Rochester Conservation Commission
Minutes of the February 1, 2006 Meeting
Members Present:
Also Present
Rose Marie Rogers, Chair Mayor John Larochelle
Meredeth Lineweber
Jeff Winders
Paul Marshall
Mark Toussaint
Fred Glidden
Sandy Breton
Jack Hackett, Alternate
Staff: Cecile Cormier, Staff Planner
Caroline Lewis, Recording Secretary
The Chair convened the Public meeting at 6:35 PM.
Minutes – Minutes of January 4, 2006 regular meeting and January 11, 2006 special meeting were reviewed. Paul Marshall moved to accept the minutes of both meetings as presented. Jeff Winders seconded the motion. The minutes were accepted and put in the permanent record.
Discussion Bambi Miller, Strafford County Conservation District, was to be the first speaker. She will be arriving later on in the evening, so the Chair asked the second speaker, Larry Morse to address the Commission.
Proposed gas line from Waste Mgt. to the UNH Durham Campus
Larry Morse, President of NH Soil Consultants, Inc., turned the presentation over to Allan Braun, Jr., of Braun Consulting. Mr. Braun addressed showed the Commission a map of the proposed route the gas line would follow from the TurnKey facility to Durham. He stated there will be a processing plant to filter the carbon dioxide out of the methane before it travels through the pipe line. He stated that the TurnKey is the largest landfill in the country producing gas that is about 52-53% methane.
David White, of White Construction, and John Maynard of the Maguire Group were also present to answer questions about this project.
It was explained to the Commission how the pipeline would be run under the wetland areas and along the west side of the Spaulding Turnpike right of way. Any wetland impacts would be temporary, and any and all disturbances would be restored. At this point they are in the first week of a five-week process. They will try to coordinate meetings with all the agencies and communities involved, and will be sure to invite the Conservation Commission to the meetings.
Paul Marshall asked about the life of this project. The Commission was told that they expect it to be 25 + years before the amount of gas peaks and then starts going down. They hope that in that time other types of fuel will be available. Mr. Braun was asked how deep below the wetlands the pipe will be run. They go between the wetlands and the bedrock, usually 5 to 7 feet, could be up to 10 feet.
Jeff Winders asked about using this gas for the water treatment plant. Apparently this was thought about some time ago, but the amount used there would be a very small amount compared to what the University would use. But Mr. Braun said it would not be difficult to splice into the pipe and run gas to the water treatment plant.
The Commission was shown a piece of the pipe and was told how they fuse the pieces together to make it virtually one continuous piece of pipe.
Mr. Maynard explained that the pipe would follow the turnpike running on the outside of the right of way. Even if the turnpike expanded to another lane wide, they would not have to move the pipe.
Mark Toussaint asked about the Co-generation Plant. Mr. Braun stated they would like to have the plant up a good year running on normal fuel before switching to the methane.
Jeff Winders asked about green house credit grants, and how the project would be funded. Mr. Braun said the University would provide funding.
Ian Trefry of NH Soil Consultants, Inc., will make the Chair aware of the upcoming meetings and keep in touch with her regarding this project.
Conservation Overlay District – Conditional Use Review – Flatley Co & Gibbs Management Corp., Washington Street PB Case #130-38 & 246-21-B2-06
Mr. Malcolm McNeil, who represents Flatley Co., addressed the Commission regarding the effect the project will have on Ax Handle Brook. He stated that there were some issues that were raised at the TRC meeting regarding the drainage characteristics of the site. He is hopeful that the project will be approved at the Planning Board meeting next Monday evening. He stated Mr. Willis, Public Works, has signed off on the drainage plans.
Mr. Anderson, of VHB, showed the Commission the new drainage plans that have addressed the issues that were brought up at the time of the site walk. He explained that they have changed the outlet from the detention pond. There will be two outlets and they will be in concrete structures and be hooded. This should capture floatable material and oil. They have also added an off line treatment swale. 9 – 10 year storm water would be diverted to the swale. They have done these things to enhance the water treatment before it gets to Ax Handle Brook.
Mr. Anderson stated the Commission was concerned about the storage of fertilizer and other garden related compounds that could have an effect on water going into the detention pond. They have instructed Lowes that those items will need to be stored under a roof area.
Mr. Anderson said they have addressed the issues listed on the report from CLD. He read down through the report.
Jeff Winders asked about ice problems in the hooded outlets. Mr. Anderson said they will put in trash racks and the water usually finds a way to trickle through the outlet, even if there is some ice there. He stated the outlets seldom ice up, but even if they do, it is not usually a problem.
