More Londonderry thievery

[Pat McCotter]

Londonderry Town Meeting - May 17, 2004.
PDF Document - http://www.londonderrynh.org/051704.pdf

Drawdown of Little Cohas:
State Fish and Game Department Chief of the Access and Engineering Division Chuck Miner introduced Regional Wildlife Biologist Eric Orff, and Department of Environmental Services Chief of the Games Bureau James Gallagher.

Mr. Miner stated that the purpose of the meeting is to brief the Council and members of the audience on a drawdown planned for the Little Cohas Marsh. He stated that the drawdown is the removal of water to the level that exists naturally without a dam. RSA 482:13 requires that the governing body of a municipality be notified 30 days in advance of a drawdown of any water body, and that subsequently, a public informational hearing be held 15 days after that notice. He reported that the Fish and Game established the Little Cohas Marsh in 1954 as a waterfowl management area. As with most of the water bodies held by the Department as waterfowl marshes, the Fish and Game Department does not own the land under the marsh. A lease was established with an original 25 years and a subsequent lease that established another 25 years; which has now expired.

When the NH Department of Transportation began their mitigation project for the Airport Access Road, theyhad planned on acquiring some of the property in the area, which was supposed to have taken place prior to the expiration of the leases, but has not. The F & G, therefore, no longer has the right to flood the marsh, and one of the landowners has indeed requested that the Department lower the water level to its natural level.

Conservation Commission member Mike Speltz questioned whether there has been any action to negotiate a lease to bridge the gap. Mr. Miner replied that the DOT has been approached and have decided against that. Fish and Game does not have the resources available to negotiate the leases. The project is a mitigation project under the auspices of the NH Department of Transportation. Mr. Miner noted that originally there were about 11-15 leases, but as the result of sub-divisions, etc., the NH Department of Transportation will be working with 30-plus landowners. He added that the wetlands permit issued stipulated that the property will be acquired prior to the expiration of leases; however, the Fish and Game Department was unaware that the properties would not be acquired until shortly before the leases expired.

Councilor Dolan questioned why the properties weren?t acquired before the lease expiration dates. Mr. Minor replied that the Department of Transportation could better answer that question. He added that Mr. Caron has spoken with Bob Barry to some extent about this.

Councilor Dolan, noting that there has been extensive development in that area, questioned the impact anticipated to the wells of these homes. He questioned why a drawdown would be completed before any analysis was done as to any impacts to the area. Mr. Miner stated that the advice of the Attorney General?s office is that the landowner?s request is valid since the Department no longer has the right to the property.

NH DOT Rep. Jim Gallagher offered that there could be an effect upon all landowners with a drawdown of any of New Hampshire?s ponds and lakes to the extent that the impact would be upon a shallow, or dug, well

Chairman Bove asked Mr. Miner if the Fish and Game Department would be taking any further action on this. Mr. Miner replied that the Department has already met with the NH Department of Transportation (NH DOT) and it is understood that their Department would proceed with permanently acquiring the rights to land. Once the rights are acquired, the NH DOT could put the boards back on the dam and reflood the area to continue with the mitigation project.

Discussion ensued which included the possibility of the land being developed for home lots; the liability to the Town for impact to wells, the Conservation Commission?s position on the lands, and the impact to wildlife and recreation in the area with a drawdown. Mr. Miner stated that he would speak with State legal counsel to determine liability of the Department with regard to impact to wells. Mr. Caron pointed out that the Town Council is only serving as a conduit for public information and has no legal involvement in this effort. He stated that the issue is between the private landowners and the State agencies.

Councilor Dolan requested that the Town Manager consider an injunction by the Town against the State to stop the drawdown process and to first conduct an impact study. Chairman Bove suggested that the landowners get a petition going with the other landowners to prevent or delay the drawdown.

Several landowners spoke regarding the value and fair market price of their land, possible eminient domain takings, future use of their land if the drawdown proceeds, the fact that some landowner?s deeds did not reflect a lease with the State, and a past Town Meeting article and vote making the property a conservation area. Mr. Miner noted that the planned drawdown date is June 15, but at the request of a landowner, the Department may be compelled to complete it sooner. The State attorney has advised the Department that since the lease has expired, the Department no longer has the right to use the property. Mr. Speltz, noting the earlier mention by Mr. Miner of a shortage of personnel and funds, suggested that the Town assist in the work with the landowners to get the rights for a period of 12-18 months to save this marsh in the short term. Mr. Miner stated that he would take this recommendation back to his Department Head.

Chairman Bove stated that the Council?s next meeting is May 24, and suggested that this issue be once again addressed when members of the NH Department of Transportation and Department of Environmental Services and the Town?s Representatives could also be in attendance.

Councilor Dolan stated that he would like a response from the NH Department of Transportation that if they are planning land acquisitions, what the schedule of those acquisitions would be in the future. Councilor Farmer requested a list of the landowners around the marsh area. Mr. Miner stated that he would forward that to Mr. Caron.

Planning/Economic Development Director Andre Garron stated that he attended a mitigation meeting held by the NH DOT in April and had a possible explanation as to why the process was taking so long. He stated that the Department had to notify all abutters, and in the first round, they were not all properly notified; therefore, the Department could not take the land by eminent domain. Now that all abutters have been notified and the Department has conducted a public hearing to take input and concerns from those affected by the project, the NH DOT must first answer all those questions and concerns before moving forward. He noted that the maps presented have changed, adding new areas, and will therefore require another hearing.

