Lyme Conservation Commission
Minutes of the 13 August 2003 Public Hearing
LCC Members Attending – Ben Hudson (acting Chair), Dick Jones, Laura McDaniel, Adair Mulligan, Aaron Rich.
LCC Members Absent – Joan Goldburgh, Lee Larson.
Members of the Public Attending – see separate attendance list, attached.
The Public Hearing was called to order at 7:30 PM by Ben Hudson.
Ben welcomed everyone who had come to the hearing and asked the members of the Commission to identify themselves. He extended Lee Larson’s regrets for not being available to chair the meeting.
Ben then gave a brief history of how the public hearing and special meeting of the LCC had come to be called to discuss the manipulation of the water level and beaver dams at Post Pond. Ben noted the following chronology:
· On July 22 the Barkers sent a letter to the Town Selectmen asking for permissions to alter the beaver dam on Clay Brook to lower the water level of Post Pond.
· On July 23 the Selectmen responded stating that permission was required from the Lyme Conservation Commission (“LCC”) after a public hearing date was set with proper notification.
· On July 23 the Barkers sent a letter to the LCC requesting permission to alter the beaver dam. A public hearing was subsequently set for tonight, August 13.
Ben further stated that the purpose of the Public Hearing was to provide the public with an opportunity to comment on the issue at hand and for the LCC to have a chance to gather as much information as possible to help make an informed decision as to what course of action, if any, was best to take. Ben clarified that the purpose of the meeting tonight was not to make a final decision on the issue and that the LCC would start a Special Meeting immediately following the conclusion of the Public Hearing.
Ben went on to publicly thank the Barkers for their invitation to the LCC to view their waterfront area on Tuesday, August 12, which had provided those in attendance with a better understanding of their concerns with the present water level in Post Pond.
Several people who could not be present for the meeting had sent letters to the Town and the Commission which Ben read aloud (copies of the letters are attached to these minutes):
Tom Morrissey
Jay Cary
Hebe Quinton
Freda Swan
Lee Larson
Deborah Robinson
Joan Goldburgh
Barbara Newton
Jim Argentati
Ben asked Paul and Judy Barker for permission to summarize the five or so letters which they had sent to the Town of Lyme regarding the issue of the beaver dams and water level at Post Pond and their need for a beach and safe waterfront for the visitors to Loch Lyme Lodge (“LLL”).
NOTE: all handouts available at the Public Hearing are attached to these minutes.
Ben then opened the floor to comments from the public. The following people addressed the Commission.
John Fulton
· Noted that his parents had been prior owners of the LLL, and that he had, in the past, participated in the dismantling of the various beaver lodges.
· Noted that there is more than one dam and that the second one is the one primarily holding the water level back.
· Beaver tubes only work on the spot they are installed.
· Sandy beach at LLL is entirely submerged and that there are two rowboats on the float which is 1” submerged.
Dick Jones commented that the “floats” are not true floats as they are permanently attached to the bottom of the Pond. Judy Barker commented that they were installed in approximately 1930/35.
Ross McIntyre
· Purchased property on Post Pond in 1967.
· At that time there had been a loose association of property owners around the Pond who discussed areas of common interest, but that the association had failed over the issue of the water level in the Pond.
· Noted that there are hard feelings among the folks in town as to what the water level should be and he hoped that everyone could use the hearing to come up with a compromise.
· Hoped to explore methods to solve the Barker/LLL problem without causing issues for others. Noted that LLL is a good business to have in the town.
· Does not want to see Trout Brook join Clay Brook and thereby bypass the Pond.
· Discussed the possibility of determining a location for a common gauge to measure the water level.
Elaine Emory
· Noted the presence of loons on the pond and wondered about the issue of water level fluctuation affecting their nesting (Adair said that the loon nesting period is roughly between Memorial Day and July 4 and it is essential to protect the pond against a sudden drop in water level until about mid-July; after that, water level changes are irrelevant to loons.)
· Commented that the water level needs to be maintained such that the Pond remains healthy.
· Expressed an appreciation for the Pond and how spectacular it is and wanted to see it preserved and healthy.
Alida Ciampa
· Loves the Pond and sees so many issues involved in the discussion.
· Thought it was unfair to stop the Barkers from a long standing practice of dismantling the dam.
Deborah Thaler
· Guest at LLL who appreciated the presence of a sandy beach.
· Commented on the influx to the local economy that the guest at LLL have.
· Believed that the Barkers were helping the environment by manipulating the dam.
Helen Skelly
· Teacher at the Lyme School.
· Commented that natives are forced to move out of town due to changes in the culture and town population and would hate to have that happen to the Barkers because of the beaver issue.
Nick Orem
· Had lived on Post Pond for 5 years.
· Thought a reasonable compromise on the water level could be reached given what he’d heard at the meeting.
· Asked if there was any expertise on the LCC or among those present regarding beaver tubes.
Tom Dayton (local New Hampshire Fish & Game officer)
· Commented that beaver tubes are worth exploring as an option, but noted that beavers are mobile and may relocate, so that the tubes are not a fix-all.
· When asked if other towns were also having the same issue, he noted that had never seen the issue be as controversial as it is in Lyme.
· Also commented that we are talking about more than the beavers, especially when Mother Nature had provided so much rain in recent weeks.
Someone asked from the floor if beaver tubes had ever been tried on the Pond; the answer was yes.
