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Conservation Commission
DRAFT MINUTES
Regular Meeting
November 25, 2008, 6:00 p.m.
31 Pecks Lane, Newtown, Connecticut
Commissioners Present: Hovious, Barkman Ferguson, Cramer, Wright (via telephone)t, Kaley and Wilson
Staff Present: Rob Sibley, Deputy Director, Tammy Hazen, Clerk
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Executive Session opened at 5:00 p.m. and adjourned at 5:59 p.m.
The public meeting was called to order at 6:00 p.m.
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I. Public Participation.
Several members of the public were present. Commissioner Hovious asked if anyone wanted to address the Commission. Heather Rodriquez, 6 Meadow Road, was present to discuss New Business Item #3 (hunting on open space land). Several other members of the public stated the same. Commissioner Ferguson motioned to move new business item #3 to the beginning of the agenda. Commissioner Cramer seconded the motion. Motion carried unanimously.
II. Update on Natural Resource Inventory Vendor Selection RFP and interaction with CT Farmlands Trust
No new information.
III. Minutes - Approval of 10/28/08 Meeting Minutes - Item tabled.
IV. Old Business – Progress Reports and Updates.
1. Open Space Purchase Discussion and Resolution as Appropriate – No update.
2. Open Space at Commerce Road Update.
Commissioners Hovious discussed a very productive meeting the subcommittee had with members of the EDC and staff that was held on November 14th. The committees had the opportunity to bring forth their views with respect to Economic Development and Open Space. There was discussion regarding each commission’s charge. Alternatives, such as solar energy, was discussed, as well as some flexibility with the moving of lines, depending upon the EDC’s proposition. No resolutions were made, but there is a better understanding between the two commissions. Agricultural uses on the property were also discussed. Commissioner Hovious noted discussions regarding the Commission’s ranking process and asked if the Commission would like to share the
aggregate ranking on the property with the EDC. Commissioner Ferguson motioned that the Commission share the aggregate rating piece, along with the additional comments, with the EDC. Commissioner Barkman seconded. After discussion, the motion was approved unanimously. Commissioner Hovious stated that the subcommittee will revise the rationale for the preservation of the property and bring it forth to the Commission for approval at a later date.
BRAC
Commissioner Hovious discussed a meeting held regarding a proposal to install a BRAC (Defense Base Closure and Realignment Commission) facility on this property. The Commission was asked by the First Selectman to consider the property as a candidate location. Commissioner Hovious noted that the subcommittee recommends against locating the facility on this property for the following reasons (1) The preservation of the open space recommended by the Conservation Commission for the use of the people of Newtown; (2) The concern that locating the facility in this area and ensuing army security will hinder and discourage public access to the existing and future open space
along Deep Brook, Trades Lane, Watertown Lane, and Old Farm Road which is currently used by a variety of hikers, dog walkers, fishermen, runners, cross country skiers, and other citizen users; (3) The loss of both short and long term input through reviews by Planning and Zoning, Inland Wetlands, and other Town groups into the use of this special area; (4) The proposal to conduct vehicle maintenance in the Pootatuck aquifer protection area; and (5) The creation of a potential military or terrorist target in close proximity to three schools, three preschools and a church. After a lengthy discussion, Commissioner Wilson moved that the Commission recommends the sub-groups recommendation. Seconded by Commissioner Barkman. The
motion was passed unanimously. Commissioner Hovious will send out the final version via e-mail.
3. Status of Iroquois Property Transfer - No update.
4. Citizens Requests – No update. (Can be taken off future agendas.)
5. Kotch question of CT General Statute 12-107 and Danbury Tax abatement program.
Commissioner Ferguson discussed Dr. Kotch’s question regarding whether the Town implemented the provisions in this statute. Out of three provisions, the Tax Assessor stated that the Town has adopted two, (Agricultural & Forest). The third, which reflects a tax break for property owners if their property is designated as open space, is not adopted yet. Legislation may need to be crafted.
Mr. Sibley asked where the agricultural and forest provisions are adopted currently. If the statue is adopted, does it automatically include all three.
Commissioner Wilson discussed a Tax Abatement Program that was adopted by Danbury (Section 12-129r) (handout distributed). Mr. Sibley stated this could be an ordinance adopted by Newtown.
