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Conservation Commission Minutes 02/04/2009
Conservation Commission Meeting
Old Lyme Town Hall
January 4, 2009, 7:30 pm


Members:        Ted Crosby (ex-officio representing Gateway Commission)
Eleanor Czarnowski
Francine Gumkowski
Taffy Holland
George James
David McCulloch
Richard Sattler
Tom Sherer
Michael Sullivan
Attending:      Eleanor Czarnowski, Francine Gumkowski, Taffy Holland, George James,
David McCulloch, Richard Sattler

  • New Members, Retired Members
Ellie introduced one of our new members, Richard Sattler.  His background is in engineering and business, and he is currently involved in energy conservation.  The other new member, Michael Sullivan, did not attend this meeting.

Ellie said both Agnes O’Connor and Janice Kraus have resigned.

  • Election of Officers
Ellie was unanimously chosen to continue as chairperson.  We need to select a vice-chairman for the commission.

  • December Action Items
Members were asked to read George’s list of items suggested for the POCD, and to send him comments.

  • Pesticide Display in the PGN Library
Dave and Taffy provided the library with a DVD player, three copies of the DVD “Our Children at Risk” and a stack of printouts detailing the dangers of pesticides to school age children.  With the help and support of the director, Mary Fiorelli, the library provided a display area, an excellent poster, and a wonderful write-up on their website. The two extra DVDs will be available at the library.  The exhibit ends on February 28th.   

  • POCD Suggestions for Planning and CRERPA
George added establishing a town park on the Four Ponds property to his list of items to consider for the 2010 POCD.  He said that Simsbury and another town near Westbrook have bought large tracts for open space.  George gave Rich a copy of the POCD list.


  • Annual Report Submission
Ellie said our contribution seems to be just as we submitted it.  Taffy will ask Michele Dickey to send Ellie an electronic copy.

  • Carl Kotzan Remembrance
Taffy will send it to Cathy Frank for publication in the next Lyme Old Lyme Events. The letter is due by February 6th.  The group has reviewed it.  

  • Fourth Quarterly Report from Connecticut State Grant for Trail Booklets
Ellie needs to send in another grant report.  George said we now have GPS mapping of all town trails, and also we could send them a copy of the trails booklet.  Ellie said we had $2700, of which we spend about $2100 for publishing the booklet, so about $600 is still available. George will talk to Cathy F about using the remainder of the grant money.

  • Amendments to the Zoning Regulations
A hearing is scheduled for March 9th.  Ellie said the regulations have changed to allow more people to have farm animals.  David said the wetlands regulations contain a definition of farm land.

  • Gaudio Residence
We looked at the developer’s plans for a new four bedroom home off Town Landing Road.  We have several concerns.  The developer proposes to add enough fill to raise the height of the building site (about an acre) by five feet.  We would like to know what material is going to be used for the fill. Ellie said they may need a state permit for this amount of fill. The driveway and parking area is extensive, and the plans call for using paving stones.  We want to make sure that the paving is set in pervious/permeable material.  Finally, we would like to see plans for outside lighting. We will send the owner/developer a copy of Marianne's planting booklet.

David said the application has been submitted to Wetlands (IWWC).  He said that when the application was presented to the IWWC Commission he told them that the US Army Corps of Engineers Hurricane Flood Inundation Map indicates that the water level at this site could reach at least 20 feet above sea level.  He also told the commission that this would put the first floor, which is at elevation 16 feet, at least four feet underwater.

  • Conservation Clerk invoices and Commission Budget
Ellie said the next budget has been submitted, and now Finance has to approve it.

AOB

  • George said that with the hiring of the new financial advisor open space has potentially lost $75,000.
  • George said the Rogers Lake Authority is asking for weed control for 20 acres, and for mowing for 2010.  They plan to try using mats in the lake.  They will test the areas for sediment before placing the mats.  Mats cost $1,000.  The dam is leaking even more.  Ellie asked if the dam is in our POCD.  George said it’s a shovel-ready project that already has DEP approval.
  • George talked about the use of wetlands as open space.  He has two proposals for wording it, and wants our help in deciding what he should send to Zoning and Wetlands. He wants the wording to be perfectly clear.  One version proposes a maximum of 20% of the open space in any development may be wetlands. The other wording proposes that the maximum acreage of wetlands in the open space must be the same as the percentage of wetlands in the total acreage of the subdivision.  For example, if 50% of the subdivision is wetlands, then 50% or less of the open space can be wetlands. See Appendix B.
  • David will take a copy to Janet and George will email me a copy.
  • Ellie said National Trails Day is June 6th.  She needs to send Connecticut Forest and Park Association our walk information.  She suggests using the Lay property for this walk.
  • Ellie suggested changing the meeting time to 7:00 for the rest of the winter.  We will meet at 7 for March, April, and May.
  • Ellie said she is still working on getting a dog park for the town.
  • Ellie said the lights on the new Old Lyme Gold Club and on St. Ann’s Church are non-complying.  She will talk to someone at St. Ann’s.
Assignments

  • All - please read George’s suggestions about the wetlands set aside for developments and help choose the final wording. David will take a copy to Janet Bechtel  Also read George’s list of items for the 2010 POCD, and send him your comments and suggestions.  See Appendix A.
  • Taffy will send Cathy Frank the Carl Kotzan letter, and will ask Michele Dickey to send Ellie an electronic copy of the Conservation Commission submission to the Annual Report.
  • Ellie will send comments back on Gaudio residence to include pervious pavers installment, Marianne's buffer planting booklet and our usual comments on outdoor lighting requirements.  Ellie to find out about the land fill requirements by the state (amount of fill).


