Milford Conservation Commission: Meeting Minute Archive: 2006

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:10 PM.

MINUTES:
Upon a motion made by Hub and seconded by Andy, the minutes of the January 12, 2006 meeting were accepted as presented. Vote was unanimous in favor of the motion.

APPOINTMENTS:
7:15 Gregg Caporossi, Senior Project Associate and Kate Garrett, Project Manager for the Trust for Public Lands (TPL) were present to update the Commission on a project they are working on entitled the "Squannacook and Nissitissit Subbasin Conservation Corridor." The long-term goal of this project is to obtain federal funding under the Forest Legacy Program to protect a corridor of undeveloped land in Milford, Wilton, Mason and Brookline. At this point in time they are gathering data on the values of the properties, determining how much funding they will need, who the landowners of large undeveloped parcels are and how much support there is from the towns, both conceptual and financial. This project will then be presented for consideration and prioritization under the state Department of Resources and Economic Development (DRED) and the Forest Legacy Program. If it is considered a high priority by DRED and the Trust for Public Lands, the TPL can lobby in Washington for support for it. The fact that there would be cooperative management between communities, across town boundaries, will be important to DRED.

Parcels of interest for this project were determined by the towns' conservation priorities, the parcels' locations and sizes within the corridor and by the results of the EPA Targeted Watershed Grant that was awarded to the Nashua River Watershed Association (See minutes of April 14, 2005). Any funding under the Forest Legacy program requires a 25% contribution to the total cost; a 75/25 match.

Gregg and Kate plan to update the Commission again in the future. They would like to hear that yes, the Commission is in favor of this project. They may request a letter of support at some point.

Unfinished Business:

Trails Expo - Members discussed things that need to be completed before the expo. Diane and Rita will work on the display board. On Saturday, Feb 25 starting at 10 AM, members can come to the town hall to help set up. Tables and signs will be set in place at that time. Commission members will hang (8.5 x 14") posters about the expo at various places around town. Rita will e-mail the poster to members and will also print some to leave in the office for members to pick up. Food at the expo will be provided as a fund raiser for the Souhegan Valley Land Trust. The SVLT will also hold a silent auction, in case anyone has anything to donate. If anyone thinks of anything else that should be taken care of, please let Diane or Rita know.

Interdepartmental Review:

Old Farms Golf., Elm St. - M/L 7/10-1 - proposed amendment to an existing approved site plan to indicate the location of a proposed auto repair facility. Commission Comments:
The facility is located in and must fully comply with the requirements of the 6.010 Groundwater Protection District.
Heatherland Properties - M/L 32/28 - Nashua St. Proposal to construct a 2-story office building. The lot has access through an existing private drive with a right-of-way from Boston & Maine railroad and is connected to town water and sewer. Commission Comments:
Is there enough parking for future 20 x 40 expansion?
Scott Brown - M/L 42/37-1 Armory Rd. and Rte 101. Proposal to subdivide 42/37-1 into 2 lots. New lot will be 1.18 acres; other would be 6.95 acres. Commission Comments:
There was a wetland violation on 42/37-1 in 1999, creation of a pond from a seasonal stream. (See concomm minutes of April 8, 1999 and June 10, 1999) Was the area restored?
Future subdivision of this parcel is subject to the restrictions in the open space ordinance.
Site specific soil types should be used to determine if drainage is adequate for septic.
Milford Conservation Commission and Ed Mack - M/L 52/14, 52/102 - Lot line adjustment to include existing garage on to the Mack's property. Commission Comments:
No Comment.
Boynton Hill Subdivision - M/L 45/2, 3, 27, 20 and 50/1, 1-5 - Mile Slip Rd. and Boynton Hill Rd. This is the proposed open space subdivision. This project is still in the design review stage. Lot density has been determined thus far to be 97 lots; and the planning board has granted a waiver for the 8% road grade. It has been determined that the project proposes regional impact. Commission Comments:
Commission members discussed this at the meeting. The following memo was drafted and submitted to the PB as a result of that discussion.
February 13, 2006
To: Planning Board
Re: Mitchell Brook - Boynton Hill Open Space Subdivision
Conservation Commission members reviewed the open space plan for this project at their meeting on February 9, 2006. Of primary concern was the inclusion of wetlands, including a number of vernal pools, into house lots. Also of concern was the lack of accounting for the increased water flow off the site, due to clearing for lots.
- Vernal pools are of ecological significance. The State Fish and Game Department recommends that as much buffer as possible be placed around vernal pools. There are several species found only in spring pools that dry up in the summer. These species also use the uplands that surround the vernal pools, and some need as much as 800-1000 ft. The Commission recommends the vernal pools have at least the town's required buffer and that they, with their buffer, NOT be included in the house lots. Vernal pools border or are found in lots: 75, 76, and 77
- To the extent possible, wetlands and buffers should be included in the open space, not the building lots. The purpose of the open space ordinance is not to protect the area that is easiest for the developer to leave out of the lots.
  6.044 OPEN SPACE DESIGN
  D. Design Standards:
  1. List of Resources to Consider for Preservation:
  a. Open water, waterways, stream channels, floodplains and wetland soils, including adjacent buffer areas as defined in 6.020 Wetland Protection District;
  If one intent of the lot line locations is to include the well radius, we believe that it is permissible to include a well radius in permanently protected open space. From NHDES Water Supply Engineering Bureau Fact Sheet WD-WSEB-21-1: "��..protective well radii may overlap onto other lands such as: land that is protected by a recorded easement, land that is permanently dedicated to a use that precludes development, or on land within a municipal property line septic system setback."
- Stormwater management is of concern. The entire Boynton Hill site is steep. Increased water flow due to clearing for house lots must be thoroughly addressed. It looks as though water flowing down the steep, 8% road in the southern end of the site could impact lot 50-5. Stormwater also needs to be addressed at the southern end where the road joins Mile Slip Rd.
Other concerns and specific recommendations expressed by the Commission members were:
- When forests are cleared for house lots natural infiltration is greatly reduced, dramatically increasing the run off of storm water. A site with such steep slopes must be engineered to handle a large quantity of water; the only storm water management we see is high on the hill. There needs to be a large area, on site, down gradient, to catch the run-off and slowly release it or homes and property will be adversely impacted.
- In order to minimize increase in water run-off, lots should not be clear-cut to the back borders. Ideally the only vegetation and natural ground cover that is disturbed is what is absolutely necessary for construction. Too many subdivisions recently are clear cutting, not only the road right-of-way, but to the back property line.
- A stone wall runs near the back of lots 13 thru 16. The boundaries of these lots should be adjusted so that the stone wall is the boundary between these lots and the open space. This would make locating the open space much easier and will take very little area from the lots.
- The site is crossed by many stone walls. We would like to know where the cellar holes are. Are there any significant remnants of stone work on the property? Are they located in an area that they can be preserved without undue impacts on the developer? If some of our past can remain along side new development we will be richer for it.
- The large wetland in the front yard of Lot 74 is of concern.

Reports:

Hitchiner Town Forest - From Diane: "Some time ago Beaver Brook Association mentioned that they are planning a timbering on their property that abuts our Hitchiner Town Forest. They were hoping we would allow them access thru Hitchiner. Today I received a call asking for permission to use Hitchiner possibly as early as this week! I said we had 2 concerns that they need to be sensitive to but otherwise we intend to be cooperative neighbors.
Unfortunately the ground is not deeply frozen, they must restore any damage to the field. Also if the opening in the stone wall is not sufficient for their operation, they may open the wall but must return it to its original condition when they are finished. I was assured that they would gladly comply with these requirements."
Rail-Trail - encroachment on town land. Diane is on the Planning Board's February 21 agenda for the lot line adjustment, which will transfer 0.08 acres of land to Mr. Mack for his barn.

There being no further business to come before this meeting, the meeting was adjourned at 9:08 PM.

The next regular meeting of the Conservation Commission is scheduled for Thursday, March 9, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Minutes were prepared by Rita Carroll.

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:12 pm.

MINUTES:
Upon a motion made by Rod and seconded by Chris, the minutes of the February 9, 2006 meeting were accepted as presented. Vote was unanimous in favor of the motion.

APPOINTMENTS:

7:15 - Jay Heavisides, Meridian Land Services - Boynton Hill/Mitchell Brook - open space subdivision - M/L 45/2,3,17,20 & 50/1, 1-5.

Mr. Heavisides presented the overview plan for the open space concept of this 97-lot subdivision. He was at the meeting to determine if the Conservation Commission felt that the layout of the open space is acceptable. He was given a memo drafted by the Commission on Feb 13 regarding this project.

Jay explained that in laying out the open space, he has tried to keep a corridor open to go through to Mile Slip town land. The lots are clustered into 6 neighborhoods. On the west side of the property lies part of the Gunderson Farm which is located mainly in Wilton. The farm, which includes cellar holes, a barn, a house lot, a cobblestone walkway and wells will be left undisturbed in the open space. Road grades are all less than or equal to 6% as required by the town, with the exception of the entrance to the development off Mile Slip Road. A variance for an 8% grade was granted for this section of the road. There will be ~ 4 wetland impacts for the project and a dredge and fill application will be filed. Lots are a minimum of 48, 000sf in size due to state septic soil sizing requirements.

Diane asked that the vernal pools partially included in lots 75, 76, and 77 be left out of the lots. Jay answered that yes, he would be able to do that. Diane also asked that the lot lines of 13 through 17 be adjusted to align with the stone wall that runs close to them. Jay answered that he plans to try to adjust the line, but that the lots may become too small to meet the state's lot sizing requirement. There is an advantage to having the stone wall within the lots in that the landowners would perceive it as the lot boundary and not impact anything beyond it. Diane pointed out that the state does not require well radii to fall entirely within the lots, if they are left in permanent protected open space. She also mentioned that if the lots are cleared of vegetation entirely back to the rear of the lot, the run-off is greatly increased, especially on steep lots. Jay assured that because the lots are large, clear-cutting to the back is unnecessary and will not happen.

The fact that run-off down one of the cul-de-sacs would impact lots 61 and 62 was discussed. Jay pointed out that there is a detention basin shown on the plan for these, and that water will be routed away from these lots. He also stated that lot 50-1-3 currently has drainage problems due to a depression on the lot that collects water. The plan is to address this by upgrading the culvert allowing water to flow through a couple of access areas on the other side of Mile Slip Rd. to a brook

Hub mentioned that the Commission would like to see wetlands and their buffers left out of house lots. Lot 74 has a large wetland in the front. Jay stated that he would try to reconfigure this lot. Chris asked that he also look at lot 47, which contains a large wetland.

