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The Town of Washington, Connecticut

Minutes: Conservation Commission, 2007
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Web page last updated: December 14, 2007

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 14, 2007

December 4, 2007

Present: Susan Payne Chairperson, Linda Frank, Joe Gitterman

Alternate: Elizabeth Corrigan, Diane Dupuis

Guests: Peter Litwin Esq., Marc Shaw, Chris Charles, Sandra Canning

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

Elizabeth Corrigan and Diane Dupuis were seated as alternates.

Ms. Payne began the meeting by stating that Dan Sherr has resigned from the Conservation Commission and Open Space Committee.

In reviewing the minutes Susan Payne noted the following corrections: page 1, under Abella, 44 Scofield Hill Road, line 6 and page 2, under Myfield, Mygatt Road, line 2, replace recluse with recused. Ms. Payne also added: on page 2, under Larsen Farm, West Shore Road, line 2, for no consideration so no open space set aside...

MOTION: Joe Gitterman made a motion to accept the minutes of the November 7, 2007 meeting of the Washington Conservation Commission as amended, Linda Frank seconded the motion which passed unanimously.

Referrals or new projects:

Young Elliot's Farm, 110 Calhoun Street: Peter Litwin Esq. and Marc Shaw were present to speak about the proposed conservation easement. Mr. Litwin began by displaying a map and distributing copies of the easement language, he stated that the conservation easement language allows the parcel to retain farming and wildlife management. Susan Payne addressed members on the importance of reading through the easement language, adding that Steep Rock Association declined this easement. Mr. Litwin continued by stating that two easements already exist on the property: one along the east side running along Calhoun Street for .827acres and one on the west side for 5.028 acres, both are shown on the map presented. The two new proposed easements: both boarder Calhoun Street and are open fields, one being 2.96 acres and the other being 2.719 as noted on the map.

Kelly Boling entered the meeting at 5:15pm, as an observer only and was not seated.

Ms. Payne asked about baseline documentation, which Mr. Litwin said it would be a visual/photo portfolio for now with more work done in 2008. Kelly Boling noted that he hopes that there will be more eased property in this area and perhaps Steep Rock Association will eventually take over this easement area. In addressing the easement language it was noted that language should be included to address stonewalls, that they remain intact and if repaired be done so in an appropriate farm/historical/traditional fashion. In 3.4 the word commercial is to be removed. There was a discussion on the intent that the eased areas be maintained as open/mowed fields. Fencing should be traditional/historic, avoid interference with the historical aspect of the area. In 3.5 remove the word shells. Susan Payne asked about environmental hazards on the parcel, Marc Shaw answered that a Phase I visual and water test has been done. Mr. Litwin stated that a mylar map will be recorded with the conservation easement document. He will edit the easement language to reflect the changes discussed. Members agreed to have Susan Payne edit the final document and forward it to Town Council.

MOTION: Linda Frank made a motion to accept the Conservation Easement for Young Elliot's Farm, 110 Calhoun Street, with amendments made to the easement language as reflected in the minutes of this Conservation Commission meeting, to be subject to final review of the Conservation Chairperson Susan Payne and Town Council, Diane Dupuis seconded the motion which passed unanimously.

Susan Payne will be going out of town, so members agreed that Kelly Boling will edit the final document and forward to Town counsel.

Kelly Boling left at 5:45pm.

Sandra Canning, 119 Calhoun Street: Chris Charles and Sandra Canning were present to address the proposed conservation easement. Mr. Charles presented a map and Deed of Conservation Restriction document for the proposal, which showed the eased area along Calhoun Street on the east side of the parcel, being 2.11 acres. He went on to say that Ms. Canning is also proposing a Deed Restriction area to the west of the proposed easement area. Ian Branson will be doing a photo record and baseline for this proposal. Ms. Canning stated that the lot is mowed twice during the summer. Betsy Corrigan noted that in this situation a small parcel is beneficial and spoke about migrating birds. Members asked that the same language be used to address stonewalls as with the Young Elliot's Farm easement. In section 4.5 the references to a (30) day time period be changed to (60) days. Mr. Charles will record a mylar with the Deed of Conservation Restriction.

