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The Town of Washington, Connecticut

Minutes: Conservation Commission, 2006
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Disclaimer: While we have attempted to reproduce them accurately, the electronic documents you see here are not the official public documents. Official copies may be obtained on paper from the Town Clerk. Also note that minutes of recent meetings are often not yet approved by the Commission, and are subject to correction.


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Posted: December 16, 2006

December 6, 2006

Present: Susan Payne, Kelly Boling, Linda Frank, Phil Markert

Alternates: Diane Dupuis, Dan Sherr

Guests: First Selectman Dick Sears, Valerie Anderson, Press

Susan Payne, Chairperson called the meeting to order at 5:00pm.

Dan Sherr was seated as an alternate.

MOTION: Dan Sherr made a motion to accept the minutes of the November 1, 2006 Conservation Commission minutes with the following amendments: page 1, under Open Space Committee, last sentence replace income with increase; page 2 last paragraph, fourth sentence should read Kelly Boling added that some members felt... Linda Frank seconded the motion which passed unanimously.

Referrals or new projects:

Boat Launch Project: Dick Sears was present with a map of the Boat Launch Project, which he stated has DEP and DOT approval. The Inland Wetlands Commission has closed the public hearing on this project. The existing boat house will be removed; a seawall will be installed as well as 9 parking spaces one of which is handicapped. Mr. Sears explained that the Lake Waramaug Agreement gives access to 20 non residents, 13 from the State Park and 7 other non resident day boaters. Dick went on to say that at present there are no parking spaces and the 9 new spaces will be first come first serve. The entire town parcel is 1.03 acres. The Boat Launch Project needs to go before the Zoning Commission and Zoning Board of Appeals. Susan Payne commented that the Conservation Commission would like to see the Town use native plantings and attractive fencing in the buffer zone. Dan Sherr asked if there would be any restrictions on parking. Mr. Sears stated that an attendant is on duty that will inform and direct the launchers. Phil Markert asked what the procedure was when aquatic plants were found on a boat and/or trailer. Mr. Sears stated that the attendant has the person remove the vehicle from the area to be cleaned and comes back to be reinspected. Susan Payne asked about funds for improvements to the beach area. Diane Dupuis voiced concerns about loosing the green area where the new boat launch is going and the condition of the beach area. First Selectman Sears stated that this is Phase I of a larger project, this project has to be done, and there is no choice. Phase II is a building approximately 30x50 which will house the compressor for lake health, boat storage, police storage, caretaker maintenance equipment, the air and rescue boats. The final phase is the beach area and caretaker's cottage which houses the caretaker, beach offices and bathroom facilities for the beach, this phase will be done with Town funds. Kelly Boling suggested constructing one two-story single structure to incorporate the needs of both buildings. Diane Dupuis suggested asking Warren for use of its Town beach for Washington residents. Dick Sears stated that the Town is committed to preserving and keeping their Town Beach, the boat launch is a necessity and has DEP approval they want to move ahead. He went on to say that the boat launch will cost $216.000 ($100.000 from the State of Connecticut - $100,000 is authorized from the capital budget). Dick will be meeting with the towns of Warren and Kent about contributing to the project. Replacement of the boat house will be funded by private donations. The caretaker's cottage will be in the $200,000 range. Susan Payne reminded members that the Conservation Commission's concerns are with the plantings and fencing. Valerie Andersen addressed the commission, she began by stating that she is looking at this as a whole project all three phases and is concerned about funding. Ms. Andersen read a prepared statement addressing her concerns with funding and conflicts with the Heritage Lake Act. She urged the Conservation Commission to do their homework and asked if there is a better way. Some discussion continued. Susan Payne reminded members that the Conservation Commission's job is advisory. Dan Sherr will research the Heritage Lake Act. It was reaffirmed that the Conservation Commission would like to see the Town use native plants and attractive fencing (such as split rail) in the buffer zone, also consideration of consolidating the boat house and caretakers cottage into one structure. Secretary Pam Osborne will deliver a hard copy of the minutes to the First Selectman's office.

Potter Project: Susan Payne made some observations about the Town meeting held on November 28th. She felt the meeting was excellent and people asked good questions. Susan went on to clarify that the Plan of Conservation and Development was never voted on at a Town Meeting, it was approved by the Planning Commission. Ms. Payne made reference to an article she wrote for the Town Times in October 2004 which addressed open space; a survey was done in which 98% of respondents wished to retain the "rural character" of Washington. The Potter Project will have an impact on the Route 109 and Shearer Road area, 94.5% of respondents were in favor of preserving farmland; this project does not preserve farming. 57% opposed residential development and 46% were in favor of "clustered single family housing". Susan feels that with the wetlands on the affordable housing lots building will be costly. Dick Sears reiterated that Brian Neff has documented that two affordable units can be built off of Route 109, one unit can be built on the corner of Shearer Road and Route 109 and two units can be built on the property between Shearer Road and Route 109. Kelly Boling has had conversations with John Potter; Kelly feels that John is open to clustering the houses on one property which would provide for more open space. Mr. Sears is unaware of these negotiations; he went on to say that people are coming up with "this is a better plan". Mr. Boling felt that the visual impact of five lots could increase over time. Phil Markert interjected that clustering the houses would reduce building costs. Susan Payne wanted to comment on the easement in general. The Conservation Commission will be monitoring the easements she would like to require baseline documentation, hazardous material assessment and no floating building envelopes. Ms. Payne went on to say that including 490 lands the Town is 65% preserved and land trusts are seeing a tremendous increase in the amount of people donating. Diane Dupuis is concerned that the agreement doesn't hold the Potter's accountable for remediation. There was discussion and it was decided that remediation would only affect the Town on the affordable housing unit lots; the easements were not a problem. Dick Sears spoke with Nick Solley about the pesticides and nitrate left in fields being farmed, Nick stated that the pesticides and nitrates are gone in a year and a half. Linda Frank feels the water should be tested. Members were reminded of the meetings on December 14th at St. Andrews Church in New Preston and January 6th at the Town Hall. The Planning Commission has appointed a two person subcommittee to study the Potter Project.

Review of proposal for Rural Roadscape Zone Regulations: Kelly Boling received feedback from the Planning Commission and has referred the proposal to Dan McGuiness; his next stop will be with the Zoning Commission.

Subcommittee Reports

Open Space Committee: Dan Sherr stated that the Open Space Committee will meet next in January. Dan will be discussing the following items: is a goal of 30% permanently preserved open space the right goal, discussion of the 2006 legislation concerning tax abatement for permanent easements and getting involved in the use of maps and mapping. Members went on to talk about the computer set up in the Land Use Room, the existing arc view program and other available programs.

MOTION: Linda Frank made a motion to fund the installation of internet access in the Land Use Room, not to exceed $250.00; Susan Payne seconded the motion which passed unanimously.

Cell Tower Update: Diane Dupuis reports that EBI representing Version is looking at two locations in the New Preston/Marbledale area. The proposals are a 120' monopine at 167 New Milford Turnpike and a 150' monopole at 16 Mountain Road. A letter was sent to the Historical District Commission. Diane went on to say that these applications go straight to the Siting Council.

Management and Monitoring of Town properties: Linda Frank is going to contact First Selectman Dick Sears to see if some of the Town properties could be dropped from the monitoring process and have members focus on monitoring the easements. Phil Markert expressed concern with locating defined boundary lines and possible encroachments.

Other Business

Susan Payne reminded members that elections will take place at the January meeting.

Ms. Payne also noted that she read in a Gunnery mailing, a proposal for two new athletic fields and two family residences for the South Street property. As of yet no environmental class room has not been built.

Adjourned at 7:00pm.

Next scheduled meeting of the Conservation Commission is January 3, 2006 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: November 17, 2006

November 1, 2006

Present: Susan Payne, Kelly Boling, Linda Frank, Joe Gitterman, Phil Markert

Alternates: Elizabeth Corrigan, Diane Dupuis, Dan Sherr

Guests: Mark Lyon Selectman, Valerie Andersen

Chairperson Susan Payne called the meeting to order at 5:00pm.

No alternates needed to be seated.

