Home | MCC Public Site | Agenda | Minutes | Conservation Plan | P&P Manual | Wetland Protection | Milford Regulations | State & Federal Regs. | Trails & Land | Town of Milford

1990 Minutes   January - February - March- April - May - June - July - August - October - November - December    Minutes 1990

MILFORD CONSERVATION COMMISSION

Meeting Minutes of JANUARY 11, 1990

Present:
Russell Monbleau, Chairman
Margaret Pratt, Vice Chairman
Lorraine Carson, Secretary
Hazel Burns, Edna Silva, Janet Piche, Dave Andrews

  1. MINUTES: The Minutes of the December 28 1989 meeting were not accepted at this time due to the fact that members had only just received same. Lorraine stated that due to the length of Minutes and the high cost of postage, she would hand out copies rather than mail them to members. After discussion, it was decided that unless meetings were on a weekly basis, the Minutes would be mailed. It was felt that the cost of the postage was worth the communication value of this practice.

  2. COMPRESSOR BROOK/WETLANDS ORDINANCE: Lorraine advised members she had discovered a confusing situation relative to the two tributaries forming the beginning of this stream as described in the proposed Wetlands Ordinance. It looks, on a map, as though there are three Compressor Brooks. It was decided to all the one beginning tributary West Branch of Compressor Brook, and the other East Branch of Compressor Brook, and only once they meet, is the stream to be known as Compressor Brook. Lorraine will advise Mark of this change, which will have to be raised at the Public Hearing on January 16 1990.

  3. BUSINESS LICENSE DRAFT: Lorraine presented members with a draft of this proposed license which she had prepared in order to get discussions going, and asked that it be reviewed for further discussion on January 18, 1990, if time permits. She and Russ will meet with the Board of Selectmen relative to this issue sometime mid February.

  4. WETLANDS VIOLATIONS POLICY: Lorraine also presented members with a draft of this policy and requested review of same for January 18 1990 meeting.

  5. WETLANDS ORDINANCE PUBLIC HEARING: Members were advised that this public hearing will be held by the Planning Board at 7p.m. on Tuesday, January 16, 1990 in the Town Hall. All members were asked to attend, and to review the proposed ordinance ahead of time.

  6. TUCKER BROOK TOWN FOREST: Lorraine reported she had finally made contact with Harold Webster regarding cleaning up the entranceway. It is now too cold to do anything, and she will be back in touch with Harold in spring.

  7. HITCHINER TOWN FOREST: As above, the trees along the stone wall will be pulled by Harold in spring. Margaret presented samples of Letters of Appreciation for Jim Lawler. The members chose one, she will take care of preparing same and framing, and will have it done by January 18 1990.

  8. BADGER HILL: Jeff Terrio, Engineer, met with the members to review the latest actions in the Badger Hill development. He advised the members that the case went before the Army Corps of Engineers who classify wetlands differently from the Town and the State. This resulted in some changes in the amount of wetlands involved at various crossings The USF & WS stated the entrance road from Osgood Road had to be moved a considerable distance from the original plans, where according to their definition of wetlands, less impact would occur. This means that a greater portion of the unpaved section of Osgood Road would have to be upgraded, and this fact raised concerns regarding possible development of the property across from Badger Hill development. The USF & WS also requested the roadway be moved at location #8 which means less impact on wetlands in this area. Also, the two fire ponds are now out of wetlands altogether and are located in upland soils. An access road thus resulting from the fire pond at the furthest location from Osgood Road in order to access this pond, will cross wetlands, however. Lorraine expressed concerns that many of the houses were to be within the buffer zone or otherwise too close, and some driveways also involved the buffer zone. Jeff assured her that he and Mark had gotten together and had address these concerns. All houses will now be 35 feet from wetlands, and all driveways will be 25 feet. Jeff will provide a new set of plans showing these changes. The Commission will also be supplied with a copy of the covenants for this development. At Lorraine's request, the covenants will also list by lot number all lots which are effected by wetlands in an attempt to provide better protection for same once the properties are in private hands. Lorraine will send a letter to Jeff with this request in writing. It was stated that there are now 185 lots in this subdivision, which originally contained many more. As a result of the ACE intervension, there has been a reduction in the amount of wetlands disturbed. Lorraine will prepare a letter to the Wetlands Board (same to be sent to Jeff for him to include in his package to that board), giving our approval for the Dredge and Fill to be issued, based upon the recommendations of ACE, stating that the impact has been further reduced. Relative to Board of Adjustment approval, Jeff requested that Lorraine wait on this until he gives the go ahead. Right now with so many verions of this development available, it would be less confusing if we waited until the final plans are out before contacting the Board of Adjustment.

  9. HAMPSHIRE HILLS SKI TRAILS: Margaret reported that whereas we had authorized nine culverts in this trail system, she had found eleven. In addition there had been a very poor installation job done in all cases. She will be drafting a letter to Rick Holder regarding this situation, which will be ready for the January 18 meeting.

  10. SCOUT TROOP AWARD: Janet reported she had not done anything in this regard yet, and that there was a lot of paperwork to get together. She hoped to have it ready by march 1990.

  11. CONSERVATION CAMP: Lorraine reported she had learned that whereas Glen Kelley was unable to attend the April seminar, he was one year too old to attend the camp in June. She had not heard anything further from Tim O'Connell, but would be in touch with him next month for progress.

  12. JIM LAWLER/SCOUT INVOLVEMENT: Janet Piche reported that Jim will be out of the Scouts effective February 1 1990. It was not known where the work he was doing at the Hitchiner Town Forest stands.

  13. BALCOM BROS./WETLAND VIOLATION: Lorraine reported that on January 10, she, Mr. Arnold Balcom, his son Gary, Gerry Rosenberg and Tom Chrisenton had done an on site inspection of the Balcom property. It was the opinion of Gerry and Tom that a vegetative stabilization of the stream bank would be best. They will send a letter to the Conservation Commission spelling out their recommendations. Tom also advised Mr. Balcom that he must contact the Army Corps of Engineers as this was definitely a project they would be involved in. Lorraine will advise Mr. Balcom of how to reach ACE. It was also noted during the on site inspection, that Mr. Balcom has begun curving back from the stream the slab of concrete he is laying on his property. This was something Mark Fougere had requested of him at the previous on site inspection. Tom pointed out that fill is being dumped on a continuing basis on this property well within the 25 foot buffer zone. He expressed concerns as to the content of the fill, who was doing it, and whether a permit to dump the fill was in effect. Mr. Balcom stated it was the Town that was doing the dumping, but it was unclear whether it was Public Works or the Wastewater Treatment plant. As a result of this information, the members requested Lorraine to be in touch with Bob Courage to learn the details of the dumping, the existence of a permit, what the fill contains, and most of all, why it is being dumped within the Town's 25 foot buffer zone. Lorraine reported that Mr. Balcom will await the letter from Gerry and Tom before taking any corrective actions or continuing the process of permits further. As soon as that letter is in hand, Lorraine will be in touch with Mr. Balcom to give him guidance as to the next step to take.

  14. EMERSON PARK/OVERSEEING BY MCC: Lorraine reported she had written to Dick Fisk and Bill Ferguson, the other two members of the Emerson park committee relative to the MCC overseeing maintenance etc. of the Park, and was awaiting a response from them. She suggested that once this is in hand, a new Committee be formed consisting of three individuals, with the stipulation that one member of that Committee must be a member of the Conservation Commission. She offered to remain on that Committee as the treasurer which she has been for several years.

  15. TOM CURTIS/FARM POND: Lorraine reported that as a result of the Wetlands Board denying a rehearing on this case, Tom was very despondent and was reluctant at this point in time to discuss the matter further. She did suggest to him that she, Mark, Tom Chrisenton and Gerry Rosenberg get together with him to review the plans and site again and develop a compromise which would be acceptable to the Wetlands Board. She also called Dr. Kettenring of the Wetlands Board to find out what their concerns over the project were. He indicated to Lorraine that the Wetlands Board was concerned with the total destruction of an existing wetland of marsh for the pond, they were unhappy with the very large size of the pond; they saw as a result "water front property" and a sub-division in the future.

    The Wetlands Board, though it had not done an onsite inspection, felt that the pond could be placed in the gravel pit area and be of a smaller size. They also felt that this was a project that would not receive the support of the Army Corp of Engineers. In addition, the Wetlands Board did not accept the idea that the pond is a means of creating additional farm lands - the federal government does not support the destruction of wetlands in order to create farms lands. Lorraine stated she would give Tom Curtis another week to think about the denied rehearing, and would then call him again to discuss what the Wetlands Board feels.

  16. LAND INFORMATION PACKAGE: Janet reported she had not yet gotten the print out for Current Land Use 10-49 acres because the town hall is in the process of moving. She will have this print out by January 18 meeting.

  17. NEXT MEETING: Lorraine advised the members that it would be necessary to hold another meeting next week, January 18, in order to meet with Carl Chappell regarding his wetland violation, and also to discuss the results of the wetlands seminar she attended in November, as well as reviewing our budget for 1990. Members were given several items to read for that meeting.

  18. 1990 TREE PROJECT: Lorraine reported on behalf of John Ferguson that he had reviewed the Osgood Pond dam site and suggested two crabapple trees be planted there. These would cost about $35.00 each ' and he suggested they be ordered from Cherry Hill Nurseries. In discussion of this issue, Margaret suggested that we obtain trees about 10 to 15 feet tall which would run about $100 each, and also that we use a variety that would hold its berries through winter. The members agreed, and she will take care of ordering same. This would leave about $800.00 of the set aside funds for this project of $1,000.00. Margaret stated that the Police Dept had indicated it would like two evergreen trees to plant on the Elm Street side of their building. Margaret said she would check into the best kind of evergreen for street use, and the members agreed to this for a maximum cost of $100.00 each. It was decided because of a rather tight budget for 1990 that this year we would spend a maximum of $500.00 on the 1990 Tree Project. Margaret also stated that there remains one tree on the Hitchiner Town forest which was not transplanted last fall. This tree is scheduled for the Jacques School as an educational tree, and she will take care of the transplanting in spring.

  19. NAMING STREAMS: Lorraine reported she had made a start on this project and found that it is a very time consuming one. She began by marking the named streams in town on a topo map of Milford. She also highlighted all other apparently perennial streams on the topo map. She will attempt to inspect as many of them as possible over the next few months for size and condition. She will report from time to time on this project as needed.

  20. COMPOSITE MAP: Lorraine reported we had received the copies of this map as ordered, and when time permits she will prepare one showing all town owned lands. She advised the members that the current map is as of April 1989, and a new one will be prepared in April showing any new subdivisions.

  21. WES STINSON, ALTERNATE: Lorraine reported that as a result of Russ's letter of December 29 1989 to Wes and the Board of Selectmen, she had submitted another letter to that Board as of January 4 1990 requesting his official removal from the Commission. She indicated in that letter that at this point in time, we did not wish to have the unexpired portion of his term filled. This will be done after Town Meeting.

  22. CONSERVATION LAND FUND: Lorraine reported that on a recent visit to the Milford Cooperative Bank, she received a thank you from the Bank for having deposited this Fund in that Bank!

  23. TOWN BARN/SOUTH STREET PUMPING STATION: Lorraine had not had the chance to speak to Bob Courage regarding activities at this site and reviewing same, but she will this coming week.

  24. GREAT BROOK CONDO/FAILED LEACHFIELD: Janet still had not called the Health Officer to report this case. She promised to do so before January 18.

  25. NATIONAL GUARD/HITCHINER TOWN FOREST: Lorraine reported we had received a request from the Miltord National Guard to use the Hitchiner Town Forest as a starting point for field orientation exercises the National Guard was planning for Saturday, February 3 1990. The individuals taking part would be taken to this site in a closed vehicle, would make their way towards a location in Brookline, from which they would be picked up by helicopter and taken back to Armory Road. The members had no problems with this use of the town land, and the necessary document provided by the National Guard was signed by Russ and witnessed by Vivian. Lorraine will send it and a copy of the Ordinance Governing Use of Conservation Land to the Armory with a covering letter.

  26. SPACE IN THE TOWN HALL FOR MCC: Lorraine reported it had come to her attention that the Commission was to have a corner in a large room which provides office space for the Town Clerks girls and the Selectmen's secretary. This same space was to also contain the Health Officer. She had been given a tour of the renovated Town Hall by Bob Courage,. and had found this area unacceptable, there being insufficient space, no privacy, no closet space, no shelving etc. In the process of the tour, she reviewed the area previously occupied by the Police Chief, and according to Bob Courage this area was unassigned, but was tentatively scheduled as storage space for the janitor. Bob felt he had enough storage space, and suggested Lorraine contact the Selectmen immediately, requesting the Chief's old office be made available for the Commission. She prepared a letter for Russ's signature to go to the Selectmen, and Vivian was also asked to speak in favor of this at the next meeting of that board.