Motion: Linda Frank made a motion to accept the Conservation Easement for Sandra Canning, 119 Calhoun Street, a 2.11+/- acre parcel, with easement language as amended, reflected in the minutes of this Conservation Commission meeting and subject to the final review of the Conservation Commission Chairperson Susan Payne and Town Council, Diane Dupuis seconded the motion, which passed unanimously.

Joe Gitterman and Betsy Corrigan recused themselves from the following discussion on the Myfield LLC, 7 Mygatt Road.

Myfield, 7 Mygatt Road: Chris Charles was back before the Conservation Commission seeking their approval for the change in easement area on the Myfield LLC parcel at 7 Mygatt Road. The proposal is to remove a section of eased property along the Mygatt Road side of the property to accommodate building 3 in that area. Mr. Charles spoke about the proposal for planting in the open field area. Susan Payne felt it would be preferable to plant a variety of trees for a more natural look. There still remains the question of the process to legally amend the easement. Mr. Charles's next step is at the Zoning Commission. Secretary, Pamela Osborne noted that at present only the Conservation Restriction document is recorded, there is no mylar on record. Members felt that both mylars should be filed, what originally existing and the changes that are to be made to the easement. Susan Payne added that an amended Conservation Easement document would have to be filed to reflect the changes. Chris Charles agreed to file both the original and amended mylar maps for this parcel.

MOTION: Linda Frank made a motion to accept the amendments made to the easement area for Myfield LLC, 7 Mygatt Road, as shown on map by William W. Worcester dated 3/26/2006, revised 11/28/2007; Diane Dupuis seconded the motion which carried with a vote of 3-0.

Walker Brook Subdivision: Susan Payne referenced an email from David Hay, saying that the case is continuing to December 10th, she did say that Charles LaMuniere had put together documents that were submitted for record.

Report on the November 26th Zoning Commission meeting: Susan Payne reported that the proposed change to Section 13 pertaining to accessory apartments was tabled. Ms. Payne went on to complement the Zoning Commission on the changes to Sections 11, 12 and 21 pertaining to fences and stonewalls; this is a step toward protection of Washington's rural character.

Report on the December 1st "Logjam" workshop sponsored by NW Conservation District: Susan Payne attended this workshop which she felt was very informative, they spoke about development patterns and regulations accomplishing what we want. There were several interesting speakers.

Subcommittee reports

Cell Tower: Diane Dupuis reported that a letter dated November 30, 2007 confirms that Verizon will be installing a cell tower at 6 Mountain Road in New Preston.

Scenic Road: Susan Payne noted that scenic road designation for Whittlesey Road is on the Planning Commissions agenda tonight.

Archaeological Resource Protection: Betsy Corrigan stated that she would like to help Susan Payne with this project; they hope to meet in January 2008.

Open Space Committee: Will meet on December 13th at 4:30pm.

Greenway: Susan Payne reported that Greenway met on December 3rd, adding that there is a need for updated mapping to show the link to Macricostas Land Preserve.

Other Business:

Michael Ajello, Wetlands Enforcement Officer shared with the commission a letter pertaining to Lake Waramaug shoreline management relating to seawalls. Betsy Corrigan spoke about the need to have back up information on step slope clearing of upland vegetation affecting the protection of water quality.

Members were given a Meeting date schedule for 2008. Susan Payne asked about meeting in the second floor area "the grange room". Pam Osborne will check into the availability and make the appropriated scheduling changes.

Adjourned at 6:55pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: November 16, 2007

November 8, 2007

Present: Susan Payne Chairperson, Rick Distel, Charles LaMuniere, Joann Caldara

Chairperson Susan Payne called the meeting to order at 4:00pm. Members discussed attendance and meeting time. Ms. Payne will send out an email to members once again asking for input on the best hour for meetings.

Motion: Charles LaMuniere made a motion to accept the minutes with the following additions: page 2, last paragraph, line 4, should read Dick Sears stated that the 2003 Plan of Conservation and Development had a goal of 30% permanently preserved open space, is that the right percentage is this enough, too much? It was the consensus of members that 30% is the minimum, more is all the better. Page 2 last paragraph, last line, should read There was discussion of the Housing Commission, Washington Housing Trust and Open Space Committee having conversation, this needs to be followed up on to align goals and work together. Joann Caldara seconded the motion which passed, with Susan Payne abstaining because she was not present at the meeting.

