1. MINUTES: On motion made by Bill Parker and seconded by Bob McEttrick, it was voted unanimously to accept the Minutes of the December 13, 1990 meeting as presented, with the correction that Bob McEttrick's name be added to the list of members present at that meeting. This name was erroneously omitted.
   
   
2. HITCHINER TOWN FOREST: Lorraine advised the members that whereas a total of $1,600.00 had been authorized to be spent on the cleaning up of the brush along the stone walls in the two fields, the work had taken considerably longer than anticipated, and an invoice in the amount of $2193.00 had been received from Trees Are Us. She reported having made an inspection of the work done, and felt very satisfied. Trees Are Us had not only cleaned out the encroaching brush, but had saved good trees growing in this strip, and the end product gave a good look to the edge of the fields. When she received the invoice for the higher amount, Lorraine talked both to Bill Kucharski, owner of Trees Are Us, and to Russ Monbleau. He authorized payment of the higher amount. This was made out of the Accumulating Fund to be reimbursed on January 21 1991 by the Town Forest Fund when its certificate of deposit matures.
   
   
3. SOUHEGAN RIVER TRAIL: Margaret reported she had received a run-around in her attempts to obtain bridge building information and costs from the AMC, and to date did not have any information. Lorraine reported she had had a response from the Stowe, Vermont, Recreation Trail Committee, and had then contacted the bridge manufacturer. Brochures were received and the members were impressed with the looks of the bridges. Relative to a cost estimate bridges of the nature as would be needed to span the Souhegan River amount to $15,5000 to $20,000. Two would be needed, and it was suggested that when the time comes, a fund drive be started for the cost. The price range includes delivered on site, but not installed. Relative to crossing the Fish and Game Dept. land with the trail, Lorraine reported having received a response from that Dept. which supported the trail system. The letter did point out that hunting and trapping are allowed on the State owned lands (it also exists on other private lands involved in the trail system), and suggested that the trail be closed during hunting season and that pets should not be permitted on the trail. Fish and Game Dept. reserve the right to be involved in design, construction and clearing needed in the building of the trail over its lands. Relative to a conservation easement on a subdivision plan for land owned by Stanley Trombley and which houses the Souhegan Aquaculture, Lorraine reported that Mark had met with Mr. Trombley and had received a list of concerns he had, which also pertain to other lands he owns and which would be crossed by the trail system. Lorraine suggested that it might be better if the Commission meets with Mr. Trombley and/or all the property owners involved in this. After a discussion of this suggestion, the members asked Lorraine to ask Hub Seward to prepare for the January 10 meeting a synopsis of the trail, its progress to date, a list of property owners involved, and then a decision will be made as to the meeting with those owners. For that meeting, Lorraine will prepare a map to be hung on the wall.
   
   
4. TUCKER BROOK TOWN FOREST ENTRANCE: Lorraine reported making several unsuccessful attempts to reach Harold Webster for a progress report. She had not yet received an invoice for the work, and so it was assumed he had not done it yet. She will continue to try to reach him.
   
   
5. MAYFLOWER HILL TOWN FOREST: Lorraine reported that on December 4 1990, she had met with Atty. Carol Rolf relative to the violations taking place, and as agreed, Carol will write to all the Shady Lane abutters advising them of the existence of the Conservation Land Ordinance. She will write a special letter to O'Connor who had violated the Ordinance the most. It was not known at this time if these letters had been sent. This visit to Town Counsel was authorized by the Board of Selectmen who had referred the Commission's request for enforcement of the Ordinance to Carol.
   
   
6. CONSERVATION LAND ORDINANCE AMENDMENT: Lorraine presented the draft she had prepared as an amendment to Section 3 - 1 Prohibited Conduct in order to take care of dead wood on Town Conservation Lands. The draft submitted was as follows: Add Section e: Destroy or remove any standing or fallen dead wood except if the standing wood poses a danger to human life, and then only with the authorization of the Milford Conservation Commission. Except fallen dead wood of a diameter less than l-2 inches which may be used for camp fires provided a Special Purpose Permit has been obtained from the Milford Conservation Commission prior thereto. And except for forestry management practices specifically authorized by the Milford Conservation Commission. After discussion, Bob McEttrick put a motion on the floor, it was seconded by Bill Parker and voted unanimously in favor of the motion, that the draft as presented, be presented to the Board of Selectmen for enactment, together with a letter detailing the rationale behind the request. Lorraine was asked to take care of this matter.
   
   
7. FALCONER AVENUE EXTENSION: At her December 4 1990 meeting with Atty. Carol Rolf, Lorraine reported also having discussed this paper street and the trash and debris placed thereon by William Crawford. The request to Carol was to send a letter to Mr. Crawford requesting him to remove the mess and thus make this entrance way to the Mayflower Hill Town Forest better available to the public. Carol had explained that because this paper street was created in a 1964 subdivision plan but had not been accepted by the Town as a street in more than 20 years, by State law the land involved reverts to the ownership of the abutting properties. Therefore, the Town has no legal right to request Mr. Crawford to remove the mess. She said, however, that she would send him a letter anyway. In further discussion of this paper street, Carol put forward the suggestion that seeing Mr. Crawford had not proceeded with quieting title, that the Conservation Commission begin court action. Carol added that the initial cost would be about $300 to $400, and that it would take 3 to 4 years for the Court to take action. At that time additional costs would have to be paid to the court for its time etc. After discussion, Bill Parker put a motion on the floor which was seconded by Bob McEttrick and voted unanimously in favor of the motion, that Atty. Carol Rolf be requested to begin the procedure to quiet title to this paper street. Relative to Hub's proposal of a land swap in this vicinity with Crawford, it was decided to table this until the title has been quieted.
   
   
8. PUBLIC SERVICE CO. DREDGE AND FILL: Lorraine reported having received a notice from NHACC that a permit had been issued to Public Service to work in wetlands to erect two utility poles. Having no record of this Dredge and Fill application, she contacted the Town Clerk. He had no record of having received it. Lorraine then wrote to the Wetlands Board requesting a copy of the application, and upon receipt found it had the Town Clerk's signa- ture. Because the map and lot numbers on the application were incorrect, Lorraine could not locate where the work had been done, and so called Public Service. From this she learned that the work had been done on Town owned land at the location where Union Street joins the Route 13 South. She also supplied the Town Clerk with a copy of the signed application. What happened to the original application, which filed with the Town Clerk on September 21 1990. is unknown. The permit was issued by the State on November 13 1990, and it is assumed the work has already been done. Though this situation was no fault of the Wetlands Board, Lorraine sent a letter to Dr. Kettenring giving him the details, and stressing the fact that the Commission always responds to applications and that if there is no response from Milford, something is wrong. In reply, a very nice letter was received from Dr. Kettenring, stating he would supply copies of the Commission's letter to all Board members and others involved in the review process, advising them of the fact that input from this Commission is always provided and when not available, that input should be sought because something is wrong. Lorraine stated she had not had the time to do an on site inspection of this location, but Margaret said she would as she passes the site daily.
   
   
9. DANA LORDEN CONSERVATION EASEMENT/KASEY DRIVE: Lorraine reported that while working on the Commission's filed in the Town Hall and bringing them into better order, she came across an unsigned unrecorded deed from Dana Lorden to the Town relative to a conservation easement on two abutting properties in the Kasey Drive subdivision which was done in 1986. Questions to Mark Fougere about this were to no avail as Mark knew nothing about it, but it was established that the conservation easement is recorded on the sub- division plan which is registered with the Registry of Deeds. In further investigations of this case, Lorraine learned that the two lots are now owned by two different individuals and Dana Lorden is no longer involved. She also found that this conservation easement is mentioned in the current deeds to these two lots. The Conservation Easement is along Birch Brook to a width of 25 feet on either side of said brook. In Dana Lorden's deed, one of the two lots involved is given the right to cross Birch Brook wetland area with motor vehicles. This lot is divided in two almost equal parts by the brook, with the buildings being on the road side of the lot. This vrovision concerned the members and the desire was expressed to exclude this condition. It is not known if either of the current property owners have ever read this easement deed, and it is also not known if at this point in time, the wording of this deed can be changed. To bring this matter to a close, Lorraine explained it would mean contact-ing both current property owners, rewriting the easement deed, and also rewriting both property owners' deeds. Both those deeds contain space for the book and page number of the recorded easement deed, but of course these spaces are blank. She also explained that this area is not accessible to the public in any way, but that it does provide some measure of protection along Birch Brook. In light of the fact it is the policy of the Commission not to miss an opportunity to protect brooks and streams in Town, Lorraine suggested the members give consideration to bringing this matter to a close by doing the work necessary on the various deeds. After discussion, Lorraine was asked to take a look at this easement area. It was found from the subdivision plan that Elizabeth Blacklock (a Super-visor of the Checklist) lives on property abutting the lots in quesiton, and Lorraine will contact Elizabeth to ask permission to view the area from her property as opposed to getting the current lot owners involved at this point in time.
   
   
10. OAKLAND HEIGHTS/MARY CONTI/OAKLAND DRIVE SUBDIVISION: Lorraine reported that the Dredge and Fill application for this had been filed and she had sent the concerns etc. of the Commission to the wetlands Board. For the sake of the record, Lorraine advised the members that this subdivision is now being undertaken by Brockman Associates of Amherst.
    
    
11. CARL CHAPPEL/WETLND VIOLATION: Lorraine reported that on December 17 1990 Mr., Chappell had called her to adivse that the Wetlands Board had made an on site inspection of his pond and were happy with what was done and what was proposed. The Wetlands Board will now be returning to Mr. Chappell the application he submitted in June 1990 without having filed it with the Town Clerk first. (The application is without the Town Clerk's signature). Once he receives this, he will proceed with the correct protocol, and once the Commission receives its copy, a letter will be sent to the Wetlands Board. Though Mr. Chappell owes the State a filing fee in the amount of $340.00, it is not known if he is to be fined for the illegal work in a wetland.
    
    
12. LAND IIFORMATION KIT: Margaret submitted a draft of a re-write of the letter to be sent to out-of-state property owners which she had prepared. The members felt this gave a better impression of the objective of the program and made the decision to have Lorraine prepare this letter as opposed to the previously prepared letter by Janet. Lorraine will have this ready for the next meeting. She also handed out the typed envelopes etc. to the members present, as well as brochures received from the National Wildlife Federation on their land program. These are to be included in the Kits. Lorraine also reviewed with members present several errors, omissions and duplications she had found in the address lists. This issue will be continued at the January 10 meeting when it is hoped all members will be present.
    
    
13. GRANITE STATE CONCRETE: Lorraine reported that in reading the Planning Board meeting minutes of November 20 1990, she found that that Board had expressed concerns regarding the wetlands on site. She spoke to Mark about this, and on December 20 1990 Lorraine, Mark, John Ferguson as County Forester, and Peter Leishman representing Granite State Concrete, met at the site off Elm Street to review the situation. It was found that a considerable amount of "muck" from the siltation ponds had been placed beside the ponds and adjacent to a wetland surrounding Tucker Brook, which wetland is currently being extended by beavers. This muck had the potential of polluting the wetlands, and indeed recently a muck embankment had given way and siltation of the wetland had occurred. Peter expressed willingness to do whatever the Commission felt was needed to better this area, prevent siltation of the wetlands, and generally make the area more attractive to wildlife. As a result of discussions among those present at this on site, the following agreement was made: that the area of "muck" would be graded and sloped away from the wetland and towards the adjacent settling ponds; that a barrier would be created along the wetland where previously water collecting on the muck had broken through the banking and caused siltation of the wetland beyond; that the area of muck would be covered with a layer of Wastewater Treatment Plant composting materials per the recommendations of John Ferguson; and that Autumn Olives and/or any other vegetation as recommended by John Ferguson, and in quantities he recommends, would be planted in the spring of 1991. Peter requested these conditions be put in writing, and this Lorraine did.
    
    
14. ROBERT SAVAGE WETLAND: During the time of the above described on site inspection, Peter pointed out that part of the large wetland area lying between the muck area and Elm Street was owned by Robert Savage. This used to be farm land, but the beavers have turned it into a valuable wetland. He suggested that Mr. Savage be approached on the subject of donating this land to the Conservation Commission for relief of property tax involved. Lorraine reported that Peter also indicated that Granite State Concrete may be interested in making a similar donation of their portion of this wetland to the Town. The members were very interested in pursuing this issue with Mr. Savage and Granite State Concrete, and asked Lorraine to proceed with contacting Mr. Savage.
    
