Town of Milton - New Hampshire

Conservation Commission

Meeting Minutes - Compiled Form

Important Note: If you wish "Certified" copies of Meeting Minutes you must get them at the Town Hall.

All minutes at this site MUST be considered DRAFT MINUTES

Date:

Workhopp

Members Present: Cynthia Wyatt, Emery Booska, Mike Tom Gray, Charles Karcher, Steve Panish (arrived at 6:50)

Meeting Called to Order by the Chair, Cynthia Wyatt at 6:15PM

The Chair read the minutes from the January 17th, workshop to the commission.

Tom Gray moved to accept the minutes.

Emery Booska seconded the motion

All in favor:  Unanimously

Agenda Items:

1. Develop Open Space Plan for Milton:

    Chair read a memorandum to the commission from Cynthia Belowski:

Memorandum

 DATE \@ "MMMM d, yyyy" February 28, 2008

To: The Milton Conservation Commission

From: Cynthia Belowski, Director of Land Conservation, MMRG

Notes from the Meeting with the Milton Conservation Commission 1/17/08

______________________________________________________________________________

Cynthia Belowski, Director of Land Conservation for Moose Mountains Regional Greenways (MMRG) explained to the Milton Conservation Commission (MCC) the objectives for the funding available to MMRG from the NH Estuaries Project.  The funding is to assist local communities improve and update their conservation plans.  The resulting products the group agreed they would like from this assistance include the following:

·                    A local action plan for conserving and protecting high priority lands due to their natural resource features.

·                    A map indicating the areas of high priority.

·                    A mailing list of landowners who own property within the land conservation focus areas.

·                    A presentation to the community land use boards and the public to review the plan.

·                    An Estate Planning workshop—invitations will be sent to the above identified landowners.

The group developed a list of natural resource features.  After discussion regarding the importance of each feature, each commissioner rated the resources in order of importance.  The ratings were then averaged.  Following are the results (one member who was not present still needs to weigh-in on this assessment):

1.                  Water Resources which include: public drinking water supply (well head protection areas and source water supply); surface waters including wetlands and floodplains; stratified drift aquifers (groundwater resources).

2.                  Large unfragmented blocks of land – these support wildlife and will likely have a variety of habitat

3.                  Forestland

4.                  Farmland

5.                  Scenic vistas to include ridge-lines

6.                  Recreation lands

We reviewed a map prepared by Strafford Regional Planning Commission that compiled all of the natural resource features into one place.  The group discussed how a lot of the area that encompasses the public drinking water supply land is already developed.  It will be important to review Town regulations to be sure this resource is adequately protected.  The large unfragmented blocks of land lie within the high priority core focus area and supporting landscape as identified in the Land Conservation Plan for NH Coastal Watershed.

Action Items

Cynthia B. will have Dale at SRPC develop another map with all of the same data plus identify the high priority wetlands as determined by the Blue Moon Environmental and the conservation lands in abutting communities for the next meeting.  

MCC will work at their next meeting to identify the priority areas and determine how they want to rate/rank them.  One idea was to identify areas that are high priority for regulatory focus and areas that are high priority for voluntary land conservation.

The Commission discussed the memoranda;

·                    Land being considered for conservation should allow public access. The Chair suggested a map from the Evergreen Snowmobile Club could be helpful, they have GPS all the trails. The Club could be a great advocate for conservation.

·                    C. Karcher agreed with the Chair farmland should be the third category on the prioritized list of natural resources.

·                    The Chair indicated the importance of land owners' awareness of conservation and the need for easements, with informative letters, accompanied by small maps that highlight their properties and the need and the benefits of conservation.

The Commission reviewed the Watershed Map of the Wetland Study Set, and determined the lots that fall in the watershed. The Land Use Clerk was asked to verify ownership, address, acreage and current use status of those lots.

Adjournment: The workshop was adjourned at 7:30 PM

Cynthia Wyatt

Conservation Chair

Kathy Wallingford

Land Use Clerk

Minutes

Members Present: Cynthia Wyatt, Chairman, Emery Booska, Mike McDonnell, Charlie Karcher, Tom Gray, Steve Panish

Meeting Called to Order by the Chairman, Cynthia Wyatt at 7:30PM

Agenda Items:

1.  Approval of Minutes: January 17, 2008    

E. Booska made a motion to approve the minutes

M. McDonnell seconded the motion.

All in Favor: Unanimously approved  

2.  Discussion Re:  Monitoring Conservation Easements

The Commission will continue to work on Monitoring Conservation Easements at future MCC Meetings

3.  Discussion Re: Follow up with SCCD regarding baseline documentation, and easement language on town owned lands.

The Commission will continue its work on baseline documentation.

4.  Discussion Re:  Developing criteria for Milton's Open Space Plan.

The Commission will continue to work on Open Space Criteria at future MCC Meetings 

5.  Discussion Re:  Town owned land Map 27 Lot 1, 92-acres-inventory (follow baseline criteria), investigate what organization to purchase as conservation land. Contact Nature Conservancy.  

The Commission will continue to work on at future MCC Meetings

6.  Discussion Re: Letter to treasurer, regarding Conservation Fund, the balance of the fund and the administrative procedures.

The Land Use Clerk is currently working with the Town Treasurer regarding the Conservation Fund.

7.  Discussion Re: Letter to Planning Board regarding length of cul-de-sacs 

Land Use Clerk will draft a letter on behalf of the Conservation Commission to the Planning Board regarding the length of cul-de-sacs.

8.  Discussion Re: Conservation fund payment for the Salmon Falls Headwater Project

The Commission reviewed the letter from the Chairman to the Town Treasurer regarding the Conservation fund payment.

February 5, 2008
Pam Arnold, Milton Town Treasurer
PO Box 310
Milton, NH  03851
Dear Pam,
The attorney representing the Society for the Protection of NH Forests is preparing an escrow account for funding for the Salmon Falls Headwater Project.
Please find enclosed a copy of the minutes from the Milton Conservation Commission's July 9th minutes, authorizing the expenditure of $25,000 toward this project.
As we discussed on the phone today, we will let the CD in the amount of $12,940 mature on the March 24^th deadline.  On or shortly after that date, we will need to use the funds in this CD, as well as the CD with $12,847 which matures in July in order to write a check for $25,000 to be sent to the Salmon Falls Headwater Escrow account. 

I will contact you in March with all the relevant information.

Thank you so much for your assistance.
 Sincerely,

Cynthia S. Wyatt

Chair, Milton Conservation Commission

9.  Discussion Re: Letter from NHDES Wetlands File #2007-00866 Micha Tasker, Middleton Rd. Milton NH -Map 39 Lot 1.

Reviewed and duly noted

10. Discussion Re: Letter from NHDES Wetlands File #2007-02545 Milton Fire Station, 460 White Mountain HWY., Milton NH -Map 42 Lot 168.

Review and duly noted

11.  Discussion Re: Land Use Review Form - Minor Lot Line Adjustment Application for Edward Brannan 385 Hare Rd. Milton NH Map 35 Lot 8-1 & 8-2.

Commission reviewed and signed off without comment for the Minor Lot Line Adjustment Application.

12.  Discussion Re: NHDES Wetlands Bureau 2007 Annual Wetland Restoration Report File #2006-02375 Ashwood Rd. Milton, NH Map 43 Lot 27-1

Reviewed and duly noted.

13.  Discussion Re: NHDES Wetlands Bureau 2007 Annual Wetland Restoration Report File #2006-02852 Briar Ridge Rd. Milton, NH Map 43 Lot 27

Reviewed and duly noted.

