and there is now a different owner than the person who created the lot. Drainage concerns were brought up by the abutters. Rita told them that she had spoken with DPW, who issues the driveway permits. She had also given Bill Ruoff a copy of the plan from the last meeting , on which the abutters labeled wet areas. DPW may or may not require an engineered plan; the Commission hopes that they at least require culverts. Audrey made a motion to recommend to the Wetlands Bureau that the utilities be run underground to avoid installing poles, that the 245 SF of fill at the end of the driveway be allowed to remain and that no further impact to the wetlands be allowed on the site. Lise seconded the motion which passed unanimously.

4. Joe Trudeau - Conservation Ecologist - Preserve Land Works, gave a presentation of the Natural Resources Inventory that he did for Lyndeborough and discussed what he would do for Milford. He mentioned that Milford has a solid conservation plan and that he would base his work on that plan. He would accentuate the plan and fill in gaps. He said that there is value to the GRANIT maps and others, but what is needed is extensive field study on the ground to truly understand what is out there. Public interaction and education would be a component of his work. He quantitates species info and uses qualitative information on habitats to project the presence and amounts of species as well. The finished report would be a dynamic, continually amended document. The data could also be used to add to GIS layers that GRANIT, Fish and Game and others have. He would need at least one year in order to include all the seasons; it took him 15 months to do Lyndeborough. He would a conduct town wide inventory for $15,000 or can do site reviews for individual sites as well. An inventory for a specific site would possibly be required of a developer.

1. Trail Expo - May 17 at Hampshire Hills

2. GPS unit and software - The vote to spend a portion of the Granite Baptist Church's donation was done at the Jan. 8 meeting. At this meeting Andy said that the GPSMAP 60Cx and 60CSx were good choices. Wayne said that he would look into pricing for the unit.

1. Potential new member - Andy Hughes - Wayne moved that the Commission ask the BOS to appoint Andy as an alternate member for a term ending in 2012. Kim seconded the motion which passed unanimously.

2. Members to renew terms - Chris and Lise are scheduled to appear before the BOS on March 23 to be reappointed to the Commission for terms ending in 2012.

3. Land Protection opportunity - NON PUBLIC . Wayne moved to go into Non-Public to discuss and land protection opportunity. Kim seconded the motion. No motions were made or votes taken in the non-public session..

Meeting Minutes of April 9, 2009

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

Others Attending:
Nate Carmen, Kathy Bauer - Selectmen
Mark Martell, Robert Baskerville - Bedford Design Consultants
Ossy Cadran - Osgood Estates

1. Cadran Property Services, 51-3 Mark Martell and Robert Baskerville of Bedford Design Consultants presented a Standard Dredge and Fill application for an open space subdivision off Osgood Rd., consisting of 10 house lots and one open space lot. There is one wetland crossing proposed for the road which will impact 6980 square feet of wetland. Two areas of buffer impact for the road will total 8848 SF. All house lots have been located out of the wetlands and buffers. The applicant proposes 2, 36" culverts under the road to match the existing channel. Road drainage will be treated in detention ponds before releasing to the wetland. Most of the houses will be located close to the road because of steep slopes on the lots. They are required to provide 30% of the total acreage for open space, not including wetlands and steep slopes. This project provides 33%. An Alteration of Terrain permit has been issued for this project which addresses stormwater and erosion control.
   Hub expressed concern about increased water flowing off the site and asked that the lots not be clear-cut. The wetland crossing was also discussed. The applicant was told that the state may or may not ask for an invert below grade or an open bottom box culvert. He said that there is not a defined channel; the D&F application refers to it as an intermittent stream. At this time, they are not proposing either type of culvert, but will do what the state requires. The impact will remain the same. ConComm members preferred that a natural bottom be maintained for the stream.
   Audrey made a motion that the Conservation Commission recommend approval of the dredge and fill application for the road crossing with the recommendation that either an open bottom box culvert or oversized culverts set below grade be used to preserve the natural surface. Wayne seconded the motion which passed unanimously. (Note: Chris was not yet present to participate in this vote.)
   This project was discussed later in the meeting for "Interdepartment Review" regarding open space and drainage issues.
   Open Space calculations - In Nov. 2005, Hub had made a comment on the Interdepartment Review form regarding the inclusion of lots 51-3- 2 and 51-3-3 into the open space calculations if and when a future subdivision takes place. Inclusion of these lots would most likely result in a requirement for more open space acreage and fewer houselot(s). When reviewing the conventional plan used for density determination, Diane questioned whether there was room on lot #1 for a house outside of the setbacks.
   Stormwater concerns - Andy S. expressed concern with the soil numbers on the plans. Andy H. had walked the property and took photos as well. A lot of water drains to the wetlands on this property. Members decided to take a site walk. Although they are not opposed to the wetland crossing for the road, they are concerned about the amount of water out there. They decided to walk on Friday, April 11 at 5:30 PM. Rita will call Bedford Design Consultants to ask them to get permission from the property owners to walk at that time. If she is unable to get in touch with them for Friday, she will try for a Monday site walk.

2. Phil Aubrey, Joanne Aubrey - Zahn property - 2-28-2 - Mr. and Mrs. Aubrey are interested in purchasing this lot and were asking if it could be subdivided. They were shown a recorded plan for the subdivision that created the lot with a note, " The driveway wetland crossing permit is for only one residence and does not allow for the access to be upgraded to a subdivision roadway." They were also told that the DES permit's "Specific Condition #3" has the same wording. They may go to the Planning Department's office to ask about having a shared driveway.

1. GPS Unit - Wayne reported that he has ordered a unit which should be coming within a couple of weeks.

2. Natural Resource Inventory - Joe Trudeau from Preserve Land Works had given a presentation last month about doing a natural resource inventory for Milford. He proposed doing an inventory for the whole town for $15,000 or doing smaller sections of the town. Concomm members discussed the opportunity. The Rotch Town Forest will most likely be timbered in the spring of 2010. Proceeds from timber harvests go into the Forest Fund and could be used for resource inventories. Audrey suggested that the Commission get some quotes to do some of the least developed sections of town first. Parts under pressure for development could be done first. Wayne commented that he thinks it is important to obtain a baseline for he whole town and that such a project would be a good use of money from timbering. The first step would be to gather up information that we already have.

