Conservation Commission
MINUTES
Regular Meeting – October 12, 2010 @ 6:00 pm
Town Municipal Center, 3 Primrose Street, Newtown, CT
Present: Germain, Henderson, Hovious, Kaley, and Wilson
Staff: Deputy Director of Planning and Land Use; Tammy Hazen, Clerk
The Public Meeting was called to order at 6:09pm
The meeting was moved to the Legislative Council because of the number of public present.
Public Participation – Ron Polard, 5 Point O’ Rocks Road, stated his opposition to the proposed bike trail, saying it is inappropriate use of the land. He expressed concerns over the wetlands and possible erosion issues and feels it changes the intentions and purpose of open space. He also said this is the first summer there has not been water on the property.
Anthony Mason, 50 Deep Brook Road, stated his opposition saying it is a bird sanctuary and turtle habitat and asked if trees would be cut down. He said the trail needs to be marked.
Charles Mason, 50 Deep Brook Road, said his property is 20 feet from the stream and when it rains, his property is wet. He also discussed the bird sanctuary and concerns for the environment. He felt there’s enough dry land in Town that would be a better location for a bike trail.
Karen Lato, 14 Beaver Dam Road, said that they are very excited about the trail but is concerned about it being developed without the horses in mind. She said that if there were any bridges, they should be horse friendly.
Bill Pieragostini, 9 Point O’Rocks Road, asked if they have the correct maps and whether Land Use has responded about the proposed trail being in wetlands. He discussed deed restrictions on the land, including grading and removing soil. He said when the Town purchased the property from him, he reserved the right to use motorized machinery for their farm operation, but that Town-owned land is barred from using motorized vehicles. He feels that grading or making a bike track is against the deal that was made with the town and is concerned about mountain bikers creating damage. He also said that dirt bikes and mountain bikes currently go through the property and if you allow mountain bikes, more dirt bikes will follow.
Commissioner Hovious said that this topic with be discussed further when Mark Lurie from the Trails Committee joins the meeting. (See further discussions below under “Point O’ Rocks Trail”.
Added Items to Agenda – The items added to the Agenda include; Newtown Hook & Ladder (IW); Conservation Subdivision Regulations; and permission to access town land on Brook Heights Lane.
Approval of Minutes – Commissioner Germain motioned to approve the minutes of the October 2, 2010 Special Meeting. Commissioner Wilson seconded the motion. The minutes were unanimously approved. Commissioner Kaley motioned to approve the minutes of the September 28, 2010 Meeting. Commissioner Henderson seconded the motion. The minutes were unanimously approved as amended.
OLD BUSINESS – ACTION ITEMS
Report of Trails Subcommittee – Commissioner Kaley asked for feedback on the draft outline she prepared entitled “Newtown Open Space Trail Proposal Suggested Outline” which outlines the information and requirements of the Conservation Commission with regards to trails being developed on Town-owned land. The commissioners were in agreement with the outline. Mr. Sibley noted that maintenance of trails are often adopted by neighboring residents or youth groups (scouts), otherwise most trail maintenance fall within the Town’s purview. Commissioner Kaley will share the outline with the Trails Committee.
Point O’ Rocks Trail Discussion – Mark Lurie from the Trails Committee was present to discuss the second draft proposal. Commissioner Hovious asked Mr. Sibley if there were any Inland Wetlands permit issues regarding this trail. Mr. Sibley said most trail activities through Parks and Rec. fall under an exemption for use and enjoyment of land under the same wetlands statutes that DEP uses. He said most trail projects do not require local wetlands permits unless you are building a DOT road, installing a culvert or pipe or redirecting a stream. Certain bridge access is permitted and fall within use and enjoyment, i.e., the bridge at the Orchard Hill Nature Preserve is similar to the metal bridge in Sandy Hook behind the Laundromat, which did not require a permit. Those bridges
are capable of handling a horse.
Mr. Sibley also discussed the delineation of the wetlands on the Preserve and said there is a limited portion of the trail on wetlands. Mr. Lurie was asked to provide the disturbance associated with the trail (tree removal, stream crossings, etc.) and the locations of benching and switchbacks. The commissioners will walk comparable trails Mr. Lurie completed in Upper Paugussett State Park.
Mr. Sibley reviewed the Warrantee Deed of the purchase of three parcels the Town took full possession of (Town Clerk Map 7857), explaining the Grantor reserving the right to cross and re-cross parcels X, Y, Z by foot, by off road vehicle, and/or farm vehicles for lawful purposes. He noted that revised Lot 33, revised Lot 18 to revised Lot 19 of these parcels were contiguous, and that Grantor shall be responsible for repairing any damage to the property encumbered hereby as a result of the exercise of the rights granted. Commissioner Hovious also noted that there may be different restrictions on the conservation easements for both the Town and the Grantor.
Anthony Mason, 50 Deep Brook Road, reiterated his earlier comments regarding the wetlands, turtle crossing, and bird sanctuary. He asked how far away from property lines trails are allowed to be built.
Charles Mason, 50 Deep Brook Road, discussed the impact on the wetlands. He stated concerns over kids on bikes disturbing the area.