14.  Discussion Re: Moose Mountains Regional Greenways Annual Meeting

Reviewed and duly noted.

15.  Other Business:

• Handouts

The Commission asked Steve Panish at the last MCC Meeting to review the NHEP Grant. S. Panish stated the application for the grant appeared to be simple and it should be reviewed further. It appears that NHEP would assign someone to work with the Town with a project the Town is interested in pursuing. S. Panish indicated the NHEP will grant funds for 12-15 projects and this would be a good opportunity for the Town.

The Chair stated she had received information from Bruce Woodruff regarding a new grant from the Office of Energy and Planning which awards towns grants for planning for development that also conserves land.

Stage 1:   Research, mapping and data analysis - grants up to $20,000

Stage 2:   Growth and development strategy planning -grants up to 15,000

Stage 3:   Master plan updates - grants up to $15,000

Stage 4:   Implementation into the regulatory framework - grants up to $30,000

A total of up to $200,000 will be awarded to municipalities during this first application cycle.

Applications must be received by April 11, 2008 and awards will be announced by April 25, 2008.

The Chair will discuss this grant further with B. Woodruff.

Emery Booska moved to adjourned the meeting

Mike McDonnell seconded the motion

Unanimously approved

Meeting Adjourned 8:25 PM

Cynthia Wyatt

Conservation Chairman

September 10, 2007

Members Present: Cynthia Wyatt, Charlie Karcher, Mike McDonnell, Tom Gray, Emery Booska.

Cynthia Wyatt called the meeting to order at 7:03PM.

 1. Approval of Minutes:  August 13, 2007.

Motion made by Tom Gray to accept minutes of the August 13th with corrections. Seconded by Charlie Karcher; vote: unanimous.

Corrections:

Page 1: Motion made to accept, should have read: Motion made by Mike McDonnell to accept.

Page 3: C. Berry should have read: C. Jacobs; slop should have read: slope; though should have read thought.

C. Karcher stepped down to present the application.

2. Discussion Re: A Major Site Plan prepared by Scott Lawler of Norway Plains Associates Inc on behalf of applicant Sprinkler Systems Inc for property located on Industrial Drive (Tax Map 18, Lot 10.7 Industrial Zone) Milton, NH.

C. Karcher of Norway Plains representing Sprinkler Systems Inc. addressed the Commission stating he met with Pat smith and got his ok regarding the location of the driveway entrances. Additionally, there is a small wet area and they don’t' plan on doing anything with it. There will be 2 catch basins, bituminous curbing along the back to direct the water to two catch basins which will go out to the detention pond where the water will be treated. They won't be disturbing any wetlands. Mr. Karcher stated this lot was preexisting prior to the wetlands ordinance which makes this lot exempt from the 50 foot buffer. There is a no cut buffer of 200 feet around the cell tower. C. Wyatt asked if the detention pond will be maintained. Mr. Karcher said it will eventually because water will

not be sitting in there all the time. C. Wyatt asked if it will have sump pumps. Mr. Karcher said yes and they will be checked periodically. C. Wyatt asked if curbing mattered. M. McDonnell stated that if the Town takes over the road, granite curbing will be better. Mr. Karcher agreed adding that plow trucks wouldn't tear up granite curbing. E. Booska asked about parking spaces. Mr. Karcher stated there will be 24 parking spaces based on the Town's regulations. E. Booska asked about landscaping and if there are any provisions for landscaping around the wetlands. Mr. Karcher stated there is a landscape plan however he did not have it with him. Mr. Karcher explained what they planned to do for landscaping.

Motion made by Emery Booska that the Conservation Commission support this proposal and forward their support to the Planning Board at the meeting of the 18th. Seconded by Mike McDonnell.

Discussion:

C. Wyatt asked if there were any specific comments they wished to pass along to the Planning Board. M. McDonnell stated there was a concern at the Planning Board meeting regarding waiving 3rd party review of the drainage report however; because the Drainage Report was thorough, the Planning Board agreed to waive the review.

Vote: 4 in favor, Charlie Karcher abstained, motion passes.

3. Discussion Re: Phillip Bean Conservation Easement.

C. Wyatt commented that Mr. Bean expressed his concern and was not happy with the way things were moving along. M. McDonnell stated that we've been waiting on language. S. Ames stated she has yet to receive anything. C. Wyatt stated last year we had an informal meeting and at the next meeting we voted to endorse our conversation to approve a 150 foot buffer along the Salmon Falls River. C. Wyatt added this is a deed restriction not and easement. C. Wyatt stated she is not sure what happened at the Planning Board meeting but thinks Mr. Jacobs may have proposed an easement and the PB voted to approve the subdivision with the contingency written on the plan. When Phil came back and called Cynthia, he said they were going to go ahead and put the easement on the plan and C. Wyatt commented that it is a buffer, not an easement and that the CC recommended a buffer not and easement. C. Wyatt added this is a condition of approval which means it is mandated, not voluntary and he can't get the tax write off.  C. Wyatt asked Stacey if the CC could look at the conditions of approval. It was noted that the Conditions of Approval included an easement. C. Wyatt stated even though the CC recommended a buffer, the Planning Board approved it as an easement. C. Wyatt stated she would email Mr. Bean and tell him he may not have to do an easement and it looks as though a buffer may work out. C. Wyatt asked if the PB approved the subdivision contingent on an easement, can he go back to the Planning Board. Mr. Karcher said he could but will have to re-notify the abutters and go back to the Planning Board to try and get that changed but with our recommendation; it shouldn't be a problem to change it to a buffer. C, Wyatt suggested speaking with Mr. Jacobs and request a copy of the latest plan for Mr. Bean's subdivision.

3a. Land Use Review Form Re: : A Major Subdivision/Lot Line Adjustment prepared by Chris Berry of Berry Surveying & Engineering on behalf of applicant Gary Burnham for property located on Governors Road (Tax Map 36, Lot 10 Low Density Residential) Milton, NH.

The CC reviewed and discussed this application and stated;

            1. Planning Board should check to make sure adequate building area of 25% or less slopes.

            2. CC sees no apparent impact on wetlands; we see no need for buffers on 2.16 acre lot. Wetland buffer required on 2 acre lot.

 4. Discussion Re: Monitoring Conservation Easements.

E. Booska stated he has not met with the Thompson School yet but he has met with the Director who gave him the go-ahead to meet with the faculty. C. Karcher stated he met with Matt Chagnon with the Thompson School and he was interested in the project.

7. Discussion Re: Planning for natural resource prioritization for the TDR ordinance

C. Wyatt stated the Water Resources Committee with the NROC group prioritized Open Space protection and they have an immediate goal of meeting with DES about the damn and who controls it and why. C. Wyatt added because the grant money Moose Mountain has, the Town could have some free help and prioritize water resource areas in the town. NROC would like to have a forum that DES will come to and talk about in a proactive way to solve these issues. C. Wyatt added she will talk with Cynthia Belowski of Moose Mountain Regional Greenways and see if there is enough grant money to have them help us with this and help the other group.