Cell Tower Update: Susan Payne reported that the cell tower will be going up at 16 Mountain Road in New Preston and Diane Dupuis told her that a health study will be done.

Susan Payne referenced last months meeting in noting that the Potter Farm is back on the market and spoke about the Ruane property on Route 109 going into Morris. Ms. Payne believes that the Ruane children are maintaining the house; she has a contact in the Bethlehem Land Trust and will see if any of the property is held by the trust.

Walker Brook Farm Cluster Conservation Subdivision application, Route 109, New Milford: Members received a copy of First Selectman Richard Sears letter to the Danbury Superior Court about the Walker Brook Farm subdivision. Susan Payne stated that Keith Templeton attended the hearing in Danbury Superior Court which will reconvene on November 13th or 14th. Charles LaMuniere is pessimistic about the outcome because of New Milford's development policies.

Members discussed the Open Space Acquisition Fund which has about $500,000.00 in it. Charles LaMuniere spoke about pooling resources with the Housing Commission, action needs to be taken, purchase a property with visual impact.

Marbledale Historic District Survey: Rick Distel had a copy of his updated survey, members made a few other minor changes to the document. Rick will send out the survey with a cover letter. Mr. Distel went on to say that the "Coach Stop" antique shop has reopened. He also told members that Michael Ackerman owner of the Pantry has been elected president of the Business Association, which includes the three business districts of Washington, New Preston and Marbledale. They will be creating a "business" map of the three districts.

Susan Payne informed members that there is a possibility that the federal tax incentive for conservation easements may be extended past December of 2007.

At Decembers meeting members will create a map with parcels that are on the market, Pam Osborne will have a copy of the Assessors maps and index available.

Members received emails with information on the following:

Flood Plain Management Conference for Municipal Governments held on December 13th.Upper Housatonic Valley National Heritage Area Inc. meeting November 15th.

Adjourned at 5:07pm.

Next scheduled meeting is December 13, 2007 at 4:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: November 10, 2007

November 7, 2007

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

Alternates: Diane Dupuis

Guests: Paul Symanski, Chris Charles

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

Alternate members Diane Dupuis was seated

Motion: to accept the minutes of the October 3, 2007 meeting of the Washington Conservation Commission was made by Diane Dupuis seconded by Joe Gitterman, passed unanimously.

Referrals or new projects:

Abella, 44 Scofield Hill Road, 3 lot resubdivison: Members were mailed copies of the proposed Conservation Easement Language. Paul Symanski from Arthur Howland Surveyors was present to discuss the proposed language. Conservation members made recommendations for easement areas several months ago, Mr. Symanski had the map with final easement areas defined. He stated that the language was modeled after the Myfield easement; Joe Gitterman asked if he should recluse himself from the discussion. Members did not think that was necessary. Sara Taylor of Murtha Cullina had reviewed the language, she was concerned with section 3.4 and 3.5 under "Grantor's Reserved Rights" to perform lot line revision and to construct, install, use and maintain underground utility conduits. Members felt these sections were fine to leave as is. Under section 2.4 members added language to allow for use of herbicides to control/eradicate invasive species with the approval of the grantee. In section 3.7 add native conifers and in section 3.9 be specific with farm/open fencing no solid/stockade style fencing. Under section 4.5b delete "In no event may Grantee approve of the construction of any residences on the Protected Property" and increase the (60) days time frame to (90) days through out this section. Susan Payne gave Paul Symanski a hand written copy of the Conservation Commission's recommended changes to present to the Planning Commission.

Ms. Payne reminded members of the importance of reading through the easement language and went on to discuss the cover letter from the Planning Commission addressing their new policy that applicants obtain Conservation Commission approval for proposed language first and that emailed copies will not be accepted.

Canning Conservation Easement, Calhoun Street: Chris Charles was present to talk about proposed easement of a portion of the 7 acre parcel, a two acre piece of the field. Mr. Charles added that there might be additional deed restriction put on the property and went on to speak about potential easements in the area. His question to conservation members was if they would consider a small parcel like this two acre piece. Linda Frank felt it would be easy to monitor and Susan Payne felt it was critical to the Historic District. Chris Charles asked about reserving rights to build a barn on the conserved piece. Members felt that it was too small to reserve that right. Members went on to discuss the location of the two acre eased area; suggestions were made such as having the easement run along the roadside. Susan Payne noted that the viewscape in this area is critical and expressed her appreciation to the applicant. In closing Ms. Payne reminded Mr. Charles the area be clearly marked and mapped.

