October 14, 2008 Meeting Minutes Minutes are not final until reviewed and approved by the Board. Review and approval of minutes generally takes place at the next regularly scheduled meeting of the Board. ATTENDANCE Steve Stepenuck, Chair; Deb Crowder, Vice Chair; Jerry Babonis, Paul Daniello, Michael Day (left at 9:15), Mike Morrison Alternate Bob Goodrich Chairman Stepenuck called the meeting to order at 7:05 p.m. GUEST Pete Throop, Monadnock Conservancy project manager for the Pullen easement (7:00 8:15) Request for Conservation Fund contribution to Pullen easement transaction costs By way of introduction, Throop said that recently the Monadnock Conservancy became one of the first land trusts in the nation to have received accreditation from the Land Trust Alliance Accreditation Commission. Throop said that the terms of the Pullen s easement will follow the Conservancy s standard easement language, and reviewed the four rights the Pullens will reserve. Throop said that the Pullens may also need to provide for maintaining culverts that are under the Class VI portion of Atkinson Hill Road that passes by their house. Throop said that a 4.2-acre exclusion area around the house will not be subject to the terms of the easement. Throop said the easement terms are subject to change as the easement is draft is completed; however, the Monadnock Conservancy is obligated to ensure that the easement will meet public benefit standards. Throop reviewed a transaction cost breakdown e-mailed in September to SCC members: $6,620 Survey $2,250 MC staff time (easement drafting, baseline documentation) $ 800 MC legal costs (title search, legal review of easement) $ 200 Environmental site assessment $ 150 Recording fees --------------------------------- $10,020 Total estimated cost Throop said that the Pullen family will pay for the stewardship endowment contribution (about $2,500), and any project costs over and above the amount contributed by the Town of Swanzey, including additional staff time that likely will be incurred. Regarding the gate that was installed by the Pullens across the Class VI portion of Atkinson Hill Road that bisects their property (discussed by the SCC at the September meeting), Recording Secretary Barlow reported that Town Planner Carbonneau researched the issue on behalf of the SCC, and said that Carbonneau determined the following: Atkinson Hill Road was discontinued from an iron pin west of Francis Chagnon s residence to the Winchester Line, subject to gates and bars, as a result of a 1953 Town Meeting vote. Carbonneau determined that the Chagnons owned what is now the Pullen s house from 1948 to 1962. SCC members and Throop discussed responsibility for monitoring protected land and enforcing terms of easements; public access; availability of parking; public benefits including Page 1 of 6
economic benefits -- of conserving land; landowners wishes; and developing a process for releasing money from the Conservation Fund. Daniello said that he believes the Monadnock Conservancy can and should provide a completed easement to the SCC, taking into consideration the SCC s meeting schedule, prior to SCC authorization of release of money from the Conservation Fund. MINUTES Stepenuck proposed the following corrections: Page 2, line 22:... as the easement is draft is completed. Page 2, line 25: Stepenuck objecting objected strongly Page 3, line 1: Motion by Goodrich to approve the minutes of the August 24, 2008 site walk of the Moore Nanotechnology parcel s proposed easement area. Page 3, Treasury: Stepenuck reported that the SCC has spent $1,465 year-to-date, and has recently received a $131.50 bill for signs. [At the October 14, 2008 meeting, SCC members determined that the correct figure for the sign bill is $231.50.] Page 3, Subcommittee reports: Ashuelot Ashuelot River Local Advisory Committee [ARLAC] Page 3, Ashuelot River Local Advisory Committee: Stepenuck told the group that ALRC ARLAC has proposed and... Page 3, Ashuelot River Local Advisory Committee: At the 9/3/08 Selectmen s meeting, Sewer Commissioner Crowder recommended sending data to an independent lab (rather than Keene) for analysis. The group also discussed the option of obtaining the Keene wastewater treatment plant s discharge monitoring report. As part of the public record, this information should be available from Lloyd Gilbert, NH-DES inspector, and should help in assessing the wastewater treatment plant s contribution to high Swanzey readings. Page 3, Ashuelot River Local Advisory Committee: (All are below the NH-DES Level of Concern, which is 0.050 mg/l. Stepenuck noted that the highest levels of phosphorus on the entire river are measured in Swanzey.) Although a DES person noted that all are below the NHDES Level of Concern, which is 0.050 mg/l, Stepenuck noted that the highest levels of phosphorus on the entire river are measured in Swanzey, and the results at Cresson and Thompson bridges are higher than desirable by DES statement, and that 0.051mg/L is described by DES as excessive. 