    
15. EARTH DAY 1991: Margaret put forward the suggestion that an "open house" of the Hitchiner Town Forest be organized and included in activities for Earth Day 1991. She suggested a guided walk of the property be part of the event. The members were in agreement with this, and Margaret will be in touch with Joanne Turner, Chairman of the Earth Day Committee, to see what plans are afoot for next April.
    
    
16. NICHOLAS DADOLY LAND GIFT: Lorraine reported that in today's mail she had received a copy of the recorded deed and an invoice in the amount of $374.25 legal fees from Atty. John Bielagus relative to the Dadoly land gift . This amount, by agreement with Mr. Dadoly, was payable by the Commission. As part of that agreement, the $2,000.00 paid by Mr. Dadoly for the appraisal was also the Commission's responsibility. In addition property taxes paid by Mr. Dadoly on this land was due to be refunded. Lorraine spoke to Lee Mayhew, and the process of the property tax refund is being undertaken and to go before the Selectmen on January 7 1991. Also required of the Selectmen on that date is acceptance of this land gift. Atty. Bielagus also required some housekeeping items attended to, and Lorraine will ensure this is done. On motion made by Bob McEttrick and seconded by Bill Parker and voted unanimously in favor of the motion, Lorraine was authorized to make payment to Mr. Dadoly in the amount of $2000.00 for the appraisal, and to Atty. Bielagus in the amount of $374.25 for legal services. These payments to be made from the Accumulative Fund. Lorraine will also ensure that a copy of the deed goes to the Town Clerk for his files. The land gift is situated on Federal Hill and includes a portion of Fox Run Road known as Map 53 Lot 00, plus land on Map 53, the lots being 72 through 79 inclusive and lots 81 and 82.
    
    
17. BUFFER ZONE/PLANNING BOARD: The Commission received a memo from Norm Erikson of the Planning Board relative to the desire of that Board to eliminate the Buffer Zone in the immediate down town area and around Railroad Pond. This involves a 50 foot buffer zone. The Planning Board feels that because of the already extensively built up condition of this area that this requirement is over-regulatory, it requiring property owners to go before the Commission and the Board of Adjustment for any activity planned or proposed within the 50 feet. The Planning Board also feels that the rationale behind the buffer zone, which they support, does not apply in this densely developed area. They requested the response of the Commission. The immediate response of the members was in the negative. Concerns expressed included possible future businesses etc. being located in this area which could have a potential for causing problems relative to the wetlands involved. The members cited two existing gas stations and a paint manufacturing business all of which abut the Souhegan River in the down town area. It was decided before taking any action on this memo, that Margaret would call Norm Erikson for further information. The issue will be discussed again at the January 10 meeting.

Meeting Minutes of January 10, 1991

Present:
Present: Margaret Pratt, Chairman
Russell Monbleau, Vice Chairman
Bill Parker, Bob McEttrick, Janet Piche, Hub Seward, John Ferguson Alternate
Lorraine Carson, Secretary

1. MINUTES: The Minutes of the last Meeting of the Conservation, namely those of January 3, 1991 were not reviewed or accepted at this meeting, due to the fact that members only received copies at this meeting. These Minutes will be accepted at the February 14, 1991 meeting.
   
   
2. OFFICE HOURS IN TOWN HALL: Margaret reported on the meeting she and Lorraine had with the Selectmen on January 7 1991 relative to the Commission being available in the Town Hall for the benefit of the public during specific hours. At that meeting, Margaret advised the Selectmen of the current situation, namely that Lorraine is available 7 days a week by telephone, her home phone being that of the Commission; that when she was not at home, her answering machine was on and calls received were returned; that because of the work load, Lorraine spends 4 to 6 hours per week in the Town Hall; that the current system appeared to be working very well. She advised the Board that should it desire set hours in the Town Hall that it be on a trial basis to see how many people used it. Lorraine advised the Selectmen that when the public wish to reach the Commission, they usually wanted to reach it now, and would not appreciate being told that the Commission was available during certain hours only. Margaret told the members that the Selectmen could not recall who suggested the idea of hours in the Town Hall, and when they heard the details of the current arrangements, they agreed this seemed adequate, stating that no complaints had been received about the accessibility of the Commission. However, Mr. Ruonala stated he wished the Commission to have set hours in the Town Hall, with Lorraine being available for a two hour period on any particular day. It was also pointed out that there is no telephone in the Commission's room in the basement, and Lee Mayhew was asked to organize one being put in. Once the phone is installed, this public hours idea is to go into effect, with a notice being published detailing same, and is to run until Town Meeting. Lorraine will keep track of any public contact received during these hours. After discussion of the public hours, Bill Parker put a motion on the floor and it was seconded by Bob McEttrick and voted unanimously in favor of the motion that Lorraine would be available Tuesdays 10a.m. to noon, and another member of the Commission would be available from 7p.m. to 9p.m. on Monday nights from the time the telephone is installed until Town Meeting, and once the required notice is published.
   
   
3. HARLAN BURNS/TUCKER BROOK TOWN FOREST LAND: Bill Burns met with the Comm- ission to request copies of certain pages from the second appraisal on property he recently sold to the Town, and which forms part of the Tucker Brook Town Forest. He needed this information for income tax purposes. Lorraine will copy the pages for him and send them in the mail. He also stated that he had met with John Ferguson, County Forester review 6 or 8 trees on the property which he wished to cut, timber harvesting being part of the sale agreement. He wished to know how the Commission would like him to enter and remove these trees to create the least impact on the land. After discussion of the tree cutting, Russ put a motion on the floor and it was seconded by Janet and voted unanimously in favor of the motion that access would be at the discretion of John Ferguson and Bill Burns.
   
   
4. TUCKER BROOK TOWN FOREST: Lorraine reported she had finally reached Harold Webster regarding the proposed clean-up work he is to do at the Boulder Drive entrance way. Harold had been tied up with other jobs and had not gotten to this. With the deep frost and a heavy snow storm due over the coming weekend, he felt it would be better left until spring. Lorraine will keep in touch with him on this issue, and will report back when the work has been done.
   
   
5. DOWNTOWN BUFFER ZONE/PLANNING BOARD: The members reviewed a memo from the Planning Board regarding their proposal that the 50 foot Buffer Zone along the Souhegan River and Railroad Pond in the immediate downtown area be eliminated. The members were not in favor of this proposal. Lorraine advised them that earlier today she had talked with Norm Erikson who advised her that after members of the Planning Board had reviewed the areas in question, they were no longer in favor of this elimination either. After a brief discussion, Bob McEttrick put a motion on the floor and it was seconded by Bill Parker and voted unanimously in favor of the motion, to advise the Planning Board that the Commission did not agree with elimination of the 50 foot Buffer Zone in the downtown area because elimination would not be in keeping with the spirit and intent of the Wetlands Ordinance. Lorraine will advise the Planning Board of this decision in writing.
   
   
6. WHEELER SEPTIC SYSTEM: Lorraine reported that due to the heavy workload of matters that had to be completed by certain dates, she had not had the chance to take the water samples for Celeste to test.
   
   
7. RUSSELL KINCAID: Lorraine reported having received a telephone call from Russ Kincaid at home during December relative to work in a wetland. He owns property on Savage Road, and wished to culvert an intermittent stream for a driveway crossing. On the phone Lorraine advised him of the process at the end of which Mr. Kincaid stated that the area was most likely not a wetland. From Kevin Lynch, Building Inspector, Lorraine learned that Kevin had found, during an on site inspection, that Mr. Kincaid had already put in the culvert. Lorraine sent Mr. Kincaid a copy of the Commission's guidelines for work in wetlands, but had not heard further from him. Again because of current workload, she had not had the time to pursue the matter but advised the members that Kevin was keeping track of it and reporting to her. She will attempt to take care of this issue within the next week or so.
   
   
8. S.P.N.H.F. DUES AND MAP: On motion made by Janet and seconded by Hub, it was voted unanimously to authorize Lorraine to request payment in the amount of $26.00 for the annual dues to the Society plus an amount of $2.95 for a copy of the latest map of the Society's lands, same to be kept in the Commission's files for reference.
   
   
9. DEVINE LAND ABUTTING TUCKER BROOK TOWN FOREST: As part of the Curtis/ LCIP deal the Commission attempted to arrange, Russ had had contact with Mr. Devine relative to approximately 40 or more acres he owns which abuts The Tucker Brook Town Forest. At that time, the land was appraised. The Curtis/LCIP deal failed, but Russ had talked further to Mr. Devine in an attempt to acquire this land. At one point, Mr. Devine was only interested in selling at the appraised value, which was high. In later talks with him, Russ suggested he build his own house on a small portion of the land which is something Mr. Devine would like to do, and that he enter into a conservation easement with the Town for the balance. This was an idea Mr. Devine found attractive, and Russ will pursue it with him.
   
   
10. EDUCATIONAL WORKSHOPS AT BEAVER BROOK: Lorraine reported having received information on these workshops which will include a session on gravel operations. With this notice came a request from Jonathan Nute, County Extension Forester, requesting copies of each town's current gravel ordinance. Mr. Nute plans to take the best of each, put it all together and have the final product available for overview at this workshop. Lorraine immediately obtained a copy of Milford's gravel ordinance and sent it to Mr. Nute. Relative to the workshops available and the dates, the schedule is provided in these Minutes in order that the members may decide which workshops they wish to attend., Members are to notify Lorraine as soon as possible As to which lectures they wish to attend. The schedule follows:

    March 18	Gravel excavation in your town - what are the regulations?
    March 25	Wetland Values presented by Frank Mitchell
    April I	Aquifers and Groundwater by Peter Stekl
    April 8	An evaluation of groundwater protection - local regulatory options with Susan Glen
    April 15	The cost of development, reviewed through the computer model designed by Dr. Stephen Turner
    April 22	Traditional Zoning Laws - what will they do to your town? by Jack Lutz.

    The cost of the lectures is $35.00 for the series and $8.00 per session. All lectures are to be held at Beaver Brook in Hollis from 7.30p.m. to 9p.m. on each date. Deadline for registration is March 6 1991.
    
    
11. THE PLUS COMPANY/WETLANDS/TONELLA ROAD: Lorraine provided the following information on this case for the members: that the Plus Company, located on Nashua Street, has created a paved parking lot off that street; that the Company wishes to extend this parking lot at a later date, probably in spring, at the back of their building, accessed off Tonella Road; that on November 20 1990, she and Mark Fougere did an on site inspection of the area off Tonella Road; that there is a wetland in this area which would be involved in the parking lot extension; that this is a remaining wetland after much interference over many years with development in the adjacent area; that during the on site inspection, Lorraine observed a considerable amount of use of the remaining wetland by wildlife; that at the time of the on site, there was water underfoot adjacent to the brush on the edge of the main wetland which would be included in the parking lot extension. Minutes of Public Meeting January 10 1991 Page 4 MCC The members agrees to review the area in question themselves in order to be prepared when the case comes before the Commission.
    
    
12. NICHOLAS DADOLY LAND GIFT: Lorraine reported she had received a letter from Atty. John Bielagus together with a copy of the recorded deed and an invoice for his services in the amount of $374.25. In accordance with the agreement with Mr. Dadoly, she had paid this amount to Mr. Bielagus. Also in accordance with the agreement, she had paid the amount of $2,000 to Mr. Dadoly as reimbursement to him for his payment of the appraisal. All these payments were sent with letters with copies to the two parties. In her letter to Mr. Dadoly, she had expressed the deep appreciation of the Commission for this most generous gift of land. The final portion of the agreement is that the property taxes paid by Mr. Dadoly on this property will be refunded by the Tax Collector, this issue to go before the Selectmen at their January 7 1991 meeting. Lorraine will pursue this and ensure the refund is made for the sake of the Commission's records. Once the Minutes of that meeting are available with a record of the Selectmen's acceptance of this gift, she will so advise Mr. Dadoly. Lorraine reported that the above two payments were made from the Commission's Accumulating Fund, that being the only readily available funds. She asked the members if this is where the payment should remain or if they wished it to be made from the Land Fund. Janet put a motion on the floor and it was seconded by Bob McEttrick and voted unanimously in favor of the motion that payment be out of the Accumulating Fund balance.
    