The Chair asked if they were aware of another small brook in that area. The Hurd Brook Cruns on the north side of Washington Street across from the Flatley site. Mr. Cane, of the Flatley Company stated that all widening of Washington Street will be done on the Flatley project side, and there should be no effect on Hurd Brook.
There were discussions about water runoff onto Washington Street and the possibility of mitigation using the adjacent property. Mr. Cane explained they are constructing the site so no water will run from the site to Washington Street. They may be back before the Conservation Commission when they begin work on Washington Street, to address any wetlands involved in that part of the project.
The Commission felt that Flatley has worked to fulfill addressing the concerns of the Commission. Paul Marshall made a motion to recommend to the Planning Board that they accept the plan as outlined, with the stipulation that they must remove any invasive species in the detention pond. Mark Toussaint seconded the motion. All voting members were in favor. The motion passed.
New Cases:
Steve Miller, Gagne Street, PB Case 121-32, 32-1 & 37-Bi-05
Rick Lundborn, Norway Plains Associates, and the owner Steve Miller were present.
Mr. Lundborn passed out plans to the Commission members and explained where the former building had been and the proposed locations of the new buildings. He stated the owner wants to re-develop the area with one large apartment building and several smaller ones. The plan is to clean out a small wet area and construct a new sluiceway. At this point there have been no underground test for tanks, etc., however test holes that were dug indicate approximately 10 feet of wood chips in one area of the site.
The City has requested that the contractor include a River Walk to run along the property.
There was discussion about the larger building being in the buffer area. The Chair stated that just because the old building was in the buffer does not mean there should be one in the buffer now.
Mr. Lundborn said the project will not pollute the river, but it will certainly make the site more attractive. If the property is not developed, it will continue to be an eye sore. It is very junky and trashy looking at this time.
Fred Glidden asked about all the water that will run off the tar and house roofs. Mr. Lundborn said they will need to follow all the proper guidelines in regard to the wetlands and water treatment.
Jeff asked about the 100 year flood plain lines on the plans. Mr. Lundborn explained that the lower level of the large building will be under building parking. The living spaces will be on the upper floors.
Mr. Lundborn had a map with wetland flags and encouraged the Commission to do a site walk of the property. A tentative site walk was planned for this coming Saturday, February 4, 2006, at a time to be determined by the Commission members. Ms. Cormier asked to be kept in the e-mail loop in regards to scheduled site walks.
There was talk of the River Walk, and of one known as the Intervale, that was located on the other side of the river years ago.
Ms. Cormier asked Planning Board member Ray Varney how the Planning Board felt about this project. Mr. Varney said the Planning Board has the same concerns about the building being in the buffer.
The consensus of the Commission is that it is just too much, that the buildings are too large. The Commission agreed to do a site walk and then make a recommendation.
Nantucket Beadboard Co., Chestnut Hill Road, PB Case #22-16-I3-05
Rick Lundborn, Norway Plains Associates, presented the Commission with the plans for this project. There was much discussion about the detention pond, the grading of the site and the drainage. The Commission requested that when Norway Plains does plans in the future that they mark the 50 foot and 25 foot lines in different colors on the maps. (the colors blue and yellow were suggested as colored easily seen by members of the Conservation Commission whom are color blind)
Paul Marshall recommended approval, as presented in it’s unique situation, with the placement of flags and orange silt fences, minimize going into the buffer, and re-seeding the area. Fred Glidden seconded the motion. Rose Marie Rogers, Mark Toussaint, Meredeth Lineweber, Paul Marshall, Sandra Breton and Fred Glidden voted for the motion. Jeff Winders abstained.
539 Salmon Falls LLC, Salmon Falls Road, PB Case #109-145-05
Rick Lundborn, Norway Plains Associates, handed out plans for this project. He advised the Commission he was there to discuss the berm and detention pond, not any lot re-configuration. There were many questions from the Commission to Mr. Lundborn regarding the lower detention pond, and the possibility of moving it away from the buffer more. Mr. Lundborn said he would see what could be done to achieve that. The Commission doesn’t like the location of the upper detention pond, but Mr. Lundborn stated
there is no way it can be moved. There was discussion about the depth of the retention ponds (if they are 4 feet or more a dam permit is required, and the State requires a 3 to 1 slope) Ms. Cormier was asked about the maintenance of the retention ponds, and she stated that once the City takes on the road it takes on the drainage as well. Ms. Cormier read through the list of criteria that the Conservation Commission uses as a guide for their recommendations.
