Conservation Commission
MINUTES - Amended
Regular Meeting – May 24, 2011 @ 7:00 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT
Present: Commissioners Cramer, Gaudet-Wilson, Germain, Henderson, Hovious, Kaley, and Kershaw
The Public Meeting was called to order at 7:15 pm.
Items Added to the Agenda – Commissioner Wilson added item “Victory Garden” under Old Business.
Public Participation – Several members of the public, members of Park and Recreation, and the Trails Committee were present to discuss the Point O’ Rocks Preserve proposed trail.
Approval of Minutes – Item tabled.
Administrative Item (Project Management/Task List) – Commissioner Kaley provided an update of the task list. She will provide changes via e-mail in the future to save paper.
OLD BUSINESS AND ACTION ITEMS
Fairfield Hills Open Space Update – Commissioner Wilson said a letter was sent to Lilla Dean, Chair of Planning & Zoning, offering a rewording within their minutes. Commissioner Hovious discussed information he read regarding a proposal for an Ambulance garage to be built at the corner of Wasserman Way and Mile Hill South.
Open Space 37-3-14 – No update.
Point O’ Rocks Trail Discussion – Commissioner Kaley asked for public comments. Mark Lurie, Trails Committee, discussed the newest proposal. He explained that a bridge would be needed over a stream to accommodate the weight of a horse and rider and that other areas would require a boardwalk or bog bridge. Paula Burton and Andrea Brosnin from the Trails Committee expressed their support of this project as a shared-use trail. Amy Mangold, Director of Parks and Recreation, also expressed her support of the project and said the Trails Committee has worked very hard on plans for a shared-use trail and have addressed the concerns of neighbors.
Ron Pollard, 5 Point O’ Rocks Road, distributed a picture and a fact sheet of the Eastern Box Turtle, stating that it is considered a species of special concern by the CT DEP. He felt only a walking trail would be appropriate for the site. Anthony and Charles Mason, 50 Deep Brook Road, felt the environment is only suitable for a walking trail. Bill Pieragostini, 9 Point O’ Rocks Road, said there is a letter being circulated to neighbors for signatures. He said although the area is fine for walking trails, horses and mountain bikes should not be permitted. He felt that adjacent property owners would volunteer their services and time to build and maintain a walking trail.
Ed Marks, Chairman of the Parks and Recreation Commission, expressed how the Trails Committee considered this project top priority. He said the Parks and Recreation commission supports this as a multi use trail. Deanna Davis, 42 Orchard Hill Road, said that she has walked the site and felt it suitable for horses. Paula Burton feels the one mile of trail will not be a huge draw for mountain biking.
With no further comments, Commissioner Kaley motioned to approve a shared-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 May 21, 2011. The trail is to be for non-motorized, passive recreational use only and is subject to the following conditions:
- The trail route will be marked with pin flags and inspected by the Commission on a walk-through of the property.
- No trees greater than two inches in diameter will be cut down without prior approval of the Conservation Commission.
- There will be minimum disturbance of existing stone walls with any modifications to be approved by the Conservation Commission on the walk-through.
- The trail section across from Dickenson Park will be constructed during periods when turtles are not actively nesting or crossing the area.
- The wetlands portions of the property will be raked, and armored or protected using other techniques as necessary.
- Adequate signage will be installed to notify trail users of abutting private property.
- Signs similar to that shown as Attachment One will be posted at all trail entry points.
- Trail markings and/or barriers indicating private property will be installed at points indicated on the map shown as Attachment #1.
- The Conservation Commission will maintain ongoing communications with abutting property owners and the Trails Committee to assess and address user issues.
- The Conservation Commission reserves the ongoing right to limit uses or to close all or portions of the trail in the event of threat to the Preserve’s natural resources.
- Post-Construction trail maintenance will be performed by the Town Parks and Recreation Department upon request.
Commissioner Hovious seconded the motion. Commissioner Wilson asked for comments from the commission.
Commissioner Cramer shared concerns over the environmental impact and feels the property is not appropriate for a shared use trail. Commissioner Hovious explained that the Inland Wetlands Commission reviewed the plans and expressed no comment on the activity. He said a significant piece of the justification for purchasing this property was its connection to other properties (for current and future passive recreation trails use). He commended the Trails Committee for revising their plans to address concerns. He went to the trails workshop and was impressed with the guidelines being used on trails and feels the conditions of the motion allow restricted use if deemed necessary.
Commissioner Kaley explained that the preserve was purchased by the Town and that the Conservation Commission is responsible to protect and preserve its uses. She feels all pertinent issues have been raised and addressed and that the conditions should be the basis of the decision to accept or deny the proposal. Commissioner Germain felt it is important that each property be looked at individually and consider the practicality of developing each trail. She feels the Preserve is a beautiful walk but that it is not appropriate for horses. She doesn’t feel it’s financially practical to construct bridges to support horses for such a short trail. Commissioner Wilson walked the property on Sunday where she noted a particular area as a well defined stream.
