TOWN OF SUTTON

Sutton Conservation Commission

Draft Meeting Minutes

Wednesday, May 11, 2022

Present: Henry Howell, Chair; Barbara Hoffman; Don Davis; Lynn Wittman; Wally Baker; Debbie Lang; Chuck Bolduc; Jim Morris and Bonnie Hill.

Members of the public present: Alexander Simoneau, Micaela Korchinski.

 

Call to order: Henry Howell called the meeting to order at 6:32 pm. He stated that in the interest of keeping the meeting length to two hours, we would address the higher-priority agenda items and leave the rest for next month.

 

Previous Meeting’s Minutes:  Debbie moved that the minutes from April 13^th be approved, and Don seconded. The motion passed unanimously.

Financial Report:

Debbie sent out a financial report before the meeting. We spent $1,826 last month, $260 in Dues and $1,566 under Special Projects.  We have spent $2,076 year-to-date out of our budget of $7,612. At the end of April the Conservation Fund had a balance of $ 166,814.96 and King Hill Fund had a balance of $2,059.62.  The Capital Reserve is at $57,581.34.

Trail Maintenance and Development

Trails Advisory Committee Report

>Spring Trail Cleanup

Bonnie reported that the condition of Webb/Crowell is good; there are no downed trees, but there is a wet area near the trail entrance that could use some puncheon bridges. There is also a stretch that needs a few more blue markers and she will add those. Chuck reported that KHR has a blocked culvert at the intersection of the White Rabbit trail and there are downed trees. He is planning to get up there in the next month. Don expressed concern about the beaver activity under the bridge leading to the Putnam property. Henry said the snowmobile club has shown interest in helping out, and he hopes they will take care of the culvert maintenance issues on the snowmobile trail. Bonnie said she would check out the condition of the Enroth/Lefferts trail and report it to Henry.  Henry wondered if we have enough significant issues to justify putting an ad in the paper and having a big volunteer trail work day. He said he would love to have one, and Chuck said it would be a good way to get some more people involved. He has a group of friends who help him when he works on the KHR trails. Lynn has been putting color-coded stickers on the trail signs at KHR.

>KHR Donation System

Debbie said at the ASLPT round table discussion, Barbara Richter of the NHACC spoke about how the select boards of some towns have agreed to give a blanket approval for all small donations made to the conservation fund. Steven Buckley, the attorney for NHACC, has said this is OK. Henry has asked him if he would speak to our town counsel about this. Chuck said he talked to Betsy Forsham, who thought the KHR fund could be used to hold small donations, known as de minimus gifts. The BOS can help us define what would fall into this category. Chuck said his friend uses Blackbaud at his land trust in Oregon and speaks highly of it. Chuck said to set up the payment processor we need a name and a Social Security number. Jim is going to work with Elly and Lorri on this and contact Blackbaud. He is anxious to do a test of the system.

 

Appointment 7:00 with Leo Maslan to discuss his KHR Forest Management Plan

Leo said he has questions for us, and asked if we had questions for him. Henry wanted to know about soils and their significance to timber harvesting. Leo said there is a correlation between soil type and the kinds of trees that grow best in those soils. Chuck said the soil data coms from the USDA, which mapped soils for the whole country back in the ‘60’s and ‘70’s. Henry asked if Leo gauges the soil when cutting trees, and Leo replied that the condition of the trees tells him about the soil type. Henry asked about stump height and how it is determined. Leo said that 20% of the value of a tree is in the bottom log, so low stumps are desirable. He said some “bumper trees” at the edges of a logging path are cut high, so they can take the impact of the logging equipment and protect the other trees behind them. Henry asked whether low stumps would have a lot of stump sprouts, and Leo said there is a lot of energy in the root collar.

