Town of Newtown, CT Archive

3-25-08


	1 Conservation Commission APPROVED MINUTES Regular Meeting March 25, 2008, 6:30 p.m. 31 Pecks Lane, Newtown, Connecticut Commissioners Present: Hovious, Barkman, Ferguson, Wright (via phone), Cramer, Wilson and Kaley. Staff Present: Rob Sibley, Deputy Director and Tammy Hazen, Clerk --------------------------------------------------------------------------------------------------------------------- Executive session to discuss potential purchases of properties convened at 5:15 p.m. and adjourned at 6:00 p.m. The public meeting was called to order at 6:06 p.m. I. Public Participation Commissioner Barkman introduced Gene Fox to the commissioners. II. Minutes Minutes of March 11, 2008. Commissioner Ferguson motioned to approve minutes. Seconded by Commissioner Cramer. Motion carried unanimously. III. Old Business 1. Action on Recommendation to Planning & Zoning to Clarify Open Space Definition. Mr. Sibley reviewed the changes to the Open Space Definition. Commissioner Barkman motioned to approve the document. Seconded by Commissioner Ferguson. Motion approved unanimously. Mr. Sibley will forward the document to George Benson and to Lilla Dean of Planning & Zoning. 2. Open Space at Commerce Road. a. Final Presentation Approvals. i. Deep Brook Meadows Presentation. Commissioner Ferguson motioned to adopt the final presentation. Commissioner Cramer seconded. Motion approved unanimously. ii. Conservation Commission Presentation. Commissioner Barkman motioned to approve the final presentation. Seconded by Commissioner Ferguson. Motion approved unanimously. b. Report on 3/24/08 meeting. Commissioner Hovious opened discussion regarding a meeting with the following people in attendance: Pat Barkman, Joe Hovious, Rob Sibley, George Benson, Chet Hopper, Kim Danziger, Lilla Dean, Bob Mulholland, Liz Stocker and First Selectman Joe Borst. 3. Implementation of 2007-2008 Budget. a. Surveying: Mr. Sibley will forward an update from CCA to the commission. 4. Care and Custody of Open Space. This item was tabled, except for the following: Commissioner Wright noted that The Forest Association is having their Annual Meeting on May 8^th. Commissioner Hovious noted that the invitation reads “What comes after preservation once public and private land has been preserved and how do we manage it in a manner that is ecologically sound, easy to maintain, and esthetically pleasing”. He encourages all the Commissioners to attend. 5. Hattertown LLC Open Space Referral. Commissioner Cramer motioned that the open space on Hattertown property be accepted as recommended by the developers with the provision that more road front access would be provided and be in consensus with the Newtown Forest Association recommendation Item #3. Commissioner Cramer amended the motion to note recommendation Item #2 instead of #3. Seconded by Commissioner Ferguson. Motioned approved 5 to 1. Commissioner Wilson will draft a letter to Planning & Zoning. 6. Ferris Farm Fence and Trail. This item was tabled. IV. New Business 1. Iroquois Pipeline Discussion. Ruth Parkins, Manager of Public Affairs, and Rob Perless, Project Manager, were present to represent Iroquois and to discuss their 08-09 expansion. Iroquois is seeking an easement from the Town on two open space parcels; 53/2/52 and 53/2/48. The total requested easement amounts to 1.08 acres of permanent easement and 1.93 acres of temporary workspace. In order to have an access way to the pipeline and to limit disruption to the neighborhood, Iroquois purchased the Hamann property (53/2/24) which borders the pipeline. The estate also includes a parcel of property (32/1/29) that is surrounded by Newtown Forest Association. Ms. Parkins proposed this property to be given to the Town in exchange for the easement. According to the Town attorney, the Town charter is worded where the municipality cannot grant an easement to a utility company if it doesn’t benefit the parcel of land. This would require a charter revision and would seek a special act of legislation. Ms. Parkins noted that Iroquois could seek eminent domain, but would prefer a more positive solution. A municipality cannot be condemned by a utility according to state law, but it can be appealed in federal court under the natural gas act. This avenue would be costly to both Iroquois and the Town. Another option would be to use State Statute 16-265. The Town would grant a license to Iroquois to use the property for purposes of putting in a pipeline. This would be a temporary fix and would allow Iroquois to start the pipeline on June 1^st, which is their target date. They would then pursue the easement later on. Iroquois is under contract to complete the project by November 1^st. Mr. Perless displayed a diagram explaining the proposed right of way requirements. Commissioner Cramer asked what condition the temporary workspace would be left in. Mr. Perless stated that trees would need to be cut down but that the area would be allowed to revert to its natural state. Commissioner Hovious stated that in addition to the two parcels noted, there is an additional parcel of Town open space (54/13/20) and would it be disturbed. Mr. Perless stated it will not be affected. Mr. Sibley discussed all options with the Commissioners and suggested to Iroquois that their attorneys confirm with the Town Attorney about legal encumbrances on parcel 32/1/29. Iroquois also will supply a map of this property to confirm the amount of acreage. Mr. Sibley also discussed the possibility of a lot line revision on the Hamann property (53/2/24) which borders the pipeline. The commissioners will walk the property and pipeline area. Iroquois will work on language for the license and send it to Mr. Sibley. Mr. Sibley will do research on the conservation easement. Ms. Parkins stated they may also simultaneously pursue the avenue of the special act and go to the Board of Selectman to get it granted pending approval of the Commission. The commissioners will walk this site. Hayden Subdivision. Commissioner Hovious opened discussion. Commissioner Cramer motioned to recommend pay-in-lieu-of. Seconded by Commissioner Kaley. Motioned approved 5 to 0. Commissioner Hovious will draft a letter to Planning & Zoning. Taunton Lake: Mr. Sibley discussed families that have been asked to leave by the Fish and Game Club for canoeing or fishing on the lake. He wants to meet with the Chief of Police to make sure residents will not be arrested. Commissioner Barkman motioned to adjourn at 9:00 p.m. Seconded by Commissioner Kaley. Motion carried unanimously.