Conservation Commission Minutes

Newbury Conservation Commission (NCC)

December 11, 2018

Approved January 8, 2019

Members Present: Katheryn Holmes, Chair; Eric Unger, Vice-chair; Bob Stewart, Member, Russ Smith, Ex-officio Member.

Ms. Holmes called the meeting to order at 7:07 p.m.

ADMINISTRATIVE

November 13, 2018 Agenda Review

Ms. Holmes reviewed the agenda items from the scheduled November 13, 2018 NCC meeting, which was cancelled due to a lack of a quorum. Ms. Holmes noted that the Intent to Cut/Buffer Zone Cut/DES/ items were available for review if Commissioners were interested. She added that, when visiting the site for the Buffer Zone Cut application from La Valley Trusts, 87 Lakewood Manor, Tax Map/Lot # 019-752-475, Ms. Holmes noticed the macadam driveway. She informed Commissioners of her intent to make an appointment with the CEO regarding the potential for stormwater runoff and to determine if the CEO might speak with the property owner regarding same.  

Minutes

The Commissioners reviewed the minutes of October 9, 2018 and made corrections. Mr. Smith made a motion to accept the minutes as presented. Mr. Unger seconded the motion. All in favor. 

INTENT TO CUT

Mr. Unger reviewed the following Intent to Cut applications:

• DeRoche, 343 South Road, Tax Map/Lot # 035/251/343. Lot acreage: 120 acres. Acreage of cut: 30 acres. Mr. Unger noted that several attempts were made to contact the DeRoches, but none of the calls were returned. Commissioners discussed options available regarding oversight of these applications and how to handle situations such as this one.

• LaRochelle, 373 Red House Road, Tax Map/Lot # 031/298. Lot acreage: 5.17 acres. Acreage of cut: 5 acres. Mr. Unger noted that the Tax Map Lot number was incorrect and that the Land Use Administrator has been notified. Other than that, he said there was no problem with the application. 

BUFFER ZONE CUT

Ms. Holmes reviewed the following Buffer Zone Cut application:

• Keenan Trust, 330 Bowles Road, Tax Map/Lot # 016/333/233.

NH DEPARTMENT of ENVIRONMENTAL SERVICES (DES)

Ms. Holmes reviewed the following items from DES:

• Mark & Anne Hilton, 274 South Road, Tax Map/Lot # 25/382, File # 2017-02200, Letter of Compliance.
• Grasso, 14 Fowler Mill Road, Tax Map/Lot # 50/617, File # 2018-03452, Letter of Complaint.
• Town of Newbury, Town Dock, Tax Map/Lot # 348/343, Standard Dredge & Fill Application, File # 2018-03543, (Under Technical Review). There was discussion regarding the plans for the expanded town dock. Mr. Smith noted that boat traffic at the town dock has increased substantially in the past few years and the expanded dock plans are designed to meet that need for greater access to the town harbor area.

COMMUNICATIONS

NH Association of Conservation Commissions (NHACC) Annual Meeting

NCC attendees included Ms. Holmes, Ms. Russell and Meg Whittemore. Of particular interest was the NHDES workshops on watershed issues, wetlands, and shoreland issues. Ms. Holmes noted that DES’ Jay Obey has agreed to attend a spring workshop hosted by NCC on shoreland applications and other issues.

NCC Memberships Curtailed

Ms. Holmes informed Commissioners that NCC membership fees to several regional non-profits have been curtailed for the upcoming budget year.

OLD BUSINESS

NCC Newsletter

Ms. Holmes said the Selectboard has approved in the 2019 budget enough funds to cover the writing and production of a quarterly newsletter. Reporting/writing/production will be done by Meg Whittemore, with topics discussed and approved by the NCC. Titled “The Newbury Conservation Newsletter”, the first issue will be published in Winter 2019. Distribution will include a limited number of hard copies, posting on the town website and on the town Facebook page.

Proposed Shoreland Restoration Amendment

Ms. Holmes updated the status of the proposed Shoreland Restoration amendment submitted for consideration as a warrant article for Town Meeting. Town Counsel reviewed the proposed amendment and indicated that the Selectboard most likely does not have the jurisdiction to adopt the proposed amendment as an ordinance. Town Counsel indicated that the contents of the proposed amendment are better suited as a zoning ordinance.

Commissioners agreed that they will revisit this amendment and present it (again) to the Planning Board in 2019 as an amendment to the zoning ordinance for vote at Town Meeting 2020.

RSA 270:33– Agitators/De-icers Update

Ms. Holmes reported that she met with June Fichter, LSPA executive director, and state representatives Karen Ebel, Dan Wolf, and Sue Gottling regarding updating the RSAs regulating agitators and de-icers.

Ms. Holmes said the above mentioned group agreed that language is needed requiring a thermostat and timer on all agitators/de-icers. Also discussed was the requirement for “Thin Ice” signs that may be seen from the property and the lake.

It was noted that RSA 270:33 states that heating, agitating or other devices in public waters constitutes a safety hazard. Commissioners discussed the implications of that regulation as it pertains to the town dock bubbler.

Ms. Holmes said updates will be forthcoming.

Wetlands Rulemaking

Ms. Holmes shared with Commissioners the proposed DES “Streamlined/Improved Process” for DES applications. Mr. Stewart indicated that the rulemaking meetings are not just on procedures and process. The meeting content also covers the rules and are information-laden. He added that meeting attendees must be fully immersed with the subject matter. Ms. Holmes indicated that further discussion and updates on this item will be forthcoming.

NH Municipal Association Conference

Ms. Holmes reviewed the conference topics with Commissioners. The NHMA Conference occurred November 14 & 15, 2018 and was well-attended.

The Chalk Pond Challenge

The next meeting of The Chalk Pond Challenge Committee is scheduled for January 7, 2019 at 4:00 p.m.

NEW BUSINESS

Fish-Friendly Culverts  

Mr. Unger discussed a potential project involving how to improve fish passage through culverts. Of particular concern is the interruption of natural passage for rainbow smelt. Mr. Unger indicate that the NH Department of Transportation has a program looking into this. He added that a possible grant proposal might apply to the town’s culverts as they affect the natural passage routes for fish.

Ms. Holmes stated that he and Mr. Stewart should meet with the Town Administrator regarding the potential grant funding. Also, she noted that this might fall under the LSPA Watershed Grant. Mr. Unger indicated that updates will be forthcoming.

There being no further business to discuss, Ms. Holmes called for a Motion to Adjourn.

Mr. Stewart made a motion to adjourn. Mr. Smith seconded the motion. All in favor.

The meeting adjourned at 8:41 p.m.

Respectfully submitted,

Meg Whittemore

Recording Secretary