Jay stated that he does not yet know what the plan is for the open space, whether it would be deeded to the town or owned by a homeowners' association. Diane mentioned that the group would like to see a trail connection from Tucker Brook through this development to Mile Slip that could be used by both the homeowners and others. The fact that the historic remnants on the Gunderson farm are being left in the open space is appreciated.

Audrey had a question about the detention basin between lots 67 and 68. She had noticed one located in the Falcon Ridge subdivision that is 8-10 ft wide, deep and has a fence around it. She would not like to see one here that is so wide that hikers would not be able to get through. Jay said that the state now requires the berm to be no higher than 4ft., keeping the area reasonably shallow. He anticipates that due to the topography this basin will be long and narrow and will fit in with the contours.

The fact that the open space runs in 50-ft wide strips along the backs of a number of lots was discussed. Jay wanted the Commission to understand why the strips were necessary and why they were sized at 50 ft. width. If a lot touches the exterior of the subdivision, it must be a standard 2-acre lot. Running open space along these lots avoids this. The lots in this open space subdivision vary in square footage, but have been sized to accommodate each one's individual requirements for septic. The Commission would rather not see the open space in strips at all, because it takes away from the acreage of the larger open space pieces. And they would not want more area taken from the open space to make the strips wider. 50 feet seemed like a reasonable width to the members.

Members felt that the important things to be addressed were the vernal pools, open space layout to allow a future trail connection from Tucker Brook to Mile Slip, and stormwater, which Jay is currently working on and has not finalized yet.

The Commission members expressed interest in taking a walk in the area. Jay said that he would be happy to accompany them.

UNFINISHED BUSINESS:

Mile Slip Trail Work - Commission members set a date to lay out and flag trails for hikers at Mile Slip. The ATV trail has been laid out, marked and is being used. The NHATV club has said that they would construct a kiosk that will have room for trail maps for both the ATV trails and the hikers only trails. Members decided to meet at the parking lot for Mile Slip on Saturday, April 8th at 9am.

NEW BUSINESS:

Mayflower Town Forest - Members will visit the Shady Lane and Falconer Dr. Ext. entrances on March 26 at 9am. They will meet at the Shady Lane entrance. They will also look at the LeAnn property. Wayne told the group that the LeAnn subdivison is almost complete, that they are still working on a few lots near the end of the cul-de-sac. Diane will call the people that live on either side of the Falconer Dr. entrance to tell them that the Commission will be visiting the entrance. The owners of the shed that is partly on the town property will be asked to meet them. The shed is not large and could be easily moved a few feet to locate it off the town property.
Souhegan Valley Women's Expo, "Diva Day" - Saturday, March 11, 10 am to 4pm.
The Souhegan Valley Boys and Girls Club is sponsoring this event and has asked the Commission to set up a display with trail maps. Chris and Wayne volunteered to attend and be at the Commission's table.
Request for letter of support - Focus Tamworth - Focus Tamworth is an organization that works to protect natural resources in Tamworth. Motorsports Holding (MH) has already received federal and state permits to dredge and fill wetlands and are appealing a superior court ruling that they must also file for a local wetlands permit under Tamworth's wetland ordinance. The New Hampshire Association of Conservation Commissions (NHACC) has decided to file a Friend of the Court brief to support the superior court ruling that MH must comply with the town's ordinance. They have asked for letter of support from local Conservation Commissions. Members agreed that if a local ordinance is overturned town ordinances could be threatened with future court challenges. Andy made a motion that the Commission draft a letter of support for NHACC's Friend of the Court brief. Wayne seconded the motion and the vote was unanimous in favor. Rita will draft and send the letter to NHACC.

INTERDEPARTMENTAL REVIEW:

Hitchiner Mfg., M/L 13/6 - proposed addition to gas turbine building and an area for future parking.
Commission Comments: no comment
Town of Milford/R. Snyder, Cottage St., M/L 25/66 & 25/67 - lot line adjustment to transfer a small triangle of 25/67 (Town owned) to 25/66.
Commission Comments: no comment
Square Properties, off Nashua St, M/L 32/25, 32/26-1, 43/42 - lot line adjustment between the three lots.
Commission Comments: Any wetlands involved?
Holder, Knight St., M/L 39/66-1 - Proposed subdivision, discussion only.
Commission Comments: no comment
G. Williams, Burns and Mason Rd, M/L 41/29 - Proposed site plan, discussion only.
Commission Comments: no comment
Samonas/Welch, Nashua St., M/L 44/11, 44/13-1 - Proposed site plan, discussion only.
Commission Comments: no comment
Milford Waterfalls, LLC, off Armory Rd., M/L 47/16-3 - minor subdivision of 47/16-3 into two lots.
Commission Comments: no comment
Woodside Development, Federal Hill Rd., M/L 59/4, 59/4-1, 59/4-2 - Minor subdivision on Milford Hollis border.
Commission Comments:
This property is directly across Federal Hill Rd. from the entrance to Monson. We will be looking for parking for Monson in the next phase and a connection toward Brookline and eventually to Mason.
These two lots count toward open space requirements of future subdivisions.

REPORTS:

Trail Expo - Diane reported that the Trail Expo was a great success. There were more than 160 people in the Banquet Hall listening to presentations, while a great number more were also in the Auditorium looking at the displays. Many of the organizations that participated expressed their gratitude and hoped that this would be held again next year.
Wallingford Place Trail easement - A trail easement has been granted to the town, which allows access to Monson from the end of Wallingford Rd.

There being no further business to come before this meeting, the meeting was adjourned at 9:15pm.

The next regular meeting of the Conservation Commission is scheduled for Thursday, April 13, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Minutes were prepared by Rita Carroll

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:10 PM.

MINUTES:
Upon a motion made by Rod and seconded by Mark the minutes of the March 9, 2006 meeting were accepted as presented. Vote was 4 in favor, 1 abstaining.

APPOINTMENTS:

