Meeting Minutes
Newbury Conservation Commission (NCC)
August 13, 2019
Approved September 9, 2019
Members Present: Katheryn Holmes, Chair; Eric Unger, Vice-chair, Bob Stewart, Steve Russell, Sue Russell, Members; Russ Smith, Ex-officio.
Ms. Holmes called the meeting to order at 7:06 p.m.
ADMINISTRATIVE
Minutes
The Commissioners reviewed the minutes of July 9, 2019 and made no corrections. Mr. Stewart made a motion to accept the minutes as corrected. Mr. Unger seconded the motion. All in favor.
INTENT TO CUT
There were no Intent to Cut applications to review.
BUFFER ZONE CUT
Ms. Holmes reviewed the following Buffer Zone Cut applications:
• Thomas & Dana Cvrk, 41 Pine Cliff Road, Newbury, Map/Lot# 019-311-543. Ms. Holmes noted that the tree in question was a big and healthy tree, but the Code Enforcement Officer (CEO) determined that it was a danger to the house and approved the cut.
• Glenn Frysinger & Karen Christman, 24 Highland Avenue, Newbury, Map/Lot # 18-308-072. Ms. Holmes and the CEO are scheduled to make a site visit on August 14, 2019.
• Stephen & Chellis Kirkland, 40 Washington Street, Newbury, Map/Lot # 16A-343-479. Ms. Holmes noted that she and the CEO made a site visit and recommended that the property owner consult with an arborist. She added that there is a benefit to having several experts review and consult with the property owner regarding alternatives to cutting down trees.
• Scott & Judy Mather, Bowles Road, Newbury, Map/Lot # 16-544-079. Commissioners reviewed the Conditional Use Permit for Development in a Wetland that was submitted on July 25, 2019 for Planning Board review on August 20, 2019and discussed the potential for tree cutting. Ms. Holmes noted that she will meet with the CEO on August 14, 2019regarding this application. (See “Mather Application Review” under Communications section below.)
• Feller Newbury Realty Trust/Thomas W. Feller, Trustee,Map/Lot # 007-103-103. Ms. Holmes and the CEO made a site visit to the property and noted how impressed they were with the landscape design and the overall care of the property by the owner.
NH DEPARTMENT of ENVIRONMENTAL SERVICES (DES)
Ms. Holmes reviewed the following items from DES:
• Vail Revocable Trust/Robert Vail, 83 Malia Terrace, Newbury, Wetlands & Non-Site Specific Permit # 2019-02000 for a 30-foot by 14-foot canopy on the property. Status: Approved.
• Caia Limited Partnership (Beacon Marina), 1016 Route 103, Newbury, Map/Lot # 20-300-355, Land Resources Management File #2019-02291 regarding the filling in of a wetland and presence of fill in a brook that feeds into Lake Sunapee. Status: Under review.
• John & Stacey Hatem, 163 Bay Point Road, Newbury, Map/Lot # 006-082-018, Shoreland Application #2019-02174 to demolish existing residential dwelling and replace with new residential dwelling, septic system, and landscaping. Status: Under technical review.
• Kristen Schultz, 20 Shore Drive, Newbury, Map/Lot # 20A-544-BL172, Expedited Application (returned) to install seasonal jet ski shore station adjacent to existing permanent dock. Status: Under technical review.
• Lori Ward, L/O Snow Road, Newbury, Map/Lot # 007-225-299, Standard Dredge and Fill Application to extend dock an additional 12 to 16 feet by adding two (4x8) or two (4x6). Status: Administratively incomplete. Mr. Stewart noted that the longer dock may be needed because the water depth is too low at that location to accommodate a boat draft.
COMMUNICATIONS
Commissioners reviewed the following items:
Mather Application Review
Conditional Use Permit for Development in a Wetland, Scott & Judy Mather, Bowles Road, Newbury, Map/Lot # 16-544-079. Commissioners reviewed the full application that was submitted on July 25, 2019 for Planning Board Final Approval on August 20, 2019 and agreed that the application as presented needs:
➢ A Shoreland permit.
➢ A septic design.
➢ An erosion control plan.
➢ A tree cutting permit. Mr. Stewart added that the Mathers must meet the tree cutting regulations of Newbury, which are stricter than the state regulations.
➢ A variance, since tree cutting will occur within a wetland buffer.
➢ A stormwater control plan.
Ms. Holmes noted that the above comments will be submitted to the Planning Board as part of the Board’s Final Approval review process.
