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02-22-11
Conservation Commission
MINUTES
Regular Meeting – February 22, 2011 @ 7:00 pm
Town Municipal Center, 3 Primrose Street, Newtown, CT
Present:  Commissioners Cramer, Gaudet-Wilson, Kaley and Hovious
Staff:  Rob Sibley, Deputy Director of Planning & Land Use and Tammy Hazen, Clerk

The Public Meeting was called to order at 7:02 pm

Items Added to the Agenda – Commissioner Hovious motioned to add “31 Clearview” to New Business; “Streamflow Regulations” to Progress Reports and Updates; and “Conservation Easement at the Fairfield Hills Wastewater Treatment Plant” to Old Business Action Items.  Motion seconded by Commissioner Cramer.  Motion carried unanimously.

Public Participation – No public were present.

Correspondence – Commissioner Wright discussed an email she received from Gina Wolfman, which will be discussed under Progress Reports and Updates.

Approval of Minutes – Commissioner Kaley motioned to approve the minutes of February 8, 2011. Commissioner Hovious seconded the motion.  Commissioner Hovious abstained.  The minutes were approved unanimously as amended.

OLD BUSINESS – ACTION ITEMS

Fairfield Hills Open Space Recommendations – Commissioner Wilson discussed her appearance before the Fairfield Hills Master Plan Review Committee on February 10th to discuss the Conservation Commission’s memo listing recommendations for Open Space at Fairfield Hills.  She emphasized the importance for maintaining large parcels of open space in Newtown for passive recreation and environmental purposes.  Members of the Commission are encouraged to attend the FFHMPRC meetings on a continuing basis.

Tech Park IWC Public Hearing – Commissioners Hovious, Kaley and Wilson attended the hearing and provided an overview of the Conservation Commission’s concerns and comments.  The public hearing was closed.   It was noted that a clarification of the open space/conservation easement can be requested during the P & Z process.    

Yale Report Update – The Yale students are presenting their findings on Saturday, February 26, 2011 at 10:00 am in the Council Chambers.  Commissioner Cramer said that Sue Marcinek will see if the presentation can be videotaped and placed on the website.  She spoke with Kendra from The Bee who will place an announcement on The Bee’s website.  Commissioner Henderson will contact the Newtown Patch.  The following groups were invited:  The Board of Selectmen, Inland Wetlands Commission, Parks & Rec., P & Z, Legislative Council and the Board of Finance.  Commissioner Kaley suggested inviting the Newtown Forest Association and the Lion’s Club.  Commissioner Cramer will make contact with those groups.  
 
Logging Trail/Open Space – The Commissioners discussed a letter from Michael McCarthy, dated February 18th, that responded to questions raised during the site walk.  After lengthy discussion, Commissioner Kaley motioned to approve the request by Mr. Michael McCarthy to allow his trucks to cross Town Open Space (Map/Block/Lot: 21-4-15 LT-10; 21-4-3 Lt 11; and 21-4-1) in two separate places for the purpose of logging abutting property.  The approval is conditional on Mr. McCarthy’s honoring his letter dated February 18th, 2011.  Commissioner Hovious seconded with discussion.  After discussion the motion was called to question.  The motion was approved unanimously.  

Review Project Management Assignments – Commissioner Kaley noted a few changes on the assignment list from the last discussion.  The Strategic Planning Subcommittee will meet on March 8th at 10:00 am in Meeting Room #3.

Status of Membership – Commissioner Wilson has not received any information.

Conservation Easement at the Fairfield Hills Wastewater Treatment Plant – Commissioner Hovious said he spoke with George Benson about this and found that the easement will be set when P & Z reviews the application for a new animal control facility.  Although Mr. Benson mentioned using standard conservation easement language, Commissioner Hovious suggests that the Conservation Commission review the language in regards to public access and address whether the road should be moved away from the stream banks.~ The Commissioners and Mr. Sibley reviewed a map and discussed access portions.  Commissioner Hovious and Mr. Sibley will meet on March 8th at 9:00 am to discuss this.