Attorney Andrew Prolman - Mitchell Brook/Boynton Hill Subdivision , M/L 45/2 ,3, 17, 20 and 50/1, 1-5.
Attorney Prolman and John Tenhave were here to discuss the wetland crossings that will be presented to the ZBA and to the Wetlands Bureau. The Dredge and Fill application to the Wetlands Bureau has not been completed. They are in the design review phase with the Planning Board and expect no changes to the location of the road and therefore no changes to the wetland crossings. They would like to have Zoning Board and Planning Board approval for the wetland crossings in place before filing with the state.
This open space subdivision encompasses 281 acres. 130 acres will be left as open space and the remaining acreage will have 97 residential lots. There are 12.5 acres of wetlands on the site. Five crossings for the main road are proposed with a wetland impact of 7,050 SF and a buffer impact of 28,000 SF.
New plans are currently being worked on that were not presented at this meeting. Attorney Prolman stated that wetland crossings have not changed in the new plans from what was presented tonight. The new plans address concerns expressed by the Commission in a memo to the Planning Board dated February 15, 2006. The boundaries of lots 13 through 17 are now aligned with the stone wall that runs along the back of the lots. Attorney Prolman stated that the vernal pools and a portion of their buffers will be left in the open space, although in the plans we had before us, parts of the vernal pools were still incorporated in the house lots.. The line for lot 74 will also be shifted due to the large wetland in the front. The cul-de-sac near lots 75 through 86 will be relocated to contain the glacial erratic.
A site walk was held on April 8th . The report is attached to these minutes.
Attorney Prolman explained that wetland impacts are due to the main road in the subdivision. The location of the road has been determined by the Planning Board's request for two accesses to the development, with one being a connection to a previous Boynton Hill subdivision, (Elite Construction, M/L 40/104). The crossings are culverts with headwalls; some have catch basins. There is no curbing on the roads. All crossings are at 90 degrees to minimize impact. Attorney Prolman went through the 5 crossings and explained what would be involved in each. Photos of each impact area were also included in the packet presented. It was noted by Attorney Prolman that some of the pictures are in the vicinity of the impacts, but not the impact itself, due to changes made after the photos were taken. He mentioned that on impact D the crossing is not in the narrowest part of the wetland. The road was originally located south of where the plan now shows, in the narrowest wetland area, but it would have been steeper than the allowed 6% Grade.
Commission members had questions and suggestions:
Diane note that the catch basins on impacts A and C are located in the wetland. She suggested they be located in uplands and drain to wetlands, as opposed to having the structures located in the wetlands. The state will probably request this type of design. She also mentioned that the wetlands impacted by C and D are headwaters for Great Brook. The Commission requests that the width of the bank remain unchanged and the stream bottom be left intact by using an open bottom box culvert, or other means that would accomplish the same objective. She asked about the small wetland at impact E, which will be eliminated. Will there be mitigation for its loss? If the wetland is eliminated the water needs to be accounted for. Attorney Prolman stated that there is no plan to create any wetlands. Mitigation is provided in protecting the vernal pools and the 130 acres of open space. He also stated that consideration will be given to the water flow by a stormwater swale to a detention basin. Chris asked if the road could be relocated to go around impact E. Attorney Prolman answered that because of the steep grade, there would be a greater impact on impact D's wetland. Audrey pointed out that on sheet 2 of the plan presented tonight, there is a house lot on the impact E site (lot 90). On sheet 1, the overview plan, impact E is located in open space. Whether or not there is a house lot at impact E needs to be clarified. She also stated that having a house lot at the impact could negatively affect regeneration of any remaining wetland and create more of a chance of impacts by the homeowner. Attorney Prolman stated that the lot lines are still being worked on, but that the impacts themselves will not change. Hub asked about the quality of water running off the site into wetlands. Attorney Prolman answered that there are many detention basins on the site. In terms of the quantity of run-off, Attorney Prolman stated that drainage calculations are currently being worked on. Rod asked if the main road could be relocated to come in off of Wolfer Rd. to eliminate impacts A, B, possibly C. Attorney Prolman answered that it was looked at and a road in that area would not meet grade requirements.
Mr. Levenson asked if the impacts to plants and wildlife were addressed. Attorney Prolman answered that the Natural Heritage Environmental Review letter regarding the presence of any threatened or endangered species is part of and will be included in the D&F application. Bob asked if any consideration was given for plants. He stated that he feels that Conservation should look at more than only the wetland impacts. Conservation should look at the entire site for other considerations such as impact on wildlife and vegetation and should comment on that also at some point. Diane stated that it is something that the Commission will be looking more at for comments to the Planning Board. For the wetland impacts addressed by the ZBA and the Wetlands Bureau, comments have to relate to the impacts only. For example, the request for open bottom box culverts at two impact areas was to minimize adverse effects on aquatic and other wildlife passing through the stream.
Attorney Prolman stated that he would like to come back to the Commission next month to answer questions posed at this meeting. Rita will draft a memo of questions and suggestions to him.
Mile Slip Property - concerns of abutters with ATV use - This item was postponed until the May 11 meeting at the abutters' request. Because the item was posted in the newspaper before the postponement, it was agreed that anyone attending would be allowed to speak; his or her comments would be recorded and what was said would be summarized and read at May's meeting. No discussion of the issue would take place.
Diane began the session by explaining that when the Commission initially advertised purchasing the 452 acres they advertised the property as being open to all users, including motorized vehicles. Milford's Conservation Land Ordinance states that any trails used by ATV's must be designated as such and adopted for trail maintenance. The New Hampshire ATV Club (NHATV) had offered to build, repair, and manage designated ATV trails at Mile Slip. There have been numerous complaints with regards to the ATV activity there and a meeting is scheduled (May 11) to hear from all sides. She then opened the floor for comments:
Mr. Savoy, a Milford resident, stated that he is an ATV rider who obeys the laws and tries not to upset anyone. He is only looking for an activity to have as a family. It was a nice surprise for him that Milford and NHATV formed an alliance to set up a place that everyone can enjoy. He believes that if "we patrol it and regulate it and use it properly, everyone should be able to enjoy it." He stated that there will always be someone to abuse it. "Don't let the one rotten apple in the bunch ruin it for everyone else."
Mr. Boisvert, a Lyndeborough resident, stated that he owns 830 acres in Lyndeborough and is on the board of NHATV. NHATV manages his property. He feels that NHATV is the best and most conscientious organization for this. Few towns have the expertise in knowing the laws regarding ATV's and how to apply them. They look to the state for guidance and education. He feels that the state should not have to enforce individual town laws. Enforcement is difficult and there needs to be a unified system. We have help from the state. Mr. Boisvert makes sure that each ATV user on his property is a club member, an educated driver. Regarding noise, he stated that NHATV discourages any change in equipment to increase noise levels. He feels that there should be a designated area for noise to be confined to and that the noise issue may be exaggerated. He stated that "We have expertise from the state. We have a piece of land that has been designated for the purpose of having this fun with the ATV's." He thinks we can operate without a problem. He stated that, " We will do whatever it takes as the NHATV Club managers to do the best job we can to make sure this small portion of land is protected so we can enjoy recreation." There is more than just ATV's. There are mountain bikes and snowmobiles. The motorized trails are a small portion of all the trails out there. He stated that they will be there at a call. He is among the people who go out on the trails wearing orange vests to help people. The ATV riders are doing the best job possible. They are family oriented. Handicapped riders use ATV's also.
Ed Carey, a Milford resident, stated that he maintains trails at Beaver Brook. He asked if hiking and motorized trails could be separate. Diane answered that yes, that is the intention. There are large areas with no ATV trails. The ATV club has gone out and built their trails already. The Commission does have some volunteers, plans to go out and mark trails, but has not done so yet. There are growing pains, but the intention is for separate trails for hikers and riders.
Nolan Jones, Milford resident - said that he is an engineer and asked what the specifications are for noise levels from ATV's. He thinks that NHATV should supply specifications to the Commission and asked if they (NHATV) have any noise measuring equipment. Mr. Savoy suggested that he call the NH Trails Bureau. The Conservation Commission office will send him contact information. There followed some discussion about manufacturers regulating their products.
Diane asked if someone on patrol could have equipment to measure noise levels and was told that an engineer needs to do it. A machine out of the store fits the regulations but someone may modify it to make more noise. Chris asked if they can be examined visually to determine if they have been altered.
Sean Mullin, Amherst - stated that there are approved exhaust systems for noise. They also have 'spark arresters" that eliminate sparks that can cause fires.
Diane stated that on May 11, there will be a meeting regarding this issue. The NHATV president, neighbors and the Milford Police Chief will be in attendance. The discussion is scheduled for 8 PM. She also stated that the trails designated for ATV use have been created and signs put up. There are a few wet areas that need rip rap and a bridge may be put in. The state has money available to the clubs for trail repair and maintenance. There have been problems with people going off the trails. The Commission is gathering information from all sources before deciding where to go from here.
Carl Olsen, Milford, asked what the Conservation Commission's vote was to have the ATV club manage the trails. And what effort was made to contact the Mile Slip Rd. residents to let them know this was going to happen?
Diane answered that before the Conservation Commission can purchase a piece of land or acquire an easement, they must go to the Board of Selectmen. The Commission does not own property; it is owned by the town. The BOS would not support the purchase of the property unless all taxpayers could use it, including those with motorized vehicles. The Commission did not think the purchase would be successful without the Selectmen's support. They also felt that because of the existing gravel roads at Mile Slip, the wheeled vehicles on designated trails following the rules about speed and noise, etc. would be able to coexist, with hiker trails being located elsewhere on the property. The trails designated for ATV use do not go near Mitchell Brook or any sensitive areas. As far as contact with the Mile Slip Rd. residents was concerned, Diane stated that she had met with the owners of the 12 lots at the end of the road, the ones that are most impacted by the purchase. She did not meet with residents of the entire road. She also stated that the purchase was advertised as being open to all uses, including ATV's and snowmobiles. Some of the publicity had pictures of snowmobiles and ATV's. The Conservation Commission is a manager for this property and is looking to work with all the parameters it has been given. It will take some time to work out all the details. It is not something we have had experience with. We don't allow motorized vehicles on any of our other trails. Diane has met with NHATV and stated that the Commission needs to work with them. The town has only had the property for 8 months and we need to see if we can work it out.
Mr. Olsen said, "To get a sense of how this played out, the Selectmen said that we cannot put it to the voters unless we include them, that all taxpayers have a right to use that property and in essence, the Selectmen approved of the ATV club managing the trails. And the residents were informed of this. Diane answered yes, and that yes the people near the end were informed, not the entire road.
As a follow up question, Mr. Olsen asked if once the land was purchased, was the management of it turned back to the Conservation Commission and is it the Commission that can make a decision now as to how it can be used? Or is it that once the vote had taken place, it has to be used at trails?
Diane stated that the warrant article did not specify what the land would be used for. But we must make every effort to follow what we told the town we would do with it. We do not know what percentage would have not voted for the land if it were no motorized vehicles.
Mr. Olsen asked if there is to be a change, would that change come from the Commission or from the Board of Selectmen? Diane stated that she believes it would come from the Conservation Commission. She stated that there need to be changes , not necessarily in the original plan, but in what is happening now. She has been told that Jeeps have been out there and our ordinance clearly specifies the size of vehicles allowed. Road vehicles are not to be out there. That was never part of the agreement. NHATV has done some work blocking accesses to road vehicles, but there are numerous accesses to the trails on that property. These accesses will be addressed. There are ways to deal with the problems. It is up to this board to decide what we will do. She encourages Commission members to go out to Mile Slip on the weekends. The property is currently closed.
Mr. Olsen stated that he has gone out there ~6 times and although he met polite ATV riders, he has seen no one managing the area. He saw ~14 vehicles in the area, 4 of which were trailers for multiple ATV's. Mr. Boisvert offered to give him his phone number and to be called to patrol if needed.
Mr. Savoy spoke again and stated that the Jeeps are an example of the "bad apples that will always be there."
Kim Stapel, Milford resident, stated that local residents had used ATV's on the property in small numbers for many years, but now there are a great deal more and many are from out-of-state.
Noreen O'Connell suggested that NHATV provide some manpower volunteer time to create new pedestrian trails. Mr. Boisvert, speaking for the NHATV club, said that they would not mind doing that.
There were no further comments from the group or from the Conservation Commission members. Mr. Boisvert thanked the Commission on behalf of the NHATV club.

UNFINISHED BUSINESS:

Mayflower Town Forest- report, discussion from site walk of March 26. This item was postponed until the May 11, 2006 meeting.

NEW BUSINESS:

Election of officers:
Wayne made a motion that Hub Seward be the Conservation Commission Vice Chairman. Rod seconded the motion and the vote was unanimous in favor.
Audrey made a motion that Diane Fitzpatrick be the Conservation Commission Chair. Rod seconded that motion and the vote was unanimous in favor.
Knight Street - This item was not addressed at this meeting.
Presentation of the Souhegan River Watershed Management Plan, - Diane told the group that the Souhegan River is designated under the Rivers Management and Protection Program and because of that, it has a Local Advisory Committee. Diane is on this committee, which wrote a management plan with the help of the Nashua Regional Planning Commission and a grant from the NH DES Watershed Assistance Bureau. The management plan includes assessment of the corridors, such as damaged areas and conditions of dams and bridges. It also contains an inventory of resources, existing regulations, water quality, uses and strategies on how to address problems. The document is in the office and is on a CD. Rita will make copies of the CD to give to members at the next meeting.
Beaver Brook/Holland Farm - this item was not addressed at this meeting.
Pictometry - On March 31 departments were asked to consider sharing the $6588 cost to acquire an enhanced version of the pictometry product that the town will be receiving soon thanks to the City of Nashua's efforts in obtaining grant funding for itself and the surrounding communities. This will make up one of the layers of the town's GIS system. The enhanced version will have better detail and clarity than the one we are receiving from Nashua. If each of 13 departments that would benefit from this product contributed equally, the cost to each would be $507.
Rod asked if this were a recurring charge. We will not own the photographs. If not all 13 departments that were sent the request are interested in contributing to the cost, the cost could go up. Also the BOS had been concerned with privacy issues, but apparently only the town could access the photos, not the public.
Hub made a motion that $507 be spent from the Forest Fund for Conservation's share of the Pictometry purchase. If more money is needed, then the Commission will have to vote again. Audrey seconded the motion and the vote was unanimous in favor.
GPs software - Diane brought up the fact that we are unable to download our tracks from the Commission's GPS unit. The unit has very little value without this ability. She has researched software that would allow the Commission to do that and found one that would be the best choice. She asked the group to expend $116.65 to purchase 010-10215-02 MapSource Topo US. Chris suggested looking at Amazon and e-bay also. Audrey made a motion to approve an expenditure of up to $150 from the Forest Fund for software for the Commission's GPS unit. Hub seconded the motion and the vote was unanimous in favor.
Boy Scout volunteer work - Bob Sinkiewicz mentioned that the bridge at the entrance to the rail-trail, Chris Hardy's Eagle Scout project, was in need of maintenance. Bob and his scouts sanded the railings, which were becoming full of splinters and they will stain it. They also plan to continue to stain the picnic tables at Hitchiner. Rita will send him a list of potential scout projects for him to have on hand.