When walking the same area earlier today, she found the same area, where the stream was, turned into a large flooded area. She said any bridge to be built there would need to be very extensive and that there may be an issue with the hydrology. She can see it as a beautiful pedestrian trail, but has reservations in allowing bikes or horses there and that other parcels in town (such as Pole Bridge) would be more appropriate for a shared use trail. Commissioner Henderson walked the trail earlier in the day and found the area was so wet that it made it difficult to even walk. She feels that each property should be looked at individually because once the environment is changed, you can’t go back. She noted that the Inland Wetlands Commission did not review the newer proposed trail. Commissioner Wilson then called the motion to question. The motion failed 5 to 2.
Yea: (2) Hovious, Kaley
Nay: (5) Cramer, Gaudet-Wilson, Germain, Henderson, Kershaw.
Commissioner Wilson asked if the Trails Committee would like to continue to work on a pedestrian trail. After extensive discussion, it was noted that members of the Trails Committee were not interested in pursuing further efforts of a pedestrian trail. The commissioners discussed setting up a subcommittee to investigate a mechanism to employ creating a pedestrian trail.
Boy Scout Project at Orchard Hill – Commissioner Wilson said that Holly Kocet led the team which included 16+ Scouts with friends and adults helping. A great deal of Barberry was removed.
Forest Evaluation – Commissioners Kaley discussed a meeting the subcommittee had with Larry Rousseau and Jerry Milne from DEP. After discussing the Yale report, the group walked Pole Bridge. Mr. Rousseau and Mr. Milne felt the Yale report provided basal area calculations, but that they (DEP) recommend a more aggressive thinning of the forest. They explained other town’s thinning programs where people can use the wood for private energy needs. On Holbrook Road in Seymour there is a program that includes invasives removal/control. Habitat Services in Branford provide spraying for invasive control. It was recommended that invasives be removed first prior to the thinning of the forest and that selling the wood would help pay for the invasive control. They do not recommend girdling due
to possible injury to hikers in the woods. The forester would mark the lesser quality trees for removal where the better trees remain in the forest. They sell the wood for $30 a cord and those removing trees would sign a liability waiver and wear protective gear. He noted that Monroe, Harford and Avon have hired forester managers to oversee the thinning. Mr. Rousseau and Mr. Milne offered to walk other open space properties and suggested the commission visit the Seymour site.
Monroe Waste Facility – No update
Work Orders – No update
Report on Smart Growth Seminar – The seminar on Low Impact Development and Conservation Subdivisions was held on May 14, 2011. Commissioner Wilson provided an overview of the three speakers and said that representatives from other town agencies were interested in their recommendations. Information gathered from this seminar will be discussed further. The session was videotaped.
Report on NFA Annual Meeting – Commissioner Hovious discussed the speaker, Gerard Milne, the CT DEP Forester who manages 2,400 acres in Upper and Lower Paugussett State Forests. He discussed license (life use) agreements for those who encroach on the property. He also discussed the Holbrook Road in Seymour using a torch for barberry and that it’s effective. He said the NFA does a quality forest management.
Duck Day – The Pootatuck Duck Race in Sandy Hook is scheduled for May 28th. The commission will have a tent.
Victory Garden – Commissioner Kaley said the name for the commission’s row will be “Green Eats”. Carrots, beets, beans, and broccoli will be planted.
COMMITTEE/STAFF REPORTS
Open Space Inventory and Maintenance Progress – Commissioner Kaley received an updated listing of open space from IT. She will have a product for the commissioners to work with soon.
Property Marking Plans, Surveying Status – The commissioners discussed the land swap on Pole Bridge.
Natural Resources Inventory Status Report – Mr. Sibley sent an e-mail stating that a report should be received shortly from Milone and MacBroom.
Aquifer Withdrawal Status – No update
Conservation Easement on Wastewater Treatment Plant – No update
Status of Halfway River Fishing Access – No update
Enforcement Activity – No update
Owl Boxes – Commissioner Cramer will send a letter to the participants/volunteers who helped with this project soon.
Education Committee – Commissioner Wilson said the Invasives subcommittee will present the PowerPoint presentation to Hawley School fourth graders – date is still to be determined.
Invasives Subcommittee – The next invasive work project is tentatively scheduled for June 12th to remove Bittersweet on Pole Bridge.
Legislation – Commissioner Wilson noted that Bill HB 6557 (Liability for Recreational Use of Lands) was passed by the house.
Horse Guard – Commissioner Henderson said money was restored to the budget for both Horse Guards.
POCD – No update
Commissioner Cramer motioned to adjourn the meeting at 9:15 pm. The motion was seconded by Commissioner Germain. The motion was carried unanimously.
