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

This special meeting was called to discuss and work on the draft of the Wetlands Ordinance.  Prior to the meeting, members were provided with:
the draft wetlands ordinance with comments by Sandy Crystall (NHDES) and:
a list of recommendations to vote on which included items listed in the April 2019 minutes,  information pulled from the Andover Natural Resources Inventory and recommendation from Tina Cotton previously sent in July. 

Mary Anne has discussed the wetlands ordinance with wetland scientist, Earle Chase, and he has offed to review the wetlands ordinance.

Time Frame proposed by Mary Anne:

Mid-September: Earle will hopefully be done with his review

Sept 30:  have our final draft to submit to planning board.

End of year: completed document ready for public review.

Mary Anne has offered to Nancy Teach that CC members can come to a planning board meeting and CC can make arrangements to have a wetlands scientist come in to speak to Planning Board..

The CC reviewed the main comments from  Sandy Crystall concurrently with the list of recommendations noted above.

CC members agreed to the following recommendation in the draft:
Buffers: 

100 feet for vernal pools- this was increased from the 50 foot limit in draft due to the recommendation of Sandy Crystall.    Sandy provided Mary Anne with a number of research documents that substantiated the 100 foot buffer for vernal pools- notably a research document on best practices found at Best Development Practices- Conserving Pool-Breeding Amphibians in Residential and Commercial Developments in the Northeastern United States.

www.nae.usace.army.mil/Portals/74/docs/regulatory/VernalPools/BestDevelopmentPractices20Oct2014.pdf

CC members agreed that we need to do more education about vernal pools and begin a process to map them.

150 feet for prime wetlands-

100 feet for surface water.

Setback for primary structures – We agreed that primary structures cannot be built within the buffer.

Wetland scientist involvement in building permits: If a lot includes a wetland, surface water, vernal pool or their buffers or borders such,  it is required to have a wetland scientist delineate the wetland before a building permit can be granted for a primary structure, driveway or septic system. The wetland scientist will determine if the requirements of the ordinance are met.

The overlay map of wetlands will be used to determine if the wetland scientist must be involved.  We need to check on when a building permit is required.

It was noted that if property owners want to do something in a prime wetland that they have to go through public hearing with the DES wetland board.   We also noted that many property owners might not be aware of prime wetlands and the overlay map created as part of this ordinance will be a helpful tool.

The Planning Board may require a site visit/review by a wetland scientist at any time.

Lot size Calculation:  For subdivisions created after the effective date of this ordinance the lot size will not include the wetlands, surface waters and vernal pool and their buffers in the buildable lot calculation.  The draft proposed that just the wetland, vernal pool and surface water be removed from the calculation of lot size. Sandy Crystall recommended that, since we are not allowing primary structures in buffer areas, that the buffer area also be excluded from the calculation.  CC members agreed with this recommendation from Sandy.

Impervious surfaces – The percentage of impervious surfaces withing the wetland overlay district  may be limited by the Planning Board. CC members agreed that this is an important option to provide to the Planning Board.

Shoreland Water Quality Protection Act(SWQPA) – The protection found at RSA 483, is enforced by the State.  Towns have the ability to strengthen the requirements of this RSA. NH Lakes recommended that our ordinance increase the grid point calculation in the waterfront buffer from 25  to 50 points. Jay Aube at NHDES recommended that the unaltered percentage in the natural woodland buffer be changed from 25 to 50%. CC members agreed with both of the recommendations

We noted that we wish to keep the State enforcement of water bodies covered by the SWQPA.   Primary structures cannot be built within 100 feet of shoreline. An outstanding question to Jay Aube at NHDES is confirming that the state will enforce the stricter limits set by the town.

Buffers for Bog Pond and White Oak- The Andover Selectboard had granted 50 foot buffers for gravel excavation for the prime wetlands in these two areas.  Members agreed that our intent is to respect and grandfather this 50 foot buffer until such time as gravel excavation is completed or the Selectboard grants a greater buffer at which time the buffer will increase to the 150 feet required in the ordinance or the greater buffer granted by the Selectboard.

Drinking water supply ordinance- CC members agreed that when the wetlands overlay ordinance is submitted to the Planning Board that we will also provide the PB with the DES model ordinance on protecting drinking water and recommend that they adopt such an ordinance to protect Bradley Lake.  Members were also concerned about the protection of aquifers from the pumping of water by corporations like Nestle’s and feel that a prohibition like the one done by Nottingham) is necessary to protect Andover wells.

Alan provided  Nottingham’s ordinance that was drafted to protect drinking water supply
www.greenpolicy360.net/w/Nottingham,_NH_Water_Rights_and_Self_Government_Ordinance.
   
Other Issues and questions:

New definitions needed for : vegetative buffer, impervious surfaces and reference line.

What is the process for building a pond and does it get added to the map?  Are they considered surface waters? Which ones will be considered exempt?

Tina provided a number of best practices  from the Natural Resources Inventory. We decided that these items would not become a part of the ordinance but would be become an Andover best practices fact sheet that would be provided to property owners.

Tina recommended an addition to the ordinance that was approved by all members:
Andover has 40.09 square miles of land area and 0.96 square miles of surface water area, including wetlands.

Jenny and Tina provided marked up comments on the draft ordinance.  Mary Anne will review and revise as necessary. Mary Anne will also incorporate the additional comments provided by Sandy.  These comments will be highlighted and a new draft sent to CC members.

9 PM motion made to close the meeting.