Conservation Commission Meeting Minutes
APPROVED
Newbury Conservation Commission (NCC)
August 3, 2021
Members Present: Katheryn Holmes, Chair; Eric Unger, Vice-chair; Kate Brena, John Magee, Steve Russell, Sue Russell, Bob Stewart, Members.
Public: Lori Sommer (DES – manages the Aquatic Resource Mitigation Fund (ARM Grant)) and Andy Deegan (Land Protection Specialist at Ausbon Sargent Land Preservation Trust)
Katheryn called the meeting to order at 6:39 p.m.
Special Meeting:
A special meeting was called to hear from Lori Sommer from DES. Katheryn asked Lori to attend the meeting because the Conservation Commission has been working on this easement since April of 2020. Katheryn said that Ausbon Sargeant Land Preservation Trust (ASLPT) announced they were going to have Society for the Protection of New Hampshire Forests (SPNHF) be the easement holders and the Conservation Commission was disappointed. Katheryn said that SPNHF cannot meet the deadlines and SPNHF also felt that ASPLT should work things out with the town.
Lori explained that the ARM Fund program has been around about 15 years. She explained that when a land trust owns the land, another organization needs to hold the restrictions and then DES holds a third person easement.
Katheryn said Newbury has never held an easement and NCC has never written one either.
Andy said they are the property owners and have rights on this property. He said that ASPLT has to do what is best for this property and rights have been taken away because of the restrictive easement conditions made by the NCC. He said they have to follow certain rules because they are a land trust. The group was concerned that NCC has put on too many restrictions and will limit the public’s enjoyment of the property.
Lori explained that the program is overseen by the Army Corps of Engineers and in 2009 a template deed was created.
Lori said the purpose of the protection of this land was deemed the protection of the stream.
John said he thought both parties were in agreement on the forestry part of the easement and feels that the problem is in the three words “and its tributaries” which can be found in a paragraph in the easement that says there will be no trails on the eastside at all and no trails on the westside 150’ from the main stream “and its tributaries”.
Bob said they don’t want an overuse of the trails like has happened on Andrew Brook Trail. We don’t want trails from this property to be connected with abutting properties.
Andy asked everyone to go to Clark Pond on Bog Road in New London. He said there are trails and no water quality issues and no erosion.
Discussion ensued about changing the easement to state 150’ around the vernal pool.
Eric thinks there are certain parcels that deserve to be preserved. He does not think Newbury needs more hiking trails.
Steve said if the criteria for the Trails for People and Wildlife is applied that this will address some concerns.
It was decided to change the wording in the easement to state there will be a 100’ buffer from the boundary lines and a 100’ buffer from the vernal pool.
Andy will rework the wording and get this back to the NCC soon.
The meeting adjourned at 7:58 p.m. Respectfully submitted,
Donna Long, Recording Secretary