V. New Business
1. Delegation of Routine Requests to Land Use Staff
Commissioner Barkman noted concerns of the Commission being spread too thin. Alternatives were discussed, including developing more subcommittees where other volunteers could be included. Mr. Sibley recommended that the Commission go into Executive Session. Commissioner Ferguson motioned to go into Executive Session. Commissioner Kaley seconded the motion. Motion carried unanimously.
Commissioner Ferguson noted that the responsibilities of the Commission has grown. Commissioner Barkman noted that original goals set forth by the commission has been set aside. Commissioner Hovious noted some key goals, such as Care and Custody of Open Space and Natural Resource Inventory, need to be brought forward. He suggested that if a specific topic comes up, a subcommittee or staff member can be delegated to bring back a specific recommendation, which would alleviate discussions during the meetings.
2. Vona Subdivision
Commissioner Hovious noted that the subdivision plans were difficult to decipher. Mr. Sibley stated that the plans were not clear and that the Engineer needs to provide an overview of the open space. The largest vernal pool in Newtown is in this location. Commissioners will walk the site before the next meeting on December 10th.
3. Hunting on Open Space Lands
Commissioner Wilson discussed a Deer Management Task Force that the First Selectman is putting together and stated that the Commission needs to determine its position regarding hunting on Open Space. Mr. Sibley stated that the First Selectman is making a list of those who are interested in serving on the task force, but there has not been a mission statement drawn up yet. He and Donna Culbert, the Director of Health, are providing input on the development of the mission statement that the First Selectman will write. Commissioner Hovious stated there should be one Commissioner on the task force to represent the Commission. Commissioner Cramer voiced concerns over hunting on open space and strongly feels it would be a contradiction to the mission of the
Commission. Commission Ferguson stated that certain groups feel that deer are a primary source for the spread of Lyme Disease and stated that the science part of it is important to explore. Commissioner Hovious noted that the Commission is only an advisory group.
Several members of the public voiced their concerns against deer hunting on Town open space: Lorraine Silber, 5 Crown View Drive, Sandy Hook; Patty Olstrom, 7 Brookfield Drive; Cara Lee Mason, Animal Control Officer; Anthony Mason, 50 Deep Brook Road; Charles Mason, 50 Deep Brook Road; Layla Nichols, 115 Toddy Hill Road; Jody Bialik, 5 Briarwood Lane; Dee Davis, Vice President of Newtown Bridle Lands Association, 42 Orchard Hill Road, Newtown, CT. All of the remarks that were made were against hunting and was related to the safety of their children, the people who use open space for hiking and the use of equestrian trails. The value of homes along the open space parcels were also noted.
Several members of the public also voiced concerns over the marking system on open space parcels and the fact that bow hunters set up tree stands within close proximity of. Mr. Sibley noted that open space parcels are being reviewed and indexed. If a deer stand is on public property, it can be enforced. But, if it’s set up on private property, there’s nothing the commission can currently do. Mr. Sibley noted that the DEP is the statutory authority for hunting and there is no ordinance, currently, to stop hunting.
Commissioner Hovious stated there are a variety of types of open space parcels. To generically to talk about town open space is difficult. Mr. Mason stated that there should be no hunting allowed on any open space parcels until they are all correctly marked, with which several commissioners agreed. Commissioner Hovious stated if anyone wants to view the State of Connecticut’s Hunting Regulations, they are available in the Town Clerk’s office or on the DEP’s website. He strongly urged anyone who walks open space (or other open areas) during hunting season needs to wear blaze orange.
Regarding the concern for tick borne diseases, Mr. Sibley and Ms. Culbert are looking for holistic approaches to make sure all voices are heard. He noted that developing a task force does not mean there will be a culling program, it simply means that the Town has an issue that needs to be addressed. A task force (that includes both the Health Department and the Conservation Commission) needs to be in place in order to review the concerns in an open forum. He is hoping for a great deal of public input.
4. Meeting Schedule for 2009. Commissioner Ferguson motioned to approve the schedule. Seconded by Commissioner Kaley. Motion approved unanimously.
5. CC Leadership for 2009.
Commissioner Wright motioned to adjourned at 8:20pm. Seconded by Commissioner Wilson. Motion carried unanimously.
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