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Minutes 08/19/2010
Town of Rye
Conservation Commission
Meeting
Thursday, August 19, 2010

7:00 p.m.
Town Hall Courtroom



Members Present:  Chairman Raynes, Vice-Chair Douglas Bordewieck, Jeff Gardner, Mike Garvan and Lynn Joslyn.


  •  Call to Order
Chairman Raynes called the meeting to order at 7:03 p.m. and led the Pledge of Allegiance.


  •  Approval of Minutes:  (action required)
        Minutes of Meeting – July 15, 2010

Motion by Mike Garvan to approve the Minutes of July 15, 2010 as presented.  Seconded by Douglas Bordewieck.  All in favor.


  •   Wetlands:
  • DES Letter – Morgenstern – Maple Street
A letter from the Conservation Commission was sent to DES regarding the Morgenstern property located on Maple Street.  The Commission requested that no activity occur in the wet areas and any activity that has already occurred be restored to its original condition; such as, the driveway.  
Receipt of the letter has been confirmed by the DES.  The DES has accepted the Wetlands Application and it is administratively complete.  The Conservation Commission letter will be put on file with the application.  Chairman Raynes will follow up with Dory Wiggins who will be handling this case.

  • Building Inspector Letter – 40 Alehson Drive – Jones
DES has sent a letter to James Jones regarding an inspection that was conducted at 40 Alehson Drive.  The purpose of the inspection was to determine compliance with RSA 42; A, and applicable rules adopted under the Statute.  As a result of the inspection it was determined that the deficiencies have been corrected.  DES has closed the enforcement file regarding the property.

Susan Labrie, Building Inspector, has issued a letter to James Jones for property located at 40 Alehson Drive.  The letter stated that the Conservation Commission has conducted a review of the property and have requested a landscape plan.  It was the Commission’s decision that the existing plantings were not sufficient to establish a buffer zone and protect the wetlands.  The landscape plan was requested by August 13th.  The letter went on to explain the Wetland Regulations of the Town.  

At this time, there has been no response from Mr. Jones.

The Commission will follow up with the Building Inspector.

  • Chris Smith – 21 Wallace Road
Chris Smith did not show for the Conservation Meeting.

The Commission will be working with Susan Labrie on this case.

  • Town Forrest – Invasive Project
Charlie Marino is working with Tracey Degnan on this project.  He is working on two areas in the Town Forrest.

  • A Work Session will be set up for September 18th and September 25th.  Volunteers will be needed for those days.
  • Discussion – Maintenance on CC owned Land:
                Awcomin’, Town Forrest (Varrel Woods), Seavey Acres, White Horse, Airfield

Chairman Raynes has requested Tracey Degnan and Charlie Marino to review different areas of the Town Forrest, regarding maintenance to the properties.  A report will sent back to the Commission regarding a plan for these areas of the Forrest.  The areas to be reviewed are Varrel Woods, Seavey Acres, the Rye Airfield and the land in back of White Horse.  Chairman Raynes suggested the Commission conduct a site walk in September.  

  • Site Walk – September 19th
  • Rye Harbor Realty, LLC -  Conservation Easement
Attorney Peter Loughlin, representing Rye Harbor Realty, LLC, addressed the Commission.  He spoke in regards to the development of the Saunders Property.  He gave a history of the project to the Commission.  Rye Harbor Realty is granting a Conservation Easement, to the Town, on part of the property that is located across the street from what is now known as Saunders Restaurant.  Part of the Planning Board Approval was conditioned upon an easement being given to the Town or the land being protected through a Declaration of Covenants.  Michael Donovan, Town Counsel, requested the Easement be reviewed by the Conservation Commission.  This has been reviewed by the Commission’s Attorney, Chris Keenan and all final changes have been made.  Attorney Loughlin asked the Commission if they would like to accept this Easement on behalf of the Town.

Chairman Raynes asked the location of the Easement.

Attorney Loughlin explained the location of the “viewing area”.  This is the area to be granted to the Town.

Chairman Raynes asked who would be responsible for maintaining the trail.

Attorney Loughlin stated that the Homeowners’ Association would be responsible for maintaining the trail.

Chairman Raynes stated that protecting this area, being so close to the marsh, is very important to the Commission.

Attorney Loughlin explained that approval has been given by the BOA and the Planning Board.  There are thirty-two (32) conditions and twelve (12) have to be met before the Chairman of the Planning Board can sign.  The last condition of the twelve is to have the Conservation Easement approved by the Conservation Commission.  

Chairman Raynes asked about the phragmites on Mill Lane.

Attorney Loughlin explained that there was concern on the visibility coming out of Mill Lane.  It was determined that Rosa Rugosa was blocking the view.  Rye Harbor Realty has agreed to take the responsibility of trimming that back.  The responsibility will be carried forward in the Homeowners’ Agreement.

Chairman Raynes stated that the buffer would be important to the Commission in holding the Easement.

The Members of the Commission agreed.

The Commission agreed to move forward with the Easement.


  •   Land Update
  • Goss Property – Barn Tour
  • Chairman Raynes gave an update on the Barn Tour for the Goss Property.  
  • The Conservation Easement Deed has been reviewed and this acquisition is moving forward.  NRCS is aware that Rye Conservation Commission would like to close on the Goss Property before November.  A closing should happen before the end of October.
  • Herlihy Land
  • Alex Herlihy would like to donate 4.25 acres to the Conservation Commission.  This land is located off of Washington Road.  Chairman Raynes will meet with the Selectmen on this.
  • Remick Property
  • Chairman Raynes gave an update on the acquisition of the Remick Property.   

  •   Bills
  • Chris Solberg, 571 Brackett Road – Removal of phragmites from Fair Hill Marsh (NRCS to reimburse 75% - Tracey Degnan to get remaining funds covered).
                Amount:  $4,500

Motion by Mike Garvan to pay Chris Solberg in the amount of $4,500.  Seconded by Douglas Bordewieck.  All in favor.

  • Rockingham County Conservation District – Moose Plate Grant Application Services – Tracey Degnan  (To be submitted October 1st – For the High Tunnel)
        Amount:  $1,500

Motion by Douglas Bordewieck to pay Rockingham County Conservation District in the amount of $1,500.  Seconded by Mike Garvan.  All in favor.


  •  Correspondence
  • Southeast Land Trust – Update on information
  • Society for Protection of New Hampshire Forrest – Amending the terminated Conservation Easements
  • Adjournment
Motion by Mike Garvan to adjourn at 9:10 p.m.  Seconded by Douglas Bordewieck.  All in favor.




Respectfully Submitted,

Dyana F. Ledger


 
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