3. Trail Expo -May 17, 12:00 - 5:00PM. Diane reported that we are ready to start publicizing this event. There are quite a few presenters, including Fritz Wetherbee and "Eyes on Owls", which features live owls. Lise, Andy H. and Audrey said that they are available . Wayne is available from 3-5. Andy Seale is not available that day.

1. Election of Officers - Chair, Vice-Chair. Audrey nominated Diane as Chairperson of the Conservation Commission. Wayne seconded the motion which passed unanimously. Audrey nominated Hub as Vice-Chair of the Conservation Commission. Wayne seconded the motion which passed unanimously.

2. Fields at Hitchiner - Diane reported that Paul Amato, who raises elk and abuts the forest has offered to keep the fields open if he can be allowed to hay them in the future. He will come to the Commission before using the fields. A written agreement will be made with him before any work is done, such as fertilizing, but he will brush hog the fields in the meantime for a couple of years to keep them open.

3. Comcast Cares Day - Diane explained that Comcast sponsors a nationwide event where their employees volunteer for community projects. As many as 200 people may be present to work on the Rail-Trail while another group will work on the dugouts at the MCAA fields. The workers at the Rail-Trail will work from ~ 8:00am -12:00 cleaning up and cutting back brush to restore the trail to a width of at least 10 feet. After the trail clean-up and widening is completed, DPW will bring in material to resurface the trail. Either DPW will do the resurfacing or someone can be hired to do the job.

4. NH Walk Week - Buffy McCracken from Recreation approached Rita to see if Conservation would like to work with them to sponsor a walk during NH Walk Week, June 1-7. During that week, communities, organizations, schools and companies offer guided walks to encourage people to get out and walk. Tee shirts, stickers, etc. are provided to the sponsors to hand out to the participants. People fill out registration forms at the event and the distances walked are tallied and turned in at the end of the event. Rita suggested using Hitchiner because of the available parking and the pavilion. Use of the cart road and the Amato's land at the top of the hill, would provide an approximately 1.2-mile trail that is moderately steep in places.
   The group agreed to schedule a walk for that week. Diane, Andy S., Andy H., Wayne and Audrey expressed interest in helping out. They suggested scheduling the walk for Thursday, June 4 at 5:30 and 6:00. The Conservation Commission will have trail maps and volunteers available to fill out forms and lead a hike if need be. They suggested allowing the Rec. Commission to organize the publicity.

5. Town Perambulation - there was some discussion about ConComm's involvement in the BOS' requirement to do this. Diane and others are aware of the locations of some of the boundaries and are willing to help out.

1. Cadran - Osgood Estates, 51-3 (See appointment above)
   
2. Tokyo Joe, 43-73
   
3. Dewey, 30-1
   

Meeting Minutes of May 14, 2009

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

Others Attending:
Boy Scouts and parents: Karen Hutchins, Elliott Hutchins, Robert Parker, Robert Parker II, Mark Hauntsman, Erich Hauntsman, Paula LeCuyer, Andrew LeCuyer

1. Natural Resource Inventory - Members agreed there may be a need for an inventory of some areas in town that may be considered as high priority for protection. They will discuss this when they discuss the Housing Chapter of the Master Plan at a work session.

2. Trail Expo - Sunday, May 17, 12:00 to 5 PM. Members scheduled themselves to be at the Commission's table. The CLMC will have materials to display also. Rita will look into having the sign on the stone bridge announce the expo.

3. Rotch Property - Diane suggested having the Rotch property timbered next spring. If the Commission wants to move forward Rita will contact the forester and have him mark trees and make recommendations as to what would be cut. No one present had a problem with moving forward.

1. Work day for bridge in Emerson Park - Hub reported that the bridge in Emerson Park needs painting and some gravel/stone dust work. The scouts present at this meeting said that they were here to fulfill a requirement for earning a badge. They also said that they are available to do community service. Hub will coordinate working with them on this project.

2. Housing Chapter of the Master Plan - Sarah informed Rita that the Planning Board is working on the Housing Chapter of the Master Plan and have begun discussing densities. They would like to hear ideas from the Conservation Commission on areas that should be protected in the future, areas that have important wildlife and habitats, and areas that might be best for increasing densities. The Commission decided to schedule a work session to discuss this and to also begin review of the Open Space and Wetlands ordinances. Rita will ask to reserve the BOS meeting room for Thursday, May 28th at 7 PM.

3. Non agenda Item: Mark Hauntsman expressed concern with the tree work that PSNH's contractors are doing on scenic roads in town. Hub pointed out that PSNH is aware of the rules, but wonders if their contractors are at all times. Rita will find out where PSNH is planning to do tree work.

Meeting Minutes of June 11, 2009

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

Others Attending:
Kathy Bauer, Nate Carmen -Board of Selectmen
Becky Lorette
Andy Prolman, Prunier & Prolman Law Firm
Dana Farmer -NHATV

Excused:
Wayne Hardy

1. Housing Chapter of the Master Plan-Chris, Kim, Lise and Andy S attended a work session to discuss input from the Conservation Commission for this chapter of the Master Plan. The Master Plan needs to reflect changes that the MCC would like to see in general concepts. Details would be incorporated into the zoning ordinance and need to be thought about also. Diane recommended that ConComm members read the book "Innovative Land Use Planning Techniques", which is on-line at http://des.nh,gov/organization/divisions/water/wmb/repp/innovative land use.htm. Members can share thoughts and suggestions via email to the office They discussed Density Transfer Credits, the Open Space Ordinance and Work force housing.

1. Fantasy Furniture Workshop -suggestions for use in Emerson Park -Chris had spoken with a business owner who wanted to work with a non·-profit on a project She owns 'Fantasy Furniture' She would like to plan an event where children would be allowed to collect leaves and sticks in the woods and create furniture and other crafts Members suggested that the business owner combine this with other events, such as the kick-off for the Farmer's Market, Boys and Girls Club activities, 4th of July activities, the kick-off for the Library's summer reading program Contacting the Recreation Department was also suggested Members agreed Emerson Park would be a good location for something like this.

