Meeting Minutes of January 14, 2010

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

Excused:
Rodney DellaFelice

1. Rotch Timber Harvesting
- Diane advised that the logging had been completed and the logger had left the property. The forester would be returning in the spring to assure all work was completed per the Conservation Commission's expectations. The forester has submitted his invoice in the amount of $2085.00 which represents 15% of the funds received for the cut.
Discussion continued regarding the funds received by the Conservation Commission for the timber harvest. Diane explained that the funds were received prior to the cutting and those funds have been deposited into the Town Forest Fund. These are the funds that are used to pay the forester.
Chris questioned whether the parking lot had been completed. Diane indicated that additional work may be required and funds are available for this effort.
Audrey informed the members present that 2 field trips are coming up regarding timbering. She can be contacted for additional details.
2. Patch Hill Trail Easement
- Diane summarized the status of the easement efforts. The easement document has been prepared and has been submitted to Steve Desmarais for his review and signature. The easement and plan will be recorded following execution by Steve and Diane. The Board of Selectmen must authorize Diane to sign. (Note: a vote of the MCC is required first and will be an item on the next agenda).
3. Wetlands Ordinance
- The revised ordinance was submitted to the Planning Board for its consideration. The Planning Board expressed concern about the proposed permitting required for buffer disturbances that are less than 3000 square feet. Currently, there is no requirement to go before the ZBA for disturbances in that category although the buffer protections are in affect for all regulated disturbances regardless of the area involved. This results in a regulated but unenforced impact of up to 3000 square feet.
The current process requires the ZBA to act on all regulated wetland and buffer disturbances greater than 3000 square feet. An applicant must get on the ZBA agenda at least 30 days prior to their meeting. The Conservation Commission reviews the proposal and comments to the ZBA. The ZBA nearly always follows the Conservation Commission's recommendations. The proposed process would have the Conservation Commission serve as the approving body for all proposals except those that are specifically disallowed by the ordinance. Those would still go to the ZBA. The affect of the change would be to speed up the process for the applicant. The Conservation Commission could delegate the approval of the projects less than 3000 square feet to staff.
The Planning Board expressed concern that Commission's current review process does not allow for public input. They were also concerned about seeing the process of review and approval detailed. Diane explained that we will develop a detailed process which will include a method for input by abutters. We currently do this by mailed notification whenever there is an application on the Conservation Commission's agenda.
Chris questioned whether it would make sense to go to the ZBA for support for the proposal. Diane explained that the ZBA chair was present at the first discussion with the Planning Board. The proposal would lighten the ZBA's workload. Andy S. inquired about how detailed the RSA's were about appeals. It was explained that the Conditional Permit process required appeals to be directed to the Superior Court. However, it is possible for a resubmission if new substantive information is included. The ZBA follows this process.
Chris questioned what the most significant issues of concern to the Planning Board were. Was it the 3000 square foot question or other issues? Diane believed that was the major issue although process, etc. were important. Andy S. wondered how extensive the 3000 square feet issue was. Chris discussed several on Patch Hill. Fred pointed out that most impacts are likely under 3000 square feet. Diane added that most of these do not come to anyone's attention and may not even with the revised program.
Diane polled the Commissioners to get a sense of their opinions as to whether the efforts to revise the ordinance should continue. Andy H. felt the effort should continue. Wayne expressed that the effort should continue. The revised ordinance would put some teeth into the buffer protection. Hub stated he believed it was worth trying. Lise agreed that the effort should continue. Andy S. expressed some concern about the fundamental change in the Conservation Commissions responsibilities that were reflected in the proposed process. Becky questioned whether it meant more work for the Conservation Commission. Diane responded that more work would be involved. Much of it at the staff level. Andy H. wondered whether the ZBA had resources that could be transferred to the Conservation Commission. Diane indicated that there were no resources that the ZBA could provide. Chris indicated that her preference was for the Conservation Commission to remain an advisory rather than a regulatory group. However, if the disturbance that is regulated includes all disturbances, even those less than 3000 square feet, than the tradeoff might be worth it.
Andy H. asked about a compromise position of regulating disturbance of something less than 3000 square feet. Diane explained that she would support keeping the current allowance of placing a shed of less than 120 square feet in the buffer if it is on blocks and does not result in a disturbance of the underlying soil. Chris indicated that the Planning Board had considered a lesser number but the Planning Board members didn't appear to support it. Hub questioned the method for delineating the buffer. Would this require a Wetlands Scientist to perform the delineation and what about the situation when there is no access to the wetland due to its presence on an abutting lot. Andy S. stated that the process would require work sessions.
The consensus was that the effort should continue. Diane explained that as a revision to the zoning ordinance, it would not be ready for Town Meeting until next year.
4. Open Space
- Diane reminded the Commission that there is a work session scheduled for January 21 at 7:00 pm in the conference room of the Office of Community Development. This session will focus on the integration of the Open Space Ordinance revisions, the Wetland Zoning revisions, and the Natural Resources Inventory.
5. Warrant Articles
-
Rail Trail - Chris updated the Commission on the status of the Rail Trail Improvements Grant. The application was considered the #1 application. However, it was considered to be the #2 project submitted in terms of value. Chris felt that there was a strong chance that the project would be funded since the top projects were relatively inexpensive.
Andy S. indicated that he understands from the NRPC that normally only one project per region is funded. However, since the costs associated with the top projects is low, more than one project will likely be funded. This bodes well for the Rail Trail Project.
Conservation Land Fund (CLF) - There is a warrant article requesting $15,000.00 to be added to the Conservation Land Fund. If the $70,000 is used for the purchase of the Sherburne property, there will be no funds remaining in the CLF. The Board of Selectmen suggested this article. However, there should be some effort in the future to determine how much should be in this fund and what the rationale for that is.

1. Public Hearing
- Map 45 Lot 20 (Sherburne Property) Purchase
Diane opened the hearing at 7:52 pm. The notice stated that "pursuant to NH RSA 36-A:5, the Milford Conservation Commission will hold a public hearing on January 14 at 7:30 pm in the Selectmen's Meeting Room to consider the use of the Conservation Land Fund in an amount not to exceed $70,000.00 for the acquisition of Map 45 Lot 20, the Sherburne lot on Boynton Hill".
Diane presented a Power Point slide program that indicated the location of the property and its values both inherent within the property and in proximity to protected properties in Wilton, Mason, and Brookline. She presented cost information: Purchase price, $100,000.00; Purchase and Sales Cost, $400.00; Title Legal Costs, $275.00; Closing Costs, $475.00; Total, $101,150.00; NEFF Contribution, $900.00; Wilton Share, $30,075.00; Balance (Milford's Share), $70,175.00. (Funds exceeding those allowable and available from the Conservation Land Fund would be from the Accumulating Fund)
Chris questioned whether the title work is complete. Diane indicated it is. However, the P&S has not yet been signed by all of the Sherburne heirs.
Hub questioned if there was road access. Diane indicated that it is the same as it was for the Pratt parcel. The road is not insurable by the title company, but the abutters have agreed that access is allowable from that road. The Forest Society, further, has agreed to access for timbering through its parcel. However, this access is not available to the general public.
There being no other questions from the Conservation Commission or the public, the hearing was closed at 8:10 pm.
2. 2010 Conservation Commission Activities
- The Commission discussed work items that should be the focus of its 2010 program. Included are:
Revision to the Wetlands Overlay Zoning Ordinance
Revision of the Open Space Ordinance
The natural Resources Inventory
Development of a comprehensive plan review checklist
Promotion of Town properties to the public*
*Kim suggested that there should be scheduling of monthly public activities. The Commission agreed. The first activity will be a hike on a Mile Slip trail on January 23, 2010 at 9:00 am.
3. NHACC Dues
- The annual dues in the amount of $460.00 are due. Chris questioned what we get for the $460.00. Diane explained that we get technical support and a lobbyist in Concord. The consensus was that we should pay it as usual.
4. MCC Meeting Dates
- A draft of a yearly schedule of meeting dates and deadline for submission of applications to be considered by the MCC was handed out. The submittal deadline is 1 week before the meeting. This gives time to send a notice to abutters. The schedule also reflects a Tuesday meeting on November 9, 2010 since November 11 (Thursday) is Veteran's Day and the Town Hall is closed. The Commission agreed with the draft.
5. Trails Expo
Diane advised the Commission that there was interest in continuing the effort of having trails expos, especially since the last one was so well received. The Commission agreed that Trails Expos should be held but at a frequency of one every other year.

