CONSERVATION COMMISSION
SPECIAL MEETING
May 23, 2006, 6:00 P.M.
Kendro Labs, 31 Pecks Lane
Newtown, CT
PRESENT: BARKMAN, CRAMER, FERGUSON, HOVIOUS, LURIE, WILSON AND WRIGHT.
The meeting was called to order at 6:05 p.m.
Wright came in at 6:07
Lurie came in at 6:28
I. Accepting of Minutes
Barkman made a motion to accept the Minutes of 05/09/06 second by Ferguson; the minutes should note “Wright came in at 12:35, Ferguson came in at 12:05, and the date should be May 9, 2006 and not June 9, 2006. On paragraph 5 should say Lurie and not Mark”; carried 6-0.
II. Public Participation
None noted
III. Presentation on Responsibilities and Goals
The Conservation Official Rob Sibley read his presentation, and submitted to the record.
Hovious asked about executive sessions when making recommendations for acquiring property for open space by the first selectman (Purchasing Authority). Sibley said that discussion about acquisition of properties should be in executive session; however the results of the discussion should be part of the record at the right time. He said that the criteria for rating properties should be transparent and that executive session had only so many boundaries.
Ferguson said that the commission should be as transparent as possible but it should not jeopardize the fact by alerting developers that property might be available. Wright had questions about natural resources inventory and surveying to place markers. Hovious said that it would be good to read the Conservation Commissioner’s manual distributed so that they could have a fair discussion about these issues.
IV. Aquifer Protection reviews
#06-08 Application by TP Properties, LLC for a amendment to a special exception for a 64,000 square foot shopping center with an additional 4,000 square foot bank, South Main Street and Cold Spring Road, Newtown, CT as shown on a certain map entitled “Index Plan Plaza South, Fairfield County, CT” dated 1/16/06, revised 3/25/06, scale “As Noted.
It was said that Planning and Zoning would have to change the wording in their regulations to reflect the separation of the Inland Wetlands and Conservation Commission; the aquifer protection reviews were the responsibility of the Conservation Commission because it was the Inland Wetlands Agency however the new Conservation Commission is not the inland wetlands agency.
Barkman move that there be no action on the above review, second by Cramer; carried 7-0.
V. Correspondence and Communications
Lurie moved to accept the wording by the Conservation Official (The Town of Newtown do not have open space regulations, only subdivision regulations pertaining open space) to answer Mr. Franz R. Pielmeier letter dated April 28, 2006, the motion was second by Barkman; carried 7-0.
Letter by the Borough Zoning Commission Chair about the Hunter Ridge Subdivision fee in lieu of open space; in the letter was asked how the money was going to be utilized, and how was going to be distributed between the Town and the Borough. The Conservation Commission had reviewed the mentioned application when it was the Open Space Task Force and it was recommended that the Planning Commission accept open space land. Planning denied the application and it was challenged in court; as a settlement the town accepted fee in lieu of open space equivalent to 20% of the land assessment prior to development.
Cramer said that Conservation should contact William O’Neil; Chairman of the Planning Commission and formulate a response in conjunction. Hovious said that the Conservation Commission was disappointed that fee in lieu of open space was accepted.
Cramer moved to table this discussion to the end of the meeting, second by Barkman 7-0.
VI. Executive Session
Barkman moved to enter executive session at 7:15 p.m. to discuss acquisition of properties, second by Cramer 7-0.
The Commission exited executive session at 8:03 p.m.
VII. Continuation-Correspondence and Communications
Discussion about letter from the Borough Zoning Commission
Motion to send a letter to O’Neil copied to the Borough Zoning Commission Chair as read to the record, second by Wilson; all voted in favor.
Upon motion the meeting was adjourned at 8:09 p.m.
| 
