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03-09-10 Amended




Conservation Commission
MINUTES (Amended)
Regular Meeting
March 9, 2010 6:00 pm
Town Municipal Center, 3 Primrose Street, Newtown, CT

Commissioners Present:  Hovious, Barkman, Kaley, Wilson, Cramer, and Grabowski
Staff:  Rob Sibley, Deputy Director of Planning & Land Use, Ann Astarita, Wetlands Enforcement,
and Tammy Hazen, Clerk
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I.      Executive Session – was called to order at 5:00 pm and adjourned at 6:00 pm.

The public meeting was called to order at 6:15 pm

  • Public Participation – Two members were present to discuss the Pecks Lane Project.
III.    Approval of Minutes – Commissioner Wilson motioned to approve the minutes of February 9, 2010.  Commissioner Cramer seconded the motion.  Motion approved the minutes unanimously as amended.

IV.     Old Business – Action Items

Open Space Purchase Discussion and Resolution as Appropriate – Commissioner Cramer motioned to follow up on the following properties; 10-01, 09-11, 09-09.  Commissioner Wilson seconded the motion.  Motion approved unanimously.

Pecks Lane Conservation Easement Request - Michael Buturla, P.E., L.S., from The Huntington Company in Fairfield, CT, and William Kenny, Soil Scientist, were present requesting approval of the proposed change in the Conservation Easement on 8 Pecks Lane.  Mr. Sibley noted the history of the site, noted concerns over pressure from Rte. 25.  He said that although Planning & Zoning accepts the conservation easement for special exception, it’s the Conservation Commission’s responsibility to determine whether it is warranted.  Commissioner Hovious stated concerns whether the easement language allows for this change.  Ms. Astarita asked if the plan could be downsized so that it does not encroach into the easement.  Mr. Buturla and Mr. Kenny noted that the owner, Mr. Spath, wants to improve the area.  The conservation easement language was reviewed.  Mr. Sibley stated that as long as the work remains in the spirit of the conservation easement it should be fine. Commissioner Cramer asked that the plants they chose be deer resistant.  Mr. Kenny said they can put up a temporary fence to protect the area until the plants get established.  

Commissioner Kaley motioned to accept the proposal of Talon Ridge Builders to encroach on the existing conservation easement for the purpose of creating a water treatment facility in exchange for increasing the conservation easement area bordering Pecks Lane as described in the letter of February 11, 2010 from Charles Spath, Talon Ridge Builders.  Commissioner Barkman seconded.  Motion carried unanimously.

Tick Borne Disease Action Committee – Commissioner Hovious noted that on March 19, 2010 there will be two scientists from the CT Agriculture Station in Newtown to walk open space parcels to review the state of the forest (deer browse).  The Conservation Commission has been asked to provide a list of parcels and will participate in the walk.  The commission discussed parcels and came up with the following list:  Reynolds (off Sugar Hill); Orchard Hill Preserve; Grady; Pole Bridge; Deep Brook (southern part of Al’s Trail); and Brook Heights.  Mr. Sibley will bring a GPS device.  He asked that everyone meet at the Town Municipal Center at 9:00 am.  Commissioner Wilson will provide the list to the Tick Borne Disease Action Committee.


  • New Business
  • April 24th Earth Day Plans – This year’s Earth Day will be at the Middle School.  Commissioner Cramer will take the lead on this and asked the commissioners to send suggestions or ideas to her.
  • “Men in Green” Tree Planting Proposal – Mr. Sibley discussed this group of six 7th graders that won a regional science contest.  The group won $10,000 and is using the money to create a non profit organization called Men in Green, LLC.  They have asked Mr. Sibley for a location where they could plant two or three acres of donated trees.  He felt the best property would be the land that the Town will receive from the State at the site of the Fairfield Hills waste water treatment plant.  There is a strip of land that would be good for this tree planting.  A plan from Men in Green is forthcoming.  Commissioner Hovious suggested that the existing road next to the river be moved over and away from the water and that an easement be created between the road and river.  Mr. Sibley will contact the Men in Green to see if they would also be interested in volunteering on Earth Day.
  • Proposed Scout Projects (Continuation of Monroe Rail Trail 600 feet into Newtown) – Mr. Sibley asked if this project could be approved by the commission.  It was noted that neighbors in the area are concerned over the trail because if people walk beyond the designated trail, there is a path that enters into a contaminated brown field.  It was noted that there will be a barrier to mark the trail end.  
Commissioner Grabowski motioned to allow the Eagle Scout to do work on Town Open Space as presented.  Commissioner Barkman shared concerns over the proposed sign but it was noted that the sign is part of the project.  Motion seconded by Commissioner Cramer.  Motion was passed 4 to 2.  Commissioners Hovious, Kaley, Cramer and Grabowski were in favor.  Commissioner Wilson was opposed and Commissioner Barkman abstained.