  27. REPORT FOR THE TOWN REPORT: Russ presented his report for 1989 for the Town Report which had already been reviewed by Lorraine. A copy was left on the secretary's desk.

  28. LCIP/BURNS LAND: Russ reported that as a result of red tape, we now needed an update on the appraisal on the Burns and Rotch lots in order to complete the items needed by LCIP to get the funds due. Margaret said she would be in touch with Bramley who did the original appraisal. Lorraine reported she had received a copy of the survey from NEFF and that a copy had been sent to LCIP by John Ferguson. She also had a copy of a suggested deed prepared by NEFF. Bill Burns wanted a copy but there was no copy machine available in the town hall. Lorraine will make a copy for him for next meeting. We also need a title search on the Burns lot and Margaret will take care of this.

  29. HITCHINER TOWN FOREST/SCHOOL SITE: Russ raised the issue of the Board of Selectmen constantly referring to this site as a possible location for a new school. He stated there is no town water, no town sewer, the main road to the site, namely Osgood Road, is inadequate for the traffic a school here would create, and the land itself is unsuitable for development, being mainly ledge. The members agreed with him, and Vivian was asked to express these concerns to the Board of Selectmen and attempt to obtain a commitment from them that this land would not be used for this or any other town development purpose.

  30. WEST HILL/M.L. REALTY: With time running out, Lorraine briefly advised the members that there was some good news regarding this development, the details of which she would review at the January 18 meeting.

  31. EARTH DAY: Russ presented some correspondence he had received from New Hampshire Earth Day 1990 relative to conservation commission participation. Lorraine stated she would be giving a talk on wildlife rehabilitation to the Merrimack schools for this event and would probably also be doing the same at the Milford Schools. She will pass the correspondence along to Celeste as she was attempting to do something for this day also.

There being no further business to come before this meeting, the meeting adjourned at 10.15p.m.
The next meeting will be at 7.30p.m. on Thursday January 18, 1990 in the Town Hall.

Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of JANUARY 18, 1990

Present:
Russell Monbleau, Chairman
Margaret Pratt, Vice Chairman
Lorraine Carson, Secretary
Hazel Burns, Dave Andrews, Joe Zadrosny,
Vivian Barry as Selectmen's Representative

  1. MEMBERS: With both Janet Piche and Edna Silva unable to attend, the two alternates, Dave Andrews and Joe Zadrosny, acted as full members.

  2. MINUTES: On motion made by Joe and seconded by Dave, the Minutes of the December 28, 1989 meeting were accepted by unanimous vote as presented. The Minutes of the January 11, 1990 meeting will be accepted at the next scheduled meeting as they were only presented to members at this meeting.

  3. FINANCIAL STATEMENT: As treasurer, Lorraine presented members with the 1989 Financial Statement which has been submitted for inclusion in the Town Report. It was reviewed by members, and upon motion made by Dave and seconded by Hazel and voted unanimously in favor of the motion was accepted as presented.

  4. BUDGET FOR 1990: In order to support our request for $5000.00 operating funds for 1990, to keep track of expenses, and to provide a guide as to how much could be spent on what items, Lorraine as treasurer, presented a draft of a budget for 1990. It included an amount of $,500.00 for conservation assistant wages for 1990 in case the appropriation for this in the Selectmen's Budget is cut at town meeting as happened last year. With this amount included as well as $220.00 for a four drawer file, it left $547.00 unassigned. Lorraine will present a quarterly financial report to keep members informed of expenses as the year progresses. A copy of this budget will also be given to each member for Town Meeting. Lorraine also advised members that whereas our Operating Funds had always been by warrant article, this year those funds will be appropriated by budget. This means that all bills we have will have to be submitted to the town accountant for payment. We will therefore no longer need our NOW checking account. Lorraine has already had to pay 1990 expenses and they were paid out of the NOW account. She talked to the accountant about this, and the following arrangements have been made: After Town Meeting, she will present a bill to the Town for expenses year to date. We will be paid this amount which in effect is part of our $5000.00 for 1990. That amount together with the balance in that account as of January 1 1990 will be placed in the Accumulating Funds Account and the NOW account will be closed. Lorraine will continue to keep a complete set of books for the Commission as she has done for years.

  5. WETLANDS ISSUES:
    1. Publications: Upon motion made by Dave and seconded by Joe, it was voted unanimously in favor of the motion to authorize Lorraine to purchase a copy of Functional Assessment of Freshwater Wetlands for $10.00, and various publications put out by the Massachusetts Assoc. of Conservation Commissions for a total of $6.25 and a copy of A Guide to the Designation of Prime Wetlands in New Hampshire published by NHACC for $5.00.
      Lorraine also suggested that once the Prime Wetlands guide is in hand that we start work on designating some wetlands in Milford as Prime. For one, the Birch Brook Marsh Study by Robert Todd was an area recommended for this classification.
    2. Memorandum of Agreement: Lorraine presented each member with a copy of this agreement between the EPA and the ACE, and requested that each study it so that we can use the information when we review future wetland issues.

    3. Wetlands Seminar Proceedings: Lorraine had prepared a list of some facts gleaned from the November 1989 Wetlands Seminar she attended, which she felt were issues the Commission needed to know and bear in mind when reviewing Dredge and Fill applications. Time did not permit going through this in detail, and Lorraine asked each member instead to study same. Some highly important items in the proceedings were stressed, such as: it was the policy of the seminar that first, wetlands should be totally avoided, second impact should be minimised, and third compensatory wetlands should be used as a last resort because of the failure of most man-made wetlands to fulfil their intended purpose. Also, it was stressed that wetlands should not be used for storm water discharge under any conditions. In addition, parking lot run off should be lead into a pond created on site for this purpose.

    4. Environmental Bulletin: Lorraine found several copies of this publication at the seminar which provided useful information. It is put out by NHDES, and Lorraine will attempt to subscribe to it.

    5. Responding to Wetlands Board: From one of the above bulletins, Lorraine learned of what the Wetlands Board would like to know from conservation commissions when they respond to dredge and fill applications. The members asked her to prepare a format from this information which we can then consider at each dredge and fill application.

    6. Town emergency/work in wetlands: Again from a Bulletin, Lorraine learned of the procedure when a Town needs to do work in a wetland on an emergency basis. An emergency permit can be issued by the Chairman of the Wetlands Board over the phone. Semi-emergency situations can be handled by a letter from the conservation commission accompanying the application and the waiving of the 10 day intervention period. It was requested that Lorraine send a letter to Bob Courage whom, it was felt, most likely did not know these facts.

    7. Shoreline Protection, HB 755: Celeste had provided Lorraine with a copy of this HB 755, and Lorraine prepared copies for each member to review. This bill proposed a 125 foot setback from all public waters in the State.

    8. Fire Ponds: As a result of the Wetlands Seminar, Lorraine had learned that our policy of accepting fire ponds in wetlands as been in order had to be reviewed and revised. She pointed out that if a fire pond is placed in wetlands, it means destruction of that wetland, and a fire pond need not necessarily result in a more valuable wetland. Also some fire ponds need to be lined, and this would destroy their value as a wetland. She also raised the issue that the ACE had insisted that the fire ponds in the Badger Hill development be moved to uplands. If this is how they act, it was felt that this is how we should act. Lorraine also reported she had discussed this issue with SCS relative to us mainly lacking the knowledge to make a valid judgement as to whether or not the fire pond would result in a more valuable wetland, and had been advised that all we need to do is call on SCS for an opinion.

    9. Wetland Violation Policy of Action: Members reviewed and discussed a draft of this policy which Lorraine had prepared. One item in this draft was what-to do if the property owner refused to permit an on site inspection. Town Counsel had advised against the search warrant type of approach, according to Mark Fougere. It was therefore decided that Lorraine would call the Wetlands Board to ask if they could step in such cases, and how long it would take for them to take action.

    10. Our Guidelines for the Dredge and Fill Process: Lorraine advised members that she had been told by Tom Chrisenton that all dredge and fill applications should be referred to the Army Corps of Engineers in Waltham, Mass. This is the responsibility of the applicant. Such information should now be included in our guidelines, and Lorraine will redo them to include this. She will also include the need to register certain Dredge and Fill Permits with the Registry of Deeds.

  6. CARL CHAPPELL, OSGOOD ROAD/WETLANDS VIOLATION: Mr. Chappell met with the Commission as a result of an illegal square pond he had created in a stream on his property. Russ explained to Mr. Chappell that this work which was done without a permit is illegal and the Wetlands Board may impose a penalty. He added that we have to advise the Wetlands Board of this violation and recommendations to that Board need to be developed. In addition, he advised Mr. Chappell that he would have to go to the Board of Adjustment for an after-the-fact special exception. Mr. Chappell explained that he has for years farmed the land up to the edge of the stream, and that about every two years he needs to go into the stream to clean out the vegetative growth that develops, dies down, and fills up the stream bed, causing flooding further back on his property. He built the pond to help control the flooding and to make it easier to clean out the streambed. He admitted he obtained no professional assistance in development of the pond. He also has put in a culvert and roadway over this same stream without permits, in order to reach additional land for farming purposes. It was stated that when the By-pass was developed, it made flooding in his fields worse. By cleaning out the stream and making the pond, which he did this fall, it has helped alleviate the flooding problem.

    Russ suggested that Mr. Chappell obtain written reports from neighbors regarding flooding problems they had after the By-pass was built and the fact that the cleaning out of the streambed on a regular basis has helped relieve these problems. He also suggested a history of the flooding problems be developed and Hazel will assist Mr. Chappell in this. As a result of this meeting, the following actions are to be taken:
    1. Mr. Chappell is to request the assistance of SCS for stabilization of the slopes of the pond and in erosion control.
    2. Mr. Chappell is to apply for an after-the-fact dredge and fill permit from the Wetlands Board.
    3. He is also to advise the Army Corps of Engineers of the project.
    4. He must apply to the Board of Adjustment for an after-the-fact special exception.
    5. Lorraine will send a letter and a copy of the guidelines to Mr. Chappell and give him general assistance as needed.
    All of the above must apply both to the illegal pond and the illegal culvert and roadway across the stream. Lorraine raised the issue of annual maintenance of the stream which Mr. Chappell feels is necessary. She explained that this will require a special exception and also a Dredge and Fill Permit.

  7. BUSINESS LICENSE: The members discussed the draft of this license which Lorraine had prepared. In the process it was stressed that this proposed system is to serve as a trigger for possible violations and therefore it was felt that the format should be kept simple as possible. Should an unacceptable business apply, further action could and would come at that time. It is proposed that the actual license be issued by the Board of Selectmen, but that it be required that the Planning Board and/or the Conservation Commission review each application prior to its submission to the Selectmen. Lorraine will prepare the draft in final form, and a covering letter will also be prepared. She and Russ will then meet with the Selectmen to discuss this further.

  8. SPACE FOR MCC IN NEW TOWN HALL: Both Lorraine and Russ had been in touch with Lee Mayhew relative to us obtaining the old office of the Police Chief for the Commission, and the fact that Lee stated that this area had been already assigned as storage for the janitor, would not be renovated in any manner and would be unsuitable for our use. The members were of the opinion that some private area was definitely needed and it was decided that Russ would meet with the Selectmen on this issue.

  9. YES STINSON, ALTERNATE: Lorraine reported that though the Selectmen had received Mr. Stinson's letter and Russ's response, the Minutes of that Selectmen's meeting did not indicate they had accepted his resignation. Vivian was requested to obtain this acceptance from the Board.

  10. GREAT BROOK FAILED LEACHFIELD: With Janet not at this Meeting, Lorraine reported that Janet had reached the health officer who would be checking out the problem. Janet had not heard anything further from him.

