Town of Old Lyme Open Space Committee Meeting
Old Lyme Memorial Town Hall
Minutes: March 9, 2007
Chairman Diana Atwood Johnson opened the meeting at 08:40 with OSC members Amanda Blair, Peter Cable, Ted Crosby, George James, Connie Kastelowitz and Ted Kiritsis in attendance. Also present for a discussion of remediation for open space encroachment at Lord’s Wood subdivision was Anthony Hendriks, land surveyor and planner representing the development.
On motion by George, seconded by Ted Kiritsis, the minutes for February 9, 2007 were approved.
Open Space Encroachment at Lord’s Woods
Diana distributed a document from Soil and Environmental Services, Inc. with recommendations for planting remediation of clearcut and disturbed land areas on town open space that resulted during road construction by the Lord’s Woods developer. She also circulated for OSC discussion and approval her draft of a proposed set of actions needed for acceptable remediation of the open space encroachment. Discussion resulted in a final edited set of actions detailing the need for: an independent assessment of what was lost and what must be restored at Lord’s Woods; a restoration plan to be approved by OSC; restoration of the affected open space area at Lord’s Woods with implementation of an appropriate care plan; and payment of attendant costs and appropriate damages as specified under Public Act 06-89.
Tony Hendriks presented the Lord’s Woods developer’s proposed plan for remedying the damage incurred by open space at the development. He stated that the encroachment on open space was an unintended mistake and assured OSC that the damage would be rectified. The plan he outlined was essentially that contained in the recommended planting scheme described in the Soil and Environmental Services document. Not addressed in the plan were any OSC concerns about an independent assessment of the damage, quantitative determination of the amount and type of planting to be done, and consideration of continued care of replanted areas. Ted Kiritsis noted a discrepancy in identifying markings on the site map used by Tony Hendriks in his presentation; the discrepancy was rectified by pen correction as agreed upon by OSC and Hendriks. In
discussion Tony Hendriks stated that he had not read the OSC letter presented at the Inland Wetlands Commission show cause hearing on February 15 and so was not aware of OSC concerns. He was given a copy of the edited set of actions needed for acceptable remediation of the open space encroachment at Lord’s Woods, as viewed by OSC, for his review and response.
Subdivisions
Four Ponds Meadows Subdivision.
The initial legal document prepared by the Four Ponds developer on the determination of open space for the subdivision applied the most restrictive definitions of common open space and conservation easements with no substantive difference between the two designations. A recent revision to the plan indicates exceptions involving the use of Four Ponds designated common open space trails for horseback riding. There was discussion of issues ranging from permissibility of horseback riding on open space trails, to protection of the trails, to questions of liability. The necessity of having all aspects of the open space and conservation easements clearly and definitively stated in the development plan was noted. It was observed, in this regard, that the homeowners association will have bylaws and a declaration containing a detailed management plan
for open space.
Property Acquisitions
a) Gerr property.
There was discussion of what constitutes a reasonable offer for the Gerr property given the estimated development potential and the estimated value to the town as open space. Diana has spoken with the DEP about liability issues associated with possible contamination of the site. The DEP, in its due diligence process, performs an environmental assessment that includes a visual oil contamination survey, reviews of local town records and interviews with officials, and an aerial survey. With regard to the Gerr property, George suggested that the operators of the gravel pit on the site should be interviewed for leads to possible contamination. George also noted that Dave McCulloch had gotten Tom Metcalf to conduct a survey of the Gerr property. George will track this down with McCulloch and Metcalf. Diana will speak with Tim Griswold about status
and next step in potential plans for town purchase of the property.
b) Ames property off Whippoorwill Road
Diana reported that Steven Ames had spoken with her seeking interest by OSC in property of his off Whippoorwill Road adjacent to two open space properties owned by OLCT and the town. He said that he would be interested in selling the property for open space and would be flexible in his approach to that end. However he demurred on discussing sale options further until OSC had expressed interest in potential purchase of the property. In discussion George, who is familiar with the Ames property, suggested that OSC should be very interested in its purchase.
Stewardship
a) Deborah and Edward Ames Preserve.
Diana posed the question of whether bridges should be constructed where the hiking trails cross Bucky Brook. George indicated that the area floods during rainy season and that construction of a permanent bridge of reasonable dimensions would not be feasible.
b) Champlain South.
Diana distributed a letter from Mary Frazier Rogoz, who owns property on Whippoorwill Road directly adjacent to an OLCT parcel that serves as access to Champlain South. The letter asserts that a wood road on the Frazier property has mistakenly been identified as Jadon Trail and used as the entrance to Champlain South resulting in unacceptable littering and disruption of the Frazier property. George suggested that more research on the deed must be done to clarify terms of Whippoorwill Road/Jadon Road access to Champlain South. He will contact Marylin Clark about this.
Diana reported that David Gumbart, Assistant Director of Land Management, Nature Conservancy Connecticut Chapter, applauded Old Lyme OSC stewardship activities during a survey of Champlain North with George and Dave Gumbart on February 22.
Conservation Easement
Diana said that reports on the conservation easement inventory are far enough along that she will have a plan begun for scheduling inspections of town properties having conservation easements and will report on this at the next meeting.
Old Business
Griswold/Whitley property.
George suggested that OSC pursue the possibility of purchasing with Black Hall Club a four lot tract of land next to the club, constituting a subset of the original Griswold/Whitley Black Hall Woods LLC property that was to have been jointly purchased by the town and Black Hall Club. This prompted discussion of whether Black Hall club intends to further pursue the Griswold/Whitley purchase. Peter will speak with Richard Strauss of the Black Hall Club about their current intentions.
New Business
Diana raised the topic of scheduling guided trail walks for interested town residents. It was decided to schedule a walk on Champlain South beginning at the Meetinghouse Lane entrance on May 5, 2007 at 9:30 am.
On motion by George seconded by Ted Crosby it was voted to adjourn the meeting at 11:30.
Respectfully submitted,
Peter Cable
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