MADISON CONSERVATION COMMISSION

Minutes

February 11, 2010

Regular Meeting

Members Present: Michel Benoit – Selectman, Ralph Lutjen, Marcia McKenna, Edith McNair, Marc Ohlson (7:35 PM), and David Riss - Chair

Members Not Present: Brian Fowler and Beverly Klitsch

Others Present: Donna & Michael Veilleux, Robbin Rancourt, Fred Ham

Meeting Agenda Posted: 01/27/10 at Madison Town Hall, Madison Post Office, and Silver Lake Post Office

CALL TO ORDER: Dr. Riss called the Meeting to order at 7:06 P.M.

APPROVAL OF MINUTES: The minutes of the regular meeting of January 7, 2010 regular meeting were unanimously approved as presented.

PUBLIC COMMENT: Mr. Ham expressed concerns regarding the safety of people using the trails on the Town Forest property near the old Lead Mine leading to a potential liability to the town. Due to heavy rains this year, the mine water level has risen even with the ground, giving the appearance that the ground is frozen and hiding the open mine shaft. He strongly recommended placing four signs that would alert people to the danger. He stated that if the Conservation Commission chose to not sign the area, he would notify the town’s liability insurance carrier of the situation.

General discussion ensued, including the statute protecting property owners from liability issues of people using trails. In addition, the commission and Mr. Rancourt felt that by signing the area, the town would then have continual maintenance issues and a greater liability. A motion to spend up to $200 to make and post four signs with the approval of the Board of Selectmen was not seconded. It was agreed that the Commission would ask the Selectmen to contact the town’s insurance carrier to determine what action might be needed, if any.

OLD BUSINESS & CONTINUING PROJECTS:

              Veilleux Advisory Worksheet: Mr. & Mrs. Veilleux provided a building schedule and the impact on the town property. Mr. Ohlson & Mr. Fowler provided a list of recommendations that should be considered by the Board of Selectmen during and after the building project. There was agreement for the following:

• Removal of fourteen poplar trees: Mr. & Mrs. Veilleux felt the trees were hazardous and requested a March removal. This item will be treated as a separate request from the building project. Although the Commission did not necessarily feel the trees were in imminent danger of coming down, Ms. McKenna moved, seconded by Mr. Lutjen, to recommend to the Board of Selectmen that the Veilleuxs be allowed to remove the trees after signing a liability waiver holding the town harmless from all damage and personal injury. In addition, the understory will be restored to its original state prior to tree removal. Motion passed.
• Site Work: The well drilling is scheduled for April. In May the existing structure will be removed, the foundation dug and poured, and the septic system installed. The Commission will recommend signing of construction and liability waivers during this process. There will be no trucks over the access during mud season and remediation of the access road will be required during and after the construction process.
• Signage and Lot Demarcation: The Veilleuxs will place their house sign at the entrance to the access road. The gate to be installed by the Commission beyond the Veilleux house will have a ‘no parking’ sign on it. The existing corner markers will be permanently maintained by Mr. & Mrs. Veilleux.
• Utilities & Construction: The utilities will be buried during June, followed by house construction. The construction and liability waivers will be continued, to include a hold harmless clause for damage & theft to materials stored at the site. Mr. Rancourt suggested burying the utilities deeper than required to avoid problems with heavy trucks going over the road and right-of-way. Much discussion ensued regarding the maintenance of the right-of-way during the entire process and in the future. The access road is used as a logging road by the town and therefore not in typical “driveway” condition. Several commission members felt the town bore no responsibility to upgrade the road or maintain at the same level if the Veilleuxs improved the road. However, after further discussion, it was agreed that should damage occur, the road would be brought back to the same or better condition at the time of damage; this would apply whether the damage was done by the Veilleuxs or the town.
• Miscellaneous: It was agreed to that Mr. & Mrs. Veilleux and the Commission would meet annually to review the agreement and any issues. Immediate concerns would be brought to the Conservation Commission and forwarded to the Board of Selectmen as needed. The boundary line agreement will be part of this overall Letter of Agreement. References to statutes will be included where applicable. The town and Mr. & Mrs. Veilleux will have legal counsel review the draft document as each feels necessary.

              Deer Trot Lane Deed Correction: Still pending; property owners have not responded to numerous letters to sign the corrected deed.

              Madison Boulder: The Board of Selectmen has signed the agreement. An Advisory Commission was established as well as an account for receiving donations and expending funds. The first meeting will be February 17, 2010 at 7:00 P.M.

SELECTMAN’S REPORT: Mr. Benoit reported that the budget hearing was held and several warrant articles were heavily discussed, including cemeteries and capital expenditures for the Fire Department. Mr. Ohlson stated appreciation for the fiscal care shown by the Selectmen. Dr. Riss noted that there were still some objections to the conservation budget in regards to water testing and urged members to speak up at town meeting.

PLANNING BOARD REPORT: A preliminary boundary line adjustment was reviewed. An abutter to a condominium conversion application approved last June has raised some concerns over the conditional approval which has necessitated legal counsel assistance. The master plan work will be finalized, including adopting the conservation chapter. Mr. Ohlson noted that after town meeting there will be two open spots on the Planning Board.

NEW BUSINESS

              2010 Goals & Projects: Mr. Ohlson agreed to contact property abutters to the Cascade lot in an effort to improve the access, possibly via a boundary line agreement. Mr. Rancourt suggested establishing a trail maintenance schedule for the Town Forest property. There was general discussion regarding the use of Land Use Change Funds and the best way to contact potential property owners.

              Composting Bins: Ms. McKenna initiated discussion regarding the purchase of twenty bins at $42 each for sale at the recycling center. It was noted that this item had not been included in the budget. She will investigate advertising the bins on the web site and at town meeting, to raise the money in advance of the April 1 deadline.

              Street Lights: Mr. Benoit reported that the decisions have been made to remove 33 of the 57 lights, but no implementation process has been started.

              Dredge & Fill: Ms. Huff reported receipt of a Standard Dredge & Fill application for Silver Lake Realty Trust to replace an existing stone wall. There were no issues with the application.

              Lead Mine Road: Mr. Rancourt suggested re-routing the trail to go up to the top of Jackman Ridge. There was uncertainty whether the heirs could change the deed restrictions, which includes no new trails.

OTHER BUSINESS

              Election of Officers: Mr. Ohlson moved, seconded by Mr. Benoit, to nominate and approve David Riss as Chair. Dr. Riss accepted; motion passed. Mr. Ohlson moved, seconded by Mrs. McNair, to nominate and approve Ralph Lutjen as Vice-Chair. Mr. Lutjen accepted; motion passed.

ADJOURNMENT:  

There being no further business, the meeting was adjourned at 9:16 P.M.

The next Regular Meeting is March 4, 2010 at 7:00 P.M.

Respectfully submitted,

Wendy J. Huff

PB Administrative Assistant

Minutes Approved: March 4, 2010

Corrections: none