    
13. CURTIS/LCIP: To close this file, Russ gave a summary of the final outcome as follows: that Tom Curtis wanted more for the land than the appraised value; that the other land pieces the Commission had hoped to put together for the Curtis application to LCIP just did not fall into place in a timely fashion; that LCIP did not have sufficient funds and neither did the Town to purchase this property direct from Tom. Russ did talk to Tom regarding the final outcome, and the arrangement is that should LCIP have more funds available in the future, the Commission will again be in touch with Tom.
    
    
14. DAVE ANDREWS, ALTERNATE: Because Dave had not been to any meetings for awhile and because work was still needed on the drainage regulations, Lorraine gave him a call. Dave explained that he had recently gotten promotion which meant he was out of State at least three days a week, those being the middle of the week days which precluded him every being likely to attend Commission meetings, and he felt as a result that he should resign as an alternate. However, Dave offered his services to whatever extent his job permits, with particular emphasis on working on a project for the Commission which could be done "in a hotel room at night". He therefore offered to rework the drainage regulations if we provide him with the necessary paperwork. The Members asked that Dave submit his resignation in writing, and that Lorraine talk to Mark relative to paperwork Dave needs for the drainage regulations.
    
    
15. DRAINAGE REGULATIONS: As detailed in item #14, Lorraine will prepare the paperwork for Dave Andrews.
    
    
16. FALCONER AVE. EXT./QUIETING TITLE: Lorraine advised the members that when she was preparing the Minutes of the January 3 1991 Meeting, it occurred to her that, though the Commission wished to proceed with quieting the title to this roadway, it was not the jurisdiction of the Commission but rather that of the Board of Selectmen. She called Margaret on this, and as a result sent a letter to the Selectmen advising them of this desire, the reasons why, and requesting permission to proceed. In that letter it was also indicated to the Selectmen that the Commission would perform all the needed work and would bare any and all costs. As soon as Lorraine receives a response from the Selectmen, she will proceed.
    
    
17. PUBLIC SERVICE CO./DREDGE AND FILL: Margaret was to have inspected this site at the corner of Union Street and Route 13 South, but had not had the opportunity. She will do this and report at the next meeting.
    
    
18. LAND INFORMATION KIT: Additional paperwork was handed out to the members who were not present at the January 3 meeting, together with address change information. Lorraine advised the members that in the process of checking into various cases which had not been heard from in some time, she called John Sennott regarding the status of the proposed industrial development on property owned by Hillsborough Mills on Dram Cup Hill. John advised her that none of the family members were in the area any more and that the plans had somewhat ended up on the back burner. He stated that the only remaining member taking care of the Trust was Ms. Lawton who now resides in South Carolina. Because of this information, Lorraine suggested. this individual be contacted in the hope this land could be secured as open space. The members agreed, and asked her to be in touch with Ms. Lawton. It was agreed, because of the value of this property, that Ms. Lawton be sent a copy of the "Preserving Family Lands".
    
    
19. MEMBERS: Russ presented a copy of his letter or resignation to the Selectmen, in which he advised them he would not seek reappointment for another term.
    
    Janet Piche had also indicated she would not be seeking reappointment, and Margaret indicated she had had communications with Celeste who, because of her employment and family, found she did not have enough time and was considering resigning from the Commission. In addition, Dave Andrews, an alternate, was also resigning, because of work load. The Commission will therefore loose three full members and one alternate. It was suggested that in advance of Town Meeting a notice be put into the Cabinet requesting any interested parties to contact the Commission. Janet will draft this notice for review at the February 14 meeting.
    
    
20. EARTH DAY 1991: Margaret reported having talked to Joanne Turner of this Committee relative to the Commission's offer of an "open house" on the Town Forest lands, and Joanne would be delighted to have this included in the Earth Day activities. This year, Earth Day will be held April 21 and the current plans are to offer information on energy savings around the home etc., rather than to organize as many different activities as was done last year.
    
    
21. BUDGET, FINANCIALS, REPORT FOR TOWN REPORT: Russ presented a copy of the report he had submitted for inclusion in the Town Report. Lorraine provided the members with copies of the financial statement she had presented for the Town Report, and copies of back-up financial information. At the end of 1990, an amount of $915.69 was left in the Operating Fund as unex- pended for the year. Lorraine had requested a check from the Accounting Dept. for this amount which will be deposited into the Accumulating Fund. The Commission is scheduled to meet with the Budget Committee on Monday, January 14 at 6.45p.m. Because Margaret is unable to attend due to her job, Russ will meet with the Budget Committee.
    
    
22. CARL CHAPPELL: Lorraine reported that to date, Carl still had not refiled the Dredge and Fill application with the Town Clerk. She had attempted to reach him for an update several times, unsuccessfully.
    
    
23. AGENDA ITEMS: The members discussed the length of the agenda for meetings and the fact that many items are on-going with little to report at a meeting. It was decided that in future these items will be removed from the agenda, and that Lorraine would report only when action had taken place. She will develop a tickler file for such items so that they can be kept track of, and not be lost in the cracks.
    
    
24. EMERSON PARK: Lorraine presented Margaret, as a member of this committee, with a copy of the Park's financial statement for 1990. A copy will be sent to Hazel Burns as the third member of the committee.
    
    
25. RESOURCE FILE: Janet Piche put a motion on the floor and it was seconded by Hub Seward and voted unanimously in the affirmative that a Resource File be established into which names of individuals who have knowledge needed by the Commission and who are not members but who are willing to assist from time to time, be placed. Lorraine will establish this file and put Dave Andrew's name into it as a start.
    
    
26. SOUHEGAN RIVER TRAIL SYSTEM: Hub provided the members with an excellent synopsis of activities and plans for this trail system. A summary is as follows, provided for the sake of the record:
    1. trail to run from Emerson Park to North River Road beyond Fitch's Corner. Because access across Map 8 Lot 17, now house lots, was denied, two foot bridges would be needed crossing the Souhegan River to the Keyes Field and back, somewhere between Emerson Park and returning beyond Lot 17.
       
       
    2. Without those bridges, the trail would begin at the Milford Hospital Association land and extend westward. Parking is available on this land.
       
       
    3. An existing snow mobile bridge crosses a stream between the Association land and Stan Trombly's corn fields (lots 5, 9, 10) From Lot 5 west, some new trail segments would be constructed to connect with some existing segments which may need improvement.
       
       
    4. Robert Holcomb supports the idea across his land (adjacent to the fish farm). A foot bridge would be required to cross the brook on his land.
       
       
    5. Bill Ferguson supports the trail and offered the use of existing trails and bridges on his land keeping north of Purgatory Brook because the land between this brook and the River is mostly swampy.
       
       
    6. The Fish Hatchery also supports the trail, and a bridge and existing logging roads on its property could be used. After crossing Purgatory Brook, the trail would return to the Souhegan River, following it through the land the Town plans to transfer to the State, and ending at North River Road just beyond Fitch's Corner. Once the Iron Bridge is replaced, this end of the trail may be revised.
    
    Relative to meeting with the property owners, it was decided that Hub would talk to Stan Trombly relative to his concerns first, and perhaps have Stan meet with the Commission, before arrangements are made to meet with the other property owners. The one issue which Stan had raised was that of liability, and Lorraine was asked to check this out with Lee and perhaps be in touch with the Town insurance agent as well.
    
    Relative to liability when town trails cross private property, the subject of the trail on the Hitchiner Town Forest crossing the Lorden land was raised, as well as the trail on the Tucker Brook Town Forest which crosses the Devine land. Lorraine will attempt to find documentation that may exist on these two issues, and will also discuss this with the Town insurance agent.

1. MINUTES: The Minutes of the January 3, 1991 and January 10, 1991 meetings could not be acted upon due to a lack of a quorum. These Minutes will be acted upon at the next meeting which will be February 21, 1991.
   
   
2. MILFORD HIGH SCHOOL ENVIRONMENTAL POND: Tom Mitchell, a teacher at the High School met with those present to advise the Commission of a proposed environmental pond he hopes to construct on the school property for the purposes of education for students in Milford Schools. The site does not involve wetlands. Mr. Mitchell has made application for a $10,000 grant in order to construct this pond, and should the grant not be made, there will be no pond. The pond is to be an 8 foot deep dug pond of 10,000 to 12,000 square foot surface area. It is to use ground water only, and is to be level with the current ground level. Dennis Wheeler who is familiar with the land involved since before the schools were constructed on this site, will be doing the work involved in creating the pond. It is Mr. Mitchell's objective to simulate as many different environmental regions as possible in this project. Any overflow of water from this pond will be channelled into an existing seasonal brook. The site has been reviewed by SCS, with confirmation that no wetlands are involved, but that there is a very high water table in this area. Russ Monbleau advised Mr. Mitchell that there is an abutter who has complained over the years that significant amounts of water from the school has been funneled onto his property. Russ anticipates further complaints from this individual once it is known that this pond is proposed. Russ suggested that the pond could be constructed to retain some of the run-off from the school land and thus perhaps reduce or at least slow, current run-off. Mr. Mitchell stated he had been advised by SCS that the pond will not make any difference to run-off either way as things exist now. Mr. Mitchell explained the process of creating the pond in that the brush in the area will be removed, the loam will be scraped away, earth removed from the pond site will be dispersed on school property, an overflow will be provided, and finally the loam will be replaced over the dispersed fill and will be seeded with suitable plantings. He anticipates receiving the grant monies in May and proposes the work to be completed by September. Those members present supported the idea. The Commission is however, not involved in this issue because no wetlands are to be disturbed.
   
   
3. TACO BELL/AQUIFER PROTECTION DISTRICT: Bob Roo, engineer, met with the members present to discuss a proposed Mexican restaurant to be located on Map 20 Lots 53 and 54 on Elm Street. Lorraine reported she had made an on site inspection and found only a narrow strip of flat land, with a sharp decline towards the back of the property. A considerable amount of fill will have to be used to provide for the proposed development of the site. A wetland exists, though not on this property, beyond the steep decline. Mr. Rook explained that the fill, the slope towards the wetland off-site and the detention pond are also a concern of the Planning Board which is requiring various activities to reduce possible problems with run off onto abutting properties. Relative to the fact this property lies in the Aquifer Protection District the members were advised. that gas tanks to be located on site will be enclosed by a concrete wall; a detention basin will be constructed to handle a 25 year storm; a gas and oil separator is included in the plans to handle run off from the parking lot; a grease trap is included in the sanitary sewer. It was the members' opinion that there should be little problems with grease from the kitchen because of the nature of the foods to be served in the restaurant. Because of a lack of a quorum, no decision on this case was made, but it will be discussed at the February 21 1991 meeting, and after that a letter will be sent to the engineer, the Planning Board and the Board of Adjustment. The case goes before the Planning Board on February 26 1991, and this letter is required before then.
   
   
4. GRIGAS/SHAWMUT ARLINGTON TRUST C. LAND FOR SALE: On behalf of the Shawmut Bank, David Choate of The Robbins Group from Portsmouth, met with the members to discuss the fact that the Bank now owns Paul Grigas' land which was part of the Ponemah Hill Sub-division (Grigas and Nash) by foreclosure. This land is for sale by the Bank, and is being offered to the Town for conservation purposes. The property is known as Map 54 Lot 3. The property in question consists of 30 to 40 acres in Milford with an adjoining piece of about 3 acres in Amherst and which fronts on Ponemah Hill Road. It is the Bank's desire to sell the 3 acre piece as a separate building lot. This would leave the remaining Grigas land in a landlocked situation, but access for conservation purposes exists in the form of a Public Service Co. right of way. Mr. Choate provided a copy of the foreclosure deed. Lorraine advised the members that there is an error in the Milford Property Tax map involving this property and that she had spent considerable time in securing deeds to various abutting properties in an effort to resolve the problems. Mr. Choate was also aware of some of the problems, which included some pieces of privately owned properties missing from the map, not appearing on either Milford or Amherst property tax maps, and being "included" in the Grigas deed. All of this, Mr. Choate admitted would have to be resolved and a clear title to the Grigas land provided before any sale of the property could take place. Lorraine also advised the members present that she had made several on-site inspections of this land during the Ponemah Hill Sub-division activities, and had found this particular piece to be of considerable conservation value. It includes large areas of wetlands as well as a very attractive stream. It is open and wooded with the wooded areas being fairly non-dense, and is hilly. The members talked about a price for this land. It was the general opinion that if the 3 acre lot in Amherst was sold as a house lot that most of the financial cost to the Bank would thus be recovered and it could mean that for relatively little money, the Town of Milford could acquire the 30 to 40 remaining acres. This particular property does not lie near any other lands owned by the Town but the suggestion was put forward that this piece could be used as a nucleus for a second Green Belt in another location in town. Currently the Town does not own any conservation land in the eastern portion. The members present were of the opinion that this issue should be pursued and it was decided to continue this discussion at next week's meeting and also to review the Composite Map. It was noted that the land in question abuts a large tract of open land owned by Lorden Lumber Co. Lorraine will continue work on the various deeds in an attempt to resolve the existing confusion. Mr. Choate did advise the members that individuals by the name of Teel own property in this area and have show interest in the 3 acre piece as protection for their land. He will pursue this with them.
   