  Meeting Minutes of February 11, 2010

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

Excused:
Kim Rimalover, Rodney DellaFelice

1. Patch Hill Trail Easement
- Diane updated the Commission. There has been no change in the status of late. The easement is awaiting a release from the owner's bank.
2. Open Space/NRI Work Session
- The work session of January 21, 2010 went well with the work group establishing a direction for development of input to assist the Planning Board with possible revisions of the Open Space ordinance. The data will also be useful in the development of a natural resources inventory (NRI). Future meetings will be held on the 4th Thursdays of subsequent months as needed. However, the February meeting will be held on February 18th.
3. Warrant Articles
Rail Trail - The proposed improvement project received strong support from the public at the deliberative session and received the support of the majority of the Board of Selectmen to be placed on the ballot. Andy S. added that the provision requiring town funding only if the grant application is approved and the project funded makes the project even more attractive to residents since it provides a "comfort level".
Conservation Land Fund (CLF) - The warrant article requesting $15,000.00 was also approved by the Board of Selectmen to be on the ballot. While two of the Selectmen would have preferred that the amount be reduced to $10,000.00, no motion was made to reduce the amount.
4. Sherburne Property
- Vote to authorize expenditure. A motion was made by Andy S. and seconded by Lise to authorize the expenditure of funds as required from the Conservation Commission's funds for the purchase of the Sherburne property (Map 45 Lot 20). The vote was unanimous.

1. Trails Expo
- The members discussed using this opportunity to create a continuing source of funds for trails maintenance activities which can require a yearly expenditure of $1,000 or more. Additional opportunities were discussed. Andy S. suggested a form of "Adopt-A-Trail" in which businesses, service organizations, or other groups could identify with and become involved with the maintenance of trails for a reasonable fee. Other options might include having saleable items, perhaps made from locally harvested wood, prepared by volunteer groups. These items could be sold at town events (Pumpkin Festival as an example). Additional ideas should be submitted to Fred.
2. Plan Interpretation Review, Alene Expansion, LID
- Fred presented a Power Point slide show with the purpose of reviewing plan interpretation techniques. The Alene project was used as an example and was discussed in some detail. Fred outlined how a plan is "developed" from scratch, usually beginning with some form of survey. The information thus obtained can be used to produce an "existing conditions" plan that will typically include topography, physical features of interest, existing features, etc. Boundary information is added to this plan. Next, proposed features are added. The plan is completed with notes, north arrow, scale information, etc.
The proposed expansion of the Alene property was discussed. Fred pointed out the plan components involving alteration of the site and its drainage. Discussion ensued as to the meaning of several drainage details and the possible impacts on the quality of the site's runoff. Fred presented a memo he had prepared, for use by the Planning Department, that included technical comments and suggestions regarding the proposed alterations to site drainage. The memo was discussed and the members confirmed that this is the review and comment effort level they would like to see provided by Conservation Commission staff for similar projects.
Concern was expressed by several Commissioners that the size of the plans being emailed as part of the Interdepartmental Review packages were too small for adequate review. Diane advised that the full set of plans is usually available in the planning office. Anyone wishing to review the plans can see them at the Conservation Commission office. Fred or the administrative staff can retrieve the files.
Discussion briefly turned to LID or low impact development alternatives. These usually involve onsite runoff treatment through measures such as rain gardens (like the one recommended for the Alene development), as well as pervious pavement and other alternatives. The greater level of onsite water quality protection and runoff infiltration can greatly assist in the conservation and protection of the site's water resources. This may allow for some "tradeoffs" during the planning and engineering process. The consensus was that the LID options are desirable and should be promoted
3. GIS Activities
- Due to requirements of Milford's stormwater program and the need to identify stormwater discharge locations, an update of the town's GIS system is needed. The update begins with a flyover of the town in order to re-photograph the town. The level of detail will greatly exceed what is currently available. Once the photos are available, they are interpreted to provide detailed maps which can include topography, physical features, and natural features. Depending upon funding, wetlands and streams may be accurately identified and mapped - which would be of significant benefit in updating the NRI. The updated GIS will be of great value to all town departments including the police and fire department.
4. Route 101 Improvements
- Work is planned on Rte 101 in the vicinity of the Rail Trail underpass. The details are not known at this point, but work may include improvement to the slopes adjacent to the underpass. More information will be forthcoming.

1. MCC Mile Slip Snowshoe Hike
- Audrey reported that the hike was successful with some of the hikers staying out on the trails for as long as 2.5 hours. Evidence of coyote, turkey, rabbit, deer, and fox activity was evident.
Discussion continued regarding future hikes. It was agreed that the next hike would be held on February 27 and would include the Mitchell Brook trail at Mile Slip.

2. Chainsaw Training
- Chris queried about the status of the chainsaw training program. Fred reported that he had spoken with Bill Ruoff and it is Bill's plan to set up a training program for DPW staff. He is aware that there are trail volunteers who are interested in this training and they will be included. He will keep the Conservation Commission apprised of the schedule. Diane added that the purpose of the training is to possibly assist in getting insurance coverage for volunteers. Otherwise, the services of professionals will continue to be required whenever a chainsaw is used and this can be expensive.
3. Invasive Species Mapping
- Andy H. informed the Commission that Yvonne had completed her work. The effort was now to prepare digital files of the information by scanning the maps, etc. The Commission discussed what would be done with the data. Diane indicated that the data would be used by DPW and they were eager to move ahead with their Japanese knotwood control program. It was recommended that Bill Ruoff get in touch with Douglas Cygan, the Invasive Species Coordinator of the NH Department of Agriculture, Markets, and Food.
4. Osgood Pond
- Wayne H. inquired about the status of the Osgood pond dredging. Diane advised that the Army Corps of Engineers had made a presentation to the BOS in which they stated that the existing plan would be too expensive. They are preparing an alternative that may include pumping of the dredged material onto adjacent land or to the Brox property or may include a reduction in the scope of the dredging. The alternative plan should be available within a month or two.

  Meeting Minutes of March 11, 2010

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

Others Attending:
Nic Briand was introduced to the Commission and the Commissioners introduced themselves to Nic.

Excused:
Rodney Dellafelice, Lise Bigl

1. Trail Easement
- The Patch Hill Trail easement efforts are continuing. The owner is waiting for the bank's release.
2. Open Space/Natural Resource Inventory
- The work session was well attended and a general direction was set. Additional work is required. The Planning Board would like to have a member on the committee. To keep the committee to a workable size, Diane recommended that four members form the MCC together with the Planning Board representative would be a workable size. The MCC's representatives will be Audrey, Kim, Andy H., and Diane. Chris and Hub will be alternate members and will be kept informed by Diane.
3. Warrant Articles
-
Rail Trail - The article failed to win majority vote. However, Chris will continue the quest for DOT's approval. Guy Scaife, Town Administrator, will attend the presentation to DOT on March 15, 2010 to lend his support. Should DOT fund the project, the town's matching funds could be requested again in the 2011 budget process.
CLF $15,000.00 - The $15,000 addition to the Conservation Land Fund was approved.
4. Sherburne Parcel 45/20
- Milford met its obligation for the March 1 closing. However, there are signatures required from the sellers that are not yet in-hand. The closing is to be re-scheduled.
5. Route 101 Improvements
- Fred passed around a plan sheet from DOT that depicted the work to be performed in the vicinity of the Rail Trail underpass. Route 101 will be resurfaced and guardrails in the vicinity of the underpass will be replaced. As part of the project, the eroding slopes will be re-graded, the stones adjacent to the underpass culvert will be reset and mortared, and drainage, which is now eroding the slopes, will be collected in a catch basin and discharged at the base of the slope. A preconstruction conference is anticipated and the discharge point can be further investigated.
6. GIS
- The town's new GIS Viewer is operating and is available to all. A link is available from the Town of Milford web site. The viewer provides many details regarding each property. Andy H. indicated that he had seen it on PEG.

1. Conservation Intern
- Nic Briand is an intern from Milford High School who is intending to become a Conservation Officer. The high school has created a program for Nic that includes time with the MCC, Beaver Brook, Harris Center, shadowing professionals, and performing some trail work. Fred E. is serving as Nic's mentor.
2. Stonewall Drive Extension
- The applicant's representative has been provided the comments from the Open Space work session. They are in the process of obtaining soils and wetlands information and considering the 50 foot buffer and its impact on their design. The project design will be re-worked and the applicant will request an opportunity to come before the Conservation Commission.