  11. BURNS LAND FINANCES: Lorraine reported that the appraisal of this land and the Rotch piece for LCIP purposes had cost $3000.00 and had been paid out of the Accumulating Funds. The survey of both pieces by NEFF had also been paid out of the same fund in the amount of $2783.15. She then received another bill from NEFF for the balance of the work they did in the survey and this bill amounted to $3202.88. She reported there were insufficient funds in the Accumulating Fund to pay for this. Because all the above expenses relate to the purchase of the Burns' land she put forward the following proposal: When the current land Certificate of Deposit comes due on January 27 1990, a check will be obtained from the Milford Coop Bank in the amount of $5,783.15 (appraisal and part of survey) and paid into the Accumulating Fund from which it was withdrawn originally. A second check will be obtained in the amount of $3202.88 made out to NEFF to pay for the balance of the survey. The remaining balance of the current Certificate of Deposit will be invested for 31 days. A motion was made by Margaret Pratt and seconded by Dave Andrews and voted unanimously in favor of the motion to authorize Lorraine as Treasurer to execute the above proposal when the Land Certificate of Deposit matures on January 27 1990.

  12. BURNS LAND/LCIP REQUIREMENTS: Margaret reported she had been in touch with Mr. Bramley regarding the update on the appraisal required by LCIP. He had been in touch with LICP but had found nobody to talk to regarding just what was required of him. Russ gave Margaret the information she needed, and she will be back in touch with Mr. Bramley. All that is required is a letter from Bramley stating that he did the appraisal last year and that the information contained therein is still valid. Russ stated this is a procedural item only. It is also hoped that it will not cost much.

  13. LAND INFORMATION PACKAGE: Lorraine reported on Janet's behalf that the print out for 10 to 49 acres had been requested from the accountant, but had not yet been received.

  14. CONDITION OF AFFLUENT FROM W.W.T.P.: Russ had received another letter from Steve Dolloff advising the Commission of problems with the affluent from the Treatment Plant. Russ was not sure why we were being given this information, what was being done about the problems, what is being done to prevent them in the future, etc. Vivian offered to be in touch with Steve to obtain answers to these questions.

  15. PROPOSED WETLANDS ORDINANCE: It was reported that as a result of the Public Hearing held on January 23 1990, some changes needed to be made to the proposed ordinance. A meeting has been scheduled by the Planning Board for 7p.m. on Thursday January 25 1990 to meet with members of the Commission to review the comments made at the Public Hearing and prepare needed changes. Margaret was unable to attend this January 25 meeting, and so Lorraine and Dave will do so. Margaret will prepare additional information needed by the Planning Board and will also be in touch with Celeste for her assistance. This will all be given to Lorraine in time for that meeting.

  16. ASPHALT DISPOSAL: Dave reported that disposal of asphalt can only be done in double lined containers, according to DES. It is known that asphalt is in the dirt dumped at the Balcom site, and also in fill being dumped by Public Works at our request at the Hitchiner Town Forest. Lorraine will check into this further and take the necessary actions with Mr. Balcom and Bob Courage.

Because of the lateness of the hour, the balance of the agenda for this meeting did not receive attention, and will be scheduled for the next meeting.

The next meeting will be a Public Meeting, scheduled for 7.30p.m. on Thursday, February 8, 1990 in the Town Hall.

Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of FEBRUARY 8, 1990

Present:
Russell Monbleau, Chairman
Margaret Pratt, Vice Chairman
Lorraine Carson, Secretary
Hazel Burns, Edna Silva, Janet Piche,
Vivian Barry, Selectmen's Representative.

  1. TUCKER BROOK TOWN FOREST: Hub Seward met with the members to advise them that Trailwrights planned further work on the trail system scheduled for Saturday, March 17 1990. Lorraine will call Roger Lessard for further information, and also will advise Beckie Mann of the Girl Scout group. She will also attempt to get some news coverage for the event to draw the public.

  2. MINUTES: On motion made by Margaret Pratt and seconded by Edna Silva it was voted unanimously to accept the Minutes of the January 11, 1990 and January 18, 1990 meetings as presented.

  3. WETLANDS ORDINANCE: Lorraine advised the members that there would be a public hearing on Monday, February 12 1990 for this ordinance and all members were asked to attend. She had been asked by Norm Erikson to present an introduction to this hearing. She also distributed copies of the ordinance showing the changes made since the January public hearing. Lorraine also advised that she had obtained considerable literature from Nashua Regional Planning Commission which was of great help in preparing further information to give to the Planning Board and to the public at the upcoming public hearing. Among the literature was a copy of the Merrimack River Corridor Management Plan, developed by NRPC, and for which the Commission had had to pay $10.00. Lorraine had also prepared three maps, using the latest topographical maps, to indicate where the various streams and rivers and ponds listed in the proposed ordinance lie. One of these maps will be in the Planning Board office, one in the Town Clerks office and one in our files. These maps are part of the new proposed ordinance.

  4. BUSINESS LICENSE: Russ reported on the meeting he and Lorraine had had with the Board of Selectmen on February 5 1990 to discuss this proposed means of controlling the use of existing buildings relative to wetlands and the aquifers. The Selectmen were generally in favor of the idea, but some felt that there should be no charge for such a license. It was decided that a meeting would be held between Lee Mayhew, Lorraine and/or Russ, the Fire Chief, Building Inspector, Planning Director, Steve Dolloff and Richard Mace to discuss this idea further before the Selectmen take any further action.

  5. WETLAND VIOLATION POLICY OF ACTION: Members had reviewed the draft of this policy as of November 28 1989. Lorraine advised them that in the case where the property owner refuses access for inspection it would not be wise to rely on the wetlands Board because of their work load. The members therefore decided that the policy would include in such cases that the matter be immediately referred to the Selectmen with a request for a Cease and Desist Order. Lorraine will now prepare this policy in final form and distribute copies to the members for reference.

  6. HITCHINER TOWN FOREST WORK/JIM LAWLER RECOGNITION: Margaret is in the process of completing this award, and Russ suggested that we present it to Jim at Town Meeting in March. Lorraine will check with Jim to ensure he is there and with Bob Philbrick to ensure this would be in order.

  7. WHALEN/STELLOS SUBDIVISION/WETLANDS: John Sennott and Mr. Whalen met with the Commission to discuss the preliminary proposal of a subdivision on land behind the Milford Medical Center on Nashua Street, which abuts the Souhegan River and has wetlands on site. Currently 21 building lots all of which are on town sewer and water, is proposed. It is also proposed to have about 5-2 acres of open land for conservation on the site. The site is now an open field under farming. It has a sewer interceptor running through it as well as a well pump house for the Curtis wells across the Souhegan River. The site is approximately 20 acres. There is a cart road leading into the field which crosses wetlands on site in three locations. The proposed access road to the development will cross at these same locations. Box culverts are in existence. The three crossings will have to be widened and the culverts will have to be replaced. A total of 8000 sq.ft of wetland disturbance will take place, excluding buffer zone infringement. Because of the 100 year flood plain involved in this site ' and fill therefore needed, compensatory storage areas are provided. Four areas will involve the buffer zone. A runoff treatment swale will also be in the buffer zone. The houses will be slab on grade. The Commission members made little comment ' feeling that an on site inspection would have to be made before further comments. Lorraine will try to organize this with John Sennott for next week.

  8. HAMPSHIRE HILLS SKI TRAILS: Margaret reported she still had not prepared a draft of a letter to be sent to Rick Holder.

  9. CONSERVATION CAMP: Lorraine reported she had been in touch with Tim O'Connell to find out progress for students to attend this camp either in April or June. Tim admitted he had forgotten about it, but would get right back on track. He called Lorraine the following day with two highly recommended students to attend the April land management seminar. One is Andrew Rakiey who is in tenth grade and who hopes to go to college to study land use. The other is Sarah Ferrency, 10th grade, recommended by Tim as an extremely bright and intelligent student, very interested in land management and environmental issues. The members agreed to send both students to the April seminar, and Lorraine will be in touch with Tim.

  10. JIM LAWLER/HITCHINER TOWN FOREST ASSISTANCE: Lorraine reported she had had a phone call from Jim to advise her that he was not going out of scout work, though he was not to remain as the scout master. He assured her that his commitment to the Hitchiner land remained, and that he would continue with the fencing project as well as the general upkeep of the trails and any other work he felt needed doing on the land.

  11. BALCOM BROS./WETLANDS VIOLATION: Lorraine reported that the recommendations from SCS relative to the fill in wetlands on this site had been received but she had heard nothing further from Balcom. She therefore wrote him a letter again detailing his lines of action and requesting he start the process. Notification had been received from the Wetlands Board of their receipt of our report. Relative to the dumping of fill in the buffer zone, the members asked Lorraine to write a letter to Mr. Balcom explaining that this is illegal and advising him to take the necessary action.

  12. EMERSON PARK: Relative to another committee being formed to oversee the upkeep of Emerson Park and the fact that one member of that committee should be a member of the Conservation Commission, Lorraine reported that she had heard favorably from both Dick Fisk and Bill Ferguson that a new committee be formed. Lorraine therefore suggested that Margaret Pratt be a member of this new committee, as its chairman and that Hazel Burns also be a member. She suggested she remain on the committee as its treasurer. She explained that in the past she has done all the "overseeing" herself and that the other two members would be required to do little. Both Hazel and Margaret agreed to being on the new committee. The finances of Emerson park exist in a certificate of deposit and a savings account. The names of Lorraine and Margaret will now be on the bank records as "and/or signers". Relative to very limited funds of the Park and the fact that a considerable amount of new plantings are needed to put the Park into good shape, Lorraine requested the Commission to consider permitting a maximum of $250.00 of the interest on the Nees Bequest be used to purchase plantings this spring. Margaret put a motion on the floor and it was seconded by Janet and voted unanimously in favor, to permit a maximum of $250.00 of the Nees interest to be used for purchase of these plantings. Lorraine will take care of ordering them and of organizing Dave Boissonneault to plant and water them. She will also arrange with him to pull additional dead plantings in the park in spring, and for regular summer maintenance schedule for the Park.

  13. CURTIS FARM POND: Lorraine reported Tom Curtis had given some thought to a compromised pond and had also made arrangements to meet with Dr. Kettenring on February 7 1990 to discuss the matter further. Lorraine did another on site inspection of the property on February lst, and at Tom's request, accompanied him to the Wetlands Board meeting. As a result of what Dr. Kettenring had to say, Tom decided on a 1.45 acre pond to be located in the southerly corner of the originally proposed 5 acre pond. This would reduce the impact on the wetlands, and would still provide him with enough soil to reclaim the gravel pit. It was explained to Dr. Kettenring that the photographs accompanying the original application gave the incorrect impression of the wetlands on site when the viewer had not performed an inspection of the property. Dr. Kettenring indicated that the Wetlands Board would most likely accept the new proposal, and also suggested that a letter of support from the Conservation Commission accompany the new proposal. He also stated that if the Commission requested it, the Board would most likely waive the "no third rehearing" in this case and accept this new proposal as a rehearing instead of a new application. Tom will be returning to his engineer for a revised set of plans and Lorraine will provide the needed letter from the Commission. Both she and Tom felt it was a very worthwhile trip to the Wetlands Board's office.

  14. LAND INFORMATION PACKAGE: Lorraine reported she had called the NH Coop. Extension Service for a progress report and had learned that the envelopes are all addressed and ready to mail, just awaiting the kits from the University.

  15. 1990 TREE PROJECT: Margaret suggested that she arrange for the tree still on the Hitchiner Town Forest land and scheduled for the Jacques School to be planted for Earth Day. Everybody agreed with this idea. Relative to the trees to be purchased for this year, Margaret stated that John Ferguson and she were not happy with the quality of trees from the nursery in Concord which has large trees available, and would prefer to use Cherry Hill Nursery as we have done in the past. This would mean slightly smaller trees than we had hoped to get but she felt they would be a far better quality. She will arrange for two crabapples for Osgood Pond dam site and two evergreens for the Police Station for spring planting. Relative to Hitchiner Manufacturing Co., Lorraine reported she had had a phone call from John Morrison relative to the Elm Tree Research Institute in Harrisville. She said she got the impression that Hitchiner definitely wants elm trees planted in the program, and she felt that unless we did this, the financial assistance would likely not be forthcoming. Mr. Morrison suggested she call the Institute which offers a resistant strain of elm trees. That Institute has a program whereby they supply seedlings which must be planted and tended for two years before being transplanted to permanent locations, they organize for the local Scouts to take care of the trees and give them instructions etc. They offer Liberty Elms which are resistant to road salt, have an upright growth and come with a ten year warrantee. Lorraine will call the Institute to find out further information and cost to us, and will report back. Mr. Morrison had ended the conversation by stating "When you are ready for the funds, let me know". Lorraine also reported she had been advised by John Ferguson that the Scarborough Company wished to donate a tree to the Town for Earth Day, and that they wished to erect a plaque beside it stating it was donated by that company. In preparation for the location, Lorraine had talked to Bob Courage for any suggestions he might have - he was interested in having a tree at Keyes Field provided it was a larger tree because of the many young children in that Park, and he also suggested that perhaps Bicentennial Park could do with another tree if John Ferguson agreed. Scarborough wished to plant a willow tree, but Bob was totally against that. The members were also against it. Lorraine will convey this information to John and get reports from him as to progress.