Interdepartmental Review:
Mark had expressed interest in learning more about how to read plans in order to make comments. Diane stated that she would like to offer training for any members who would be interested. Members agreed to meet on April 27th at 7 PM in the Planning Board conference room for a work session. Rita will post it and remind members.

PSNH - Scenic Road hearing to allow removal of brush, less than 4 inches in diameter on Jennison, Joslin, Mason, Melendy, North River, Osgood and Savage Roads.
Commission Comments:
"Purpose of trimming and removal of trees on this and any other scenic roads within the proposed work area". Is this a blank check for all Milford scenic roads? Time limit?
St. Louis/White, Elm St. - M/L 7/8 - application for gravel removal permit.
Commission Comments:
Conform with state regs for gravel removal? Buffer to abutters and depth to groundwater. Show wellhead radius, 400', lot 7-6.
Suggest do not go deeper than elevation of 7-8-1, 256'.
Charles and Elizabeth Bosler, Chase Ln., Falconer Rd. - M/L 17/11 - subdivision of one lot into two.
Commission Comments: No comment
Doug and Danielle Peckham, Elm St. - M/L 19/18 - proposed conversion of apartment to adult day care center.
Commission Comments:
No comment / % open space?
Scott Brown, Union St. - M/L 42/37 - non-binding discussion of proposed 29-lot subdivision.
I heard that the Scott Brown subdivision may ask to be excused from the open space requirement, since the district the property is in allows small lots and they don't think there is any area with open space value.
Commission Comments:
Minimum lot sizes in Residence A is small, making open space requirements difficult. We would like to see at minimum the wetlands and buffer out of lots in protected space. Wetland and buffer restrictions need to be on the plot plans for individual lots and possibly also in the deed. Wetlands affect lots 1, 9, 10, 12 and 15. Drainage easements on detention and drainage swales.
Stetson, Federal Hill Rd. - M/L 53/21, 21-2, 21-3, 24-4 - proposal to combine 5 lots into 1, and to then subdivide the 1 lot into two.
Commission Comments: No comment
Woodside Development, Federal Hill Rd. - M/L 59/4 - regional impact hearing for proposed minor subdivision on Milford/Hollis town line. Also may involve removal of trees and disturbance of stone walls.
Commission Comments:
Same comments as previous review. Open space design in next phase needs to address parking for 25 cars for Monson and trail connection going west.

REPORTS:

Pedestrian bridge in Emerson Park - Rod reported that work will start again on this bridge that goes over the gully with boulders in Emerson Park. He will create a materials list and obtain quotes. When the quotes are done, Rod will e-mail members to set up a work day. This project was initially part of a grant and is compliant with ADA rules for handicapped accessibility along this trail in the Park.

Non-Public Session: At 9:42 pm, Wayne made a motion, which was seconded by Audrey to go into non-public session to discuss a land issue. At 10:10 pm, Audrey made a motion, seconded by Wayne to come out of non-public session. No decisions or motions were made.

There being no further business to come before this meeting, the meeting was adjourned at 10:30pm.

The next regular meeting of the Conservation Commission is scheduled for Thursday, May 11, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

ATTACHMENTS: Site Walk Report, Boynton Hill Subdivision, April 8, 2006

Chris Costantino & Diane Fitzpatrick met with Jay Heavyside and Tom Carr of Meridian, Andy Proulman, attorney for the developer, one of the partners developing the parcel, Lauri and friend from the Wilton Wanderers Snowmobile Club, Matt Sterns, Brenda & Stanley Nowicki, Milford abutters and an abutter from Wilton.

The walk started at 9am and ended at 11:30. We met at the end of Boynton Hill Road and walked along where the new road is expected to be built. We examined the first 2 wetland crossings. We then proceeded to the stone wall we asked to have used as a boundary of the open space rather than be included in several lots. We inspected the Vernal Pools and also the wetland in the front yard of Lot 74. We all climbed the hill, took pictures of the erratic and then toured the Gutterson homestead. On the return trip to our vehicles we looked at the 2 other proposed wetland impact locations. I have pictures of all these spots to show at the meeting.

Recommendations from Chris and Diane: The 2 wetland crossings that impact Great Brook should use open bottom box culverts, or some other alternative, that preserves the natural stream bottom, is at least the width of the channel and does not impede the movement of salamanders, frogs, fish or other aquatic life in the stream. The stone fence identified at the last meeting should definitely be used as the open space bound and not incorporated in house lots. The Vernal Pools are active with many, many egg masses in evidence. These pools need to be wholly in the open space with as much buffer as possible. The wetland in the front of lot 74 should not be the front yard of a house lot. We are pleased with the amount of open space surrounding the historical homestead, there was a large cellar hole for the farm house, a beautifully preserved well, a barn foundation and several other stone constructions. We observed many piles of moose droppings in various stages of decay, a few were very fresh.

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:07 PM.

MINUTES:
Rod made a motion to amend the minutes of the April 13, 2006 minutes to add the wording: "to discuss a land issue" to the motion to go into non-public session. The motion will now read, "Wayne made a motion, which was seconded by Audrey, to go into non-public session to discuss a land issue."
Chris seconded the motion to amend and the vote was unanimous in favor.

Chris made a motion to add Mark Turner as being present at the April 13, 2006 meeting. Rod seconded the motion and the vote was unanimous in favor.

Hub made a motion to accept the April 13, 2006 minutes as amended. Andy seconded and the vote was unanimous in favor.

Andy made a motion to accept the minutes of the April 27, 2006 work session as presented. Mark seconded the motion and the vote was unanimous in favor.

MINUTES SUMMARY/DECISIONS/MOTIONS:

MITCHELL BROOK/BOYNTON HILL SUBDIVISION: Commission members decided that they would wait before making any decisions on whether or not to recommend approval of the wetland crossings to the ZBA. They will decide after they have reviewed the wildlife study. They scheduled a work session for Thursday, May 18th at 7pm in the Planning Board meeting room.
DECISIONS MADE REGARDING ATV USE AT MILE SLIP TOWN FOREST; At this meeting, members decided that before the trails are reopened to ATV's:
1. The wetland crossings will be permitted by DES and constructed.
2. The parking lot for vehicles bringing in ATV's will be relocated to an area away from homes.
3. Rules will be posted. One, possibly two, kiosks will be constructed with rules and a map of designated trails.
4. Patrols will be scheduled for education of riders and reporting of infractions.
5. The property will be open to ATV's from the weekend before Memorial Day (pending an inspection to determine that the trails are dry) and will close on November 1.
*This year the property will probably not open until sometime in August, due to the length of time that DES permits and wetlands crossings, etc. will take.
No decision was made on whether or not restrict hours that the property is open to ATV's and whether or not to close to ATV's on one day of the weekends. Commission members will think about this and see how things go when the property is reopened late this summer. Speed limits will also be posted.
3. PEDESTRIAN BRIDGE AT EMERSON PARK: With regards to the materials needed to complete construction of the bridge over the boulders in Emerson park, Hub made a motion that the $3100 voted on in Sept. 2004 be increased to no more than $3600 for the construction of the bridge. Mark seconded the motion and the vote was unanimous in favor.

APPOINTMENTS:
7:15 - Jay Heavisides, Meridian Land Services - Mitchell Brook/Boynton Hill Subdivision - M/L 45/2, 3, 17, 20 and 50/1, 1-15 - Jay was present to answer questions from last month's meeting about drainage and to present the latest concept for the subdivision. He stated that the location of the road has not changed. Some lot configurations were changed to accommodate the Commission's requests. Access was added to land in Wilton. Vernal pools with some of their buffers are now located outside of the lots. Lots lines were changed to align with existing stone walls in many locations and the glacial erratic is now on one of the cul-de-sacs. The large wetland in lot 74 now is located partly in two lots, rather than just the one. A few lots were added; a few were removed; there are still 97 lots proposed for the plan. The request for open bottom box culverts at impacts C & D was discussed. These streams are headwaters for Great Brook. The Commission had requested that the streambed be left intact to allow wildlife to cross. Jay stated that because of the steepness of the area he would have to use a very large culvert in order to do this. He would need to move the road, use an 8-10 ft. wide box culvert and accommodate a 15% slope, potentially creating more permanent wetland impact. He felt that wildlife would be able to cross the road, because it would not be a very large or busy road. He also felt that economically it would be unfeasible to do the crossing in this way and that the possibility exists that wildlife would still cross the road, even with the open bottom culvert in place.

Rod suggested using a bridge. Jay said that economics would make using bridges unfeasible. The stream is only 2 ft. wide by 6" deep and on a 15% slope the stream bottom may not remain anyway.

The request to locate the drainage structures (catch basins) out of wetlands at impacts A and B was discussed. Jay stated that because of the road being at the maximum 6% grade, he does not have a lot of flexibility in where he can locate the catch basins.

The Commission also has requested a wildlife study to be done. Jay stated that they are working on that.

The Commission had sent Jay UNH Fact sheet about the use of gravel wetlands. Jay stated that in an "ideal world", these might work, but he does not feel that they would work in the Boynton Hill site due to the steepness of the site and the large amount of run-off. He did state that he plans to put more detention basins in. He will include a number of small ones along the road.

Mark Turner asked who would maintain the drainage structures between lots 95 and 96 at impact D. Jay answered that the town would. These are the same concept that are at Falcon Ridge.

Mile Slip Rd. resident David Michel asked if this was the only location for a road up to the site. Jay stated that yes, it is the most efficient in terms of what is permitted on the site. Dave asked if it is possible to not impact wetlands. Jay pointed out how the wetlands cross the site and showed that they would have to be impacted somewhere if the road is to cross the site. John Tenhave stated that a lot of time and money has been spent ensuring that the crossings have the least impact possible to the site. He stated that the site is 11 million square feet and that only 7,000 square feet of wetlands are impacted. Diane stated that a decision on whether or not to recommend approval of the crossing to the ZBA would not be done right away at this meeting. She asked if the Commission needed to have their position ready for the ZBA the following Thursday. Jay stated that they have postponed their appointment with the ZBA until the wildlife study has been completed.

