The following summary of our status with the Newmarket Conservation Commission was prepared by Russ Simon for the Waterfront Association but we felt this should go out to the entire Association as well. I want to emphasize that our opposition to the construction in wetlands is both a reflection of our desire to protect the environment at Moody Point generally, and their particular role in the mitigation of storm-water runoff we now experience. Ultimately, most of the run-off from our community finds it way onto Lot#4. Where and how it is handled is of critical importance to us in avoiding erosion, unplanned swamps, and unfiltered feed to the Bay.
Regards,
Jim Fitzpatrick, President MPCA
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On 11/16/05 I received two registered letters officially
notifying me, as President of the Waterfront Association, and you, as members
of the Waterfront, that two applications had been submitted by New Hampshire
Soils (representing the Moody Point Company - Walter Cheney) to the State's DES
(Department of Environmental Services) requesting approval to build on the two
lots in Osprey Circle (Lots 5-1-1 & 5-1-2) and the one lot next to the Fire
Pond Road (Lot 2-7). Two of these
three lots have been classified by the State as Statutory Wetlands and one is
adjacent to the Wetland. We, the
Waterfront, received these letters as we are abutters to all three of these
properties. Please see copies of
the letters attached. My email
will constitute notification to you.
Letters were also delivered to the MPCA and other individuals, as
abutters to one or more of these lots.
The State DES applications were submitted to the Town &
the State on the morning of 11/17/05.
I made one copy of each application shortly after being delivered to
Town Hall. Each application is
around 150 pages.
As best as I know the process today, the application to
build on Wetlands must be approved by the State's DES and also the Town has to
approve a local Conditional Use Permit before any construction would be
allowed. In addition, the
application is to be reviewed by the Newmarket Conservation Commission for
their opinion. Though the
Newmarket Conservation Commission has no official role in the application
approval process, their opinion carries weight with the Town and the DES.
Jim Fitzpatrick, as President of the MPCA and I, as
President of the Waterfront and Secretary of the MPCA, are beginning
discussions with the State DES, the Town and the Conservation Commission
notifying them of our opposition to any building on these lots due to the
current and ongoing drainage problems at Moody Point and the lack of an
existing approved drainage plan for the Moody Point Community. This opposition is supported by the
MPCA Board as well as a petition signed by at least 88 members of the MPCA.
To date Jim, I and another dozen or so people attended the
recent Newmarket Conservation Commission Meeting on 11/17/05 where NH Soils was
initially presenting the applications to the Commission for their approval and
support. During the presentation
we briefly informed the Commission of our drainage problems at Moody Point and
that we were working with both the Town and the UNH Storm Water Management
Center on developing solutions to our problems. We also informed the Commission that no record of the
approved drainage plan for Moody Point exists - not with the State, the Town,
the County, the Developer or the Engineering firm that did the original plan in
the mid-1980's and as a result there was no drainage plan for Moody Point. We also provided the Commission with a
copy of the MPCA member's petition opposing building on the Wetlands lots.
The Commission decided that they needed time to study the
recently delivered application, do a site walk of the lots in question at Moody
Point and perhaps have an engineering review of the plans in the
application. As a result, they
would ask the State for a 40 day extension to review the application in detail
before issuing an opinion. They
also agreed to do a site inspection of the lots, currently planned for
Saturday, 12/3/05 at 9 AM. In
addition, they said they were interested in getting educated as to our drainage process with the Town and were
most interested in what the UNH team had to say.
That's the status of the Wetland's Applications at the
moment. Jim and I will continue to
follow-up with the State, Town & Commission on our Community's concerns and
issues.
As an additional note, in my ongoing discussions with the
Town Administrator and his staff on getting some work done on the roads and
road beds where we have significant deterioration and standing water, I have
been informed that the Newmarket Public Works Department should be out at Moody
Point for a couple of days early next week to work on some of the problem
areas. Stay tuned.
Regards,
Russ