Conservation Commission

EXPANDED DRAFT MEETING SUMMARY THIS IS NOT AN OFFICIAL TRANSCRIPT OF TAPE RECORDED PROCEEDINGS THE INFORMATION CONTAINED HEREIN HAS NOT BEEN REVIEWED OR APPROVED BY THE NCC NASHUA CONSERVATION COMMISSION OCTOBER 4, 2011 MEETING MINUTES A regular meeting of the Nashua Conservation Commission was held on Tuesday, October 4, 2011 at 7:00 p.m. in the Planning Department Conference Room. Chairman David MacLaughlin presided; Members of the Commission Present: Richard Gillespie, Clerk Mary Brundage Peggy Trivilino Suzanne Harvey, Alternate Members of the Commission Absent: Michael Gallagher, Treasurer Cynthia Overby Also in Attendance: Lucy St. John, Deputy Planning Manager Mr. Raymond Roussel, 113 Lund Road Mrs. Kathleen Roussel, 113 Lund Road APPROVAL OF MEETING MINUTES MOTION BY COMMISSIONER GILLESPIE TO TAKE FROM THE TABLE THE MEETING MINUTES OF SEPTEMBER 6, 2011 MOTION SECONDED BY COMMISSIONER HARVEY MOTION CARRIED Conservation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . September 6, 2011 • Tabled 10-4-11 MOTION BY COMMISSIONER GILLESPIE TO ACCEPT AND PLACE ON FILE MOTION SECONDED BY COMMISSIONER HARVEY MOTION CARRIED Conservation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . September 20, 2011 MOTION BY COMMISSIONER GILLESPIE TO ACCEPT AND PLACE ON FILE MOTION SECONDED BY COMMISSIONER TRIVILINO MOTION CARRIED Special Conservation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . September 27, 2011 MOTION BY COMMISSIONER TRIVILINO TO ACCEPT AND PLACE ON FILE MOTION SECONDED BY COMMISSIONER GILLESPIE MOTION CARRIED OLD BUSINESS • Lovewell Pond Cleanup Day Scheduled for 9:00 a.m., Saturday, October 22, 2011. Nashua Conservation Commission Page 2 of 6 10/04/11 Commissioner Gillespie noted weekends are difficult for him; therefore, he would choose a weekday to perform some cleaning on his own. He requested he be advised of where debris should be left • Signs on Conservation Areas Additional signs will be posted on both the Terrell and Lovewell parcels by the Society for the Protection of New Hampshire Forests (Society) in coordination with staff. The Society holds a conservation easement on both properties. The posting will occur when conditions are more conductive (leaves off the trees). NEW BUSINESS Special Election of Vice Chairman, Per Bylaws; Article IX Officers 2.c. Vacancy Chairman MacLaughlin called for nominations for Vice Chairman of the Nashua Conservation Commission for the remainder of the 2011 term. COMMISSIONER BRUNDAGE NOMINATED COMMISSIONER TRIVILINO VOTE ON ELECTION OF COMMISSIONER TRIVILINO TO THE POSITION OF VICE CHAIRMAN OF THE NASHUA CONSERVATION COMMISSION FOR THE REMAINDER OF THE 2011 TERM MOTION CARRIED Chairman MacLaughlin declared Commissioner Trivilino duly elected to the position of Vice Chairman of the Nashua Conservation Commission for remainder of the 2011 term. UPDATES / OTHER BUSINESS • Terrell Homestead Conservation Area (THCA); mowing, debris/old car removal, ordering of signs, posting of signs, brochure, information for website, and trail maintenance. Ms. St. John informed the Commission mowing began the prior Friday at which time half of the field was mowed. She was unsure whether or not, due to recent weather, mowing has resumed. She remarked she and Ryan Young of the Society for the Protection of New Hampshire Forests were onsite and provided direction on the area to be mowed. She stated trees located in the center of the field would be coming down. This work is being performed for the purpose of wildlife management and will provide for growth of successional vegetation providing opportunities for smaller animals to have cover. The brush being cut would be placed along the existing tree line. She noted cars and other large debris remain to be removed and will be addressed when weather conditions allow. BUSINESS & COMMUNICATIONS From: Public Service of New Hampshire Email from James Mayo dated September 26, 2011. Re: Project Update; Nashua High School South 36-38 Riverside Street. Map 75, Lot 271. MOTION BY COMMISSIONER GILLESPIE TO ACCEPT AND PLACE ON FILE MOTION SECONDED BY COMMISSIONER BRUNDAGE MOTION CARRIED From: New Hampshire Department of Environmental Services, Wetland Bureau Re: Utility Maintenance Notification Form for Public Service of New Hampshire PSNH; existing Right-of-Way corridor crosses the Nashua High School Athletic Fields. Directional Drilling method. Total impacted area within the protected Shoreland is 2,500 sq. ft. Total impacted area within