Larsen Farm, West Shore Road: This property is going before the Planning Commission to be divided in half between two sisters for no consideration so no set aside is required.

Walker Brook Road Subdivision, New Milford: There was a hearing held on Monday November 5th. Dick Sears submitted a letter on behalf of the Town of Washington and Susan read from an article in today's Voices.

Drought Management, Water Resources and Aquifer Protection: Susan Payne told members of Governor Rell's advisory and the creation of an Aquifer Protection Agency. Phil Markert stated that he had looked into this and the agency didn't apply to us, just the larger towns. Susan felt it was important to investigate protection of our water resources. Phil will look for the data/information he has collected.

Scenic Road Designation for Route 202: Discussion tabled till December when Kelly Boling is present.

Zoning Changes, accessory apartments: Susan Payne circulated a memo from Wayne Hileman of the Housing Commission expressing concern for the proposed changes to zoning regulations for detached and attached accessory apartments, to allow only one, when presently one of each (detached and attached) are allowed. Susan asked if the Conservation Commission should get involved in this discussion, there is a Public Hearing at the November 26th Zoning Commission meeting on the proposed changes. Chris Charles spoke about the proposed changes in the eyes of the Planning Commission. Joe Gitterman questioned the Conservation Commission's role with this issue; Susan Payne felt it was important for members to be aware.

Myfield, Mygatt Road: Chris Charles was present to ask about a proposed change to the conservation easement on this property. Joe Gitterman reclused himself from this conversation. Mr. Charles showed members a map with the existing easement areas and explained the proposed change. They would like to move building #1 northeast on the parcel which would encroach on the conservation easement area. This easement is held by the Town of Washington. They would also like to cluster three of the units together; this does not affect the easement area. Chris explained this would create three corridors. Mr. Charles went on to talk about planting in the field between the Myfield project and Quarry Ridge. Susan Payne commented on the need for diversity in the plantings and suggested checking with Betsy Corrigan. Conservation members had no problem with the proposed changes to the easement area; there remains the question about legally amending the conservation easement.

Subcommittee Reports

Cell Tower Update: The cell tower is going up on the Underwood property, 16 Mountain Road in New Preston. Diane Dupuis stated that a health study will be done.

Scenic Road: There are no new applications. Joe Gitterman once again offered assistance with the application process.

Open Space Committee: Meeting tomorrow at 4:00pm.

Greenway: Susan Payne was pleased to announce that Keith Templeton is the new chairman for Greenway.

Management and Monitoring of Town properties: Linda Frank will be photographing these properties when all the leaves have fallen.

Other Business: Phil Markert has compiled a traffic report, which shows that the State of Connecticut has no concerns with traffic in the Washington area. They have no plans to build new roadways. Members went on to discuss Route 202, designation of scenic roads and the issue of speeding.

Members had received information on:

Painter Ridge Improvement meeting on October 30th.

Getting Greener event by the Washington Garden Club held on November 7th.

Flood Plain Management Conference for Municipal Governments on December 13th.

Upper Housatonic Valley, National Heritage area Inc meeting on November 15th.

Adjourned at 6:30pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: October 5, 2007

October 3, 2007

Present: Kelly Boling, Linda Frank, Joe Gitterman

Kelly Boling, Vice Chairman called the meeting to order at 5:07pm, seating regular members present.

Motion: Joe Gitterman made a motion to accept the minutes of the September 5, 2007 meeting of the Washington Conservation Commission as submitted, Linda Frank seconded the motion which passed unanimously.

