Warner
Conservation Commission
Minutes of
Special Meeting
Attending:
Commission members Rich Cook, Laurie Terwilliger, Jim Hume, Ted Young,
Brian Hotz, Nancy Martin, Sarah Allen, and Jim McLaughlin (recording).
Meeting
began at
Land
Protection:
Rich
outlined the purpose of this special meeting as a need to discuss a conservation
easement on the 446 acre Nichols’ Bound Tree lot. The WCC has been discussing
a possible conservation easement for over a year and has been looking for a
conservation buyer who could afford the asking price. Brian distributed a
written description of the property and the proposed easement structure. William
Chapin has signed a purchase and sale agreement with Judith Moyer at a price of
$650,000 for the property. Rich and Brian have negotiated to pay $125,000 for a
conservation easement, subject to WCC and Selectmen approval. Apparently Mr.
Chapin is motivated, in part, by a desire to help protect a portion of the
Contoocook Village Water District’s water supply - Bear Pond watershed.
Brian
pointed out that the CE price is well below the market value. Currently, three
building lots could be subdivided along the property’s frontage on
There
is about $149,000 in the Conservation Fund at present. If the WCC moves ahead on
this project, it would basically use most of the available funding this year.
Other potential easement opportunities were discussed and the conclusion reached
was that this would be the best use of Town funds. This opportunity, if not
acted on, will most likely not come again for some time, if ever. A key
consideration is the interest of Mr. Chapin in working with the WCC on this
project.
Concern
was voiced about the price offered - $650,000 as being too high and that it
would influence future purchase prices of other land in town. Brian admitted
that this was a problem, but that the per acre price of $1,457 is not out of
line with what’s happening in the land market in
The
WCC will ask the Forest Society to hold the grantee interest in the easement
with the Town holding the executory interest. The easement would contain typical
WCC/SPNHF language allowing the property to be used for agriculture, forestry,
and noncommercial recreation. Pedestrian access for the public would be
permitted. The proposed easement would prevent the two tracts (130 +
acres and 420 + acres) from being conveyed separately. There would be two
reserved rights:
1. the right to subdivide and withdraw a separately conveyable lot not to
exceed 5 acres, or the minimum lot size allowed under the then current zoning
regulations, whichever is greater, that has at least the minimum required
frontage on East Joppa Road; and,
2. the right to withdraw from the use limitations of the easement as area
of land not to exceed 5 acres for use as a house lot. Said lot shall not be a
separately conveyable lot and shall not be visible from Rte. 103 or I-89.
Brian
outlined the likely costs to the Town of making this easement happen, in
addition to the $125,000 purchase price, as follows:
Legal
fees - $600; recording cost - $60, stewardship endowment - $3,000, transfer tax
- $937.50, title abstract - $400. Another cost that will most likely come into
play is that of surveying some or all of this parcel. There was considerable
discussion about the vagaries of the deed description of the boundaries of the
parcel. Brian voiced his opinion that the lawyers for the purchaser will find it
lacking. If this is the case, then a survey may be necessary to clear up these
uncertainties. The question of who will pay for survey costs was left
unanswered, except to say they could be considerable. Rich said he would talk to
the
Mr.
Chapin wants to complete this deal in one month which may be very optimistic,
given the state of the deed.
A
motion was made and seconded that the Warner Conservation Commission votes to
purchase executory interest in a conservation easement on approximately $$6
acres of land in Warner, NH, from William Chapin for a total project cost of not
more than $130,000. The Society for the Protection of New Hampshire Forests will
hold the grantee interest in the easement and assume the annual monitor and
easement enforcement responsibilities. This motion was approved by a majority,
one member voting in the negative.
Brian
offered to draft the easement and send it out for comment. he and Rich plan to
meet with the Selectmen next Tuesday for their concurrence. A public hearing
will then have to be set, probably in about 3 weeks.
The
meeting was adjourned at