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12-14-10
Conservation Commission
MINUTES
Regular Meeting – December 14, 2010 @ 6:00 pm
Town Municipal Center, 3 Primrose Street, Newtown, CT
Present:  Commissioners Cramer, Germain, Henderson, Hovious, Kaley, Wilson, and Wright (by phone)
Staff: Rob Sibley, Deputy Director Planning & Land Use; Tammy Hazen, Clerk

The Public Meeting was called to order at 6:03 pm

Public Participation – Several members of the public were present to discuss the Point O’Rocks Trail and Deborra Zukowski was present to discuss open space at Fairfield Hills.

Correspondence – Mr. Sibley discussed a request by DEP to review a permit to restore a small dam on Bennett’s Bridge Road.  The commission will provide comments on it.

Ann Astarita forwarded a Cease and Desist Order for a 2 Avalon Way for the Commission to review.
Approval of Minutes – Commissioner Germain motioned to approve the minutes of November 9, 2010.  Commissioner Cramer seconded the motion.  The minutes were unanimously approved as amended.

OLD BUSINESS – ACTION ITEMS

Al’s Trail Update and Report on Mapping, Permissions and Maintenance Work Process – Pat Barkman was present to discuss Al’s Trail and explained a bit about its history.  Mr. Sibley, Ms. Barkman and Steven Birney (Newtown’s new GIS Tech) walked and mapped a good part of the trail with GPS instruments.  Al’s Trail website will be linked to the Town’s website.  Ms. Barkman said the trail is 11 miles long and is in good shape but that invasives have to be removed regularly otherwise the trail would become impassable.  Parks and Rec. are assisting with the invasives removal.  

Mr. Sibley, Commissioner Hovious and Ms. Barkman met in November to discuss Al’s Trail, exchanging information and discussing goals.  Ms. Barkman will be the commission’s eyes and ears for the trail and will confirm that the layer in the GIS system is accurate.  Once the entire trail is completed on the GIS system, work requests on the trail will follow through a formal process.  The Town will be responsible for the maintenance on the trail.

Point O’Rocks Trails Discussion / Decision – Mark Lurie reviewed his updated trail proposal for the Point O’ Rocks Preserve.  Bill Pieragostini, 9 Point O’ Rocks Road, stated his opposition regarding the trail and discussed his letter (not dated) submitted with recommendations for conditions.  Anthony Mason, 50 Deep Brook Road, stated concerns over the trail hugging the property line.  Ron Pollard, 5 Point O’ Rocks Road, said that Mr. Pieragostini’s property is steep.  Mrs. Pollard showed a slide show of pictures that were taken of the area.  Mr. Pieragostini questioned the survey that was done by the Town.  Mr. Sibley explained that a professional land surveyor surveyed the property and feels that it was marked correctly.  Mr. Lurie asked the adjacent property owners if it would help if the trail was pulled farther away from the property lines.

After further discussion, Commissioner Kaley motioned to approve a multi-use trail to be constructed by the Newtown Trails subcommittee of the Parks and Recreation Commission on the Point O’Rocks preserve as depicted in the information provided by Mark Lurie to the Conservation Commission dated December 14, 2010.  The trail is to be for non-motorized, passive recreational use only and is subject to the following conditions:

1.      The trail route will be marked with pin flags and inspected on a walk-through of the property;
2.      No trees will be cut down;
3.      There will be minimum disturbance of existing stone walls with any modifications to be approved by the Conservation Commission on the walk-through;
4.      The trail section across from Dickenson Park will be constructed during periods when turtles are not actively nesting nor crossing the area;
5.      The wetlands portions of the property will be raked, and armored or protected using other techniques as necessary;
6.      Adequate signage will be installed to notify users of abutting private property;
7.      The Conservation Commission will maintain ongoing communications with abutting property owners and the Trails Committee to assess and address user issues;
8.      Post-construction trail maintenance will be performed by the Town Parks and Recreation Department upon request.

