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04-26-11
Conservation Commission
MINUTES
Regular Meeting – April 26, 2011 @ 7:00 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT
Present:  Commissioners Cramer, Gaudet-Wilson, Germain, Henderson, Hovious, and Kaley

The Public Meeting was called to order at 7:05 pm.  

Items Added to the Agenda – Commissioner Hovious added to New Business “Proposed Waste Disposal / Recycling at the Stevenson Lumber site, Monroe, and its impact to Newtown Open Space and Natural Resources”.  

Public Participation – Several members of the public were present for the proposed waste transfer facility in Monroe and the Point O’Rocks Preserve trail.

Approval of Minutes – Commissioner Cramer motioned to approve the minutes of April 12, 2011, which was seconded by Commissioner Henderson.  Commissioner Hovious and Kaley abstained.  The minutes were approved unanimously as amended.  

ADMINISTRATION ITEMS

Project Management Task List – The commissioners discussed the updated task list.  

OLD BUSINESS – ACTION ITEMS

Fairfield Hills Open Space Update – Commissioner Hovious said that Planning & Zoning will have another meeting on this topic.  The commissioners discussed sending a letter to all of the Planning & Zoning commissioners regarding the commission’s views on maintaining open space on the Fairfield Hills campus with a copy to Land Use Staff.

Open Space 37-3-14 – Commissioner Wilson wrote a letter to the Commissioner of the CT Dept. of Agriculture with copies to State legislators, the First Selectman and Elizabeth Stocker.  She reviewed the letter with the commissioners.  Commissioner Hovious discussed his meeting with George Benson, Ms. Stocker, and Atty. David Grogins regarding the language.  They came to the conclusion that (1) Special Act 06-10 does allow some trading of property back and forth but is effective only if the Town of Newtown uses at least 34.4 acres (the original amount of land conveyed) of the combined total of open space and recreational purposes only.  There was a portion of it that was unclear regarding an easement, which will be discussed further in a meeting that George Benson is attending on Thursday, April 28th.  

Point O’ Rocks Site Inspection and Trail Discussion – Commissioner Wilson discussed the site walk held on April 23rd and explained the difficulties over alternative plans.  The Trails Committee would need to write up alternative proposals in order for the commission to consider them.  Commissioner Cramer asked about the changes in the plans.  Amy Mangold, Director of Parks and Rec, said the Trails Committee feel that they don’t want to set a precedent that trails should not be kept multi-use.  They didn’t see any reason why the trail could not be a multi use trail.  Charles Mason, 50 Deep Brook Road, asked if there have been any tests to determine potential environmental impacts.   Anthony Mason, 50 Deep Brook Road, asked if there were plans to protect the wetlands near their property if horses or bikes were to be used.   Commissioner Wilson said there will be no filling but a bridge may be required if horses were to cross and that this would all need to be evaluated.  The trails committee will provide this information in their proposal.  Bill Pieragostini, 9 Point O’ Rocks Road, said he was confused and that during the site walk Scott Coleman implied there was a legal reason why a trail could not exclude other uses.  Commissioner Wilson said he does not feel that is true because the trail on Dickenson Park is for walking.  Mr. Pieragostini said he has no problem with the trail being used for walking or horses but has an issue with bikes.  Commissioner Cramer said the concerns are the environmental impact in an environmentally sensitive area.  Discussions continued regarding the elimination of the pump track from the plan and the types of bikes that would work in the trail.  Ron Polard, 5 Point O’ Rocks Road, said it’s the difference in impact between walking, riding bikes or horses saying that because of the sensitive wetlands, he feels the trail should be left as is.  Ms. Mangold thanked the neighbors for their participation and is looking forward to working with the Conservation Commission and the neighbors.   The commissioners and neighbors discussed how to go forward in getting the project moving forward.  

Site Inspection 31 Clearview – Commissioner Wilson discussed her conversation with the property owner.  The commissioners discussed posting a “No Dumping” sign and a work order to clean up the debris along the side of the road.  The Care and Custody subcommittee can work on a program on how to deal with similar issues.  Mr. Sibley will send letters to all neighbors to inform them that surveyors will be working on the open space parcel on Clearview.  

Boy Scout Project at Orchard Hill – No Update.

Forest Evaluation – Commissioner Kaley said Larry Rousseau would like to meet with the commission to discuss how to proceed and how to implement their recommendations.  She will send out an e-mail to find out availability.  