the prime wetland setback (Nashua River) is 1,000 sq. ft. Nashua Conservation Commission Page 3 of 6 10/04/11 MOTION BY COMMISSIONER TRIVILINO TO ACCEPT AND PLACE ON FILE MOTION SECONDED BY COMMISSIONER GILLESPIE MOTION CARRIED From: Michael Lotti, email of September 26, 2011 Re: Energy North/PSNH; 38 Bridge Street, monitoring wells MOTION BY COMMISSIONER GILLESPIE TO ACCEPT AND PLACE ON FILE MOTION SECONDED BY COMMISSIONER BRUNDAGE ON THE QUESTION Commissioner Gillespie commented the applicant was looking to reduce the amount of barrier around their drilling sites and wished to utilize straw tubes instead of straw bales. He questioned whether staff has visited the site. Ms. St. John remarked the Commission conducted a site walk a few years prior but she hasn’t visited the site since. She added the engineer conveyed the proposed change is quite minimal. The Commission commented they were appreciative the engineer called to inquire about input. Commissioner Gillespie commented the requested change sounds reasonable. He noted they are drilling with augers (dry method); therefore, there will be no water flowing over the site. He found the requested change to be acceptable. MOTION CARRIED From: Carol Andrews, Executive Director, NH Audubon Re: Birds; State of New Hampshire’s Birds Conservation Guide, report by NH Audubon Report also available on NH Audubon website at www.nhaudubon.org/consrvation/reports-publications MOTION BY COMMISSIONER TRIVILINO TO ACCEPT AND PLACE ON FILE MOTION SECONDED BY COMMISSIONER BRUNDAGE MOTION CARRIED MOTION BY COMMISSIONER BRUNDAGE THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE INTRODUCTION OF COMMUNICATIONS RECEIVED AFTER THE AGENDA WAS PREPARED MOTION SECONDED BY COMMISSIONER TRIVILINO MOTION CARRIED From: BAE Systems Re: Standard Dredge and Fill Permit Application Tax Map Parcel 41-78 90 Canal Street, Nashua, NH Commissioner Gillespie commented he had not had the opportunity to review the communication and wished to be provided that opportunity or an explanation of the communication. Ms. St. John noted the communication was not received until shortly before start of the meeting and explained the applicant had been before the Commission and received authorization to install two light poles. At that time, it was not clear whether or not a Dredge & Fill Application would be required. It is now known that is necessary and the applicant has forwarded a copy of their application. She suggested the communication could be placed on the Commission’s next agenda and she could, in the meantime, provide Commissioners with a copy of the complete application. Commissioner Trivilino questioned whether the requirement for the application was an indication the installation would involve more disruption of the surrounding ground than previously believed. Ms. St. John responded, based on what she has read, the application appears to be in line with what was presented to the Commission in September. Nashua Conservation Commission Page 4 of 6 10/04/11 MOTION BY COMMISSIONER GILLESPIE TO TABLE UNTIL THE NEXT MEETING MOTION SECONDED BY COMMISSIONER HARVEY MOTION CARRIED From: Ridgely Mauck, P.E., New Hampshire Department of Environmental Services, Alteration of Terrain Bureau Re: World Academy, Map B/Lot 76, Nashua, NH Permit: AoT-0317 MOTION BY COMMISSIONER TRIVILINO TO ACCEPT AND PLACE ON FILE MOTION SECONDED BY COMMISSIONER BRUNDAGE MOTION CARRIED From: NH Listens Re: Invitation to Participate in NH Listens: Conversations on Outdoor Recreation MOTION BY COMMISSIONER BRUNDAGE TO ACCEPT AND PLACE ON FILE MOTION SECONDED BY COMMISSIONER TRIVILINO ON THE QUESTION Ms. St. John informed the Commission the communication came through the New Hampshire Office of Energy and Planning and New Hampshire Parks & Recreation. She noted the meeting was scheduled for the following day and is an opportunity for the public to provide comments on outdoor recreational opportunities. MOTION CARRIED From: New Hampshire Association of Conservation Commissions Re: Changes to the NHACC Bylaws to be Voted on at the Annual Meeting on November 5, 2011, Concord, NH MOTION BY COMMISSIONER TRIVILINO TO ACCEPT AND PLACE ON FILE MOTION SECONDED BY COMMISSIONER BRUNDAGE ON THE QUESTION Commissioner Gillespie commented the communication speaks to the Commission nominating a representative to attend the annual meeting to cast a ballot for or against the proposed changes. Ms. St. John commented this communication was also received October 3rd, after the agenda