8. Discussion Re: NH Estuaries Impervious Surfaces & Conservation Areas.

C. Wyatt stated they will wait until the next notice comes out and some of them can go.

9. Discussion Re: Evaluate Conservation value, tax acquired property 27/1, 92 acres.

C. Karcher stated there was no road frontage besides the Spaulding Turnpike and asked if the Town will approach the Nature Conservancy prior to auction. C. Wyatt stated they can't do that but the Town can put a conservation easement on it, keep it as conservation land. T. Gray said they could talk about it. E. Booska asked if the Town could sell its development rights to the Conservancy. C. Wyatt said they won't want to do that; the Town should put a conservation easement on it and open it to the public. E. Booska asked how people will get to it. C. Wyatt added it's got access from the Nature Conservancy property and they do not post their land. C. Wyatt asked if they could make a recommendation to the Town to retain ownership and put a conservation easement on it. T. Gray stated they could and they will look at it.

Motion made by Emery Booska to keep this item on the agenda with the idea there may be more information available to make an informed decision as to what their recommendation to the Board of Selectmen will be. Seconded by Mike McDonnell; vote: unanimous.

10. Other Business:

            1. Natural Resources Consulting Services RE: Wetlands Violation Investigation File 2005-2859

C. Wyatt read the letter and stated it is duly noted.

            2. DES Wetlands Complaint File 2005-2859, Three Ponds Investment, Tax Map 23, Lot 44.

C. Wyatt read the letter and stated it is duly noted.

            3. DES Complete Forestry Notification Tax Map 40, Lot 23-3.

C. Wyatt read the letter and stated it is duly noted.

            4. NH Estuaries Project Tour of the Great Bay.

C. Wyatt asked if anyone wanted to go and there were no takers.

            5. DES Notice of Administrative Incomplete Standard Dredge and Fill Application. Tax Map 43, Lot 27.

C. Wyatt read the letter and stated it is duly noted.

            6. DES Wetlands File 2007-00381 RSA Development Tax Map 43, Lot 24.

C. Wyatt read the letter and stated it is duly noted.

            7. DES Wetlands Bureau Restoration Plan Approval: File 2005-2859 Three Ponds Investment, Northeast Pond Road, Tax Map 23, Lot 44.

C. Wyatt read the letter and stated it is duly noted. E. Booska added it is hard to know what is going on up there and it's good to have the opportunity to get updates from David Price.

            8. Gary Trembley Lot 5.

S. Ames received a memo from Chris Rose; Town Administrator stating the BOS did not want this parcel. The Home Owners Association is supposed to control it pursuant to the property owners bylaws Article III, Section 1 (A)(2) page 2 of 12.

11. Adjournment.

Motion to adjourn made by Charlie Karcher. Seconded by Tom Gray; vote: unanimous

Meeting adjourned at 9:11PM

Cynthia Wyatt, Conservation Chair

Respectfully Submitted,

Stacey Ames

Land Use Clark

August 13, 2007

Members Present: Cynthia Wyatt, Charlie Karcher, Mike McDonnell, Tom Gray, Emery Booska.

 Others Present: Frank Sullivan, Mark McClintic, Relf Fogg, Leonard Debow, Chris Jacobs.

Cynthia Wyatt called the meeting to order at 7:06PM.

 1. Approval of Minutes:  July 9, 2007 Special Meeting.

Motion made to accept minutes of the July 9th Special Meeting with corrections. Seconded by Charlie Karcher; vote: unanimous.

Corrections:

Page 1: With all that in mind…should read: Mr. Speltz stated with all that in mind.

1(a). Approval of minutes: July 9th Regular Meeting.

Motion made by Mike McDonnell to accept with corrections. Seconded by Emery Booska; vote: 3-0 Passes. Tom Gray and Charlie Karcher abstain.

Corrections:

Page 1: 2nd sentence; The plan shows two lots but "I want" (should be Mr. Shannon wants).

Page 3: Item #4; Mr. Jacobs is noted twice, remove one.

Page 3: Item #4; Mr. Jacobs stated as far as the wetlands go, there are wetlands but we (insert: will not) be disturbing them.

2. Discussion RE: Michelle Beauchamp with SRPC.

Mrs. Beauchamp stated she was here for clarification/interpretation of zoning Wetlands Conservation Ordinance. Section G: Lot Determination in Wetlands:

Mrs. Beauchamp read the Ordinance and asked what their intent was. C. Wyatt asked how people are interpreting it. Mrs. Beauchamp stated it's been interpreted that the 25% minimum is 25% of the minimum zoning requirements. Mrs. Beauchamp commented she wanted to be sure she was interpreting it correctly for her reviews. C. Wyatt stated that’s the way it's written and should not be interpreted any other way. C. Wyatt added she hasn't looked at or thought about it and asked Mrs. Beauchamp if she was asking if it's a 10 acre lot, would it be 25% of the 10 acres. C. Wyatt stated she does not believe that was the intent. Mrs. Beauchamp added she will probably come back with some recommended changes to the Ordinances as well as address very poorly drained wetlands.

3. Discussion Re: Phillip Bean Conservation Easement.

Tabled until the CC is provided with easement language.

4. Discussion: Mark McClintic addressed the Commission expressing his desire to erect a stone retaining wall along the lake front of his property. He stated he will be applying for a permit from DES. Mr. McClintic added he has had some problem with erosion and roots of three maple trees becoming exposed and starting to lean. DES made the previous owner remove the retaining wall that was once there and Mr. McClintic would like to put the same retaining wall back up.

Relf Fogg, a mason who had built the previous wall and will build the new wall, stated he was informed he will need to file a Permit by Notification which is based on existing structures. C. Jacobs stated he thought they would need a Major Permit because he's not replacing it with exactly the same materials. C. Karcher added Mr. Fogg can go onto the DES web-site and print out the appropriate permit he will need. Mr. McClintic thanked the Commission.

5. Discussion: Mr. Frank Sullivan, a resident of Bolan Road, noticed in the last week or so someone has marked off the right of way that abuts his property. Mr. Sullivan thinks they are trying to make an access road from Northeast Pond Road through to Bolan Road by his house. Mr. Sullivan stated his concern is the amount of wetlands in the area as well as a pond. Mr. Sullivan wanted to know how far the wetlands cross through there and what the definition of wetlands is. C. Karcher stated there are three criteria for an area to be considered jurisdictional wetlands and they are; hydric soils, hydrology, as well as wetland plant life. Mr. Karcher added the area will need to be mapped by a wetlands scientist.

C. Karcher stated if it's something you think is wetlands and you see someone in there dumping gravel and you haven't been notified by certified mail, then you call the wetlands board and they will send out an inspector and if it wasn't done the right way, he'll put a cease and desist on it.

6. Monitoring Conservation Easements:

C. Wyatt asked E. Booska if he had a chance to ask about the students monitoring the easements. C. Wyatt stated she had a phone conversation with Charlie about it and they think they can make time but will have to have special meetings and go through all the easements and establish base line information and little by little go out and look and set up the easement signs. C. Wyatt added it was extremely important to establish procedures for doing this and to do it every year.

E. Booska stated he would contact the Thompson School and he's been on campus once and the faculty wasn't there however; he should be back on campus within the next couple weeks when school should be in session and he will follow up with them at that time.

7. Discussion Re: Major 5 lot Subdivision prepared by Charlie Karcher of Norway Plains Associates on behalf of applicant Brian Turgeon for property located on Middleton Road Tax Map 29, Lot 5 (Low Density Residential Zone) Milton, NH.

C. Karcher addressed the Commission and explained the original 18 lot subdivision he brought to them a few months ago has changed to a 5 lot subdivision with the 5th lot being the remaining 50+ acres. Mr. Karcher explained there are 2 small wetlands crossings; one being 600 square feet and the other being 165 square feet. Mr. Karcher added there will be 1 driveway to service 3 lots. Mr. Karcher informed the Commission there is a scheduled site walk on August 23rd at 5:30. Mr. Karcher commented he wanted the Commission to be aware the parcel has been logged but not clear cut.