2. Request for Kiosk at Mile Slip - Dana Farmer of the NHATV Club said that the ATV Club was unable to obtain enough local support for the project in Milford They had built a number of bridges and two kiosks, some with grant $, some with NH ATV money He asked permission to remove the kiosk that is currently in what had been planned as the ATV users' parking lot (the one south of the main parking lot). Diane gave him permission to remove the kiosk that is in that parking lot and any signs of theirs that remain on the trails She explained that the original agreement had been that the ATV club would construct two kiosks, one for themselves and one for the MCC The kiosk that they had constructed that is now in the main parking lot had been constructed by them for the MCC Chris said that she was sorry it (ATV use at Mile Slip) did not work, that we had tried

3. Formal complaint regarding Mile Slip -A resident has complained that someone has moved the boulders allowing teenagers to come back to the area and start bonfires, etc Diane said that the CLMC will address the issue.

4. Trail Expo follow up and suggestions: Rita has been compiling suggestions of changes and recommendations for the next trail expo, which would be held either next year or the year after. Members were asked to submit anything they think of to her. Overall, vendors were happy with the way the expo turned out.

5. Vote to accept donation from Toadstool Bookstore -For the Trail Expo, the Commission had asked for a donation of 10% of net earnings from any retailer who chose to sell merchandise at the event Toadstool, the only retailer who sold merchandise, has submitted a check for$10000 The intent is to use it to reimburse Rick Holder, who donated use of his facility and staff for the expo, for a portion of his cost of sponsoring Fritz Wetherbee at the event Chris made a motion to accept the donation Kim seconded the motion which passed unanimously.

  Meeting Minutes of July 9, 2009

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

Others Attending:
Deborah Brewster - TF Moran
Albert Williams - Wilton Lyndeborough Winter Wanderers Snowmobile Club
Becky Lorette - Prospective New Member
Excused:
Kim Rimalover

1. Mile Slip Town Forest - Illegal Use of Trails by Motor Vehicles. There have been reports of people driving vehicles on trails (not the Class VI Mile Slip Rd.) and having bonfires in the forest. Boulders that had been placed next to the Class VI road to block access to the trails had been moved, with the Commission's permission, by the snowmobile club to allow them to do trail work. The issue will be addressed by the CLMC. Placement of gates and/or boulders that would block wheeled vehicles, but allow hikers, skiers, snowmobiles and horses will be discussed. The Mason Conservation Commission has also said that they will place boulders in Mason blocking the road (trail) that runs from the parking lot on Mile Slip Rd. north into Mason, because of vehicles illegally using the trail. They have been in contact with the snowmobile club about using the trails.

1. Falcon Ridge Conservation Land - the Conservation Commission has been asked to support the request to grant a small easement in the Falcon Ridge Conservation Land for the placement of a subdivision sign. No plan has been submitted. Members will make a decision at the next meeting after more specific information is available regarding the location, size, whether or not the sign will be lit, etc. There was also discussion about the location of the open space, the house lots and the existing trails there. Both the Conservation Commission and the snowmobile club are interested in discussing the trails. There is one lot in the northern section of the development that is of particular concern.

2. Osgood Estates - This project was discussed at the April 9, 2009 meeting. Commission members held a site walk on April 11. They had supported the waiver for the longer road, in that it allowed the house lots to be located entirely out of wetlands and their buffers. At this meeting the members were asked if the Commission would be interested in owning the open space. They discussed the issue at length. They agreed that there needs to be permanent protection for the open space. The board took an informal vote and decided that they would prefer to be granted a conservation easement on the property rather than owning it.

3. Rail-Trail - DOT TE Grant Application - Chris told the group that the Tracy Bardsley of DO-IT is writing applications for two grants for improvements to the rail-trail. One is a $10,000 grant funded by an organization called, "Bikes Belong". The other is for federal funding that is dispensed by the state. They will be asking for $300,000 for this grant. The projects cited in the applications would be to extend the trail from DPW to the Oval, to resurface the trail and to open up the tunnel under Melendy Road. Bill Ruoff had supplied numbers for the resurfacing project (estimated to be ~$55,000). Meridian had submitted a quote previously for the tunnel project for between $170,000 and $300,000, depending on what would need to be done to the road after the tunnel was opened up. Chris pointed out that climbing over the guardrail on Melendy Rd. is an issue. She also said that Keyes Field and the Gregg Bridge are considered valued resources for the town under the same federal program.

4. Conservation Commission Web site - membership information. Diane explained that she is revamping the Commission's Web site. One of the things that will be added is a page that contains information about the Commission members. Rita created a page with a list that includes, the name, Chair, Vice-Chair, Full member or Alternate member and when the term ends. She also included a banner with some candid photos of some of the members. She would like to create one that includes all the members. The group discussed whether or not to include biographical information for each member. Audrey suggested that Rita create a paragraph with general information about the board. It could include information about the workshops that the members attend, their interests, careers, etc. Members agreed to send Rita suggestions and information to include in the paragraph within two weeks. Candid photos of board members, if available, should be sent as well, so that Rita can include it in the banner.

1. Presentations to the BOS about Dams - Diane briefed members on two presentations. One was given on June 29 at the public forum section of the BOS meeting, by a number of representatives from the NH Bureau of Dams. The presentation covered advantages, cost, process, available help etc., in removing the McLane and Goldman Dams. The second presentation was given by a consultant on July 6 at the BOS meeting. It was an analysis of the potential of using the McLane Dam for hydroelectric power.

2. Nashua Regional Planning Commission (NRPC) - Andy Seale, a member of the NRPC, reported that the NRPC receives ~90% of its funding from the state and ~10% of its funding through the fees that the towns in the region pay. Milford currently pays $15,000 per year and is able to receive many services from the Commission, such as GIS and GPS work and more. He said that he will create a list of what the NRPC can do for the town. Diane suggested that Andy ask the NRPC to help the town identify areas appropriate for increased density.

