SELECT BOARD MEETING MINUTES February 24, 2020 PAGE 1 Board members present: Chairman Bugbee, Selectman LaCourse and Selectman Brown Others present: Bill Humm, Hannah Legard, Anne and John Tappan, Dave and Bea Hebert, Catherine Fisher, Deb Sugerman, David Cedarholm, Scott Grumbling, Sasha Pietkiewicz, Brian Cisneros, David Stafford, Deborah Fisher, Wendy Fogg, Steve Haendler, Karen Kilcup, Suzanne Hebert, Randy Stevens, Ricky Stevens, Chris & Jon Moss, Barbara Locke (Barrington), Wallace Valley, John Shea, Kristy Stevens (Newmarket), John Levis, Caren Rossi, Town Administrator Julie Glover and Town Secretary Denise Duval. 1. Chairman Bugbee calls the meeting to order at 6:31 pm. 2. Chairman Bugbee opens the meeting up to public comment. Brian Cisneros, Wadleigh Falls Road, said he is available to answer any questions the Board may have with regards to how the new middle school will affect the school budget for the 5 years. David Cedarholm, Fox Garrison Road, reads his statement. In summary, he states that he offers his support to the Select Board and encourages them to remain steadfast in maintaining their position to not allow structures on conservation easements. He gives his professional opinion on what a structure is and believes that the tree house on Mr. Steve’s easement land is a structure; therefore, it violates the conservation easement that was placed on his land. Richard Levis, North River Road, responds to Mr. Cedarholm’s comment by saying that by his definition of a structure we should take down all the wood duck houses because they would be considered structures also and we shouldn’t tap the trees for sap anymore either if we’re comparing it to the bolting. 3. Deb Sugerman, Conservation Commission member, states that about a year ago Susan Peterson from Lamprey River Advisory Committee approached her and Catherine Fisher about a grant possibility to enhance the Little River Trail located in Little River Park. They wrote and submitted the grant and they were awarded $4,375 to do the following: build a kiosk at the trail entrance to provide information on the natural history of the river; design and place 4 trail posts to help interpret the natural history of the trail; build a small bridge across a stream that bisects the trail to increase visitor access and decrease trail degradation; place 2 posts with a chain and lock along the bank of the Little River at the end of the trail to prevent ATV access; and finally build and place a bench along the bank of the Little River at the end of the trail to increase visitor viewing. Ms. Sugerman presents the Board with the Memorandum of Agreement for the Little River Trail Enhancement for approval and signature. Selectman LaCourse asks where the materials are to come from. Ms. Sugerman states that some will be taken off site such as the wood for the kiosk, posts and bench. She is working with Mr. Bullek and Mr. Quigley on this part of the project. They are hoping to set up QR codes so people will be able to use their phones to read the information. Selectman LaCourse asks about the timeline. Ms. Sugerman says they have started a few things and hope to be done in the fall. Chairman Bugbee asks about insurance coverage. TA Glover states that the people who are getting paid need to provide proof of insurance coverage but all other volunteers through the Conservation Commission are all set. They need to keep a list of those volunteers who are working on the project. Steve Haendler, Lee Hook Road, asks if there is going to be something other than the QR codes for people who might not have cell phones. Ms. Sugerman says yes. SELECT BOARD MEETING MINUTES February 24, 2020 PAGE 2 4. Steve Bullek, Public Works Manager a) Reminds the Board that a few weeks back the Town of Madbury reached out about the possibility of utilizing our Transfer Station. Since then he has had the opportunity to gather more information such as their numbers and what it would cost for them to come here. He asked DES how this would work and they said we would have to redo our permit to operate that we currently have to show us as a Co-op. The only other one in the State is in Pittsfield which takes refuse from Barnstead, Chichester, Epsom and Pittsfield. Mr. Bullek figured out, based on the numbers he had, what Madbury would be responsible for paying. The machines can handle the increase and he has enough people, but the part-time budget would have to increase. If Madbury came here they would do the same thing as Lee residents and bring their refuse to the Transfer Station. Selectman LaCourse asks about the impact on the use of our equipment. Mr. Bullek says that something would have to be