LYME CONSERVATION COMMISSION
Minutes - July 23, 2007
PRESENT: Lee Larson, Dick Jones, Matt Stevens, Mimi Weinstein, James Graham, Adair Mulligan, CC; Evelyn McCarthy, William Cranston, Elaine and Charles Hallett, Fred Phillips, Simon Carr, Kathy Wohlfort, Carola Lea, David and Barbara Roby, Karen and Doug Rumble, Gillian Tyler, Celeste Wetherell, Michael Hinsley, Nomi and John Stadler
Chairman Matt Stevens opened the meeting at 7:45 pm. Lee distributed a copy of his motion, reading as follows:
I move that the Conservation Commission support the project to extend the Conservation Easement on Map 404 Lot 10 currently owned by B. Wayne Tullar Jr. over the 3 acre reserved house site with a contribution of $15,000 plus legal expenses from the Conservation Fund, subject to the conditions below. These funds are to be held in escrow by the Lyme Foundation until conditions below are met. If the project is not completed by December 31, 2007, the funds are to be returned to the Conservation Fund.
Conditions:
1. This project will amend the current easement owned by the State of New Hampshire on this parcel to extend it over an additional 3 acres more-or-less, thereby extinguishing a reserved house site. This easement will be held and enforced by the State of New Hampshire or its assigns. This amendment must be accepted by grantor and grantee.
2. A second independent conservation easement between B. Wayne Tullar and the Town of Lyme will be executed over the 3 acres more-or-less reserved house site, with conditions similar to or identical to the State of New Hampshire easement, so the Town, as a second easement holder, can provide enforcement if the State fails to do so. No terms of this second easement will conflict with the current easement held by the State of New Hampshire. This provision is subject to approval by the Lyme Board of Selectmen and will satisfy the requirement that the Town receives tangible benefit from this Conservation Fund expenditure. The legal expenses for easement preparation will be paid by the Conservation Fund.
An appraisal has determined that the conservation value of the project exceeds the amount proposed to be contributed by this motion. This project provides public access to this parcel, protects an important viewshed, and prevents further fragmentation of a large undeveloped area adding to the quality of the wildlife habitat.
Lee explained that expenditures from the Conservation Fund, which is town money, is governed by state statute. The CC sought advice from town counsel, who believes that the Fund cannot be used for projects where the town does not receive something tangible in return. The process is underway now to amend the original easement boundaries to include the three acre portion that would have been the house site, and will go to Governor and Council for approval on August 22. Condition 2 would give the town that actual interest in the property. The Select Board has to execute the easement. Lee said that the state’s LCIP attorney approves of the transaction as long as there is no difference in easement language. He added that the town could not simply be added as a secondary
easement holder to the existing state easement without threatening the process already underway on the state level.
Dick offered a copy of the legal opinion from the town attorney. He noted that the 49 acres are currently assessed as back acres, and that there would be an approximate $80,000 difference between the back acre assessment and the appraiser’s value of the parcel with the three acres developed, therefore the CC would be paying only a fraction of the development rights value to save the parcel from development.
Adair seconded Lee’s motion. David Roby asked whether the town could hold a backup easement for the entire 49 acres, not just the three acre addition. Mike Hinsley agreed that it would be cleaner to have the town as backup easement holder on all, not just some of the property. Lee said that the project must be ready to go by August 2 in order to get it before G&C on time. Lee agreed to amend his motion to add Condition 3, that if B. Wayne Tullar and the State of New Hampshire agree, the above should be altered so the second easement covers the entire 49.1 acres. Adair accepted the amendment, and it was approved unanimously.
Meeting adjourned 8:02 pm.
Respectfully submitted, Adair Mulligan, Secretary pro-tem
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