3. Housing Chapter of Master Plan - Diane reported that the Commission was asked by the Planning Board to give input on areas in town that would be suitable for protection. She, Chris and Rita drafted a list of suggestions for the Chapter. They suggested that the town do a Natural Resource Inventory to help identify areas that should be protected. Steve Couture from NHDES, recommended to Diane that a Geomorphologic Assessment of the Souhegan River be done to help determine areas that should be allowed to be used for flood protection, etc. Steve had also suggested doing the same for the 4 major brooks close to the center of town. The input given to the planning board also suggested looking at and learning about zoning options that could be used to allow increased density in one area and compensate with decreased density in others, without adversely affecting landowners. Density transfer credits, transfer of development rights and changes to the open space ordinance are some examples. The planning board has also asked the Commission to look at the open space ordinance to tweak some areas that are not working well at this time.

Meeting Minutes of August 13, 2009

Present:
Diane Fitzpatrick - Chair
Lise Bigl, Wayne Hardy, Andy Seale - Full Members
Chris Costantino, Andy Hughes - Alternates

Others Attending:
Kathy Bauer- Selectmen's Rep
Becky Lorette - Prospective New Member

• July 9, 2009 minutes were approved on a motion by Andy S, seconded by Lise with the following change - Becky Lorette attended the meeting.
• July 9, 2009 non-public meeting was approved on a motion by Lise, seconded by Andy S

Minimum Impact Expedited Application for BAE Systems, Map/Lot 4/32:
Chris Ford attended for BAE Systems. He presented 5 copies of the project for approval and signature. This project is a reapplication of a project presented a bit more than 5 years ago. The application permit lapsed, so they are back to reapply.
The project will replace the culvert on the entranceway from Homestead Ave. with 2 culverts.
Signs were placed to request no dumping of lawn clippings and snow; which was requested by the commission 5 years ago at the previous application hearing. There is dumping taking place.
There is 100' of disturbance
The commission wants Rita to check to see if the abutter/landowner of the ROW approves this project. The commission is uncertain whether or not BAE must have the abutter/landowner approval to move forward.
The project was approved on a motion by Andy S, seconded by Wayne

Hartshorn Pond Pond Mapping Project
A local 4-H group led by Cara Barlow would like to map Hartshorn Pond. She asked for permission to do this. Rita will notify her of the owners of the pond front in addition to the town.
Dawn Griska, BOS Executive Assistant, requested that Cara Barlow submit a copy of the club's insurance policy to her
The commission would like a copy of the report when the group has completed the project

Falcon Ridge Subdivision:  Chris reported about the impact of the subdivision on an existing and frequently used snowmobile trail. It serves as a reminder of why the commission would like a "current conditions" survey of the property before subdivision engineering designs are completed, so that trail systems can be protected.

Rotch Timber Harvest:  It is unknown if Rita contacted the forester in response to his request to move forward on the bid process; so this was tabled until the next meeting.

Housing Chapter of the Town Master Plan
Drafted by the Planning Board and sent out for review
Kathy was interested to hear a discussion of the proposed chapter among the concomm members, who approved of the draft.

New Member Approval:  Becky has attended 3 commission meetings and is interested in becoming a member of the commission. It was approved, unanimously, on a motion by Chris, seconded by Lise/Wayne.

Beaver Dam at Tucker BrookTF and Mason Road:   The road is not being impacted by the beaver dam on town forest land. DPW is not concerned, so the commission is content to leave things as they are.
RailTrail TE Grant: The commission and DO-IT are cooperating on a grant application for a Federal Transportation Enhancement grant. This led to some discussion about the trail improvement needs, in particular at the Armory Road crossing. Becky suggested a mirror be placed appropriately so that trail users could see oncoming traffic. Also, she suggested brush clearing at the crossing to help make things a bit safer.

Meeting Minutes of September 10, 2009

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

Others Attending:
Kathy Bauer - Board of Selectman
Harold Johnson, Alysha Johnson - owners of 42-47-1 Osgood Rd.

7:15 Harold Johnson - M/L 42-47-1, Osgood Rd. - request for a special exception to construct a house partially in a wetland buffer. Harold Johnson and his daughter, Alysha, were present to request ConComm support for their appointment with the ZBA on September 17. They want to construct a new modular home behind an existing trailer home on Osgood Rd. When the new home is completed the existing one will be removed. The existing house currently encroaches on 390 SF of buffer; the proposed house will encroach on 320 SF , resulting in a net decrease in buffer encroachment by 70 SF. There is a shed in the buffer that will also be removed. The Johnsons said that they will be constructing a new septic system, which will not be located in the buffer area. They are not planning to remove any trees in the buffer and they are aware that they can remove trees, but must leave the stumps and roots in place. They also need to complete a notification to DES in that the project is within 250ft of Osgood Pond which is in the Protected Shoreland Area. Diane mentioned that they should tell the state that there is a road between the project area and the pond. Lise asked what would happen to the buffer area when the house is removed. They said it would be natural, possibly landscaped with flowers.
The group agreed that they did not have any issues with this project. The impact to the buffer will be decreased, trees will not be removed and a new septic will most likely be an improvement. Rita will write a memo to the ZBA informing them that the Commission has no concerns with this project.

Rotch Timber Harvest - Diane told the group that the bids from contractors and mills for the timber on the Rotch property were due today at 5:00. The forester will give the Commission a recommendation as to whether or not to accept the highest bid. Because the Rotch TF has a lot of dry terrain, it can be timbered during wet seasons, which is advantageous in terms of marketability. The timber is also valuable because the forester had historically limbed the trees. The forest is due for a timber harvest because the density has slowed down the growth of the trees. Members decided to do a site walk on Thursday, September 17 at 6 PM. They will meet at the south end of the forest on Ruonala Rd., which is where the access and staging area and access will be.

1. Dam Removal - Feasibility Study - The members were informed that Guy has applied for a grant to fund a feasibility study to look at the potential removal of the McLane and Goldman Dams. He expects the project to cost ~$100,000; 50k from a grant(s), and 50k from a match. He had gotten the support of the Commission for the study and is also looking for sources of funds for the match. There are ~$3,000 remaining in the Nees Bequest that was left to the town, "for the betterment of the people of Milford." ConComm members agreed that this would be a good use of the remainder of the that fund. They also discussed using $1,000 of the carried forward portion of the Accumulative Fund. Andy Seale made a motion that the Commission donate up to $4,000 toward the match if it is needed. Audrey seconded the motion which passed unanimously. Audrey works at Normandeau Environmental Consultants which has been involved in a number of dam removal projects. She said that she will look into whether or not they could offer a service and/or whether or not they had done something that could be applied toward the match.