1. Trail Hikes
- Despite the poor weather, the hike was conducted on February 26, 2010 at MCC Mile Slip (Mitchell Trail Hike). Several members of the Conservation Commission and the Conservation Land Management Committee were present. The next hike is scheduled to be at Mayflower Town Forest (March 27, 2010). Audrey will lead the hike.
2. Kaley Park
- The re-scheduled Kaley Park grand opening is May 15 (May 16 rain date). The MCC has been asked to participate by staffing an informational table and by assisting with walks that will be conducted by George May. The commissioners discussed some of the facilities that will be located at Kaley. An interpretive trail is likely. Andy S. noted some of the species that are present in the vicinity and offered to provide assistance in developing information for interpretive signage.
3. Invasive Species
- The availability of the completed Japanese knotweed mapping and reports was discussed. The completed work documents are in the Conservation Office. The information has been shared with DPW. Andy H. questioned the next steps. DPW will hold invasive species management training for its employees utilizing the Services of the NH Dept. of Agriculture. Fred will work with DPW to catalyze the training. The possibility of opening the training to the public was discussed. There could also be training provided through PEG
4. Chainsaws and Volunteers
- Fred informed the members of a Primex sponsored training program for chainsaw users that is coming up on May 7th in Kingston. The issue remains that the town requires those using chainsaws to be "contracted" by the town and to have appropriate business liability insurance. It is unlikely that volunteers would be able to meet these requirements.
Andy S. questioned whether someone meeting the skill requirements could be employed on a part time basis by DPW, thereby using the town's insurance. The MCC could transfer funds to DPW for that purpose. Fred agreed to look into this option.

  Meeting Minutes of April 8, 2010

Present:
Audrey Fraizer, acting chair
Wayne Hardy, Andy Seale - Full Members
Chris Costantino, Becky Lorette, Andy Hughes- Alternate Members
Fred Elkind - Conservation Coordinator

Excused: Diane Fitzpatrick, Hub Seward, Kim Rimalover, Rodney DellaFelice

1. Trail License
- A license agreement has been completed between The Quarry at Milford condominium and the Milford Conservation Commission authorizing the Conservation Commission to develop and maintain a hiking trail on lot 71, Map 8. The license is in effect until it is revoked by either party. The license allows the connection of the Patch Hill portion of the Mayflower town forest to conservation land in the town of Amherst.
Discussion followed regarding the differences between a license and easement and as to whether there is still a need for the easement on the Desmarais property. Fred explained that a license is a temporary authority that can be rescinded. An easement is a more permanent arrangement and the easement on the Desmarais property is still desirable.
2. Sherburne Property Purchase
- There has been no change in the status of the purchase. The closing has not yet occurred.
3. Granite Town Rail Trail
- Chris discussed the status of the grant application. The application is being considered by the 2009-2010 Transportation Enhancement Grant Committee. All applications have been presented to the Committee. Milford's grant applications ranked well within the second tier but it is up to the Committee members to make final selections. There have been several letters sent to possible sources of funding for the Town's match in anticipation of receiving the grant.
4. Alene Expansion
- Fred attended a preconstruction conference with the project managers, contractors, and other town department representatives. The point was made to the contractors that all temporary water quality protection measures, as appropriate, are to be in place before site disturbance occurs and that any changes in the drainage and erosion control plans should be discussed with the engineer and the town prior to instituting those changes.
Discussion followed regarding the Commission's comments and their impact on the final plans. Fred indicated that he had been informed that the Planning Board required changes in the plans based upon the comments but he had not seen the final plan until the preconstruction conference. The issue is understood by the planning department and minutes of the Planning Board meetings as they relate to Conservation Commission input will be forwarded to Fred so he can follow-up.

1. Conservation Commission Officers
- It is the time of year when officers are elected. However, since several members were not present, the elections would be held at the next meeting. The sense of the members present was that Diane should be nominated for another term as Chair and that Audrey should be nominated as Vice Chair.
Hub has agreed to take on the responsibility of managing the stewardship of lands within the Conservation Commissions responsibility. He will be assisted by Fred but may well need others to assist in the effort.
2. Conservation Commission Membership
- Lise has resigned due to conflicts with her work schedule. She does not believe that she can continue in an Alternate role. Discussion flowed regarding the open position. It was agreed that it should be filled by an Alternate member. Andy Hughes expressed his willingness and desire to become a Full Member. A recommendation to that affect will be made to the Board of Selectmen.
3. Ames Lot
- The Ames lot is owned by the Town and is managed by the Conservation Commission. It lies between the Ciardelli lots to the east and west and Monson Village (SPNHF) property to the south and Wallingford opens space (SPNHF) to the north. The Town believes that it should be returned to the tax roles and it has been offered for sale to Ciardelli. The Commission expressed a preference to sell the lot to SPNHF if possible so as to maintain an open linkage between the Wallingford open space and Monson Village properties.
4. Kaley Park
- May 15 is scheduled for the opening day ceremonies for Kaley Park. Fred discussed a meeting he had attended earlier in the day regarding the opening ceremony events. The festivities are scheduled from 3pm to 6pm and will include speeches, awards, music, food, balloon rides, horse carriage rides, and much more. The festivities are linked to "Smart Commute Week" activities which include several bike rides of varying distances which may culminate at Hampshire Hills. Busses may take the participants to the Kaley Park festivities.
The Conservation Commission has been asked to provide volunteers to man a table and to assist with trail walks to be conducted by George May. Andy S., Andy H., and Chris indicated they would be available to assist. Others may also be available.
Fred discussed that the Recreation Department will be conducting some fund raising during the event to help acquire the necessary matching funds. It may make sense for the Conservation Commission to assist by raising funds for a Kaley Park interpretive trail.

1. Trail Hike
- Audrey reported that the Mayflower trail hike went well with several from the Commission as well as others attending. It was recommended that a sign-up sheet be available at future monthly hikes since the public in attendance may wish to be informed of future hikes and may want to become more involved with trail activities.
The Commission decided that the next hike, scheduled for April 24th, should be at Tucker Brook Town Forest and the group should meet at the Savage Rd. access.
2. Invasive Species Mapping
- Andy H. questioned whether additional "mapping" is planned. Fred explained that "mapping" is an incorrect heading which has been carried forward from prior agendas. The effort currently is based upon "control methods" for Japanese knotweed. A training program is scheduled for May 26 at the Police Training/Community Room facility. The details are still to be worked out but it will be in the afternoon. It will be mandatory for some DPW personnel but will be open to others as well.

Open Space Ordinance - The Conservation Commission broke into groups to consider the positive and negative aspects of some previously approved open space projects. After significant discussion, the group reassembled to compare thoughts. It was generally agreed the existing ordinance was good but a number of issues had been identified. These include: ineffective open space due to location and/or geometry, open space included as parts of lots, and open space that is too singular in purpose such as protecting wetlands only. The group identified a significant source of these issues is the lack of a clear purpose expressed within the ordinance. This could be re-written to more clearly express the intent.
More technical information is needed to judge the quality of possible future open space areas. The Environmental Study requirement of the Subdivision Ordinance could be adapted for this purpose.
Andy H. suggested that many of the ineffective inclusions within the open space, such as small, odd-shaped pieces, could be minimized by establishing a boundary length to area ratio that would favor larger components.
Other concerns included ownership issues. The current ordinance allows the developer, a home owners association, or the Town to own the open space. The enforceable option is for the town to have ownership. This would require stewardship. The recommendation is to consider "impact fees" to support this effort.

On Saturday, April 10, there is a "Saving Special Places" presentation by the Cooperative Extension Service to be at the Weare Middle School.
On April 18th , The Congregational Church in Amherst will have a presentation on "Greening the Faith" by a UNH professor who has written several conservation related books.
Monthly Trail Hikes: Conservation Commission lead monthly 2010 trail hikes will be held as follows 4/24, 5/22, 6/26, 7/24, 8/28, 9/25, 10,23, 11/27, 12/18* (the fourth Saturday is Christmas) -The April 24th location is at Tucker Brook.