Second by  Commissioner Wright, for discussion purposes.  Commissioner Wilson stated concerns for the wetlands and other issues.  Commissioner Germain said she personally uses the trails in town but also understands how the neighbors feel.  Commissioner Henderson said there are too many unanswered questions with the wetlands, the turtles, and the overall environmental issues. She feels the commission should wait for the spring to make a decision.  Commissioner Cramer agreed with everyone and added her concerns over the lack of addressing the flora and fauna issues.  Commissioner Hovious said the property was purchased for the use of trails.  Commissioner Wright said that the type of trail was not discussed or where the trail would be.  

Commissioner Hovious called to question the motion.  Commissioner Kaley then withdrew her motion.  The project will be revisited in the spring.  Commissioner Germain said she understands that the Trails Committee is trying to create trails and does not want to see them discouraged.  

Fairfield Hills Open Space Discussion / Recommendations and Property Rating – Deborra Zukowski from the Fairfield Hills Master Plan Review Committee was present to discuss open space on the campus.  Ms. Zukowski asked if her committee could have Conservation Commission’s recommendation by December 26th.  She said that they are looking for information on the commission’s process as well as their position and are gathering information such as pros and cons so the public is fully informed.  The subcommittee will hold a special meeting on Tuesday, December 21, 2010 and will meet at 8:00 am at the Municipal Center for a tour and discussion.

Tech Park IWC Public Hearing and Comment Preparation – Commissioner Hovious read a memo from George Benson to IWC discussing open space on the Tech Park.  The memo was voted on with a unanimous approval by EDC.  The commission reviewed Tech Park comments dated 12/12/10 V2 written by Commissioners Hovious, Kaley and Wilson, which will be updated.  Commissioner Hovious said that EDC asked to meet with the Conservation Commission to discuss any particular that should be addressed.  The commission will continue to work on this electronically,  

NEW BUSINESS

Report on OS Presentation to BOS and Follow-up Actions – Mr. Sibley discussed his presentation on open space was to the Board of Selectmen.  He has been working on buttoning up grants and discussed the BOS developing a mandate regarding open space.  

New Invasive in Ridgefield – Commissioner Kaley discussed a new invasive found in Ridgefield called Fiveleaf Akebia.  

Property Transfer – Commissioner Hovious discussed property on Deep Brook that will be conveyed to the Town.  A conservation easement will be placed on the property.  

OLD BUSINESS – PROGRESS REPORTS AND UPDATES

OS Inventory and Maintenance Progress – Mr. Sibley discussed a work request procedure that the commission will be using for requesting work to be completed by Parks and Rec on open space.  Work requests would need to be voted on by the commission and then forwarded to Mr. Sibley.  Emergency requests can be passed on directly to Mr. Sibley without a vote.

Property Marking Plans, Surveying Status – Surveying has been completed on Darby / Chidsney and Fulton properties.  Pole Bridge is pending the lot line revision.

Yale Meeting on Forest Plans – Commissioners will attend the presentation by the Yale students on December 15th beginning at 1:00 pm.

Natural Resources Inventory Status Report – No Updates.

Taunton Lake Status – Mr. Sibley said that all the boats, cables and litter have been removed.  There is no updated information on parking spaces.  

Conservation Subdivisions – No Updates.

Public Education Sub-Committee Report – No Updates.

Wildlands and Woodlands Seminar – No Updates.

Aquifer Withdrawal Status – A meeting with the DPUC in Brookfield regarding the Brookfield Green Ridge line will be held on December 15, 2010.

TBDAC – Commissioner Germain stated that the Tick Borne Disease Action Committee is wrapping up the sections of the final report, which will then be compiled the first of the year.

Owl Boxes – Commissioner Henderson stated four owl boxes were installed by Rob Sibley and two by volunteers.  She said owls begin to look in the fall for a place to winter.  

Executive Session Commissioner Cramer motioned to go into Executive Session at 8:55 pm.