J:\PLAN\ConCommission\2006\Minutes\MinJuly19.doc
Rochester Conservation Commission
Minutes of the July 19, 2006 Meeting
(Approved August 2, 2006)
Members Present: Absent
Rose Marie Rogers, Chair Sandra Breton
Jeff Winders Mayor John Larochelle
Paul Marshall
Jack Hackett, Alternate Excused
Fred Glidden Meredeth Lineweber
Mark Toussaint
Staff: Cecile Cormier, Staff Planner
Caroline Lewis, Recording Secretary
The Chair convened the Public meeting at 6:45 P.M.
Minutes - Minutes of June 7, 2006 regular and non-public meeting were reviewed. Jeff Winders noted that in the non-public minutes, in the second paragraph, it should read has NOT been done, but that the person has been hired.
Paul Marshall made a motion to accept both the regular and non-public minutes with the change indicated in the non-public session. Fred Glidden seconded the motion. The motion passed unanimously.
Conservation Overlay District – Conditional Use Review:
Discussion: Spruce St., Doug LaChance, Map 120, Lot 219
Mr. LaChance had contacted the Planning Department earlier in the day and advised Ms. Cormier that he would not be coming to the meeting. Everything is on hold with this property.
Miller, Gagne Street, Map 121-Lot 32, 32-1 & 37 (formal recommendation needed)
Scott Lawler, Norway Plains Associates, addressed the Commission. He had plans he showed the Commission members. Ms. Cormier had colored the buffer lines and that plan was also shown to the Commission. Mr. Lawler explained he was there seeking a reduction that is allowed in the B1 Zone.
There was much discussion and questions concerning the open space, curbing, snow removal, and drainage. It was suggested that there be a recycle dumpster there, and this has been mentioned to the Planning Board for consideration.
Ms. Cormier stated she does not have any demographic information about this project, but these are being set up as Condominiums. It has not been set up as elderly housing, but is for private ownership.
Mr. Lawler advised the Commission he has submitted an application to DES but has not gotten the approval yet.
The Commission discussed the recent flooding, the river walk, and the area between the walkway and the river. The plans did not show anything in that area yet, and Mr. Winders stated he would like to see it be natural, native plant material. It is also unknown at this time what kind of surface will be used for the walkway, but Mr. Marshall hopes they will consider sand and stone dust.
After more discussion, Jeff Winders made a motion to recommend denying the Conditional Use as it does not meet all of the criteria.
1. The building could be made smaller and moved out of the buffer
2. Meets criteria
3. There is an impervious area of parking (under the building) in the buffer
4. The building cannot be constructed without getting in the inner 25 feet of the buffer, and may require a variance to do the actual construction.
5. This applies to the Planning Board
Fred Glidden seconded the motion. The motion passed unanimously.
Jon Robidas, Rt. 11, Farmington Road, Map 208, Lot 8-1
Scott Lawler, Norway Plains Associates, thanked the Commission for letting this item be added to the agenda at the last minute. He stated this case is going before the Planning Board next Monday, July 24th, and he wanted to let the Commission have a chance to see it before then.
Mr. Lawler explained this was a new lot and was going to be used for RV Sales. There were questions about the drainage, the access from Rte 11, and about the area in the back not to be used for parking or storage.
The Commission set up a site walk for this Saturday, July 22nd at 10:00 am. Mr. Lawler said someone from Norway Plains should be there to answer questions, and Ms. Cormier will e-mail the Planning Board members and extend an invitation to them as well. They will contact Ms. Cormier with their comments for discussion at the August meeting.
New Business: (The Commission agreed to let Ms. Berry speak now so she would not have to wait until the New Business part of the agenda)
Lois Berry, 100 Riverview Drive, Chestnut Hill Mobile Home Park, came to ask the Commission for some guidance to help her with her recent flood related problems. It seems that her mobile home is very close to the river, and during the recent flooding her oil tank floated loose. She has spoken with the park owners, and has filled out FEMA paperwork. She has also contacted Community Action. She has spoken with a firm in Farmington that will come and put a new oil tank on the other side of her mobile home, and haul the old tank away. She is concerned about the erosion of the riverbank.
Fred Glidden said he had seen a news story about someone in Goffstown who had a similar problem, and found a solution. Ms. Berry said she had a good friend in Goffstown, she will contact them and see if they know about this.
Jeff Winders asked Ms. Berry for her telephone number, he said he will make some inquires, and give her a call back with a name of someone to call at DES in Concord. He will also try to be at her property on Thursday at 11 am when the park owners plan to be there, to see the extent of the erosion and possible resolution.
Ms. Berry thanked the Commission for their time, and stated she was glad she had come to ask them for help.
Dredge and Fill Applications:
Highland Commons, Washington Street, Map 237, Lot 8
The Chair read a letter from the Department of Environmental Services addressed to Highfield Commons requesting additional information. The letter states they have until November 18, 2006 to supply the requested information or their permit will be denied. (A copy of this letter is on file with these minutes)
Violations:
Duquette Street – Jeff Winders said this is a definite violation. The owner took the culvert out, but hasn’t restored the area, and it has been over 6 months. Based on these findings, Jeff Winders made a motion to fill out a wetland violation sheet to DES. Paul Marshall seconded the motion. The motion passed unanimously. Ms. Cormier will check on the exact address for the violation form.