  16. WES STINSON: Lorraine reported that the Board of Selectmen had officially accepted the resignation of Wes Stinson as of January 22, 1990.

  17. TOWN BARN, SOUTH STREET: Lorraine reported that, as requested, she had done an inspection of this site with Bob Courage. She had prepared a written report of her findings as follows: The project was designed by Dufresne-Henry with considerations given to the close proximity of Great Brook; the project received all necessary State approvals; the project did not receive Board of Adjustment approval because it was the policy for town projects to be exempt from town rules; the entire property to the rear of the building addition is hot topped. This hot topped area is sloped from all four sides towards the center so that all run off is directed into as drain system located in the center of the backyard. From these drains, the runoff is lead around the building on the South Street side in an underground drainage system to a permanent grassy swale on the north side of the building, and then finally into Great Brook. The backyard is fenced off from Great Brook. Road salt is stored in a concrete building located along this fence; the building has a top topped floor which slopes away from Great Brook and towards the drains in the center of the year. Salt and sand are mixed outdoors on a hot top area to the left of the salt storage building in a corner with concrete buffer walls along two sides of the corner to prevent salt/sand from going into Great Brook. The hot top slopes towards the above mentioned drains. She reported the entire area was tidy, clean and well-maintained.

  18. TOWN WORK IN WETLANDS: As a result of reports the Commission has from time to time received from the public that whereas the public are forced to abide by town rules, the town does not follow its own rules, this issue was raised with the Selectmen by Russ and Lorraine on February 5 1990. Russ asked the Selectmen to take a stand to resolve this issue for once and for all. The Board of Selectmen voted unanimously to set a policy that whenever the Town proposes work in the buffer zone of wetlands, it will go before the Conservation Commission and the Board of Adjustment. It was stated that work in wetlands would require State approval which has always been obtained. Lorraine was asked to write a letter to Bob Courage, Mark Fougere, Norm Erikson and Jack Ruonala advising them of this policy.

  19. GREAT BROOK/LEACHFIELD PROBLEM: There was nothing further to report on this problem which had been handed over to the Health Officer. Janet Piche was asked to please be in touch with Mike Lynch for a progress report.

  20. SPACE IN TOWN HALL: Lorraine reported that it had come to the attention of the janitor, Roland Sousa, that the Commission was after the Chief of Police old office. However, this room had been assigned to Roland for storage space to include the flags for the Oval. Roland talked to Lorraine and stated that he did not wish to keep the flags in that room as access was very difficult; anything else he was to store in there could easily be stored elsewhere, and he would prefer space for the flags in the hallway of the Oval entrance to the Town Hall. He said he would talk to Bob Courage. He did, and Bob had no problem with the flags, and advised Lorraine that as far as he was concerned the Commission could have that room in the basement. On February 5 when Russ and Lorraine met with the Selectmen, this story was related together with a request that we be given that room. The Selectmen voted unanimously to give us the use of that room. However it was pointed out that no renovations had been done in there and none were planned. Russ and Lorraine stated to the Board that this was no problem; we would take care of any painting etc. that might be needed oursleves. We will have the use of this room as soon as CSI who are doing the renovations, are done with using it as their office. (Additional Information obtained after the February 8 1990 meeting: Lorraine received a phone call from Peter Leishman on February 10 advising her that Patti Horne wished to swap offices with the Commission. Lorraine planned to talk to Patti about this the following week. However, on Monday, February 12 while in the Town Hall, Bob Courage raised this issue, stating he had found out that Patti had apparently put notices on the two doors that her office would be moved to the Chief's old office, without having talked to the Commission at all. Bob Courage, in charge of Town Buildings, was very annoyed about the events, and took Lorraine to visit that room again, now vacated by CSI. He pointed out some finishing work which was needed where the walls meet the ceilings and stated his men would be doing this as it was not in the renovations budget. Lorraine again advised Bob Courage that the Commission wanted this room and not any other in the basement. The room Patti Horne wished to give us would put our office directly opposite the Welfare Waiting Room in the basement and would provide little privacy unless our door was kept closed.)

  21. BURNS LAND/LCIP: Margaret reported that Mr. Bramley still had not done the updated appraisal work for which she had long ago asked. She had been in touch with his office several times to no avail. She will continue to try because the matter is becoming urgent now. She had found out that this work will cost about the same as the original appraisal (about $4,000). Russ stated he would also be in touch with Bramley's office in an attempt to get things moving. Relative to the needed title search on the Burns land, Margaret reported that Tom Enright whom she contacted for this work, was also the attorney for the Burns, and though he felt there might be a conflict of interests, he was still prepared to do the title search and at no charge to the town. Members asked Margaret to be back in touch with Mr. Enright to request the work be done immediately. Margaret advised that LCIP also want to know if a title search was done on the Rotch land. Lorraine will take care of this issue and will give Brenda Lind the information needed.

  22. HITCHINER TOWN FOREST/SCHOOL SITE: Russ stated that he had recently talked to the Selectmen (at a meeting when a quorum was not present) regarding the on-going suggestions by the Selectmen that this land would be a site for consideration relative to a new school. He expressed to the Selectmen his opinion that this was an impractical site because of distance from center of town, no sewer, no water, solid granite subsurface, narrow roads leading to the land, etc. The selectmen present at this discussion, namely Richard Mace and Peter Leishman, agreed with Russ that this was an impractical site. At our meeting of February 8 1990, Vivian Barry also agreed that this was an impractical site for a school. It is hoped that this is an issue that will not be raised again for a school site.

  23. EARTH DAY: Lorraine reported that Joanne Turner of SCS is working with Scarborough Warehouse in an effort to get "something" going for Earth Day in Milford. She had hoped to do a considerable amount, but had learned in the process that it was something that would require more time and manpower than what was available. However, she did request that a warrant article be submitted to Town Meeting for a vote of support from the citizens of this day. Lorraine has done this and the Selectmen have accepted that article. Joanne had also provided a petition for same, in case the selectmen did not accept the article.

  24. WETLAND ISSUES: Lorraine reported she had ordered and had received some of the wetlands publications we had agreed to purchase. She will review them and report in time. She also reported she had written to D.E.S. for a subscription to "Environmental Bulletin" but to date had heard nothing further. Relative to our response to the Wetlands Board, Lorraine presented members with a new draft of a simplified Checklist for their consideration. It had been found that the previous Checklist for Dredge and Fill issues was too long and complicated and also was little used. The new draft follows the requirements for comments by the Wetlands Board. Applicants will be requested to complete the new form, once approved, and it will be the basis for our report to the Wetlands Board. For subdivisions of four or more lots, the Wetlands Board requires the Dredge and Fill Permit be recorded at the Registry of Deeds. In making inquiries from that Board as to how this is handled, she was advised that it is the responsibility of the applicant to record the Permit, but the Wetlands Board does nothing in the way of checking this has been done. On the new Checklist, this information is required as the last item, and it will simply fall upon the Commission to follow up on this. Lorraine will take on this job and "hound" the applicant until this information is in hand. As another means of obtaining recording of the permit, it was suggested that Lorraine talk to Mark Fougere and/or Bob Millard regarding perhaps holding up issuance of the building permit until the recorded information is in hand.

  25. CARL CHAPPELL/WETLANDS VIOLATION: Lorraine reported that although she had written a letter to Mr. Chappell giving him guidelines as to what to do relative to permits etc., she had heard nothing further. Hazel stated that the Chappells are working on a history of the drainage situation on their land. It was agreed to give them another two weeks to take action and if not, then Lorraine will be in touch with them again.

  26. CONDITIONS OF AFFLUENT/W.W.T.P.: Vivian Barry reported she had made inquiries regarding why we receive notification of the condition of the affluent and what we should do about it, and stated we need just to file the notifications. Russ did not accept this response, adding that the Treatment Plant advised us of a violation of their permit, that they have broken the law, and we cannot accept this as "everything is okay". Vivian will talk further to Bob Courage, and will arrange for him to meet with us at our next meeting to discuss the issue further.

  27. ASPHALT DISPOSAL: Lorraine reported she had been in touch with D.E.S. regarding the laws applying to this issue, and was advised as follows: that asphalt is not considered a hazardous waste material, but rather a solid waste material; as a solid waste, it must be disposed of in a licensed land fill or at a site holding a demolition materials dumping permit; in small quantities, DES did not feel there was a problem in it being part of fill used such as at the Hitchiner Town Forest; in a mature condition, asphalt is of little danger as a pollutant, but in fresh form will leach out into the soils various oils which can pollute ground water. DES provided the Commission with a copy of the State Solid Waste rules and regulations.

  28. DR. A. LAW/CONSERVATION ISSUES: Lorraine reported that on January 25, at the request of Dr. Law, she had met with him in his office to discuss various conservation issues pertaining to activities on the George Infanti property which abuts his private land, and a letter he had sent to the Selectmen on January 11 and to which he had not received a reply. Some of the issues in that letter concerned Planning Board and/or Board of Selectmen subjects, and Lorraine made inquiries in both offices and advised Dr. law accordingly. One of the issues that did concern us was the apparent dumping of tree stumps on the Infanti site. From John Ferguson, Lorraine learned that the State recently decided stumps buried were not as much of a pollution problem as originally thought, and had created a new law permitting stumps generated on site to be buried on that site but that the burial location must be 75 feet from any water supply well and a site plan showing the burial site must be filed with DES. She had advised Dr. Law of this, and is in the process of attempting to find out from DES if indeed such a site plan was filed by Infanti. In another issue, Dr. Law expressed the deep desire to provide protection for his house and property for eternity, his house being a National Monument, and also he did not wish to ever see his lands under development. Lorraine discussed with him something along the lines of agricultural land development rights and sent him a copy of Carl Holland's deed. She also advised Dr. Law of the Land Information package, and he would appreciate receiving a kit as soon as available. She will ensure he receives a kit.

  29. ROLAND SPRAGUE/WETLANDS: Lorraine reported that notification had been received from the Wetlands Board that the Dredge and Fill permit for maintenance work on this property had been denied because there were no findings of demonstrated need for the proposed work, and the Board also felt that it could increase flow to downstream abutter and drain adjacent wetland. This letter also made reference to 9,000 feet being involved, whereas that footage had been reduced as a result of our intervention. She also advised the members that the Board of Adjustment had granted a special exception for the work, but they also had some concerns such as the fact that one member of that Board had been advised by Mr. Sprague two years ago he was planning on draining and building a subdivision on the land, which Mr. Sprague now states is not his plan. Sprague stated the purpose is now strictly for maintenance only. The Board of Adjustment also made it clear at their meeting that the Commission gave permission strictly for maintenance and no other activity. Lorraine also reported she had been advised by the Planning Board office that today that office had received a phone call from the EPA office regarding the proposed work, their concern being that the stream involved finds its way under the Fletcher Paint Works building on Elm Street, a site that is now under the jurisdiction of the EPA Super Fund. (Additional information obtained after this February 8 1990 meeting: On February 9 1990, Lorraine received a phone call from Mrs. Sprague relative to the Wetland Board denying the permit. Mrs. Sprague stated that letter mentioned the 9,000 feet and asked Lorraine why. The reason why is that the Spragues filed a Dredge and Fill application before meeting with the Commission, and after meeting with the commission the distance involved in the maintenance was reduced but apparently no amended Dredge and Fill was filed with the Wetlands Board. Mrs. Sprague then referenced the denial and questioned Lorraine as to whether, politically speaking, she felt Mrs. Fletcher was responsible for the denied permit. Lorraine responded by advising Mrs. Sprague she knew nothing whatsoever about such a suggestion.)

  30. WETLANDS BOARD/MCC/OPPOSING ACTIONS: Russ raised the issue that of late Commission had recommended issuance of Dredge and Fill permits in a few cases where the Wetlands Board had subsequently denied the permit. Two cases as examples - Curtis farm pond and Sprague maintenance. He felt that the Commission should look more deeply into applications in future, learn from the Wetlands Board's decisions, and make stiffer decisions in new applications. He also referenced Badger Hill where we had some concerns with some wetland involvement but let the developer have his way only for the Army Corps of Engineers to come along and demand a change which ended up supporting our original desires.
Because of the lateness of the hour, the balance of the agenda did not receive attention. The unfinished items will be transferred to the agenda for the next meeting to receive priority attention.