Potential Wetland Violation
On August 3, 2019 the following email from John Magee, M.S., Certified Fisheries Professional President, Northeastern Division of the American Fisheries Society Fish Habitat Biologist, NH Fish and Game Department, was sent to the NCC, Planning Board Chair, and the Selectboard:
Hello Newbury Conservation Commission. I wanted to let you know that I have observed that a bulldozer drove through and apparently reshaped the sediment of a small wetland on property 135-143 in the Birchfield neighborhood. The wetland is between Upper Ridge Road, the garage and the driveway. They are working on the property today with a loader and bulldozer. I don't know if they plan to work in the wetland more. Also, it appears there may no longer be a driveway culvert (there used to be one there) and this will be a problem for the integrity of the driveway and the wetland when flow is restored to the wetland from rain. There is a culvert under Upper Ridge Road at the upstream end of where the bulldozer was in the wetland…I checked the DES wetlands database and I don't see a permit for this.
Ms. Holmes informed Commissioners that the CEO issued a Cease & Desist letter and that DES was notified and is now actively involved in the situation.
DES Fact Sheet on Perched Beaches
Commissioners reviewed the DES publication, “Perching Beaches to Lessen Impacts to Lake Quality” and discussed the potential use of the document to help with the Chalk Pond challenges regarding the community beach. General discussion followed regarding the issues facing the Chalk Pond residents and how best to approach those issues.
Mr. Stewart suggested that the Sunapee Hills Association spearhead the adoption of a set of shoreland regulations that cover the entire Chalk Pond community, not just the shoreline properties. Mr. Stewart stated that everyone’s property in Chalk Pond is a shoreline property since whatever happens at the top of the hills surrounding the pond, ends up draining into the pond.
Commissioners agreed that an in-depth educational effort for property owners on watershed basics is needed along with a long-term detailed plan to mitigated watershed “hot spots” moving forward. Discussion to continue at future meetings.
NH Association of Conservation Commissions (NHACC) E-news
Ms. Holmes reviewed the content of the NHACC E-news, particularly the information pertaining to grant programs – the moose plate grant program and the 2020 local source water protection grant. She referenced the applicability to the Chalk Pond beach restoration and the Lake Sunapee state beach and brook restoration respectively. Mr. Smith suggested talking with the Town Administrator regarding pursuing both grants. Ms. Holmes agreed.
Also highlighted was the Natural Resource Stewards Program from September 6, 2019 through November 22, 2019.
Sullivan County Conservation District E-news
Ms. Holmes reviewed the contents and activities detailed in the newsletter and pointed out items that featured LSPA along with information on upcoming workshop training opportunities.
Merrimack County Conservation District Newsletter
Ms. Holmes reviewed the newsletter content and noted an item on organic lawn care.
Ms. Holmes indicated that the NCC received “thank you” notes from SPNHF and ASLPT for membership renewal.
OLD BUSINESS
Newbury Conservation Connections
The NCC Summer 2019 newsletter was reviewed favorably. Suggestions for the Fall 2019 newsletter included articles on the proposed Shoreland Restoration Amendment, the amended RSA regulating bubbler use, changes in the Transfer Station (no longer accepting brush and leaves as of January 1, 2020), and Transfer Station permit requirement as of October 2, 2019.
Mountain Road Potential Easement Update
Mr. Unger gave an update on the potential easement project on Mountain Road. He said he has contacted Will Abbott regarding potential interest from SPNHF. Also, information has been sent to Brian Holz at SPNHF. Ausbon Sargent has been contacted and Mr. Unger has spoken with Andy Deegan at Ausbon Sargent. John Magee has also been consulted on this project. Mr. Unger noted that Mr. Holz will be contacting him after reviewing the project information.
NEW BUSINESS
LSPA Rolf Eliassen Award
Ms. Holmes shared with Commissioners the prestigious LSPA Rolf Eliassen Award which was given to her at the recent LSPA Annual Meeting. The award recognized her decades of work and commitment to preserving the water quality and watershed integrity of Lake Sunapee and surrounding areas. Also receiving the award was Nancy Marashio, Town of Newbury moderator, ZBA member, and LSPA watershed committee chair.
Mount Sunapee Epic Promise Week Project
The Epic Promise Project occurs on September 14, 2019 at the Velie Playground on Route 103 in Newbury. This year’s project will be to build a fence around the playground. All are welcome to participate.
ADDITIONAL BUSINESS
Mount Sunapee Ancient Forest
Mr. Russell reported that the recent PowerPoint presentation at the Bradford Library on June 24, 2019 was very successful. Lots of education on the forest was shared, some donations were collected, and good feedback was experienced.
He noted that a second PowerPoint presentation will be offered on September 4, 2019 at the Newbury Vets Hall at 6:00 p.m. Mr. Russell suggested using the flashing message sign on Route 103 for advertising. Mr. Russell agreed and will contact the Town Administrator for further details.
There being no further business to discuss, Ms. Holmes called for a Motion to Adjourn.
Mr. Smith made a motion to adjourn. Mr. Russell seconded the motion. All in favor.
The meeting adjourned at 8:52 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
Newbury Conservation Commission Page 1of 3 August 13, 2019