October 22, 2020 ~ Conservation Commission Meeting

2020-10-22 · Conservation Commission · 49:10 · watch on YouTube →

A remote Conservation Commission working meeting on October 22, 2020, attended by four members, who continued working down a to-do list drawn from the town's comprehensive plan. Most of the meeting went to the item calling for a comprehensive open space plan: members debated whether it should cover privately owned land, whether the town's use of the term matches the state's definition, and settled on starting with the parcels the town already owns. Kit (?) offered to write a first draft and asked the rest of the commission for feedback. The second long discussion was the Emerson dump, an orphaned landfill of about fifty acres for which no one holds clear ownership, leaving the commission unable to authorise even a free Brownfields evaluation; members agreed the question needs a specialist and possibly money in the budget for one. The meeting ended by setting a site visit at Runaround Pond for 8:00 a.m. on Sunday the first. No votes were taken at any point.

No written minutes could be matched to this meeting. The transcript records that the speaker changed but never who was speaking, so any name attached to a statement below is inferred from context and is marked (?).

What was discussed

1. 0:12
   Remote meeting set-up

   The meeting was held online and opened with one participant being talked through screen sharing for the first time. The shared to-do list was displayed for the rest of the meeting and links were passed in the chat.

2. 0:12
   Education pamphlets on best management practices

   The list item calls for preparing and distributing pamphlets on best management practices for erosion and sedimentation control, stormwater management, non-point source pollution and invasive species. A member said they had volunteered for it, and there was some confusion over whether the version on screen was the edited one.

3. 0:12
   Comprehensive open space plan introduced

   The next item calls for a plan evaluating the potential for expanding protected open space in the town, assessing its value for recreation, retention of scenic views, wildlife habitat, groundwater protection and surface water quality including Runaround Pond. Members observed it appeared to sit above the river plan already begun and might cover how to add more land.

4. 0:12
   Alex's map of town-owned parcels

   Alex produced a map drawing boundaries around all the parcels the town owns, using mapping software, after another member had started doing it informally in Google Earth.

5. 5:28
   Day Road nature trail idea

   Members recalled a discussion from the previous autumn about a nature trail off Day Road with interpretive information about ducks and the marshy area there. Zach had been enthusiastic about it.

6. 5:28
   Whether the plan covers privately owned land

   A member asked whether open space in the town includes privately owned land, which would make the exercise a mapping project drawing on state layers. Another (?) noted something similar presumably already exists for town properties.

7. 5:28
   What 'open space' means

   Members raised that open space has a specific meaning at state level carrying a tax benefit, similar to tree growth, and that using a loose definition could mislead residents into expecting a write-off. The state's wording was read out: land preserved or restricted in use to provide a public benefit by conserving scenic resources, enhancing public recreational opportunities, promoting game management, or preserving wildlife or wildlife habitat.

8. 5:28
   Origin of the to-do list

   The list was pulled from the comprehensive plan by Juliet and Zach. Members agreed clarification was needed from Juliet, who had been on the comprehensive plan committee, about what this item was meant to cover.

9. 5:28
   Management of town-owned parcels

   One reading offered was that the item means management strategies for land the town already owns, which members said aligns closely with the state's list of benefits. Joe (?) said he had driven around and looked at several town-owned parcels, including one on Royalsborough Road he called prime wood duck habitat where the commission could put out wood duck boxes and keep invasives out of the wetland.

10. 10:52
    State programmes for land management

    Members noted programmes exist for private landowners managing land in this way, but were unsure what is available to municipalities.

11. 10:52
    Ecological services missing from the definition

    A member objected that the state's list of recognised benefits does not name the ecological services land provides simply by being there, and that land can be valuable without being publicly accessible. Members noted the commission is free to define it differently for its own purposes.

12. 10:52
    Kit to draft the open space plan

    Members agreed this was a large item and described it as the substance of what the commission does. Kit (?) offered to take a first stab at it but asked for feedback from everyone, particularly Joe's field experience and Roberta (?) on invasive species, while warning against making it so big it overwhelms the commission.

13. 10:52
    Starting with town-owned land

    Kit (?) said she would start with land the town owns and was not comfortable working into privately held land yet unless others disagreed. Members listed River Park, Runaround Pond, the Day Road area and the Royalsborough parcel as enough to be going on with.

14. 10:52
    Improvements already made at Runaround Pond Park

    A member recounted work done over the years: Allan updated the sign, the vault toilet was replaced through the state, bollards went in where a gate had been broken, new fencing was put up by the dam, and a kiosk was added. There are picnic tables and a small free library that has no clasp and is being held shut with a board and nail, which the member called dangerous, and a project is in the works for a pavilion like the one at River Park.

15. 10:52
    Trails built by the Royal River Conservation Trust

    The trails on the far side of the road did not exist when the member started in Durham and were built by the trust. The understanding was always that the town would take them over, since the town is responsible for upkeep of Runaround Pond Park, and Allan is looking for the commission to take ownership and move forward.