Open Space on Clearview Drive – Commissioner Wilson opened discussion in regards to an e-mail she received from Micheline Baker, from 31 Clearview Drive, responding to a letter she received from Ann Astarita regarding their clearing of adjacent Town Open Space.  Ms. Baker met with Ms. Astarita who advised her to contact the Conservative Commission.  The letter explained their reasons for clearing portions of the open space beyond her property line, including attempts to control invasives and brush that were moving onto her property, concerns over certain wildlife, and their attempts to remove garbage that was dumped along the road in open space.  She also expressed concerns over CL&P using pesticides on their easement to eliminate vegetation near the power lines.  She asked the Commission to consider some options in order to keep the area maintained.  In reviewing maps and aerial views, the Commissioners noted other neighbors in that area that have cleared beyond their property line.  Mr. Sibley discussed the history of the parcel and said it appears that residents seem to be committed to keeping the open space clear of garbage and invasives.  The Commissioners will draft a letter to be sent to neighbors explaining that the open space will be marked by the Town with the anticipation of establishing a partnership with the area residents to properly maintain the open space.  There have been no violations issued.  Parks and Rec. will be contacted in order to assist with the maintenance of the open space.  The Commissioners will walk the easement after the snow melts.
 
NEW BUSINESS    

PROGRESS REPORTS AND UPDATES

Point O’Rocks Trails Discussion – It was noted that the trail was completed as a part of the Open Space Task Force.  

Open Space Inventory and Maintenance Progress – Commissioners Kaley, Wright and Hovious met with Mr. Sibley and Ms. Hazen on February 16th to review the work that the subcommittee completed.  Scott Sharlow will be forwarded a copy of an Excel spreadsheet with updated listings.~ Commissioner Kaley will compare the Commission’s current list with the new list from Mr. Sharlow to be sure all properties are represented.~~ Ms. Hazen will make a new filing system for the open space where all open space parcels will be filed by "Unique ID #".  Mr. Sibley will ask the new GIS technician to print copies of surveys for the files.~

Property Marking Plans, Surveying Status – Mr. Sibley stated that the Point O’ Rocks Preserve has been re-marked.   

Natural Resources Inventory Status Report – Mr. Sibley called Bill Root from Milone and MacBroom to discuss the contract.  Mr. Root forwarded some basic data points to Mr. Sibley, which was forwarded to the Commission.

Conservation Subdivisions – No Updates.

Possible Review of Invasives Presentation – Commissioner Wilson discussed an e-mail from Gina Wolfman from Girl Scout Troop 50599. The Scouts will help with invasive removal at Orchard Hill on May 19th.  They have asked that a Commission member attend a meeting before the event in order to help prepare. She suggests this would be a good opportunity for using the Power Point presentation.

Aquifer Withdrawal Status – No Updates.

TBDAC – There will be a meeting on February 23rd with the First Selectman in attendance.

Stream Flow Regulations – Commissioner Hovious discussed a new bill (Bill 1020: An Act Concerning Water Resources and Economic Development), which will be brought before the Commerce Committee on Thursday, February 24th in Hartford.  The bill would do the following: (1) Repeal the 2005 bill that started the~Streamflow regulations process; (2) Halt work on existing regulations and start the process over; (3) Mandate that future regulations would need the "consent" of the Department of Economic and Community Development and other "non-science" agencies.~ The current regulations require the DEP only to "advise and consult" with these agencies not get their approval; (4) Prevent classifications of rivers that would in any way limit or stop future development.~ This means even streams thought to be pristine and fragile - our best rivers - could not be classified in a way to limit future development.  The current stream flow regulations~are still being modified by the DEP and expecting to get an extension from the Regulations Review Committee on February 22nd to keep working on the regulations for expected submission for approval in April or May.

Commissioner Cramer motioned to go into Executive Session at 9:21 pm.  Motion seconded by Commissioner Hovious.   Motion carried unanimously.