  Meeting Minutes of May 5, 2010

Present:
Diane Fitzpatrick - Chairperson
Audrey Fraizer - Vice Chairman
Andy Hughes, Kim Rimalover, Andy Seale, Hub Seward - Members
Chris Costantino, Rodney DellaFelice - Alternate Members
Fred Elkind - Conservation Coordinator

Excused:
Wayne Hardy, Becky Lorette

Others Attending:
Matt Peterson, Woodland Design Group

1. Open Space Ordinance
- Diane provided an update on the meeting of the Open Space Ordinance Committee. The committee is composed of Kim, Audrey, Andy H. and Diane. Paul Amato is representing the Planning Board on the Committee. The initial meeting was primarily involved with discussing background information. The next meeting is scheduled for May 27.
2. Sherburne Property Purchase
- There has been no change in the status of the purchase. One signature is still missing. The closing is proposed for May 19, 2010.
3. Stonewall Drive Extension Subdivision
- Matt Peterson presented a revised plan of the Stonewall Drive Extension Subdivision. The plan is an Open Space Subdivision plan that has been revised since the initial draft and it incorporates many of the recommendations made by the Conservation Commission and presented through the Planning Department. The frontage on Mile Slip Rd. is left as unchanged as possible to maintain the current rural appearance of the road. The 50 foot buffers to the wetlands have been revised from the originally presented 25 foot buffers. The wetland complexes have been kept in tact and the major complexes are incorporated within the open space to the extent possible. The plan incorporates approximately 41 acres. However the back line is not yet finalized as it can vary a bit to meet the final subdivision requirements.
The conventional subdivision plan allowed 15 lots. The open space subdivision plan incorporates only 14 lots. The lots, per the client's wishes, all exceed 1 acre.
The applicant has met with abutters who have expressed a concern. The abutters are not currently believed to be in opposition to the project.
The detention basins incorporate forebays and are being designed as wet basins with discharge structures that will be designed to accommodate the 25 and 50 year storms. Final designs are not complete. Upon questioning by the Commission, Mr. Peterson explained that wet ponds intercept the groundwater and are permanently wet. Treatment occurs within the forebays and in the ponds to protect groundwater. No disturbance of wetlands or stream banks is anticipated as a result of the discharges which are expected to include rip-rapped drainage ways.
Test pits are complete as is site specific soils delineation. Drainage analysis is being completed. This information will be presented to the Conservation Commission as soon as possible.
A Site Walk is scheduled for May 25 at 6pm meeting at the end of Stonewall Dr. Kim will be the coordinator of the site walk.
4. Granite Town Rail Trail
- Chris discussed the status of the grant application. The project did not receive funding from this year's round of state transportation grants. The next round is two years from now. Andy S. discussed some of the political issues surrounding the selection process for the state funding. Also, the Kaley Foundation has not opted to provide funds as of this time. The Getz Foundation has donated $1000.00 toward the project. Other requests are pending.The project remains very high on the Town's agenda. The DPW is planning to perform a significant amount of maintenance on the trail this year.
5. Zahn - Hartshorn Pond
- Diane discussed the status of the possible Zahn gift. Ann Zahn would like to donate some land along the westerly side of Hartshorn Pond and would like a memorial for her late husband, Bud Zahn. The town presently owns a narrow strip of land along most of the west side of the pond. But it is too narrow for any practical use. Discussion is progressing for an additional 100 feet along the pond as a donation to the town. The additional area would allow the development of a picnic grove and access trail on the westerly side of the pond. The brook could be crossed just below the dam. This would supplement the park that is being developed on the southeasterly end of the pond by the Lions Club and could be contiguous with it. The donation would be about two acres. Survey costs may be spit between the Zahn's and the Commission.
6. Invasive Species
- The training program is still planned for May 26 at 2 pm in the Police Training room. All are invited.
7. Kaley Park Grand Opening
- The grand opening is scheduled for May 15. The Conservation Commission will have a table at the event that will also display stormwater protection information. The Commission will also assist George May with his river walks. Diane, Andy H., and Chris have volunteered to assist.
8. Double "T" Structures
- Steve Trombly has offered the Conservation Commission up to 10 each 12 foot wide by 40 foot long "double T" structures which are likely temporary bridge structures. These could be used for bridging at the Hartshorn delta and other locations. The difficulty is transportation. Andy S. offered to check with the National Guard to see if they might be interested in assisting the town in this effort. Audrey offered to further discuss the movement of the structures with Stu.

Hub Seward was recognized as having served more than 20 years on the Conservation Commission. Hub has been reappointed by the Board of Selectmen to serve another term. Hub was congratulated by those present and was thanked for his past and continuing service and dedication to the Conservation Commission and the Town of Milford.
2. Barr Property M50 L1
- Diane described the 65 acre parcel and its location on Mile Slip Rd. It abuts the Sherburne property which lies immediately to the north. The owners are considering the donation or sale of a portion of the property to the town. The land could make a connection between the Sherburne property and the Mile Slip Town Forest.
Diane asked the Commission for the authority to pursue this property and to negotiate with the owners. The Commission was unanimous in its consent for Diane to proceed.
3. Conservation Commission Officer Elections
- Officers were elected for the coming year.
Audrey nominated Diane for the position of Chair. Seconded by Kim. There being no other nominations for this position the vote was called and it was unanimous and Diane Fitzpatrick was elected to another term as Chair.
Andy S. nominated Audrey for the position of Vice Chair. Seconded by Kim. There being no other nominations for this position the vote was called and it was unanimous and Audrey Frazier was elected to a one year term as Vice Chair.

1. 4th Saturday Trail Hike
- Diane reported that the Tucker Brook trail hike went well with several from the Commission as well as others attending.
The Commission decided that the next hike, scheduled for May 22nd , will be at the Rail Trail. The hike will begin at 9 am at the DPW access and will continue to its terminus in Brookline. Cars will be positioned in Brookline to provide return transportation.

Walk NH Week is June 1-7. Andy H. is working with the Recreation Department on a scheduled walk at Hitchiner.
Workforce Housing Design Charette - June 5th and 6th . Sponsored by NRPC. Andy S. will plan to attend if possible.

1. 111 and 123 Union St. Foundations
- - Ray Shea of Sandford Survey and Engineering represented Earl Sandford for the presentation of foundation repairs at 111 and 123 Union Sq. Ray presented plans and photos depicting the location and existing condition of the foundations which are partially within the normal high water of the Souhegan River and are nearly completely below the water level of the Souhegan under severe flood conditions. The 200 year old foundation is bulging and missing stones in some locations which has lead to concern by the code enforcement officer and the Board of Selectmen. The owners have proposed a plan that would require a sandbag cofferdam to be constructed during low water conditions. The cofferdam would be pumped out and the existing wall would be grouted. Foundation stones would then be manually moved back into place to a level above the existing river level. The cofferdam may then be removed and the remainder of the work could be accomplished in the dry. A water quality plan is being prepared to provide contingencies in the case of flooding, water quality problems, etc.
Mr. Shea was questioned regarding permitting. The plan is to be presented to Frank Richardson of the Wetlands Bureau. A request for an "emergency permit" will be made. However, if that permit is not granted, a standard permit will be presented and will be asked to be expedited It is through the process. The commissioners present indicated a general support for this approach and indicated that they would not wish intervene as they have seen the plan. It is anticipated that the work will begin in August and should take several weeks to complete.
2. Eagle Scout Project
- Tyler St.Gelais, a scout from Troop 4, asked to discuss possible Eagle Scout Projects with the Commission. Tyler did not have a predetermined project in mind. Chris suggested that a reconstructed bridge at Hitchiner would be a great idea. Tyler was interested in this possibility and was going to speak with his Troop leaders about it. He will be in contact with Chris.
3. Double T's
- Stu and Mason Frazier have viewed the Double T's. Stu believes that they can be easily moved from their existing location and can be placed at a new location provided that there is sufficient access for the required equipment. He believes that the structures were likely not bridge components but were part of a parking garage system dating back to the 1970's. Some were in good condition. Stu recommended that they could be used as pedestrian-only bridges if set on proper foundations. He recommended that approximately 2 feet be cut along each length to create 8'X 40' structures. Without proper foundations, Stu cautioned that the bridges could sink and/or move in the case of flooding conditions. In a worse care scenario, the structures could be moved by flood water so as to create a dam requiring emergency response.
The Commission discussed other potential uses for the structures and thanked Stu and Mason for their efforts on behalf of the Commission.
Other available bridges were discussed subsequently. Wayne H. indicated that he knew of a possible bridge in Twin Mountain that might be available. He will follow-up.
Unfinished Business:
1. Sherburne Property Purchase
- One signature is still missing. The closing is proposed for Wednesday, June 16.
2. Barr Property
- Diane walked the site with Whit Beals of NEFF who felt the property was of value. Diane will be discussing possible terms with the Barrs.
3. Lions Club at Hartshorn
- A draft of a possible plaque was presented to the Commission. The Plaque identified the property as Lions Park on Hartshorn Pond. It would be inscribed on a piece of granite that might be 3'-4'- X 3'-4'. The Commission felt that the concept of the plaque was fine if the Lions Club takes ownership of the park. Diane suggested an MOA should be developed by the Club and executed to account for continued maintenance and support of the park.
Additionally, the Lions Club will be removing stones that have fallen into the water in the vicinity of the park and will use them to repair the existing wall. The Wetlands Bureau has ok'd this activity as long as the Commission oversees the effort to assure water quality protection. This work can begin any day and should be completed in a matter of hours.
4. Zahn Gift at Hartshorn
- Karl Zahn informed Fred that the family agrees with the proposed plan as drafted by the Conservation Commission. The gifted property would be added to town's property by lot line adjustment. It is probable that Monadnock Survey will do the survey and final plan preparation. The Commission has agreed to pay for a share of these costs. Diane requested and was granted the authority to bring the matter to the Board of Selectmen.


