Madbury purchases two conservation easements

Madbury’s Conservation Commission has been saving up to buy conservation land for years. So, when two families came forward offering to sell easements on their farms, the town was able to make an offer. Chalk it up to good fiscal planning. Pending the results of a public hearing and a federal review, Madbury will complete the purchase of easements on 91 acres at the Hayes Farm on Mill Hill Road and 68 acres at the Roselawn Farm, which is south of Perkins Road. The Roselawn Farm straddles the Madbury-Durham town line, with 48 acres in Durham and 20 acres in Madbury.   

Purchasing an easement essentially means the town will own the development rights to both properties. The farms will therefore remain undeveloped, because the town will “extinguish the rights,” said Eric Fiegenbaum, chair of the Madbury Conservation Commission. The only exception to the building ban would be any structure built for purposes relating to forestry or agriculture.

“This is a huge thing for Madbury. It’s something that we put money aside to do, and now it’s gotten to the front burner,” Fiegenbaum said. The town has three other easements, which connect to form 123 acres of contiguous conservation land.
The cost of the Hayes Farm easement is $1,081,000. The Hayes family donated 50 percent of the property’s value. The remaining costs will be covered by a Conservation Commission fund and money from a similar fund managed by the Madbury Board of Selectmen.

“To expend monies from either of those funds, we’re supposed to have a public hearing to share what we’re doing and get input from the public,” Fiegenbaum said. The public hearing will be held on Tuesday, Dec. 11.

The Roselawn Farm easement costs $1,142,000. The Gangwer family, who owns Roselawn, donated 40 percent of the cost. The National Resource Conservation Service will cover 30 percent of the total cost in the form of a Farm and Ranch Land Protection Program grant, pending results of a federal review. The remaining costs will be evenly split between Durham and Madbury, with each town paying 15 percent. On Nov. 26, the Durham Town Council approved funding in excess of $170,000 for the easement.  

The 91 acres on Hayes Farm abuts the 350-acre Kingman Farm, a University of New Hampshire agricultural and forestry research center. Connecting the two parcels will improve wildlife habitat, create a buffer for sensitive research and increase public access to the open space. Kingman Farm has a number of walking and biking trails, and the Hayes family hopes to offer similar access to their property.

“They have a great love of people being able to walk across the property and get out and enjoy nature,” Fiegenbaum said, while also warning that “public access does not mean the public has free reign of the still privately owned property. Getting folks to respect landowner rights goes a long way to keeping the properties accessible.”

When considering the purchase of an easement, Madbury uses a checklist to assess the project’s value and viability. The criteria are based on conservation needs and the town’s master plan. The two parcels now under consideration meet the criteria. Bellamy River snakes through Hayes Farm for three quarters of a mile, offering scenic views and important water resources, Fiegenbaum said. Roselawn also has water resources. And, both Farms have rich agricultural soil, contribute to the rural character of Madbury and include important wildlife habitat.

“New Hampshire has tons of forests. We have more forests than we’ve had since the settlers came, but there is a deficit for wildlife habitat in terms of open field. Both of the farms are supporting wildlife species that need grassland,” Fiegenbaum said.

Although there have been some concerns that the project will require a tax increase, most of the public feedback has been positive, Fiegenbaum said. “It’s not a change in our town budget. We need to access some of the surplus funds. It’s all technically tax money, but this isn’t a request that would increase taxes,” he said.

Final approval of the expenditure requires a two thirds vote from residents who attend the Dec. 11 hearing, which is scheduled for 7 p.m. at Madbury Town Hall.  

Discussions concerning the Hayes easement have mostly been between the Madbury Conservation Commission and the property owner. But the Roselawn easement has been slightly more complex, mostly due to the fact that it includes land in Madbury and Durham. When it appeared possible that Roselawn could be developed, neighbors of the farm came together and commissioned an appraisal to see if an easement would be possible. Since then, Madbury contracted with a private consultant, Dia Brickner-Wood, who lives in Durham.

The Strafford Rivers Conservancy, a nonprofit land trust, will hold both easements. Its responsibility is to monitor how the land is used and whether the landowners are following the rules and regulations of the easements.