Sutton Conservation Commission (SCC)

DRAFT Meeting Minutes

Wednesday, February 14, 2024

Present: Henry Howell, Chair; Chuck Bolduc; Don Davis; Debbie Lang; Jim Morris; Yvonne Howard; Joanna Murphy and Bonnie Hill.

Absent: Wally Baker and Lynn Wittman.

Members of the public present: Lee Booker, Michael Sigourney. Rick and Susie Stockwell, Dorothy and Andy Jeffrey.

Call to order: Henry Howell called the meeting to order at 6:32 pm.

Previous Meeting’s Minutes:  The minutes from the last meeting on January 10^th were unanimously approved.

Financial Report:

There was no budget report this month. The TD Bank statement was not received until after the meeting. There is a balance of $5.24 in the KHR Fund account, which we are trying to close out. That remaining balance will be expended with the next bill for KHR maintenance. The rest of the KHR fund money, $1618.88, was paid to Neil Butcher for the KHR brontosaurus mowing. In addition, $135.94 was paid out of the Conservation Fund account towards that same invoice. Chuck said there will be a donation coming in in March, and at that time the new Stewardship Fund will be created. Here are the last known account balances:

• Conservation Fund: $209,225.09 (sum of all sub-accounts)
  • Conservation Fund Unrestricted: $209,117.19
  • King Hill Reservation Fund: $5.41
  • Donation Holding Account: $102.49
• Capital Reserve: $69,088.00

Chuck spoke with Town Bookkeeper Lorri Himes about his proposed structure for the SCC accounts, and she signed off on it.

Trail Maintenance and Development

Trails Advisory Committee Report

Update on the KHR donation system – Chuck has made some test donations. He still needs to write some code to connect the pieces. Debbie said she received an invitation from Blackbaud, and Chuck said she will be able to access the system to get reports. Jim passed around a printout of an acknowledgment page that comes up when a donation is made.

Update on status of Sievert donation – The check for the Sievert Gift was misplaced, and Chuck has contacted Fred Sievert about re-issuing a replacement check.

Parking area for Webb/Crowell – Henry went to Webb/Crowell and reported that the parking lot had been plowed, presumably by Mike McManus. He said this is important since Webb/Crowell is being promoted by ASLPT as one of their DIY snowshoeing trails.

Review of Intents to Cut and Logging Issues

• None.

   

Wetlands Review

• Report and presentation on wetlands crossing at 555 Shaker Road – Joanna read aloud the email she received from Austin Capunay in response to her email query. She had asked about a large wet area to the left of the driveway, the proposed location of the house, and the use of precautions such as silt fences during construction. He said that the wet area off to the left was not always there but the significant amount of rainfall this year has created some water build up that can be seen throughout the property. The house will be very far back in the lot –. about another 300-500 feet past the last wetland crossing. He said all the necessary precautions will be taken when construction starts. He currently works for a company that provides silt fences, straw wattles for inlet protection, filter fabrics for stabilization of soils, and all the drainage material needed to properly manage the water on the property. The photos taken by Joanna when she visited the site were projected on a screen, and she pointed out the large wet areas close to the driveway, and other wetlands visible in the background. The engineering drawing and pictures from the wetlands permit application were also projected on screen, and Henry examined the paper copy of the design drawing. Don asked if the water was going into 5 Gates Farm, the abutting property, and Joanna said no, there was quite a bit of land in between. Henry said that the design plan does allow water to flow from one side of the driveway to the other. He said we are past our window for commenting on the application, and he asked if anyone else had any further comments. There were none.
• Standard Dredge and Fill Wetlands Permit application from the Jeffrey Trust, Blaisdell Hill Rd, to replace 2 culverts with a larger culvert for passage over a wetland area as part of an access road to a proposed house. Henry said he reviewed the whole application. The driveway goes across an existing field that is slightly wet. There is a detailed engineering study. Dorothy Jeffrey said the application for the permit is pending with the state. The Planning Board has given conditional approval but now they need a letter from the SCC. Joanna said she walked up there and was impressed by what has been done. They did a nice job and preserved the integrity of the land. The Jeffreys said that the original parcel was 130 acres and has been subdivided into 7,13 and 110 acre parcels. They intend to conserve the 110 acres in conjunction with Bob Wright’s 37 acres, and plan to approach some other neighbors as well. Henry said he hopes this will lead to other collaborative efforts. The Jeffreys will meet with Andy Deegan to discuss the best way to go about conserving the land. The SCC members voted unanimously to support granting a conditional use permit for the driveway. Bonnie will write a letter to the Planning Board to that effect.