8. Discussion Re: A Major Site Plan Application submitted by Chris Jacobs of Crown Point Surveying & Engineering LLC. on behalf of applicant Robert Frizzell for property located on Rte 75 & Commerce Way (Map 45, Lot 76-1 Industrial Commercial zone) Milton, NH.

C. Berry stated the Planning Board asked him to come back to the CC and update them on a few changes. Mr. Jacobs explained exactly how far away Lyman Brook was and where the easement is. The closest point that is not under DOT ownership is 992 feet away from the edge of Lyman Brook. Mr. Jacobs stated all the water from the site is directed towards catch basins and that water will get directed to a detention basin. Mr. Jacobs stated he had to move the well closer to the wetlands and pull 50 feet back from the wetlands for the construction of the detention pond. Mr. Jacobs commented that the Landscaping Plan shows there is to be loam and reseeding to stabilize the slopes. M. McDonnell asked Mr. Jacobs about bituminous curbing and stated it would be a good value to use granite curbing instead. C. Wyatt asked Mr. Jacobs if it would be possible to have some plantings on the slop to help hold the steeper slope and protect the wetlands. Mr. Jacobs stated he doesn't see a problem with that.

Chris Jacobs thanked the Commission.

9. Discussion Re: Cutting for Conversion.

C. Wyatt stated we already discussed this and we will be working with M. Beauchamp on a Landscape Ordinance.

10. Discussion Re: Planning for natural resource prioritization for the TDR ordinance.

C. Wyatt stated we need to have a workshop on this and it would be good if we had priority lands on a list. C. Wyatt stated we could get some help from Moose Mountain Regional Greenways has a grant to help towns and C. Wyatt asked if they would prioritize Milton. The grant would pay for a couple sessions with Cynthia Belowski and she could do some of the research. C. Wyatt stated if it was ok with the rest of the Commission, she would call Cynthia Belowski to come and talk with the Commission about it. The other members though it was a great idea. M. McDonnell asked if the TDR was specifically for industrial and commerce or residential too. T. Gray stated it was across the board however; you definitely see more industrial and commerce.

10. Discussion Re: NH Estuaries Impervious Surfaces & Conservation Areas.

            C. Wyatt stated we will table for the next meeting.

11. Other Business:

            1. Notice of Administrative Completeness. File # 2007-01508 Tax Map 32 & 37, Lot ROW.

C. Wyatt stated it was duly noted.

            2. Request for more information. File # 2007-00866 Micha Tasker, Middleton Road, Milton. Tax Map 39, Lot 1.

C. Wyatt stated Mr. Tasker needs to address the CC comments and possible come to a CC meeting to discuss with the Commission.

            3. DES Wetland File # 2006-2375, RSA Development Ashwood Road, Tax Map 43, Lot 27-1.

C. Wyatt stated it was duly noted.

            4. DES Wetland File # 2006-2852, RSA Development Briar Ridge Tax Map 43, Lot 27.

C. Wyatt stated it was duly noted.

            5. Natural Resources Consulting Services Re: Diamond Heart Properties, Milton NH.

C. Wyatt asked to see the conditions of approval from the Planning Board. The CC reviewed the conditions and discussed the plan. C. Wyatt stated it looks like it has been reviewed and everything looks ok.

            6. DES Shoreland Waiver Tax Map 33-278, 42 Lakeside Drive, Milton.

C. Wyatt stated this is duly noted.

C. Karcher asked if they had a building permit. M. McDonnell commented the Myricks were expecting to come to the Planning Board but Hank stated he had already issued them a building permit because they received the waiver from the State. M. McDonnell stated they are doing work and they've done a DES approved restoration of the embankment which was slumping into the pond. M. McDonnell stated he wasn't sure if they should still have to go through the Planning Board process or if they should consider the situation overcome by events. C. Wyatt asked if they are still willing to go through the process. T. Gray asked what exactly the Myricks are doing. S. Ames stated they are turning their garage into living space. T. Gray commented they are not adding onto the building. M. McDonnell stated no but all the work they are doing is within 50 feet of the water and that is why they needed a waiver. E. Booska asked if it would have an impact on their septic system. M. McDonnell added they put in a brand new septic further away from where the other one was. T. Gray stated he and Hank have had conversations about this and T. Gray stated he doesn't see where the Planning Board really has a say. C. Karcher stated the whole premise behind the Shoreland Protecting Application was to bring people before the Board so we could educate them. C. Karcher added all the applicant needed to do was come in with their septic design so we could explain things such as not cutting down the trees and check the drainage to help protect the lake. S. Ames stated there is more to it than that. The applicant is required to pay a substantial amount of money. Abutters need to be notified by certified mail, Foster's Daily Democrat will have a public notice as well as application fees. M. McDonnell commented that he would want to be notified if his neighbor was doing a project in his neighborhood. C. Wyatt stated they enacted that ordinance prior to having a full time Code Enforcement Officer. There was discussion about recommended changes to the building permits. C. Wyatt asked if the Shoreland Protection area was added to the permits. S. Ames stated no. C. Wyatt asked if the recommended changes ever got shared with Mr. Soucy. S. Ames stated it was quite a while ago and she thinks she put a bug in his ear however she is not definite. E. Booska wanted it in the minutes.

Motion made by Emery Booska that they resurrect the recommendations that were developed for a revised building permit and that it get circulated to the Planning Board, Selectmen, and the Code Enforcement Officer and that the new supply of permits dictate the recommendations as an attachment to the present building permits. Seconded by Cynthia Wyatt; vote: unanimous.

            7. Tidelines: New Hampshire Costal Programs

S. Ames expressed this was for leisurely reading.

            8. NH Estuaries Project; Tours of the Great Bay.

C. Wyatt asked if anyone was interested in going adding they should think about it and will discuss it at the September 10th meeting.

            9. Fraggle Rock Environmental Services: RE: DES Wetlands File #2007-00381 RSA Development-Ashwood Road Map 43/24.

C. Wyatt read the letter and stated it was duly noted.

            10. Global Warming Solutions Conference.

C. Wyatt suggested passing this along to Tim Molinero from the new energy committee.

            11. E. Booska wanted to comment on a news article in Saturday's paper regarding impervious surfaces. The article commented on a project done by UNH and parking lot impervious surfacing. E. Booska added that he wanted to contact UNH and ask when they have information regarding their research to forward it to him.

            12. C. Wyatt wanted to inform the commission about Moose Mountian Regional Greenways woods, wildlife and water festival at her farm. It will be from 10-2 with games, food, a band, cow chip derby and all kinds of fun stuff for kids.

12. Adjournment.

Motion made by Charlie Karcher to adjourn. Seconded by Mike McDonnell; vote: unanimous.

Meeting adjourned at 9:07PM.

Cynthia Wyatt, Conservation Chair

Respectfully Submitted,

Stacey Ames

Land Use Clark

July 9, 2007

DRAFT

Members Present: Cynthia Wyatt, Charlie Karcher, Mike McDonnell, Tom Gray, Emery Booska, Steve Panish.

 Others Present: Chris Jacobs, Cynthia Belowski, and James Shannon.

Cynthia Wyatt called the meeting to order at 7:05PM.

C. Wyatt stated Steve Panish was sitting in for Tom Gray.

 1. Approval of Minutes:  June 11, 2007

Motion made by Mike McDonnell to accept the minutes as amended. Seconded by Emery Booska; vote: unanimous.