Ken Smith noted that his father, Fred Smith, born on January 28, 1997 served as Chief of Police for 33 years. He read from the lease document signed some 50 years ago, where the lease ?grants said Lessee to enter, build, maintain and control the water control structure to a height of five feet above the present stream bed. Said height being four and one half feet below the base of the railroad rail at Station 25-21 Boston and Maine Railroad, Manchester and Lawrence Branch, and said height also being approximately the same elevation as the present beaver dam at the outlet of the Little Cohas Marsh. Said water control structure to be located at site of said beaver dam and old stone dam adjacent to said Station 25-21.? He noted that this indicates that this is not the first dam at this location.

Chairman Bove stated that the issue will not be resolved this evening, and that everyone is invited back to the next Council meeting at which time this issue will once again be addressed. He thanked everyone for their input and participation.

[Russell Kanning]

That's just terrible! I thought NH was supposed to be the free state, at least freerer than others. If you can lose your land than I don't see the point of the other freedoms that NH may have.

They all do it.

[Russell Kanning]

LONDONDERRY — At least two property owners in north Londonderry have been notified in recent months that the state has taken their land by eminent domain for the airport access road project.

Ah good .... eminent domain the old fashioned way ... for public projects.

They should save their money on lawyers and just tell the city to get lost.

[Russell Kanning]

APB you might want to consider contacting the Intitute for Justice. They work specifically on government land grabs. www.IJ.org

They couldn't win the case for the Kelo 7. The government is too evil. You cannot work within their system.

[Michael Fisher]

APB you might want to consider contacting the Intitute for Justice. They work specifically on government land grabs. www.IJ.org

They couldn't win the case for the Kelo 7. The government is too evil. You cannot work within their system.

Exactly.

[EZPass]

Time to call for the resignation of at least three Executive Councilors.? Besides Spaulding, who are the other two?

Is this landowner (APB) willing to lead the charge/campaign to call for the resignation of the 3 exec councilors at the state?

[KBCraig]

Just in case anyone was wondering what piece of land we're talking about:

http://www.topozone.com/map.asp?lat=42.9112&lon=-71.4106&datum=nad83

APB wasn't kidding when he said it's only about 2' deep. The intermediate contour lines are at 10' intervals.

Kevin

[APB]

Time to call for the resignation of at least three Executive Councilors.? Besides Spaulding, who are the other two?

Is this landowner (APB) willing to lead the charge/campaign to call for the resignation of the 3 exec councilors at the state?

I beleive that all 3 Executive Councilors are a desgrace to NH for authorizing the stealing of our property.  For some reason or another, they used chinese math to come up with the formula which steals 770 acres to replace 11 acres for the airport.access road.

So, in other words; I would lead the charge with no retreat!

[Pat McCotter]

Gloria and I took a drive through there Sunday along Hall Rd. Can't get to the dam itself from what I could find. Delta Dr., Aviation Park Dr, all private property and no through road (lying New Hampshire road atlas!!!)

Got some pictures of the marsh along Hall Rd. Sorry, not digital; have to wait for me to get them developed. I guess the folks at the south end of the marsh are the property owners? Nottingham Ct/Buckihgham Dr? Does the marsh go all the way to Litchfield Rd.?

[APB]

Did the former Mayor of Manchester back that plan.? If he didn't he may be the one ally on the Executive Council.

The Chairman of the Special Committee appointed by the Governor and the Executive Council are: Appointed Chairman, Councilor Wieczorek, Councilor Wheeler was late and Councilor Spaulding did not even show up for the Bedford-Manchester-Londonderry-Merrimack #11512 - 4/8/04 mitigation hearing, which was held at Highlander Conference Center (Manchester). All 3 voted yes and did not care about all the land owners complaints.

[APB]

APB you might want to consider contacting the Intitute for Justice. They work specifically on government land grabs. www.IJ.org

They couldn't win the case for the Kelo 7. The government is too evil. You cannot work within their system.

Exactly.

You hiy=t it right onn the money.  The Londonderry Town Council, tonight voted to hold a special election to replace State Rep Paul Smith from Auburn, who resign and moved to another location.  Maybe I will run for that seat and fight them from the inside to get rid of this taking of private property and protect all of NH property rights.  HMMM

[Lex]

Maybe I will run for that seat and fight them from the inside to get rid of this taking of private property and protect all of NH property rights.  HMMM

You are a true American patriot!

Best of luck to you APB!

I think everyone here supports you 100%.

[AlanM]

Maybe I will run for that seat and fight them from the inside to get rid of this taking of private property and protect all of NH property rights.? HMMM

You are a true American patriot!

Best of luck to you APB!

I think everyone here supports you 100%.

I second KB's feelings. 

[KBCraig]

Maybe I will run for that seat and fight them from the inside to get rid of this taking of private property and protect all of NH property rights.  HMMM

You are a true American patriot!

Best of luck to you APB!

I think everyone here supports you 100%.

I second KB's feelings. 

I've got feelings?

???

[Dreepa]

You hiy=t it right onn the money.? The Londonderry Town Council, tonight voted to hold a special election to replace State Rep Paul Smith from Auburn, who resign and moved to another location.? Maybe I will run for that seat and fight them from the inside to get rid of this taking of private property and protect all of NH property rights.? HMMM

Run!!!!!!!!