Jeff Winders will fill out the form and forward it to the Chair to sign.
Grandview Campground – Ms. Cormier advised the Commission that the Zoning Board of Adjustment had granted a variance permitting a maximum of eight (8) cabins on the campground. These are portable, and can be moved around. The Commission members discussed the issue of these cabins being placed too close to the water, and stated they were surprised the Zoning Board granted the variance.
Reports:
City Forests – Paul Marshall
Paul Marshall stated he has yet to meet with Mr. Morino. He got a telephone number from Jeff Winders and will contact him this week.
TRC- Sandy Breton
Sandy Breton had contacted the Chair and advised her she would not be able to attend the TRC meetings for the next few months. The Chair asked if there was any other member who would like to attend. The meetings are during the day and that limits some of the member’s ability to attend. The Chair asked for a copy of the TRC dates, as she will plan to attend at this time.
Old Business:
Cooper Lane Restoration – Ms. Rogers stated she has not recovered the plans at this time.
George Bailey Memorial discussion – Ms. Rogers was able to meet with Mr. Bailey’s widow, and she was very excited that the Conservation Commission wanted to do something in memory of George. She said she thought an American Chestnut tree was a great idea.
The Commission discussed where a tree would be obtained, and where it should be planted. Jeff Winders advised the Commission that Don Black will help set the tree out. Ms. Cormier will check with Public Buildings for suggestions of available places. The members discussed the Commons or an area in front of one of the schools in Rochester.
Resolution – Fred Glidden
Fred Glidden passed out copies of the latest revision of the resolution sheet. The members discussed the purpose of this statement. It was considered that the first part is for education of the public, much like a mission statement, and the second part relates to considerations from the Zoning Board of Adjustment. A motion was made by Fred Glidden to accept this resolution. It was seconded by Jack Hackett. The Commission discussed the reason for this resolution. The fact that the Commission was set up by the City Council and the legal issues involved.
Paul Marshall moved to amend the prior motion to state that the Commission members will all review the resolution, and make any comments, and/or corrections before forwarding them to Ms. Cormier to compile and bring back to the next meeting. Fred Glidden seconded the amended motion. The amended motion passed unanimously.
Fred Glidden said he would e-mail the form to all the Commission members in the morning.
New Business:
Conservation easement for Pray Subdivision
Scott Lawler, Norway Plains Associates, advised the Commission of the history of this situation. It seems that the original owner, Gregory Pray, applied to DES and was instructed to put a part of this land under easement. There are letters from the former Conservation Commission Chairman, George Bailey, stating the land should be under easement. Unfortunately, all the paperwork was not completed, and an easement was never recorded. The property is now owned by Steve Miller, and Norway Plains needs to either have endorsement of this being an easement, or a refusal, so they can present the paperwork to DES.
They are looking for the Conservation Commission to make a recommendation to the Council, to give support for other agencies to be the easement owner, something to present to DES. The execution of an easement was never done, and they are trying to find a 3rd party easement holder at this time.
There was much discussion involving the Conservation Commissions preference to not hold any easements they cannot easily monitor. Their policy is to recommend to the City to be 2nd easement holder whenever possible.
The Commission members discussed doing a site walk, taking pictures and contacting other agencies that may be interested in this property.
Ms. Cormier urged the Commission to make a decision regarding an easement, but the Commission wants to do a site walk and then decide what to give the City Council as a recommendation.
Conservation Overlay Ordinance – possible revisions
Ms. Cormier asked if the Conservation Commission wanted to review the Zoning part of the Ordinance at this time, to make any revisions. There was discussion about the fact that the Conservation Overlay Ordinance should have been accepted already, but they agreed to have Ms. Cormier obtain a copy and send it to all the members. The Chair said it is the Commission’s job to be consistent, logical and courageous. If the Commission acts in this way on each case, the City will know where they stand.
Other Business:
Planning Board application under review
None were presented.
Upcoming Seminar – Private Well Testing – July 25, 2006
The members had all received the information about this seminar, and if any are able to attend, they will sign themselves up. There is no cost for this seminar.
Non-Public Session pursuant to RSA 91-A:3 II (d):
At 9:45 p.m. Paul Marshall moved to go into non-public session. Mark Toussaint seconded the motion. The motion passed unanimously.
At 10:09 p.m. Paul Marshall moved to come out of non-public session and seal the minutes. Mark Toussaint seconded the motion. The motion passed unanimously.
Jeff Winders stated he will not be attending the August meeting, and Paul Marshall said he will not be here for the October meeting.
Mr. Marshall moved to adjourn, seconded by Mark Toussaint. The meeting adjourned at 10:10 p.m.
Respectfully submitted,
Caroline Lewis
Recording Secretary
| 