   
5. DADOLY LAND: Lorraine reviewed with the members the various problems that exist in the Dadoly deed and discussed her meeting with Town Counsel on this case. The existing problems include: no "in consideration" clause. Town Counsel advised that this would not be a problem after a period of ten years from the date of the deed, as provided by State statute, but it was his recommendation that it be included because the deed is so new. Another problem involved the fact that the gift to the town resulted in properties in the original sub-division being land-locked, one piece being owned by Nicholas Dadoly himself. The gift also "deeded" to the town a right of way to Public Service Co., though this fact was not mentioned in the deed. It was Town Counsel's advise that the property owners of the landlocked be so advised. Also, there is no termination date in the deed for the proceeds of any timber sales the Commission may hold, such proceeds to go to Mr. Dadoly. Town Counsel and County Forester Jon Nute both recommend that a specific time period be included in the deed. Because this deed involved a tax break for the donor of the land and had to be filed by December 31 1990, problems could arise should the deed need to be refiled. Relative to the time period on proceeds from timber sales, it was Town Counsel's recommendation that this be done in the form of an agreement between the Commission and Dadoly with the agreement being recorded at the Registry. Lorraine had also had discussions with Lee Mayhew relative to the various problems and it was his opinion that correction should be carried out by the Selectmen because the Town now owns the land. Lee had suggested that these problems be reported to the Commission, the opinions of the members be obtained, and then he and Lorraine will work together to make corrections where possible and how possible. Russ put forward the suggestion that a portion of Fox Run Road which was included in the deed to the Town, be given back so as to provide access to two land-locked deeds currently being served by the developed portion of Fox Run Road as a private roadway, and another section where the paper street Fox Run Road leaved Federal Hill Road be provided with a right of way to reach a land-locked privately owned piece at that end of the sub-division. Lorraine will report to Lee, and keep the Commission advised of further actions taken.

Minutes of Work Session of February 26, 1991

Present:
Margaret Pratt, Chairman
Bill Parker, Bob McEttrick, Janet Piche
Lorraine Carson, secretary

1. MEETING OF FEBRUARY 21, 1991: Due to the unavailability of a quorum, this scheduled meeting was cancelled, and rescheduled for February 26, 1991.
   
   
2. MINUTES: On motion made by Bob McEttrick and seconded by Bill Parker, it was voted unanimously to accept the minutes of the January 3, 1991 and January 10, 1991 meetings. The Minutes of the February 14, 1991 meeting were not acted upon at this time, due to the fact those Minutes were only received by the members at this meeting.
   
   
3. TACO BELL: This case was reviewed again with a quorum present. Upon motion made by Bill Parker and seconded by Janet Piche, it was voted unanimously in favor of the motion to accept and approve the proposed location of this Mexican food restaurant within the Aquifer Protection District, based upon the fact that the plans conformed with the intent and spirit of the Aquifer Protection District. Lorraine will advise in writing both the Planning Board and the Board of Adjustment. It was regretted that because of the Commission not being able to act upon this case at earlier meetings, that the meeting of this case with the Planning Board as of this date would not have the input of the Commission in hand.
   
   
4. GRIGAS LAND/CONSERVATION LAND: Lorraine presented the members with a plan she had drawn using the Foreclosure Deed provided by David Choate. It was her understanding that there was no confusion as to just where the boundaries of this property lie. The work done on this plan will be passed along to the Assessing Department to serve as a means of correcting the Property Tax Map of both Milford and Amherst. In the process of drawing the plan, Lorraine came up with a parcel of land between the Grigas and Nash pieces for which she could not establish an owner. Doug Smith will be assisting in trying to provide the answer. A copy of the plan will also be sent to Mr. Choate who may be able to provide some additional information. Relative to the Commission's interest in acquiring this Grigas parcel, it was established that the area involved is 30 to 40 acres of open woodland and wetlands; that the property will be land locked if the proposed plan to subdivide off the 3 acres parcel in Amherst which fronts on Ponemah Hill Road by approximately 198 feet; that this 3 acre parcel, if subdivided into 2 lots in Amherst, could sell in total for $60,000 to $70,000; that the Bank is apparently in debt for this entire Grigas piece to approximately $70,000. After considerable discussion and with the input of Russ Monbleau who attended this meeting briefly, Janet put a motion on the floor and it was seconded by Russ and voted unanimously in favor of the motion, of th sum of $10,000 be offered to David Choate for the Milford portion he Grigas lot, that being 30 to 40 acres; that this price include all costs incurred in acquiring this land such as a title search and closing costs; and that a 50 foot wide access easement be granted from Ponemah Hill Road across the southern boundary of the 3 acres Amherst piece. Lorraine will convey this offer to Mr. Choate by telephone and in writing and will report back to the Commission with his response.
   
   
5. HIGH SCHOOL ECOLOGICAL POND: With a quorum present, the Commission again discussed this pond as proposed by Tom Mitchell, Science teacher at the Milford High School. Though too late to be included in the grant application, Mr. Mitchell had requested a letter of support for this pond from the Commission. After discussion, Bill put a motion on the floor and it was seconded by Bob and voted unanimously in favor of the motion to send a letter of support for the proposed pond as an ecological educational tool for the Milford School system; that in the event the grant be denied Mr. Mitchell be offered the possibility of using a town pond for a similar purpose. Lorraine will prepare this letter to Mr. Mitchell.
   
   
6. LAND INFORMATION KIT: Lorraine reminded the members that February 14 1991 was the deadline by which time all contacts should have been made with property owners on the various lists. Members stated they had all sent out the letters, but most had not completed contact with the local property owners. It was agreed that this deadline would now be extended to March 21 1991. Lorraine advised members that relative to Twin Tows area/Dram Cup Hill, she had been in touch with John Sennott and as a result of this had sent two complete packages of information to both Mary Abbott and Joyce Lawton. She had not heard anything from either as of this date.
   
   
7. NEW ADDRESSES FOR MEMBERS: With not all members being present it was not possible to obtain the new street numbers for all, but Lorraine did get this information from those present.
   
   
8. RUSSELL KINCAID/WETLAND VIOLATION/MCGETTIGAN ROAD: Lorraine briefed the members on events in this case that had taken place since the Commission's January 10 meeting. She stated that Kevin Lynch, Building Inspector, upon discovering the violation, had advised Mr. Kincaid to cease work immediately and pursue obtaining the necessary after-the-fact permits etc. Inspite of this warning, Mr. Kincaid had continued work in the wetland and added considerable more fill than was there illegally previous to Kevin's warning. Kevin and Lorraine had done an on site inspection on January 29 1991, at which time the fill placed after the warning was discovered. Mr. Kincaid had replaced an existing culvert with an 18 inch culvert and had filled the dip in the proposed driveway through which a stream flows, with a considerable amount of fill. On either side of the fill, it was found that the banking had not been stabilized in any way, and both Lorraine and Kevin felt it was highly prone to erosion in spring and during rainstorms. Also, piles of brush had been placed in the wetland on the downstream side of the culvert. Kevin had approached the Board of Selectmen in this case, and as a result of this meeting, permission was given by the Board for both the building inspector and the Commission to do whatever was needed including seeking legal assistance, to bring this case into compliance with the rules. Lorraine had also advised the Wetlands Board of the violation when it first came to attention, and had received a response from that Board requesting additional information in preparation for an on site inspection to be made by the Wetlands Board. She had provided the requested information. On February 15 1991, Mr. Kincaid had filed an after-the-fact Dredge and Fill application with the Wetlands Board and Lorraine had requested a 30 day time extension from the Wetlands Board. After discussion of this situation, Bill put a motion on the floor and it was seconded by Bob and voted unanimously in favor of the motion to advise the Wetlands Board as follows:
   
   1. that Mr. Kincaid was advised by the Building Inspector to cease all further work in the wetland until all permits were in place;
   2. that Mr. Kincaid had blatantly ignored this order and had added more fill in the wetland than he had previously;
   3. that the Wetlands Board find Mr. Kincaid in violation of the rules and regulations of that Board and that he be fined accordingly;
   4. that the Commission feels an 18" culvert is too small for the existing stream and the additional run off from the surrounding hillsides, and that the Commission seeks the assistance of the Wetlands Board (during its on site inspection) to provide information on an adequately sized culvert;
   5. that the sides of the fill placed in the wetland are too steep and are unstable, and are a potential for erosion and siltation into the stream. In this item, the Commission will seek the assistance of SCS and will communicate its findings to the Wetlands Board as soon as possible.
   
   Lorraine will communicate the above decision to the Wetlands Board, to Mr. Kincaid, the Board of Adjustment, the Building Inspector and the Board of Selectmen.
   
   
9. MAYFLOWER HILL TOWN FORESTVIOLATIONS: Lorraine briefed the members on activities in this matter as follows: that Town Counsel Rolf had prepared letters to all the abutters, those letters being dated January 18 1991; at least one abutter did not receive the letter until February 2 1991. The copies of the letters were not received by Lorraine until several days after February 2 1991. Upon reading the letters, Lorraine was of -the opinion that they were a little on the strong side in that they threatened fines etc., which was not the initial-intent of the Commission. She spoke to Lee Mayhew in this regard and he concurred. One abutter, Michael Hall, contacted Lorraine by telephone immediately he received the letter and was extremely annoyed and upset. She assured him that it was not the intent of the Commission to fine anyone, and that the Commission was fully aware of the fact that most of the violations could not receive attention until spring anyway. Mr. Hall then called Atty. Rolf, who assured him of the same things as did Lorraine. Mr. Hall was a violator in that he had a swing set partly on town property and a portion of his lawn. In talking with Lorraine, Mr. Hall stated his swing set was not on town property to the best of his knowledge, and he wanted her to inspect the situation immediately (this being 6p.m. on a Saturday night, Lorraine declined to oblige). However, she did assure Mr. Hall an inspection would be done, the findings would be discussed by the Commission, and their decision would be conveyed to him. Lorraine and John Ferguson therefore made an on site inspection on February 7 1991. They established the boundary line in question, and found that indeed the swing set was not on town property. They did find a small area of lawn in the right of way to the land, and a small pile of bricks over the line also. Lorraine was of the opinion that the swing set was not the one previously seen on the property and therefore asked Hub to review it as he was the one who originally reported the swing set as being over the line. Hub reported to Lorraine that he also did not think the existing swing was the one he originally saw, but could not be sure. At no time did Mr. Hall indicate he had erected a new swing set. During the telephone conversation with Mr. Hall, he also indicated to Lorraine that the pole fence which the Commission erected years ago along the boundary between his property and the right of way, was in disrepair and he wanted something done about this. After discussion of the above, the members asked Lorraine to write a letter to Mr. Hall thanking him for pointing out the fact the swing set was not on town land, apologizing for the apparent error on the Commission's part, requesting him not to continue mowing lawn on town land and to remove the small pile of bricks in the right of way. The Commission also wishes Mr. Hall advised that arrangements will be made in the spring for removal of the pole fence. The members felt that seeing this right of way is no longer used as an accessway to the town land that the purpose of the fence no longer exists. Lorraine was asked to see if Bob Courage's Department could remove the fence in spring. Another abutter, Brenda Murphy on Lot 13, had contacted Atty. Rolf advising her that she was now divorced and that the brush pile was put there by her ex-husband and was therefore not her responsibility. Atty. Rolf established that Mrs. Murphy is the owner of the property and advised her that it was her responsibility and she should take care of it in spring. Another abutter, Albert Raine of Lot 16, also contacted Atty. Rolf. He had a brush pile, logs and leaves on town land. He did not complain, and during an on site inspection of the Town land last week by Hub Seward, it was found that Mr. Raine was already working on cleaning up his mess and that he had also erected a rope along his boundary line with the Town land. Lorraine suggested that the boundaries between the properties on Shady Lane and Adams Street and the Town Land be fully marked with blue paint in spring and the members agrees with her. She will ensure this is done. The Commission made the decision to give all abutters until May 30 1991 to clean up their messes, and asked Lorraine to write to all of them giving this date and assuring that no fines will be imposed until after that date.
   