Corrections:

Item 1: Minutes

The date of May 14th should have been included.

Item 2:

Page 2: Item 5: "placed however; the silt" should have read, "place. The silt".

2. Discussion RE: 134 Elm Street (map 48, Lot8 and 8-1). James Shannon for wetlands setback discussion.

Jim Shannon handed out copies of a septic plan provided by Crown Point for the previous owners of the property. The plan shows two lots but I want to talk about the new lot 8-1. Mr. Shannon asked if the CC had a chance to walk the property. C. Wyatt stated no, they didn't have time. Mr. Shannon stated he was hoping they had a chance to familiarize themselves with the property prior to talking about it to see the lay of the land and how the property presently exists and what he would like to do. The septic plan shows a mobile home which is entirely outside the wetlands setbacks and it shows the left front of the property where the proposed new home would be. You can see along the stonewall to the right, it shows a driveway hugging the left property line to access the rear parcel which is shown as lot 8. The new proposed home location is quite tight to the shared driveway easement area. I'm here tonight to talk with the Board to be able to put the house somewhere further in the wetlands setback than is presently shown. Having the home as close to that driveway as it shows now is a potential safety issue for anyone who may purchase the home and have children. I would like to bring a plan to the Zoning Board that would show that I've brought it to the Conservation Commission and you support it. The wetlands are essentially man made and no one would want to have that as a back yard. Another key thing is the property formally had a large stand of pine trees and previous owners tenants asked if they could get rid of some of the pine trees so they could have a back yard. The tree cutter came in and made a mess with stumps, limbs, and what they didn't want for wood they left behind.

Mr. Shannon reiterated his reason for being here is to find better placement for the home not so close to the driveway and secondly, cleaning up. The clean up is clearly within the 50 foot wetlands buffer but if you take a site walk, it will show you the absolute mess.

S. Panish asked for clarification. Chris Jacobs explained the history of the property explaining what the previous owners planned to do with the property didn't work out and they sold it to Mr. Shannon. C. Wyatt asked Mr. Shannon to show the approximate location of the proposed home. Mr. Shannon drew it on her map and she passed it around for the other members to look at. C. Wyatt asked if Mr. Shannon was going to the Zoning Board. Mr. Shannon stated he has to but wanted to bring the CC's knowledge and agreement with him. Mr. Jacobs stated there is an exception policy in the Zoning Ordinances which says if it is an existing lot or home, you do not need to go to the Zoning Board. M. McDonnell asked what the zoning is. Mr. Jacobs stated it was High Density because it has water but it doesn't have a septic. C, Wyatt asked if they will be putting in a new septic system. Mr. Shannon stated yes it is shown on the plan and was already approved by the State. Mr. Jacobs added the new system is further from the wetlands than the original system. S. Panish stated it's not going to be worse than what is there now. C. Wyatt agreed adding she is pleased to see the septic system outside of the 50 foot radius. M. McDonnell asked if the stumps and debris he wants to remove are in the wetlands. Mr. Shannon stated that yes, some of them are. M. McDonnell asked if he wanted to grind the stumps. Mr. Jacobs commented that he can't. He will have to go in and manually cut the stumps down closer to the ground but he can't mechanically bring in a grinding machine into the wetlands or bring in a backhoe to pull them out without a permit from DES.

Motion made by Emery Booska stating the proposed change is an effort to improve an existing situation and the Conservation Commission accepts the suggestions as proposed by James Shannon and Chris Jacobs. Seconded by Steve Panish.

Discussion:

C. Wyatt asked to amend the motion to add the septic system remains outside the 50 foot wetlands setback.

Motion made by Emery Booska stating the proposed change is an effort to improve an existing situation and the Conservation Commission accepts the suggestions with the septic system to remain outside the 50 foot wetlands setback as proposed by James Shannon and Chris Jacobs. Seconded by Steve Panish; vote: unanimous.

3. Discussion Re: Phillip Bean easement along the Salmon Falls River to be used as match for the Salmon Falls Headwater Project.

Cynthia Belowski from Moose Mountain Regional Greenways presented a plan and asked Chris Jacobs how much frontage there was on the property. Mr. Jacobs stated there was approximately 1800 feet. C. Wyatt asked if there was any public access. Mr. Jacobs showed the members some photos he took of the property and explained how the public can access the property. Additionally, Mr. Jacobs stated Mr. Bean will have no problem with people fishing or kayaking or walking the riverside. C. Belowski stated they talked about, in the easement, allowing public access in the green area. Stating in the conservation easement deed that the owner has the right to post "No Trespassing" signs along the building area. S. Panish stated that Mr. Bean needs some way to protect his property against vandals. S. Panish asked what they gain by having this easement. Mr. Jacobs explained with the easement, people won't be able to clear it for a river view. C. Belowski added it will be a no cut zone. C. Belowski asked if there was a reason for a site walk. C. Wyatt stated it would be a good idea if the CC is going to hold the easement. S. Panish asked what the total acreage was. Mr. Jacobs stated about 3-4 acres. C. Belowski stated that what she was offering from Moose Mountain Regional Greenways is to take a look the conservation easement language and take a look around for similar language and come up with a draft. Mr. Jacobs stated that Mr. Bean asked him to take care of that so any language Cynthia comes up with to forward to him and he will get it off to Mr. Styles of Title Pro to draw it up. Mr. Jacobs added he thinks Mr. Bean is willing to pay to have the easement put together. C. Wyatt stated we will table it until we have the easement language. C. Belowski asked Mr. Jacobs about timing for the easement language. Mr. Jacobs commented he was looking at a September/October time frame. C. Wyatt stated they should have an executory interest. C. Belowski said it was up to the Town. E. Booska asked that the record show on agenda item #3, easement along Salmon Falls River, that the CC is favorably disposed to allow Cynthia Belowski to proceed in developing draft easement wording and other appropriate contents so the CC can consider at another meeting.

4. Discussion Re: Frizzell Site Plan, Map 45, Lot 76-1.

Chris Jacobs of Crown Point Surveying & Engineering explained Mr. Frizzell's proposed site plan. Mr. Jacobs Mr. Jacobs stated one of the big things proposed is a Park & Ride out front. Mr. Jacobs stated as far as the wetlands go, there are wetlands but we be disturbing them. Mr. Jacobs added he wants to use vortechnics engineered basin system which has a  swirling action which takes out the sediment and the next two chambers take out suspended solids and organics so the water will be much cleaner. M. McDonnell asked if it was a maintenance free system. Mr. Jacobs stated no it will need to be inspected on an annual basis. S. Panish stated he would like to see some visual barriers so people know there is something there but it won't be glaring. S. Panish also added he thought the Town wasn't allowing internally lit signs. Mr. Jacobs stated he will look into it. C. Wyatt asked the distance from the gas pumps to the river. Mr. Jacobs stated it is about 700 feet. Mr. Jacobs added the reason for the closed system and the catch basins is that all the catch basis are going to have a gas hood, what that does is it forces the incoming water down and the volatile organics will settle to the top so if there was a fuel spill, the water will go into the basin and the volatile organics will automatically go to the top and the gas can be absorbed by a cushion.  Mr. Jacobs asked the CC what they would like him to do at this point. C. Wyatt stated there is concern about the droplets of gas and where they will end up in regards to runoff. Mr. Jacobs stated he lives down stream and is also concerned. Additionally, Mr. Jacobs stated he is not designing the gas tanks because the State is changing the requirements constantly. The CC members requested their presence at the site walk. Mr. Jacobs thanked the commission.