Dave Michel asked if the flow studies were done based on present water flow off the site or the water flow after lots have been cleared and the road has gone in. Jay answered that both are calculated; as part of standard practice they look at existing and proposed conditions.
When asked by Mr. Michel about the need for detention basins, Jay answered that the state does not allow use of wetlands for detention. The engineers provide detention in detention basins created in upland areas before releasing the water to wetlands.

A Mile Slip road resident stated that Jay probably did a great job engineering the site. He is concerned, however, with the amount of trash that could be thrown with the number of houses coming in. His wife picks up trash on Earth Day now and this year filled 23 bags.

Anthony Tosi,Mile Slip Rd. stated that the lots were changed to accommodate stone walls which were man-made, not created by nature. The roads are not being built to accommodate the wetlands and they were created by nature, not man. 7,000 SF of impact is being shrugged off as not a big deal, but it would be better to have 5,000, 4,000, 3,000 or none. No one said they had to build on this property. Jay stated that when the road was first laid out the wetlands were the major consideration. They tried to avoid as much wetland impact as possible.

Mark Maloon, Mile Slip Rd. felt that they had done a good job and that Mile Slip Road might benefit from having another access to it for fire protection and the ability to leave the area if needed.

Ron Eichler stated that when Mile Slip Rd was constructed, wetlands were destroyed others were created. He felt that for this project the same thing will happen. Wetlands will be destroyed and others will be created by run-off.

Meara Michel stated that recreating a wetland does not always work out. It is not necessarily a biologically feasible or healthy thing to do.

Martin Sample, Mile Slip Rd., thought that the cost of a bridge could be balanced by the fact that 97 lots are going in. He also expressed concern with the impacts to the water table.

Dave Michel asked if the Commission should consider costs in their recommendations. Jay stated that cost does not affect the impacts much. The impact area would be nearly the same. They will go with the recommendations of the Planning Board and the ZBA.

At the end of the meeting, after the Mile Slip public hearing, members decided that they would wait before making any decisions on whether or not to recommend approval of the wetland crossings to the ZBA. They will decide after they have reviewed the wildlife study. They scheduled a work session for Thursday, May 18th at 7pm in the Planning Board meeting room.

At 8:00 the meeting was reconvened in the Banquet Hall for the Mile Sip public hearing.

8:00 - Mile Slip abutters (David Michel, Kim Stapel) - concerns with ATVs at Mile Slip. Diane began the hearing by explaining that the town purchased the property and agreed to allow NHATV to manage the trails for ATV use. Right now the property is closed to motor vehicle use for two reasons. The NHDES Wetlands Bureau has received a complaint of wetlands being impacted without permitted crossings being installed. There also have been numerous complaints by neighbors of noise levels and large numbers of ATV's and other vehicles in the area. She stated that after hearing public input, the Conservation Commission, with the cooperation of the Board of Selectmen and the Milford Police, would make some decisions as to what rules will be in place before the property can be reopened to ATV use.

Diane read comments that were made by residents present at last month's Commission meeting and then opened the floor for public input.

Rick LaCourse, President of the New Hampshire ATV club, stated that the wetland crossings were not yet constructed because the club is waiting for grant funding to use to do the work. He suggested that hours of operation and speed limits be instated for the property.

Shelley LaSalle, Mile Slip Rd., asked what the wording was in the original warrant article. Diane answered that the warrant article did not specify what the uses of the property were to be. However, when the Conservation Commission approached the Board of Selectmen to ask that this warrant article be put on the ballot, they were directed to include all users. All taxpayers needed to be able to use the property. The advertising for the vote regarding this property did include ATV usage.

John Livingston of the Brookline Ice Breakers stated that NH Fish and Game does test for noise levels with noise meters. There is a device that is portable that has the ability to do the testing.

Mark Wojtkun, Trail Master of the NHATV Club, stated that it is illegal to modify the exhaust systems to make the vehicles louder.

Kim Stapel, Mile Slip resident stated that she felt that the amount of work needed to be put into permitting and creating the wetland crossings for the trails seems like a lot, considering it is only a 3-mile loop. She asked about the responsibility for people coming in and going off the Mile Slip property and if the intent is to eventually link to Brookline.

Diane answered that ATV's are not allowed on any property without written permission of the landowner, unless signs are posted permitting ATV use on the property. Abutters have complained that people using the property have gone off onto private lands. The Mile Slip property is 'porous'. There are many old logging roads and the power lines. It is easy to enter and leave the property from many different directions. This is something that the Commission needs to consider. Signs have been posted, but many have been taken down.

Rick LaCourse stated that in a few weeks, after "mud season", many other areas will open up to ATV use and there would not be as many people seen at Mile Slip as had been in the past. Many people came to Mile Slip initially because they were curious to see what the new trail system was like and most of the other areas were closed for mud season. He stated that after the trails at Mile Slip are all set they can discuss opening up to other sections.

A resident stated that she was out to the area and spoke with someone on a dirt bike who told her he put 19.5 miles on his odometer.

Fritz Siegrist, Osgood Rd., stated that he lives near the border of Brookline. He sees a lot of people coming in that are in for a good part of the day, so he would suspect that they are going into Brookline. It's private property on that side of Brookline.

David Michel of Mile Slip Road stated that there had been a neighborhood meeting regarding the issue of ATV's at Mile Slip. People felt the park should be open to ATV's in that it had been used for ATV's for a long time. What is different now is the level of noise, intensity of use and lack of regulations. What the residents are looking for are commitments from the ATV Club and riders as to what type of use will be permitted, the level of use and how a patrol system can be set up to enforce the regulations.

Diane said that the Conservation Land Ordinance states that there needs to be an established club to manage the property. It would regulate it, obtain insurance through the state, and take care of signs and wetland crossings, etc. Rick had told her that unless there were a sufficient number of local people who would volunteer to patrol the property they would not take on the trails.

Rick LaCourse said that in January they had a trail patrol-training program here in the Town Hall. Patrols are available to go to the property wearing orange vests to educate (not enforce) people about the rules. He stated that 16 people signed up to patrol and that they were to take turns patrolling. His goal is to get trail patrols and a committee here in Milford for weekends. These volunteers would also work on trail maintenance, take care of signs that are knocked down, and post signs stating the violation costs for driving through wetlands and for removing signs. The patrols are supposed to fill out a form with the license number and/or description of any riders doing anything wrong. The forms can be given to Fish and Game and the Milford Police.

Police Chief Douglas was asked to speak and began by asking, "Where have you been for the last month?" He stated that he thought the trail patrol program is a good thought. The police have been receiving numerous complaints over the last month. He feels that there is a problem with lack of maintenance and lack of NHATV Club presence in the area. When complaints are made, police will respond. Their time is being used and often the issue cannot be addressed, because the person is no longer there. They have received a grant and are or have purchased an ATV and an off-road motor cross bike. He stated that he would commit, that if the ATV Club does not take care of the problems, they would.

Chief Douglas also described talking with a landowner who lives west of the area and has always opened his land to riders, hunters, hikers, etc. In the past 5 weeks he and his wife have been devastated by increased use and abuse by ATV's on his land. A section of his fence was taken down. If existing trails extend west, the Club either needs to expand its trail system or post or gate the accesses to other properties. The Club is responsible for this area west of Mile Slip and needs to make contact with landowners. Chief Douglas stated that people do not know where they are going. There are no signs, no direction and no control. Mark Wojtkun stated that he has put signs up, but that he cannot go off the property onto the abutters' private property. Chief Douglas suggested that NHATV meet with the landowners in Mason. They are upset. He also suggested that the signs be put up high and wrapped in wire to make them hard to remove. If the signs are not there, the police cannot do anything about it. He stated that the educational part of the trail patrol responsibility is very important.

Gail Vrouhas stated that she lives on Tucker Brook Road, that ATV's have ridden through her front yard to other areas and that police have questioned her about it because she has ATV's. ATV abuse happens everywhere.

Police Captain Fortin said that problems with ATV's are not unique to the Mile Slip property. In the past year, they have identified the problems and applied for a federal grant to purchase a 4-wheeler and a motorcycle. They will be able to address the abusers and will take quick decisive action, by giving a lot of tickets, etc. Diane asked if they could act on a report by someone observing illegal activity. Captain Fortin stated that if they get a plate number or a pattern of use by someone they can intercept an abuser. They will be able to do more enforcement than they can right now. He said that the trails being located so close to houses should be addressed

Harry Sandel stated that he lives at the end of Osgood Road and that ATV use on Osgood Rd. is a disaster because of abandoned vehicles, trash, beer cans, partying and gunfire. The police are unable to chase them because they are in cars. He felt that putting ATV people in charge of ATV use is "like putting a fox in charge of the chicken coup." He also said that often you cannot get a license plate number because there are no license plates. He said there is a lot of noise, exhaust fumes, speeding and that there is no way to control it.

Craig Hamilton of Milford stated that part of the problem is that there is no where for ATV's to ride. He felt that moving the parking lot at Mile Slip would be a way to improve the situation. He thought that Fish and Game should be in charge of the areas. Diane stated that there is only one officer for 10 towns. Craig also said that he felt the entire woods are wet and that he does not know where the wetlands are. He thinks that 3.5 miles of trails is better than nothing. He had written a letter to the BOS to ask permission to ride at the BROX Property; this request is still pending with the BOS. He stated that the partying and trash in the areas are not necessarily ATV riders. It is due to kids partying in the areas and not necessarily the ATV riders' responsibility.

Diane mentioned that she and Selectman Gary Daniels had walked the trails on May 10. Selectman Daniels told Diane that when the skateboard park was originally constructed there were a lot of problems with vandalism and use of the park off hours. The park was then closed. A local club formed, put together some rules, cleaned up the park and the park was reopened. The local club now monitors the park. Diane stated that Milford needs a core group to spend time out at Mile Slip.

A resident of Mile Slip Rd. stated that once ATV's are established in an area, the ATV's dominate. He said that they need to talk about others who want to use the property, such as hikers, horses, and people with small children.

Tammy Savoy stated that she and her family are ATV riders and that they do it as a family and obey the laws. Her son said that he feels that cars can be and sometimes are just as loud.

Daymond Steer of the Milford Cabinet asked when the property was purchased by the town and when was it legal to ride ATV's on the property. Diane answered that the property was purchased in August of 2005. The trails were designated for ATV use in the fall of 2005 and were legal to ride when the ground was frozen. All ATV trails in the state, with the exception of a very few, are closed once the ground thaws until the weekend before Memorial Day, 'mud season'. They cannot be open again to the public until all the places where the trail crosses a wetland are addressed. The trail would need to either be shifted away from the wetland or a bridge or culvert or some acceptable crossing needs to be done. The NHATV Club will apply for a permit from the Wetlands Bureau to address all the crossings. Because the wetland crossings were not yet done with permission of NHDES, it should not have been opened to ATV use once the ground thawed.