   
10. AMENDMENT TO ORDINANCE GOVERNING REGULATION OF TOWN LAND: Lorraine reported to the members that prior to the third reading of the proposed amendment to this Ordinance, the Selectmen raised a concern that the wording of the amendment was such that it could create a serious problem because standing dead wood posing a danger to human life would require the approval of the Commission before the situation could be corrected. She had therefore drafted a re-wording of the amendment for the members' approval, which would correct this unintended problem. She advised the members that the Selectmen were holding up the third reading until response from the Commission was received which hopefully would correct the problem. The members read and approved the draft, and Lorraine will therefore submit it to the Board for its approval at that Board's next meeting.
    
    
11. DADOLY LAND GIFT: Russ presented a letter he had received from Mr. Dadoly dated December 28 1990 in which Mr. Dadoly specified details of a letter he required from the Commission regarding his donation of land to the Town. Russ also presented the copy of his response to Mr. Dadoly, also dated December 28 1990. Lorraine briefed the members on the problems that exist in the wording of the Dadoly deed. Because this land has already been donated to the Town correction of the deed problems falls under the jurisdiction of the Board Of Selectmen and she is therefore working with Lee Mayhew on the needed corrections. Lorraine had made the offer to Lee to do all the leg work involved in this case because the Commission was responsible for ensuring a correct deed before submission to the Selectmen. Lee therefore asked her to meet with Town Counsel William Drescher on this case. This is scheduled for March 18 1991. The issues are: the deed lacks a "for consideration" clause which needs to be added; Restriction #4 (proceeds of timber sales etc.) needs a termination date such as "for as long as Mr. Dadoly lives etc.", an agreement between Mr. Dadoly and the Town has to be drawn up such as that between the Town and Bill Burns, and has to be recorded at the Registry; land-locked properties as a result of this gift have to be dealt with and resolved as well as the Public Service Co. right of way which was also part of the land donated to the Town. Lorraine will report at the next meeting on further actions on this matter. Russ indicated he would like to attend the meeting between Lorraine and Town Counsel.
    
    
12. HOURS IN THE TOWN HALL: Whereas the Commission had originally decided to hold hours in the Town Hall with Lorraine doing a two hour period on a Thursday and other members doing a two hour period on a Monday night until Town Meeting, Lorraine learned that the Selectmen required her to do the full four hour period. She discussed this with Margaret over the phone, and it was decided she would be in the Town hall on Tuesdays and Thursdays from 2p.m. to 4p.m. A notice to this effect was published in the Milford on February 6 1991, with Lorraine beginning the hours on February 5. A notice was also placed on the Commission's office door. She also advised the members that the Board had decided against installation of a telephone because of the expense involved. She has kept track of the hours Spent so far and the work performed. There has been no public contact to date during these hours. As proof of the continuous availability of the Commission to the public, Lorraine has also kept track of all telephone calls she received as home other than on Tuesdays and Thursdays from 8a.m. to 5p.m. After Town Meeting, she will prepare a report Of activities and hours in the Town Hall and of phone calls received at her home for presentation to the Selectmen.
    
    
13. TOWN TRAIL SYSTEMS ON PRIVATE LANDS: Relative to this issue, Lorraine reported the following:
    1. Tucker Brook Town Forest: she had established beyond doubt during consultation with Trailwrights Inc. that no section of any trail on this town land encroaches on any private lands.
    2. Hitchiner Town Forest: It is known that part of this trail travels over private lands, namely that of Lorden Lumber Co. and Burns Hill. Lorraine had written a letter to Owen Kelly who established the trail and who is currently away at college, requesting of him details of any communications he had with the Lorden Lumber Co. when developing the trail system. Once this is known, upon the recommendation of Town Counsel, it will be necessary to draw up a right of way easement agreement between the Lorden Lumber Co. and the Town which will have to be recorded in the Registry.
    3. Mayflower Hill Town Forest: Lorraine reported that when she and John Ferguson were recently on this town land, they reviewed the trail system relative to it being on private land. Their findings were that a section of the most used part of the trail was indeed on private land, namely that owned by Mr. and Mrs. James Hammer of Adams Street. Lorraine relayed John Ferguson's suggestion that the Commission attempt to acquire from the property owners a portion of the back section of their property which is crossed by the trail. The rationale behind this suggestion is that this private property is of 2 ½ acres, is a long narrow piece and all of it is rather steep and heavily wooded. By Mr. and Mrs. Hammer transferring a portion of their land to the Town, it would relieve them of liability and would save the trail having to be relocated. John had put forward the suggestion that a tax break be offered in exchange. After discussion of this proposal, the members requested Lorraine to pursue the proposal and do whatever is necessary.
    
    
    
14. SOUHEGAN RIVER : TRAIL: With Hub not present at this meeting, no information was available as to his progress. Lorraine did advise the members that according to Town Counsel, it would be necessary to obtain from each property owner whose land the trail crosses, a Right of Way Agreement which would have to be recorded in the Registry of Deeds. Relative to Stan Trombly and the desire to meet with him to receive his concerns, Lorraine will call Hub and attempt to get an appointment set up.
    
    
15. PUBLIC SERVICE CO./DREDGE AND FILL: Margaret reported she had looked at the area of Town land at the foot of Union Street where poles had been erected and found no visible disturbance of the wetlands involved. This issue is now closed.
    
    
16. TUCKER BROOK TOWN FOREST/HARLAN BURNS/TIMBERING: Margaret reported Bill Burns had contacted her to advise he was done with the small timbering he wanted to do on his lot which is part of the Town Forest and that he had taken less trees than originally anticipated because he obtained enough wood from trees he did fell. He has replaced the blockade at the entrance way. Lorraine reported Bill had contacted her for additional pages from the appraisal of this land for tax purposes, and she had supplied them.
    
    
17. EDUCATIONAL WORKSHOP: Lorraine reported no members had contacted her to attend these workshops. At the meeting it was decided that Lorraine would attend the March 25 lecture on Wetland Values, and Bill Parker would attend the April 8 and 15 lectures on Groundwater Protection and The Cost of Development. Janet put a motion on the floor and it was seconded by Bill and voted unanimously in favor to spend between $24.00 and $35.00 on this lecture series. Lorraine will take care of having payment sent to Beaver Brook for the above three lectures.
    
    
18. MEMBERS: Relative to Dave Andrews, Alternate, Lorraine reported having received his letter of resignation. Dave will, however, remain available as a resource person as much as his extensive business commitments allow. Relative to Celeste Barr, Margaret provided a letter of resignation she had received from Celeste, again because of increased business load. Margaret then advised the members that she too would not be able to continue as a member of the Commission, and provided a letter to this effect. Margaret explained that in her case, too, an increase in work load made it impossible for her to make available sufficient time to do an adequate job as a member of the Commission. The members present accepted her resignation with deed regret. She provided a copy of her letter of resignation to the Board of Selectmen, which Lorraine will delivery.
    With the above mentioned resignations, plus the fact that neither Russ nor Janet will be seeking a renewal of their terms, as of March 31 there will remain on the Commission only the following members:
    Bill Parker, Full Member
    Bob McEttrick, Full Member
    Hub Seward, Full Member
    John Ferguson, Alternate
    These four members would make a quorum and the Commission could continue to operate. However, Lorraine pointed out that only one member need not be able to attend a meeting, and there would be no meeting. She stated she had given some thought previously to this issue and had talked to Lee Mayhew with the suggestion that the Selectmen be requested to appoint her as an alternate member until such time as a full seven member board is in operation again. The members were in favor of this, and Margaret will prepare a letter to the Selectmen with this suggestion and request.
    Relative to making an attempt to recruit new members, Lorraine and Janet provided a draft of a notice to be put into the Milford Cabinet and Nashua Telegraph. The members approved both drafts, asked Lorraine to combine them and place in the newspapers as soon as possible. One name that was suggested as a possible new member was an employee of the Nashua Regional Planning Commission and Margaret will contact this person to find out if she is interested and willing to
    
    
19. DRAINAGE/AQUIFER REGULATIONS: Lorraine reported that she had sent to Dave Andrews a complete set of the Zoning Ordinances in response to his offer to do work on bettering the drainage and aquifer protection rules. Both Mark and Norm Erikson were very happy to accept Dave's assistance and have been in touch with him. When the work is done, Lorraine will advise the members of the outcome.
    
    In reviewing the new Site Plan Regulations, Lorraine had found a reference on Page 29 of those Regulations to the 25 foot buffer zone, with no mention of a 50 foot existing as well in certain locations. She talked to Mark about this, and found he was unaware of the omission. She therefore put the matter in writing to Mark for correction in due course.
    
    
20. FALCONER AVENUE EXT./QUIETING TITLE: Lorraine reported that on January 28 1991 she requested Atty. Carol Rolf by telephone to proceed with quieting title to Falconer Avenue Extension. To date she has heard nothing further from Carol, nor has she been able to make contact with her. In addition, on January 18 Carol sent a letter to Mr. Crawford whose brush and old fencing obstructs this accessway, advising him he had ten days from date of receipt of that letter to clean up the mess. This was a dead line Lorraine had not pursued and it is also not known if the mess has been cleaned up. She will be in touch with Hub to request his help in checking this out.
    For the record, the request to quiet title has the approval of the Board of Selectmen.
    
    
21. BUDGET COMMITTEE: Lorraine reported having been advised by Lee Mayhew that both the Budget Committee and the Selectmen have supported the Commission's request for $5,000 Operating Budget for 1991. However, the Budget Committee reduced the funding for the Conservation Assistant from the $7110.00 supported by the Selectmen to $6,800.00.
    
    
22. SOUTHERN N.H. CONS. COMMS.: Lorraine provided the members with a copy of the Minutes of this group's meeting of January 7 1991. Commissions from the towns of Derry, Hudson, Hollis, Litchfield, Londonderry, Merrimack, Nashua, Pelham and Tyngsboro were presented. She put forward the suggestion that Milford appoint a representative to attend these meetings. The members agreed but with such a reduced work force, it was decided to hold up on this until new members are on board. In the meantime, Lorraine will find out how often the group meets etc.
    
    
23. LAND GIFTS: Lorraine reported that in doing work on the Dadoly land gift it had occurred to her that the Commission received two other land gifts recently without the acceptance of the Selectmen. One was the Hayward Commons gift along Tucker Brook, and the other was a much larger gift from ML Realty (North River Road subdivision). She therefore wrote a letter to the Selectmen, apologizing for the Commission's error, and requesting their after-the-fact acceptance. At their meeting on February 19, the Selectmen accepted the two parcels of conservation land from ML Realty but made no mention of acceptance of the several conservation easements which are (or will be) on privately owned lands within the subdivision. She will check further with Lee Mayhew on this issue. Relative to the Hayward Commons gift, the Selectmen voted NOT to accept this gift. Lorraine talked to Lee who suggested that the Commission send another letter to the Board requesting their cooperation. Margaret will take care of this letter.
    
    
24. CARL CHAPPELL/WETLAND VIOLATION: Lorraine reported that she had received a copy of a communcation between the Wetlands Board and Carl Chappell which indicated to her he had filed a Dredge and Fill application, but the Commission had no copy. The Deputy Town Clerk had signed this application but was unsure of how to distribute the copies. Lorraine eventually obtained a copy of the application, sent a letter to the Wetlands Board requesting a 30 day time extension, and also provided the Deputy Town Clerk with details of how to proceed when faced with such an application, information which was gratefully received. It is now necessary for the Commission to respond to the Wetlands Board on this application. After discussion, Bill put a motion on the floor and it was seconded by Bob and voted unanimously in favor of the motion, that the Commission would recommend issuance of the after-the-fact permit, but with the following conditions: that the banks of the square pond be stabilized with planting recommended by SCS; that all measures necessary to ensure no siltation from the pond into the stream leading from it, be taken; and that all the above to be completed so that the plantings are established by August 31 1991 at which time the Commission will perform another onsite inspection.
    