Appendix A)   POCD list

Appendix B)   Wetlands Open Space proposal.

Appendix A

Year 2010 POCD- Recommendations from Conservation Commission
  • Develop a concerted effort to reduce car usage in town. How? Create safer bike trails, plan bike competitions for kids, establish safe bike routes for kids going to school, and require sidewalks in new subdivisions. The pedestrian plan to restore the Bow Bridge at  Hall's Road to create a connection with the Ct. River scenic overlook project should be pursued.. Focus renewed attention on the Planning Commission’s specific requirement that all new subdivisions plan for parks, picnic areas, and playgrounds as currently called for in the subdivision regulations. The Miano subdivision is an example of the result of that failure to enforce their basic regulations. The residents will have to drive everywhere to do anything.
  • In that same vein. Revise current regulations so as to permit private roads where soil and terrain permit. This reduces the town's plowing and maintenance budgets, reduces the need for clear cutting, and retains the rural quality of the town. School buses pick up children  at the end of the road, thus reducing the number of stops and saving money and reducing pollution. The AWWA and FMTM developments are good examples of what NOT to do.
  • Make a more concerted enforcement effort to remove junk cars from residential and commercial neighborhoods.
  • Establish a recurrent town fund for the acquisition of property for affordable housing when it becomes available through foreclosure or failure to pay taxes.
  • Establish Rogers Lake and its drainage basin as a natural resource of utmost importance. Create an area of special concern in this area. The purpose is to reduce phosphorous and lawn chemicals from entering the lake by reducing runoff of these chemicals from 100 new homes to be built in this area.. Replace the existing dam.
  • Require seasonal- use- only dwellings to meet not only health code requirements prior to conversion to year round use but also to meet all the zoning requirements stated in the 1966 Housing Ordinance with subsequent amendments. If and when all cottages at POW get public water and sewers, zoning requirements still have to be met before conversion is allowed. Note: POW can establish its own zoning commission as it is a municipality.
  • Encourage homeowners who have existing difficult septic problems to enter into agreements with manufacturers of high tech systems so that these systems function as they should. Provide funding ( low cost loans)  for those who cannot afford up- front costs of conversion..
  • Encourage the increased use of water saving devices, deepening of shallow wells, and energy saving techniques. Encourage the planting of trees and shrubs and the reduction of lawns and lawn chemicals. Provide tax incentives for solar and geothermal equipment. Keep town property free of chemicals, especially the new town fields at Townwoods Road. Publicize organic treatment of lawns and gardens. Encourage composting of leaves on one’s own property. Move school buses to town property on Four Mile River Road.  Establish an aggressive permitting and inspection system for wood burning stoves.
  • When accidents occur on 1-95, require local police to control the speed of traffic on Boston Post Road and Shore Road.
  • Gateway regulations should be adopted. Examine the Coastal Wetlands Act to determine what the town can do to enforce stricter regulations in the tidal area. Regulate tidal wetlands by the same regulations as inland wetlands.
  • As part of the emergency disaster plan, establish a bonding plan for the town to purchase distressed shoreline property for future public use.
  • Make sure that the town (not homeowners associations) is designated to enforce the terms of all conservation easements dealing with open space. Require that all new subdivisions provide a tree and shrub planting plan as part of the subdivision application. Require that a maximum of 20% of the total acreage dedicated to open space in subdivisions consist of wetlands.
  • Establish a town park on the Foster  property
  • Establish a rural zone in the undeveloped eastern portion of the town. The rural zone would permit various types of farm activity and actually retain the rural quality of life that has been the central theme of all previous plans of conservation and development.
Appendix B

Recommended change to the zoning regulations concerning wetlands dedicated to the open space requirement. Draft

Rationale: While the regulations for allocations of land for open space in a subdivision clearly state that ,”Every subdivision shall have land set aside for parks, playgrounds, and recreation areas,” it has been common practice for the Planning Commission to accept wetlands for the required 15% open space allocation. Wetlands are not suitable for parks, playgrounds, and recreation areas. It is clearly the intent of this regulation that suitable recreational areas be established within every subdivision with easy access by its residents. This principle is reiterated in the Town Plan of Conservation and Development. Setting aside suitable land for recreation in a centralized location provides the opportunity to create a sense of community, a feeling that becomes more and more important as increased population tends toward creating a more and more impersonal attitude toward one another. Creating miniparks with walking paths and bicycle trails within the subdivision are the key elements in keeping alive the rural quality of life we say we want to preserve in Old Lyme.
As population increases we want people to drive less, not more. Having recreational facilities in each subdivision will do much to get people to avoid the urge to drive so often.
Wetlands are important resources to preserve. Because developers can’t build in wetlands, wetlands are de facto preserved.
 The Open Space Committee recommends that the subdivision regulations incorporate the following wording:
Of the total acres required for open space in a subdivision no more than 20% shall be designated as wetlands.
Or
Whatever percentage of wetlands is to the total area of a proposed subdivision, that percentage shall be the total percentage allowable for open space.
e.g. if the wetlands occupy 50% of the total area of the subdivision, a maximum of 50% of the required open space may be made up of wetlands.