Henry pointed out that this forest management plan is an update to the original KHR management plan, and he asked what changes Leo has made to it. Leo said that his plan is more in-depth than the one by Brooks McCandlish. He put in more measurement points than he had planned to. He took the total tree volume and multiplied it by the stumpage values (stumpage is the value before the trees are actually touched).  He did not account for the 200 foot buffer that is required at the private property boundaries. He did account for some of the brook corridors, but not all. Delineating that 200 foot buffer will be Leo’s or the logger’s responsibility, not the SCC’s. Chuck said the easement spells out what the penalties are for violating the buffer. Glenn said that complaints are unlikely, as the homeowners are not only cutting trees in the buffer but even over the KHR line. Chuck said that that buffer stipulation probably came from the developer. It was actually put in to protect the landowners, but acts against them (and us). Don asked if something could be planted in the 200 foot buffer that wouldn’t block the homeowners’ view. Leo suggested white pine.

Leo asked if the ASLPT had reviewed the plan. Chuck said yes, and the final version includes their edits. Leo asked where we want to go from here. Henry sees the biggest issue as being the thinning recommendations for the different segments. It seems that every segment can use some work. We have been focusing on segment 5, but he wonders if we should consider the thinning of other segments to be a high priority. Leo said that many segments are over stocked. He himself would chose segment 7 to work on first, as it has a lot of spruce that is going to decay. Some of the spruce is horizontal, and a lot of hardwood has ice storm damage.  The white ash should be harvested before the ash borer gets it. He said segment 6 has lots of really attractive white pine, but it should not be harvested without pairing it with segment 7. He said some of the pine has red rot, which is caused by a fungus that enters through injury to the canopy or roots. To account for this he hedges a bit when calculating the stumpage values. Henry asked if we would be negligent as a conservation commission if we don’t carry out Leo’s suggestions for managing all of the segments but instead just proceed with our original plan of getting income from segment 5. Leo said this is a hard property to manage, and if we do nothing, Mother Nature will just continue to grow forest.

He said the goal of the recommendations in the plan is to generate revenue. Logging segment 5 will require an investment in gravel, while segment 7 would have easier access and could be done in non-winter. Henry said there has been some progress towards getting access from King Hill Rd. in New London. Chuck said the downside of that is that there is no guarantee of future use of the infrastructure we invest in. In the short term, however, we would make more money using this access. Glenn has looked into the northern access and the ownership history of the properties involved, and he doesn’t believe that future access by this route would be likely to be jeopardized any time soon.

Leo listed a number of decision-making points: access, timing (impact to wildlife and recreation), price, market for various products such as pulp and chips. The market for chips probably won’t be there. In the post-Covid world, however, every tree that hits the ground can be sold, so the market is good right now. He said we need to look at trees beyond their market value – a red oak can provide hard mast for 100 years. Henry asked what the next steps are, and Leo said to keep a dialog open with him and seek out other advice, maybe from Tim Fleury. Henry asked how soon we could start and Leo said fall, if it’s dry enough, but no earlier than September. Don asked how long it would take, and Leo said a month or two. Leo said two types of harvesting are possible: whole-tree harvesting or cut-to-length. A forwarder picks up piles of cut wood and brings them to the landing. Every stick of roundwood, even pulpwood, is worth more than chips. Jim said we need to decide the access issue soon. Chuck said segment 7 and the Bean Quarry seem more straightforward. Leo said if the neighbors allow it and we don’t have to invest a lot of money, go for it. Wally suggested we have a meeting before next month to discuss this specifically, posted for public notice. Henry will send out some possible dates.

 

Appointment 7:30 with Glenn Pogust, Planning Board chair, to discuss the Peacock Hill Rd subdivision

Glenn said plans for subdivisions have to be presented to the Conservation Commission, but it is for information only, as we have no say. Barb recused herself from the discussion. Glenn said this has been going on with the PB and the ZBA since 2/2021. It is a 100 acre parcel, and the proposal is for a cluster subdivision of 7 houses on 18 acres. Sutton’s cluster ordinance is not well designed. The open space is not for public use; only for the owners. Twenty-three conditions have been proposed for approval of the application. There is a good chance of conditional approval in June or July. The PB is requiring multiple inspections, engineers on site, a $150K bond, and an escrow account. The applicant wants to log the rear 50 acres. The open space is required to be for active recreation and maintained by the owners. Glenn said most people who do this kind of development create a homeowners association to share ownership of the land, but this applicant does not want to, and the town can’t require him to. He intends to retain ownership himself.

