Minutes of the Old Lyme Conservation Commission
October 5, 2005, 7:00 pm
Members: Janet Bechtel
Mariette Brown
Ted Crosby (ex officio representing Gateway Commission)
Eleanor Czarnowski
Taffy Holland
George James
David McCulloch
Martha Rumkas
Tom Sherer
Mike Silberberg
Attending: Janet Bechtel, Mariette Brown, Ted Crosby, Eleanor Czarnowski, Taffy Holland, George James, David McCulloch, Tom Sherer, Mike Silberberg
Visitors: Members of the Open Space subcommittee (Ted Kiritsis, Diana Atwood-Johnson, and another woman - George please supply name), Arnette Hunter, Lynn Pekkanen, James Carnell and Myles Buckley (Sullivan Lawn Services).
Group voted unanimously to accept September 2005 minutes.
Ant Hills on Ellie: Champlain North property
George said there are about 30 mounds on this property, and more mounds on the adjoining private property belonging to James Carnell. They are expanding sites. The ants are probably Allegheny mound ants. They emit pheromones that attract more ants when they bite. Bites are said to be poisonous to some people. Ted Crosby questioned putting warning tapes around the mounds on the trails.
James Carnell said he tried using standard ant killer and got bitten a lot. He said Seven seems to kill them. But the mounds are spreading. Myles Buckley, arriving late, said Sullivan Lawn Services proposes to use Cypermethrin to control the mounds on the town’s property, and they will also treat the Carnell property.
Sullivan consulted a state entomologist, Timothy Abbey (860 424-3269). [Internet: Abbey, Timothy: Assistant Agricultural Scientist I, E-mail: Timothy.Abbey@po.state.ct.us - Voice: (860) 687-4763 Fax: (860) 683-4987].
Buckley said Sullivan must remove tops of the mounds and then pour pesticide down into the tunnels. They estimate about 80% control. Proposal is for $3,755 for time and materials for initial treatment. This does not cover follow-up - if necessary. Carnell said he is willing to contribute to the town’s costs.
Dave mentioned the ancient mounds on his property on Rowland Road. Mariette asked if the ants have a dormancy period. Myles said yes, when it’s very cold. George proposes getting recommendations from experts, e.g. the state entomologist. He will report their recommendations to the Conservation Commission.
Open Space Land Acquisition Protocol
George said he hopes to make this final in discussion session tonight. He wants to make two changes suggested by Diana - at the end of paragraph 1 add: “The committee should vote to pursue or not to pursue at this point.” and after the first paragraph add “The Open Space Committee then votes on the acquisition and a majority is required to proceed.”. Diana interrupted to say that Open Space needs time to discuss this first among themselves. So this item has been withdrawn from the agenda for now.
Myles Buckley arrived at this point, and we returned to item 1.
Roles and Responsibilities of Open Space and Conservation Commission
George said we now have about 950 acres in open space, and about 700 in conservation trust parcels. One of them has a management plan. Old Lyme has no formal management plan for open space. (The Champlain property deed requires an approved management plan or it will revert to The Nature Conservancy.) He asked whether Open Space and the Conservation Commission should share responsibility for managing open space. He has submitted a preliminary plan for the Champlain property to TNC and gotten a written response from them.
Ted Kiritsis and Dave asked which will most easily get the funding for this. Ellie said the CC did request money but it comes lumped with other functions. Open Space has some money they can put up to start funding a manager. (George has already submitted to the town a description of the duties for a management supervisor.)
Discussion continued about which group should do what. Ellie asked who will do this? She said it’s in our statute that Conservation Commission should do it. Diana said it would be logical to have Open Space do it, and Open Space is a subcommittee of CC.
Ted Crosby asked what happens if there’s a legal problem or violation. Who is the enforcer? Group said the town police or others are the enforcers.
Dave made a motion that Open Space Committee should be responsible for planning for and managing the properties and that the manager will report to the Open Space Committee. Unanimously approved by both Conservation Commission and Open Space. Group approved a motion allowing Open Space committee members to vote.
Discussion – again – of making it a joint responsibility. Ellie said joint responsibility might result in getting bogged down and it’s more important that it gets done than who does it.
Pesticides on Town Ballfield
Dave said the contract for pesticide application on ballfields was for three years. They are currently using about 6 pesticides, all with documented bad effects.
This year the State passed the ordinance banning pesticide use on day care and elementary school playgrounds. This is an opportunity to phase out our use of pesticides completely and substitute organic controls.
George said the WPCA was supposed to be informed about what pesticides were used on town property, but this was never complied with.
Dave said Pesticide Awareness will write to the first selectman stating that after 2006 only organic controls are to be used. He said the town has the right to ban pesticide use on all town-owned lands and right-of-ways. Ellie asked how we get compliance in the future? Who in town deals with maintenance? Dave said Phil Neaton now oversees the contract, and he’s now a member of Pesticide Awareness.