2. Trail Easement - Patch Hill section of Mayflower Hill Town Forest to Amherst. Diane told the group that Steve Desmarais, owner of lot 9-2, has agreed to grant the town a trail easement through his lot to access protected land in Amherst from the Patch Hill section of Mayflower Hill Town Forest. He does not want an encumbrance on the top of Patch Hill , but is willing to donate a 100 ft wide trail easement along the western boundary of his property. This easement is very helpful in that the Quarry Condo license, which has not been completed yet is revocable.

3. Milford High School - Alison Forbes, an environmental science teacher at the Milford High School had asked Rita about the possibility of her class doing a project. She is looking for volunteer or educational opportunities for her students. Rita suggested either a natural resource inventory somewhere in town or an inventory of where and what type of invasive plant species are in town. Bill Ruoff had attended a workshop about the subject. Developers and others doing site work or road work are sometimes unknowingly spreading invasives around. If they know that invasives are in a certain area, they can take measures to prevent spreading them, such as rinsing off their equipment. Ms. Barlow said that she will get back to Rita if the students have an interest and if she can integrate some field work into the curriculum. Doing an NRI for the fen at Brox was suggested.
   Diane suggested that if someone knows of something that needs to be done, they should email the office and Rita can keep a running list. Hub mentioned that the bridge at Emerson Park needs painting.

4. Mapping project at Hartshorn Pond - Cara Barlow has obtained permission for her students to do a 4-H mapping project at Hartshorn Pond. They are all 10-14 years old. She has asked if someone would be interested in speaking to her students about the wildlife there and/or the Wooly Adelgid infestation that is being treated by NH Fish and Game. Andy Seale offered to speak about the waterfowl and fish that are present there. Rita will give Cara Andy's email address.

5. Kaley Park opening event - October 3, 3-6 PM. George May will conduct a guided river walk. ConComm can have a table or part of a table for trail maps and brochures. Diane said that she has put it on her calendar.

6. Pumpkin Festival - The Commission will have a table at the Festival for trail maps, etc. Members are asked to be at the table or to at least periodically check on it. Donations for trail improvements would also be accepted at the Festival, but the table would have to be manned if any cash is present. Rita will send out an email with the Pumpkin Festival hours and people can let her know if and when they can be at the table.

7. Ghost Train Rail Trail Race - Chris told the group that Steve Latour from Nashua is organizing a 15 mile race on the Rail Trail, starting and ending at Lake Potanipo in Brookline, with the turnaround at DPW in Milford. The race will be held on Oct. 25, from 9 am until ~noon. Volunteers are needed to be at the road crossings in Milford and to man the food table at DPW. Money generated by the race will be divided up between Brookline and Milford CC's. Please let Chris know if you are available to help out.

1. Rail Trail - DOT TE Grant application - Chris reported that she will be submitting an application for this grant on Monday, September 14. Even if the funds are not awarded, the project is high on everyone's radar and the work will somehow get done. She is also looking into having UNH students design the tunnel under Melendy Rd. as a senior project. The design services could go toward a match for the grant.

2. Economic Development Advisory Committee - Chris reported that this committee has become an official advisory council to the BOS. She is glad to continue to represent the commission and was selected for a 3 year term. She asked if there was anyone else who wanted to do this. Members were happy to have Chris continue to serve on the committee. Chris had previously reported that the Econ Develop Action Council has selected 3 subcommittees - website improvement, policy and procedure improvement and land use planning. The concomm is on the land use subcommittee.

3. Eagle Scout Project - Joseph Parker from Merrimack will be building a bridge at Hitchiner Town Forest. Rita will contact him regarding a time to meet Chris and take a look at the bridge that needs to be replaced.

4. Rail-Trail - Boy Scout volunteer project - September 26 at the Johnson Easement to Melendy Rd. section of the rail-trail. Scouts will be clearing the trees that are encroaching the trail in that area. Rita will ask Ed Mack if they can park at his place for the project.

5. Patch Hill Trail system - Quarry Condo Trail Easement. Diane reported that although the Condo Association was happy with the idea, she still has not received a signed trail license.

6. Hartshorn Pond Parking - The Lion's Club has loamed and seeded the property and will continue to plant and maintain it. The landscaping will be an ongoing project.

Meeting Minutes of October 8, 2009

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice Chairman
Lise Bigl, Audrey Fraizer, Wayne Hardy, Kim Rimalover, Andy Seale - Members
Chris Costantino, Becky Lorette - Alternate Members
Fred Elkind - Conservation Coordinator

Excused:
Rodney Dellafelice
Andy Hughes

Rotch Timber Harvest - Diane updated the Commission on the status of the project. The contract was executed. Diane and Fred visited the site today and noted that work was underway in the preparation of the landing area and some of the logging roads. The bulk of the cutting will begin early next week. Only one or two loads is expected to be removed per week. The Town has received the initial 10% payment as well as the balance that was due on or before the beginning of work.
Patch Hill Trail Easement - Diane brought the members up to date on the status of the discussions. The town attorney suggested that a lot line adjustment may be more appropriate than an easement on the Desmarais property. Attorney Drescher's opinion is that a survey is needed for a survey or a lot line adjustment. The members discussed options and costs and the suggestion was to inquire if the owner would be willing to pay for part of the survey costs.

NHACC Annual Meeting - The NHACC Annual Meeting is scheduled for Saturday, November 7, 2009 in Concord. Diane suggested that new members and those interested in any of the topics consider attending at MCC's expense. She suggested carpooling. Wayne, Becky, Audrey and Diane expressed interest in attending. Chris requested that Fred send a link to the agenda to all members.
Repository of Draft Minutes - Diane explained that the draft minutes must be available for public access within 144 hours of the meeting. This has been accomplished by keeping copies in the office. However, they could be placed online. Discussion ensued regarding the proper location. The consensus was that the draft minutes need not be placed online as long as they are otherwise available for the public.
Liberty Tree - The placement of the disease resistant elm tree, with a plaque, as a liberty monument was discussed. The tree would be donated to the town but location, planting, and dedication would be a town responsibility. Potential locations were discussed. There is an Eagle Scout who is interested in heading-up this activity. The Commission agreed to lend support as appropriate, but leave the project in the hand's of the scout and others.