5. Discussion Re: Donation of land to Milton's Conservation Commission by Gary Tremblay:

C. Wyatt read a letter from Attorney Richard Sager summarizing that Mr. Tremblay would like to convey Lot 5 of the subdivision that he had approved by the Milton Planning Board on July 13, 2004. S. Panish stated the CC can not take title, only the Town can. C. Wyatt stated the Selectmen would appreciate our input.  The CC members looked over the copies provided by Mr. Sager. C. Wyatt asked how many acres. E. Booska stated about 5. C. Wyatt added the CC should not hold small parcels and it should be up to the Homeowners Association to take over ownership. C. Wyatt asked Stacey to contact Rick and stated it is the CC's understanding in our Cluster Development Ordinances that the Homeowner's Association is the owner of the easement property. C. Wyatt looked at the old Cluster Subdivision Ordinance obligated us to hold easements on these small parcels. S. Panish stated he has no objection of the Town taking title. After looking over the Cluster Subdivision Ordinance C. Wyatt suggested passing this on to the Selectmen's accompanied by a copy of the old Cluster Ordinance to get an endorsement from the Selectmen to take ownership of the parcel. S. Panish added that Stacey call Rick Sager and explain what the CC is doing and to also get on the BOS Agenda.

5. Discussion Re: Cutting for conversion.

Tabled.

6. DES Letters

            1. DES Wetlands Complaint File # 2005-01154, 126 St. James Ave.

C. Wyatt read the letter and stated it was duly noted.

            2. DES Complete Forestry Notification File # 2007-01378.

C. Wyatt read the letter and stated it was duly noted.

7. Other Business:

            1. Invoice UNH Cooperative Extension; Water Monitoring $716.00

Motion made by Steve Panish to pay invoice # LMP526 to UNH Cooperative Extension in the amount of $716.00 for the Milton Ponds water quality monitoring expenses. Seconded by Mike McDonnell; vote: unanimous.

            2. Monitoring Conservation Easements.

C. Wyatt expressed her concerns regarding the monitoring of conservation easements stating that the Town must hire someone because there is no time or expertise to do it on a volunteer basis. S. Panish suggested contacting the Thompson School and perhaps they could take it on as a project. E. Booska asked if any of the CC members would oppose to him speaking with the Director of the Forestry program and see if they could do some. There were no objections. S. Panish added we will need to set up a parameter of exactly what the CC wants and expects them to do and that they are a good source to look at.

            3. Society for the Protection of NH Forests.

S. Panish received a check from the Society for the Protection of NH Forests made out to the Town of Milton which should have been made out to Mary Current. The check was intended to help defray cost of an easement and needs to be redirected to Ms. Current.

Motion made by Steve Panish that a grant from SPNF in the amount of $1507.00 intended to defray costs of easement is deposited into Milton's General Fund and a second check be cut to Mary Current in the same amount of $1507.00. Seconded by Charlie Karcher; vote: unanimous.

            4. New Hampshire Estuaries Project:

C, Wyatt read the letter regarding impervious surfaces and conservation areas. C. Wyatt asked that we hold onto this and look at it during the next meeting. S. Panish took the information to look over.

8. Adjournment.

Motion made by Emery Booska to adjourn. Seconded by Mike McDonnell; vote: unanimous.

Meeting adjourned at 9:05PM.

Cynthia Wyatt, Conservation Chair

Respectfully Submitted,

Stacey Ames

Land Use Clark

DRAFT

Members Present: Cynthia Wyatt, Charlie Karcher, Mike McDonnell, Tom Gray, Emery Booska.
Others Present: Mike Speltz and Cynthia Belowski.
Cynthia Wyatt called the meeting to order at 5:40PM.

Salmon Falls Headwaters Project.
C. Wyatt stated this was a Special Meeting to discuss the Salmon Falls Headwater project And Mike Speltz was joining us to talk about the project and to see if we will support it and provide a donation from the Conservation Fund. Mr. Speltz handed out maps and pictures of the area. Mr. Speltz commented the property that initially caught his interest was the 343 acres owned by Howard Jappe. Mr. Speltz added it is a beautiful piece of property in terms of conservation value for a number of different reasons. First being the water quality, the property is steeply sloped down to the Salmon Falls River so water gets moving real fast and keeping that as buffered vegetated landscape is important to the water quality in the Salmon Falls River. Downstream we've got Somersworth's public water supply all the way down to Portsmouth. That is the primary reason for protecting the property but along with that is a tremendous amount to habitat value. What is unusual is in the 343 acres, there is a mix of habitat; going form open fields to upland forests to at least three different kinds of wetland habitat. Thirdly, it has great recreation potential. Mr. Jappe spent a lot of time maintaining a road that runs through the property offering some great hiking opportunity on a maintained gravel road.

With all that in mind, the Forest Society that I represent along with Fish and Game are trying to figure out how best to conserve this and still meet Mr. Jappe's wishes of disposing of the property but hopefully doing it in a way to keep it in it's natural state.
Our plan includes a Land & Community Heritage Investment Program (LCHIP) application and that application will be going in on the 20th of this month and unfortunately the LCHIP is different from the Federal program in which it requires a cash match. Originally we had planned to provide the match by using donated interests in land. We will still be able to do that however; LCHIP requires ½ of the match to be in cash and up to ½ in donated land. If we can get some help from the Conservation Commission that will help us move forward and require us to find individuals to donate cash.
Mr. Speltz stated he is trying to come up with a great competitive story to present. He added we've got a great story in terms of natural resources; we've got a great story in terms of the fact that Mr. Jappe is offering to sell the land at far less than the assessed value and that is where we can get part of our match for the LCHIP funds. Mr. Speltz stated he has already received a pledge of $30,000 by a charitable foundation in addition to Charlie Karcher and Siemon Trust offering to donate an easement of their land.
Mr. Speltz asked if any of the members had any questions. E. Booska asked if the downstream people, below us, has there been any information has been conveyed to any of those conservation groups, cities, or towns. Mr. Speltz stated no, we were his first stop but he will certainly be going to them. C. Wyatt asked if anyone else had any questions and commented that Mr. Speltz was looking for see if the Conservation Commission could commit a figure because it adds a lot of value to the application to see support from the community. E. Booska asked if we had a figure of what we have left in that account. C. Wyatt stated it's around $43,000. E. Booska stated that the Conservation Commission may have some other activities they might be considering but this seems to be a reasonable and worthwhile endeavor. C. Wyatt added it's huge in terms of the watershed and we have a lot in our Master Plan to support this.

Motion made by Emery Booska that the Conservation Commission supports this endeavor of at least 50% of what we have in our fund. If other members wish to go further, we can amend the motion. Seconded by Mike McDonnell for discussion.

Discussion:
M. McDonnell asked Emery what else he had in mind for projects. E. Booska stated not knowing where we were going with the Cost of Community Services and other things associated with that, who knows what's going to come out of some of those. T. Gray asked if at this point we were looking at approximately $21 or $22,000.00. C. Karcher commented he feels the CC should at least match what they did for the Tenerife Mountain Blueberry project and that was $25,000.00.

Motion amended by Emery Booska to support a disbursement in the amount of $25,000. Seconded by Mike McDonnell; vote: unanimous.

Adjournment.
Motion made by Tom Gray to adjourn. Seconded by Mike McDonnell; vote: unanimous.
Meeting adjourned at 6:00PM.