Ben Hudson commented that the LCC had been monitoring the water level from fixed point on the Pond (Allan Newton’s dock pipe) since July 25 and had noted great fluctuation in the water level of the Pond, not always coinciding with a recent rain fall. Ben noted that the dynamics of the surrounding wetlands were certainly a factor in the overall level of the Pond and pointed out the watershed map handout which had been developed for the meeting. Ben also commented that he had taken a measurement at the LLL’s rowboat dock the day before and was able to make some rough calculations regarding the change in water level needed to expose their sandy beach. He also stated that he was pleased to observe that the slope of the beach at LLL was fairly shallow and felt that a minimum release of water from
the Pond would greatly improve the situation and exposure of the beach for use by LLL guests.
Mrs. Orem (?) expressed the opinion that the water level was not the issue, but rather the issue was the unplugging of the beaver dam in the spring by the Barkers and the very rapid release of water from the Pond and into Clay Brook
Paul Barker responded that the timing of their removal of the dam in the spring had been unusually late due to the cold, rainy May and that he did not have the opportunity to go remove the dam as early as he usually did. Paul also noted that the owners of LLL had had the town’s permission for over 50 years to remove the beaver dam.
Adair commented that the DES has been remarkably quiet with regard to the regulations relating to how to manipulate a beaver dam, and that the three requirements DES does provide are (1) any machinery used does not enter the water or create any disturbance by filling or dredging the adjacent surface waters, wetland, or their banks; (2) all dredged materials are placed out of (wetlands bureau’s) jurisdiction; and (3) removal of the dam is done in a gradual manner that does not allow a sudden release of impounded water to cause erosion or siltation. [Wetlands Board Reg. 303.05.]
Judy Baker noted the significant shoreline impact of the higher water level
Comments from the floor continued –
Barbara Sanders
· Has property on the Pond.
· Has worked at LLL and knows the sandy beach issue, but also suggested that Mother Nature has said this will be an ongoing issue and wondered if there were other options for the Barkers to develop a beach.
Scott Kalter inquired about a time frame for resolution, given that Ben had indicated that the purpose of the hearing was to collect input and not necessarily determine a resolution this night.
Ben responded that the LCC would like to see a short term resolution for the Bakers to maintain their business and that there would be a longer term issue for the town to resolve regarding Post Pond. He noted that there had clearly been an expression of interest at the hearing from people willing to work on the issue.
Dorf Sears commented that she had noted beaver dams this spring on Trout Brook, the inlet to Post Pond.
Paul Barker told the Commission that he had had permission for 20 years to remove the beaver dam and that it had now been rescinded by the Town. He was frustrated that they needed additional permissions in order to continue this activity. Judy and Paul both expressed their frustration with the process, noting that they had been trying to get help from the town since the early 80’s. Judy stated that she could not get access to the town records on the day of the meeting to attempt to prove this point. Both the Barkers were upset and dismayed over the innuendo and rumors in town that they had either trapped or killed the beavers. Both also stated that the water level at the waterfront at LLL was a liability issue for them. They both pointed out that the high water level at the LLL
beach had been an issue before the recent heavy rains of this summer.
Speaking on behalf of the Selectmen, Dick pointed out that yes, in the past permission had been granted to the Barkers to remove the beaver dams at their discretion, but that this year with the sudden release of water into Clay Brook and the resulting complaints registered with the town officials, that the Selectmen had no choice but to rescind the permissions and to have a public hearing to get input on the issue. Dick also noted that since the original permission to the Barkers, there had been several changes in the regulations – notably the wetland regulations changed in 3/2003 and the beaver statute from July 1996 which both affected the way in which permission to dismantle a beaver dam are regulated. Paul Barker asked why the town had not notified them of the changes in the regulations; Dick
responded that the town officials were not aware of them themselves until this issue had surfaced this summer.
Laura Scott spoke from the audience and urged the group not to view this as a personal issue, but rather to consider it in two parts – what range of water level was acceptable to maintain a healthy pond and, once that level had been decided, how should that level be adjusted and controlled.
Adair spoke for the LCC saying that the Commission wished to gain access to expert help to determine the optimum range of elevations for the Pond water level which would minimize the tendency for Trout Brook, whose floodplain was altered by construction of the town recreation area, to bypass the pond and join Clay Brook, thus cutting off the pond and leading to water quality degradation. Such a study would also take into consideration the role of the Pond’s large and steep watershed. She reviewed rainfall statistics for the summer and reminded that ultimately, nature is in charge.
Alvin Birk, a guest at LLC for the past 17 summers commented that the Pond had been healthy for the past 50 years and that by changing the way the Barkers had worked with the beaver dams, the town would be changing something that had been working right for all that time.
Ross McIntyre noted that if the dams were dismantled in small increments the massive change in water level could be avoided.
Tony Ryan noted that there seemed to be a consensus in the room and urged the Commission to look for a compromise, noting the short season for LLL and that the Bakers have a current problem. He suggested an arrangement whereby the Barkers could continue to run their business while a compromise was worked out regarding the desired water level(s) for the Pond.
Charles Balch observed that several methods of measuring the water level in the Pond has been used in the past, including the observation that the level could be measured by the cattle grazing nearby who would only wade in water up to their bellies.
Several other members of the audience, both Town residents and guests of LLL (William Kay, Joyce Killibrew, Barbara Woodward, Norm Wakely, Cindy Long, Steve Small) spoke in praise of the Barkers' operation, the importance of the LLL beach for visiting children and young families and noted that the consensus of those present was that a short term solution should be worked out to support the Barker’s operation while a long term solution was considered by the LCC.
With no more comments from the audience, Ben adjourned the public hearing at 8:57PM and the LCC went into the special meeting portion of the meeting. (see separate minutes)
Respectfully submitted,
Laura McDaniel
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