    
25. BAY GROUP/WESTON PROPERTIES: Lorraine advised the members she had been advised by Ed Hardy, Jr. of Osgood Road that this 271 acre subdivision at the end of Osgood Road was to be auctioned on March 15 1991 as a result of foreclosure. She had contacted the Federal Savings Bank in Waltham, MA which holds the mortgage and them to be interested in talking to the Commission should the property not be sold at auction. The members agreed it would be excellent land to preserve, but it is anticipated the cost would be beyond the Town to afford. It is known that the land was originally purchased for approximately $1,000,000 and that about $500,000 has been spent on the subdivision work. Mark Fougere plans to attend the auction which will be held on site, and Lorraine will find out from him what happens and report back to the members.
    
    
26. EMERSON PARK FUND: Margaret and Lorraine as two of the three members of this Fund agree to spend $57.25 for additional plantings for the Park, to be purchased from Jackson & Perkins. The plantings are scheduled for the area at the foot of the steps leading to the Park. Lorraine will take care of cleaning out this bed and for planting the new items in spring.
    
    There being no further business to come before this meeting, the meeting adjourned at 10.45p.m.
    
    The next meeting will be at 7.30p.m. on Thursday March 21, 1991. This will be in place of the usual second Thursday meeting of the month because that week includes Town Meeting, and should Town Meeting be extended a second night it would mean Lorraine would not be available for the Commission meeting as she is doing the minutes of Town Meeting.
    
    Respectfully submitted,
    Lorraine Carson, Secretary

1. MINUTES: On motion made by Bill Parker and seconded by Hub Seward, it was voted unanimously to approve the Minutes of the February 14, 1991 meeting as presented. On motion made by Janet Piche and seconded by Bob McEttrick, it was voted unanimously to approve the Minutes of the February 26 meeting as presented.
   
   
2. MEMBERS AND PROSPECTIVE MEMBERS: Beginning at 7.30p.m., the Commission met briefly with those individuals who had contacted the secretary and expressed an interest in serving on the Commission. The purpose was to advise those individuals of what the Commission does, projects in which it is involved, and what time commitment would be required. The following individuals were present:
   
   Dr. Steven Turner, Georgia Moore, Dr. A. Law, Ken Utting and Christine Constantino.
   
   These people were advised that the Board of Selectmen would be meeting with them on Monday April lst 1991. Lorraine advised the members that three additional individuals had also contacted her and had been scheduled for the Commission's March 28 1991 meeting, namely Jim Smith, Blaise Corcoran and Robert Walsh. Lorraine had also provided the Selectmen's Office with a list of the above names and telephone numbers. Lorraine also reported that she had been contacted by Denise Johnson who showed an interest in serving, but she had not been able to establish a date and time for her to meet with the Commission. Hub provided the members with a letter Mrs. Johnson had delivered to him in which she expressed a desire to meet with the Commission. Lorraine will again attempt to set up an appointment for her for the March 28 meeting.] Relative to the initial eight individuals who had made contact with the secretary, a letter had been sent to the Selectmen requesting that appointments to the Commission be made as follows:
   
   

   Full Members:	2 for 2-year-terms to March 1993
   	1 for 1-year-term to March 1992
   	1 for 3-year-term to March 1994
   Alternates:	I for 1-year-term to march 1992
   	2 for 2-year-terms to March 1993
   	1 for 3-year-term to March 1994

   
   
   re: Terms of Current Members: Lorraine advised the members that in review of current terms of office, it was established that the terms of Bill Parker and Hub Seward expire March 31 1991. A letter was therefore urgently sent to the Selectmen requesting them to renew these two terms as follows:
   
   Bill Parker to a three year term, full member, to March 31 1994
   Hub Seward to a one year term, full member, to March 1992
   
   re: John Ferguson, Alternate: John stated he did not wish to remain a member of the Commission, but would remain on until such time as there is a full membership in operation. He will also continue giving the Commission assistance where needed relative to the Town Forests.
   
   re: Margaret Pratt: Though Margaret's term is up on March 31 1991, she will continue also as a member until sufficient new members are appointed, and will be available for the April 11 1991 public meeting should she be needed.
   
   re: Bob McEttrick: Bob advised the members that his Oath of Office form apparently had an error in it. He was appointed on May 18 1990 to a 2-year term as a full member, but on the form, the expiration date of his term was given as March 31 1991. It was felt this was a typographical error, but Lorraine will contact the Town Clerk to make sure his records reflect a two year term with an expiration date of March 31 1992.
   
   re: Lorraine Carson: Lorraine reported that at their meeting on March 4 1991, the Selectmen had appointed her as an alternate, as was requested, until a full board is available to the Commission or until September 4 1991, whichever comes first. This was to provide the Commission with the ability to function as a board until new members are appointed.
   
   re: Departing members and document copies: Janet Piche handed over her copies of the Municipal Handbook and the Conservation Plan at this meeting. Russ will bring his copy of the Handbook to the March 28 1991 meeting, but requested permission to retain his copy of the Conservation Plan, as he wishes to remain active in land acquisition and felt this book would be useful. Lorraine reported she had been in touch with Celeste Barr requesting her copies of the above two documents on March 13, but to date had not received them. She will call Celeste again. Margaret also handed over her copies of these two documents. Upon motion made by Janet and seconded by Bob McEttrick, it was voted unanimously to authorize Lorraine to purchase additional copies of the Handbook and the Conservation Plan as needed, to provide all new members with a copy of each.
   
   re: Education of New Members: Bob McEttrick put forward the idea of making copies of the Minutes of Conservation Meetings from the beginning of this year to give to new members as a means of them becoming more familiar with the issues currently before the Commission. This idea was accepted, and Bob will provide the necessary copies. Lorraine will prepare copies of various policies, etc., which the Commission has developed over the years, to be given to the new members.
   
   re: Key to the Town Hall: As Lorraine is the only one who has a key to the Town Hall, she will attempt to obtain another one for the new chairman from Bob Courage.
   
   
3. EMPOWER MICROSYSTEMS/MEADOWBROOK IND. PARK/AQUIFER PROTECTION: Peter Nash of Meadowbrook Industrial Park and Mark Fougere, Planning Director, met with the Commission to review and receive comments and concerns regarding a proposed 64,000 sq.ft. building to be constructed on Map 6 Lot 36 and to be occupied, it is hoped, by Empower Microsystems. Mr. Nash explained that Empower will employ up to 200 employees, and is involved in light assembly work for personal computers and circuit boards to be sold to the Rep. of China. He advised the members that definite word has to date not been received that this company will indeed locate in Milford, but so far everything points to the fact that it will, and he wished to have all approvals, plans, etc. in order that when Empower's final word is received, he would be in a position to immediately begin construction of the building. This building will be on municipal sewer system and will be heated by propane gas. The Commission was advised that various hazardous chemicals are involved in the proposed work, which includes 15 gallons Flux, 540 gallons thinner 90 gallons Trico and 50 pounds Bar Solder. Approximately 12 55 gallon drums will be generated per week. All will be picked up and removed from the site in 55 gallon drums. These drums will be stored in a designated caged and locked area until pick up time. After discussion of this case, the Commission made the following recommenda- tions, which will be conveyed in writing to Mr. Nash and the Planning Board for the March 27 Planning Board Meeting:
   1. There will be no floor drains (currently these are proposed), or should floor drains be included, they must feed into a closed system.
   2. Propane gas tanks are to be located above ground and be surrounded by protective bollards.
   3. All hazardous chemicals on site are to be stored in a concrete lipped or recessed area so as to contain any and all spillages.
   4. Federal Permit number for the hazardous materials is to be on the site plans.
   
   
4. EARTH DAY/SCOUT TROOP 4/PLANTING TREES: Margaret Pratt reported that Joanne Turner of the Earth Day Committee had been working with Troop 4 relative to their desire to become involved in tree planting. Two crabapple trees are to be planted at Osgood Pond park area as part of the 1990 Tree Project and it was suggested that the Scout Troop be given this job to do. Bill Parker will work with Joanne in coordinating this event, and John Ferguson will pick up the two trees the week of April 15. Relative to the amount to be spent on this project, Janet put a motion on the floor which was seconded by Bill Parker and voted unanimously in favor of the motion to authorize the purchase of two crabapple trees for a cost not to exceed $400.00.
   
   
5. SPNHF SEMINAR FOR FUTURE LEADERS: Lorraine reported that she had been contacted by Tim O'Connell of the High School relative to him having found one student wanting to attend this seminar. As authorized previously Lorraine made arrangements for payment of the amount of $235.00 to be made to the Society. The student is Alison Higgs, 289 Mason Road, Milford. The seminar is scheduled for April 21-25 1991 at the Rocks Estate in Bethlehem. Lorraine had conveyed to him that the Commission was willing to send an additional student, perhaps to the Conservation Camp in June, and Tim agreed to search for an individual interested in attending.
   
   
6. NICHOLAS DADOLY LAND GIFT: Lorraine reported she had met with Town Counsel Bill Drescher on March 18 1991 in an attempt to rectify the deed to this land. The results of this meeting are that Atty. Drescher will be in touch with Atty. Bielagus (the attorney for Mr. Dadoly), with the following] concerns:
   
   
   1. A "For Consideration Paid" clause must be added.
      
      
   2. Restriction #4 relative to timber rights etc., an agreement either separate or included in a rewritten deed, will be developed between Mr. Dadoly and the Town of Milford granting him proceeds from any timber sales "for as long as he shall live" only. The agreement will be similar to that between the Town and Bill Burns. For this agreement a timber survey is required. Lorraine requested John Ferguson to do this; he presented his survey results at this meeting, and Lorraine will forward this to Atty. Drescher.
      
      
   3. Relative to acceptance of the paper street, Fox Run Road, Atty. Drescher recommended that the Board of Selectmen rescind acceptance of part of this paper street so that access via a private road can be had to lots currently not on a roadway because of the wording of the deed. This will allow also, access to the Public Service Right of Way. It was suggested during consultation with Town Counsel that the Town's portion of this paper street run on a line on the south side of Map 53 Lots 79 and 81 and 82, thus providing access to lots 79-1, 80 and 86 and the Public Service right of way. Atty. Drescher will put this suggestion to Atty. Bielagus and once he has reviewed this with Mr. Dadoly, the Selectmen will be requested to take the necessary action, if all parties are in agreement.
      
      
   4. Map 53 Lot 83 has access over the paper street Fox Run Road owned now by the Town from Federal Hill Road. But seeing this is not a developed roadway, the property owners cannot build on this lot as arrangements now stand. Town Counsel advised that the Board of Selectmen could, at some time in the future, grant a right of way over this section of paper street to this lot, and development of it would have to be at the expense of the property owners.
   
   
7. LAND INFORMATION KIT: Lorraine reminded the members that this was the final deadline for contacting property owners on the distributed lists. Everybody had made the necessary contacts, except for Janet who stated she had not been able to contact anybody except for one, on her list and turned in all the brochures. Because this project is not a project to hand over to a totally new member to the Commission, Lorraine said she would take it over and ensure that all contacts were made as soon as possible.
   Lorraine will also call Celeste to find out if she has contacted those on her list, and if she wishes to continue now that she is not a member. (In contact with Celeste after this meeting, Lorraine learned that she had contacted everybody except for one, with whom she wished to make personal contact, and she will do this as soon as the opportunity arises).
   
   
8. SOUHEGAN RIVER TRAIL: It was reported that Hub had contacted Stan Trombly and he will be meeting with the Commission on March 28 1991 to discuss his concerns and ideas about the trail. Lorraine reported that Lynn Higgs had contacted her relative to the Commission's advertisement for members, and in discussion, Lynn decided to withdraw her offer to be on the Commission but instead wished to offer assistance wherever it was needed. Lorraine put forward to her the suggestion that she serve on the committee for development of this trail. She was delighted to do this, and at Lorraine's suggestion, she will be invited to the March 28 meeting when Stan Trombly meets with the members.
   
   Relative to Stan's meeting, Margaret asked Lorraine to prepare a report on the concerns and suggestions Stan had already conveyed.
   
   
9. HOURS IN TOWN HALL: Lorraine reported that after Town Meeting she had prepared and submitted to the Selectmen details of hours she had spent in the Town Hall, and a list of telephone calls received at her home on Conservation work during the period February I to March 12 1991. During this period, there was no public contact made with Lorraine while in the Town Hall during the advertised hours. At their meeting on March 18 1991, the Selectmen decided to drop the requirement of specified hours in the Town Hall.
   