New Business:
1. Conservation Commission/CLMC Budget
- NEES Fund Usage - Diane reviewed the current status of the Conservation Commissions Budget. The balance in the Conservation Fund (Accumulative Fund) is $12,049 which should cover the Commissions operating costs through the end of the year. The Land Fund has approximately $15,000 which represents the Town's 2010 appropriation to that fund. These funds are partially identified for use in the Zahn and possibly Barr property acquisitions. The funds are not sufficient for the purchase of any substantial parcels. The Forest Fund has about $16,588 which is largely the income from the Roche timber cut.
These budget balances are not sufficient to cover any major expenses. The maintenance needs of the growing infrastructure supported by the Conservation Commission is increasing. This includes forest maintenance and trail maintenance. Additional funds are required now, and continuing into the future.
Diane indicated that the NEES fund has approximately $3100. The bequest has limitations on its use. The wording is to be reviewed. (Note: the funds were given to the Conservation Commission to use for the "betterment of the appearance of the Town of Milford".)
Discussion followed regarding "impact fees" to offset some of the open space monitoring and other costs. Fred and Diane will look into this further.
Audrey noted that Digit Taylor helps towns with developing money raising programs. Perhaps she can assist Milford and some of the surrounding towns. Audrey will pursue this.
Andy H. questioned if there were other properties that might soon be timbered. Diane thought this would be possible in a year or two.
Diane suggested that a yearly money raising program like the Trails Expo or special events every few months that might include speakers that others would pay to hear might be possibilities.
2. High School Drainage
- Fred presented a plan prepared for the Milford School District by Meridian Land Services, Inc. The purpose of the plan is to present a reconfiguration of the roof drainage from the northeasterly roof of the high school so as to alleviate flooding on Johnson St. The excavation for the new drain line will be in the wetland buffer. The disturbance was determined by Meridian to be just under 3000 square feet. Thus no ZBA approval would be required. Fred had questioned the plan since there is nothing engineered in that would recreate the wetland buffer values for stormwater control. He recommended some options be considered. These were rejected by the engineer and no changes were proposed. Fred highlighted this as another example of the failure of the buffer ordinance due to the 3000 square foot exemption.
Discussion ensued as to whether the disturbance was to be , in fact, under 3000 square feet. The Commission was not convinced that the proposal would solve flooding problems but might just be moving the issue. Fred reminded the Commission that the stormwater permit had already been granted.

Reports:
1. 4th Saturday Trail Hike
- Diane reported that the Rail trail hike went well with several from the Commission as well as others attending. The Commission decided that the next hike, scheduled for June 26th, will be at Beaver Brook property with hikers meeting at Hitchiner at 9:00 am.
2. Public Trails Map
- Diane showed the Commission the "Existing and Planned Public Trails" map. The map highlights portions of the Rail Trails and identifies Phase I activities to be completed this year. The map is to be provided to Dick D'Amato as he requested a copy at the Kaley Park Grand Opening. The map can also serve as part of a revised request for funds from the Kaley Foundation.
3. Walk NH Event
- Andy H. was on hand, along with Heather Hoyt from the Recreation Department. Only three walkers took advantage of the opportunity.
4. Workforce Housing Design Charette
- Andy S. reported that the charette was postponed until fall.

Announcement: - Comprehensive Shoreland Protection Act - A presentation will be made by Jay Aube of NHDES on Thursday, June 17th in the Community Room of the Hollis Town Hall. It is open to all interested persons. Response is to Mark Archambault at NRWA. There being no further business to come before this meeting, the meeting was adjourned at 9:35PM
Monthly Trail Hikes:
Conservation Commission lead monthly 2010 trail hikes will be held as follows, 6/26, 7/24, 8/28, 9/25, 10,23, 11/27, 12/18* (the fourth Saturday is Christmas) -The June 26th location is at the Beaver Brook property.
The next regular meeting of the Conservation Commission is scheduled for Thursday, July 8, 2010 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.
Minutes submitted by Fred Elkind - Conservation Coordinator

Josh Clemens - Josh is an Eagle Scout candidate from Troop 407. As part of his Eagle Scout activities, Josh is planning to erect a canoe launch at Kaley Park. Josh is finalizing the location with input from George May, Nicole Banks, Bill Ruoff, and the Conservation Commission. Due to property line restrictions, the probable location will be westerly of the pump house as opposed to the preferred location which would be easterly of the pump house. Josh requested input from the Conservation Commission regarding materials, procedures, location, and permitting.
Discussion regarding materials included the use of pressure treated wood and galvanized metal. The Commission concluded that galvanized metal did not present an environmental risk. The wood could be pressure treated provided it was not located within the water. Wayne H. reminded the Commission that pressure treated wood bearing the CCA designation was not acceptable but is not presently being sold.
Josh questioned whether clearing an approximate 12 foot swath down to the river would be acceptable. He did not intend to remove trees. The Commission determined that the least practical width would be best and that shrubs should be cut so as to leave roots and some stem material to protect against erosion. Josh indicated that he would use loppers to accomplish this.
Josh enquired about the status of permitting. Fred indicated that he had sent Josh's plan to the Wetland's Bureau for advice as to the need for permitting. Sandy Crystall advised that the launch, based upon its dimensions, is not considered a "structure" requiring permits provided no part is constructed so as to be below the normal high water elevation. The Commission was requested by DES to oversee the location.
Josh has coordinated a car wash and has already raised approximately 50% of the funds necessary for the project.
Marti Noel, Milford Tax Assessor, presented an overview of her office's activities with respect to the Current Use designation and oversight and enforcement activities. Marti believes there are some misunderstandings about what is allowed and when enforcement is required. Marti reminded the Commission that there is a current use handbook online. State law is quite specific as to when a property is eligible for Current Use and when it must be taken out of Current Use. Marti outlined under what conditions a property could be placed in Current Use and what conditions were required to maintain that status. She also advised when a property was no longer eligible for the designation. For example, adjacent parcels under a single ownership with a total eligible area of 10 acres or greater could be in current use. However, the sale of one or more of the parcels resulting in an area or areas less than the required area could cause the parcel or parcels to be removed from Current Use. Also, the development of a parcel or a use that changes the parcel's eligibility is considered to cause the removal of the Current Use designation as soon as the "shovel hits the dirt".
Marti explained there a several instances that have been identified where a parcel is being used, in part, for purposed inconsistent with the parcel's Current Use restrictions. These are such activities as loss of opens space by extensive lawn expansions, conducting earth material excavations for the purpose of off-site use, and commercial use of forested and agricultural lands for other purposes. These identifications are based upon information that may come form several sources. One source of information is Pictometry. There is a re-evaluation of assessments required every 5 years. This may result in changes being detected.
Marti provided the Commission with a chart that indicates Milford has nearly 50% of its land in current use.
In summary, Marti indicated that there may be cases where property owners will not be happy with the removal of their property from current use resulting from changes occurring to the use(s) of the land over time. She requested the assistance of the Commission in helping property owners to understand the process and limitations and she offered her assistance in the future.

1. Rotch Timber Harvest
- The forester, Mike Powers, advised that the cut at Rotch was complete and he was applying some minor finishing touches such as trimming and seeding. The Commission decided to walk the property on July 15th at 6:00 pm. Mike Powers will be informed.