MOTION: to accept the minutes of the October 4, 2006 meeting of the Washington Conservation Commission with the following amendments: page 1, first motion, fourth line should read Conservation Commission prior to the development of a site plan, page 1, second motion, first line should read Kelly Boling made a motion to amend the prior motion by adding the, page 2, paragraph after last motion, first sentence should read Kelly Boling asked members if the Conservation Commission would be in favor of the Town acquiring Potter Farm if it acted, page 2, last paragraph, line 11, should read felt this was not an appropriate precedent for the Town to establish given was made by Dan Sherr, seconded by Kelly Boling passed unanimously.

Referrals or new projects: Linda Frank read a summary of the history and status on the Boat Launch Project from Paul Frank. The Town has an application before the Inland Wetlands Commission and there will be a public hearing on November 29th as well as a site visit on November 8th at 3:00pm. Susan Payne encouraged members to go to the site visit and submit recommendations.

Review of proposal for Rural Roadscape Zone Regulations: Kelly Boling was collecting feedback on his draft Of Rural Roadscape Zone.

Recommendations for tightening land use regulations: Phil Markert doesn't think there is much of an appetite for tightening the regulations. Members have received a draft of regulations for outdoor lighting from David Owen, Chairman of the Zoning Commission. Mr. Owen would like feedback.

Subcommittee Reports

Open Space Committee: Dan Sherr stated that at their October meeting Tim Abbott gave a presentation on the Greenprint project. Mr. Abbott provided Dan with follow up information giving a break down of protected acreage in towns in Litchfield county, Pam Osborne will email the information to members. Mr. Sherr spoke about a regional planning organization which is being reexamined. Susan Payne spoke to the 22.1% of the Town of Washington which is permanently protected, a goal of 30% by 2015 has been established. Ms. Payne went on to say that Steep Rock has seen a steady income of gifts and she feels the goal of 30% will be reached before 2015.

Ridgeline Protection: Information with Valerie Friedman of the Zoning Commission.

Archaeological Resources Protection: Betsy Corrigan needs to find a new link to the Planning Commission because Bill Fairbairn has resigned.

Land Use Data Management/training of Town Land Use staff: no activity

Greenway: will met again in January 2007

Management and Monitoring of Town properties: Linda Frank will mail out monitoring information next week. The Myfield easement has been recorded and will be added to the monitored properties.

Scenic Roads: no activity

Cell Tower Update: Diane Dupuis stated that there have been rumblings of possible activity on Sawyer Hill in New Milford.

Flora & Fauna: Betsy Corrigan continues to work on the ecological sensitivity map.

Water Resources: no activity

Best Development Practices: Susan Payne stated that this project perhaps needs to be downsized to a tri-fold pamphlet with illustration.

Other Business

Susan Payne asked members if they had copies of the "Handbook for Connecticut Conservation Commissions" which is published by CACIWC ( Connecticut Association of Conservation and Inland Wetlands Commissions, Inc.). Members who would like a copy should contact Pam Osborne, Pam will also contact CACIWC to see if an updated version is available.

Susan Payne also encouraged members to sign up for the upcoming program "Biodiversity Conservation in Connecticut Towns" held on November 13th at the Washington Town Hall, sponsored by the Northwest Conservation District.

Selectman Mark Lyon spoke to Conservation members about the Potter Farm deal. Mr. Lyon asked the commission about their vote for no funding of the project, he went on to say he feels the project limits development, includes limited equity housing and as a whole goes along with the Town Plan of Conservation and Development. Susan Payne assured Mr. Lyon that members would be available to discuss their decision at planned public meetings. Kelly Boling added that members felt it was a worthwhile development project but it didn't have the biological and conservation qualities. Mr. Lyon asked members to look at it from a broader scope, there will be several Town meetings which will include the Board of Selectmen, Board of Finance and Land Use Commissions. Joe Gitterman suggested looking at the project not just as open space but the rural character and preserving what the Town wants, a housing development on the property would vastly change the character of the Town. Diane Dupuis noted that there is a lot of property in town open for development and went on to say that this project is not a conservation development project, she applauds the housing aspect of the project. Selectman Mark Lyon stated that he was not questioning the Conservation Commission's decision. Valerie Andersen addressed members by saying she respected their guidance and asked Mr. Lyon to clarify how this project will proceed, to date all discussions have taken place in executive sessions. Mr. Lyon answered that the Board of Selectman are still in the discussion stages and there is no time frame on the project.

Adjourned at 5:45pm.

Next scheduled meeting of the Conservation Commission is December 6, 2006 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: October 27, 2006

October 18, 2006

Open Space Committee

Present: Dan Sherr, Patte Doran, Susan Payne, Diane Dupuis

Guests: Tim Abbott, Linda Frank, Susan Branson, Addie Roberts, Kelly Boling, Chris Charles, Betsy Corrigan, Valerie Friedman

Chairman, Dan Sherr called the meeting to order at 5:05pm.

MOTION: to accept the minutes from the March 15, 2006, May 17, 2006 and September 20, 2006 meeting of the Open Space Committee as submitted was made by Patte Doran, seconded by Dan Sherr, passed unanimously.

Dan Sherr made introductions all around and asked Susan Payne to speak about Steep Rock Association open space preservation. Susan Payne began her presentation by showing a map with Steep Rock protected areas. Ms. Payne stated that at present there are 5483 acres permanently preserved or 22.1% in the Town of Washington, of that amount Steep Rock has 4235 acres or 17%. The Town goal for permanent preservation is 30% by 2015. Referring to the map Susan stated that Steep Rock Association originally started preservation of the Shepaug River corridor and has since expanded into other areas. Dan Sherr asked for specifics on the type of preserved open space. Ms. Payne stated that 2423 acres were taken in fee and 1812 acres in easements. She added that easements are a big responsibility with the monitoring, stewardship etc. that is involved. There was some discussion on preservation in village centers.

Tim Abbott, program director for The Litchfield Hills Greenprint spoke next. Mr. Abbott began by stating that the Litchfield Hills Greenprint is a partnership of the Trust for Public Land and the Housatonic Valley Association, he started on board in January of 2006. The goal of the Litchfield Hills Greenprint is to organize conservation information locally and see what needs to be addressed. Litchfield Hills Greenprint includes 25 towns. Lind Frank asked about funding, Mr. Abbott stated that funding comes from private donors. Tim presented two maps; one of the entire Greenprint area and one of just Washington. The maps are color coordinated and show where there is a concentration of conservation priorities. The seven resource categories are: working landscape, water quality, wildlife habitat, forest cover, recreational opportunities, scenic quality and adaptive use. Patte Doran asked if the work was going to be shared with the legislators. Mr. Abbott felt that the state government considers this regional planning and doesn't want to be involved.

Tim Abbott has spoken to ten of the 25 towns included in the Greenprint. Dan Sherr felt that discussions between area towns would help so they weren't working in a vacuum. Dan asked if economic sprawl has been looked at, Tim stated that it has not been a huge part of the work so far. Mr. Abbott went on to say that he is working on a "threat assessment" for areas that have development potential; he feels that towns at risk are Goshen, Bethlehem, New Milford and Woodbury.

Kelly Boling asked about the duration of the Greenprint project. Tim answered that things are constantly changing and the Greenprint was created to be a long term project, he expects to do annual updates. Mr. Abbott left Open Space members with the Regional and Washington Greenprint maps as well as the following thoughts: he would like to see continued discussions, keep the data current, discuss open space bonding pros and cons and have a meeting next year involving the community.

The Chairman Dan Sherr called the meeting adjourned at 6:40pm.

Next scheduled meeting of the Open Space Committee is November 15, 2006 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


October 4, 2006

Present: Chairperson Susan Payne, Kelly Boling

Alternates: Elizabeth Corrigan, Diane Dupuis, Daniel Sherr

Guests: Dick Sears First Selectman

Chairperson Susan Payne called the meeting to order at 4:10pm.

Seating of Alternates: Elizabeth Corrigan and Diane Dupuis were seated as alternate members.