16. 16:02
    Proposal for a site visit

    A member suggested a field trip to see what the trails need. Another (?) reported the park was busy when hand sanitizer stations were installed, with many canoes and apparent duck hunting.

17. 16:02
    Adjacent conservation land

    Royal River conservation maps show land to the north and west held in conservation, though members were unsure whether the trust owns it or holds it in conservation. Part of a local farm, whose owner's surname is garbled in the recording, is also in conservation.

18. 16:02
    Contacting the land trusts about priority areas

    Both the Royal River Conservation Trust and the Androscoggin Land Trust keep maps of priority areas, and a member proposed asking whether either has anything in Durham on its radar, keeping the approach deliberately limited. Shelley has left the Androscoggin Land Trust and the commission does not know who replaced her.

19. 16:02
    River Park easement and the gazebo

    The Androscoggin Land Trust holds the easement on River Park, so the commission must work with it on any upgrades. The gazebo came to River Park because Shelley, whose surname members could not recall beyond a rough guess, brought a project over after it fell through in another town.

20. 21:05
    What Runaround Pond actually needs

    A member said there is little space for new trails and that the main needs are keeping existing trails clear, keeping the kiosk current, and making sure people know the park is there. Public works empties the trash, and the member noted the park has had problems over the years with activities described as not family oriented, which more visitors would discourage.

21. 21:05
    Trail maintenance made a priority in the plan

    Members agreed that maintaining the trails others had built for the town should be a high priority line in the open space plan. Samantha was asked to record it against line 14 of the list and said she would take fuller notes.

22. 21:05
    River Park gardens need a work day

    The gardens at River Park need a work day to see what is there. A member said most of it is perennials plus aggressive saplings and weeds that could come out.

23. 21:05
    Difficulty getting members together

    Members said previous attempts to meet on site had struggled and it now gets dark early. The view taken was to set a date anyway, since even two people turning up would be worthwhile.

24. 21:05
    Vault toilet placeholder for River Park

    A placeholder for a vault toilet at River Park has been entered in the capital programme for 2022, described as no more than a placeholder. Members raised looking for grants to cover part of the cost.

25. 26:12
    Grant sources

    A member agreed to research grants, arguing a permanent toilet would let people stay longer and use the park more. Durham belongs to the Greater Portland Council of Governments, whose website lists grant areas and whose grant writers might be approachable, and members also pointed to the Androscoggin Valley Council of Governments, which the town is not a member of but which has become more active and would be the route for a Brownfields grant.

26. 26:12
    Emerson dump test results

    A member had emailed round paperwork from testing done when the tires were removed from the Emerson dump. Nobody present could interpret the figures, with conductivity given as an example, and members said having normal ranges listed helped but did not tell them what counted as dangerous.

27. 26:12
    Who to contact about the dump

    Ruth had been sent contact information; a member offered to ask her husband Stephen, and a contact named Randy at the DEP was suggested, though the member who had spoken to him several years ago thought he might have retired. The suggestion was to bring in the Brownfields programme, which would evaluate the site free of charge.

28. 26:12
    The ownership problem

    The site is an orphaned landfill that nobody technically owns, so there is no one to authorise a Brownfields evaluation. The town does not want to foreclose because that would bring ownership and liability with it.

29. 31:22
    Stewardship without ownership

    A member raised asking a court for stewardship of the site so the town could send Brownfields in without taking on ownership or liability. Members agreed this would have to go to the town's lawyer.

30. 31:22
    Solar as an end use

    Ruth had raised the idea of a solar array on the site, and Joe (?) said the same thought had occurred to him. Members noted solar is common on capped landfills because little else can be done with them, and that remediation good enough for solar would not have to be good enough for a playground.

31. 31:22
    Age of the sample data

    Samantha (?) noted the samples date from 1989 and asked whether conditions might now be worse. No one could answer, because there is still no one to authorise new testing.

32. 31:22
    How the town handles the parcel

    The town assesses taxes on the site, places a lien on it every year, and waives foreclosure every year to avoid taking on responsibility. John Emerson had two sons, one of whom, Larry, died recently, and the family never went through the courts to claim the property, so the state lists it as an orphan landfill.

33. 31:22
    An earlier stewardship arrangement

    Old paperwork suggests the town once took stewardship of the site, to help John Emerson close it down. A member wondered whether the same arrangement might be available again.

34. 31:22
    Tire history

    Members discussed the tires: reports of millions removed that one member had assumed were exaggerated, a fire at the site at one point, and the tires eventually being shredded, with many going to the airport in Portland. What else may be buried there is unknown.

35. 36:29
    A specialist will be needed

    Members agreed the questions are legal and beyond what any of them could comment on, and that a specialist would be needed to navigate them without exposing the town to liability. A member suggested putting money in the budget to hire one and offered to ask a retired environmental lawyer friend for informal feedback in the meantime.

36. 36:29
    Location and size of the site

    The parcel is about fifty acres on Old Brunswick Road, past the Quaker meeting house and a farm, before the road comes out to Royalsborough, on the right just before Larry Emerson's junkyard, with posted fencing running into the field.