1. Monitoring Conservation Properties
- Diane reminded the Commission that it is the responsibility of the Commission to monitor properties under it's management to assure the intended values for the public benefit are being protected. Hub outlined some history of some of the properties and discussed some issues that were identified in the past. A possible selection of monitoring efforts for this year may include: the Rotch and Burns lots, Mayflower Town Forest, Wyman Farm, Wallingford Estates, the Wentzel lot, the Ferguson Farm (together with the Historic Commission) and Highgate. The Commission concurred that this is an important activity. Andy S. raised a point about financing this continued activity and that there should be consideration of an impact-type fee when future properties are added to the Conservation Commission's list of properties requiring monitoring. Diane advised the Commission that Rita had completed a considerable amount of ground work on documentation required for the monitoring of the properties and, together with some of the Commissioners, had completed a number of monitoring efforts. She wants to be involved in the Wallingford Estates monitoring effort ( this is consistent with her responsibilities with SPNF) Fred is involved in a slightly different mix of activities which does not allow quite as much dedication to this effort as Rita could provide. Several Commissioners, including Wayne H., and Kim, offered their assistance to Hub. Fred explained that he could assist and could prepare files for the effort. With Fred's assistance, Hub will coordinate the monitoring.
2. The Ames Parcel
- Diane reminded the Commission of the location of the "Ames Parcel" which is north of Monson Village and south of Wallingford Estates. The parcel was placed under the authority of the Commission by the Board of Selectmen in 1999. The parcel is being considered for sale by the Town. The easterly and westerly abutter is the Ciardelli family. Diane spoke with a family representative who indicated that not only do they not have an interest in the "Ames" parcel but would be willing to sell the parcel they own that is immediately west of the "Ames" piece. These parcels are of interest to the Society for the Protection of NH Forests (SPNF) which owns the Monson Village and Wallingford open space properties. The town's parcel and the Ciardelli parcel would create a significant linkage between these parcels.
Kathy wondered about the value of the Ames parcel and how it would be determined and if there was a survey of the property. Diane explained that limited access and use properties are typically worth about $1000 per acre. She did not know what SPNF would offer but they have purchased a great deal of similar property. The Commission did not intend to survey the property nor have it appraised. The cost of accomplishing these activities could possibly exceed the value of the property. Surveys had been completed on abutting properties so boundaries are known.
The Commission was supportive of the sale to SPNF provided that similar conditions that SPNF agreed to regarding Monson were applied to the Ames parcel. The Monson conditions were formalized in February of 1998 and include the purposes for which the land would be used and the requirement that a future conveyance of ownership, if any, would be to the Town or an organization with purposes similar to SPNF and that a conservation easement would be granted to the Town at that time.

1. 40-101 & 40-101-1 - Mason Rd.
- Lot line adjustment to allow construction of a shed. The subject area did not appear to be in a wetland or buffer. The Commission had no comments.
2. 53-30 - Ponemah Hill Rd.
- Subdivision of one lot into two. Discussion occurred as to whether this parcel had come before the Commission in past. Rodney had a concern that this may represent multiple actions on the same lot. Other Commissioners reviewed the plan and did not recall prior concerns. No further comments were offered.
3. 45-11 & 45-11-1 Mile Slip Rd.
- This action represents a subdivision of the land to be part of the Stonewall Ext. subdivision from the remainder of the larger lot. This would allow the open space requirements to be limited to the lot being subdivided and not the entire parcel.
4. 45-11-1 Stonewall Dr. Ext. Subdivision
- This is the subdivision that had had previously been presented to the Commission by Matt Peterson of the Woodland Design Group following input from the Commission and that had been walked by the Commission. It is now ready for consideration by Planning Board.

1. Trail Hike - Beaver Brook Hike review
- Diane briefly discussed the last hike and suggested that the next hike location could be at Monson. This would be a less rigorous hike but there are many historical and environmental values to be enjoyed. The Commission supported this location for the July 24th hike.
2. Sherburne Property Purchase
- Diane advised the closing occurred on June 16, 2010.
3. Barr Property
- The Barr's are considering their plans. They may not move as soon as they had originally thought. They have not yet determined what they will do with the property.
4. Zahn Gift @ Hartshorn Pond
- Audrey and Fred presented the potential gift and plan to the Board of Selectmen for their consideration. There was some confusion as to the controlling statute (see below). The Board supported the project.
Kathy Bauer discussed her concerns with the Commission. She wanted the Commission to know that she was in support of the project but was concerned about two items. First, the parking is limited. Fred had met with representatives of the Lions Club who indicated the final project would include 7 or 8 spaces. Kathy is concerned that those are not enough, especially given the proposed expanded use. Diane suggested that parking along Hartshorn Mill Rd. was possible. Kathy felt that could help but the roadside would need to be improved to allow parking and signage would be required.
Kathy's second concern is the crossing of the brook. She feels that the stepping stone crossing method is not sufficient for all users and that steps and handrails are needed to descend from the road elevation down to the brook elevation.
Diane agreed that these issues need to be considered further. There is time since the development of the "picnic groves" could be a few years off.
5. RSA 41:14-a vs. RSA 36-A:4
- There are two statutes that control the purchase, sale, etc., of town lands that involve the Conservation Commission. RSA 41:14-a procedures were adopted by the Town at the last Town Meeting. This statute allows the Selectmen to buy and sell land but requires the input of the Conservation Commission and the Planning Board. Lands that are under the management of the Conservation Commission can not be sold without the approval of the Commission. The Board of Selectmen must conduct 2 public hearings on the matter and must vote within a 10 to 14 day window following the hearings.
On the other hand, RSA 36-A:4 provides the right to the Conservation Commission to buy and sell properties provided it is for the purposes designated under RSA 36. The agreement of the Board of Selectmen is required but the procedures outlined in RSA 41:14-a, including public hearings before the Board of Selectmen are not required.

1. Pressure Treated Wood on Trails
- Diane discussed the possibility of the CLMC accepting donations of pressure treated wood for repair and construction of trail amenities. The wood would likely be from old decks. The Commission discussed the possibility and recommended against it. The concern is that the older pressure treated wood contains arsenic and could be harmful to the environment and to people who might get splinters. This concern would not cover pressure treated wood as is now sold that does not contain arsenic. Kim suggested that products like "Trex" would be acceptable.

1. Chris Guida/Steve Trombly - Fire Pond and Farm Pond Dredging - Trombly Property - North River Rd. Map 8 Lot 28

Chris Guida presented a plan for the dredging of the farm pond. Dredging would be conducted within the area of the existing pond with no expansion. The total area of the maintenance dredging would be 9559 square feet. Thus, the project falls within the Permit by Notification process. Spoils from the dredging would be placed out of jurisdiction. The dredging is necessary since sedimentation through the years has drastically reduced the capacity of the pond - which is used for irrigation. The issue is especially significant during the current droughty conditions.
Steve Trombly added that the pond was there before his involvement and that he intended to excavate to the solid bottom. He had not identified how deep that might be. The excavated material would be mixed with other soil materials to make topsoil. However, the spoils are likely low in nutrient value.
There is another pond to be dredged. The other pond is a fire pond and maintenance is supported by the Fire Chief. Maintenance dredging of fire ponds does not require a permit from DES.
Hub made a motion to approve the plan as presented. Audrey seconded the motion. The application was unanimously approved and was signed by the Chair.
Steve Trombly asked if he could discuss another issue with the Commission. He was granted that request and Steve spoke to the removal of the Goldman dam. He asked if the Commission had taken a position on the matter. He was told that the Commission had not but some members expressed personal opinions favoring the removal. Steve was concerned that the loss of the ponded water could result in the river substantially drying up at low flows. It was suggested that this would be an important question for him to bring up to the consultants doing the Dam Removal Feasibility study. The Commission did not believe the removal of the dam would cause an impact further upstream than the extent of the ponded water.
Chris Guida took the opportunity to update the Commission regarding the potential trail crossing of Hartshorn Brook near the confluence with the Souhegan River. His firm has completed the wetlands delineation and is completing the preparation of a map. He discussed the limit of his responsibilities with respect the Wetlands Bureau trail notification. Diane indicated that the required notification of the Wetlands Bureau would be prepared by the Commission based upon the data provided by Chris's firm.

1. Conservation Commission Fundraising
- Audrey discussed the matter of fund raising. She suggested that it would be easier to raise funds for specific purposes such as the Rail Trail. She further suggested that it would be effective to look for grants with matching funds.
Discussion by the Commission identified four possible areas of fund raising:
• Raffles
- Funds could be raised by raffling off items at the events the Commission is involved with. These events could include the Ghost Train Rail Trail Race, the Park to Park run, and the Pumpkin Festival as examples. Prizes could be a Bed and Breakfast stay and, as suggested by Wayne, flights hosted by the Gliding Club.
• Ghost Train Race
- Flyers should be readied and made available at the Park to Park race.
• Workshops and Presentations
- the Commission has sponsored events in the past that were well attended but were not intended to raise funds. Examples of these were the "Rails to Trails Conservancy" presentation and the "Keeping Track" program. Perhaps there is a means to raise funds from similar events.
• Trails Expo
- The Commission had agreed to attempt to put on another expo in 2011. Diane believes that spring (April) may be the best time. Efforts need to begin soon to begin arranging this program since a great deal of effort is required. Diane will investigate the availability of space at Hampshire Hills. Details should be finalized at the September meeting.
Audrey suggested that she and Kim could get together to work on identifying potential grant sources.
2. Lions Park
- Diane presented a draft of wording that the Lions Club would like to place on a granite monument to be placed at the park they are developing at Hartshorn Pond. John Miller of the Lions Club had discussed the options with Fred and indicated that the Lions preferred to use as few words as possible due to the cost of the inscription. The monument would be granite, would be approximately 42" by 42", and would be placed 10" in ground. It would present a 10" diameter Lions insignia as well as the words "Lions Park". The discussion by the Commission resulted in a request that the "Hartshorn Pond" also be present on the marker. Fred will convey this to John Miller.