Cynthia Wyatt, Conservation Chair
Respectfully Submitted,
Stacey Ames
Land Use Clark

Members Present: Cynthia Wyatt, Charlie Karcher, Mike McDonnell, Tom Gray.

 Others Present: Lisa Rhys and Tim Molinero.

Cynthia Wyatt called the meeting to order at 7:05PM.

 1. Approval of Minutes:

Motion made by Mike McDonnell to accept the minutes with corrections. Seconded by Charlie Karcher; vote: unanimous.

Corrections:

Page 1: Item 2; First paragraph under condition 2, "they" should read "the".

Page 2: Last paragraph; "tom" should read "Tom", grammatical correction to sentence reading; NROC is facilitating the CCSSC to do some "naturally resourced based planning for the town."

Page 3:  Item 4 "suggesting" should read "suggested" and "saying" should read "say" and "however" should have a ";" after it.

Page 5: Item 7; "voye" should read "vote".

2. Discussion Re: A Major Site Plan Application submitted by Chris Jacobs of Crown Point Surveying & Engineering LLC. on behalf of applicant Robert Frizzell for property located on Rte 75 & Commerce Way (Map 45, Lot 76-1 Industrial Commercial zone) Milton, NH.

There was lengthy discussion concerning the drainage of surface water and whether there would be treatment devices. C. Wyatt expressed her concerns about the wet lands in that area and hopes future zoning will not allow gas stations on important water ways. M. McDonnell added his concern wondering if the Town has the fire fighting capabilities. The Board asked Stacey to contact Mr. Jacobs of Crown Point Surveying & Engineering and request his appearance at the next CC meeting to discuss the plans. C. Wyatt filled out the Land Use Review Form stating the CC's major concerns are the stabilization of the banking all around the wetlands to be sure the wetlands are protected and that surface water drainage be directed towards treatment devices. The CC stated they wanted to be present at the site walk.

3. 14th New Hampshire Lakes Congress Annual Meeting Reg. form.

Stacey handed out copies of the flyer. C. Wyatt asked if there was money in the budget to attend. T. Gray checked the budget and stated there was $850.00 available for training. C. Wyatt asked if anyone was interested they could pay their own way and get reimbursed after.

4. NH Estuaries Postcard Re: Free Tech. Assistance.

C. Wyatt asked what the due date was. M. McDonnell stated it is September 28th. C. Wyatt stated she would keep this in mind.

5. NH Estuaries Project maps.

C. Wyatt stated we have the maps and we are all set.

6. Stormceptor CD and Flyer.

The members look over the flyer and decided this was something more suitable for Pat Smith and asked Stacey to pass it along.

7. DES Letters.

            1. Wetlands File 2007-00381 RSA Development.

C. Wyatt read the letter and stated it was duly noted.

            2. Wetlands File 2004-01476 RW Real Estate Development

C. Wyatt read the letter. T. Gray stated he thought the driveway was 15 feet and life safety code requires 20 feet. C. Wyatt read the minutes from the March 12th meeting which stated an agreement was made between Mr. Lancy and the Fire Chief in which they agreed the driveway would start at 15 feet and gradually increase to 20 feet on the uplands. C. Wyatt stated they would keep it in mind.

            3. File 2007-00866 Micha Tasker Response letter.

C. Wyatt read the letter and stated it was duly noted.

            4. Wetlands File 2006-02375 RSA Development.

C. Wyatt read the letter and stated it was duly noted.

            5. Wetlands File Complaint 2006-3058 Sullivan.

C. Wyatt read the letter. Tim Molinero, a neighbor to the aforementioned Wetlands Bureau Complaint, voiced his concerns stating the silt fencing has been put in placed however; the silt fencing is about 6 inches above the ground. C. Wyatt asked if anyone had time to go take a look at the fencing. C. Karcher said to email Dave Price and he would probably go take a look. C. Wyatt asked Lisa Rhys if she would be able to take pictures and email them to Stacey we could forward them to DES.

            6. Wetlands File 2006-02375 RSA Development.

C. Wyatt read the letter of Administrative Completeness and stated it was noted.

            7. DES Wetlands File 2006-2852 &2006-2375.

C. Wyatt read the letter requesting an extension and stated it was noted.

            8. DES Wetlands Complaint File 2006-2375 RSA Development

C. Wyatt read the letter of After-The-Fact Approval and stated it was noted.

8. Other Business:

            1. NH Forestry Council: How to Check Your Trees.

C. Wyatt stated it was duly noted.

            2. Logging & Conversion:

C. Wyatt stated SRPC sent a letter responding to her request for information regarding logging for conversion. The response letter reads:

Cynthia,
 
The Board of Selectmen have the authority and responsibility to work with State agencies to ensure that forestry law are consistently enforced.  The Board of Selectmen have 30 days to sign the Notice of Intent to Cut and there are very limited reasons for not them signing the NOI.  Timber cutting for land conversion purposes, other than timber growing and forest uses, is exempt from the basal area law only when those persons intend to convert the use of the land after having secured all required local permits.  This includes building, subdivision, site plan or zoning permits.  Read the attachment which includes subdivision and zoning language.     
 
If  the land is being cleared for a subdivision, the subdivision plan must be  submitted and approved by the Water Supply and Pollution Control Division  of DES in accordance with RSA 485-A:32,III and RSA 227-J:9,III.  The plan must be approved before any clearing begins.  If clearing happens before approval, the Board of Selectmen should notify the Director of the Division of Forest and Lands.        
 
The Board of Selectmen may delegate responsibilities for reviewing timber harvesting operation to the Conservation Commission.  The CC could ask the Assessing Clerk to notify them when an Intent to Cut Timber form has been filed.  (I believe this procedure was set up a few years ago...is it still working?)   The CC after getting permission from the property owner may check the operation for compliance.
 
The Board of Selectmen may also adopt a "Heavy Trucking Ordinance" which sets road limits year round.  The BOS recently had a public hearing on this ordinance, but it does not look like they will go forward with it.
 
Let me know if you need any other information.
 
Good Luck!

M. McDonnell asked if we can insert something in the subdivision regulations or does it have to be an ordinance? C. Wyatt stated there needs to be a time period between logging and subdivisions.  C. Wyatt asked Tom if he could check with the town attorney. T. Gray stated he could, the Timber harvesting Laws do have RSA's. M. McDonnell specified we need to know if there is a way or could be a way to control a clear cut prior to development. L. Rhys asked what prevents the Town from providing an incentive to developers who properly cut for conversion. C. Wyatt stated we should pursue both avenues, discuss it at the next meeting. Additionally, C. Wyatt added that Tom should ask town counsel how to fix the loopholes. T. Gray stated he asked LGC about the Timber Harvesting Laws and Conversion Laws whereas they stated they are fighting with that issue right now. C. Wyatt stated that developers are intentionally lying about their intentions and there is no reason the Town should not look into fixing the issue. T. Gray added due to State statutes, the developers are not breaking the law. C. Wyatt asked this item be kept on the agenda.

            3. CCSSC-Planning for Growth.

C. Wyatt wanted everyone to know there is a follow up meeting on Thursday and they are hoping to form committees. C. Wyatt asked the members make a few calls to invite and inform others of the follow up meeting.

            4. Land Change Tax:

C. Wyatt stated it's time to start thinking about requesting 100% of the land change tax.

T. Gray stated it will never happen. C. Wyatt asked if the Selectman will support it. T. Gray stated he can't because of the school issue. C. Wyatt stated they might have to pursue it without the Selectmen's support however; what about bonding? T. Gray stated you can try bonding but he doesn't think the Town will go for it.