was posted. She remarked she wished to bring it to the commission’s attention to provide ample notification for anyone wishing to attend. She noted she was unsure whether or not funding was available to support the attendance of a commissioner. She suggested the Commission might wish to accept the communication and consider whether or not it wished to appoint a representative and take a position on the proposed changes separately. Commissioner Gillespie was agreeable to accepting the communication and discussing attendance and position on the proposed changes at the next meeting. MOTION CARRIED INFORMATIONAL ITEMS – None PROJECT UPDATES BY COMMISSIONERS Commissioner Gillespie informed the Commission he noticed earlier in the day construction activity at the Lowell Five Savings Bank site on East Dunstable Road. Work is being done inside of the building. Nashua Conservation Commission Page 5 of 6 10/04/11 PUBLIC COMMENT Mrs. Roussel remarked she and her husband were before the Commission with concerns related to construction taking place across the street from their residence, and what, if any, impact such construction would have on the ongoing flooding issues experienced in the neighborhood and the wetlands. She explained they live near the confluence of Hale and Harris Brook (in their backyard). As a means of providing the Commission with history of flooding problems experienced in their neighborhood, Mrs. Roussel informed the Commission major flooding problems were experienced in years past, which resulted from the filling of wetlands located approximately 1/8 of a mile from their residence. The wetlands were filled in during the early ‘90s in conjunction with the expansion of the highway. During that construction, the Army Corps of Engineers held the State’s permits until flooding issues could be resolved. As a means of addressing the issue, the State was required to cover ¾ of the costs of the installation of culverts in their driveway and on Lund Road. The City covered the remaining costs. She provided a copy of the engineering report done at that time, for the record. A 10 x 5 box culvert placed in their yard has alleviated most of the problems as it directs water to the opposite side of their driveway, and there is a large area used as a detention pond. She stated the study called for two 48” culverts under Lund Road, which were installed, but had to be capped as leaving them at 48” caused residents on the other side of Lund Road to experience flooding or increased flooding. The culverts were capped at 36” and a 42” resulting in a net gain of approximately 6”. In the area of one of the culverts is a parcel that has been sub-divided. There are plans to build a home on the portion of the sub-divided lot that is closest to the culvert. She remarked there is an easement identified on lot 52, which might now be identified differently as a result of the lot being sub-divided. She stated the entire neighborhood continues to experience flooding problems and increased development has and will continue to worsen the situation. She stated her hope someone from the City would be able to review the construction that is underway and be able to provide some assurance it will not contribute to increased flooding in the area. Chairman MacLaughlin questioned the lot number of the parcel. Ms. St. John explained the account number to be 9026. Ms. St. John informed the Commission Mrs. Roussel visited the Planning Department in July and expressed her concerns related to flooding, drainage, and impacts to wetlands, and provided the history of the area. That information was forwarded to the Public Works Department, the Building Department, and Code Enforcement as it was believed the issues were more closely related to city drainage/flooding. Mrs. Roussel returned today and informed her nothing has been resolved to her satisfaction and noted the proximity of her residence to the brooks, the filling in of a swimming pool on the property across the street, concerns with a wetland in the area, etc. Mr. & Mrs. Roussel requested the opportunity to attend the Commission meeting, and were informed Commission meetings are public meetings and all are welcome to attend. It was pointed out their issue was not one included on the Commission’s agenda. Ms. St. John added the Chairman generally provides the public the opportunity to convey issues of concern. Ms. St. John informed the Commission the Roussel’s concerns have been again forwarded to the Public Works Department, and