Larry Boisvert stated that he thought the discussion was trying to address a national problem with ATV abuse and that that does not mean that NHATV cannot control the use of ATV's at Mile Slip.

Diane then asked for public input with regard to suggestions for solutions to the problems.

Sandy Dannis, Federal Hill Rd., asked if the area will be a regional park with people coming in from Massachusetts. Diane answered that that is something that needs to be discussed if NHATV is to manage the property. NHATV is an experienced group who knows the rules and have built and maintained the trails. The Commission felt that having NHATV manage the property would be the way to go. If NHATV continues to manage the trails it needs to be open to more than just Milford people However, maybe Milford is up to managing its own ATV use at Mile Slip.

Shelley LaSalle, Mile Slip Rd. asked how the wilderness aspect of it could be maintained. What was once a meadow is now a very busy parking lot. Great Blue Heron are seen down in the wetlands along with deer, black bear and more. Now there are large 4 -wheeled vehicles. She saw a Jeep Cherokee and old Ford Bronco with large mud tires continue down Mile Slip road. Will NHATV police them also? As far as the jeeps are concerned, Diane stated that Mile Slip Rd. is right now a Class 6 Road and 4-wheeled vehicles are allowed on it. The Commission may be looking at the possibility of changing that status. No road vehicles are allowed on the Mile Slip trails that are designated for ATV's.

Carl Olsen, Shady Lane, stated that he has done some research and has been unable to find a good model of ATV's, horse trails and hiking trails. A lot of states have pulled back from allowing ATV's because the uses are not compatible. The Commission should look for models of where it actually works. As a voter he would have liked to have had a chance to vote as to whether or not the property would be kept as conservation land, or whether to create an ATV park. Diane said that it is not our intention that hikers and ATV's use the same trails.

Dave Michel had some suggestions for solutions. He suggested that enforcement of rules be done both on the trails and in the parking lot. He also suggested that ATV's be allowed in the area on only one weekend day, and that NHATV be present to enforce on both days. He suggested that someone in the parking lot make a list of all the registrations of people using the park, so that you can identify someone coming in from the other directions. He also suggested having some sort of noise patrol and that in additions to signs, gates or boulders be used in various areas to control access.

A Mile Slip Rd resident stated that Milford has many trails that are for hikers only. He feels that it is time for there to be an ATV trail. He asked how far the Class 6 road goes and was answered that it goes all the way to Brookline

Martin Sample, Mile Slip Rd. suggested locating the parking lot farther into the woods and putting a map of trails at that parking area.

Paul Marshall, Mile Slip Rd. asked if Mile Slip Rd. was the only access to the Mile Slip Town Forest and if there is a possibility of another access for it. He was answered that yes, it is the only access.

Mark Maloon, Mile Slip Rd. stated that there is a trail that has successfully been multi-use. It is called the Sugar River Trail and runs from Newport to Claremont. He asked if we have 450 acres, why can hikers not go to other trails? He cannot see why we cannot make it work. He also stated that moose are not afraid of the noise. He said that we have had the property less than one year and are not successful yet, but feels that we can make it work.

Meara Michel suggested that the hours be limited to not include evening. There are a lot of children. She asked how many culverts would be needed for the trail crossings and mentioned that this has been a very dry year. The two trail loops are very wet. She wondered if this is the right property for ATV's especially if Boynton Hill gets developed. Where will the wildlife go? There are moose in the area and we need to think about that.

Ron Eichler brought up another suggestion made at the neighborhood meeting. He suggested that a fee be charged to ride there. It could be turned into a revenue source for the town to pay for the enforcement and upkeep.

Kim Stapel said that the average stay for people in the park for 2-4 hours and asked how they can be just riding only a 3-mile loop that takes 15 minutes. She asked if this is going to be an enclosed loop and if it is worth all the time and effort for the crossings. She showed 2 photos along Brookline property with 3 no trespassing signs and a stop sign and felt that riders have full knowledge that the road goes onto another's property. She asked how NHATV could be responsible for extension onto others' properties and for others coming into the Mile Slip property. She said that if the loops are enclosed and only 3 miles, that is great, but she does not think that is what the riders really want. Kim also showed a video of vehicles at Mile Slip and described some of the problems she saw with the ATV's.

Chief Douglas stated that most of the complaints are from the parking lot and suggested moving the parking farther south on Mile Slip Road and using the current parking lot for hikers to park only. In terms of exhaust systems (noise), the only way to enforce is with a decibel meter. There are only 4 in the state owned by Fish and Game. When asked if it would be helpful if patrollers carried cameras, Chief Douglas stated that anything that would document the problems would be helpful, but people normally do not like having pictures taken of them and he advises against any confrontations.

Captain Fortin suggested using maps, gates and bars to block parking lots when the park is closed and to limit access on Mile Slip Road. He suggested educating people with a large sign. Diane stated that if the park is open to hikers, the lot needs to be open so the hikers can park their cars. At 9:40 the meeting reconvened in the Selectmen's meeting room.

Diane stated that the public input portion of the meeting was concluded. The Commission members then discussed the issue and decided what needs to happen before the property opens again.

The Wetland crossings for the ATV trail will be permitted and constructed. Diane met with Dawn Buker, Wetlands Compliance Investigator for the NH Department of Environmental Services (DES), at the property. The ATV's cannot use the property until an NHDES Dredge and Fill application has been filed, a permit issued and all the crossings completed.
Members agreed that the parking lot for the ATV's should be moved farther down the road away from the houses and that the existing parking lot be used for only hikers. Nick Devine, for his Eagle Scout project will construct a hiking trail. The trail has been laid out and is located away from the ATV trails. He plans to construct the trail this summer. Hub mentioned that the trail designated for ATV use currently runs through the existing parking lot. Chris suggested expanding the southern loop of the ATV trail and eliminating the northern loop, which goes through the parking lot and also through more wet and sensitive areas. Wayne agreed and stated that the southern loop has already been heavily impacted by historic logging operations and is on a larger section of the property. The property to the west and north is more environmentally sensitive. He asked if anyone knew what Mason wants to do regarding a possible ATV corridor down Mile Slip Road. Diane stated that the road to Mason is part of an allowed snowmobile trail. Having a core group of Milford patrollers contact abutters to see what needs to be done at the borders was suggested. The Conservation Commission needs to go out there. Rod asked who would be responsible for construction of the new parking area. Rick LaCourse stated that if there is any grant money left over after the wetland crossings have been done, they could use that money and their volunteers to do that and also put up gates.
Rules need to be posted. The NHATV Club will construct a kiosk and post a map and rules. The kiosk will be located in the new ATV parking area. Mark Turner suggested having a number of maps printed, so that riders could take one to have with the. Mark Wojtkun stated that they had had problems with that at Clough State Park. One person took the whole pile of maps to start a fire. Chris stated that the trails are well marked. A kiosk will also be constructed in the existing parking area, the one that will be for hikers only.
Patrols need to be in place. Who will be there, when they will be there and what they will do was discussed. Hub asked if patrols could patrol now while the park is closed. They need to be identifiable so that they are not mistaken for trespassers. Rick stated that he currently has people out there on weekends for ~1 to 1 � hours to let people know that the area is closed to ATV's. The sign posted saying that the property is closed seems to be working. Members asked that the schedule for patrols be e-mailed to Conservation and felt that there should be alternates for patrollers that cannot make their scheduled time. Hours for patrolling should be random and not posted publicly. Rod asked if the reports that are sent to the state could also be sent to the police department Rick said he currently mails to the association and the Trails Bureau. The Commission will check with the Police Chief and see if he would like the reports sent to him. A question was asked about towing if there is a sign up. If someone parks on the road because the parking lot is closed can it be towed? Can a truck in a closed parking lot be towed? Rick stated that he is concerned with all riders who do not follow the rules and ruin things for others. He is especially concerned with people who take down signs. When a sign is removed, other riders unknowingly may cross onto private property. Use of gates can prohibit owners of private property from using their own trails to access the ATV trails. And/or people may create new trails around the gates. The level of use of the area has surprised people during the past month. Larry Boisvert asked if there could be ways to limit the numbers of people using the area. Limiting the size of the parking lot and not allow parking on the road can potentially do this. Diane asked what a reasonable number of machines on the trails there would be. Rick answered about 10-50, depending on the weather conditions, etc.
Having a "season" for the property to be open to ATV's was discussed. Other users, such as hunters, hikers wanting to enjoy the leaves in the fall and cross-country skiers must be considered. It was decided that the property would open on the weekend before Memorial Day, only after an inspection indicates that the trails are dry. Rick indicated that the Club often uses the time shortly before the opening to clean up and inspect the trails. Members decided to close the property to ATV use on November 1. Rick stated that he is a hunter and feels that animals are not afraid of ATV's.

Commission members discussed hours that the property would be open to ATV's. Closing the area to both ATV's and hunters on Sundays to give the hikers some time was suggested. Audrey stated that she prefers mandating that riders belong to a club and that she does not think it is fair to riders or hunters who may work Mon - Sat. to close the property to ATV's on Sundays. Mark Wojtkun stated that enforcement could be a problem. He is unsure if he could get patrols to patrol on Sundays if they cannot ride on that day. Audrey suggested seeing how it goes for the time being. Because the wetland crossings need to be permitted and completed, the trails will not be opened for ATV use until August at the earliest. They will then close on November 1. Members agreed to not decide about setting hours for the property at this time. They will think about it. Rod suggested getting a new sign stating that the property is closed to ATV's temporarily. Hours of operation were discussed, with one suggestion being to have the property open one hour after sunrise to one hour before sunset. No decision was made regarding this. Members decided to think about this and decide another time. If the trail is partly relocated to be away from houses, hours may not need to be as restrictive as if the trail ran close to homes.

Speed limits will be posted on trails. After discussion of appropriate speeds, Rick stated that NHATV will post a 25 mile per hour speed limit on the trails and lower speed limits at the junctions (10 mph) and near homes (15 mph). It was also suggested that mountain bikes be prohibited from trails during mud season. Rod stated that he liked Chief Douglas' suggestion about contacting landowners in neighboring towns.

Meara Michels suggested that mating season for the wildlife, which is mid to late September through late October, be taken into consideration when deciding on seasons that ATV's should be allowed on the trails.