Kent's Towing - A minor site plan application was received by the Planning Department dealing with parking in the bowling alley parking lot. It was determined that there was no interest on the part of the MCC.

Rotch Timber Harvest - Diane updated the Commission on the status of the project. The contract was executed. Diane and Fred visited the site today and noted that work was underway in the preparation of the landing area and some of the logging roads. The bulk of the cutting will begin early next week. Only one or two loads is expected to be removed per week. The Town has received the initial 10% payment as well as the balance that was due on or before the beginning of work..
Patch Hill Trail Easement - Diane brought the members up to date on the status of the discussions. The town attorney suggested that a lot line adjustment may be more appropriate than an easement on the Desmarais property. This will require a survey. The members discussed options and costs and the suggestion was to inquire if the owner would be willing to pay for part of the survey costs.
Ghost Train Rail-Trail Race - Chris updated the commission regarding the October 25, 2009 race. Approval from the Board of Selectmen is required to allow crossing town roads. Additional volunteers are needed to man the crossings. Wayne and Becky volunteered. To date, 5 runners have signed-up, many more are expected.
Hartshorn Pond Mapping - Diane announced that Andy Seale had addressed the 4-H kids and had received a thank you card from them. The mapping has been completed and Cara Barlow is going to prepare a graphic and present it at a future Conservation Commission meeting.
Hitchner Town Forest Bridge - Chris updated the Commission on the status of the bridge replacement. There was an Eagle Scout who was considering the project but has not elected to do it yet. He has other projects under consideration as well. The scoutmaster suggested that another scout may very likely elect to follow through on the project. However, that would not be until next year.
NRPCC Update - Andy Seale reported on the status of the commuter rail line. One of the rail owners, PanAm, has decided not to continue discussions with the state. Accordingly, the pursuit of federal funds has ceased and the project is likely dead. There is still a possibility for a Nashua - Boston commuter line, but Andy feels that the chances for funding for this is very slim.
CLMC - Diane advised that there is no report from the CLMC at this time. Wood available from Steve Desmarais is being stored near the shed on her property. Additionally, the town will allow the use of chainsaws as long as the user has provided the town with a copy of insurance that protects against mishaps. Chris indicated that the DPW will have chainsaw classes in the future. Diane also informed the Commission that a very capable weedwacker has been purchased.
Hawtshorn Pond - Diane reported that grass is growing but more work is anticipated. This will be an ongoing project by the Lion's Club.
Planning Board and Possible Rules Changes - Diane reminded the Commission that the planning board wants input form the Commission regarding possible future rules changes. Such items as: open space, wetlands, and innovative land planning are possible considerations. Diane made 3 copies of "Innovative Land Use Planning Techniques" available. These were borrowed by Wayne, Andy Seale, and Hub.
Economic Development Action Council - Chris informed the Commission that the Council was interested in improving the appearance of access to the town. The commissioners discussed improvements to Elm Street ranging from plantings, sidewalks, and rezoning to clean up the haphazard appearance of businesses. Chris would like thoughts and comments emailed to her.

Meeting Minutes of November 12, 2009

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice Chairman
Audrey Fraizer, Wayne Hardy, Kim Rimalover - Members
Andy Hughes, Rodney DellaFelice, Becky Lorette - Alternate Members
Fred Elkind - Conservation Coordinator

Excused:
Chris Costantino, Andy Seale, Lise Bigl


Others attending:
Robert Lubitz and Ellen Lubitz - 50 Ruonala Rd.
Ernest Warnke - 91 Ruonala Rd.

Rotch Timber Harvest - Diane provided and update as to the status of the project. Discussion ensued. There is only one logger working the project. It was not clear when the work would be completed but the logger has up to 2 years. However, the forester has already paid the town for the trees and it is to his and the logger's advantage to complete the project as soon as possible. As part of the project, the forester has laid out and the logger has constructed a yarding area with access from Ruonala Rd. The first 50' or so of the access is filled to allow truck access and is topped with crushed stone to provide a clean surface for the trucks to enter and leave the site. The yarding area is to be converted to a parking area for 4 or 5 cars at the completion of the project.
Robert and Ellen Lubitz and Ernest Warnke, who live near the project on Ruonala Rd., offered comments. Mr. Lubitz indicated he had been following the project through minutes and information provided by the Conservation Commission and was concerned that the yarding or staging area was significantly larger than was suggested by the 4 to 5 car parking area. He provided a sketch of the "clear-cut" area as approximately 0.61 acres which he believes can accommodate many more than the suggested number of cars.
Diane explained that the staging area is designed to allow storage of the cut logs, access by trucks, and turning of equipment. By necessity, it is much larger than the area required for parking. Diane provided a copy of the Rotch Forest Management Plan to Mr. Lubitz for his review. He will return it after he has read it.
Mr. Lubitz requested that the number of cars that can park be limited to no more than 4. He also requested signage to limit parking to daytime.
Mr. Warnke asked if access was available from Route 13. Diane and the members explained that the Route 13 access was not currently possible because of the extent of the wetland and ponded area. At one time access may have been possible, but that was prior to the subdivision of the land. The abutting church includes the dry Route 13 land.
Mrs. Lubitz requested that the number of parking spaces be limited to 2 or 3 and reminded the Commission that foot access was available from Melendy Rd.
Mr. Lubitz requested that the commissioners visit the site from time to time. There was general agreement to do this.
Discussion followed regarding the habitat values being added by the forestry work being conducted.
Patch Hill Trail Easement - Diane reminded the Commission that a survey had been requested by Attorney Drescher to legally define the easement. Diane and Fred had met with Ray Shea of Sandford Survey who had performed the survey for Steve Desmarais. A proposal had been provided to the Commission for the survey and preparation of a plan for $1650.00. However, this assumes that the survey field crew can relocate some of their points.
Hub made a motion to spend an amount not to exceed $2000.00 for the survey. Kim seconded the motion. The vote was unanimous to approve the expenditure of not to exceed $2000.00 for the survey related to the required easement.
Mapping project at Hartshorn Pond - (Remains on Hold).