Appointment 7:00: Andy Deegan regarding Stockwell land donation

Andy introduced himself as the interim director/land protection specialist from ASLPT. The Stockwells were also present. Andy said he had suggested to the Stockwells that they have their land appraised. They are concerned that they would need to re-finance their mortgage as a consequence of removing acreage from the parcel. Andy said that the land in question is back acreage with no road frontage, and although rich in ecological value has low monetary value. The donation of the land may not affect the mortgage, since it is is still backed by a house and a large amount of land with road frontage. Since the donation would be a fee interest transaction, it is not necessary to use an appraiser who specializes in conservation easements. This makes a huge difference in the cost, which could be in the neighborhood of $600 as opposed to $3000. Andy said the Stanhope Group in Portsmouth does appraisals relatively cheaply. Henry said there would also be legal fees and conservation easement costs. Andy said since there is already a conservation easement on Webb/Crowell, which abuts the Stockwell land, that same easement can be amended to include the additional land. (Amendments to conservation easements must all go through the Attorney General’s office.) So the easement costs on the ASLPT side would be minimal. He said a survey of the property would be needed for the subdivision. The cost of the survey is reduced when some of the property lines have already been surveyed, which is the case here. He said he could give us the names of some surveyors who give discounts for conservation work, and suggested we get a couple of estimates. He thought the total expenses could be in the neighborhood of $15,000. Chuck asked at what point the SCC would actually pay the money. He was concerned that if the donation did not end up going through, that it would look like we were paying for private landowners’ real estate fees. Andy suggested that the Stockwells ask the appraiser what was needed. He thought it might be possible to do the survey as a hypothetical, and get the appraisal without having to do a survey first. At that point the Stockwells could go to the bank and see whether the re-finance is needed. But they should definitely go to the appraiser first, and the appraiser would need to be paid. Henry said if the Stockwells paid for an appraisal we could reimburse them later. Jim suggested that we draw up a letter of intent that commits the Stockwells to the donation. Henry made a motion that we vote to expend approximately $15,000 towards the Stockwells’ expenses of donating their land and putting it under a conservation easement, pending the approval of the value of the land by the mortgage company. He said that the next steps are for the Stockwells to get an appraisal at their own expense and then talk to the mortgage company. Rick asked what is option B, if they do need to re-finance. Andy said if the appraiser requires a survey, then that opens a can of worms. Rick showed the area in question on a projected map of their property. Andy said this land is highly ranked in the state for conservation priority. Rick showed land on the other side of the river and asked whether the SCC was interested in that, and the answer was yes. He said they would consider possibly donating as much as 30 acres total. Henry will walk the land with Rick to evaluate it. Chuck said if there are any stone walls in the area, that will help with the boundary delineation and the eventual easement monitoring. Henry called for a vote on his motion and said it was not committing us to anything. The vote was unanimously in favor.