worked into the pricing to cover the costs to upgrade the equipment on a schedule like we do. Madbury understands this. Chairman Bugbee would like to see the costs broken out further to show what they will be subsidizing for our costs and what would be additional costs or expenses we will incur if they use our facility. Mr. Bullek adds that any monies made on their recycling would stay in Lee. A small amount also should get allocated towards police and fire protection. The Board agrees that Mr. Bullek should move forward with this project. Those that decide they do not want to come to Lee would have to contract with a private trash removal company such as Davis. b) Mr. Bullek asks the Board for permission to post roads for temporary weight limits. Mr. Bullek worked with Eversource to keep Capt. Smith Emerson as gravel and smooth while they are using it to get to where they need to go. Chairman Bugbee moves to authorize the Public Works Manager to post weight limits on certain roads at his discretion to be in effect from the date of posting to April 15, 2020. Selectman LaCourse, seconds. All in favor. Motion Carries. Mr. Bullek states that the wood they are going to use on the trail enhancement project is Locust. TA Glover asks the Chairman to go back to #3 for a vote. Chairman Bugbee moves to approve the Memorandum of Agreement between the Conservation Commission and the Lamprey River Wild and Scenic Subcommittee with regards to the Little River Trail Enhancement plan. Selectman LaCourse, seconds. All in favor. Motion Carries. 5. Rick Stevens, 51 Tuttle Road, believes that there has been misinterpretations about this tree house issue over the last 7 months. He states that they now have support from across the country. He reiterates that the tree house is 6 ½ feet off the ground, it is just a shell, there is no electricity, insulation or water and it is not a structure. He has not been able to find rules or regulations pertaining to tree houses. The Easement Deed states that no structures or improvements including but not limited to a dwelling, any portion of a septic system, tennis court, swimming pool, dam, dock or other water dependent structure, air craft landing strip, tower or mobile home shall be introduced onto the property. He says that trees are not a permanent foundation. He says that a tree house is not a structure and can’t be considered a violation. The tree house is not detrimental to the easement and does not infringe upon the SELECT BOARD MEETING MINUTES February 24, 2020 PAGE 3 scenic enjoyment of the general public. It does not infringe upon the preservation and conservation of open spaces, for productive farm land and wetlands that are part of easement dead. The email from the Town’s lawyer to a Conservation Commission member does not state that there is a clear violation. The email did not direct me to take the tree house down. Mr. Stevens believes that the Conservation Commission has misrepresented both the Town lawyer’s letter and SELT’s position to the Select Board and the general public. He mentions discretionary power and hopes that common sense prevails and that the Select Board sees that this is only a tree house and it is temporary. Suzanne Hebert, 51 Tuttle Road, shares the time line of events, communications and visits with regards to the tree house issue. On July 14, 2019 a Conservation Commission member walked the property for the annual monitoring. On September 14, 2019 4 Conservation Commission members and 1 SELT Rep visited the tree house. On November 25, 2019 Ricky Stevens received an email from a Conservation Commission member stating that they had received the Town’s attorney review of the easement and wanted to meet with him. Mr. Stevens replied that he would be gone for a week but could meet with them when he returned. He asked to see the review. He received a response which said that this would start the 30 day clock ticking for the removal of the tree house. On December 10, 2019 a Conservation Commission member forwarded the Town’s attorney email to Mr. Stevens. On December 11, 2019 2 Conservation Commission members came to Mr. Stevens’ house and told him to take down the tree house because the lawyer’s email said so. Mr. Stevens said that the tree house is not coming down without a valid legal reason. A formal letter was never received by Mr. Stevens. The easement states that if the Conservation Commission believes a breach of the agreement has occurred then it shall notify the grantor in writing of such breach. On January 14, 2020 there was a Conservation Commission meeting and according to the minutes 5 of the 9 members were present along with 1 Select Board member.