Timing of MCC Draft Minutes - The Commission discussed the best time for receiving draft minutes. They could be provided when drafted (usually by the Wednesdays following the meetings) or along with the agenda for the next meeting. The consensus was that the Commission wanted the draft minutes on both occasions.
Wetlands Ordinance Revisions - Diane explained that a review of the wetlands ordinance (Wetland Conservation District (2003) - Article 6.02.0 and following) was being considered to clarify the regulations. Many items are not in the most logical order, some items (Shoreland Protection, as an example) did not have to be in the ordinance since the town doesn't enforce them, and the 3000 square foot exemption for work in the wetland and buffer allowed possibly significant projects to be exempt from local approval. Additionally, some language that is not consistent with Wetlands Bureau's rules needs to be corrected. Diane had provided a revised draft to the Commission. She had provided a preliminary copy to the Planning Department for transmittal to the Planning Board to alert them of some of the changes and to start the required review and hearing processes in anticipation of Town Meeting.
Hub suggested that a larger buffer was required around vernal pools. The consensus was that a 50' buffer should be recommended as part of the revisions. Additionally a definition of vernal pool is needed in the ordinance.
Rodney questioned the rationale behind exempting silvicultural and agricultural practices from items needing approval in the buffer and what constitutes "good" practices. Inclusion of references to BMP's may be indicated.
Hub suggested eliminating "turf" management in the buffer.
Diane advised that allowed activities would include elimination of "invasives" by accepted practices. This is in anticipation of State rules that should be forthcoming.
Open Space and Conservation District Ordinance - revisions will also be needed. However, this will be a more lengthy procedure that may occupy part of the Commission's time over the next year.
Hub reminded the Commission there is an issue with zoning language that allows "picture frame" open space to eliminate the open space intent when two inconsistent zones are adjacent.
Natural Resource Assessment - Preserve Land Works (Joseph Trudeau) has provided a preliminary proposal for assessment work. Diane clarified that the Town has a great deal of information and capabilities in house. We have software to prepare extensive maps. We need field work to extend and verify information. Perhaps what we need at this point is assistance with the field work.
Working committee efforts may be required during January and February.
Habitat Priority Planner Workshop - Diane explained that it is fortuitous that a $150.00 workshop is being held on December 3, 2009 for training on how to prepare the maps that are associated with item 4. above. She has an interest in learning this and, perhaps, we can do much of the work in-house. Andy moved and Audrey seconded the expenditure of $150.00 for Diane to attend the workshop. The vote was unanimous.

2 projects were reviewed. No comments were provided from the MCC.

Hartshorn Pond - Fire Hydrant and Possible Donation.
Conservation Land Management Committee - The CLMC did not meet this month.
NHACC Attendee Reports - Becky reported that she found the majority of sessions to be extremely worthwhile. She suggested that it was difficult to fit in all of the sessions she felt were important. She intends to attend next year as well.
Diane highlighted the information she received regarding invasive species. She has made some follow-up contacts to obtain technical assistance, training, and grants - if available. Rod questioned if the invasive survey (as requested by the DPW Director) would be done in-house. Diane suggested that is the intent.
Donations Received - Diane advised of the donations that had been received and that these would benefit the Town Forest Funds. The donations received were: $149.00 from Pumpkin Festival donation bucket on MCC table, $960.00 from Comcast (left over from their budget for Comcast Day (April 25, 2009), $991.43 from Granite Baptist Church (selling pulled pork sandwiches at the Pumpkin Festival).
Ghost Train Rail Trail Race - 30 runners participated. A donation, from entrance fee minus expenses, was made to the commission of $237.50. Winners received an engraved rail spike.
Audrey reported on the race and indicated that there were some problems with injuries and the crossing of Union St. The guardrail problem needs to be corrected. Diane indicated that this is in the works
High Mowing School Volunteers - Diane and Brian Hawkins (CLMC) will meet with students to explore interests. Some students may be looking for a community service type project.
Liberty Tree - The Lion's Club is investigating the possibility of placing the elm tree at Hartshorn Pond.

Meeting Minutes of December 10, 2009

Present:
Diane Fitzpatrick - Chairperson
Hub Seward - Vice Chairman
Audrey Fraizer, Wayne Hardy, Kim Rimalover, Lise Big - Members
Andy Hughes, Becky Lorette, Chris Costantino - Alternate Members
Fred Elkind - Conservation Coordinator

Excused:
Hub Seward, Andy Seale, Rodney DellaFelice

Rotch Timber Harvest - Diane noted that several of the Commission members visited the site following the last meeting.
Andy Hughes stated that he observed the site and found the open area to be consistent with the typical need for stacking logs and truck access. He also noted that there was a considerable amount of rutting that would need to be regraded to allow effective use of the future trails.
Audrey had inspected the site and added that she believed the site looked to be neat for that type of operation and she couldn't imagine that the operation could be conducted with less open area.
Kim also visited the site and suggested that it was just as she would have expected. Wayne Hardy had inspected the site as well and concurred with the opinions of the others.
Diane added that the open area will be maintained as a parking area, but only to the extent necessary. Most of the area would be allowed to grow back naturally. Logs that are not taken by the logger will probably be used to define the area of access and parking.
Mr. Lubitz thanked the Commission members for inspecting the site. He explained that his surprise at the extent of the clearing was, in part, a result of the notice he had received from the Commission prior to the start of the project. The notice did not prepare him for what was the eventual extent of the project. He also questioned the status of the "no parking at night" signage he had suggested. Diane explained that the Commission had considered the additional signage but decided it was not necessary.

Patch Hill Trail Easement - Diane summarized the status of the easement efforts. Sandford Surveying and Engineering has prepared a mylar (prints were shared with the Commission) and set the necessary pins. The invoice came to approximately $752.00. A meeting will be held with Attorney Drescher next week to develop the easement document for filing.

Mapping project Kathy Bauer observed that the parking appears to be more limited than it had been prior to the improvements. Discussion ensued and Diane explained that there will be parking for seven cars plus some potential for overflow parking. Kathy underscored that the Pond is a widely used resource by the public and parking is essential.