Storm Water Ordinance
Ted Crosby emailed copies of the 14-page model ordinance to the commission members. He said that every town is required to have a storm water ordinance. The ordinance requires involving Building, Open Space, Inland Wetlands, all land-use commissions, WPCA etc. Building inspector will be involved in new constructions and Zoning Enforcement in existing conditions. Public Works dept maintains the system. The first selectman must appoint someone to enforce it. A stand-alone ordinance has more power than individual commissions and departments.
Dave and Ted - discussion of annual and spot testing.
Ted said we have been targeted as a coastal town. The ordinance must be well-drafted by the end of 2005. Ted has been working alone on the draft. Ellie said if the town has to pass a separate ordinance, and if it requires involvement of the Building inspector and the Zoning enforcement officer, shouldn’t they be involved in drafting the ordinance? Ted said they should review the draft ordinance against their own regulations, and add or change the model ordinance’s requirements – or sign off on it. (They may also update their own regulations.)
Ellie asked what Ted needs from the Conservation Commission. Ted said he is sending the model ordinance around now, and needs help from the members to continue to monitor the progress. He hopes to get the selectman to assign a team to write the ordinance. Janet said she will look at the model ordinance and the Inland Wetland regulations and make recommendations.
Ellie’s List and Other Items.
Town Annual Report – our input is due on Friday Oct. 7th. The theme is “The Water Around Us”. About a paragraph. It should include whatever actions the commission took in the past year. Please email Ellie with suggestions.
Update from Connecticut River Gateway Commission (Linda Krause) – As a result Ellie will write a letter to the Zoning Board of Appeals saying that copies of variances should be sent to the Conservation Commission. Appeal of the Chester variance.
Mark Diboldt has plans for a development in the Hatchetts Hill Road factory area.
Ellie received a reply from the Connecticut Water Company responding to her request for details of their drought management plan. Response was very general – they have a plan but they don’t want to reveal specific details. George said WPCA doesn’t pay any attention to quantity, just to quality. There is no drought management plan for the town. Mariette brought up problems with new developments that are depleting the water supply of existing homes. Shouldn’t this be a conservation issue?
Discussion with visitor Lynn Pekkanen about Rogers Lake wells going dry – continued at the end of the meeting – see below.
Ellie showed the site plan for the Hartford Ave affordable Housing. Plan is to tear down existing buildings and rebuild. George and Ellie agreed the plan is inadequate for making any decisions. Dave said if it’s affordable housing they can avoid all town regulations except health regulations, and in a few years they can stop making it affordable. Ellie will ask them to resubmit plans with full and detailed information.
Three-lot subdivision on Flat Rock Hill Rd., along 95. Janet said Inland Wetlands reviewed this at September meeting. George said the builder is a novice at submitting plans. Janet said they need more house details (as built) when available. Plans are for smallish “affordable” houses. Tom said the road drops 48 feet – a sheet of water will run onto the neighbor’s property. He will respond with concerns about water runoff.
Dock on Sandpiper Road. Ellie sent them her usual dock letter mentioning lighting, use of local materials, and Trex.
George presented the plans for development behind Cherrystones. There are 35 units, planned as senior housing, with a community septic system. TAPE
Dock near Calves Island/Old Lyme Marina. DEP has signed off on this.
Segment 3 of DEP training – both Janet and Ellie plan to go.
Foster Woods plans. George will invite them to an Open Space meeting.
Ellie said there are several candidates (1st selectman’s report lists: Christopher Kerr, Harold L. Thompson, Robert DePianta and Patrick Looney) for Planning Commission. Get out and vote.
Visitor Lynn Pekkanen asked for information about the State requiring the town to rebuild the Rogers Lake dam. 25 of the attendees at the pesticide meeting said their wells are dry. Fred Holt knows this.
The Dam has been broken for ten years and town was ordered to fix it. Lake is now over two feet down, and even people along the Lieutenant River have dry wells. Fire wells are all dry.
Tim Griswold said he hoped the dam would be fixed next year. Someone put sandbags in the dam, which stopped some of the water loss. Rogers Lake folks were told they can’t build deeper wells.
Mrs. Pekkanen wants help with directing her questions and complaints to someone who will take action. Tim Griswold is away. She tried talking to the health director (Sikandt), but he doesn’t talk to town people. Several group members made suggestions – talk to the town sanitarian (Ron Rose), to Tim Griswold, and especially to a reporter.
Again, this uncovers a need for a drought management plan. Discussion of how it affects new developments.
Assignments
George will invite the Foster Woods applicants to the Open Space Committee meeting.
Ellie will write to the Zoning Board of Appeals asking that copies of all variances be sent to the Conservation Commission.
Ellie will ask Hartford Ave developers to resubmit their plans with full and detailed information.
George will consult experts (e.g. state entomologist) and report on their recommendations for controlling the Allegheny mound ants.
Tom will notify the Flat Rock Hill 3-lot subdivision applicants about possible problems with water runoff and highway expansion.
Dave (Pesticide Awareness) will write to the first selectman asking that after 2006 only organic controls will be used on the town ballfields.
Janet will check the Storm Water model ordinance regulations against the Inland Wetland regulations and make recommendations.
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