Conservation Commission Meeting October 11, 2007

My apologies for the delays this week. It's entirely excusable in my opinion, as I have been involved in a trial the entire month of September. As some of you may know, I represent the City of Nashua in its efforts to acquire the Pennichuck Water Works. There was a recent editorial in the Nashua Telegraph supporting the City's efforts here. To say I have been working "day and night" on this would be an understatement.

I was unable to complete the agenda and package this evening (10-8-2007) but I hope to have the agenda and package live tomorrow. Stay tuned.

Our meeting looks to be a busy one. Most noteworthy, the PDA appears set to challenge the prime wetlands designation approved by the NHDES in January 2006.

Hope you enjoy the picture below from the Town's annual Septemberfest.

-Justin

Correction and Update

My last post identified the small whorled pogonia as the endangered species adjacent to the Farley White project. In fact, it turns out the species is the bulbous bittercress, pictured below.

I understand that at a recent planning board meeting, the PDA indicated it intends to disregard the prime wetlands designation, leaving the Conservation Commission with little choice but to seek to uphold its designation.

Under RSA 12-G, the PDA adopts its own zoning regulations and projects are reviewed by the Newington Planning Board but under PDA regs and not those of the town. The PDA has no wetlands regulations in place. When I last checked a year ago, the word wetlands is mentioned a total of two times in its site plan and subdivision regs. There are no buffers, setbacks, or other requirements related to wetlands on PDA property.

The Commission meets again the second thursday in October.

-Justin

Conservation Commission Meeting on September 6, 2007

The Commission will meet on September 6, 2007 at 7 PM at the Town Hall.

There are two relatively minor wetlands projects on the agenda, and an expansion of an existing commercial facility on Pease located on Arboretum Drive. The project is not without controversy: it is adjacent to a wetland on Pease that the NH Department of Environmental Services approved as a prime wetland. Unbeknownst to the Town, the PDA subsequently obtained a letter from its attorney at the NH Department of Justice stating that the prime wetlands designation was an invalid local land use control on the PDA property. The Commission is not convinced and, if an agreement cannot be reached, the dispute could end up in the legal system. A copy of the letter is contained in the package that can be downloaded here. [The package is 5 MB this month, my apologies].

The wetland in question contains an endangered plant species, the small whorled pogonia, [EDIT: This is incorrect, see subsequent post.] so the question is not merely academic. However, based on a preliminary look at the plans, it apears that the parking lots are located outside the 100 foot buffer for prime wetlands. According to the project engineer, the only portions of the project within the buffer are stormwater management facilities and they are located 25 feet from the wetland. This needs further review, but hopefully the project can move forward without any impact on the pogonias.

Further information is contained in the package. Feel free to come to the meeting. Unfortunately, I am in a trial for the entire month of September beginning on the 4th, so I am unlikely to be there.

-Justin

Newington Cons. Commission Agenda for August 2, 2006

It's late so I won't spend much time elaborating on the Newington Conservation Commission's agenda for August 2, 2007.

You can download the agenda and the information package here. The agenda looks fairly busy.

Of particular note, the Commission will consider taking steps to have the Town adopt regulation of discharge of stormwater pollution. This is the leading cause of non-attainment with the State's water quality standards and a major source of pollution in Great Bay and the Piscataqua River. Representatives from both the New Hampshire Estuaries Project and the New Hampshire Department of Environmental Services, Coastal Program will be present for the discussion.

Please come to our meeting at the Town Hall at 7 PM on August 2, 2007 to learn more.

Back from Vacation

My apologies for the lack of updates this month. I managed to get away from the office and the computer for a good part of July.

First I'll share some vacation pictures and, later today or tomorrow, provide the agenda and package for the Newington Conservation Commission's August 2, 2007 meeting that are being finalized today.

The picture on the left was taken at the mouth of the Saco River near Biddeford Pool, Maine.

On the right are Elsa and Josephine enjoying their second and first boat trips. Their friends Julian and Vivian (green hat) came along for the ride as well. Elsa asked repeatedly "Can we go fast again Daddy?". I was forced to oblige :)

Elsa at the helm, Julian on the watch!.

My apologies to those of those of you with boating experience that otice a major safety violation. In my defense, we were at least at anchor (not that it matters) and I did not realize the life vest was off until I was looking back at the pictures.

Did I mention that blackberries were in season?

Enoy!

-Justin