Paul Marshall made a motion to NOT recommend this project, with the berm and detention ponds as presented. Jeff Winders seconded the motion. Paul Marshall, Jeff Winders, Fred Glidden, Rose Marie Rogers, Meredeth Lineweber, and Sandra Breton voted in favor of the motion. Mark Toussaint voted against the motion.
G. L. & J. Realty, LLC, Eastern Avenue, PB Case 223-29-1-R1-5
Richard Lundborn, Norway Plains Associates, gave the Commission plans to look at for this project. He pointed out the detention pond and explained the drainage. There were questions about how the drainage might affect the Jacob farm. The owner of that land had spoken with Jeff Winders and does not want his land to become wetter due to this project, because he uses that field for haying. Mr. Lundborn doesn’t think the Jacob farm will be affected. Mr. Lundborn stated that Mr. Nickless (Norway Plains) said the owner would be happy to put an easement on the open land area. The Commission discussed the added value of these lots by having the open space behind them. The open space has lots of uplands.
Sandra Breton made a motion to approve as presented, with proper sediment and erosion measures taken and a deed restriction of “no cut” on the open space. Meredeth Lineweber seconded the motion. Rose Marie Rogers, Sandra Breton, Meredeth Lineweber, Jeffery Winders, Mark Toussaint, and Fred Glidden voted in favor of the motion. Paul Marshall abstained.
The Chair called a recess at 9:16 p.m., and the meeting resumed at 9:29 p.m.
Bambi Miller, Strafford County Conservation District – Ms. Miller addressed the Commission regarding the site walk that was done on the Highfield Commons property. There was a question as to whether the flags have been put out or not. Some Commission members were told it was going to be done, but they were not sure if it had, it fact, been done. Ms. Miller said that Mr. Mullaney was very vague about where the lot lines were during the site walk. Any flags or posts didn’t show up and cutting had been done. In her opinion, some of the lots are going to need good erosion control. Her Board is not going to hold the easement, and they are not set up to do enforcement. She stated this property will need to be set up with fees to manage these pieces of land. Due to the intense
development, there is a need to be sure the land is protected. The reality is there will be a lot of people close to the easement area. Strafford County is unwilling to even take second place on this easement.
The Chair asked about the route that Ms. Miller and Mr. Toussaint took the day of the site walk, as some Commission members went on other parts of the property. Mr. Toussaint said it wasn’t as bad as he thought, but some of the areas were very steep, causing himself and Mayor Larochelle, to slide down a hill. Mr. Toussaint stated it doesn’t appear to be a property that the City of Rochester can afford, as they have no way to manage it.
Jack Hackett said if they had left some trees on the slopes it would have been better, but they wanted to give the unit owners better views. The Commission agreed it was good that the stumps were left or the erosion problem would be even worse. Even small 3 inch trees were cut, and there are little sticks, all kinds of cuttings just laying all over. The cutting was done with out any care at all. It appeared that just timber value wood was cut, as some old rotting trees were left.
There was discussion about why the area wasn’t flagged. The Commission had advised Mr. Mullaney of the site walk and expected to have plans all marked with flags, and the property flagged.
After much more discussion, the consensus was that this project would need more than the City of Rochester could provide. The owner needs to hire someone to find an agency to accept this easement. He does have other choices, but DES isn’t pressing him, so he is trying to get the City of Rochester to take the easement.
The cost of managing this property could exceed $1,000.00 a year. The legal rate for a volunteer is $17.00 to $18.00 an hour, and this would require someone with experience and expertise in land management. That would be closer to $80.00 to $90.00 an hour, plus mileage, report and travel time.
The Chair spoke to the Commission saying that before a motion was made, she wanted the Commission to be aware of what the City plans for the surrounding area. She stated that the City has a stand pipe on Chesley Hill Road, and in order to get water from that stand pipe the City has a pump a the foot of Chesley Hill Road. There are several new projects in that area, ie: Flatley, Highfields, and Secretariat. The City would like to get Highfields to put in a new stand pipe in that area.
Ms. Cormier stated the City has an opportunity to connect this water system in one full swoop, and asked the members to take into consideration the green area of Highfields, and mitigation along Ax Handle Brook. She said if it is done piece meal, Highfields would need something for water pressure.
The Chair said she felt the Commission needed to know all that is going on around the easement property.
