October 28, 2020 Letter from Conservation Commission

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Planning Board Town of Rindge 30 Payson Hill Rd. Rindge, NH 03461
Subj: Navian, Map 4, Lot 23
Planning Board,

October 28, 2020

The Rindge Conservation Commission i.s once again reaching out to the Planning Board regarding the above referenced project in regards to the environmental concerns that we have expressed to the owner’s representative and to the Board.

At the Planning Board hearing of October 6, 2020 the Navian representatives informed the Board and the Commission that the common land would not be protected by a conservation easement as the Commission was earlier informed, instead it will be held as common land. This may remove the need for a third party easement holder, but the Commission believes that the requirements of NH RSA 674:21a do still apply.

Specifically” Any open space designation …shall be deemed to create a conservation restriction as determined in RSA 477:45:1 will run with the land, and shall be enforceable by the municipality …and further an applicant’s statement ofintent to restrict development, submitted with an application which is subsequently approved, shall be a condition of the approval.” 477:45:1 defines “a conservation restriction shall mean a right to prohibit”, that which is inconsistent with the RSA.

Though the declared common land will not be protected by a third party easement, the Commission believes that in order to comply with the requirements 674:2la and 477:45:1, there needs to be a preconstruction natural resources assessment of the property to establish baseline data for continued protection of said common land. The request for this assessment was brought up in our initial letter to the Board, but the Commission feels that the request should not be discounted simply because the applicant now declares that there will not be a protective easement.
Another area of concern that the Commission brought up is the likely presence oflead at this property due to its known long term use as a shooting range, this concern is twofold in respect to the conditions of the common land and more importantly, the number ofprivate and shared common water wells proposed for this site. It would be negligence on our part should there arise an issue with the drinking water later when there was a known earlier use of the property that had the potential for contaminating the soil.

The Commission strongly repeats our request that a natural resource assessment of this property be conducted preconstruction and ideally, before the weather turns cold and the opportunity for gathering data is delayed until Spring 2021.

Respectfully submitted

David, G. Drouin, Chair, RCC

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