Conservation Commission
MINUTES
Regular Meeting – May 24, 2011 @ 7:00 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT
Present: Commissioners Cramer, Gaudet-Wilson, Germain, Henderson, Hovious, Kaley, and Kershaw
The Public Meeting was called to order at 7:15 pm.
Items Added to the Agenda – Commissioner Wilson added item “Victory Garden” under Old Business.
Public Participation – Several members of the public, members of Park and Recreation, and the Trails Committee were present to discuss the Point O’ Rocks Preserve proposed trail.
Approval of Minutes – Item tabled.
Administrative Item (Project Management/Task List) – Commissioner Kaley provided an update of the task list. She will provide changes via e-mail in the future to save paper.
OLD BUSINESS AND ACTION ITEMS
Fairfield Hills Open Space Update – Commissioner Wilson said a letter was sent to Lilla Dean, Chair of Planning & Zoning, offering a rewording within their minutes. Commissioner Hovious discussed information he read regarding a proposal for an Ambulance garage to be built at the corner of Wasserman Way and Mile Hill South.
Open Space 37-3-14 – No update.
Point O’ Rocks Trail Discussion – Commissioner Kaley asked for public comments. Mark Lurie, Trails Committee, discussed the newest proposal. He explained that a bridge would be needed over a stream to accommodate the weight of a horse and rider and that other areas would require a boardwalk or bog bridge. Paula Burton and Andrea Brosnin from the Trails Committee expressed their support of this project as a multi-use trail. Amy Mangold, Director of Parks and Recreation, also expressed her support of the project and said the Trails Committee has worked very hard on plans for a multi use trail and have addressed the concerns of neighbors.
Ron Pollard, 5 Point O’ Rocks Road, distributed a picture and a fact sheet of the Eastern Box Turtle, stating that it is considered a species of special concern by the CT DEP. He felt only a walking trail would be appropriate for the site. Anthony and Charles Mason, 50 Deep Brook Road, felt the environment is only suitable for a walking trail. Bill Pieragostini, 9 Point O’ Rocks Road, said there is a letter being circulated to neighbors for signatures. He said although the area is fine for walking trails, horses and mountain bikes should not be permitted. He felt that adjacent property owners would volunteer their services and time to build and maintain a walking trail.
Ed Marks, Chairman of the Parks and Recreation Commission, expressed how the Trails Committee considered this project top priority. He said the Parks and Recreation commission supports this as a multi use trail. Deanna Davis, 42 Orchard Hill Road, said that she has walked the site and felt it suitable for horses. Paula Burton feels the one mile of trail will not be a huge draw for mountain biking.
With no further comments, Commissioner Kaley motioned to approve a shared-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 May 21, 2011. The trail is to be for non-motorized, passive recreational use only and is subject to the following conditions:
- The trail route will be marked with pin flags and inspected by the Commission on a walk-through of the property.
- No trees greater than two inches in diameter will be cut down without prior approval of the Conservation Commission.
- There will be minimum disturbance of existing stone walls with any modifications to be approved by the Conservation Commission on the walk-through.
- The trail section across from Dickenson Park will be constructed during periods when turtles are not actively nesting or crossing the area.
- The wetlands portions of the property will be raked, and armored or protected using other techniques as necessary.
- Adequate signage will be installed to notify trail users of abutting private property.
- Signs similar to that shown as Attachment One will be posted at all trail entry points.
- Trail markings and/or barriers indicating private property will be installed at points indicated on the map shown as Attachment #1.
- The Conservation Commission will maintain ongoing communications with abutting property owners and the Trails Committee to assess and address user issues.
- The Conservation Commission reserves the ongoing right to limit uses or to close all or portions of the trail in the event of threat to the Preserve’s natural resources.
- Post-Construction trail maintenance will be performed by the Town Parks and Recreation Department upon request.
Commissioner Hovious seconded the motion. Commissioner Wilson asked for comments from the commission.
Commissioner Cramer shared concerns over the environmental impact and feels the property is not appropriate for a shared use trail. Commissioner Hovious explained that the Inland Wetlands Commission reviewed the plans and expressed no comment on the activity. He said a significant piece of the justification for purchasing this property was its connection to other properties (for current and future passive recreation trails use). He commended the Trails Committee for revising their plans to address concerns. He went to the trails workshop and was impressed with the guidelines being used on trails and feels the conditions of the motion allow restricted use if deemed necessary.
Commissioner Kaley explained that the preserve was purchased by the Town and that the Conservation Commission is responsible to protect and preserve its uses. She feels all pertinent issues have been raised and addressed and that the conditions should be the basis of the decision to accept or deny the proposal. Commissioner Germain felt it is important that each property be looked at individually and consider the practicality of developing each trail. She feels the Preserve is a beautiful walk but that it is not appropriate for horses. She doesn’t feel it’s financially practical to construct bridges to support horses for such a short trail. Commissioner Wilson walked the property on Sunday where she noted a particular area as a well defined stream.