Ron Polard, 5 Point O’ Rocks Road, asked Mr. Sibley if the Town allows soil removal on open space. Mr. Sibley said it depends on the use explaining that an activity may have an accepted non-regulated use, depending upon the State Statute. He noted that State Statute dismisses most of DOT activities. He explained that activities may be considered a non-regulated activity, others require agent sign-off, and some require to go before the Inland Wetlands Commission. He further stated that from what is proposed, the trail is an allowed use as a non-regulated activity with his review.
Collette Polard, 5 Point O’ Rocks Road, asked about tick control via spraying. She shared concerns over parking and if there will be changes in Point O’ Rocks Road and shared concerns over effects to the water flowing into Deep Brook.
Bill Pieragostini asked about the maps and clarification of the wetlands regulations. Mr. Sibley explained the regulations regarding non-regulated activity associated with the pursuit of enjoyment of property. Mr. Pieragostini asked if a BMX bike is considered passive recreation and doesn’t feel a mountain bike is a bicycle. Mr. Hovious said it is not a motorized vehicle. Mr. Sibley said that the process for Parks and Rec has been in place for many years where an agent approval is required. He said the Conservation Commission can bring this to the Inland Wetlands Commission to have it formally named as a regulated or non-regulated activity. Mr. Pieragostini discussed a Legislative Council meeting in October 2006 where restrictions of the use of this property was discussed.
He feels the original agreement has been violated.
Karen Lato, 14 Beaver Dam Road, asked if the people in the horse community could be made aware when trails are proposed and be included in the planning process. Mr. Lurie said the trail in the Upper Paugussett was make with NBLA and built with horses in mind. He also said the trails committee will remove a pile of stumps and rubber tires that were dumped onto the property. They will also build it keeping horses in mind and there will not be any tick spraying.
DEP Water Regulations – Commissioner Hovious sent out a summary of provisions with a copy of the letter the Commission sent in February 2010. CT Legislature is accepting comments, Rivers Alliance suggested letters of support be submitted by late October. Newtown was on record with Letter #207 (from Newtown Conservation, Inland Wetlands and Land Use Departments) recommending the regulations. He noted Newtown has unique water bodies that need to be protected, including Pootatuck, Deep Brook, Pond Brook, Half Way River, as well as other rivers and waterways that are directly or indirectly used for water supply purposes. Commissioner Wilson stated concerns that the timeline for compliance and feels it is too long a period of time. Commissioner Kaley discussed the
classifications of waterways, such as wild or scenic, and if waterways in Newtown could be designated as such. Commissioner Hovious will send an updated draft of the letter to the commissioners.
NEW BUSINESS
Permission to Access Town Land on Brook Heights Lane – Mr. Sibley received a letter from a resident who lives adjacent to the Brook Heights open space land, He is seeking permission to track and retrieve a wounded game animal on Town-owned land. The commission discussed any deed restrictions and no hunting rules on Town land. Mr. Sibley suggested the Conservation Commission determines a policy on this subject. Commissioner Germain will draft a response letter and circulate it to the commissioners for review.
OLD BUSINESS – PROGRESS REPORTS AND UPDATES
Open Space Care and Maintenance Committee
a. Open Space Inventory and Maintenance Progress – Commissioner Kaley said the first phase is completed. The commissioners are continuing in their efforts.
b. Tech Park Future Meeting – Mr. Sibley said that .pdf's have been sent to the Land Use office. He attended a meeting with George Benson and Atty. Dave Grogins to discussed easements on the lower portion of the site.
c. Taunton Lake Status – Mr. Sibley has placed stickers on the boats and personal property on the Taunton Lake open space. He met with the Police Department to file a report. He also discussed No Parking signs, which are approved through the Police Commission.
d. Property Marking Plans, Surveying Status – Mr. Sibley met with CCA to discuss eight projects. Point O’ Rocks, Brook Heights and the upper areas on Pole Bridge are marked. Those to be marked are the Fulton property (corner of Platts Hill and Orchard Hill), a small parcel in Shady Rest, and the end of Wilderness Road. Commissioner Hovious needs a copy of the maps for Brook Heights.
e. Status of the Forest – Yale Meeting and Plans – Item tabled.
Public Education Sub-Committee Report
a. Invasives Working Committee Report – Commissioners worked at the cul-de-sac at Fairfield Hills and disengaged vines from the trees.
Natural Resource Inventory Update Status Report – Mr. Sibley received an e-mail from Bill Root. They are finishing up field work and expecting to be completed by the end of October.
Aquifer Withdrawal Status – No Update.
Tick Borne Disease Action Committee – Commissioner Germain stated that the TBDAC will be drafting a final report soon.
Owl Boxes – Commissioner Henderson discussed the volunteer and expressed safety concerns over volunteers having to scale a ladder to install the owl boxes. Mr. Sibley stated that he will install them.
Newtown Hook & Ladder Inland Wetlands Application – The commission discussed the impacts to Ram’s Pasture and feels they should be reviewing the application. Commissioner Hovious said he has collected temperature data in the past which shows that the water temperature above Ram’s Pasture is warmer than upstream.
Conservation Subdivision before Planning & Zoning – Commissioner Wilson discussed the POCD and the Conservation Subdivision regulations that are before P & Z. She discussed these ideas will Lilla Dean.
The meeting adjourned at 9:25 pm
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