Tuftonboro Conservation Commission (TCC) Minutes

Regular meeting of August 20, 2007

Members present: Mike Phelps, Dawn Evans, Barbara Garabedian, Win Wood, Jerry Light, Gary Chehames, Dave Durnam

Visitors: Lane Evans, Jake Evans, Betsy and William Frago, Barbara Jones, Mark Meehan

Chairman Phelps opened the meeting at 7:30 PM

Items Discussed

Boy Scout Project-Following up from last month’s meeting, Jake Evans presented a budget for his bird watching stand project, totaling $1252.52, and construction details of the walkway and stand. He plans to ask local businesses, as well as the Lions club, for contributions. The CC has $600 in unused funds from it current budget. Gary moved that the board contribute $600 with the proviso that it not be released until matching funds are secured. The motion was seconded and carried unanimously.

Hopgood Family Trust-Mrs. Jones attended the meeting as the representative of the Hopgood Family Trust, owners of shore front property along Bixby Shores. Mrs. Jones requested that the Commission review its recommendations to the DES concerning the trust’s last application for a four slip, nonconforming replacement dock system and breakwater. She gave an explanation of the Trust’s needs for such a system, centering largely on the need for a safe navigation pattern and boat docking. She also included a summary of objections by her neighbors (the Fragos) of the proposed dock system and breakwater and presented her rebuttals, and she presented the history of previous approvals given by the DES that were allowed to lapse by Mr. Hopgood and/or the Trust for unclear reasons.

In response to Mrs. Jones’ presentation, Mr. Frago was given the opportunity to reply. Mr. Frago does not believe that the Commission should reconsider its recommendations pursuant to Mrs. Jones’ request. He believes much of Mrs. Jones’ presentation included erroneous, false information, and specifically, that unsafe navigation and docking conditions do not exist in and around Bixby Shores. Mr. Frago also expressed his concern with regard to a potential increase of boat traffic crossing over the imaginary projection of his northerly property lot boundary into the Lake.

Upon conclusion of both presentations, Mrs. Jones, and Mr. and Mrs. Frago left the meeting. Chairman Phelps then recited the Commission’s prior recommendations for reference, as follows: the Trust’s shorefront does not face DES recognized wind fetch area, so a breakwater is not needed; the docks are to be perpendicular to shore frontages because such orientation is required by the DES; and the Trust will need to present a “grandfather” certification supporting nonconforming docks.

The following discussion then took place: The Commissioners unanimously agreed they should consider only the facts of the Trust’s application, current DES regulations for dock and breakwater systems, and information presented Mrs. Jones on behalf of the Trust and by Mr. Frago as directly applicable to such facts and regulations. Then, some of the Commissioners expressed their first hand knowledge of navigation and wind conditions in and around Bixby Shores. It can be windy and navigation, particularly when docking, can be problematic. It was noted that breakwaters do appear in non-DES recognized wind fetch areas because some of the applicants collected special documentation acceptable to the DES that supported excessive wind and wave action. The Commissioners then noted that no grandfather certification has been completed, and thus, the proposed dock structure can only be a conforming one, which currently is a three-slip structure of a smaller size. This was of concern to a few of the Commissioner’s because the proposed dock structure is seemingly large. Then it was noted that some breakwaters and dock structures on the Lake could be observed to be set at angles that are not always perpendicular to shore frontage. Further, it does not appear that there is any environmental consideration to be served by maintaining a perpendicular alignment. Finally, it is perhaps reasonable for an engineer to try to have a breakwater face perpendicular to the prevailing wind.

The discussion then became directed more towards the issue of safety. It was noted that offsetting the cribs supporting two parallel docks can conceivably act as blockage to wave action affecting a boat tied up between the two docks. Secondly, engineers who design dock systems can produce designs that are safe and meet DES requirements, and if the DES approves such designs the Commission should allow them. Finally, individuals have different abilities to deal with wind and wave action when docking their boats.

Based on the foregoing discussions, Chairman Phelps will write a letter to Mrs. Jones reflecting the following decisions of reconsideration that were agreed to by the Commissioners: (1) The Commission feels the Trust’s proposed plan has one too many slips for 150 feet of shore frontage and that the proposed docks are nonconforming in size. The Trust is entitled to have only three slips and the docks should be conforming ones. (2) If the angle of the dock system is engineered to enable a safe docking pattern and meets DES requirements, it will be acceptable to the Commission. (3) If a breakwater can be justified by documentation acceptable to the DES that supports problematic, unsafe wind fetch conditions, then the DES’s approval can prevail. 