Thursday, March 1, 1990 at 7.30p.m. to discuss among other issues, a line of action for Town Meeting.
Thursday, March 22, 1990 at 7.30p.m. regular monthly Public Meeting (This is being moved from the second Thursday of the month because the secretary will be on vacation that week).
Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Minutes of Work Session of MARCH 1, 1990

Present:
Margaret Pratt, Vice Chairman
Lorraine Carson, Secretary
Hazel Burns, Edna Silva, Celeste Barr
John Ferguson, Alternate
Vivian Barry, Selectmen's Representative

  1. MINUTES: On motion made by Hazel Burns and seconded by Edna Silva, the minutes of the February 8, 1990 meeting were accepted as presented.

  2. CONDITION OF EFFLUENT FROM W.W.T.P.: Steve Dolloff, Head of the W.W.T.P., met with the Commission to explain and discuss the monthly report he provides on the condition of the effluent, as required by State law. This report often contains violations of the permit. Steve explained that this new law was designed to warn of violations but because of the way it was worded, it requires even the smallest violation to be reported. There is apparently discussion in Concord, to reword this law to avoid the paper work it has created for minor violations. The law also does not require the degree of violation to be reported. Relative to the pH violations, Steve explained that this is seldom high in error, and is rectified by adjusting the air in the system. Relative to the chlorine residual, he explained that the permitted mg per litre is set by the E.P.A. and is based upon the nature of the water into which the effluent passes. With ours going into the Souhegan River, a value of 0.7mg/litre has been set as the permitted level. This figure has been reduced from previous values as more knowledge is acquired. With the type of equipment we have, it is almost impossible to attain the required level, and Steve has requested a waiver from the EPA. He is still awaiting a response from them. If the permission is not granted, it will mean having to install additional equipment at the Plant which would be a great expense to the Town. On the other hand, if the EPA grants the waiver, Milford would no longer be in violation relative to the chlorine residual. After the discussion, the members generally felt that there was no real problem at the Plant and agreed with Steve that the wording of the law should be amended to cover large problems, and not the very minor ones normally experienced at our treatment plant.

  3. HOUSE BILLS: Various house bills covering conservation commissions, conservation easements, current land use, the right to know law, and wetlands were reviewed. Vivian was asked to report back on the status on bills numbered HB1417, 552, 1115, 1381, 1173, 1196, 1251 and 1503.

  4. CARL ANDERSON/WETLANDS/MASON ROAD: Lorraine reported she had had a call from Mrs. Ande-rson advising that as a result of further interference by Rep. Dave Wheeler, State permits for their new house on Mason Road had been pulled. The result was that the house is completed and ready for occupancy but cannot be used because there is no longer an effective permit for the septic system. Mr. Wheeler had also apparently advised the Wetlands Board that as a result of the culvert put in on the Anderson property, his property was suffering from backed up water. At the request of the Andersons, Lorraine did an on site inspection of the property on February 1, at which time photographs were provided by Mrs. Anderson of the stream beyond the culvert. Lorraine reported that she could find no cause for Mr. Wheeler's complaint. While on the on site inspection, Mrs. Anderson pointed out a wetland area lying between the culverted stream and the Anderson/Wheeler property line. From under Mr. Wheeler's adjacent driveway and flowing into this stream, Mrs. Anderson reported a liquid was frequently seen, often with a foul odor. She provided a copy of Mr. Wheeler's septic system plan which shows the septic system approximately 35 feet from this wetland. On that plan, this wetland was not indicated. It was agreed that Lorraine would talk to the Commission members and then report this violation to DES. Before the Commission met again, Mrs. Anderson called Lorraine to request that nothing be done about this until their permits are back in place. This was at the suggestion of their attorney. The members agreed with this and asked Lorraine to make a note to call the attorney within a couple of weeks for a progress report.

  5. THURSTON WILLIAMS/MILE SLIP ROAD: Lorraine reported this case had come before the Board of Adjustment and that Board had supported our concerns. They had granted permission for Private Way #1 to serve three lots, thus eliminating the need to cross wetlands to reach back lots. They had had Private Way #2 totally removed from the plan. This was the one that lead to the wetland crossings to the back lots. They also made the decision that there would be no further development on Lot 21-4 which currently serves as the OK Tool Lodge site. This was also one of our requests.

  6. TUCKER BROOK TOWN FOREST: It was reported by several members that the sign for this site on Boulder Drive had been moved to closer to the road, which made it much more visible. Members were also reminded to take part in Trailwrights work session on March 17, to meet at 8.30a.m. on Boulder Drive. Lorraine also advised members she had provided Roger Lessard with information on the Sullivan conservation land and the Meadowbrook Conservation easement, both of which lie across Whitten Road from the Burns land, and she had requested Trailwrights to review this for possible further trail extensions.

  7. WETLANDS ORDINANCE PUBLIC HEARING: Lorraine gave a report on this hearing and what changes were offered. The ordinance as it stands will go to Town Meeting with the full support of the Planning Board. Celeste stated she had heard that a petition was being circulated for Town Meeting which is against the 50 foot buffer zone. If this is presented at Town Meeting a 2/3 vote will be required.

  8. BUSINESS LICENSE: Lorraine reported that the joint meeting of department heads and representatives of the Commission will not be scheduled until after Town Meeting to discuss this proposed license. It was felt that perhaps once everybody knows who takes care of what that this may not be needed, but the problem still remains of finding violators before they are violators.

  9. JIM LAWLER AWARD: Margaret reported this award is completed and ready to present. Lorraine reported she had not been able to reach Jim. Now he is on vacation, and next week she will be on vacation. Margaret agreed to call Jim next week to make sure he will be at Town Meeting and that he will be in agreement with the award being presented then. Lorraine had been in touch with the Town Moderator who was willing to make time for this presentation.

  10. WHALEN/STELLOS SUBDIVISION/NASHUA STREET: Lorraine reported she had done an on site inspection of this property on February 21, but found the ice and snow cover was such that the wetlands on the property were almost totally obscured. She advised Mr. Whalen who was present at the on site that it would have to be done again once the snows melted. He was in agreement with this. He also indicated to Lorraine that he was interested in donating to the town various pieces of open land on the property which will result from the subdivision and will be talking further to the Commission about this. Margaret expressed concerns about these small pieces of land being donated to the Town and the liability they could mean.

  11. HAMPSHIRE HILLS SKI TRAILS: Margaret presented the draft of a letter she had prepared to be sent to Rick Holder of Hampshire Hills requesting remedial actions be taken at the wetland crossings. It was suggested that a dead line be put into the letter and at Margaret's recommendation, the date of July lst will be used. Lorraine will type the letter to Mr. Holder.

  12. CONSERVATION CAMP: Lorraine reported that although she had been in touch with Tim O'Connell several times, she still did not have the application forms for the two students attending the land seminar in April. Because of the time constraints, she requested permission to make payment for this as soon as the application forms are received. Edna put a motion on the floor and it was seconded by Margaret and voted unanimously to authorize Lorraine to make payment in full for the two students as soon as the application forms are received.

  13. BALCOM BROS./WETLANDS VIOLATIONS: Lorraine reported that in response to the letter to Mr. Balcom urging him to commence actions on the violations, she had received a phone call from Mr. Balcom advising that he had had several personal problems which had prevented him from beginning the process. He would, however, be making a start by mid March.

  14. EMERSON PARK: Lorraine reported that whereas the Commission had authorized an amount not to exceed $250.00 for plantings for the Park, the total amount needed was $227.97. When the Nees Bequest Certificate of Deposit comes due on March 13, she will obtain a check for this amount and send off the plant order.

  15. 1990 TREE PROJECT: Lorraine reported that at John Morrison's suggestion she had contacted Elm Research Institute and had obtained a complete set of the literature they supply. In order to purchase trees, annual membership is required, and based upon population, Milford's cost would be $300.00. This would purchase 100 Liberty Elm trees of about 1 to 2 feet in height. We would be required to provide land space as a nursery and the Institute would contract and train the local scouts to plant, maintain the nursery and assist in eventual transplanting. In 2 to 3 years the Institute states, the trees will be ready for transplanting and will be 6 to 8 feet in height and 1 to l-2 inches in calibre. The trees come with a 10 year guarantee. With this information she obtained John Ferguson's opinion. Present at this meeting, John stated he was not totally happy with the Institute. The State Extension Forester also did not have a good opinion of the project. John added that usually the Dutch Elm Disease does not bother the trees until they are about 10 years old, and so the guarantee did not mean much. It was also felt that 100 trees were more than we could place, and the work involved in transplanting this many trees would be enormous. Margaret stated that the accepted survival rate for trees raised in a nursery is 90%, which raises further questions about the guarantee. She was also concerned about the fact that these trees would need pruning during their stay in the nursery, and also some root pruning would be needed because of having to be transplanted. The plot would have to be prepared in advance, and kept weeded and fertilized. Questions were also raised about the security of planting them in the Hitchiner Town Forest fields relative to vandalism. Edna expressed the opinion that it seemed to be a lot of work for not very sure return. The members also felt that because of the constantly changing membership in the scout groups, it may be wise to have scout masters and members of the Commission trained also, to care for the trees. John felt that it may be worth a try if we could get far fewer trees for far less money, but Lorraine's inquiries proved that 100 trees is the minimum. Celeste expressed the opinion that she felt these trees were more successful than generally thought, having purchased a few herself which were doing well. She had visited the Institute and had also called them today for the information package they supply. It was not known at this time if the scout groups would even be interested in taking on such a project, but Hub Seward, present at this meeting, will make inquiries and report back. Margaret stated she would shortly be meeting with an individual who is a national authority on tree diseases, and she would obtain his opinion. It was decided to take no further action until this opinion is in hand.

  16. GOVERNOR'S TASK FORCE ON SHADE TREES: Lorraine related she had received a request from this Force for information on our planned activities for Arbor Day. As we have no particular plans for that event, she provided details of our Tree Project since its beginning.

  17. WORK IN WETLANDS: Several issues related to this were discussed.
    re: Town Policy/Own Rules: Lorraine reported that when she and Russ met with the Selectmen on February 5 the Board took a unanimous vote to establish the policy that the Town will observe its own rules when doing work in wetlands. This fact did not appear in the Minutes of that meeting and she write to Dick Mace requesting the minutes be corrected. To date this has not been done. Vivian said she would ensure that those Minutes are corrected. The Commission felt this is a sensitive issue and feels it is very important that that decision of the Selectmen be in writing.

    re: New Checklist: Review was made of the checklist prepared by Lorraine based upon information she had learned is required by the Wetlands Board in responses from a local level on Dredge and Fill Applications. Much discussion ensured over the new checklist. Lorraine explained that it was developed to take care of both large and small wetland cases. It was explained that when possible the engineer for the project would complete the checklist, with the Commission reviewing same to ensure it is done to our satisfaction. In the case of a private individual, he would be given all necessary assistance from the Commission. Not all of the items included in the checklist would be needed for every case. The members expressed satisfaction with the draft, and Lorraine will prepare same for distribution.

    re: Recording of Dredge and Fill Permits: With the new law, these permits for subdivisions of four or more lots are required to be recorded with the Registry of Deeds prior to being valid. Lorraine reported she talked to Mark Fougere about how best this could be done. Mark advised her that he personally submits all plans, permits etc. to the registry for subdivisions and does not submit until he has all the needed documents in hand. He will now wait until the Dredge and Fill Permit is in hand too, before making the recordings. Lorraine had put this in writing to him and had copied various other departments in order to spread the word. Lorraine will keep track of getting the book and page numbers from Mark and enter this information on the new checklist for each case.

  18. GREAT BROOK LEACHFIELDS: Lorraine reported she had yesterday met Mike Lynch in the Town Hall and was advised that he had been in touch with a State representative stationed in Milford. He will be doing an on site inspection of the leachfield and Mike will report to us once he has that report in hand. Mike did tell Lorraine that the condominium in question is currently unoccupied.