Referrals or new projects: There were no new referrals. Susan Payne had spoken with Mike Ajello about the Conservation Commission being part of the application process in their advisory capacity, to help and advise applicants. Kelly Boling agreed that the Conservation Commission could make useful recommendations and made the following motion.

MOTION: Kelly Boling made a motion to request the Zoning Commission put into its regulations as part of their application process that applicants are encouraged to have an informal preliminary discussion with the Conservation Commission prior to the development of a site, Diane Dupuis seconded the motion which passed unanimously.

There was continued discussion as to whether members should include the Planning Commission and Inland Wetlands Commission in the motion as well. Members agreed that the Planning Commission should be included, but decided against asking the same of the Inland Wetlands Commission.

MOTION: Kelly Boling made a motion to amend the prior motion by added the Planning Commission to the request, seconded by Diane Dupuis passed unanimously.

Susan Payne reminded all members that they should be reviewing applications on file in the Land Use offices.

Dan Sherr arrived at 4:15pm.

MOTION: to accept the minutes of the September 6, 2006 meeting of the Washington Conservation Commission as submitted was made by Dan Sherr, seconded by Kelly Boling passed unanimously.

Susan Payne informed members of the upcoming events:

October 18th - It's All About Connecting the Lots - Washington Open Space Committee Meeting @5:00pm

October 26th - A Forum on the Future of our Rural Landscape - Falls Village Senior Center @ 7:30pm.

November 13th - Biodiversity Conservation in Connecticut Towns - Washington Town Hall @ 6:45pm

Ms. Payne also reminded members of the upcoming renovations to the Town's Beach and Boat Launch area.

MOTION: at 4:20pm Susan Payne made a motion to enter into Executive Session to discuss potential municipal property transfer activity, Dan Sherr seconded the motion which passed unanimously.

MOTION: at 4:55pm Susan Payne made a motion to come out of Executive Session, Dan Sherr seconded the motion which passed unanimously.

MOTION: Dan Sherr made a motion to accept the recommendation from the Open Space Committee meeting of September 20, 2006, Diane Dupuis seconded the motion, which failed by a vote of 1-in favor, 3-opposed and 1-abstention.

Kelly Boling asked members if the Conservation Commission would be in favor of the project if the Town acted as the development authority. Members felt that without using the Open Space Fund, with a conservation plan and maintaining the rural character of the road it seemed like a good idea

First Selectman Dick Sears arrived at 5:00pm.

Susan Payne informed Mr. Sears of the negative vote taken by the Conservation Commission on the recommendation from the Open Space Committee. Mr. Sears was disappointed that the Conservation Commission did not support the project. Susan Payne summarized the points made and reasons for failure of the recommendation, the Conservation Commission doesn't see the project as a Conservation project, it's not protecting agriculture because the farm will be gone, the floating building envelopes, the parcel was not a priority on the Open Space maps and the feeling that the proposal is a development project. Susan went on to say that the Conservation Commission supports the Affordable Housing aspect of the project and would support the Town if it were to take on the entire project as a development project. Ms. Payne closed by saying that she felt this was not an appropriate precedent for the Town to take given the other farming properties on the market and others that may be coming on the market. Dick Sears asked for understanding between Conservation/Open Space priorities and the reality of what comes up and is available. Mr. Sears went on to reference the Moore parcel in New Preston, stating that there is no one perfect parcel for any one commission and opportunities will arise that are complex and need to be looked at from a variety of ways. Mr. Sears struggled to understand the Conservation Commissions decision and went on to speak about the 30% goal of permanently preserved open space in Washington. He stated that the proposed project would add 78 acres to this goal. Several members of the Conservation Commission defended their decision sighting work done in the Open Space Plan, information from the 2003 Plan of Conservation and Development and work done by the Open Space Inventory Committee. Susan Payne referenced the evaluating process for properties and justification for conservation value. This proposal would not allow for public access, no valuable wildlife habitat, it's a disturbed area with invasive species and will have floating building envelopes. Members reiterated that as the proposal exists it is not a good project for conservation but the affordable housing piece is great. There was continued discussion.

Subcommittee Reports

Open Space Committee: Dan Sherr stated that at the October 18th meeting there will be a presentation by Tim Abbott on the Greenprint Project. All Land Use committee members are invited.

Greenway: will meet again in January

Other Business

Kelly Boling stated that he has sent a draft to David Owen, Zoning Commission Chairman about lighting regulations.

There was brief discussion on the discontinuation of part of Frisbie Road, which took place at the October 3rd Selectman's meeting.

Adjourned at 5:35pm.

Next scheduled meeting of the Conservation Commission is November 1, 2006 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


September 20, 2006

Open Space Committee

Present: Dan Sherr Chairman, Patte Doran, Jack Field, Rod Funston, Eileen Hearn, Charles LaMuniere, Joann Caldara, Chick Treadway, Diane Dupuis

Guests: Richard Sears, First Selectman, Wayne Hileman

The Chairman, Dan Sherr called the meeting to order at 5:03pm.

MOTION: Dan Sherr made a motion to enter into Executive Session at 5:03pm to discuss strategy and negotiations regarding real estate acquisition, Patte Doran seconded the motion which passed unanimously.

Joann Caldara, Charles LaMuniere and Wayne Hileman arrived at 5:10pm.

Rod Funston arrived at 5:15pm.

Richard Sears left at 5:45pm.

Charles LaMuniere left at 6:50pm.

Rod Funston left at 7:00pm.

MOTION: Chick Treadway made a motion to come out of Executive Session, Diane Dupuis seconded the motion which passed unanimously.

In response to a request from the Conservation Commission to review the Potter proposition upon coming out of Executive Session the Open Space Committee made the following motion.

MOTION: Chick Treadway made the motion to support and recommend that the Conservation Commission in support of the Plan of Conservation and Development's plans for use of easements to maintain the rural character of Washington and in simultaneous support of affordable housing, recommends the use of up to $125, 000 from the Open Space Fund to match Housing Fund allocations for the Potter project. The Open Space Committee urges discussion with the Potter's to establish a plan the makes the conservation easements contiguous to ensure the preservation of wildlife habitat, seconded by Patte Doran passed by a 5-1 vote.

Adjourned at 7:10pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


August 2, 2006

Present: Susan Payne Chairperson, Linda Frank, Joe Gitterman, Phillip Markert

Alternates: Diane Dupuis, Dan Sherr

Guests: First Selectman Dick Sears

Seating of Alternates: Diane Dupuis was seated as an alternate.

Motion: Linda Frank made a motion to approve the minutes of the July 5, 2006 meeting of the Washington Conservation Commission with the following amendment and addition, under Alternates replace Dupuis for Dupree, under Referrals or new projects: add Ms. Payne reminded members to stop by the Land Use Office or check. Diane Dupuis seconded the motion which passed unanimously.

Referrals or new projects: Janet Hill, Land Use Coordinator referred an application for Potter/253 Old Litchfield Road/ 2 lot subdivision to the Conservation Commission. The application is for a subdivision of 6.94 acres into two proposed lots of 4.05 with an existing house and 2.89 with a proposed single family house. After looking at the proposal it was the unanimous decision of the members that the Planning Commission should ask for a fee-in-lieu of open space.

Motion: at 5:30pm Phil Markert made a motion to enter into executive session to discuss potential municipal property transfer activity, Joe Gitterman seconded the motion which passed unanimously.

Motion: at 6:25pm Joe Gitterman made a motion to come out of executive session Linda Frank seconded the motion which passes unanimously.

Discuss the allocation of new money being collected per land use document: Susan Payne had a memo from Dan McGuinness of the Northwestern Connecticut Council of Governments regarding Open Space and housing Funds, Pam Osborne will mail copies to members.

Subcommittee Reports

Open Space Committee: Dan Sherr stated that the Open Space Committee will not be meeting in August. They will be doing a walk-about in Marble Dale at their September 20th meeting. Mr. Sherr circulated copies of PA 06-97 An Act Concerning Subdivisions for Affordable Housing Developments and PA 06-128 An Act Authorizing Municipalities to Abate Taxes on Open Space Land and Authorizing Floating and Overlay Zones and Flexible Zoning Districts. Dan closed by noting that the Washington Environmental Council will celebrate their 35th anniversary this year.