stated her belief some of the issues involve culverts, drainage, stormwater, etc. She encouraged Mrs. Roussel to contact the Department of Public Works. Ms. St. John also explained if an individual intends to construct a home they are required to go through the building permit process in which case a review would be conducted of whether wetlands would be impacted. She stated, at this point in time, she is not aware of a building permit being applied for. Commissioner Trivilino questioned the size of the parcel. Ms. St. John responded she couldn’t recall the parcel size, but could provide that information. Commissioner Trivilino remarked there are wetlands encroaching onto the lot. Mrs. Roussel noted, over the years, construction materials have been stored onsite. Commissioner Trivilino stated she would drive by and view the site. Nashua Conservation Commission Page 6 of 6 10/04/11 Mrs. Roussel informed the Commission the City is court ordered, because of the flooding problems, to clean the culverts twice a year, and stated that does not occur. She stated she and her husband take it upon themselves to clean the culverts and the brook. When asked, she stated neighbors are aware of the proper care of the wetlands, but don’t seem to be too concerned, i.e. filling in with leaves, etc. She noted they received the wetland brochure, as did their neighbors. They are frustrated no one else seems to care about the flooding, the wetlands being filled with leaves, yard waste, and with all the development over the years, this just continues to get worse. Chairman MacLaughlin questioned whether Code Enforcement could become involved and notify individuals who are in violation. Ms. St. John reiterated she provided information to Code Enforcement and had the opportunity to speak with Mr. Ortega. However, their top priorities at the moment are related to enforcement issues associated with housing, building safety, etc. When asked if it could be a low priority for Code Enforcement, Ms. St. John remarked she believes it might take more than sending out notices, i.e., knocking on doors and informing people of restrictions or sending out another letter speaking to the concerns regarding flooding/drainage, etc. Chairman MacLaughlin suggested Code Enforcement visit those individuals who are in violation. Commissioner Trivilino questioned if the penalties for wetland violations extend beyond stern talking to. Ms. St. John responded in her time with the City she is not aware of any wetland violations with imposed penalties, and noted imposing penalties is more time intensive and requires substantial follow-up. She reiterated there might be something the Public Works Department can do to address the drainage. Commissioner Trivilino questioned whether a regulatory structure exists within the City identifying/imposing penalties for varying degrees of wetland violations. Ms. St. John responded with any land use code under the Statutes there are provisions to impose penalties, and reiterated in her time with the City she is unaware of any penalties being imposed. She added there are provisions within city ordinances that speak to removal of trees in a wetland or wetland buffers and State RSAs that provide municipalities the authority to impose penalties. She touched upon the varying level of notifications and time requirements involved in addressing such issues. She remarked although enforcement is a means of address such issues, education is an important aspect as well. She suggested in addition to speaking with the Public Works Department another letter could be sent to those in the immediate area making them aware of concerns brought to the attention of the City and the importance of preserving the wetlands, etc. Commissioner Gillespie questioned whether a building permit application had been filed. Ms. St. John stated she is not aware of any permit application. When asked if they would object to members of staff or the Commission visiting their property, Mr. & Mrs. Roussel stated they would have no objections. Ms. St. John stated she would share the minutes of the meeting with the Public Works Department. Mrs. Roussel noted it is the staff of the wastewater treatment facility that cleans the brooks of trees, beaver dams and other obstructions. ADJOURNMENT MOTION BY COMMISSIONER BRUNDAGE TO ADJOURN MOTION SECONDED BY COMMISSIONER HARVEY MOTION CARRIED The Conservation Commission meeting of October 4, 2011 was adjourned at 7:59 p.m. Attest: Richard Gillespie Committee Clerk