  19. SPACE IN TOWN HALL: Members were brought up to date with events on this issue since our last meeting. During that time, Patti Horn had decided she wanted the Police Chief office and that we could have the room originally assigned to her. She met with the Selectmen on this issue and advised them the change over was with the support of the Conservation Commission. This was totally untrue, and Lorraine reported that she and Patti had a conversation of only seconds on this issue during which Lorraine had advised Patti the change was not acceptable. However, the selectmen abided by Patti's request, and she had now been given the Chief's room and we have the smaller one she was in. Russ had written a letter to the Selectmen regarding this, and had requested they enforce their earlier vote, all to no avail. Vivian admitted that the selectmen had made the decision based upon untruths told them by Mrs. Horn, and that they had also measured both rooms finding the smaller one some 6 sq.ft. less than the Chief's office. Vivian felt this room had enough space for all of our equipment, files, map case, desk etc., and had enough space left for 5 or 6 of us to meet in there if needed as well. The members remain dissatisfied with the handling of this issue by the Selectmen and the fact that even after they found out they had been given totally wrong information by Mrs. Horn, they abided by their decision to go along with her request. Lorraine also raised the issue that with the new key system in the Town Hall, and the fact that the door to the Meeting Room is permanently locked, the Commission has no access to the copy machine nor its "office" over weekends, if needed, nor at night. Vivian said she would try to get the needed keys for us.

  20. BURNS LAND: Margaret reported she expected to have the title search in hand within the next day or two. Lorraine reported she had given Brenda Lind the title information on the Rotch parcels, and had followed this in writing. Russ who was unable to attend this meeting, had reported to Lorraine that he has been in touch almost daily with Scott Heath of Bramley's office, and had the poor news that it was unlikely that the re-appraisal information would be done by the time LCIP meet on March 12. If we do not have the needed information in time for March 12, the case will not be discussed until LCIP meet next month. John Ferguson and Margaret had prepared a letter to LCIP relative to the timber rights on the property and had prepared the draft of an agreement between Bill Burns and the Conservation Commission on the same subject. This Lorraine will type on our letterhead, and mail it to Margaret who will then get both the signature of Bill and Russ and then send it to LCIP.

  21. EARTH DAY: Lorraine reported she had been contacted by Joanne Turner who is heading a group to organize activities for Earth Day, and she will give a talk on town conservation land particularly those parcels with trail systems. For this purpose she had prepared one of the composite maps of Milford to identify the lands in question. She will also give a talk on wildlife rehabilitation. Celeste stated she is working with Joanne on Earth Day activities and one of the many things being planned is, hopefully, a setting up of booths. If this happens, Celeste hopes to present a booth of possibly EPA activities, and it is hoped the Cosnervation Commission can set up a booth as well. We await further news on the booth plan before making further arrangements.

  22. CARL CHAPPELL/WETLANDS VIOLATION: Lorraine reported that as of February 28, she had heard nothing further from Mr. Chappell relative to his starting the process needed for the work he has done illegally in wetlands on his property. She therefore dropped him a line asking him to begin the process as soon as possible.

  23. NASHUA/MERRIMACK JOINT MEETING: Notification had been received that the two conservation commissions from these towns were organizing a meeting of commissions from surrounding towns to discuss mutual issues. This is scheduled for 7p.m. on Monday, March 12 1990 in the Nashua City Hall. Those members who have the time are asked to attend and report back.

  24. SPNHF CONSERVATION LAND INFORMATION: Lorraine received a request from SPNHF to provide them with a map of conservation land in Milford. This she did by using an old composite map of Milford. This is to form part of a large map being developed as part of the Earth Day activities in Concord. A seminar is also planned for April 28 and 29. More details of this will be available soon.

  25. BUDGET/WARRANT ARTICLES FOR TOWN MEETING: It had been planned to discuss these issues at this meeting and make plans as to who would talk on what. However, with Russ and several other members not being present, Margaret suggested that she organize a short meeting for March 8 to discuss this. Lorraine reported that when Russ called her this evening, she had reviewed with him details he needs to know to talk in support of the request for funds to survey the town land at the Fish Hatchery. The remaining warrant articles were reviewed in preparation for March 8. Lorraine also advised members she would not be available to speak on any conservation matters as she will be taking the minutes of Town Meeting. She will also be away on vacation next week and therefore unable to attend the March 8 meeting.

There being no further business to come before this meeting, the meeting adjourned at 10p.m. The next meeting will be at 7.30p.m. on Thursday March 22, 1990 in the Town Hall. This will be a public meeting.

Respectfully submitted, Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of MARCH 22, 1990

Present:
Present: Russell Monbleau, Chairman Margaret Pratt, Vice Chairman Edna Silva, Janet Piche Lorraine Carson, Secretary

  1. MINUTES: On motion made by Margaret and seconded by Edna, the Minutes of the March 1, 1990 meeting were accepted as presented.

  2. TUCKER BROOK TOWN FOREST TRAIL SYSTEM: Hub Seward reported that on March 17, 1990 approximately one more mile of trail system was prepared with 9 Milford residents taking part as well a members of the scout groups. No member of the Conservation Commission was present. He stated the trails needs to be measured and blazed and he will arrange for the scouts to do the blazing. Hub raised the subject of updating the brochure which contains a map of Tucker Brook area and including this trail system on it. He also suggested he would see if a scout would do a survey of the trails as a merit badge project. It was decided because of budget cuts this year, that the brochure would be worked on in 1991. An excellent report of the activities was in the Nashua Telegraph, written by Andrew Wolfe, who also took part in the preparing of the trail.

  3. JIM LAWLER AWARD: It was reported that arrangements had been made with Jim to present this award sometime in April at the Hitchiner site. Margaret suggested that we wait until June when there will be a camporee at the Hitchiner Town Forest, and arrangements will be made to have a reporter present.

  4. SUMMER CAMP/LAND SEMINAR: Lorraine reported that she had sent payment for one student to attend the land seminar in April, and had also written to the parents to establish better communications. She had again been in touch with Tim O'Connell asking for one more student either for the seminar or for the camp in June. Hub Seward said he would also try to find another student.

  5. 1990 TREE PROJECT: Margaret reported that it is hoped to transplant the tree from the Hitchiner Town Forest to the Jacques School on April 19 in conjunction with Earth Day projects. She also reported having difficulty in obtaining the trees needed for the 1990 plantings from one nursery in order to avoid having to pick them up from several different ones. She also reported she had not yet been able to reach Dr. Alec Shigo relative to his impressions of elm trees from the Elm Research Center.

  6. BURNS LAND: Lorraine reported that she had sent the timber cutting rights agreement between the Commission and Harlan Burns to LCIP, together with the Certificate of Title to this property. It was understood that the new appraisal had also been sent to LCIP by the appraiser himself. To date, his invoice has not been received. Russ stated that the Burns land had now been appraised at $475,000 mainly because of the change in the economy of the area. The Rotch piece had been appraised at $135,000 because with town water and sewer available for this property, an additional development lot would be possible. Lorraine reported an invoice for $400.00 had been received from Griffin & McKenney for the Burns Certificate of Title. On motion made by Janet and seconded by Edna, it was voted unanimously to pay this invoice from the Conservation Land Fund when the Certificate of Deposit matures at the end of the month.

  7. EARTH DAY: With Celeste not present at this meeting, it was not known what progress is being made relative to booths being available. Lorraine reported she will be giving a talk on the Conservation land trails and also on wildlife rehabilitation at 7.30p.m. on Monday, April 30 1990.

  8. OAKLAND HEIGHTS/WETLANDS: Phil Tuomala, Libby Anderson and Al Stevens met with the Commission to discuss the proposed development off Osgood Road. Located directly opposite the Middle School, this 7 acre parcel is to be subdivided into 15 lots. A mobile home stands on one of these lots, which is scheduled to be removed; another lot has a house on it. There will be wetland crossings for the roadway and three driveways. It is proposed to join Osgood Road and Oakland Drive with a roadway through this parcel. There will be 12" culverts under the driveways and roadway which will be raised in order to delay the run off of stormwater. The stormwater runoff will be lead to a retention pond on site and from there it would flow over the pond lip and into a level spread, finally reaching a drainage ditch in existence off site. The total wetland area on the site is 32,500 sq.ft. involving Class 5 soils. The wetland is isolated with no stream in or out. Libby Anderson stated there is sandy soil on the site with the wetland having a n indistinct channel running down the middle. Within the wetlands there are small humps of dry areas. The function of the wetland is storage of water, which it is doing now. Mr. Tuomala explained that the natural flow of water on this site is from Oakland Drive towards Osgood Road, and felt that development of this site would not cause water problems to existing homes on Oakland Drive. (Russ reported having had communications with some property owners expressing concerns because they already have water problems in basements). Mr. Tuomala stated that water from a 25 year storm would stay on site. There is no evidence of run off of any kind from this site. In July and August, it was stated, there is usually no standing water on the site, but the wetlands are soggy. It was established that the foundations of most of the proposed homes will be 3-2 to 4 feet into the ground only because of the high water table. Russ Monbleau stated that the Commission's concern is that development of this site would have a major impact on the wetlands. He suggested alternatives to be considered to reduce this such as shared driveways or private ways or dead end streets from Oakland Drive and from Osgood Road. This would result in a reduction of lots in the subdivision. He also pointed out that the A.C.E. has jurisdiction over all wetlands. He recommended, and was supported by members present, that the engineers take another look at the site and perhaps redesign the development in order to reduce the impact on the wetlands. It was the opinion of the Commission that the plan as presented would not be acceptable to the Wetlands Board. Russ suggested Mr. Tuomala talk to Mark Fougere relative to using private ways to reduce the impact. The Commission will recommend to the Wetlands Board that a Dredge and Fill permit not be issued for the plans as proposed now. Lorraine will write to both Mr. Tuomala and the Wetlands Board conveying what was discussed at this meeting.

  9. MILFORD COOPERATIVE BANK/AQUIFER/50' BUFFER ZONE AT SOUHEGAN RIVER: John Sennott and Dick D'Amato of the Milford Cooperative Bank met with the members to discuss a proposed branch of the Bank at the junction of Elm Street as it runs into Wilton Main Street and Route 101 West. This location abuts the Souhegan River, and is also over the aquifer. With the new Wetlands Ordinance now in effect, a 50 foot buffer zone is involved in this project. The Commission had no problems with the proposed development relative to the aquifer, but the building will be right on the edge of the 50 foot buffer zone. A retaining wall around the parking area will be well within the buffer as well as the parking lot itself. In discussion, the engineer was requested to preserve as many trees along the river bank as possible. Lorraine expressed a desire to do an on site inspection prior to making any decision relative to the 50 foot buffer zone. It was decided that at least four members would do an on site inspection at 5p.m. on Thurs day, March 29 1990. A decision would be made at that time as to what to recommend to the Board of Adjustment.

  10. SOUHEGAN RIVER BRIDGE: Lorraine reported that a Dredge and Fill application had been filed by the State Dept. of Transport for the new bridge on Elm Street to replace the old Iron Bridge. She had made an on site inspection on March 13 1990 with the Project Manager, and had no problems with the work proposed. The general opinion of the Commission was that it is not anything we could object to with any degree of success even if we wanted to. Lorraine was asked to recommend issuance of the Dredge and Fill permit to the Wetlands Board.

  11. DAM REGISTRATION FEE: Lorraine advised members that an annual registration fee in the amount -of $50.00 was due on the Hartshorn Pond Dam, which dam is considered Conservation Commission property. This is a Class A dam. On motion made by Margaret and seconded by Janet it was voted unanimously to authorize Lorraine to pay this fee.

  12. EDUCATIONAL CONFERENCES: Lorraine requested permission to attend the annual meeting of the Hills. Cty. Conservation District at which a lecture will be given on the status of New Hampshire Rivers Management and Protection Program. The fee for this, which includes dinner, is $10.50. On motion made by Janet and seconded my Margaret it was voted to authorize Lorraine to attend this meeting, pay the fee, and report back to members. Margaret will also be attending but as an employee of the County. Also, on May 5 there will be a workshop on community resources in Derry. Margaret will also be attending this as an employee of the County. A similar workshop is scheduled for April 28 in Keene. Nobody will be attending this.

  13. MEMBERSHIP FOR 1990: Discussion took place relative to members' terms that would expire at the end of March 1990, namely Hazel Burns who did not attend this meeting, and Lorraine Carson both for full terms, and John Ferguson as an alternate. Rumor had it that Hazel would not be willing to serve a further term on the Commission. Russ stated that Dave Andrews who is currently an alternate, had indicated he would not want full term at this point in time because of his business load. It was not known if John Ferguson would be prepared to serve again. Lorraine will call Hazel, John and also Joe Zadrosny. Hub Seward indicated he would be willing to serve on the Commission, and he was requested to submit an application to the Board of Selectmen as soon as possible.

  14. LAND INFORMATION KIT: Lorraine reported that the various printouts of properties 50 to 100 acres, 10 to 49 acres, and a combined list of all properties over 10 acres were in her possession. She worked on the combined list with the objective of grouping property owners to facilitate the members visiting them to review the kits. In the process she found innumerable errors in the list, to the point where the list as it stands now is useless for our purposes. The Assessing Clerk is currently on vacation, but as soon as she returns, Lorraine will do what she can to have this list corrected. She felt that as the list now is, there is nothing further we can do about distributing the kits to property owners because we don't really know who they are.

