Lyme Conservation Commission
Public Hearing
11 April 2005
Members Present: Chair, Lee Larson, Vickie May, Laura McDaniel, Adair Mulligan, and Richard Jones-Selectman.
Public Present: Attorney Bradford Atwood, representing Loch Lyme Lodge (LLL)-owned by Paul and Judy Barker, Allison Rogers, Ruth Bleyler, Hebe Quinton, Ross McIntyre, Tom Morrissey and Pete Bleyler.
7:30PM: Meeting opened by Lee Larson. Copies of Draft policy distributed. Review by Lee Larson:
- Last year’s policy established 1.5 feet on the local staff gauge as the mean high water level for Post Pond
- No real scientific or legal data was used in making that determination
- Loch Lyme Lodge filed lawsuit in 2004 against the policy
- Early August 2004 Lyme Selectboard suspended water level policy
- Late Summer 2004 waterfront landowners petitioned N.H. Department of Environmental Services (DES) to establish a Natural Mean High Water Level (NMHWL) for Post Pond and they did so
- Post Pond is of a size to be a Great Pond and therefore “owned” by the State of N.H.
- The NMHWL established by the State is three feet on the local staff gauge
- NH RSA 210:9 sets forth procedures for manipulating NMHWLs
- Major change to be addressed tonight is do we change the policy level from 1.5 feet to 3 feet on the local staff gauge. In light of the State’s determination of 3 feet on the local staff gauge as the NMHWL the Town has no authority until the water has reached that mark
Ground Rules for the meeting by Lee Larson:
- Address all comments and questions to the moderator
- Introduce yourself before you speak
- Comments will be in good taste and no threats
- Stay on topic and be brief
- Don’t repeat, just agree with earlier stated opinions
Lee Larson reports that two people have provided earlier input, they are:
- Dorf Sears feels that the revision is reasonable and supports it
- Judy Barker has provided a written letter stating she needs to be out of town during the time of the hearing and has provided a booklet showing the condition of the Loch Lyme Lodge (LLL) beach front under various water levels and finds the new policy unacceptable (Letter and booklet attached)
7:38PM: Ruth Bleyler states that although not taking sides in the suit between LLL and the Town she feels that the Town must agree with the State DES provided level. All other levels either higher or lower would be arbitrary.
7:39PM: Ross McIntyre states that he has a cottage and boat house on the south side of Post Pond and that at the 3 foot level the sills of his boat house are barely out of the water. Had he known the NMHWL was going to be set at 3 feet he would have set his boat house 1 foot higher when he re-built it. He expressed concern that when the beavers have to travel a greater distance for their food they will build their beaver dam even higher than it’s current height of 5 feet. One person in Lyme already died when a beaver dam broke on Trout Brook. He is concerned that while waiting for the water in Post Pond to reach the NMHWL mark of 3 feet, followed immediately by a significant rain such as last week, there could be a resultant flow of over 2 feet of water over the dam. His recommendation is to make the 3 feet NMHWL mark to be a maximum and monitor weather and other factors to adjust the dam so that this level is seldom exceeded. Small discussion ensued about whether this year was
“normal” in terms of rainfall and snow melting.
7:50PM: Hebe Quinton states that she feels this is an extraordinary year in terms of
rainfall and beaver dams would not have affected the results on the pond level. She also re-iterated the position stated earlier of Ruth Bleyler.
7:52PM: Bradford Atwood, attorney for LLL, made the following points:
- Last release was in July or August 2004 and at the 1.5 foot level there was no
Beach below the LLL retaining wall where there was once a 12’ beach
- Any water level above a level that would be present without a beaver dam
presents an arbitrary standard and the only acceptable water level should be the level that would be present without a dam. In the 1970’s the State of N.H. agreed with this position.
- Respectfully disagrees with the Town’s attorney about the Town’s
interpretation of the statue and what is the Town’s property versus property in general.
- What is the purpose of this policy? NMHWL sets the property line. In this
case the town is essentially only another property owner. Does the Conservation Commission have authority to dictate access to the dam when in fact, at 3 feet NMHWL, as it is unclear whether the State or Town owns the property that the dam is on?
- LLL is only concerned about the water level from Memorial Day to Labor
Day. LLL wonders if there could be a special policy for that time period.
- The current policy does not allow them to take action until the water level is
already up their retaining wall. Reporting for the Barkers Mr. Atwood states: It is already a disaster for a family business in operation since the 1930’s. The new policy will certainly drive them out of business. Before this point LLL had a peaceful coexistence with the Beavers. LLL is concerned about the safety of families with young children and non-swimmers if they have no beach and have to step directly into the water.
7:59PM: Richard Jones pointed out that anyone can get permission from N.H. Fish and
Game to affect a beaver dam because the pond is a Great Pond. Likewise they can get permission to affect a beaver dam if the dam is on another property owners land.
8:00PM: Discussion was held about who really owns that part of Post Pond, the Town or
the State. Lee Larson says it is up to N.H. State Fish & Game and DES to determine where the boundary line stands. The lower dam is definitely on town property.
8:05PM: Tom Morrisey asked if the State of N.H. had been included in the lawsuit involving LLL. Attorney Atwood confirms that they have been and also states his agreement with the position of Ruth Bleyler stated earlier.
8:10PM: Tom Morrisey states that a study from the State of N.H. indicates that there is “No Question” that the higher the water the healthier the life of the pond and a better temperature level is maintained as well. Adair Mulligan expressed concerns that the frequent artificial raising and lowering of the water level is detrimental to shore life. Ross McIntyre inquired about what the Town policy would be if the beavers just disappeared. Lee Larson responded that the Conservation Commission would not interfere with the natural cycle of life and would not artificially hold the water at any level.
8:13PM: Motion made and seconded to close the Public Hearing.
Elise Garrity
Scribe
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