Appointment 7:20: Roger Wells representing the Sutton Planning Board

Roger came to discuss the proposed village overlay ordinance, focusing on the environmental impacts. He passed out a handout summarizing the proposal. He said the goals are to keep the town rural, preserve the historic nature of the villages, and provide for more affordable housing. In the public hearings there were concerns that what the PB was proposing would be detrimental to the environment, but they are not going to allow building on floodplains, steep slopes or conservation land. The ordinance would provide the Planning Board with ammunition to protect the character of the villages while at the same time expanding the tax base. Owners of larger lots would be allowed to subdivide them into lots which are similar in size to the existing small lots in the villages, while not violating state rules about well setbacks, etc. The ordinance would also give some control over the appearance of new buildings, for consistency with the existing look of the villages. There is no control over that now. In answer to why the villages have been singled out, it is because there is a precedent there for smaller lots. Modifications to the original draft have been made to address concerns. Jim asked what the plan is for commercial-related activity in the town. Roger said that some small, compatible businesses would be allowed in the villages, with some larger ones allowed on Rt 114. Right now, you have to obtain a variance in order to have a business, and it has to be in your residence. Roger said the guidelines are also supposed to help keep historical houses from being torn down. Henry asked if there were any issues with having a lot of wells, and Roger said the state controls that, not the town. Don asked if would be possible to have more than one business in one building, and Roger said yes, as long as the footprint wasn’t more than 1500 sq ft. They would really like to see mixed use development, such as a storefront with an apartment above it. Don asked if a grandfathered building that was destroyed by fire could be replaced by one exactly like it, and Roger said that would be a question for the state attorney. Chuck said, from a conservation standpoint, dense development is preferable to subdivisions with lots that are 2 acres or more, and Bonnie agreed. Development is going to happen, and it is better to re-purpose an existing developed area than to develop open land. He said this proposal could help fill the pressing needs for housing and childcare. Roger said one goal in the Master Plan was for affordable housing. Smaller lots cost less than large lots, smaller houses can be built on them, and smaller houses cost less.

New Business

Coverts Training – March 1^st is the deadline to apply for this upcoming UNH Extension conservation training program. Henry said It is a truly excellent 4-day program including room & board for only $50. He strongly recommends it for any members who have not participated before.

Protecting our aquifers: lack of drinking water protection in Sutton – Joanna said the town needs to update the water protection overlay mentioned in the Sutton Master Plan. She said the largest aquifer in town is under the golf course, and she heard that this property has recently been sold. She said this is a very serious issue, and we need to look at where potential development will happen. Henry said this kind of proposal would involve a real engineering study with drilling and soil testing, which is a costly undertaking, and he doesn’t know where the money would come from. Joanna asked who in the town would be responsible for this, and Chuck said the Master Plan is just a guide. It is due for an update, however. Joanna asked how an aquifer protection overlay would be initiated, and Chuck said the Planning Board would create an overlay district, similar to the wetlands buffer overlay. He said the Planning Board could propose that additional areas of the town could not be developed. Joanna asked about the role of the SCC in this, and Chuck said we could collaborate with the Planning Board. If we can’t afford to buy the land to protect it, then we need to collaborate with other stakeholders. Chuck said when the SCC wrote our Strategic Action Plan, there were data layers included that pertained to water protection, and these are taken into account in the co-occurrence maps. He said we should think about updating this. Chuck is a GIS analyst and has these skills.

Taking Action for Wildlife webinar series for conservation commissions – Bonnie said she attended the first one and it was good, and the best part was the comprehensive list of resources sent out afterwards. She will forward that to the SCC members.

Old Business

None.

Miscellaneous

Dog waste at KHR – Don said his grandson is a dog walker, and reports that the trails at KHR are the worst he’s seen anywhere for dog excrement. Henry said the problem with providing bags and a trash can is that someone has to empty the can. Bonnie said that many people use bags and then leave them along the trail or road, which is worse than not using plastic bags. This topic will be put on next month’s agenda.

Correspondence

• Copy of letter to Peacock Hill LLC from NHDES regarding Documented Violation on East Sutton Rd, File number 2023-01976
• Email from Julia Jones asking for copy of SCC’s approved 2024 budget.
• Email exchange between Joanna Murphy and Austin Capunay regarding Shaker Rd wetlands permit application
• Email from Lorri Himes with attached SCC balance sheet for the 2023 Sutton Town Report
• Email from Eric Oxman with updated Forest Management Plan and cover letter for the Wells conservation land parcel at T/L# 4-323-231
• Letter from the Jeffrey Family Trust seeking SCC approval for a Planning Board Conditional Use permit.
• Lakeside, the NHLakes quarterly newsletter, Winter 2024 issue.
• Letter from SPNHF informing the SCC that no concerns were found during the monitoring of the town-owned Deed Restricted Property known as Partridge LT-DR.

Adjournment: The meeting was adjourned at 8:35 PM.

Next Meeting: Wednesday, March 6th, 2024, at 6:30 PM, at Sutton Town Hall. (Note date change due to conflict with Town Meeting).

Respectfully submitted,

Bonnie Hill, Secretary