The Conservation Commission will take a site walk to consider abutting properties, where to post speed limits, size of the new parking lot, length of the existing trail, and locations for kiosks.

UNFINISHED BUSINESS:

Souhegan River Trail - Pedestrian Bridge - Rod had reported that: "The order for the cedar wood needed to finish the bridge has been placed. Three deliveries will be made so the work can be staged. The first will be made to my house as some of the wood needs to be precut. The next two will be made to Emerson Park. The plan is to finish the bridge itself in about a month and a half. I will ask for volunteers as the wood comes in. Hub is in charge of manipulating the landscape to allow for walkable and handicapped access to the bridge. After looking at some of the wood for myself and talking with the resident expert at Costal Lumber, I chose the wood grades I felt we'd need. After talking with Dave Ely, the architect, and based on Kevin Lynch's requirement that we make it so that a person would have to crawl over the railings in order to fall a new modification was added. The river side of the railings will include stainless steel cable rails as some of the fill-in. This will allow for a good view, as well as safety. I'm anticipating that we'll have to go over the $3,100 budget for the project. I don't think it will be more than $500.00 dollars over, but I need to research more about the cable rails before I can give an accurate amount. The unexpected, but needed and extra cost of the cable rails, the recent decision to use some higher grade cedar for certain sections, and the fact that wood prices have increased in general are reasons for the need to increase the budget." Hub made a motion that the $3100 voted on in Sept. 2004 be increased to no more than $3600 for the construction of the bridge. Mark seconded the motion and the vote was unanimous in favor.
Mayflower Town Forest - report, discussion from site walk of March 26, site walk to be planned for sometime in early June for Wayne and others to flag trails at Patch Hill and LeAnn open space. This item will was not discussed at this meeting.

INTERDEPARTMENTAL REVIEW:

Beaubien, Adams St - M/L 22/73 - subdivision of 22/73 into two lots.
Commission Comments:
The new lot has sufficient frontage and is large for the "A" zone, but the useable area is tight. If this is approved, the new owner needs to be supplied with a plan showing the area that can be disturbed for residential use. We feel there is a need to do a site walk to assure that the buildable area is "high and dry" and not likely that the buffer will be filled or needs to be impacted the make the lot livable. We would like to avoid the situation we have on Mill Street where the homeowners can not even add a deck without impacting the wetland buffer. Building envelope size and shape needs to be addressed in the revised subdivision regs. Does the "brook" have a buffer? It should not be disturbed.
Holder, Knight St. - M/L 39/66-1 - design review of a proposed 10-lot subdivision.
Commission Comments:
Conservation Commission does not object to waiving the open space requirement on this project.
Smith, Stabile Rd. - M/L 49/12 - 6 lot subdivision. Applicant is asking for a waiver from OS.
Commission Comments:
The Planning Board designed the open space for Wyman Farm with the intention of a future connection going north. This property is the north end of the undeveloped land in this area. Half of lot 6 and much of lot 5 should be open space with a connection to Stable Rd. or the new road.
Edna Nye Trust/Mattson, Osgood Rd. - M/L 51/1 & 46/38 - lot line adjustment.
Commission Comments:
No Comment on this lot line adjustment. However we would like to be involved early on when Lot 51-1 goes through the subdivision process. This lot borders Hitchiner Town Forest for well over 7,000 feet.

REPORTS:

Fletcher Cap Committee - Rod reports that: GE has come up with their 33% plan, and after looking at their plan the Town has provided GE with information about where it would like the utility corridors to be. Utility corridors require an extra level of excavation and cleaning in order for them to be safe for people who work in those areas. This can add to the overall clean-up expense. The amount of excavation, and soil clean up that GE proposes is much less than the Town originally had asked for. This applies to the whole site and not just the utility corridors. GE is making some assumptions that the EPA will likely challenge. These assumptions lie in how the test well data is extrapolated. On site monitoring while excavation is going on could be a way to fully or partially address the matter. The Town doesn't want to pave over the entire area. The Town is proposing some areas to have walkways. A clay barrier, at this point seems to be feasible, but the question is how deep down will the clay barrier be placed. In areas where deeper excavation will be required some plantings could be done, as the clay barrier would be deep enough to allow for this. Other areas may be limited to just grass. It all depends on how this very slow process eventually resolves itself, and where and how much excavation actually gets done. In the end GE and the EPA have to have a meeting of the minds.
Kiosk for Rail Trail - A group of 9-10 yr old cub scouts with their leaders have offered to construct a kiosk at the Trailhead at DPW.

There being no further business to come before this meeting, the meeting was adjourned at 10:40pm.

The next regular meeting of the Conservation Commission is scheduled for Thursday, June 8, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

The meeting was called to order at 7:10p.

The only item on the agenda was the development on Boynton Hill, Mitchell Brook Development. At the Commission's May 11th meeting, Jay Heavisides answered questions that the Commission had at the previous presentation on April 13th. The May 11 meeting was adjourned at 11pm without the Commission discussing their opinion of the wetland and buffer impacts.

After discussing the project at this meeting Commission members agreed upon the following:

The MCC has made comments on the preliminary site plan. However, we request a review and further comment once the wildlife study is submitted, a Dredge and Fill application is completed and a storm water plan is presented. The members strongly recommend a Dredge and Fill application be completed before the Milford Zoning Board of Adjustment consider a special exception.

Summary: The Conservation Commission is opposed to the plan as presented. The property is environmentally an extremely sensitive area. MCC would be more agreeable to a cluster development without the extensive road system and wetland impacts.

Following are MCC's comments relative to the criteria for special exceptions to impact wetlands:

6.027 Criteria For Evaluation:
A) For all projects requiring a Special Exception the applicant shall demonstrate by plan or example that the following factors have been considered in their design:

The need for the proposed project;
The MCC is not against development of property, but in this case we believe there are alternative plans that would have significantly less impact to the environment, the wildlife and the water resources on the site and in the three town region. It is our initial impression that the developer has sought to maximize individual house lots without giving enough thought to other alternatives that cluster housing units more closely, such as condominiums.
The plan proposed is the alternative with the least impact to the wetlands, surface waters and/or their associated buffers;
The MCC is not convinced that the plan as presented is the alternative with the least impact. A previous preliminary plan, in the same area created by a different developer proposed an access road off of Wolfer Road. The grades along Wolfer Road are similar to those at the southern end of the project. Entering from Wolfer Road would avoid wetland crossings A, B, and C.
The proposed method of crossing the wetland "D" would disconnect the upstream and down stream sections of the brook. MCC recommends bridging for this location so the surface waters can retain their normal flow. Although this is not a wide crossing the recommended culvert does not allow for migration of any aquatic life.
MCC recommends no wetlands be included within houselots.
The impact on plants, fish, and wildlife;
MCC has not yet received the requested wildlife study for this site. We do not definitively know if it is supporting habitat for species of concern but there is a high probability that it is. There is regional concern for this property and adjacent properties to be preserved, as referenced in letters from Wilton, Mason, Brookline, and the Nashua River Watershed Association. The property is part of a 6,252 acre unfragmented habitat block shown on the "Coarse Filter Significant Wildlife Habitat BASE Map, prepared by the New Hampshire Fish & Game Department, August 17, 2004. It is also part of the area identified by the Trust for Public Land as targeted for protection in the "Squannacook and Nissitissit Subbasin Conservation Corridor". Significant unfragmented habitat is necessary for neotropical migrants such as warblers and thrushes. The area is also home to moose and bear which need large tracks of unfragmented habitat.
The impact on the quantity and/or quality of surface and ground water;
MCC would like to know the surficial material on the property and how deep it is. We have not seen the stormwater calculations. Based on information from the wetland delineation, comments from neighbors and data from DPW we surmise that there is currently minimal runoff from this property. If this is the case then the property may be a significant ground water / aquifer recharge site.
The plan as presented impacts 7,050 sq ft of wetlands and 27,990 sq ft of buffer. It will reduce the functionality of remaining wetlands on this property and adjacent properties. This effect is a concern for Great Brook, in that two streams on the property are headwaters for this brook. Also of concern is any negative impact to wetlands on SPNHF property, less than 1,500 ft. from the property line in Wilton. A relatively uncommon rhododendron swamp, is located within these wetlands.
In developing the site there is a high likelihood for blasting. Blasting can change flow by introducing new migration pathways for the groundwater. This can have a detrimental effect to wetlands and existing wells.
The potential to cause or increase flooding, erosion, or sedimentation;
MCC has not seen a storm water plan for this site. This property is extremely steep. If developed as depicted in the preliminary plan the potential to cause or increase flooding, erosion, and sedimentation is significant. The current flow at the entrance at Mile Slip Road is already a problem. Adding impervious surface (roads, houses) and high runoff ground covering (lawns) will greatly increase the potential for flooding and erosion. Again, MCC recommends a Dredge and Fill application be submitted and stormwater calculations be completed before the ZBA grants any exceptions.
The cumulative impact that would result if all parties owning, or abutting a portion of the affected wetland, wetland complex and/or buffer area were also permitted alterations to the wetland and buffer proportional to the extent of their property rights.
The house lots that have pieces of wetlands within their boundaries, are of concern to MCC. Once developed there will be no ability to control impact to the wetlands on these properties. We strongly recommend all house lots not include any wetlands.
MCC is also concerned that the 25 ft. buffer to the vernal pools is not adequate in size to support the species that use the pools and the surrounding uplands.
If all adjacent properties altered wetlands, the cumulative impact would eliminate the environment for the migrating birds and reduce the habitat area to the point where large mammals would not have enough space to exist.
The impact of the proposed project on the values and functions of the total wetland or wetland complex.
The property affects Great Brook, Mitchell Brook, Rhododendron Swamp, the Squannacook-Nissittissit watershed, and the Nashua River watershed. Again the current limited runoff from such steep slopes strongly suggests this property is a ground water / aquifer recharge area. The reduction of wetlands, change of ground water paths, and the increased run off from development will diminish the functionality of the wetlands on the site and adjacent properties.

From the
6.020 Wetland Conservation District (Amended 2003)
6.027 Criteria For Evaluation:

B) The Town of Milford shall place emphasis in preserving peatlands and marshes. This priority shall be based upon the rarity of those environments and the difficulty in restoration of the value and function of those environments.

MCC believes the Rhododendron Swamp in Wilton falls under the intent of this statement. The changes to the west side of the property could have a significant effect on the swamp.

The meeting was adjourned at 10pm.

The public meeting of the Milford Conservation Commission was called to order by Diane Fitzpatrick at 7:17 PM.