Ridgeline Protection: Linda Frank and Phil Markert went to the July 24th Zoning Commission meeting to talk about ridgeline protection. Phil Markert used maps with overlays showing the acreage impacted, which showed about 10% of the town or approximately 2500 acres being impacted. Linda and Phil felt the Zoning Commission members were concerned with the effect on town, the effected area being too big and would rather start by putting restrictions in specific areas. When Phil and Linda were working with Ric Saunders he felt that the regulations should be applied to the whole town. Phil is going to look for president set in other towns. Ms. Frank circulated the "Horizonline Conservation District" for the town of Kent. Kent's regulation conserves identified "Horizon Belts". Linda went on to state that it's better if you focus on environmental aspects such as water and erosion. Linda and Phil will continue working on proposed ridgeline regulations.

Archaeological Resources Protection: no report

Land Use Data Management: The Land Use Offices will be moved around beginning in October; at this time the arc view computer will be taken "out of the closet" and permanently set up in the new office space. This would be a better time to have training as the program will be out and easily accessible.

Greenway: The new signs, which include directions to Macricostas Land Preserve have arrived and will be installed shortly.

Management and Monitoring of Town properties: no activity

Scenic Roads: An application for scenic road was submitted at the August 1st meeting of the Planning Commission for Rabbit Hill Road.

Cell Tower Update: no activity

Flora & Fauna: no report

Water Resources Monitoring and Protection: no activity

In closing Susan Payne asked if any one had ideas for the Town Times which has a deadline of August 15th for submissions. Joe Gitterman thought perhaps Kelly Boling could write something about scenic roads and Susan Payne suggested information on invasive species.

Ms. Payne also reminded members of the special meetings set up by the Planning Commission dealing with the Depot Study on August 19th and 25th.

Motion: Dan Sherr made a motion to adjourn at 7:00pm; Joe Gitterman seconded the motion which passed unanimously.

Submitted subject to approval,

Pamela L. Osborne, Secretary


July 5, 2006

Present: Susan Payne, Kelly Boling, Linda Frank, Joe Gitterman, Phillip Markert
Alternates: Diane Dupree, Dan Sherr

The Chairperson Susan Payne called the meeting to order at 5:00pm.

Diane Dupuis was seated as an alternate.

Motion: Linda Frank made a motion to approve the minutes of the May 3, 2006 meeting of the Washington Conservation Commission as submitted; Diane Dupuis seconded the motion which passed unanimously.

The Conservation Commission received a letter dated June 7, 2006 from E. Anthony Griffiths regarding 25 Litchfield Turnpike, New Preston. Mr. Griffiths attached a copy of a letter dated June 6, 2006 addressed to the Zoning Commission, as well as photos. Mr. Griffiths is complaining about "commercial" activities at 25 Litchfield Turnpike which is a neighboring property. Susan Payne checked in with the Land Use offices and they have been informed and are working on the complaint.

Discuss Attendance: Susan Payne referenced an email she had sent out to members, reminding members about the importance of attendance at meetings and the teamwork which is needed to complete projects and move ahead.

Referrals or new projects: No new projects were referred to the Conservation Commission, Ms Payne reminded members to stop by or check on line what is happening with the other commissions.

At 5:10pm Kelly Boling arrived, which unseated alternate Diane Dupuis.

Review ordinance regarding the Open Space Fund and process of accessing money: Members received copies of the ordinance establishing an Open Space and Land Acquisition Fund as amended on September 18, 2005. Susan Payne explained that First Selectman Dick Sears had asked her to look at the possibility of amending the ordinance to allow for the Board of Selectmen to access funds timelier. Dan Sherr asked where the motivation came for this request. Ms. Payne stated that Mr. Sears felt the process was cumbersome and at some point the Selectmen may want to move more quickly that the ordinance allows. Members had a very lengthy discussion about different scenarios, the amount to authorize and who would sign on offers. It was decided that no decision could be made until the commission finds out if the Selectman have the authority to sign contracts for options to buy, Susan Payne will check into this.

Discuss the allocation of new money being collected per land use document fees: Members received copies of an Ordinance Creating The Goshen Land Acquisition Fund, which prompted discussion of the possibilities of adding to the Open Space and Land Acquistion Fund by asking for a percentage of the conveyance tax fee and the penalties paid on PA 490. Dan Sherr noted that it was his understanding that Goshen has no funds coming in and were looking for income, where as Washington has an established fund which is added to each year presently at the rate of $150,000 per year.

Review of proposal for Rural Roadscape Zone Regulations: Kelly Boling has the latest draft of the proposed regulations. Pam will email them to members as well as forward a copy to Planning Commission Chair Addie Roberts.

Recommendations for tightening land use regulations: Phil Markert has been looking at tightening the land use regulations, he feels there is a good framework in place but other towns have better wording. Phil would specifically like to see a reduction of property taxes for land preservation. Mr. Markert went on to say that the town has to agree that this needs to be done and all entities need to mesh i.e. The Town Plan of Conservation and Development, Planning Commission, Zoning Commission and Selectmen. You need the united strength for legitimacy and enforcement, a consensus of everyone working together. Joe Gitterman felt that you needed to give specific examples of changes. Phil will continue his quest.

Subcommittee Reports

Open Space Committee: Dan Sherr stated that the Open Space Committee is shifting strategy to conversations with the villages, the first one being held at St. Andrew's Church in Marble Dale on May 17th. The conversation expanded beyond open space to include Historic Preservation. They discussed what they wanted Marble Dale to be what they were wanted to save and what they were willing to give up. Historical Preservation and what's happening on Route 202 seems to be two starting issues. There is also the need to define what Marble Dale's boundaries are. Dan asked members for their opinion as to whether he should push an agenda with the Marble Dale group or back off and tell them to contact him when they are to open space issues. Dan went on to state that the group wants more direct involvement in what is happening and he's wondering how much the Open Space Committee should be involved. Dan does not want to see endless conversations of what could be but a test of an idea. Susan Payne stated that the people have to drive it forward, there are lots of suggestions in the Plan of Conservation and Development and Open Space Plan. The consensus of the Conservation members was to have another meeting with the Marble Dale group.

Ridgeline Protection: Linda Frank will continue her contact with David Owen, Zoning Chairman.

Archaeological Resources Protection: no report

Land Use Data Management/training of Town Land Use staff: Pam Osborne had re emailed Harry White about training, but received no response. Pam will contact Housatonic Valley Association.

Greenway: Susan Payne reports that they have ordered the new signs that extend the Greenway up to Macricostas Land Preserve.

Management and Monitoring of Town properties: no new activity

Scenic Roads: no new activity - Kelly Boling told Joe Gitterman he would be interested in working on State Scenic Road designation, Joe will get the information to Kelly.

Cell Tower Update: Diane Dupuis has been checking into rumors of a tower on Rabbit Hill but has not had any confirmation.

Flora & Fauna: no report

Water Resources: no new activity

Best Development Practices brochure: tabled till next month

Meeting adjourned at 6:45pm.

Next scheduled meeting of the Washington Conservation Commission is August 2, 2006 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


June 7, 2006

Present: Susan Payne, Chairperson, Kelly Boling
Guest: Richard Sears

As there was no quorum for this meeting, it was cancelled.

Pamela L. Osborne, Secretary


May 17, 2006

Open Space Committee

Present: Dan Sherr Chairman, Patte Doran, Susan Payne, Joann Caldara, Chick Treadway

Guests: Rev. Amy & Kevin Egan, Don Duffy, Michael & Natalie Brodie, Danielle Baechle, Peter Talbot Historic Commission, Peter Arturi Chair Historic Commission, Dick Sears First Selectman, residents

Dan Sherr began the meeting by thanking the Wheaton Road Association members for allowing the Open Space Committee the opportunity to meet with them. Dan passed out a packet of information. Mr. Sherr went on to state that a real estate add for a large parcel on Wheaton Road caught his eye as potential development and felt it was a good time to chat with the area residents. Dan would like to touch on the following topics about Marble Dale: boundaries, history and changes. Don Etherington stopped by to drop off a note.