28-ASH 0.0069 mg/l 27-ASH 0.0092 mg/l 24A-ASH 0.0097 mg/l 23-ASH 0.012 mg/l 20A-ASH 0.0091 mg/l 18-ASH Rte 101 0.012 mg/l 16-ASH Cresson Bridge 0.036 mg/l 02-SBA South Branch at Rte 32 0.020 mg/l 15-ASH Thompson Bridge 0.034 mg/l 07-ASH Rte 119 0.030 mg/l 01-ASH at/near the mouth of the river in Hinsdale 0.024 mg/l Page 2 of 6
28-ASH [Pillsbury State Park/Rte 31] 0.0069 mg/l 27-ASH [Mountain Rd] 0.0092 mg/l 24A-ASH [Marlow, below dam] 0.0097 mg/l 23-ASH [Gilsum, big turnout] 0.012 mg/l 20A-ASH [Stone Arch Bridge, Keene] 0.0091 mg/l 18-ASH [Rte 101] 0.012 mg/l 16-ASH [Cresson Bridge] 0.036 mg/l 02-SBA [South Branch at Rte 32] 0.020 mg/l 15-ASH [Thompson Bridge] 0.034 mg/l 07-ASH [Rte 119] 0.030 mg/l 01-ASH [at/near the mouth of the river in Hinsdale]: 0.024 mg/l SCC members expressed gratitude to Stepenuck for his generous contribution of time and expertise in managing the in connection with monitoring. Page 3: SCC web page on Town site (Day and Stepeniuck Stepenuck ) Page 4, Permits and Variances: In response to SCC questions, Phippard presented an overview of the Moore Nanotechnology project, explaining that development on two parcels will have an impact on 1.47 acres of low value wetlands. He supplied an amendment (9/8/08) to a 7/28/08 dredge and fill wetlands application to NH-DES. The application outlines mitigation measures, including on-site storm water treatment designed to replicate and improve detention features of the wet meadow, and re-location of a drainage ditch resulting in creation of approximately 5,800 square feet of wetlands. The application proposes conservation of a wooded 15.14-acre upland area meant to be the equivalent in functions and values of the mowed, altered meadow habitat. A small pond is located near the center of the upland area, which consists of 55% uplands and 45% wetlands, according to the applicant s wetlands scientist. The land was timbered approximately 15 years ago. The fourth An element of the mitigation proposal is a contribution to the Monadnock Conservancy s bargain purchase of the Johnson Farm easement. Page 4, Projects: Mt. Cresson Conservation Area boundary marking, signs; trail location, marking, and clearing, work day Page 4, Projects: Muster Property Work day, sub-committee chair Page 4, Projects: Honey Hill Access trail, sign, work day, sub-committee chair No date was set for a work day. No one volunteered to chair a subcommittee to care for or manage this property. Deb, Larry and Ben Crowder will clear and mark the trail. Page 5, New Business: Stepenuck reported that the Public Service of New Hampshire non-site specific wetland permit has been extended. Page 5, CT River Joint Commission-sponsored Ashuelot River Cleanup: extends from the Stone Arch Bridge in Keene to the Thompson Covered Bridge.... organizations will be involved, and workers will might need to borrow canoes. Page 5, Newsletters: Stepenuck reported receipt of the SWRPC newsletter The Source, the NH-DES drinking water source protection newsletter. Page 3 of 6
Motion by Crowder to approve, as amended, the minutes of September 9, 2008. Second by Morrison. All in favor. REPORTS Treasury (Stepenuck) Stepenuck reported that the SCC has been billed $80 for phosphate tests. Subcommittee reports Ashuelot River Local Advisory Committee [ARLAC] (Stepenuck): Stepenuck reported that most of the Protected River signs have been installed. Stepenuck reported that ARLAC conduced a cleanup of the Ashuelot River on October 4, and said that SCC members Day and Stepenuck participated. Open Space Committee (Crowder): Covered under GUEST. SWRPC Natural Resources Advisory Committee (Morrison): No new information. SCC web page on Town site (Day and Stepenuck) No new information. UNFINISHED BUSINESS Permits and variances Wetlands File Number 2008-01601--234 Old Homestead Realty, M19, L97, 97-1, 97-2. Stepenuck reported that NH-DES has granted the status of administrative completeness to the project s the dredge and fill permit application, and said that an alteration of terrain permit has been issued. Sandra Page (Tax Map 19 Lot 66) Stepenuck reported that Southern Vermont Engineering has responded to NH-DES questions on behalf of S. Page. Ronald E. Gocht, 46 