MINUTES:
Upon a motion made by Audrey and seconded by Wayne, the minutes of the May 11, 2006 meeting were accepted as presented. Vote was unanimous in favor of the motion.

Upon a motion made by Rod and seconded by Wayne the minutes of the May 18, 2006 were accepted with the following changes:
Replace 6.027 A 1. "The need for the proposed project" with:
The MCC is not against development of property, but in this case we believe there are alternative plans that would have significantly less impact to the environment, the wildlife and the water resources on the site and in the three-town region. It is our initial impression that the developer has sought to maximize individual house lots without giving enough thought to other alternatives that cluster housing units more closely, such as condominiums.

Replace first paragraph of 6. 027A2 "The plan proposed is the alternative with the least impact to the wetlands, surface waters and\or their associated buffers." with:
The MCC is not convinced that the plan as presented is the alternative with the least impact. A previous preliminary plan, in the same area created by a different developer proposed an access road off of Wolfer Road. The grades along Wolfer Road are similar to those at the southern end of the project. Entering from Wolfer Road would avoid wetland crossings A, B, and C.

In 6.02 7A4, second paragraph, change sentence:
The plan as presented greatly diminishes wetlands by 7,050 sq ft and impacts 27,990 of buffer. to
The plan as presented impacts 7,050 sq ft of wetlands and 27,990 sq ft of buffer.

In 6.027A 7 delete the word "definitely". The sentence now reads:
The reduction of wetlands, change of ground water paths, and the increased runoff from the development will diminish the functionality of the wetlands on the site and adjacent properties.

Vote was unanimous in favor of the motion to accept the minutes with the changes.

APPOINTMENTS:

Rick Muehlke, Land Programs and Outreach Assistant - Nashua River Watershed Association - discussion of NH Landowners' Incentive Program.
Rick handed a packet of information to the members. The first sheet describes the Targeted Watershed Grant that the Nashua River Watershed received from EPA in 2004. Rick explained that this grant's focus is to maintain the quality of surface and ground water considering the huge development pressure that exists in both Massachusetts and New Hampshire. When impervious surface is greater than 8%, water quality begins to drop dramatically. These two watersheds are now between 7 and 9%. This grant is to prevent degradation of water quality, to hopefully do something before things get bad.
Rick then went on to discuss the NH Landowner Incentive Program (LIP), which is a program that the Commission may be interested in looking into. He explained that New Hampshire has received funds for this program from the US Fish and Wildlife Service. The program is brand new. NH had received funding in the past for program development; this is the first time money has been received for implementation. The funding is not for recreation or water quality. It is for habitat. Rick stated that no where on the application does it say that that a wildlife biologist must certify that that threatened or endangered species exist; they are looking for a specific type of habitat, not the species.
Typical funding for this program is approximately $100k. It is for private land only, not for public owned property and is for conservation easement acquisition and associated costs. Funds cannot be used for fee acquisition. The land on which the easement would be acquired must be privately owned and remain privately owned. (Non-profit is ok also.) The application asks who the ultimate holder of the easement would be. The easements must be to federal standards.
Although the May deadline has passed for application, there may be more opportunities this fall or next spring to apply for a grant. The application is done in two phases. The first phase is a fairly simple application. Applicants notified of preliminary awards would be asked to submit additional information.
Audrey asked if this program could be done in combination with the Trust for Public Lands' grant from Forest Legacy. Rick answered that he will look into this, but that normally you cannot combine federal funds with federal funds. He thought that maybe you could protect abutting parcels on one program with anther. He will look into in what way these two programs could combine.
The Commission members will think about what properties in town may be appropriate for this program and come up with some suggestions.
Nick Devine, Troop 407 Eagle Scout candidate. Nick presented his Eagle Scout Project Proposal to the group. He plans to construct an approximately 1-mile long hiking trail in Mile Slip Town Forest. It will be called the Mitchell Brook Trail. Diane, Chris and Rita have flagged the trail that will leave the north side of the parking lot, travel south partly along Mitchell Brook and end approximately � mile down Mile Slip Rd. Nick also plans to construct two benches and three signs along the trail. He will raise the funds to cover costs and plans to begin in June and finish in August.
Audrey made a motion to support Nick's Eagle Scout project as presented. Mark seconded the motion and the vote was unanimous in favor. Diane signed his proposal as a representative of the community. She mentioned that the flagging for the trail is a general suggestion only. Nick can make changes to the trail location if he feels it is necessary. Members expressed gratitude for the very impressive proposal to do this project.

UNFINISHED BUSINESS:

Mayflower Town Forest - report, discussion from site walk of March 26. This item was not addressed at this meeting.

NEW BUSINESS:

McLane Dam Land - Rita told the group that Dawn Griska, Selectmen's Secretary, had come to the office to talk about this property. She is an abutter. She asked if the Conservation Commission would be interested in having the property designated as conservation land and if so, would it have to be subdivided. DPW currently uses the southern part to store materials. She asked if there are any plans for accessibility for folks who are unwilling or unable to scale down the steep bank. She also mentioned that ATV's ride on the property and cause damage to the embankment. She suggested the canal be reopened and wonders if changing an area of woodland to waterway would be of ecological benefit. She also asked what the abutters are allowed to do to gain access to the property. Are bridges over the canal acceptable? She is concerned with the prevalent use of the land as a dumping/brush pile burning location. She feels that she would be able to get neighborhood help for a clean up for the area if one was scheduled.
Members discussed the issue. Diane told the group that in 2002 a volunteer had discussed obtaining a Land and Water Conservation Fund (LWCF) grant to create a handicapped accessible trail to the area in 2002. A landscape architect had offered to do a plan and possibly provide volunteers. A survey was done at that time and is in the office. Unfortunately, the original volunteer never continued with the work to apply for a grant. Diane also stated that DPW would probably not use the site for storage after the BROX property is available for them to use. How to keep ATV's out was also discussed. Perhaps making narrow switchbacks in the trail would be a way.
Members agreed to support asking for designation of the property as conservation land and looking further into possibilities for trail work. Handicap accessibility and erosion controls should be part of a plan, along with measures to keep ATV's out of the area. ATV's should not be that close to the river. A proposal would be written to the Board of Selectmen asking for management of the property and stating what Conservation would want to do and why. In discussions years ago, Pierce Rigrod had pointed out that this is a good area to develop for trails, because it is close to the center of town and would be used by many residents. Members decided that they would like to look further into the issue and set a site walk. They will meet on Middle St. on Thursday, June 15th at 6:00 PM.
Community Character chapter, Master Plan Update 2006 - This item was not addressed at the meeting. Members are asked to review the chapter and send comments to the office.
State Nursery Catalog - Members were notified that this catalog is available in the fall if they feel they would like to do plantings in town. Audrey said that the catalog is also available on-line.
The Conservation Commission Picnic - Sunday, July 30 . Rita will send out invitations next week.

OTHER BUSINESS:

David Miccithe, a resident of Amherst, stopped in the meeting to introduce himself as a candidate for the State House, for District 6, of which Milford is a part. David stated that the environment and conservation are key issues for him. He has for a long time supported the Sierra Club, the Granite State Conservation Voters' Association and Beaver Brook. He believes that the current legislature representing this district has been less than satisfactory with regards to voting on conservation issues. He feels they favor short-term economic issues over long-term environmental concerns. He stated that he would be proactive on issues of environment and conservation. Voting records of our legislators can be viewed on the Granite State Conservation Voter's guide, www.voteconservation.org.
David also stated that he has two benches from his garden that he would be willing to donate to the Commission for Nick Devine's Eagle Project. As part of his Eagle Scout project, Nick must raise funds himself and do the construction himself.
Fishing Area at Fletcher Paint site - Members felt that it would be more appropriate to accept the benches offered by David Miccithe and use them for Mark Turner's project behind the Fletcher Paint superfund site. Mark plans to create an area accessible to the public for fishing and picnicking on the Souhegan. This area is on the state-owned superfund site on Elm St. The clean up site is fenced in. There is a gravel parking area outside the fence, next to the OK Tools property, and a grassy area along the river. DES has asked the town to utilize that area as public space along the river.

Non-Public Session: Land Issue
Upon a motion made by Wayne and seconded by Audrey the members went into non-public session at 9:45 to discuss a land issue. Vote was unanimous in favor of the motion.

At 10:15, Audrey moved to go out of non-public session. Wayne seconded the motion and the vote was unanimous in favor.

INTERDEPARTMENTAL REVIEW:

Infanti Self Storage - M/L 8/54-1 - Site plan for self storage units.
Commission Comments:
Concern with pavement being located in the buffer was addressed by decreasing size of units on the south side of the site.
Was any provision made to maintain the ponding that exists upstream of the drive? A suggestion was made on Sept. 17, 2002 to construct two culverts, one above the other in order to recreate the current water flow which goes first through the existing culvert and secondly over the drive.
Scott Brown - Curtis Commons, Union St - M/L 42/37 and 42/37-9. - 30 lot subdivision
Commission Comments : If an open space plan is required, we would like to review it.
Holder, Knight St. - M/L 39/66-1
Commission Comments: No Comment
NEA Realty/Lorden - M/L 43/55, 56 - Lot line adjustment.
Commission Comments: No comment
Badger Hill Phase IV - M/L 51/26 - Lot line adjustment.
Commission Comments: # of acres open space when first approved?
# of acres open space presently?

REPORTS:

Old Farm Links Golf Course - Diane informed the group that the D&F application to construct 8 bridges across Tucker Brook needs to be resubmitted by the golf course owners. They had needed to provide additional information to the state within a time frame that has expired. They will probably appear before the Commission with a new application for the bridges. The riverbank stabilization has been approved and completed. The owners are also applying to the town for a discretionary easement, which will allow them to be taxed on the land under current use. As part of that application, they must demonstrate that there is public benefit; they mentioned a river trail that will need to be in place. The Local Advisory Committee has also asked the state to require a management plan for the riverbank to have it vegetated to avoid erosion in the future. The Commission does not know whether or not the state has made this requirement.
Boynton Hill Subdivision - Diane told the group that the wildlife study has been completed for this project. Jay Heavisides will be sending the report to the town after Attorney Prolman has written a cover letter. Conservation has also asked for a report from a Fish and Game biologist.

There being no further business to come before this meeting, the meeting was adjourned at 10:20pm.

The next regular meeting of the Conservation Commission is scheduled for Thursday, July 13, 2006 at 7 PM, in the Board of Selectmen's Meeting Room in the Town Hall.

Submitted by Rita Carroll