Danielle Baechle noted that there was strong support when Wheaton Road became a "Scenic Road". She has surveyed several residents and many are in favor of making part of Marble Dale a Historical District.

What is Marble Dale? A review of maps, boundaries and terrain. Dan Sherr began by asking residents what they considered the boundaries of Marble Dale? The consensus was that the boundary extended up Scofield Hill to Mygatt and perhaps out Sunset Lane. South bound to the New Milford town line on Route 202, but north on Route 202 as well as Findley Road was indecisive. Peter Arturi stated that you would eventually need boundaries to pursue a Historical District and have a two thirds acceptance by property owners within those boundaries. Susan Payne offered the following start toward a Historical District define the area, assess property owners interest and document the area's history. Ms. Payne added that having a Historical District would allow for some control. Peter Talbot stated that The Historic District Commission is concerned with what is visible from the public way. Peter Arturi added they do not control color and can not limit renewable energy resources.

Dan Sherr stated that the Open Space Committee is always looking for opportunities to preserve open space. Preservation can be in the way of walkways/pathways/greenways through out Washington. Dan went on to say that the 2003 Plan of Conservation and Development committed to 30% permanently protected open space in Washington by 2015, this is 7500 acres. He also noted that the 2003 Plan of Conservation and Development identified Route 202 in Marbledale and Route 47 into Washington as "gateways" to Washington.

Donald Duffy's spoke about the parcel Dan Sherr referenced on Wheaton Road which is up for sale, Mr. Duffy noted that the Washington/New Milford town line runs through this property and New Milford has different Zoning Regulations than Washington. Mr. Duffy went on to describe the Etherington property as bordering both sides of Wheaton Road and extending up to Sunset Lane, he also stated that historically there were farms on both Mygatt and Scofield which were considered part of Marbledale. Marbledale was originally part of New Milford which later became part of Washington. Dick Sears felt that the thing to do is ask people "where do you live?"

What is the history of Marble Dale? Dan Sherr posted the Cultural Features map from the Natural Resource Inventory Report which shows a concentration of historic buildings in the Marble Dale area. Historic buildings are defined as every building over 50 years old. Mr. Sherr went on to reference the book "Empire over the Dam" which spoke about the 300' drop in water level from Lake Waramaug to Marble Dale and mentioned there being 17+ mills in the Marble Dale area at one point in time. Dan went on to ask about the quarries in the area. The quarries were believed to be shallow and stone was removed by layers. Discussion went briefly to the green which used to be in Marble Dale and the installation of the blinking light.

Are we pleased with what it is today and what would we change. Natalie Brodie spoke first stating she would like no more development and would like to see sidewalks and benches. Mr. Duffy would like to see a grocery store. Peter Talbot noted that you need to have development to support a store, there is a small deli/grocery store north on Route 202 at the gas station. Ms. Baechle asked about funding for things like sidewalks and green space. Dick Sears answered that it takes community organization; the residents need to decide what they want and then approach the Planning Commission and First Selectmen. Mrs. Brodie noted concern for all the empty business space. Other residents present felt that you could cripple the businesses with added regulations; there are many underlying issues such as parking and water. There is a lot of water. There is a mix of residential properties and businesses, in order to encourage business things need to be brought up to code which is expensive. Patte Doran asked what impact would becoming a historical district have on Marble Dale? Peter Arturi noted that Litchfield Green is a Historical District. There was continued discussion of the individual properties having their own wells and septics is such a confined space.

Michael Brodie asked about preserving open space. Susan Payne stated that preservation can be done through conservation donations. Ms. Payne showed residents an up to date map of permanently preserved land in Washington, there are no permanently preserved parcels in Marble Dale. Susan explained that small parcels are important too. Danielle Baechle stated that the Myfield project will give Marble Dale it's first conservation easement and went on to identify three large parcels in the Marble Dale area as the Brod (which is for sale), Moriniere and Etherington properties. Susan Payne informed the residents that the Planning Commission requires open space set aside or a fee in lieu of open space for any sub-division. Dan Sherr added that you cannot stop development but there are ways of managing it.

Interest in Session #2. Dan Sherr will forward information to Michael Brodie about creating a Historical District. Dan will leave it up to the Wheaton Road Association to contact him for further meetings. Susan Payne commended the association on becoming a Scenic Road; it was a good first step. Danielle Baechle expressed concern with proposed increase density in Marble Dale as noted in the 2003 Town Plan of Conservation and Development. Susan Payne explained that preservation takes time; you need to create awareness and have conversations with each other. Dick Sears agreed it takes planning. Patte Doran added that there appears to be a good cross section of ideas that can be formalized.

There were thanks all around and the meeting adjourned at 6:30pm.

Next scheduled meeting of the Open Space Committee is June 21, 2006 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne


May 3, 2006

Present: Susan Payne Chairperson, Kelly Boling, Linda Frank, Phillip Markert

Guests: First Selectman Dick Sears, Planning Chair Addie Roberts

Chairperson Susan Payne called the meeting to order at 5:00pm.

No alternates were present to be seated.

Motion: Phil Markert made a motion to approve the minutes of the April 5, 2006 meeting of the Conservation Commission with the following amendments: on page one, under Tree Cutting on Fenn Hill, line nine should read Addie Roberts went on to explain that the Planning Commission attempts to keep a rural look by having open space set asides on the roadside, in line thirteen replace area with zone. Kelly Boling seconded the motion and it passed unanimously.

Referrals or new projects: none

Collaboration with Planning on making recommendations re: activities within the road right-of-way by Town and/or property owner: Members began this discussion with thoughts of education/information through the realtors and went on to the idea of more aggressive regulations and/or higher fines. Mr. Sears stated that the difficulty of regulating the roadsides is that there are no consistencies in the boundaries. Kelly Boling suggested that an effective way could be through zoning regulations and distributed a draft of: Possible Rural Roadside Zone Regulations. Kelly feels that the town's rural character is its roads; he will continue his work on the draft regulations. Conservation could work with the Planning Commission to develop regulations and then approach the Zoning Commission. Mr. Boling also distributed a copy of the Town of Harwinton's "Ordinance concerning the preservation of highway boundary stone walls". Members went on to discuss how to get information to "new" residents/landowners. Ms. Payne felt that you cannot expect the realtors or attorneys to distribute information to their clients; the Town will have to send out information. The commission will try to come up with the simplest way to accomplish this.

First Selectman Sears was present to offer information about a grant application "The Agriculture Viability Grant Program" which is meant to help promote farming. Towns can also utilize this grant for up to $50,000. Mr. Sears has notified Carlos Canal who is working with Steep Rock on farmland preservation.

Addie Roberts, Planning Commission chair was present to share a letter from Patrick H. Hare, Cornwall P&Z member about a seminar to be held on June 25th about land preservation.

Subcommittee Reports: there were only reports for the following two subcommittees.

Greenway: Susan Payne showed members the extension made to the Greenway to include Macricostas Land Preserve. They are reworking the existing map.

Flora & Fauna: Susan Payne distributed information on the invasive plant garlic mustard.

Reports on NW Conservation District's Lower Impact Development Workshop: Linda Frank went to this workshop which focused on control of runoff, good development practices and was geared toward people who develop properties. Linda gave Susan the information for her Best Development Practices file. There was continued discussion on developments impact on wetlands, cutting of trees and the effect on natural drainage.

Meeting adjourned at 6:25pm.

Next scheduled meeting of the Washington Conservation Commission is June 7, 2006 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


April 5, 2006

Present: Chairperson Susan Payne, Kelly Boling, Joe Gitterman

Guests: Addie Roberts, Patte Doran

Susan Payne called the meeting to order at 5:00pm.

Susan Payne and Joe Gitterman picked maps from the Natural Resource Inventory Report to be mounted for display in the Land Use Meeting Room. Joe took the maps to be mounted.

MOTION: Kelly Boling made a motion to approve the minutes as submitted from the March 1, 2006 Conservation Commission, Susan Payne seconded the motion and it passed unanimously.

