Members Present: Mary Anne Broshek, Alan McIntyre, Jerry Hersey, Tina Cotton, Jenny Bodwell, Jesse Schust, Lee Wells

The Plan is to present the Ordinance to the Planning Board (PB) next Tuesday, Nov 12 – 7:30.

Discussion of Wetland Ordinance:Buffers:  comments from Earle Chase and Sandy Crystall: Do we present the draft using the scientifically justified buffers or do we assume a smaller buffer may be more acceptable to Town residents? 
Motion made by Mary Anne: leave the buffer size as written, and as justified by scientific research.  Seconded by Jenny: all in favor. The public hearings will determine the will of Town residents.

All ordinances are ballot votes so there is no additional discussion at Town Meeting.  Once the public hearings occur, revisions are made to the ordinance that reflect the public hearing comments.

The ordinance allows landowners to get conditional use permits for many practices; however, there is no exception for the requirement that primary residences are not allowed in buffers.

Once the draft ordinance is presented to the Planning Board, they will decide if they want to proceed.

Section VIII B 4 & 5. Permitted Uses
The model ordinance says forest and agricultural practices are permitted if “best management practices” are being used.  This raised the question: how do you know if best management practices are being used? There will be times when it will not be possible for a town board to determine if a practice is threatening a wetland. We changed section XIII, B,2 to say that the Planning Board could request help from the CC in securing a wetland scientist if needed.

Identification of Buffer XIII B.
We agreed a wetland scientist is not needed in all circumstances. Earle Chase suggested a number of triggers for when a wetland scientist might be involved and  we have included them in new section XIII, C. The Planning and Select Boards need to be involved in finalizing this list.

The ordinance doesn’t apply to vernal pools until they are delineated (mapped). Does the ordinance apply to what is mapped or what is actually “on the ground”? If a wetland scientist determines an area is a wetland and uses the NHDES rules to establish the boundaries, it is then added to the map and falls under the requirements of the ordinance.   This process is in the ordinance. The maps are only a guideline.

Definition of Vegetated Buffer:  Earle Chase stressed that the buffers must be marked or there will be encroachment. Aside from this ordinance, we must mark the prime wetland buffers at Bog Pond and White Oak.  Jesse will research metal markers which state “wetland buffer”. Boundary line markers should be visible from one marker to the next and remain for the duration of construction. Section XII, A and A,5 and Section XIII were changed to incorporate this decision.  Note that Section XIII says that markers can be obtained from the town so we need to have a supply available.

Overlay Boundaries, Impoundments and Ponds -Sections V, C and  X,C. 3. These sections of the ordinance have been revised to clarify that pre-existing ponds are exempt and the creation and maintenance of ponds is regulated by NHDES.   A goal of this ordinance is to not include something already regulated and that has a permit by NHDES. If landowner gets a permit from DES for ponds or septic systems, we accept that as meeting the ordinance.


Shoreland Water Quality Act – Earle suggested that having additional restrictions for the Shoreland Water Quality Act would be confusing and that enforcement would be difficult. Motion made by Mary Anne to remove section 14C, Additional Restrictions to Shoreland Water Quality Protection Act. Seconded by Jesse: all in favor.

At Earle’s suggestion, we added not using hay mulch for re-vegetation.   This is to avoid spreading unwanted or invasive seeds.

We did not include anything about reclamation work at Bog Pond.

We will send the color coded copy of the ordinance to Nancy Teach so she knows where the various elements came from.

At Planning Board Meeting

•Mary Anne will explain the work and research that went into writing the ordinance, and that an important goal is to make it acceptable to the town.  The base for this ordinance was the model ordinance in the innovative land techniques book. Added to this was information from the 1997 Guidebook to Municipalities and sections from other towns.  All proposals are supported by wetlands ordinances in other towns and by scientific research.

•Sandy Crystall has offered to come to a planning board meeting to answer questions.  She is a wetlands expert at DES, a member of her town’s planning board and conservation commission. 

•State law used to include a 100-foot buffer for prime wetlands, which was removed.  Many towns have introduced ordinances that provide a buffer for wetlands.

•The top 10 functions of a wetland will be given to the Planning Board.

Reminder: next meeting: Barbara Richter will be here.  We will also have a possible new member, whom we can vote on.

Move working on mapping until the December meeting.

New mapper on DES: one stop wetlands planning mapper shows wetlands and all permits granted.

Year end expenditures:  Jenny will look at tools, Jesse will look at markers

Motion made by Jesse seconded by Jenny: to approve all the changes to the ordinance that we discussed at this meeting, seconded by Jenny. Mary Anne will make changes and edits as discussed: all in favor. 

Motion made by Jenny to adjourn, Alan seconded, all in favor.  Meeting adjourned at 7:30 PM.