7. Adjournment.

Motion made by Tom Gray to adjourn. Seconded by Mike McDonnell; vote: unanimous.

Meeting adjourned at 9:05PM.

Cynthia Wyatt, Conservation Chair

Respectfully Submitted,

Stacey Ames

Land Use Clark

May 14, 2007

Members Present: Tom Gray, Charlie Karcher, Cynthia Wyatt, Emery Booska, and Mike McDonnell.

Alternate Member: Steve Panish

 Cynthia Wyatt called the meeting to order at 7:05PM.

 1. Approval of Minutes:

Motion made by Tom Gray to accept the minutes of April 9, 2007 with corrections. Seconded by Charlie Karcher; vote: unanimous.

Motion made by Charlie Karcher to accept the minutes of April 30, 2007 with corrections. Seconded by Emery Booska; vote: unanimous.

2. Discussion Re: DES Letter Re: Standard Dredge and Fill Application for Micha Tasker, property located on Middleton Rd (Tax Map 39, Lot 1) Milton, NH.

M. McDonnell commented that he recalled this parcel was bought at tax auction and there was a condition no one was to do anything with it except expand their present property lines. T. Gray stated we should look into that because some of the parcel had conditions and some didn't. M. McDonnell stated they should look at the deed and asked if there was one attached to the application. T. Gray stated probably not. C. Karcher said Mr. Tasker is filling right to the boundary line and the Wetlands Board generally requires you keep 20 feet from the boundary line unless you have a letter from the abutter agreeing to the fill. S. Ames stated she would get a copy of the deed from the tax files. The deed stated the property was conveyed subject to the following conditions:

1. There shall be no further subdivision of the property.

2. A 100 foot protection buffer shall be maintained along Dames Brook in which there shall be no cutting of trees. The grantee, his successors and assigns, shall also be responsible for maintaining no cut markers along the line of the buffer boundary.

S. Panish noted the abutter is the Town of Milton. C. Wyatt stated they need to be sure he is conforming to the deed restrictions. S. Panish added he thinks the driveway is within the 100 foot no cut zone. E. Booska recommended that the plan show the location of the brook. C. Karcher brought it to the Boards attention that it was an unnamed tributary and the deed says "Dames Brook". Additionally, C. Karcher commented they were looking at approximately 2600 square feet of fill but if he moves the driveway over the 20 feet off of the boundary line he'll fill over 3000 square feet which will increase the level of his fill application. C. Wyatt asked what everyone wanted to say to DES regarding this application. C. Karcher stated his only concern is if DES requires him to kick 20 feet off the property line will substantially increase the wetlands impact. M. McDonnell asked where the utility easement will go. C. Karcher stated it all depends on whether it's above or below ground utilities. E. Booska asked if filling the wetlands up to the Town's property it will impact the Town's wetlands? C. Karcher said it's possible but he assumes it is not wetlands on the Town's property. C. Karcher asked how hard the Town has been requiring a 20 foot wide gravel driveway. T. Gray commented 10 feet is much too narrow and Andy Lucier will have to sign off on it too. C. Wyatt asked how long the driveway is. C. Karcher stated about 300 feet and recommends it go to the Town to see what minimum width they will accept. S. Panish suggested writing a letter to the DES Wetlands Board explaining the plan is inappropriate per Town Regulations and does not meet the minimum standards and to please hold until the regulations are met.

3. Discussion Re:

            1. Guidelines for Conservation Fund Contributions for Donated Conservation Easements.

S. Panish stated we should encourage people to donate easements and help them to defray the costs. C. Wyatt asked if it was best to do this on a case by case basis. C. Karcher added we'll have to. S. Panish added the larger property is the higher the expense. They will typically have to get a survey and an appraisal if they want a tax deduction and those along with the legal cost are very expensive. We have enough in the Conservation Fund to defray the costs of a number of donated easements because we don't get many of them. Given they are rare; we should do what we can. C. Wyatt stated we need to be careful about expenditures so we don't dwindle the CC fund too much. S. Panish said we should introduce people to the idea of bonding. T. Gray said that won't be very easy. C. Wyatt asked about going for the 100% of the land use change tax. T. Gray stated that won't fly, the Town uses the remainder of that to help defray costs. C. Wyatt said for now we'll do it application by application. C. Wyatt wanted to discuss working with NROC about Planning for Growth in Milton. C. Wyatt added she, Charlie, Emery, and Tom are on the CCSSC and have invited NROC (Natural Resources Outreach Coalition). This group comes to towns that fill out an application at no cost. NROC is facilitating the CCSSC to do some naturally resourced based planning for the town. The CCSSC decided to do a community outreach event on Wednesday June 6th. C. Wyatt asked for a vote supporting this effort and it would be nice for everyone to be a part of this event. E. Booska stated the CC would support this event because so many of the CC members are CCSSC members as well.

Motion made by Emery Booska as a Conservation Commission member to support the event of June 6th. Seconded by Tom Gray; vote: unanimous.

            2. Fish & Game Wildlife Action Plan

C. Wyatt stated this will be tabled until further notice. We're hoping this will be taken on by the Open Space Lands Committee. We'll wait and see what happens at the June 6th meeting.

            3. Follow up with SCCD on placing conservation easements on 14/2, 14/6, and            37/110

C. Wyatt stated she hasn't heard from Bambi and will try calling her.

            4. Updating files for Milton owned easements

C. Wyatt reiterated the importance of having an executory interest holder. S. Panish asked who. C. Wyatt stated SCCD may be willing to hold them. C. Karcher looked at the plans and noted many of them do not have the meets and bounds. He stated we will have to write a letter to the engineers and request new plans with the meets and bounds so he can put up signs. E. Booska suggested the letter say we need to review these easements however; the plan on file is missing the meets and bounds, and see what kind of a response we get. S. Panish stated it should be a firm letter and adjust it to each individual engineer.

            5. Updating excel file for income and expenditures for Milton Conservation Fund

C. Wyatt stated this has been done.

             6. Conservation Easements Monitoring

C. Wyatt said they are working on this.

4. Land Review Re: Minor Subdivision Application for Jay McGuire property located at 324 Governors Road (Tax Map 30 Lot 16 Low Density Residential) Milton, NH.

The Commission members looked over the plans and had a brief discussion. The CC members stated they feel they should not comment at this time because it appears the proposed lot 16-2 does not meet current zoning due to the fact there is not frontage on a Class V road however; the CC noted there appeared to be no wetlands impact.

5. Land Review Re: Minor Lot Line Adj. Application submitted by Norway Plains on behalf of Christine Colby & John Ronayne property located at 345 Milton Road (Tax Map 47, Lot 35&36 Low Density Residential/Shoreland Protection Overlay District) Milton, NH.

C. Karcher explained to the CC where the property was located and gave a brief description of the situation involving the two parcels owned by a brother and sister. C. Karcher stated they want to adjust the property line around a stand of pine trees because the brother is selling his parcel and the sister doesn't want a potential buyer to cut down the pine trees. C. Wyatt commented the application looks good.

6. Any Other Business that may come before the Board.

            1) Joint PB & CC list:

 C. Wyatt asked about the department head comment forms. T. Gray said he handed them out at the last department head meeting and asked that everyone return them with changes at the next department head meeting.

            2) RSA 43-27:

E. Booska asked where the CC was on this matter regarding the letter sent to Mr. Berry and DES. S. Ames stated she has received no response. C. Wyatt stated we will wait and see if we g