Tree Cutting on South Fenn Hill in town right of way: Janet Hill, Land Use Coordinator sent a memo to Susan Payne regarding a letter she received from Martin Greenstein at 146 Lower Church Hill Road voicing his concern with work being done on South Fenn Hill Road and the removal of large trees close to the road. Joe Gitterman offered to recluse himself from this discussion as he is a neighbor. Members felt this was not necessary as discussion would be of a general nature. Members looked at a photo of the area before the tree removal took place. Joe Gitterman explained that trees and a bank were removed along the roadside. Members discussed what they thought was the town's policy on the roadside right-of-way. Addie Roberts stated that there were no standard measurements, not every roadway is measured in the same way. Kelly Boling felt that there were most likely no violations on the South Fenn Hill property. Addie Roberts went on to explain the Planning Commission attempts to keep a rural look by having set asides on the roadside, which also makes for easy monitoring. Ms. Roberts went on to say that the Selectmen are in charge of the town roads, recommendations need to be made to the Selectmen. Joe Gitterman explained that disturbances like the one on South Fenn Hill could also affect the wetlands. Kelly Boling suggested a roadside overlay area, for the protection of the roadscape. Members also discussed the role of the Tree Warden, which Addie noted was essentially to mark trees for removal. Members of the Conservation Commission agreed to work on a draft recommendation.

Report on NW Conservation District's Lower Impact Development Workshop: Linda Frank attended this workshop but was unable to be at tonight's Conservation Commission meeting, members decided to table discussion until next month.

Subcommittee Reports:

Open Space Committee: Susan Payne reported that the Open Space Committee will not meet in April, their May 17th meeting will be held in Marbledale and they will discuss open space and historical preservation with interested residents of the Marbledale area.

Ridgeline Protection: no report

Archaeological Resources Protection: Betsy continues her work and is making progress

Land Use Data Management: no report

Greenway: Susan Payne reported that Greenway held a clean up this past Sunday; they have two new members the Mr. & Mrs. Templeton. Ms. Payne also reported that there was storm damage on the Greenway trail by the Washington Primary School and they will need more man power to help with cleanup. Greenway is also working toward a link between the Hidden Valley Preserve and Macricostas Preserve. Ray Reich from the Washington Park and Rec Commission is working with the Greenway members on a scenic bike/hike trail.

Management and Monitoring of Town Properties: no report

Scenic Road: no new activity

Canoe Brook: no report

Cell Tower Update: no report

Flora & Fauna: Betsy continues her work and is making progress.

Water Resources monitoring and Protection: no report

Best Development Practices brochure development: Review Kelly's draft of BDP's: Discussion began with Patte Doran voicing her concern with the commission's prior discussion on the South Fenn Hill property and over regulating, her concern was with having everything appear pristine, beauty is in the eye of the beholder. Patte didn't want to see burdens placed on the homeowners. Kelly Boling felt that the commission was heading toward preventive cutting. Kelly Boling began discussion on the outline by stating that he felt the Best Development Practices brochure should be pictorial with two categories encouraged & discouraged practices. After discussion it was decided that members would take pictures and forward them to Kelly.

Other Business

Members received their Winter 2006 "Habitat" from the Connecticut Association of Conservation and Inland Wetlands Commission, Inc.

Susan Payne shared an article about the town of Harwinton's ordinance on preservation of stonewalls.

Meeting adjourned at 6:25pm.

Next scheduled meeting of the Washington Conservation Commission is May 3, 2006 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


March 15, 2006

Present: Dan Sherr Chairman, Patte Doran, Eileen Hearn, Susan Payne, Chick Treadway

Guests: Michael Brodie

Dan Sherr, Chairman called the meeting at 5:10pm.

MOTION: to accept the minutes from the January 18, 2006 meeting of the Open Space Committee as submitted was made by Patte Doran, seconded by Eileen Hearn, passed unanimously.

Open Space in Marbledale - Michael Brodie will join us for a review of Wheaton Road Association agenda and progress. Dan Sherr welcomed Michael Brodie from Wheaton Road in Marbledale. Mr. Sherr invited Mr. Brodie to speak about open space in the village center. Mr. Brodie is a member of the newly formed Wheaton Road Association. The Wheaton Road Association has acted together to designate Wheaton Road as scenic and to oppose the original Myfield application. On the original Myfield application the Association was opposed to activity in the wetlands and access on to Scofield Hill Road. There are about 20 residents in the Wheaton Road Association. To familiarize themselves with the area members looked at an assessor's map of the Marbledale/Wheaton Road area. There is a large parcel for sale on the New Milford/Washington border. Members referenced the Town Plan of Conservation and Development (POCD) for the Marbledale (B-3) area. The POCD proposes a potential Marbledale transition area. Dan Sherr felt there is a need for managed/appropriate commercial growth. Patte Doran agreed in that she felt the idea was to keep density with in the village centers which would offer protection against sprawl and she encouraged Mr. Brodie to read the POCD. Dan Sherr also suggested the Natural Resource Inventory as an informational tool. Susan Payne felt that Marbledale could become a viable business district. Dan Sherr stated that there needs to be a balance between commercial development and open space. Mr. Brodie added that the Marbledale area has historic value such as the quarrys, St. Andrews Church and several historic residences. Dan Sherr told Mr. Brodie that the Open Space Committee could support the association in their endeavors. Chick Treadway suggested that they contact Historic District Chairman Peter Arturi. Mr. Sherr thanked Michael Brodie for coming to the Open Space meeting and hoped that he would keep in touch. Later in the meeting members talked about educating the people in the Marbledale area about open space preservation, working with the property owners because there is no protection in the Marbledale area and the pressure for development is great.

72 Upper Church Hill - Susie Payne will review the Open Space consideration for this subdivision. Dan Sherr asked members if they were familiar with how the town acquired open space. Dan continued by stating that the Planning Commission's subdivision regulations mandate open space set aside. Members reviewed maps from the 72 Upper Church Hill Road Planning Commission file. Susan Payne explained that the Conservation Commission reviewed the plans and made recommendations to the Planning Commission which included location of easement area, requiring an easement as opposed to a deed restriction, native buffering and stone wall protection. Patte Doran commented that short of saving the area as farmland this was a good plan.

Planning a Bus Tour of Washington's Open Space. Dan Sherr would like to get Open Space members out and about to look at what is protected and see what open space preservation is needed. Dan will contact the First Selectmen's office to see about using the Senior Bus for the tour.

Designing a sub-committee to research and document Open Space grants for Washington. Conversation centered on Chick Treadway approaching Andrew Roraback regarding the proposal of an added conveyance tax for the town on the sale of $1,000,000+ properties to benefit the town. Dan offered to assist Chick.

Meeting adjourned at 6:30pm.

Next scheduled meeting of the Open Space Committee is April 19, 2006 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


March 1, 2006

Present: Chairperson Susan Payne, Kelly Boling, Linda Frank

Alternate: Dan Sherr

Susan Payne, Chairperson called the meeting to order at 5:00pm.

Dan Sherr was seated as an alternate.

Minutes 2/1/2006: Conservation Commission members reviewed the February 1, 2006 minutes of their meeting. They made the following amendments: on page 1, third line from page bottom Kelly should replace Kellie; on page 2, under Depot Study, the eighth sentence should read Kelly Boling felt that increased growth in the village centers should be linked to decreased growth outside the village centers.

MOTION: Linda Frank made a motion to approve the minutes as amended from the February 1, 2006 meeting of the Conservation Commission, seconded by Dan Sherr, passed unanimously.

Referrals or new projects:

72 Upper Church Hill Road application: as a follow up to last month's discussion Susan Payne forwarded a letter with the Conservation Commission's suggestions to the Planning Commission. Betsy Corrigan submitted a letter from the DEP about the threatened/endangered species and has put together a list of recommended shrubs to plant; Pamela Osborne will forward both documents to the Planning Commission.

Spring Hill Farm, 79 Whittlesey Road: Members looked over the file for this application which is before the Inland Wetlands Commission. They felt that the increase in footprint was modest and were pleased with the upgrades to environmental management systems to modern standards. Other pluses were the decrease in impervious surfaces and moving the structure back away from the pond. Susan Payne will draft a letter and circulate it to members.