Wolfeboro Water Treatment Plant (WWTF) – Mr. Meehan was present to discuss his boundary issue with the engineers for the WWTF, the Wright-Pierce Company. This is the application for the improvements to the “woods road”. Mr. Meehan informed the Commissioners the Wright-Pierce surveyor states that his boundary follows barbed wire stuck in trees, and thus is really not a true survey. They are citing an old deed, describing trees planted in 1920s, whereas his trees were planted in the 1950s. Mr. Meehan says some plans show the road going onto his land. It isn’t specified exactly where the starting point of the 150’ line referred to is. The road is within a few feet of pond.

Mr. Meehan said Wolfeboro and Wright-Pierce are not spending the money to research the real boundaries or the road’s impact. The roadway along Sandy Knoll Road, which is the road they are currently using, would not have an impact on pond. Mr. Meehan does not know why the property owner does not want that road to continue to be used. All the Commissioners agreed with Mr. Meehan on this point. Mr. Meehan then stated that Tuftonboro could encourage Wolfeboro to improve Sandy Knoll Road, which would be an environmental advantage to Tuftonboro, whereas only the Whittens will benefit if the “woods road” is improved (presumably to be used for logging access). Mr. Meehan also stated that he is still not aware if a formal agreement is in place between Wolfeboro and the Whittens because the Whittens are not listed on the application. The Commissioners agreed with Mr. Meehan’s observation. Chairman Phelps said the Commission is still waiting for more information from Wright-Pierce. Finally, it was suggested to Mr. Meehan that he should work with his attorney and seriously consider commissioning his own survey of his property line.

Appeal of WWTF upgrade project- Following Mr.Meehan’s comments, there was discussion of the Commission’s notice of appeal letter to wetlands permit application #2007-01665. The Commission’s position is that the FNSI effectively applies to all of the four current permit applications. A copy of the appeal letter will be sent to David Ford, Director of Wolfeboro’s Public Works Department.

Permit Application Matters

APPROVALS

File #2007-01086 Tax Map #2-65

Jack and Joyce Munsey

File #2007-00919 Tax Map #2-1-75

Alice Frederick Trust

File #2002-01238 Tax Map #61-1-4

Deborah and Ronald Harrison

Repair breakwaters, dock, replace existing boathouse

File #2007-00816 Tax Map #37-1-24

Karen Beane

Pending Governor and Executive Council approval.

PERMIT BY NOTIFICATION

Tax Map #2-1-7

Robert Murley

Replace existing culvert, install second culvert.

File #2006-03032 Tax Map #37-1-6

Tim and Noelle Heckman

Folsom Design Group presented a new “proposed plan” to include changes discussed.

Revised plan to relocate seasonal pier, install new pier, behind high water mark

Notification of Routine Roadway and Railway Maintenance Activities to DES, regarding

roadside ditch maintenance in Melvin Village

INCOMPLETE PERMIT BY NOTIFICATION

File #2007-01661 Tax Map #25-2-157

Jeanne Prewitt

DES requests more complete plans

File #2007-01656 Tax Map #38-3-8

Jane O’sullivan

VIOLATIONS

File #2007-01616 Tax Map #51-1-1

Laine Jones

Disturbed shoreline without DES permit or authorization.

Correspondence

Lake Winnipesaukee Watershed Association asking for donations.

Alteration of Terrain permit application- the Wolfeboro Effluent Project.

Global Warming & Energy Solutions conference Oct.13-14 in Manchester.

Complete Forestry Notification for James Dunn- Canaan Valley- old Stockman property- cutting lumber

Other Business

Libby Park easement was signed

Representative from the Commission needed for Tuftonboro-Wolfeboro Land Bank;

Dawn volunteered

Property next to Cheney Farm has a new for sale sign; Chairman Phelps will ask owners if they would be interested in an easement. This would give them tax credits. There is a matching fund available that might make it possible for the Town to buy the property.

Commissioners asked if Commissioner Wright is still interested in being on the board.

Motion by Dawn Evans to adjourn, second by Win Wood, carried unanimously at 10:15 pm.

Vicki Kinnaman

Conservation Commission Secretary, 10-15-07