Yale Recommendations and Work Orders – Commissioner Wilson asked Amy Mangold if she received the work orders.  She said Carl Samuelson typically receives these.  She said the priorities that come from Mr. Sibley will be the projects that the park crew will focus on when they have the time.  They usually dedicate a full day a month or more if time allows.  The commissioners asked Ms. Mangold to be informed when the projects are complete.

Upcoming Events – Commissioner Wilson reiterated the upcoming events:  04-27-11 Scott Williams at WCSC; 04-30-11 Earth Day Event at the Middle School; 05-07-11 NFA Clean Up Day at Nettleton Property; 05-14-11 Low Impact Development/Conservation Subdivisions Seminar, 10am Council Chambers; 05-27-11 A free seminar at UConn “The Future of Biodiversity in the Northeast”; and 05-28-11 The Pootatuck Duck Race in Sandy Hook.

COMMITTEE/STAFF REPORTS

Open Space Inventory and Maintenance Progress – Commissioner Kaley said that the open space files have been worked on by Tammy and Sara Hazen.  She’s still waiting for a spreadsheet from GIS with the new corrected data on it.  

Property Marking Plans, Surveying Status – No updates.  

Natural Resources Inventory Status Report – No updates.  

Aquifer Withdrawal Status – Commissioner Hovious said the Legislative Council is addressing the proposed settlement on this matter which will be done partially in open session.

Conservation Easement on Wastewater Treatment Plant – No updates.  

Owl Boxes – Commissioner Henderson said there was a problem with the owl boxes in that they were installed incorrectly.  The project was under the Conservation Commission’s guidance and the volunteers did not receive the proper installation instructions.  Larry Fischer agreed to assist with installing them correctly later in the year.  The commissioners discussed other projects that could be given to the home school children who were hoping to gain credit towards their grades.  Commissioner Germain felt they could take this project and create a model of how to do it correctly.  She feels this may be considered a learning curve.  

Education Committee – Commissioner Wilson received the pamphlets on invasives from the Connecticut Rivers Council.  She is also working with the schools to make arrangements to present the invasives Power point presentation.
Invasives Subcommittee – The commissioners discussed where invasives should be worked on for removal, including Barberry at Point O’Rocks Preserve, Invasives on the corner of Wasserman Way and Nunnawauk, and the three parcels that the Yale Forestry students did their study on.   Parks and Rec were asked to do the Barberry on Pole Bridge.  The Mile-a-Minute in Hawleyville is also pervasive.

Legislation – Commissioner Wilson received responses from Deborah Lee Hovey and Chris Lyddy thanking the commission for the support of Bill 6557.  Commissioner Hovious said that HB 832 (Protection of vegetation alongside rivers and streams) died in committee.  Bill HB 6557 (Liability for recreational use of lands) was joint favorable from Judiciary Committee.  Commissioner Cramer said the State of Connecticut has a bill tracker that will send e-mail notification.

Horse Guard – Commissioner Henderson said the house appropriations committee voted to consolidate both horse guards in Newtown.  They chose Newtown because there is more land.  Chris Lyddy was a big force behind this decision.

POCD – No Update.

NEW BUSINESS

Proposed Waste Disposal Recycling at the Stevenson Lumber site, Monroe, and its impact Newtown Open Space and Natural Resources –Andy Marcinowski and Diane Raynor from 306 Berkshire Road expressed concerns over this proposal, including the run-off from the trash facility and its effects on the abutting Half Way River (a Class A stream), as well as odors coming from the garbage and potential rodents.  Commissioner Hovious received a copy of the zone change from Monroe (Monroe’s Planning and Zoning pending matters 11-1-CZA and 11-1-RRA, 1585 Monroe Turnpike).  He explained where the open space is and that the proposal is just upstream from Eichler’s Cove Marina.  The town has been collecting water quality data upstream and at the mouth of Half Way River (Eichler’s Cove).  There is also adjacent Newtown open space.  Commissioners will attend the next Monroe Planning & Zoning meeting scheduled for April 28th.  The Monroe Conservation Commission will also be contacted.  Commissioner Hovious offered to draft a letter to the DEP Dept. of Fisheries.  Commissioner Cramer motioned that Commissioner Hovious draft the letter to the DEP Dept. of Fisheries.  Commissioner Henderson seconded the motion.  Motion carried unanimously.  

Regional Open Space, Work with NFA – Item Tabled.

DEP Grant for Homeowner - Commissioner Wilson discussed a newspaper article she read noting DEP offering habitat management grants for private homeowners.  That would result in the protection or restoration of fish, wildlife, and plants considered at risk.  

Commissioner Hovious motioned to adjourn the meeting at 9:20 pm.  Motion seconded by Commissioner Henderson.  Motion carried unanimously.