Best Development Practices brochure: No volunteers from other Land Use Commissions have come forward except Patte Doran. Susan Payne will invite Patte to the April Conservation meeting, when members will go over Kelly Boling outline.

Subcommittee Reports

Open Space Committee: Dan Sherr stated that the Open Space Committee has discussed a lot; he is looking for a way to engage the committee with open space issues. Susan Payne suggested doing a "road trip" to get a visual perspective of what is "real" open space and what is perceived. Mr. Sherr brought up the subject of a 61 acre parcel on Wheaton Road that's up for sale; this property is partially in New Milford.

Ridgeline Protection: Linda Frank distributed the document she submitted to the Zoning Commission for their consideration

Archaeological Resources Protection: Betsy Corrigan has spoken to Bill Fairbairn, the Planning Commission discussed protection of archeological resources but was busy with the Depot Study and other things but is moving it to front burner; will have something (hopefully) for us by CC April meeting. One concern was that archeological assessments might drag out projects. Betsy informed Bill that Nick Bellantoni's office strives to work within project time frame, accommodating the developer's schedule.

Planning is also considering stonewall protection measures.

Land Use Data Management/training of Town Hall Land Use Staff: Pamela Osborne has been asked to take up this cause. Pam contacted George Blake for assistance; George was to get back to Pam with names of people who might help assist the staff. Members discussed contacting Harry White.

Greenway: Susan Payne stated that the Greenway committee will be meeting on Monday March 6th. Susan has invited Ray Reich, Park & Rec member to discuss joint ventures.

Management and Monitoring of Town properties: all set till Fall

Scenic Road: no report

Canoe Brook: no report

Cell Tower Update: no report

Flora & Fauna: Betsy Corrigan reports that compilation of Washington's invasives photos near completion. Ready to send to Rex Swain soon; goal is to have it ready --online-- by CC April meeting.

Betsy is also working on a Washington Habitat Map, she reports it is almost ready and found that DEP stream layer does not correspond to streams on USGS topo mapsections of streams are missing from DEP layer; need to draw them in manually.

Ms. Corrigan also addressed the Town's logging regulations and suggested seeing what other town's have for regs. She is willing to contact Larry Rousseau, the DEP's Western CT District Forester, to see which towns have the best regs. She thinks that as it stands now, loggers only need a permit from our selectmen's office and they also have to post a bond (in case of any damage to roads due to weight of logging trucks).

Water Resources: no report

33 Church Hill Road: As a follow up to commission discussion in January, no correspondence was sent to New Milford, because of the very small triangle of land affected is Washington members felt correspondence wasn't necessary.

Members took time to go through maps in the Natural Resource Inventory Report and Plan of Conservation and Development to identify maps for mounting. Susan Payne will contact Joe Gitterman with the ten maps to be mounted and displayed in the Land Use Meeting Room.

Meeting adjourned at 6:10pm.

Next scheduled meeting of the Washington Conservation Commission is April 5, 2006 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


February 1, 2006

Present: Susan Payne Chairperson, Kelly Boling, Linda Frank, Joe Gitterman
Alternates: Betsy Corrigan, Dan Sherr
Guests: Addie Roberts, Press

The Chairperson Susan Payne called the meeting to order at 5:00pm.

Betsy Corrigan was seated as an alternate.

Minutes of 1/4/06: Members reviewed the minutes of the January 4, 2006 meeting of the Conservation Commission and made the following amendments: on page one, in the third motion replace pass with passed, on page 2, under 33 Church Hill Road, New Milford, the third sentence to read: The subdivision is on .......and will not be improved upon to accommodate increased traffic flow. Under Subcommittee Reports the phrase "no activity" to be replaced with "no report" for the Open Space Committee, Archaeological Resources Protection and Scenic Roads.

Motion: Kelly Boling made a motion to approve the minutes of the January 4, 2006 meeting of the Washington Conservation Commission as amended, Joe Gitterman seconded the motion and it passed unanimously.

Referrals or new projects:

72 Upper Church Hill Road: A letter was drafted and sent, on January 6, 2006, to the Inland Wetland Commission and Planning Commission with the Conservation Commission's comments and suggestions on the proposed subdivision. Chairperson Susan Payne received a response letter and draft copy of the proposed Conservation Restriction from Paul S. Szymanski, P.E., President of Arthur H. Howland, P.C. Ms. Payne read the letter of response to members. (on file) Betsy Corrigan will submit an application to the Connecticut Department of Environmental Protection Natural Diversity Database for information on the threatened/endangered species area near the proposed subdivision. The response letter states that the applicant has revised the proposal to easement rather than restriction, Grantee being the Town of Washington. Susan Payne has read the draft of the proposed Conservation Restriction and feels it is a good document. Susan went through the pertinent parts of the draft document with members. Betsy Corrigan voiced concern about maintaining the "Yankee" type stonewalls. Addie Roberts, Planning Commission Chairperson came forward to comment on the proposal. Ms. Roberts stated that the applicant wanted to plant pines as buffers and the Planning Commission asked that they use native shrubs instead. She went on to say that it would be helpful if the Conservation Commission could provide a list of various native plants/shrubs. Susan Payne thought this was a great idea and agreed to provide the information. Betsy Corrigan is also concerned about the reserved right to remove dead, diseased or invasive trees, shrubs and plants. Ms. Corrigan felt this gives them the in to create a "New York Forest" and went on to inform members of the decline in songbirds due to encroachment of their nesting and food sources. The songbirds winter in the tropics where they are loosing their habitat as well. Joe Gitterman felt that the proposed 3+ acre Conservation Restriction on the east side of the property should be connected to the other easements. Kellie Boling will draft a letter to the Planning Commission addressing the following: protection of the stonewalls/ to be rebuilt "traditionally", connecting the eastern Conservation Restriction area with the others, provide information for the road/house buffers to include native species, conservation restriction markers to be visible (GPS coordinates). The next Planning Commission meeting is Tuesday February 7th.

The Depot Study: Addie Roberts Planning Chairperson stated that the Depot Study and cover letter were going on the Town website. Secretary, Pamela Osborne will email a copy of the cover letter to Conservation members. Susan Payne began by telling Ms. Roberts that her team did a wonderful job with this conceptual exercise, Kelly Boling added his accolades. Susan went on to state that the Conservation Commission's primary consideration is for the environment such as water resources, preservation of green space, lighting, less pavement. Addie noted that the study gave the depot more green space and less paving. Joe Gitterman stated that the plan should utilize new products such as grass pavers. Ms. Roberts continued by saying that Zoning will be addressing the parking issue and that the plan has proposed more parking with more green space. Kelly Boling felt that growth in the village centers would decrease growth outside the village centers, create desired growth areas. Linda Frank addressed the "old town garage site'. Linda feels that what is there now needs to be marked; you don't want to loose anything valuable before beginning any project. Ms. Roberts said there is a need to find new space to store the materials that are stock piled on this property; the equipment is not the issue. She went on to state that preservation of the 100' river buffer is important. They had talked about allowing temporary use of this site with the town maintaining ownership for its future use, but this may be difficult. Dan Sherr asked about the Depot Study in the context of Marbledale, New Preston and the Route 202 corridor. Ms. Roberts answered that the Town Plan of Conservation and Development identifies the three town centers and suggested to preserve land, using the centers for development. The Planning Commission chose the Depot because it was largest; each town center deserves its individual look. Mr. Sherr asked if given the controversy will they concentrate on the Depot, is there a development schedule? Addie said she asked for a 50 year plan, the northwest area will change (as much as people think it will remain the same) and there is a tipping point, if no one is living in the village centers they die, they are looking for viability & location. The town needs to set priorities. There will be continued conversations at Planning Commission meetings; this will be a lengthy process. Members are asked to get their comments to Janet Hill in the Land Use Office.

Best Development Practices brochure development: Susan Payne reports that she has not heard from any other Land Use Boards (volunteering helpers) for this project. Patte Doran a member of the Open Space Committee has volunteered. Susan has received two discs with information from the Connecticut Conference of Municipalities as well as two documents from Dan McGuiness of the Northwest Conservation District. It was decided that the Conservation Commission will proceed with the work of organizing this project.