1. Riverside Cemetery Culvert Repair and Bank Stabilization
- - Fred discussed proposed work by DPW. The stone culvert under the access drive to the cemetery is collapsing. Fred presented a draft plan by DPW which identified the steps involved which will include redirecting the flow of the brook through a 12" plastic pipe and resetting the stones. This can be accomplished within notification process to DES. Conservation Commission approval is not required.
At a future date, DPW would like to stabilize the bank of the brook just below the culvert. This will require more complex permitting.
2. Souhegan Valley Chamber of Commerce Exposition
- The Southern NH Expo. will be held at the Dome at Hampshire Hills on October 21. The Commission is sharing a 10' X 20' booth with the Office of Community Development and Planning. The all-day event requires several people to provide coverage.

1. 56-64-2 - Foster Rd.
- The parent lot is proposed to be subdivided into two lots. There has been a drainage problem on the lot which has been partially corrected by altering the existing drainage. The concern was expressed that the drainage issue may affect the new lot. Fred has sent a memo to planning identifying this concern.
2. 25-17 - Jacques School Addition
- The addition does not appear to impact areas of concern of the Conservation Commission.

1. Trail Hike
- Diane reported on the Monson Village hike of last month. A dozen folks were present for the hike. This was a more leisurely hike than most and Russ Dickerman provided fascinating historical perspectives of the life and times of the early settlers.
2. Stormwater Program Status and Initiatives
- Fred indicated that he has been asked to become more involved in the town's stormwater program and discussed a few instances of how the greater involvement furthers the goals of the Conservation Commission. This provides the opportunity to work more closely with DPW and other departments. The immediate benefit is that it promotes an even better integration of the Commission's goals and objectives with the programs of other departments. Diane advised the group that Fred has been given additional hours by the town from other budgets to accomplish this so there is no loss of time for Conservation Commission business or additional impact on the Commission's budget..
3. Zahn Gift @ Hartshorn Pond
- There has been no additional progress on this item. The survey has not been conducted. Fred will follow up.

1. August Souhegan River Clean-Up
- A Souhegan River clean up was proposed by some citizens. Due to the complex nature requiring such things as "hold harmless" liability releases, they opted not to continue with the effort. However, there is an opportunity to conduct a river clean up with the involvement of several groups. Development of this alternative is on-going. The Conservation Commissioners will be kept informed so that they may assist.
2. Monthly Trail Hikes:
- Conservation Commission lead monthly 2010 trail hikes will be held as follows, 8/28, 9/25, 10,23, 11/27, 12/18* (the fourth Saturday is Christmas). The next hike will be August 28 at the Sheldrick Forest Preserve in Wilton. Audrey will lead the hike.

- Becky requested an update on the status of the work DPW has agreed to do on the DPW to Union St. portion of the Rail Trail. She believed that work may have begun as she had seen some clearing and widening. Fred provided an update. DPW is proposing to put some prisoners to work on the project. They would not be available until later in the month. No work has been done by DPW yet. Diane suggested that the clearing may be the result of efforts of the trail manager.

1. Dry Hydrant at Hartshorn Pond
- The application was not accepted by the Wetlands Bureau since a few items were missing. The NH Heritage Bureau report on threatened species and unique habitats was not included nor was information regarding who prepared the plans and the plan scale. Fred prepared the NHB report for the Fire Department and other information has also been resubmitted by the F.D.
Fred advised the members that DES has implemented a new procedure. Applications with missing components are no longer accepted. They are returned to the applicant. Once complete, the applicant can resubmit. However, if the conservation commission or town clerk has acted on the application and signed it, the application must be resigned or at least initialed and dated. This date is the new application acceptance date.
Questions were raised about the need for addition conservation commission action. Fred suggested that if the application changes significantly, it would have to come back to the commission. However, if the change did not affect the commission's decision, the signee (chair/vice chair) could simply initial and date the application.
2. 555 Mason Rd.- Unpermitted dredging
- Fred explained that DES sent an inspector out on October 7. The inspector observed the site after the grading was finished and stabilization (winter rye and other grasses) were established. The inspector was going to bring the case to a supervisory board with recommendations that the case be listed as either a prior violation, or other action such as retroactive permitting. We suggested that the latter would be preferable since it would bring the owner before the commission to explain his actions. We also suggested that the contractor be sanctioned by DES.
Fred pointed out that the delayed response by DES, some several weeks after the case was brought to their attention, was the result of vacations and a lack of staff. This points out the need for the town to be even more proactive in inspections and enforcement.
Becky wondered if the commission would have approved the project initially. Fred did not know as this is up to the members but thought that it might have been approved, especially since the conditions were uniquely suited for the project. The pond was nearly dry and no rain was in the forecast at the time. However, the approval would have had conditions which might well have included work in the vicinity of the Mason Rd. culvert that drains directly to the pond.
Hub wondered about enforcement and enforcement authority. Fred indicated that the town has some enforcement authority including, with court approval, the ability to fine. However, this process is cumbersome and the results are not always as preferred.
Mr. Kurtz arrived after the majority of this discussion. He indicated that he had contacted the Conservation Commission and Code Enforcement representing concerns of some of the abutters about this matter. He was wondering about the status of the case. The subject was briefly re-discussed for Mr. Kurtz' benefit. Fred explained that DES sent an inspector out on October 7. The inspector observed the site after the grading was finished and stabilization (winter rye and other grasses) were established. The inspector was going to bring the case to a supervisory board with recommendations that the case be listed as either a prior violation, or other action such as retroactive permitting. We suggested that the latter would be preferable since it would bring the owner before the commission to explain his actions. We also suggested that the contractor be sanctioned by DES.
Fred pointed out that the delayed response by DES, some several weeks after the case was brought to their attention, was the result of vacations and a lack of staff. This points out the need for the town to be even more proactive in inspections and enforcement.
Becky wondered if the commission would have approved the project initially. Fred did not know as this is up to the members but thought that it might have been approved, especially since the conditions were uniquely suited for the project. The pond was nearly dry and no rain was in the forecast at the time. However, the approval would have had conditions which might well have included work in the vicinity of the Mason Rd. culvert that drains directly to the pond.
Hub wondered about enforcement and enforcement authority. Fred indicated that the town has some enforcement authority including, with court approval, the ability to fine. However, this process is cumbersome and the results are not always as preferred.
Mr. Kurtz arrived after the majority of this discussion. He indicated that he had contacted the Conservation Commission and Code Enforcement representing concerns of some of the abutters about this matter. He was wondering about the status of the case. The subject was briefly re-discussed for Mr. Kurtz' benefit.

1. Conservation Commission Fundraising
-
• Rail Trail Efforts
- Fred advised that the Kaley Foundation had provided a $20,000 grant for improvements. The Commission determined that it wished to express its gratitude to the Kaley Foundation. Audrey added that $47 was donated at Pumpkin Festival. Audrey and Becky pointed out the need to reserve earlier to get a better location. Fred advised the members of the improvements that had been made to the Rail Trail including the new Union St. crossing (including a break in the guardrails, crossing signs, and new trail alignment at that location). Becky wondered why the same type of break in the guardrails was not possible at Melendy Rd. In the past this had been rejected.
• Southern NH Expo
- October 21. The Commission discussed the opportunity for finding possible exhibitors for the Trails Expo at the Southern NH Expo. Fred discussed ongoing efforts to develop a package to present to possible exhibitors. Commission members felt that the package is a good idea but individual contacts with follow-up is preferred.
• Trails Expo
- (See NH Expo, above)
2. Trail Hike
- Andy had led the hike at Hitchiner Town Forest. Only one hiker was present. The notice had not made it into the paper. The members suggested we needed to do more to advertise the hikes.
Possible locations for the next hike were discussed. Mr. Kurz suggested the cranberry bog trail in Peterborough. Other suggestions included Joe English in Amherst and the Andre facility in Brookline. Wayne raised a question about the possibility of a hike at the Rhododendron swamp in Wilton.
Mile Slip was selected as the next location with the hike to be coordinated and led by Kim.
3. Lions Park @ Hartshorn
- Fred and Hub summarized the events of the dedication of September 25. The weather was near perfect. The crowd was as expected including members of the Lions Club, the general public, and elected and appointed officials. John Miller introduced Tim Finan, Diane, and the governor. All gave concise speeches since the governor had a limited amount of time.
4. Ghost Train Rail Trail Race
- Logistics for the race were discussed. Kim, Andy H., Becky, Audrey, and Hub all offered assistance on race day.