At this point in the meeting, two members had to leave, which meant a quorum was not present, and so the meeting was closed at 9.45p.m.
The balance of the agenda will be covered at the next meeting which will be Thursday, April 12, 1990 at 7.30p.m. in the Town Hall.

Respectfully submitted,
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of APRIL 12, 1990

Present:
Margaret Pratt, Vice Chairman
Janet Piche, Edna Silva, Celeste Barr,
Robert Wisniewski and Hub Seward as new members
Lorraine Carson, Secretary

  1. MEMBERSHIP: On April 9 1990, the Board of Selectmen met with prospective new members for the Commission and made the following appointments: Robert Wisniewski, full membership for two years Hub Seward, full membership for 1 year John Ferguson, alternate for 1 year. As a result of the terms of office chosen by the Selectmen, which was not in accordance with our recommendations, the terms of office of all commission members expires within the next two years with no carry-over members. As a result of Lorraine being an employee of the Commission, the Selectmen chose not to renew her term. She is instead designated as the secretary and conservation assistant. She pointed out to the members that as a result of no longer being a member, she would not be performing any volunteer work for the Commission as she has done on an almost weekly basis to date. This will mean additional funding will be needed for paid. hours only and/or other members will have to pick up additional work loads. Because only $6,300 is in the budget for this position for 1990 at an average of 15 hours per week, it was decided to retain the assigned funds in our Operating Budget in the amount of $1,500.00 for any overage that may occur in this paid position. Lorraine provided each member present with a list of member names and addresses and phone numbers in a "round robin" fashion to be used in getting messages to all members telephonically. Lorraine will now advise the NHACC of the new list of members.

  2. TOWN MEETING RESULTS: Lorraine reviewed the results of Town meeting with the members and the following actions were taken:
    1. Wetlands Ordinance: Copies of the Ordinance as of March 1990 were given to each member for reference.

    2. Burns Land/LCIP funds: This land, once final transfer takes place, is classified as Town Forest.

    3. Mayflower Conservation Land: This land is now also classified as Town Forest. Lorraine also reported that she and John Ferguson had done some work on marking the boundaries of the property, with only the boundary along the Shady Lane houses to be marked, plus the land of the Mayflower Hill Standpipe property. She reported that Trailwrights will be checking into designing an entrance trail through the standpipe land from Shady Lane. Lorraine will also be in touch with Beckie Mann to find out for certain just how much time and effort her girl scout group wishes to do in the way of creating new trails on this town forest land. As a result of the work she and John did in marking the boundaries, she learned that there is considerable opportunity for additional trails. Lorraine will report back as soon as she gets a definite answer from Beckie. Sign for Mayflower Hill Town Forest: Lorraine put forward the idea that we prepare a sign for this land to be erected on Shady Lane once the new trail entrance is created. After discussion of same, Bob Wisniewski offered to prepare a routed sign on Redwood himself, to be lettered on one side only. Janet put a motion on the floor and it was seconded by Edna and voted unanimously to reimburse Bob for any expenses incurred in this project.
      The sign is to read: MAYFLOWER HILL TOWN FOREST.

    4. Land Fund Appropriation: Relative to requesting the amount of $50,000 appropriated at Town meeting, Lorraine had learned from the accountant that the end of July would be a good time to request these funds. By that time, tax monies will be available. Lorraine will obtain these funds then and deposit them into the Land Fund.

    5. Currant Land Use Penalty: Our request for the penalty for change of use was denied at Town meeting. However, it was the Commission's desire to bring this up at the 1991 Town Meeting again.

    6. Town Land at Fish Hatchery: The request for $3,925 for a survey of this land was denied at Town Meeting. Lorraine advised members she had conveyed this in writing to Dennis McKenney who was to do the work. She also reported that in a discussion with Russ, both he and she were in favor of paying for this survey out of Accumulating Funds which account currently has a balance of approximately $8,500.00. The Commission discussed this at length, and made the final decision that, with the possibility of one of the Hatchery's wells being on this land, some information should be obtained from Fish and Game Department as to its interest in purchasing this property once surveyed. Celeste also put forward the name of an individual interested in serving on the Commission who is the town planner in Keene and also a surveyor. She will be in touch with him to ascertain his interest or willingness to do this survey for us.

    7. Budget: As part of the Selectmen's Budget, an amount of $6,300 had been appropriated for conservation assistant wages. Lorraine reported that as a result of under appropriation of the Town Budget at Town Meeting, Lee Mayhew had asked her to find out where the Commission could afford cut backs. Because we received a considerable cut back in 1989, the members felt that we would retain this entire amount for 1990.

    Operating Funds: An amount of $5,000 had been appropriated for this. Lorraine advised that all bills will now be paid by the Town, and in time, our Now checking account will be closed. She also advised that we do not have to turn over to the Town any income we receive. She had submitted documentation to the accountant for funds we have spent from January 1 to March 31 1990 and we will shortly be receiving a check for those expenses. This amount will be put into the Accumulating Funds.

    Petty Cash: Lorraine reported that we now have a Petty Cash fund in the amount of $25.00.

    Expenses for First Quarter: Lorraine presented and reviewed expenses to March 31 1990 with the members.

    $1,000 appropriation for Equipment: This amount was appropriated at Town meeting to purchase needed equipment for our office in the basement of the Town Hall, same to include approximately $700 for a map case. Lorraine reported as follows:
    1. There is a desk in our room, and so no funds are needed for this item.
    2. A chair is needed which can be purchased through Tom Ray Office supply for just over $100.00, with a maximum of $110.00.
    3. A simple wooden unfinished book case is needed and Lorraine put forward purchasing this from Mr. Ralph Pierce. It was agreed she would decide on measurements for same and order it for a maximum expenditure of $50.00.
    4. Map Case: Lorraine reported she had reviewed what would need to be stored in a map case, and found only a few mylars required storage, plus a few large aerial photographs. She did not feel a $700 map case could be justified. After discussion it was agreed that she would purchase instead a corrugated roll file with an overall depth of 43" and capable of holding 25 rolls from Tom Ray Office Supply for no more than $105.00. V. Four drawer file cabinet: This is a much needed item, and could be purchased for approximately $220.00. There is this amount earmarked in our own operating budget, but the members decided this item should be purchased from the appropriated $1,000.00 for equipment, and authorized Lorraine to purchase same.

    After discussion of the above, Margaret put a motion on the floor and it was seconded by Janet and voted unanimously in the affirmative to authorize Lorraine to make the above purchases for a total amount not to exceed $500.00. The balance to be returned to the Town.

  3. SUMMER CAMP/LAND SEMINAR: Lorraine reported she had written to Sarah Ferrency who would be attending the seminar and had advised her that we would like a talk upon her return. To date, in spite of considerable efforts, we have not been able to find another student to attend the conservation camp in June.

  4. 1990 TREE PROJECT: Margaret reported that on April 18, the tree for the Jacques School will be planted behind the new addition to the building, and she will oversee the project. She also stated that she is having problems finding one nursery that has available all the trees we need for the 1990 project, and the result is that she will have to pick up trees from various nurseries. She stated that the expenditure for this year will be well under the set-aside $1,000 for this project.
    Relative to purchasing Liberty Elm trees from the Elm Research, Margaret reported that Dr. Shigo was against this research center, its claims and methods. It was his recommendation that the Commission not partake in this project. Because Hitchiner Manufacturing appears interested in supporting our Tree Project only if we become involved in this Center, Lorraine asked Margaret to obtain a report in writing from Dr. Shigo and also John Marro who does not have a good opinion of the Elm Research Center either, so that this could be passed along to Hitchiner, in the hope that they will make a donation anyway to the 1990 Tree Project.

  5. BURNS LAND/LCIP FUNDING: Margaret reported that Brenda Lind of LCIP had called her, and also Bill Burns, to advise that everything is in order for the funding for the purchase of this land. Maybe within one month, the paperwork will be in order and final transfer of the property can take place. Lorraine reported she had paid $400.00 for the title search on the Burns property, and $3,000 for the reappraisal. However, in obtaining a check from the bank at the time of the land fund certificate matured, she had erroneously obtained a check for $4,000 instead of $3,000. When she discovered this error, the land fund had already been reinvested in a certificate for one month. She therefore obtained a correct check for $3000 for the appraisal, and put the remaining $1,000 in the NOW checking account until the certificate matured at the end of April at which time it will be added to the fund for a new certificate.

  6. EARTH DAY: Celeste reported on the progress of activities for Earth Day. One of the events will include booths in the Town Hall with the Commission having one of its own, to be manned by the members. This will be on April 22 from 2p.m. to 4p.m. It was decided that Lorraine would provide copies of the maps of trail lands she had prepared, but copies would not be available as handouts, based upon the idea of not being wasteful. Copies will be available later in the Town Hall for interested individuals to pick up. Lorraine will take care of providing these copies and keeping them available. Relative to Earth Day funds, Celeste was given a blank deposit slip in order to deposit into the Commission's NOW account, donations received to date. Lorraine advised Celeste that according to the Town Auditors, the Commission may only write out checks on this deposit for which receipts are available. Lorraine also reported that both the Chamber of Commerce in Nashua and the one in Milford were interested in having copies of the trail maps, and she will provide them with a supply.

  7. MILFORD COOPERATIVE BANK/WETLANDS: It was reported that Margaret, Edna, Janet and Lorraine had done an on site inspection of the Banks new location at the corner of Elm Street and Route 101 where the 50 foot buffer zone is in effect at the Souhegan River. As a result of this inspection, the Commission sent the following recommendations to the Board of Adjustment: that the special exception be granted with the conditions that as many trees and other types of vegetation already growing on the steep slope to the River be retained in order to reduce erosion; that the slope to the River be seeded with a grass mix designed for steep slopes and highly erodible areas; that a snow fence be built along the edge of the slope before construction of the retaining wall and building occurs; that except for vegetated stabilization of the slope, there should be no further disturbance from the edge of the slope to the bank of the Souhegan River. Lorraine reported that the Board of Adjustment granted the special exception based upon our above recommendations.

  8. LAND INFORMATION KIT: Lorraine reported that with Bea Kimbal back from vacation, she had discussed the erroneous printout we had been given of properties over 10 acres. Bea agreed to look into this and provide us with an accurate printout of properties and property owners. Until this is done, nothing further can occur in our contacting those property owners relative to the kit.

  9. BUSINESS LICENSE: Lorraine reminded the members that some time ago she Russ had met with the Selectmen over the proposed business license. The result of this meeting was that various boards would meet to discuss what falls into whose jurisdiction and then proceed from there. Nothing had been done to organize this meeting to date, and Lorraine questioned if the Commission wished to pursue this matter or drop it. The decision was to drop it, and she will advise the Selectmen accordingly.

  10. TOWN OF SALEM: Lorraine reported that as a result of a news item in the NHACC Newsletter, she had received a call from Salem's planner requesting a copy of our Conservation Plan, which was sent having received the $10.00 payment. Lorraine also sent, as requested, a copy of our Wetlands Ordinance, Wetlands Guidelines and our Checklist. A copy of our "camping ordinance" was also requested by Salem. She also provided detailed information regarding trails on conservation land, scout involvement and Trailwrights Inc. Salem also sent us a copy of their Wetlands Ordinance, which contained muc of what ours contained, but had a few additional items which were reviewed by the members for possible inclusion in our Ordinance at some later date.

  11. TH0MAS CURTIS/DREDGE AND FILL/FARM POND: Lorraine reported the Wetlands Board had issued this permit for a l-2 to 2 acre pond with slight relocation as a result of the meeting she and Tom had with Dr. Kettenring. Tom had expressed his appreciation of our assistance in this case and he felt with out it, he would not have been able to put in a pond at all. He proposes to start the pond in late summer when it is dry.

  12. HAMPSHIRE HILLS TRAIL SYSTEM: Lorraine reported having received a letter from Hampshire Hills which stated steps have been taken to begin work on the wetland crossings as we had recommended, the work to be finished by July lst. Margaret advised members that a review of the project is scheduled for l p.m. on Monday, April 23rd, meeting in the lobby of Hampshire Hills. All interested individuals were requested to attend.