   
10. HILLS. CTY. CONSERVATION DISTRICT ANNUAL MEETING: This meeting is to be held on Wednesday March 27 1991. Margaret and John will be attending because of their professions. Lorraine was the only Commission member interested in attending, and stated that it appeared to have been well- appreciated at last year's annual meeting which she attended, that the Milford Conservation Commission was represented. A motion was put on the floor by Bill Parker, seconded by Hub Seward and voted in the affirmative to authorize Lorraine to expend $10.50 for attending this meeting. Because of the deadline for payment, Lorraine and Margaret will get together to make the best arrangements possible to make the payment in a timely fashion, even if it means that the Commission will result in having to reimburse Lorraine instead of paying direct.
    
    
11. CHAIRMAN/VICE CHAIRMAN: Both the current Chairman Margaret Pratt and the current Vice-Chairman Russ Monbleau will not be members of the Commission after March 31 1991. Discussions therefore took place as who the next chairman and vice-chairman would be. The following decision were made:
    
    Chairman: On motion made by Bob McEttrick and seconded by Hub Seward, it was voted unanimously to appoint Bill Parker as chairman effective April 1 1991.
    
    Vice-Chairman: On motion made by Hub Seward and seconded by Bill Parker it was voted unanimously to appoint Bob McEttrick as the Vice-Chairman effective April 1 1991.
    
    Lorraine will convey this information to the Board of Selectmen.
    
    
12. NEXT MEETING: The next scheduled public meeting will be Thursday, April 11 1991 at 7.30p.m. Margaret Pratt offered to be present at this meeting to assist Bill Parker in the transition of chairmanship. Lorraine also stated that if at all possible no public will be scheduled for this meeting. This meeting will be made up mainly of totally new members, assuming the Selectmen make the new appointments at their meeting on April 1 1991, and time will be needed to initiate those people. As far as possible the agenda will be kept light to allow time for education of issues. It was also decided that a second meeting in April will be needed most likely, to complete the work load.
    
    
13. AGENDA ITEMS NOT COVERED: Because of the lateness of the hour, the following items were not covered, and will be attended to at the April 11 meeting:
    1. Revisions to the Conservation Master Plan
    2. Wetland Workshops
    3. Results of Town Meeting voting on Conservation issues
    4. Wetlands Board and related issues
    5. Grigas Land Purchase update
    6. Bay Group land/auction
    7. Conservation Land Ordinance
       • amendment
       • revisions to Appendix A
    8. Mayflower Hill Town Forest/trail on private property
    9. Arnold Balcom/Wetland violations/Wetland Board's reactions
    10. Southern N.H. Conservation Commissions' meeting attendance

Meeting Minutes of Work Session of March 28, 1991

Present:
Margaret Pratt, Chairman,
Bill Parker, Bob McEttrick, Hub Seward, Janet Piche
Lorraine Carson, Secretary
Rosario Ricciardi, Selectmen's Representative

1. MEMBERS AND PROSPECTIVE MEMBERS: The Commission met briefly with the following two individuals who had expressed an interest in serving on the Commission: Blaise Corcoran and Robert Walsh. Both wish to be made members of the Commission and will be meeting with the Selectmen on April 1 1991. Denise Johnson also met with the Commission because of a willingness to serve, but made the decision that the time commitment required was more than she could afford. She did however, offer to serve on a committee if needed, and as such was offered the Souhegan River Trails Committee.
   
   On April 1 1991 the Selectmen will be meeting with the seven individuals who had met within the Commission and who wished to serve. Bill Parker and Bob McEttrick will attend this meeting at the invitation of the Selectmen.
   
   James Smith who had an appointment for this evening relative to his interest in serving, cancelled today, and withdrew his application.
   
   Relative to the error on the Oath of Office of Bob McEttrick, Lorraine advised she had checked into this, and found it was a typographical error, and that indeed Bob's term runs to March 31 1992.
   
   Relative to Margaret Pratt who had offered to continue after March 31 if needed, it was decided tonight would be her last meeting because it is understood that the Selectmen will be appointing the new members on April lst and therefore for the Commission's next meeting on April 11 1991, a full board should be present. Margaret offered to give any assistance in the future where her expertise could be of use to the Commission.
   
   Regarding keys to the Town Hall etc. for the new chairman, Bill Parker, Lorraine stated she had asked Bob Courage for a key to the Town Hall front door, but had not received it yet. She will however, have this for the April 11 meeting together with a key to the Commission's room in the basement.
   
   For the meeting this evening, it was found that both doors to the Selectmen's meeting room were locked, and the Commission had to meet in the small room in Public Works Department, which was inadequate for the agenda. Sarooch authorized the Commission to secure a key to the Selectmen's meeting room.
   
   For the new members and for the April 11 meeting, Bob said he had made 8 complete sets of the Commission's Minutes from January 1991 as a way of briefing the new people and bringing them up to date. Lorraine will make copies of the March 21 and 28 meetings for those individuals.
   
   Also for new members, and also for the three remaining members, Lorraine said she had prepared three-ring binders of various policies, ordinances, rules, regulations, etc. which she felt were needed for the people to more quickly educate them in Commission details. Because of the great amount of work involved in the preparation of these files, it was decided that these would not be the property of the individual members, but rather that of the Commission, and thus should be treated as such and returned at the end of a member's term to be passed on to the next new member.
   
   On behalf of Margaret, Lorraine drafted a letter of thanks to Vivian Barry for her time as representative from the Board of Selectmen to the Commission. The members were pleased with the letter, and asked that a copy be sent to the Selectmen as well.
   
   
2. SOUHEGAN RIVER TRAIL SYSTEM: Stan Trombly met with the members to discuss his concerns regarding this trail on private lands, as preparation for meeting with all the property owners involved. Lynn Higgs, a Trail Committee member, was also present. The result of this discussion was as follows:
   
   
   1. Width of the trail: Stan requested that the trail be no more than four feet wide. Hub assured him that this would fall into the proposed plans as this is the usual width of trail used on Town lands.
      
      
   2. Liability to the Property Owner: In response to Stan's concerns, Lorraine put forward a copy of a draft of a Right-Of-Way Easement pre- pared by the N.H. Heritage Trail. By signing this agreement with the Town, and by having it recorded in the Registry of Deeds, the property owner is absolved of the liability should public using the town trail be injured in the process. Lorraine added further that she had recently discussed this issue with Town Counsel, and was advised that gross negligence has to be proven before the injured party could sue, and at best, it would be the town and not the property owner who would be sued. Town Counsel further advised that if the trail is well maintained and carries signs warning of any problems, there would be little room for a suit of any kind.
      
      
   3. Vandalism: In an effort to reduce the possibility of this problem, it was decided to prepare signs advising users of the trail that it was on private property, to respect it as such etc. Stan felt this would at least help the possible problem.
      
      
   4. What uses the trail?: The intent of the trail is for foot traffic only, with no bicycles or motorized vehicles of any kind. Signs will be prepared to this effect. It was also decided that as-long-as-possible sections of barbed wire be erected at right angles to the trail at half mile intervals with stiles provided to access the trail beyond thus making it at least extremely difficult at least for wheeled vehicles. Lorraine suggested that a stile be placed at both ends of the trail.
      
      
   5. Hunting and Trapping: Considerable discussion took place on these two issues. Hunting is permitted on all lands which the trail will cross, and it was decided to post a sign at both ends of the trail and every half mile along its length that hunting and trapping are permitted in season. Because traps are usually well hidden, it was feared that pets and children running loose could come into contact with these items. It was decided to prepare a sign for either end of the trail that pets must be maintained on leashes, and it was felt that by posting signs every half mile regarding hunting and trapping parents would be mindful of the whereabouts of children accompanying them. The question was raised as to whether or not the times for hunting and trapping should be posted, to better prevent serious problems. Lorraine will obtain this answer from Town Counsel. Relative to the placement of traps, it was stated that trappers are required by law to obtain the permission of the property owners before setting the traps, though this is not always done. Lorraine suggested she be in touch with the Conservation Officer as to perhaps the MCC being notified of traps and their locations. She will also enquire of the C.O. any other ideas he may have for better safety in this matter.
      
      
   6. Cow Pastures: It was agreed that a barbed wire fencing would be erected along cow pastures to prevent trespassing by trail users.
      
      
   7. Hours of Use: The Commission does not encourage after dark use of any of its trails. Because the Milford Hatchery land is involved and because they close at 4p.m., it was decided to include in the signs, wording to the effect that the trail is open sunrise to sunset only.
      
      
   8. Access to the Trail: For the time being, the two access points will be the MCAA ball fields off North River Road where good parking is available, and one of the gravel roads leading to the Hatchery wells in the area of Earl Fitch's farm, where parking is also available. Mr. Holcombe did offer an access at about mid point by crossing his land from North River Road, but it was decided not to accept this offer because of the narrow- ness of that road, and because it might encourage trail users to attempt to enter the trail across other lands where permission was not offered.
      
      
   9. Length of trail: This trail is going to be a long one, estimated at about 5 to 6 miles. Because it is not circular, it was decided to post the length at either end, adding that there were no access or egress points enroute.
      
      As a result of the above discussions, Lorraine was asked to prepare a list of the concerns with proposed solutions and also a draft of two large signs to be erected at either end of the trail, plus a list of the smaller signs to be erected enroute. This will be reviewed at the next meeting at which time a decision will be made on when to meet with the property owners in total.
   
   
3. MINUTES: On motion made by Bill Parker and seconded by Bob McEttrick, the Minutes of the March 21 1991 Public Meeting were accepted as presented.
   
   
4. HILLS. CTY. CONS. DISTRICT MEETING: Margaret reported that she and Lorraine attended this annual meeting last evening as representatives of the Milford Conservation Commission. It was an enjoyable and informative meeting with a good speaker.
   
   
5. REVISIONS TO CONSERVATION MASTER PLAN: Margaret reported that Mark had contacted her to discuss various revisions he felt were needed to this Plan. Because Margaret will not be a member of the Commission as of March 31 1991, she asked Lorraine to be in touch with Mark regarding the revisions. She also suggested that in May sometime, the Commission invite Russ Monbleau to attend a meeting to discuss his ideas on land acquisition, this to include developing more than one Green Belt, buying small pieces of land scattered or concentrating on larger parcels only, etc. She also advised that if there is a deadline to this updating, it should be so noted. Margaret also pointed out that the Scenic Roads map in the Conservation Plan needs updating, and Lorraine was asked to do this.
   
   
6. WORKSHOPS: Margaret presented information she had received on various workshops, but which had not been sent to the Commission itself. One of the sessions was already past, and the others were too far away with no members interested in attending. It was suggested that Lorraine be in touch with Nashua Regional Planning Commission to ensure that all such notices are sent direct to the Commission, rather than a particular member.
   
   
7. GRIGAS LAND: It was noted that the purchase of this parcel for conservation purposes received the support of Town Meeting. At that meeting, Margaret had advised the citizens present that a tentative amount of $10,000 had been offered for this 30 to 40 acre lot. Lorraine reported she had had a phone call from David Choate enquiring as to how much time he had in which to finalize this sale , and she had advised him there was no hurry at all. He stated that the Bank was attempting to sell the 3 acre lot in Amherst and that they had an interested buyer. The Bank was trying to get as much as possible for this lot, so as not to have to ask the Commission to increase its offer. However, Mr. Choate indicated an interest as to the limit which the Commission would consider for the Grigas parcel. After discussion, Janet put a motion on the floor and it was seconded by Hub and voted unanimously in the affirmative that a maximum of $15,000 would be offered, same to include all costs. Lorraine reported having received a request from the Wetlands Board as to the status of the Grigas and Nash parcels relative to the two Dredge and Fill applications submitted some time ago. She had responded by advising the Wetlands Board that the Town was in the process of attempting to purchase the Grigas parcel, and that the plans submitted for the Nash piece were no longer effective as that lot could not be developed as proposed without the Grigas parcel. Discussions on the purchasing of the Grigas land lead to discussion of the fact that the townspeople as a whole know little about the activities of the Commission due to lack of newspaper articles about its work. Several attempts by Lorraine to prepare articles for publication have failed. It was decided that seeing one of the individuals wishing to serve on the Commission was a writer, this matter would be pursued further at that time. Because of this lack of publicity, it was decided that Lorraine would write a comprehensive article on the Grigas land and try to have it published before the final papers are signed on this land. Such article would include precise location, how to reach the land, its size, potential for picnics and walks, and proposed trails/town forest classification etc.
   