East Shore Road (Tax Map 45, Lot 12) Appeal to DES Docket No. 08-15 WC. Stepenuck reported that the waiver and amended waiver have been approved by NH-DES. Projects Mt. Cresson Conservation Area Day and Morrison installed Mt. Cresson Conservation Area signs on Wednesday, September 17. SCC members discussed the location and visibility of signs, the trail location, the size of the cleared area for parking, the color of blazes for marking trails, and scheduling a workday. Crowder will propose a date. Muster Property SCC members decided not to schedule a workday. Honey Hill SCC members discussed wording for two small signs to direct pedestrians towards the Honey Hill trailhead, and the best location for the signs. Members agreed on the wording for a sign to be placed in the State right-of-way of Route 32: To Honey Hill Conservation Area. Members agreed Page 4 of 6
on the wording for a sign to be placed at the edge of the hay field, on Town property: Town of Swanzey access to Honey Hill Conservation Area. SCC members discussed parking for trail hikers, and the location of a Town-owned 100 wide right-of-way through the hayfield owned by K. and E. Borcher. Request for Conservation Fund contribution to Pullen easement transaction costs (See GUEST) SCC members discussed their reasons for supporting or opposing the requested contribution of not to exceed $10,000 to the Monadnock Conservancy to help cover transaction costs of the donated Pullen conservation easement. Motion by Morrison to authorize expenditure from the Conservation Fund of not to exceed $10,000 to pay the Monadnock Conservancy for part of the transaction costs of the Pullen easement. Second by Crowder. Crowder, Babonis, Daniello, Morrison, Goodrich in favor; Stepenuck abstained. Motion carries. NEW BUSINESS Permit/variance applications, complaints, and appeals Gale water well Stepenuck reported that David Gale (647 and 649 West Swanzey Road) has received emergency authorization from NH-DES to drill a private drinking water well with less than 100 square feet of impact. Stepenuck said that the existing well is contaminated. Complaint re Mill K SCC members discussed the Mill K/Matthews Road canoe access. Members discussed eradication of knotweed on the property, and management of the area. Complaint re 2 Ford Road Stepenuck notified members of a complaint of filled-in wetlands and possibly a brook. MISCELLANEOUS LCIP annual monitoring is due. Crowder and Stepenuck will complete the monitoring. NHACC land protection purchase authorization warrant article (SB 381) Stepenuck read aloud a letter from NHACC, which explains that SB 381 authorizes towns to contribute conservation funds to projects sponsored by private conservation groups such as land trusts without having to hold a legal interest in the property. The letter states that this legislation is of interest to conservation commissions that wish to have the ability to contribute to land conservation projects without holding an interest in real estate, and/or wish to be able to expend funds on land outside of town boundaries. The letter proposes the following warrant articles for inclusion in the 2009 warrant: Shall the town vote to adopt the provisions of RSA 36-A:4-a,I(b) to authorize the conservation commission to expend funds for contributions to qualified organizations for the purchase of property interests, or facilitating transactions related thereto, where the property interest is to beheld by the qualified organization and the town will retain no interest in the property? Page 5 of 6
Shall the town vote to adopt the provisions of RSA 36-A:4-aI(a) to authorize the conservation commission to expend funds to purchase interests in land outside the boundaries of our municipality, subject to the approval of the local governing body? Stepenuck said that he will put the matter on the SCC November agenda. Correspondence Stepenuck reported receipt of various items, including a SCA-NH Conservation Corps proposal for work crews, correspondence from the Community Forestry Advisory Council, and NH City and Town. SCC vacancy for alternate position Stepenuck read aloud a letter of resignation from the SCC submitted by former alternate Tiffany Mannion. Motion by Babonis to resolve that the SCC very much thanks Tiffany Mannion for her service to the Town and to the SCC. Second by Daniello. All in favor. Stepenuck reported receipt of an application for a new alternate member. ADJOURNMENT Motion to adjourn by Stepenuck. Second by Daniello. All in favor. The meeting adjourned at 10:40. Respectfully submitted, Victoria Reck Barlow Recording Secretary Page 6 of 6