Conservation commission moves to proceed with purchase of 11.21-acre Nooney Munger parcel

The Brentwood Conservation Commission voted on April 9 to proceed with purchasing about 11.21 acres of land on the northeast side of South Road, commonly referred to in the meeting as the Nooney Munger parcel, and to recommend that acquisition to the Select Board.

The commission approved a motion to proceed with the purchase previously approved by the Select Board, using $225,000 from the conservation bond that voters approved at the March 2022 town meeting. Commissioners also approved spending up to $23,100 from the Conservation Fund to cover transaction costs such as appraisal, environmental review, title work and municipal bond counsel fees while the purchase advances.

The phase I environmental report by Tom Ford Environmental Services was presented to the commission. A commission speaker summarized the firm’s finding that “further environmental assessment on the subject property to complete all appropriate inquiries is not warranted or recommended,” adding that, in the firm’s view, the property “came back clean.” The report and associated maps and historical aerial photographs are available in the project binder and will be sent electronically on request, the speaker said.

Commissioners reviewed the schedule and requirements tied to using a municipal bond and the New Hampshire Bond Bank. Andrea Hanson, the town administrator, had consulted with the commission and bond counsel about deadlines; bond counsel provided a checklist based on RSA Chapter 36-A and the bond bank’s schedule. A commission speaker said the commission must make a public recommendation and follow the notice timeline the bond bank requires so the town can meet the bank’s application and rating timetable.

Members debated whether a separate public hearing is required before completing paperwork. Bond counsel advised the commission to hold a public hearing and to post the required notices; the commission agreed to proceed with a public notice and to coordinate timing with the Select Board so the notice meets the bond bank’s deadline. The commission discussed several possible hearing dates in late April or early May and agreed to finalize the date after staff verifies publication timing with the Manchester Union Leader and the bond counsel.

Commissioners discussed transaction details that remain in process. Town council is conducting the title search. The commission confirmed that the purchase would be a fee-simple acquisition (not an easement) and that the deed would be recorded with language tying the purchase to conservation purposes as required by the warrant article.

Members debated whether to add a full boundary survey to the transaction budget. Commissioners said the parcel’s assessor maps and an older (1987) survey exist, but several members noted possible encroachments on one corner where nearby houses appear to be close to the parcel line. Some commissioners urged a boundary survey “as insurance” to avoid future disputes; others said title insurance and the existing documentation may be adequate and preferred to obtain cost estimates before committing funds. The commission agreed to request an estimate for boundary-survey work and to include a contingency for it in the transaction budget pending that estimate.

The commission also reported a simultaneous grant application to the Great Bay Resource Protection Partnership for reimbursement of transaction costs. Commission members said they plan to apply for approximately $15,000–$16,000 to reimburse transaction expenses and that the commission will pursue other reimbursements (for example, unspent funds from another bond) to reduce net cost to the Conservation Fund.

A member summarized next steps: finalize the public notice, confirm deadlines with bond counsel and the bond bank, complete the title search, obtain any estimates for surveying, and continue to track the grant application. The commission noted projected loan proceeds and a tentative closing later in the summer after the bond is issued and the bank’s schedule is met.

Commissioners voted on the motions during the April 9 meeting. The commission approved recommending the acquisition to the Select Board, approved proceeding with the purchase as described, and authorized use of up to $23,100 from the Conservation Fund to cover transaction costs while the purchase moves toward closing. The commission recorded that title work and other closing tasks are in progress and will be reported as they are completed.

The commission also noted that the phase 1 environmental results and supporting reports are available for review and that the commission will make public copies available and post required notices as part of the bond-bank process.