   
8. BAY GROUP/WESTON PROPERTIES: Lorraine reported that this land was not sold at the auction on March 15 1991. She had been in touch with the bank now owning this land, some 270 acres abutting the Hitchiner Town Forest, but had not been able to discuss the Commission's interest to date. She will continue to try to reach the Bank and report back on progress.
   
   
9. CONSERVATION LAND ORDINANCE: Lorraine reported that in updating our copies of this Ordinance relative to the recent amendment passed by the Selectmen, she noticed that the list of lands falling under the jurisdiction of this ordinance had not been updated, and also had some errors in it. These were as follows:
   
   
   1. Mayflower Hill Town Forest: The Rotch land needs to be added.
      
      
   2. Tucker Brook Town Forest: the new Burns land needs to be added.
      
      
   3. The list also included "Osgood Pond" but the Town does not own the pond itself, rather just a small parcel of land off Osgood Road which has been turned into a parklike area.
   
   She checked with Lee Mayhew, and was advised that because this changes fall into Appendix A "which shall be added to or amended as needed" the above changes did not have to be brought before the Selectmen. After discussion, Bill Parker put a motion on the floor which was seconded by Janet Piche and voted unanimously in favor of the motion, to amend Appendix A " Conservation Lands as follows:
   
   
   1. Mayflower Hill Town Forest: add: "William B. Rotch Land Map 8 Lots 91 and 92".
      
      
   2. Tucker Brook Town Forest: add: "Burns Land Map 10 Lot 58"
      
      
   3. Osgood Pond: Delete "Osgood Pond" in its entirety, and replace with "Osgood Pond Park, Map 42 Lot 8".
   
   Lorraine will ensure that this amendment reaches the original of this Ordinance in the Town Clerk's Office, and will also provide copies to the Selectmen's Office and the Planning Board.
   
   
10. MAYFLOWER HILL TOWN FOREST TRAIL SYSTEM: Relative to the fact that part of this trail system lies on private land on the Adams Street side of the Town Forest, Lorraine reported that in response to the Commission's communication to the Selectmen, that Board had sought the input of the Town Assessor. The Selectmen were not in favor of granting a tax break to the property owner for the portion of land on which the trail lies, but were in favor of either the trail being relocated or of purchasing the portion of private property needed, which was recommended by the assessor as being valued at approximately $2,000.00. The Commission made the decision to pursue purchasing of the land because of the difficulty in relocating the trail in this particular location, it having been in this location and well used, for an extended period of time. Lorraine was asked to write to the property owners and then visit with them if needed, to discuss this. An invitation to meet with the Commission will be offered.
    
    In other matters relative to this Town Forest, Lorraine reported that she had prepared a new map of this property, indicating an entranceway off Shady Lane and another at Falconer Avenue Extension. Copies of this new map, together with copies of maps of the other two Town Forests with trail systems, are available for the public at the Town Clerk's Office. She also advised the members that in recent discussions with Bill Rotch, he offered his services for trail work on this Town Forest land. Relative to having signs made for the Shady Land and Falconer Avenue Extension entrances, Lorraine reported that repeated attempts to have Bob Wisniewski fulfill his offer to do the signs, had failed. She therefore suggested that two signs with posts be made by a professional sign maker, and she was authorized to obtain quotations on same. It is planned to have Public Works Department erect the two signs when ready.
    
    After further discussions relative to the private land and the trail, Bill Parker put a motion on the floor and it was seconded by Bob McEttrick and voted unanimously in the affirmative to authorize Lorraine to offer $2,000 to Mr. and Mrs. James Hammer, property owners, for the portion of their land on which the trail lies and to also discuss with them their interest in selling the entire back portion of their property to the Town.
    
    Relative to another portion of the trail system that crosses private land, Hub brought to the members attention the portion that crosses a fifty foot wide strip of backland that was owned by William B. Crawford. The Commission would also like to acquire this strip rather than have to relocate the trail, and asked Lorraine to enquire if Mr. Crawford still owns this land in view of the fact that he has sold his house which was on the corner of Falconer Avenue and Falconer Avenue Extension.
    
    
11. BALCOM/WETLAND VIOLATIONS: Lorraine brought the members up to date on the Wetlands Board's reactions to the wetland violations on Mr. Balcom's property on Armory Road, as follows:
    
    
    1. The Wetlands Board issued an after-the-fact Dredge and Fill Permit as recommended by the Conservation Commission, for approximately 2,300 square feet of fill placed in the stream.
       
       
    2. The Wetlands Board is considering a fine of $600.00 but it is not clear if this pertains to the above fill or to additional fill found by that Board during an on site inspection, and described in c. below.
       
       
    3. The Wetlands Board found fill along the stream in the back portion of the lot which was also found by the Commission during its on site work but which the Commission decided to leave alone being of the opinion that removal would cause more harm than good, but advising Mr. Balcom that no further fill was to be added to this area. The Wetlands Board now requires Mr. Balcom to remove 4,000 square feet of this fill and to submit a restoration plan within 30 days of notice, said plan to include a schedule of fill removal, planting schedule and plan with monitoring schedule. The Wetlands Board was of the opinion that this amount of fill is excessive, and that removal and restoration of this area would provide nutrient/sediment trapping functions lost by the 2,300 sq.ft. of fill further downstream. (The unnamed stream in question is a tributary of Great Brook).
    
    
12. ELIMINATION OF THE WETLANDS BOARD: Lorraine provided the members with a notification received from the NHACC relative to the proposed State Budget for 1991-1993, which included the proposed elimination of several State departments including the Wetlands Board. In discussion of this matter, the Commission requested Lorraine to send a letter to Representative Lester Perham, giving the Commission's full and total support to maintaining the Wetlands Board and requesting Mr. Perham to do all possible to ensure this Board is maintained.
    
    
13. WORK DONE BY PUBLIC WORKS FOR MCC: Lorraine reported on the following work performed by Public Works Department for the Commission:
    
    
    1. Removal of the old wooden pole fencing along the right-of-way to the Mayflower Hill Town Forest off Adams Street.
       
       
    2. On March 13, Lorraine did an on site of Falconer Ave. Ext. regarding the debris left in this area by William Crawford, only to find his house had been sold and stood empty. The registered letter sent to Mr. Crawford in January by Town Counsel Carol Rolf had been returned to her office undeliverable, but the Commission was not notified of this. Lorraine talked to Lee Mayhew about what to do next regarding the debris, and at his suggestion, asked Bob Courage for his help. The clean up has now been done, though Hub reported that part of the decaying wood pile was still there but did not obstruct access.
       
       
    3. Park Benches: Lorraine and Bob Courage had reviewed Emerson Park and decided upon locations for the four park benches purchased with interest from the Nees Bequest. Bob's men erected the benches. However, Lorraine then received a report from Bob that some of the treated wood on the benches was badly split and in one case, rotten. Lorraine did another inspection of the benches, and wrote to the supplier requesting replacement of the bad wood, four 8 foot treated boards in total. Public Works will install these when they arrive.
       
       Lorraine sent a letter of thanks to Bob Courage for his willingness to do work for the Commission and his quick response to her request.
    
    
14. RUSSELL KINCAID/WETLAND VIOLATION: Because of the lateness of the hour, this issue was not attended to. It was also decided that because this issue will be going on for a while and mainly new members of the Commission will be dealing with it, that it would be best to leave it for the next meeting at which time Lorraine will bring everybody present up to date on this case.
    
    
15. BUDGET REPORT: The review of this quarterly report was also postponed and will be done at the next meeting for the benefit of the new members.
    
    
16. 1991 TREE PROJECT: It was decided to take no action relative to the planting of trees along town streets this year. It is already too late to begin preparations of property owners etc., for planting this spring, and in addition the Commission is loosing both Margaret and John Ferguson who oversaw the tree planting in past years. It was decided to raise this issue in October and appoint two new members to handling this process. Note was taken of the fact that the 1990 Tree Project involves the planting of two Crabapples at Osgood Pond Park. This will be done this spring by Margaret and John, and will be paid out of 1991 funds, though it belongs to the 1990 Tree Project.
    
    
17. RECYCLING COMMITTEE: Lorraine reported she had been in touch with Celeste Barr who agreed, though she is no longer a member of the Commission, to continue serving this Committee as the Commission's representative and will report back when the need arises.
    
    
18. TUCKER BROOK TOWN FOREST TRAIL WORK: Hub reported that Trailwrights will be working on this trail system on Saturday, April 13, interested parties to meet in McDonald's Parking lot at 8:30a.m. Bob McEttrick agreed to attend.
    
    
19. NEXT MEETING: It is hoped that in time for the April 11 1991 meeting, the Selectmen will have had the opportunity to appoint four new full members and three new alternate members. Because the Commission will then consist mainly of totally new individuals, it was decided to keep this meeting free of public appointments and to dedicate it to review of current issues and education of the new members. At this time, the information Lorraine has prepared for all members will be handed out and reviewed. Margaret suggested that a dummy run be made on Dredge and Fill application process as this would greatly assist the new members. Lorraine will prepare a sample case. Lorraine will check with Lee Mayhew on Tuesday to find out who has been appointed and for what terms, and will then be in touch with those individuals to schedule them for the April 11 meeting. Lorraine suggested that because of so many new members that name tags might be useful, and it was agreed that she would purchase these.
    
    
20. MASTER PLAN COMMITTEE: With Margaret leaving the Commission discussion took place as to who would represent the Commission on this committee. Margaret agreed to continue on behalf of the Commission, and she also felt that only one person need represent the MCC. It was therefore agreed that Bill Parker need no longer attend these meetings.

1. MINUTES: On motion made by Hub Seward and seconded by Bob McEttrick, it was voted unanimously in favor of the motion to accept the Minutes of the March 28, 1991 meeting as presented. Those voting on this motion were: Bill Parker, Bob McEttrick, Hub Seward, and Lorraine Carson as alternate.
   
   
2. LORRAINE CARSON, ALTERNATE: With a full board now in operation, together with four alternate members, Lorraine submitted her resignation as an alternate member, stating that she had been appointed as such by the Board of Selectmen until a full board was present or until September 2 1991 whichever came first. Her resignation was accepted, and she will advise the Board of Selectmen.
   
   
3. INDUCTION OF NEW MEMBERS: At the request of Bill Parker, Lorraine reviewed with all members a large package of information she had put together as a means of educating the new members to the workings of the Commission and thus making those members valuable in a short period of time. All members were provided with a copy of the NHACC Handbook and a copy of the Conservation Plan, a list of members' names, addresses and telephone numbers, name tags for easier identification until members become familiar with one another, and a binder of Members Information which Lorraine had prepared. This consisted of various ordinances, rules, regulations, policies and other information which the new members need to know. Because of the cost and time involved in the preparation of these binders, it was agreed that these remain the property of the Commission and not of the individual members so that they may be returned when a members resigns and passed on to the nextnew member. Members were also provided with copies of the Minutes of meeting from January I to March 31 1991. Lorraine also reviewed with the members details of the various financial accounts operated by the Commission, and a review of the Budget Expenditures for the first three months of 1991 was done. Because of the time involved in this review process, no other Agenda items received attention. These will be taken up at the next Commission meeting. As a result of this review process, various decisions were made as follows.
   
   
4. SIGNATURES FOR FINANCIAL DOCUMENTS: Hub Seward put a motion on the floor and it was seconded by John Kenison and voted unanimously in favor of the motion to use the signatures of Bill Parker, Chairman and/or Bob McEttrick, Vice- Chairman on all financial documents. Lorraine will obtain the necessary paperwork from the Milford Cooperative Bank for this process. She will also enquire into automatic renewal of Certificates of Deposit.
   
   
5. PLANNING BOARD/M.C.C. AGENDA ITEMS: Steve Turner, as a member of the Planning Board requested time at the next Commission meeting for him and Norm Erikson chairman of the Planning Board, to discuss various items of mutual interest to both boards. This is scheduled for 7.30p.m. on April 25 1991.
   
   
6. EARTH DAY/TREE PLANTING: Bill Parker stated he has been in touch with Joanne Turner relative to the planting of two crabapples at Osgood Pond Park as part of the 1990 Tree Project, and Joanne is in the process of organizing the Scouts who will be doing the planting. Lorraine put forward the suggestion that the cost of these two trees be paid out of the Accumulating Fund which contains the unexpended portion of the Commission's 1990 Operating Funds out of which this payment would have been made had the trees been purchased last spring as originally planned. Bob McEttrick put a motion on the floor and it was seconded by Hub Seward and voted unanimously in favor, to authorize payment of these two trees out