37. 36:29
    ATV park idea and a past enquiry

    Members floated an ATV or dirt bike park if the land were clean enough, with the caution that aggressive tires on the soil would spread whatever is there. A man once came to the town office wanting to buy the land for ATV trails but could never find out who to buy it from, and a lawyer named Jack (?) told the town it could not simply foreclose and sell it.

38. 41:42
    Whether to keep working the list with four members

    One member wanted to continue down the list; another said it felt odd to do so with only four present when Zach and Juliet had put it together and had explained their intentions for each line last time. The meeting moved on to scheduling instead.

39. 41:42
    Scheduling the site visit

    Members compared Sundays against work start times and the loss of evening daylight, noting they had about a week before it would be dark at six. A member observed that a previous attempt failed because the date was set weeks out and people forgot.

40. 41:42
    What the site visit should cover

    The proposal was to walk the Runaround Pond trails looking at fallen trees and obstructions, possible trail extensions and a picnic spot partway along, and separately to look at the River Park gardens and a washed-out area about a hundred feet toward Auburn from the house where bridges might be needed. The aim would be to plan spring work and set a date to bring people in with chainsaws and trimmers.

41. 46:48
    River Park plans held over from this year

    A member noted Runaround Pond has no gardens to discuss, so a visit there would be about trails. Plans already made for River Park could not be carried out this year because of COVID.

42. 46:48
    Town email server access

    Members are currently being emailed at personal addresses because they need updated passwords for the town email server. They were asked to telephone during office hours, the following day or early the next week, to be put back on the server.

What was decided

• 5:28
  Seek clarification from Juliet, who sat on the comprehensive plan committee that produced the list, about what the open space item was intended to mean, given the term has a specific meaning at state level. Agreed in discussion; no motion was made and no vote was taken.outcome unclear
• 10:52
  Kit to write a first draft of the comprehensive open space plan, covering land the town owns rather than privately held land, with the rest of the commission asked to give feedback. Agreed by consensus; no motion was made and no vote was taken.outcome unclear
• 16:02
  Approach the Androscoggin Land Trust to ask whether it has any areas of open space in Durham on its radar for preservation, keeping the enquiry deliberately narrow. Agreed in discussion; no motion was made and no vote was taken.outcome unclear
• 21:05
  Record maintaining the existing Runaround Pond trails as a high priority line in the open space plan, at line 14 of the list, with Samantha updating the shared document. Agreed in discussion; no motion was made and no vote was taken.outcome unclear
• 26:12
  A member to research grants toward a vault toilet at River Park, including through the Greater Portland Council of Governments and the Androscoggin Valley Council of Governments. Agreed in discussion; no motion was made and no vote was taken.outcome unclear
• 31:22
  Take no action on the Emerson dump for now, on the basis that the ownership and liability questions are legal ones the commission cannot answer. Members agreed a specialist would be needed and that money might have to be put in the budget to hire one; no motion was made and no vote was taken.tabled
• 36:29
  A member to ask a retired environmental lawyer friend informally for feedback on the Emerson dump, explaining that it is an old dump whose contents are unknown. Agreed in discussion; no motion was made and no vote was taken.outcome unclear
• 41:42
  Leave the rest of the to-do list until Zach and Juliet can take part, since they compiled it. Raised by one member and not contradicted, but the recording does not show the point being settled before the meeting moved on to scheduling.outcome unclear
• 46:48
  Hold a site visit at Runaround Pond at 8:00 a.m. on Sunday the first, with an email to go out inviting the members who were not present. Agreed by the four members on the call; no motion was made and no vote was taken.outcome unclear
• 46:48
  Members to telephone the town office during office hours to get updated passwords and be restored to the town email server, with personal addresses used in the meantime. Agreed in discussion; no motion was made and no vote was taken.outcome unclear

An outcome reads "unclear" where the recording does not state it plainly. The recogniser drops short words, and "the motion does not carry" is one missing word from its opposite.

Worth knowing

• 31:22
  The Emerson dump, about fifty acres on Old Brunswick Road, is an orphaned landfill that nobody owns. The town assesses taxes on it and places a lien every year, then waives foreclosure every year to avoid the liability, which leaves no one able to authorise even a free Brownfields evaluation. The only test data the commission holds is from 1989.
• 36:29
  Members recounted that the site held what were reported as millions of tires, that there was a fire there at one point, and that the tires were eventually shredded with many going to the airport in Portland. What else may be buried there is unknown.
• 21:05
  A vault toilet at River Park has been entered as a placeholder in the capital programme for 2022, and a member took on researching grants toward it through the Greater Portland Council of Governments and the Androscoggin Valley Council of Governments.
• 10:52
  The trails at Runaround Pond were built by the Royal River Conservation Trust, which wants the town to take them over, since the town is responsible for the park's upkeep. The commission agreed maintaining them should be a high priority in its open space plan.

Elsewhere

2021-01-28 Conservation Commission →All meetings