When walking the same area earlier today, she found the same area, where the stream was, turned into a large flooded area. She said any bridge to be built there would need to be very extensive and that there may be an issue with the hydrology. She can see it as a beautiful pedestrian trail, but has reservations in allowing bikes or horses there and that other parcels in town (such as Pole Bridge) would be more appropriate for a shared use trail. Commissioner Henderson walked the trail earlier in the day and found the area was so wet that it made it difficult to even walk. She feels that each property should be looked at individually because once the environment is changed, you can’t go back. She noted that the Inland Wetlands Commission did not review the newer proposed trail. Commissioner Wilson then called the motion to question. The motion failed 5 to 2.
Yea: (2) Hovious, Kaley
Nay: (5) Cramer, Gaudet-Wilson, Germain, Henderson, Kershaw.
Commissioner Wilson asked if the Trails Committee would like to continue to work on a pedestrian trail. After extensive discussion, it was noted that members of the Trails Committee were not interested in pursuing further efforts of a pedestrian trail. The commissioners discussed setting up a subcommittee to investigate a mechanism to employ creating a pedestrian trail.
Boy Scout Project at Orchard Hill – Commissioner Wilson said that Holly Kocet led the team which included 16+ Scouts with friends and adults helping. A great deal of Barberry was removed.
Forest Evaluation – Commissioners Kaley discussed a meeting the subcommittee had with Larry Rousseau and Jerry Milne from DEP. After discussing the Yale report, the group walked Pole Bridge. Mr. Rousseau and Mr. Milne felt the Yale report provided basal area calculations, but that they (DEP) recommend a more aggressive thinning of the forest. They explained other town’s thinning programs where people can use the wood for private energy needs. On Holbrook Road in Seymour there is a program that includes invasives removal/control. Habitat Services in Branford provide spraying for invasive control. It was recommended that invasives be removed first prior to the thinning of the forest and that selling the wood would help pay for the invasive control. They do not recommend girdling due
to possible injury to hikers in the woods. The forester would mark the lesser quality trees for removal where the better trees remain in the forest. They sell the wood for $30 a cord and those removing trees would sign a liability waiver and wear protective gear. He noted that Monroe, Harford and Avon have hired forester managers to oversee the thinning. Mr. Rousseau and Mr. Milne offered to walk other open space properties and suggested the commission visit the Seymour site.
Monroe Waste Facility – No update
Work Orders – No update
Report on Smart Growth Seminar – The seminar on Low Impact Development and Conservation Subdivisions was held on May 14, 2011. Commissioner Wilson provided an overview of the three speakers and said that representatives from other town agencies were interested in their recommendations. Information gathered from this seminar will be discussed further. The session was videotaped.
Report on NFA Annual Meeting – Commissioner Hovious discussed the speaker, Gerard Milne, the CT DEP Forester who manages 2,400 acres in Upper and Lower Paugussett State Forests. He discussed license (life use) agreements for those who encroach on the property. He also discussed the Holbrook Road in Seymour using a torch for barberry and that it’s effective. He said the NFA does a quality forest management.
Duck Day – The Pootatuck Duck Race in Sandy Hook is scheduled for May 28th. The commission will have a tent.
Victory Garden – Commissioner Kaley said the name for the commission’s row will be “Green Eats”. Carrots, beets, beans, and broccoli will be planted.
COMMITTEE/STAFF REPORTS
Open Space Inventory and Maintenance Progress – Commissioner Kaley received an updated listing of open space from IT. She will have a product for the commissioners to work with soon.
Property Marking Plans, Surveying Status – The commissioners discussed the land swap on Pole Bridge.
Natural Resources Inventory Status Report – Mr. Sibley sent an e-mail stating that a report should be received shortly from Milone and MacBroom.
Aquifer Withdrawal Status – No update
Conservation Easement on Wastewater Treatment Plant – No update
Status of Halfway River Fishing Access – No update
Enforcement Activity – No update
Owl Boxes – Commissioner Cramer will send a letter to the participants/volunteers who helped with this project soon.
Education Committee – Commissioner Wilson said the Invasives subcommittee will present the PowerPoint presentation to Hawley School fourth graders – date is still to be determined.
Invasives Subcommittee – The next invasive work project is tentatively scheduled for June 12th to remove Bittersweet on Pole Bridge.
Legislation – Commissioner Wilson noted that Bill HB 6557 (Liability for Recreational Use of Lands) was passed.
Horse Guard – Commissioner Henderson said money was restored to the budget for both Horse Guards.
POCD – No update
Commissioner Cramer motioned to adjourn the meeting at 9:15 pm. The motion was seconded by Commissioner Germain. The motion was carried unanimously.
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