The Commission members discussed all the issues involved and the Mayor said he would like the Commission to state the reasons for their decision, for or against, so that the reasons would go to the Council. The more information the Council has the better they can understand the decision.
Paul Marshall made a motion to recommend that the City NOT accept the Conservation easement from Highfield Commons, for the following reasons:
The easement area has been severely over cut
The City of Rochester does not have the resources/staff to enforce, monitor, and do follow up of the area
There is no management plan to re-vegetate the easement area
Despite repeated requests, the property has not been properly flagged
George Bailey had walked the property a few years ago, and felt it had no easement value
The property does not meet the LACE criteria. It only scored a 12 and would never be a parcel the Commission would seek (usually land scores are 50 + before they are even considered)
The motion was seconded by Jeffrey Winders. All voting members voted in agreement with the motion.
There was more discussion about the number of phases involved in Highfield Commons. Ms. Cormier said the road was approved separately, and maybe that was considered another phase. There was discussion about DES not giving approval for cutting, and whether PUD regulations are different than subdivision regulations.
Ms. Miller was thanked by the Commission for coming to speak to them, and she stated she would like to come back to talk about what Strafford County Conservation District can do to help the Conservation Commission. She will come back and speak at the March 1, 2006 meeting.
Mayor Larochelle suggested that Ms. Miller might want to do a more formal presentation that could be recorded and used to educate others who would have an interest in this subject. Ms. Cormier suggested the possibility of using another place for the meetings. The general consensus is to have the meetings remain at the Police Station conference room, but possibly have a third table available.
Mr. Winders had a form that needs to be signed by the City Manager, and given to Strafford County in regard to the Gagne Farm easement. The form was given to the Chair and she will take it to the City Manager. A motion was made by Jeff Winders to have this form signed and returned to Strafford County. The motion was seconded by Paul Marshall. All voting members voted in favor of this motion.
Dredge and Fill Applications
City of Rochester, No. Main St. Bridge Repair & Stormwater Drainage Improvements, Map 121, Lot 10
Mr. Winders asked about how they were going to fill the scouring holes, and if they are moving one of the outlets. Paul Marshall explained that they are using standard procedures in this project, and there are two outlets involved. Paul Marshall made a motion to accept this application. Fred Glidden seconded the motion. All voting members voted in favor of the motion.
Violations
Mohl, Dry Hill Road, Map 250 Lot 6
Great Bridge Properties, Oak Street & Ledgeview Drive, Restoration Plan Approval, Map 251 Lot 10
Reports
Copper Lane Restoration
Paul Marshall made a motion to continue the violations items and the report item to the March 1, 2006 meeting. Sandra Breton seconded the motion. All voting members voted to approve this motion.
Old Business
Purchasing Wetland markers
Ray Varney, Rochester Planning Board showed the Commission where he had a sample of the wetland marker put in the new Conservation Overlay District, on page 12. It tells what colors are to be used.
Conservation Overlay District
The Chair told the Commission that it will take approximately two months for this to go through the Council. It has to be read three different times, and go through all the legal steps before it is all final.
Business Cards
Fred Glidden, who is making up business cards for the Conservation Commission members, was given a list of the members and their telephone numbers. The members had reviewed the list to be sure the information was correct, and corrected any errors.
New Business
Obligation of City Funds
Each member received a copy of the memo from the City Manager, and they all stated they understood the proper ways to utilize the City Solicitor.
Transfer Postage Funds
The Conservation Commission was made aware of the fact that there is now a postage account for them in the City mail room, and the postage fees will come directly from the Conservation Commission postage line item, instead of going through the Planning Board account as in the past. This will eliminate the need for transfers between the two accounts.
Planning Board applications under review – None to review.
Other Business
Mark Toussaint spoke about the special meeting that was held in January. A meeting was needed due to the Chair not having authority to speak for the Commission without their consent. He made a motion to authorize Rose Marie Rogers to speak for the Commission if needed due to special circumstances and if there are time constraints. The Commission voted to discuss this at the next meeting.
Sandra Breton asked the Commission members to give her their comments after site walks, so she can take any information/concerns to the TRC meeting.
Non-Public Session pursuant to RSA 91-a:3 ll (d) – No non-public session was held.
Adjournment
Paul Marshall moved to adjourn the meeting at 10:40 PM. Sandra Breton seconded the motion. The motion passed unanimously.
Respectfully submitted,
Caroline Lewis
Recording Secretary
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