Subcommittee Reports

Open Space: Dan Sherr stated that the Open Space Committee identified five goals and discussed three subjects. The three subjects being the privilege of the open space evaluations (using them as a guideline for preservation), do they approach individuals or just do assessment and the database of the Open Space Plan. They are looking for a role in the process. Dan went on to ask what is done after identifying, should they be active in changing regulations pursuing tax abatement? Susan Payne suggested revisiting the state statues for Open Space.

Ridgeline Protection: Linda Frank reports that they have spoken to Mike Zizka Esq. who has given them feedback. Linda has also had conversations with ZEO Mike Ajello. She is trying to get information together for the March meeting.

Management and Monitoring of Town Properties: This committee will stick with fall site visits to properties.

Archaeological Resources Protection: Betsy Corrigan has emailed Bill Fairbairn and waiting for a response.

Land Use Data Management: Kelly Boling gave a demonstration of the Arc View set up for interested Land Use personnel and members today prior to this meeting.

Greenway: Their next meeting is Monday February 6th.

Scenic Road: no report

Canoe Brook: no report

Cell Tower Update: The request by Verizon to install a tower on the New Preston Firehouse property has been put on hold by Verizon.

Flora & Fauna: Betsy Corrigan has sent an email to Dan and Susan for review. She is working on a joint Conservation Commission and Washington Environmental Council task force that will be on call for eradication of invasive species. Betsy is also continuing her work on the Ecological Map and collecting information for the website.

Water Resources: no report

Natural Resource Inventory Report's recommendations for implementation: This item will be kept on the agenda for future discussion.

Other Business

Susan Payne informed members of the following upcoming events:

The Trust for Public Land and The Housatonic Valley Association will feature Tim Abbott, Director of the Litchfield Hills Greenprint on February 10, 2006 at 4:00pm. at the Fife'n Drum in Kent, RSVP is necessary.

2006 CAWS (Connecticut Association of Wetlands Scientists) annual meeting is February 23, 2006 in Meriden, registration is required.

Copies of the Connecticut Association of Conservation and Inland Wetlands Commission newsletter were circulated to members.

Meeting adjourned at 7:00pm.

Next scheduled meeting of the Washington Conservation Commission is March 1, 2006 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


January 4, 2006

Present: Susan Payne Chairperson, Kelly Boling, Linda Frank, Joe Gitterman
Alternates: Diane Dupuis
Guests: Sarah Gager, Richard Sears

Susan Payne, Chairperson called the meeting to order at 5:00pm.

Diane Dupuis was seated as an alternate.

Motion: Joe Gitterman made a motion to approve the minutes of the December 7, 2005 meeting of the Conservation Commission with the following corrections and additions: on page two; under Cell Tower the fourth line should read Diane Dupuis is very concerned with the RF exposure as the tower is in close proximity to the firehouse as well as Quarry Ridge condominiums and the fact that the Cell Tower Committee Report was not vetted with a RF engineer. Page two under Best Development Practices add Diane Dupuis to the list of those interested in the subcommittee and the last sentence exchange from for form. Kelly Boling seconded the motion and it passed unanimously.

Motion: Kelly Boling made a motion to elect Susan Payne as Chairperson for the Conservation Commission, Diane Dupuis seconded the motion and it passed unanimously.

Motion: Linda Frank made a motion to elect Kelly Boling as Vice-Chairman, Diane Dupuis seconded the motion and it pass unanimously.

The Depot Study: Members were notified via email that copies of the Depot Study Report were available for them in the Land Use office. Sarah Gager, Planning Commission member was present to speak with Conservation members. Ms. Gager told members that the Planning Commission was looking for feedback and comments from land use commission members. She went on to say that getting this input was important and invited members to next weeks (January 10th) Planning Commission meeting at 7:30pm where the plan would be discussed. Susan Payne addressed members by saying that they should bring their comments and feedback to the February Conservation meeting for discussion. Susan reminded members to look at the study through our role as "environmental watchdogs". Members were also reminded that the "Depot Study Report" is a guide and not set into stone. The Planning commission is looking for feedback as they are concerned that if this is the direction people want to take, work will need to be done to get regulations inline with the plan.

The deadline for the next town newsletter is January 15th. Kelly Boling & Joe Gitterman have gotten together a document on Scenic Roads to submit. Kelly will email it to members for review. Susan Payne will also submit a notation about seeking volunteers for the "Best Development Practice" brochure subcommittee.

At this point Linda Frank bought up the subject of outdoor lighting, property owners should take into consideration what their lighting looks like from neighboring properties. Discussion progressed to street lighting and as existing lights need replacing to do so with more environmentally safe, efficient lighting and decommissioning lights. First Selectman Dick Sears asked if this was an issue the Conservation Commission wanted to seriously address. Kelly Boling expressed interest in working on the "light pollution" topic. Susan Payne stated that a sub committee could incorporate both town and private and would need to work with the Zoning Commission, these topics needs further research. Kelly Boling agreed to be on a "light pollution" subcommittee. Linda Frank will compose an article about lighting and ask for volunteers for the proposed subcommittee.

Referrals from other Commissions:

33 Church Hill Road, New Milford: New Milford Wetlands & Watercourse Commission has an application for a five lot single family subdivision located at 33 Church Hill Road. The subdivision is on property in New Milford. Kelly Boling felt it would be beneficial to write a memo to the New Milford Planning Commission noting the increased development in the north east area of New Milford and reminding them that Walker Brook Road is a "Scenic Road" and will not be improved upon. Susan Payne will draft a memo.

72 Upper Church Hill: The Inland Wetlands Commission has received an application for a three lot subdivision at 72 Upper Church Hill Road. It appears the applicant is using existing wetlands for conservation easement. Members looked over maps of proposed conservation easements. Kelly Boling felt it was important to preserve the corner of Popple Swamp and Church Hill Road; this is a visible and prominent location (this would be the south east corner of Lot #1), other members agreed. It was also noted that there is a "State Listed Species" in the area and members felt this species & specific location needs to be determined. Members also felt very strongly that the proposed be a Conservation Easement and not a Deed Restriction because of the enforcement issue, with a deed restriction there is not a third party. Lastly members would like to see impervious surface for the driveways and that curb cuts be visually discreet in keeping with the rural/farm character of the area. Kelly Boling will draft a memo.

Kessler, 103-105 West Mountain Road: Members were unclear as to what to comment on for this application as Susan Payne stated that a Conservation Easement had already been put in place through Steep Rock. Pam Osborne, secretary will check with Janet Hill, Inland Wetlands secretary.

Best Development Practices: This subcommittee continues to form and will move forward in February.

Subcommittee Reports

Open Space Committee: no activity

Ridgeline Protection: Kelly Boling and Linda Frank have met and both agree that horizon zones are not the way to go. Both Linda and Kelly feel that minor changes to the Zoning Regulations will create the needed triggers. Ms. Frank requested funds to get legal opinion from Atty. Zizka. Susan Payne gave her to OK.

Archaeological Resources Protection: no activity

Land Use Data Management: Kelly Boling has moved the computer and projector with the Arc View program into the Land Use Meeting Room; it will be locked in the supply closet for security. Kelly will be doing a basic class on February 1st at 4:00pm.

Greenway: The Greenway committee is looking into uses for the "Old Town Garage Site" which the Selectman's office hopes to have cleaned up by the fall. Greenway is looking for river access. Other items they are working toward are a link from Bee Brook to Macricostas Preserve, a bike trail map and are researching unimproved town roads.

Management & Monitoring: Linda Frank is still waiting on a few delinquent reports.

Scenic Roads: no activity

Cell Tower: Diane Dupuis stated that the Cell Tower on the Tanner farm property in Warren is moving ahead. This tower will be in the view shed of Route 202 as well as Lake Waramaug.

Flora & Fauna: no report

Water Resources: no report

At the February meeting members will discuss which maps should be mounted.

Meeting adjourned at 6:55pm.

Next scheduled meeting of the Washington Conservation Commission is February 1, 2006 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Meetings in 2005