CT ECO Discussion – Item tabled.

Town-Wide Invasive Species Committee Task Force – Ms. Astarita discussed a grant for invasive plant removal.  This is a five-year plan and the work will begin in the spring and scheduled to be completed by fall.  She suggested starting a task force committee to prepare for receiving the grant.  Mr. Sibley stated that with invasive removal, the procedures must be to cut the invasive plants and leave in place.  Invasives should not be removed from the area or disposed of at the land fill.  An herbicide will be used on Mile-a-minute.  The subcommittee was noted as follows:  Commissioners Wilson and Cramer and Ann Astarita.  There will also be recruitment from other organizations and marketing articles in the paper.

Memorial and Community Gardens – Ms. Astarita discussed the possibility of a memorial garden and community garden on the Fairfield Hills campus.  A community garden could be a co-op and provide fresh produce for residents.  It would require clean soil, insurance and water.  Until she gets more information, this will be tabled for now.  Mr. Sibley noted that Sarah Middeleer was retained to create landscaping around the municipal center.  The Norway Maple trees are slated to be removed and other trees will be planted.  Ms. Astarita noted some ideas for a memorial garden on the campus.  Commissioner Wilson said she would like to see wildflowers.  Mr. Sibley will meet with George Benson and Ms. Astarita to discuss this.  He said this can be incorporated into the Master Plan.  

VI.     Old Business – Progress Reports and Updates

1.      Open Space Care and Maintenance Committee

a.      Open Space at Commerce Road Update – Commissioner Hovious received an e-mail from Bob Rau and was told that a map is forthcoming.

b.      Open Space Marking and Inventory, web Access –. Mr. Sibley provided an update on web access and the eventual access to open space maps on the website.  He also noted that 750 trail markers have been ordered. There will be a trail marking event on March 16th at 9:00 am.  Everyone will meet at Dickenson Park parking lot.  

  • Geo-Caching Policy Discussion – Item tabled.
2.      Strategic Planning - Open Space Definition and POCD Update Plans and Status –.Commissioner Hovious opened discussion and noted that the State calls for a goal of 25% open space land.  The Conservation Commission will propose to the Board of Selectmen and total of 30% for Newtown.  

3.      Acquisition Strategies Tax Abatement Status – No update.  

4.      Public Education Sub-Committee Report – Commissioner Barkman noted that the Duck Race is scheduled for May 9th from 10am to 4pm.  The summer camp has been renamed “Fishing, Falling Waters, Frogs and Fun” and is scheduled for June 28th through to July 2nd (am only).  Sarah Middeleer, Guy Peterson and James Belden are planning to volunteer with the camp.  An Aquifer Presentation for fourth graders was also discussed.

5.      Al's Trail – Commissioner Barkman said that Parks and Rec. have been helpful with invasive plant removal.  Mr. Sibley suggested that instead of spraying, the herbicide be painted on the plants.  Mr. Sibley will inform Parks & Rec.  She noted that the trail has been marked from the vista to the natural bridge and back to the map box.

6.      Hawleyville Transfer Station – Mr. Sibley noted that the Inland wetlands commission denied their permit and that there is a second violation.  

Proposed Open Space on Queen Street – The Board of Selectmen will be voting on this at their next meeting.

  • Trail Proposal Format and Pole Bridge Trail – Commissioner Hovious, Barkman and Kaley walked with the Trails Committee.  It was noted that the Trails Committee will mark trails before the Conservation Commission can approve them. The commission discussed the liability insurance relating to mountain biking.  Commissioner Barkman noted that Al’s Trail is for pedestrian use only.
  • Natural Resource Inventory Update – No update.
The meeting was adjourned at 9:18 pm.