Henry asked if he might be amenable to putting a conservation easement on the rear acreage. Glenn said the back acreage is not developable because of wetlands and steep slopes. Once the seven lots are developed, he can’t build any more. Glenn described all the drainage and mitigation that is being required. Meridian Land Services has checked everything out. Henry asked if there is anything that we can do. Chuck said that one thing is to help with and support the updating of the cluster ordinance. Glenn said the PB wants to write it in such a way that if you do a cluster development and save money on the infrastructure, you have to give something back to the community. Don asked what happens if 5 years from now the property isn’t being taken care of. Glenn says the applicant is retaining ownership, and he can’t sell the property to anyone else other than the town, a homeowners’ association, or a non-profit entity. Don asked about the standards used for the driveways and roads, and Glenn said they will be done to the town’s highest standards with respect to drainage, inspections, etc. The applicant will charge the homeowners fees for road maintenance, and the town is under no obligation to take over the road. Lynn asked what happens if the developer goes bankrupt. Glenn said we can’t do anything about that, but the bond would be sacrificed to the town. Bonnie asked about the logging, and Glenn said the PB has placed many restrictions on that, too, with lots of restoration required.

Henry commended the PB for the great job they have done. Wally said the thing is, regardless of anyone’s feelings about it, it’s not fair to deny the request if the applicant has followed all the rules. Other subdivisions in town have failed, or been denied, and the town has been sued. Wally asked about time limits, since this thing has dragged out. Glenn said the PB is obligated to act in 60 days.

On another topic, Glenn said the public hearing to review the Master Plan will be May 24^th at 7 PM. He urged us to be engaged as the PB starts working on new ordinances for cluster developments, village districts, etc. Chuck asked that we come to the hearing to show support. Don asked if there is anything the zoning ordinance can do to help protect wildlife corridors, and Glenn said yes, with things like steep slope regulations. Henry said the Master Plan is available on the town website, and it mentions the Conservation Commission many times. He urged us all to go to the hearing in support.

 

New Business

Sutton Code of Conduct for officials and appointed members – Barb sent out the draft document for our review prior to the meeting, but she said it is being re-drafted. She asked us to read it and submit any comments to Dane Headley. Wally summarized the policy as “behave, and treat other people with respect”.

 

Correspondence

• Email from Elly Phillips with attached document from NHMA regarding the taking of meeting minutes and the Right-To-Know law.
• Letter from ASLPT thanking the SCC for $100 membership renewal.
• Email inquiry from Bud Vazquez of New London looking for information about Balanced Rock in the Bean Quarry.
• NHACC April eNews with links to stream protection resources, grant info, news about efforts by other ConComs, training opportunities (AMC trails skills college, Drinking Water Source Protection Conference), and more.
• Email inquiry from Elly Phillips requesting permission for the Highway Dept to replace damaged yellow “road closed 3/1 to 6/1” signs on Class VI roads.
• Email from NHACC with update on 2022 state legislation that is relevant to conservation
• Email from NHACC with article from the Amherst CC entitled “Individual and Collective Actions to Preserve Biodiversity and Address Climate Change” in honor of Earth Day.

 

Review of Wetland Applications and Issues:

• None.

 

Review of Intents to Cut and Logging Issues:

• Teloian, Baker Hill Rd (T/L#s 8-874-095 and 8-882-178), 19.5 acres out of 23.7, Charles Moreno, forester.

 

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

Next Meeting:  Wednesday, June 8th, 2022, at 6:30 PM, at Sutton Town Hall.

Respectfully submitted,

Bonnie Hill, Secretary