1. Training
- Fred advised that Becky had suggested that additional training, similar to the plan interpretation presentation, would be helpful. Possibilities include: Deed research and drainage analysis. The suggestion was made that the NHB threatened species report process would be another possible topic.
2. Volunteer Time
- Andy H. advised that Yvonne has 40 hours to volunteer. He was interested in possibilities. Fred suggested identification and mapping of invasive species along the hiking trails.

1. NHACC Meeting November 6
- Members wishing to attend are to let Fred know by October 27. Audrey, Andy H., and Becky are considering attending.
2. Monthly Trail Hikes:
- Conservation Commission lead monthly 2010 trail hikes will be held as follows 10/23, 11/27, 12/18* (the fourth Saturday is Christmas) -The October 23rd location is Mile Slip Town Forest

1. Acceptance of Kaley Foundation Funds in the Amount of $20,000.00
- Chris applied for a donation from the Kaley Foundation. Kaley's mission is to improve the Town of Milford for it's citizens. She asked for $10,000. The board of the foundation was impressed with the rail trail project. They increased our request to $20,000. Before the Board of Selectmen will accept the funds on our behalf, we must vote to accept said funds.
A motion was made by Wayne Hardy and seconded by Hub Seward to accept the donation of $20,000 from the Kaley Foundation specifically for the Granite Town Rail Trail. Motion was unanimously accepted.
2. 555 Mason Rd.- Unpermitted dredging
- DES issued a "Notice of Prior Violation". This action was based upon the after-the-fact stabilization of the excavation within the pond. The notice does not entail a fine and does not require an after-the-fact application, permit or fee. There is no plan or action to be brought before the Commission. See DES letter attached.
There were no comments from the members present.
3. Ames Lot, 57-2
- Status - The following quote is from a letter dated Oct. 15, 2010 from Brian Hotz, Director of Land Protection for the Society for the Protection of New Hampshire Forests. "The Forest Society would like to make an offer of $10,000 to purchase the Ames Lot. Additionally, the Forest Society will develop all necessary legal documents and cover the transactional costs associated with the project."

1. Monitoring
- Reports due on Mayflower Hill Town Forest, Rotch section for LCIP (due before 2011-01) and Holland Farm easement (due 2011-01-15). Wayne and Becky will walk the Rotch section of Mayflower Hill and fill out the report for the state LCIP program. Chris and Becky will do the same on the Holland Farm easement for the Forest Society.
2. Budget & Warrant
- Diane informed the members that our operating budget will remain unchanged. We will request the same article we had on the warrant in 2010, namely $15,000 into Land Fund
3. Training at Meetings:
- Suggestions:
- Monitoring packet review, what you need, rules of the road, helpful hints
- Easements - What should the land owner know? What is an easement? What are the benefits? FAQ from Digit Taylor, Audrey

1. Conservation Commission Fundraising
- Audrey gave several recommendations to Chris targeting the rail trail.
2. Trail Hike
- Mayflower was chosen for the November 27 hike, meeting at Perkins St and hiking to Lyndeborough Rd in Amherst and back. At the December meeting, hikes will be planned for the entire year, 2011. The decision was made NOT do offer a hike in December.
3. Ghost Train Rail Trail Race
- Chris reported that more than 70 runners participated this year. The race coordinator is planning for 100 runners in 2011. Improvements to the trail were positively viewed by the runners. The commission members who helped on the day of the race felt it was well planned and well run.
4. NHACC Meeting
- Nov 6, Diane, Audrey, Becky attended the annual meeting this year. They all felt it was worth the time and effort.
5. EDAC report
- Chris The EDAC (economic development) is working on 3 fronts - website and marketing of the town; policy and procedure and land use.
6. Prison Crew Trail Work
- The week of Nov 15th, a crew of 8-10 low risk prisoners will clear the trails on the Rotch Preserve and also on sections of the rail trail.

1. November 27th hike
- Mayflower Hill Town Forest, meeting at 9am at Perkins St, hiking to Lyndeborough Rd in Amherst and returning.

1. Rail Trail and Other Trail Work
- Diane reported that progress was continuing. Sink holes south of Melendy Rd. have been repaired by Steve Trombly. Trees have been removed north of Melendy Rd. by Ed Mack. Chris and Diane marked trees between 101 and Armory for removal. Ed Mack will look at these and provide and estimate.
Fred reported that a draft RFP for engineering services has been prepared for the Melendy Rd. Pedestrian Tunnel. The RFP is being reviewed by various departments.
Chris and Diane noted that Centrix Bank has donated $350 for Rail Trail Improvements.
2. Expo Status
- Fred and Diane have met with Tracy Beardsley from Do-It and May Balsama from the Southern NH Chamber of Commerce. Both provided excellent guidance regarding our expo and both offered to assist.
Fred and Diane have also met with Wendy Friemann from Hampshire Hills. Hampshire Hills donation to the event is valued at $3600. Wendy provided technical input regarding the use of the tennis courts. Based upon Wendy's input and other considerations, the Expo date has been changed to Saturday, April 9, 2011.
The current plan is to have approximately 60 booths made up of 50% commercial vendors and 50% non profits.
We need to guarantee about $6,000 to cover the costs of the expo. Sponsors are needed to help with this. Commission Members were asked to provide contacts for possible sponsors and vendors.
There will be no programmed demonstrations. However, there will be a day long presence and less formal presentation of raptors. Three falcons and two hawks will be present. There will be opportunities to touch the hawks and for photos and questions. In addition, vendors will be provided with the opportunity to formally schedule brief presentations at their booths and these, as well as special sales, will be promoted by us.
Kim asked about a website. Diane said she will work on one.
Hampshire Hills is sending out information as part of their newsletter to 58,000 recipients and even more readers.
3. Monitoring
- The monitors' report for the Holland Farm property has been completed and has been mailed to SPNHF. The report for the Burns property is complete. The Rotch property (Mayflower) report is being completed (Wayne report, Becky pictures).
4. Budget and Warrant
- Diane advised the Commission that she had been before the Budget Advisory Commission. There were no major issues raised by the BAC. The budget is being cut by approximately 9%. This will mainly come from the supplies budget and mileage. Supplies are available from other Town sources. Fred and Diane and others have not submitted for mileage reimbursement so this item was zeroed. Offsetting funds may need to come from other accounts, if required.
A warrant article is being proposed for $15,000 for the Land Fund. The Commission received $15,000 last year but much of this is dedicated to projects that are on-going. The request will be on the BOS agenda on Monday, December 13, 2010. Audrey and Chris will be present to answer questions.

1. Acceptance of Donations
- Becky moved and Audrey seconded that the following donations be accepted and placed in the Rail Trail account:
   - Receipts from the Pumpkin Festival - $48.00    - Contribution from the Ghost Train Rail Trail Race - $687.50    - Centrix Bank Donation - $350.00
The vote was unanimous.
2. Easement Training
- This item has been postponed until spring.

1. Possible Procedural Changes
- Fred reported that there are some changes in the procedures that are being tried. It has been discovered that many departments do not see the result of the Planning Boards actions and it is not always clear what approvals contain. The Planning Department will now send out summaries of the Planning Board's actions. This should help all departments stay on the same page.
2. H2O Waste Disposal
- Plans were presented regarding this project. Fred noted that the plans are very minimal and that much more detail is being requested from the applicant. Kim outlined concerns regarding traffic, handling procedures, abutters and environmental concerns. Andy Hughes had emailed many of the same questions as well as questions regarding zoning and structures. Fred noted that the project exceeds 20,000 square feet of disturbance and will require a stormwater permit. Additionally, the operation currently exists. It is believed that it is a recyclable materials sorting center where trucks bring roll-offs of materials in and send roll-offs of the sorted materials out. This will be clarified.

1. Conservation Commission fund Raising
- This was not discussed
2. Trail Hikes
- Kim discussed the Mile Slip hike in October. There were several new faces amongst the hikers. Kim followed a non-traditional route. The hikers were treated to the appearance of a porcupine in a tree.
2011 Hikes were established as follows: January - Brox; February - Mile Slip; March - Joe English (Amherst); April - Tucker Brook (orienteering trail, compass training); May - Rail Trail; June - Ponemah Bog; July - Monson; August - Hitchiner; September - Andres Institute (Brookline); October - Mayflower/Patch Hill; November - Brox.