Proposed Conservation Restrictions at Cross Farm Discussed

Developers of the Cross Farm project that can be seen along Route 102 came to the Conservation Commission to review plans to conserve major portions of property where they are building single-family 55+ houses.

As part of the tentative project approval with the state Department of Environmental Services (DES), the developers must protect three ecologically sensitive parts of the property with conservation deed restrictions. These parts of the property make up the bulk of the 81 acres on the property planned as open space.

Because the Cross Farm development is impacting wetlands in other area of the property, they are required to compensate for that either by contributing to the New Hampshire Aquatic Resources Mitigation Fund or protecting other areas to offset their wetland impact.

At the urging of the Conservation Commission, Cross Farm chose the land protection option. Had they made a financial contribution to the ARM fund, that money could have been used by the state for conservation anywhere in New Hampshire.

The Commission reviewed the draft of the proposed Declaration of Covenants and Restrictions prior to Cross Farm reviewing the latest draft with DES. According to the agreement the areas to be conserved are “critical wildlife habitat, which includes fields, wetland and upland habitats that provide significant habitat for numerous species.”

The conservation areas, totaling 50 acres, are permanently protected from development. An 8-acre parcel on the eastern part of the property is potential habitat for the endangered New England Cottontail rabbit. In addition to development restrictions, this area will not be open for passive recreation.

A 26-acre property to the west (parcel B) contains a lot of wetlands and is prime habitat for endangered Blanding’s turtles, as is a 16-acre (parcel C). Parcel C is a finger of wetlands running through the center of the property. In both parcels, passive recreation will be allowed for Cross Farm residents and their guests but will not be open to the public.

Cross Farm shared that discussions with DES may lead to parcel C being divided into two parts, C and D, in the agreement because a planned road will bisect it.

Both DES and the town will hold enforcement rights on the easements if Cross Farm or neighboring abutters do anything that violates the conservation agreement. Commission Chairman Marge Badois suggested that Cross Farm notify abutters of the restrictions within the protected areas.

In other business, Badois informed the Commission that the purchase of 66.9 acres on Griffin Road for $720K had been closed. This property was approved by the Town Council in March and was paid for from the conservation fund.

The Commission expressed concern that the deed they saw in their meeting did not contain a clear statement that the property was to be conserved. They also had not voted to expend the funds. This procedural oversight and a request to see if the conservation restrictions where covered in another document were forwarded to Town Manager Kevin Smith for clarification.