  13. HITCHINER TOWN FOREST: Lorraine put forward the suggestion that this area be identified by a sign at Mullen Road and Osgood Road. In discussion of this, members felt that because of the high incidence of vandalism on this property that the sign would not last long. For now, the idea was dropped.

    re: Bird Walk: Lorraine reported that she had talked to Hazel Burns about she and Norm Erikson doing another walk of this property with interested public. Hazel was very willing for some time late April/early May. She and Norm will pick a date and advise us accordingly. We will then try for publicity in the Cabinet and the Telegraph.

  14. TUCKER BROOK TOWN FOREST: Lorraine reported that at the March 17 work session with Trailwrights, not a single member of the Commission had been present, though there was a good turnout of public. She and Celeste had talked about this and the poor image it presents of the Commission as a whole. Hub Seward announced that another work session is planned for Saturday, April 21 meeting at 8.30a.m. at Boulder Drive. An attempt was made to have particular individuals of the Commission present as representatives, but nobody could attend except for Hub. It was decided to request Dave Andrews to attend this event as our representative.

  15. SPNHF CONFERENCE: Lorraine announced that an all day conference will be held in Concord on April 28 1990 covering conservation lands and easements, land protection, critical natural resource areas etc. The fee is $12.00. No member was interested in attending.

  16. NHACC NEWSLETTER: Lorraine reported she learned of a free publication called NH Wetlands Priority Conservation Plan from the newsletter, and she had obtained a copy, which is available for interested members. Each member had also received a questionnaire as to what would be most useful for discussion at the upcoming annual meeting of the Association. Members will fill this out themselves and mail it in. Lorraine reminded all members that the annual meeting, which includes considerable talks on conservation issues will be held Saturday, November 3 1990. All members are requested to attend.

  17. DRAINAGE REGULATIONS: With Dave Andrews not able to be present, there was no further discussion regarding revamping of these regulations. Lorraine will attempt to have Dave attend our next meeting at which time this issue can be pursued.

  18. FALCONER AVE. EXTENSION: Lorraine reminded the members that some time ago, an abutter of this paper street, which forms an accessway to the Mayflower Hill Town Forest, attempted to claim ownership of this paper street. At that time, Lorraine had provided evidence that this was indeed used by the public as an accessway. The abutter was therefore required to quiet title. Nothing further had been heard on this issue, and so Lorraine wrote to Town Counsel requesting a progress report. It would be helpful to have this information with work hopefully beginning on the trails on this Town Forest. She will keep in touch with Town Counsel for a response.

  19. TROMBLY EASEMENT/HIKE ALONG SOUHEGAN RIVER: Lorraine reported having been in touch with mark Fougere regarding progress on the Trombly easement and had learned that though it is recorded on the site plans, no deed has been obtained to date. Mark was reluctant to pursue this with Mr. Trombly as it was the only easement along the River and would therefore serve no purpose relative to a hiking trail. In discussion of this trail, Mark put forward the suggestion that the trail begin at the Hospital Association property where the ball fields are located. This would avoid using any of the Potter subdivision properties, and also ample parking is available.. With this in mind, Lorraine reviewed the tax maps and found that starting at this point, only six property owners would be involved. Much of the land is owned by Mr. Trombly and the rest by the Milford Fish Hatchery. Members were in favor of this being pursued, and asked Lorraine to inquire of the Fish and Game Department as to their concerns/willingness to allow development of such a trail through their property.

  20. MASTER PLAN INPUT: Lorraine reported that the Planning Board will be sending out a survey to approximately 1000 homes in Milford for public input as to recommendations for updating the Master Plan. Comments will be sought on items such as growth rate/control, planning, land use etc. Mark is requesting input from various departments as to what questions each department would like on the survey. Because of the lateness of the hour, this subject was not discussed further, but each member was asked to give some thought as to what questions should appear on the survey, and the issue will be discussed further at our next meeting.

  21. JIM LAWLER AWARD: Margaret raised this issue, and requested time be allotted at the next meeting for finalization of presentation of the award.

There being no further business to come before the meeting, the meeting adjourned at 10.15p.m.
The next meeting will be at 7.30p.m. on Thursday, May 10, 1990 in the Town Hall.

Respectfully submitted
Lorraine Carson, Secretary




MILFORD CONSERVATION COMMISSION

Meeting Minutes of MAY 10, 1990

Present:
Russell Monbleau, Chairman
Janet Piche, Celeste Barr, Hub Seward, Dave Andrews (Alt.)
Lorraine Carson, Secretary
Vivian Barry Selectmen's Rep.

  1. AGWAY/GEORGE ACHILLE: George Achille and John Sennott of Thos. F. Moran Inc. met with the Commission to discuss the proposed location of Agway on property owned by Perimeter Associates, and also known as Hayward Commons, on Elm Street, involving the aquifer. Agway proposes a 12,208 sq.ft. single story building, with a 4,000 sq.ft. addition in future plans. The facility will be on town sewer and water. It was noted that this proposed use of the property results in a far smaller impact on the land than that which was originally proposed for this location. Mr. Sennott explained that only the area in front of the building will be paved, the balance to be gravel, sloped to minimize runoff and to control same because of the close proximity of Tucker Brook and the Souhegan River. A common entrance way is proposed off Elm Street to serve Agway and Hayward Commons. On the unpaved area provision is made for storage of shrubbery, peat moss, top soils and such like, but all fertilizer and other chemicals will be stored in the building. The building will be a wooden structure and will have a fire sprinkler system within it. It was established that there is about 75 feet from the corner of the lot to Tucker Brook. No floor drains are proposed. Celeste raised the issue of the possibility of a fire, water being used to put it out, the pesticides becoming mixed with the water, and running off site into Tucker Brook. She suggested some kind of containment area be constructed in the building for storage of such items, and she requested time to make further inquiries of EPA as to what should be used for containment. In review of the Aquifer Protection Ordinance, Russ raised the question of the proposed use which includes storage of toxic materials was indeed a allowable use in this District. "Bulk storage of toxic material for resale or distribution" is a prohibited use.
    With unanswered questions the Commission was unable to give an opinion on this case at this meeting. It was decided that Celeste would be in touch with Mark Fougere relative to a definition of "bulk" and with the EPA for guidelines as to how to store toxic materials with a fire in mind. She and Russ would be in touch with Lorraine with directions as to how to respond to the Planning Board for their meeting with Agway on May 22 1990.

  2. THURSTON WILLIAMS/GRAVEL OPERATION/MILE SLIP ROAD: George Brackett met with the Commission to discuss the proposed 2 acre gravel operation on land off Mile Slip Road. There are two access points to this area from Mile Slip Road, but the Planning Board requires major upgrading of that road before gravel trucks will be permitted. Mr. Williams is not sure he wishes to expend that kind of money on the road. He is considering using Lorden Gravel Operation which abutts his property. Access from Mile Slip Road crosses a stream over which there is an existing gravel road and a culvert. Lorraine raised the question about this culvert and the fact that there is no Dredge and Fill Permit for same. Mr. Brackett was asked to establish the approximate date when this culvert was put in. He was also advised that any work proposed on this culvert would require a Dredge and Fill permit. It was the Commission's opinion as the result of a previous on site inspection done by Lorraine that this road and the culvert would need upgrading to be used by gravel trucks.

    The question of set back requirements from the property line were raised, namely is the proposed operation far enough from the line. Also, the operation is close to the stream on the property. Russ felt that this would require a site specific. Because the proposed size of the gravel pit is 78,000 sq.ft., the Commission requested that a site specific be obtained anyway, because the area is so close to 100,000 sq.ft. Relative to the stream running under the gravel road, it was unclear at this time if this stream was the beginning of Great Brook or not. If it is, a 50 foot set back (buffer zone) is in effect. In order for the Commission to provide a recommendation on the proposed gravel operation, the following points need to be clarified:
    1. Culvert:
      • has a Dredge and Fill permit been issued, and if not an after the fact permit must be obtained.
      • age of the culvert needs to be established.
      • condition of the culvert - George Brackett to seek the assistance of Bob Courage.
    2. Stream: is this the beginning of Great Brook or not? Lorraine will establish this and call Mr. Brackett.
    3. Site Specific: Because of area involved, the Commission requests this be obtained. Is it required because of close proximity of gravel operation to the stream?
    4. Property boundary set back: is there a minimum set back for gravel operations?
    As soon as answers to the above are in hand, a recommendation will be made to the Planning Board. This case goes before the Planning Board of May 22

  3. MEMBERS: The following issues were discussed relative to members:
    1. It was established that Hub Seward had been sworn in as a full member.
    2. It was understood that John Ferguson had not yet been sworn in as an alternate, and Lorraine will be in touch with him over this.
    3. Lorraine advised the members that she had found a note in the mail slot from Bob Wisniewski stating he found he did not have sufficient time to give to the Commission, and was therefore resigning immediately.
    4. A letter had been received from the Selectmen advising that they had appointed an individual by the name of Robert McEttrick to the Commission for a two year term. This individual was unknown to any member of the Commission, and nobody had heard from him.
    5. William Parker, assistant planning director to the City of Keene was present at this meeting. He had been recommended to the Commission by Celeste as an individual very well qualified and he was also very interested in being a member of the Commission. With the only full membership having been filled by the Selectmen without prior discussion with our board having been made, Mr. Parker could only be an alternate. No decision was made relative to this.
    6. Lorraine pointed out that the Selectmen had completely disrupted the terms of office of members of the Commission. She explained that several years ago the terms were poorly set, and at the request of the Selectmen, this was corrected by the Commission advising that board of the precise term required for each member as renewal arrived. This year, the Selectmen have disregarded that information, and as a result half the Commission goes off in 1991 and the other half in 1992. Russ asked Vivian Barry to bring this to the attention of the Selectmen with the request that it be corrected immediately. Lorraine will provide Vivian with the information needed.


  4. MAYFLOWER HILL TOWN FOREST: Lorraine reported she and John Ferguson had marked with paint all the boundaries except for that along the Shady Laneresidences. Hub stated he had found and flagged the corner stones, and Lorraine put forward the suggestion that trees along this boundary be marked like the other boundaries in blue paint, but that the markings be put on the town land side only. Hub said he and John would take care of this. Lorraine also reported she had talked to Beckie Mann of Troop 2028 and they are willing to prepare the entrance trail from Shady Lane through the standpipe land (this land still had to have its boundaries marked). She had written an official letter to Trailwrights requesting their assistance in this matter. Hub reported that in his work along the Shady Lane boundary he had found some of the property owners were using town land as their back yards. One had a wood pile on town land, but was in the process of moving it. Another had apparently done some fire wood cutting on town land.
    Relative to part of a trail from Adams Street running through private property, it was suggested that because of the liability to the property owner that this section of trail be relocated and the existing sectionblocked off. Hub will work with Trailwrights on this. Relative to the accessway off Falconer Avenue, Hub reported that there is now a propane gas tank located on this right of way. Lorraine reported she had again written to Town Counsel for a progress report on the quieting of title supposedly being done by Mr. Crawford. She had heard nothing further to date. Relative to a sign for Mayflower which Bob Wisniewski was to make, Lorraine will be in touch with him to see if he would still do this.

  5. TOWN LAND AT HATCHERY: Lorraine reported she had talked with Doreen Urquhart of Fish and Game relative to the State's interest in purchasing this land which is only accessible over State lands or across the Souhegan River. The upshot of the conversation was that the land is most likely of very little value; that it could perhaps be "donated" to the State; that the State would do a short survey sufficient to develop an acceptable deed; that it would end up with no cost to either party. Ms. Urquhart had expressed the opinion that the survey done by an outsider, would cost more than the land is worth. Lorraine had then written a letter to Ms. Urquhart who will refer the matter to the Land Department, and we now await a response from the State.

  6. OFFICE EQUIPMENT: Lorraine reported she had purchased the map case from Tom Ray Office Supply and it is now in our room in the basement. She had not had the time to unpack it. She also reported that from Office Furniture Center in Waltham, Mass., she could purchase a chair and a four drawer file, and including postage, the cost would be approximately $100.00 less than from Tom Ray. She was authorized to make the purchases.

  7. LAND SEMINAR STUDENT: Lorraine reported she had had a phone call from Sarah Ferrency upon her return from the seminar. Sarah reported having had a wonderful time and that she learned a lot. Arrangements have been made for Sarah to give the members a brief talk on June 14 1990 at 7.30p.m.

  8. 1990 TREE PROJECT: Margaret was unable to attend this meeting due to illness, but had called Lorraine ahead of time with the following information. The new trees for 1990 will not be planted until the first week of June because Margaret will be away prior to that time. She will take care of arrangements with Public Works and with watering of the trees if needed. Margaret also reported that we will be receiving a let