4. Wetlands Ordinance
- Diane summarized some of the major changes of the ordinance as proposed. Perhaps the most significant change is the concept of "Conditional Use permits". This type of permit, as allowed by the RSA's and recommended in the " Innovative Land Use Techniques" document, allows the Town to delegate the permitting authority to any appropriate entity. In the case of wetlands and buffers, the authority could be vested in the Conservation Commission. The process requires that an application for covered activities be presented to the Planning Board whose comments must be considered by the Conservation Commission. The Zoning Board would only need to hear cases of requested variances brought about by the desire of an applicant to have a use that is otherwise prohibited in the Wetlands Conservation District.
Diane also noted that an earlier draft proposed to change the manner in which streams were selected to have a 50 foot buffer. However, the complexity of this for a minimal actual change from the existing is such that it is probably best to leave this for a separate effort at a later date.
Other significant additions are the definition of "vernal pool" and proposed buffer.
Discussion by the members highlighted that for fairness to the applicants, a specific set of procedures to be followed by the Commission in considering applications is required. It was agreed this "standard operating procedure" would be established once the revision to the ordinance is approved.
The question was raised as to what the appeal process would be. It was explained that the appeal is to Superior Court.

5. Open Space
- (See 6. NRI Update)

6. NRI Update
- Diane suggested the need for a work session to further the work on this item and the Open Space Ordinance. The Commission agreed to a work session to be held on January 21, 2010 at 7:00 PM in the Community Development conference room.

Rural Commercial ZoneRural Commercial Zone - Chris discussed the history of the development of the Economic Development Council and its Land Use Committee upon which she serves. The Council was directed by the Board of Selectmen to establish means by which economic development might be encouraged. The Land Use Committee considered several areas in Town. The Route 13S area is being studied by Keene State College students. The Elm Street corridor was too large an undertaking for the Committee at this point. The focus has been directed to a triangular area defined in part by Route 13N and North River Rd. The area is considered a mixed use residential/commercial area. The land owners of the potentially commercial properties are interested in simplifying the development process by zoning revisions. With a consensus that the area should remain rural in nature, many on the Committee supported the formation of a Rural Commercial Zone. A work session with the Planning Board, which was open to the public, raised many questions about the proposal. Concerns included the possibility of the area becoming too commercialized despite the efforts of the ordinance to assure that this would not happen. Also, the residential abutters were concerned with the development and property values. Due to the complexity of the issue and the questions raised, it appeared that the Planning Board was not at a point of comfortably recommending the zoning change at this time.
Kathy Bauer presented a map indicating the current land use of the area and expressed her viewpoint. She disagrees that the area is mixed use. About 70% of the existing use is residential. She believes that the area should remain primarily residential. The existing, non-conforming, commercial uses have not, in the past, been denied the right to effectively use their property. Also, commercial development potential may discourage future residential use.

Rail Trail Warrant Article - Chris discussed the purpose of the warrant article and indicated that she had presented the draft (copies were available to the Commission and had been emailed earlier). Fred indicated that, based upon discussions he had, the draft appeared to be in proper order and that it was progressing through the process. Chris inquired as to whether a vote of the Conservation Commission was needed. Diane clarified that the Commission had already supported the effort in an earlier vote.

Three projects were reviewed. The members had been provided with plan packages electronically and comments had been provide by some. On behalf of the Conservation Commission, Fred had met with Sarah Marchant, Planning and GIS Director, and raised concerns relative to drainage and other issues. No direct impacts to wetlands were proposed, but site drainage in all three cases could adversely impact water quality.

Habitat Priority Planner Workshop - Diane attended the workshop on December 3rd. She was very pleased at the quality of the workshop and received a software package that is compatible with the town's ArcView program. Sarah M. has already downloaded the package. This allows us to prepare high-quality analytical maps based upon natural resource values. The maps are important for planning, analysis, and presentation purposes.
NH Watershed Conference - Diane, Chris, and Fred attended the conference which was held on November 20. The conference was broken into several tracks. Chris and Diane primarily attended the land use presentations. Fred attended the stormwater track sessions.
Fred noted that the stormwater presentations fell primarily into 2 areas. The first dealt with best management practices and some of the work that UNH was doing to assess their effectiveness. A presentation regarding the current state of permeable pavement indicated that permeable pavement can effectively be used in our climate and infiltration of stormwater can significantly reduce the pollution loading from stormwater runoff. The second area dealt with water quality issues and, especially, the pending implementation of the "anti-degradation" requirements of state and federal water quality laws. Considerations have moved beyond the automatic acceptance of BMP's to the need, in some cases, for more detailed water quality based controls where necessary to meet water quality standards.
Diane expressed that she believed there was a great deal of value in the information presented on land use. She especially appreciated the keynote speaker and her presentation on translating technical information to management and policy based upon the needs and interests of the target audience.
Chris also felt the conference was valuable. However, much of the land use track was based upon the "Innovative Land Use Planning Techniques" publication that the Commission is familiar with and is already using in its program development.

Invasive Species Mapping - Andy Hughes summarized the status of the mapping project. Yvonne Beran is inspecting infestations of Japanese knotweed along Milford's roadways. The plant is ubiquitous in wetter roadside areas and is very visible this time of year. To date, Yvonne has covered most of the southern portion of town and is progressing toward the completion of the survey of the northern portion. Andy presented a map prepared by Yvonne that pinpoints major infestations. Chris inquired as to what was next for the program. Diane explained that a state specialist will be called in to work with DPW relative to the means of controlling the plant. Discussion regarding the means of control followed. Andy explained that there are manuals prepared by NHDOT and the Department of Agriculture that describe control methodologies. These primarily involve the careful cutting and bagging of the above-ground portions of the plant followed by application of Round-Up. Kathy B. questioned how this is used and its effectiveness and impacts on water quality. Resulting discussion suggested that Round-Up would be applied directly to the stalks remaining after cutting, that it is absorbed by plant tissue, and that it has a 45 day life. Some, however, questioned the accuracy of this information.

Andy Hughes noted that on a recent walk within the Brox Property, several ATV's were present. He called the authorities but there was no immediate action. Nonetheless, ATV's are owned by many residents who need a place to use them. The Brox Property, however, presents liability issues since the site is not in a natural state. Chris noted some damage done by the ATV's in the Brox Property which decreased the quality of some of the trails for runners.

Lise and Kim borrowed copies of Innovative Land Use Planning Techniques.