Referrals or new projects: Brown/Carroll, subdivision, Buffum Road, conservation easement language. George Mack has been in contact with Kelly Boling. Mr. Mack was before the Planning Commission on Tuesday (October 2nd) with a revised conservation easement, because the document language had changed Conservation Commission members needed to review the document, and then the document will be forwarded to the Town's attorney David Miles. Kelly Boling was at the Planning Commission meeting also, he spoke with the commission about having model easements. Paul Frank has submitted a sheet of comments on the revised conservation easement and Kelly Boling had some language dealing with herbicides. Linda Frank felt that it was inappropriate for the land to be restored to agriculture use; she felt it had not been so for many years. The proposed easement area will be a buffer/screen from development. There was quite a bit of discussion about clearing and cutting of trees. Linda Frank and Kelly Boling decided to do a site visit after tonight's meeting. It was finally decided that within a 50'of the road clearing and tree cutting could not be done without the permission of the Conservation Commission.

Motion: Linda Frank made the motion authorizing Kelly Boling to incorporate Paul Frank's language into the easement, add the stipulation that any tree cutting or clearing within 50' of the road be done by permission of the Conservation Commission, add the new language from Kelly Boling on herbicides and then pass the document on to Town attorney David Miles.

Walker Brook Subdivision - New Milford - What action should Conservation Commission take? Members had received emails from Susan Payne which included a letter written by David Hay about the Walker Brook Farm subdivision in New Milford. Members present felt that there was no action to be taken.

Top Priorities for Action from TPOCD: tabled till November.

Scenic Road Designation for Route 202: Linda Frank has been taking more photos. Joe Gitterman noted that a list of natural/cultural features both historical and agricultural needs to done.

Subcommittee Reports: none given

Linda Frank spoke about the upcoming Clean Air Cool Planet presentation by the Washington Garden Club on November 7th at 7:00pm. Members received an email about this event.

Other Business

BOS seeking volunteers for an Energy Task Force: No members present volunteered but they did discuss renewable energy, solar and geothermal energy.

Other emails received by Conservation Members:

NW CT Council of Governments forum on Telecommunication Towers in the Northwest Corner, September 26th.

An article by Woody Hochswender entitled Got Land? Now, a way to Donate.

Environmental History of NW CT Speaker Series presented by The White Memorial Conservation Center September 19 - October 31.

An update on the River Loop progress.

Adjourn at 5:40pm with members Linda Frank and Kelly Boling headed to the Brown/Carroll site on Buffum Road.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: September 10, 2007

September 5, 2007

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

Guests: Dick Sears

The meeting was called to order at 5:00pm, no alternates were seated.

Motion: Joe Gitterman made a motion to accept the minutes of the August 1, 2007 meeting of the Washington Conservation Commission as submitted, Linda Frank seconded the motion which passed unanimously.

Referrals

Brown/Buffum Road, conservation easement: Members were emailed the proposed conservation easement for the Brown-Carroll property at 41 Buffum Road. Feed back included Betsy Corrigan's thought that herbicides be allowed for eradication of invasive species. Ms. Payne stated that the Planning Commission approved this application on the condition that David Miles, Esq. review the conservation easement language.

Aragi Woodbridge Subdivision, Wilbur Road: This application has been withdrawn. First Selectman, Dick Sears stated that he has had no response from Peter Pappas about the suggestion that Birch Hill Run turn their road over to the Town. In seeking advice from council Mr. Sears added that you cannot force the property owner to turn their road over to the Town. Mr. Sears is hopeful that Mr. Aragi will engage in conversation with Mr. Pappas to use the same access for both properties, if and when a new proposal is brought forward. Ms. Payne reminded members that for this and future proposals, cluster housing development was and should be discussed.

Abella subdivision, Scofield Hill Road: Susan Payne had the latest maps for this proposal and was pleased to see that Paul Szymanski had incorporated the Conservation Commission suggestion of a buffer on the western boundary along lots #2 and #3. The Planning Commission has continued the Abella public hearing and conservation easement language will be forth coming.

First Selectman, Dick Sears had a few items to share with Conservation Commission members. First Mr. Sears met with Ed Edelson of the Pomperaug River Watershed Coalition who discussed the group's research on the impact of rain/water to the aquifer and placing value on specific parcels with consideration of its water resources. Next Dick noted that Congressman Chris Murphy's top aide visited the Lake Waramaug area. Members went on to discuss water resources and had a brief conversation about GIS and Arc View programs and information. Mr. Sears reported that the invasive species workshops held at the River Loop Property (old town garage site) was a success. He went on to say that Betsy Corrigan gave a great presentation and lots of work was done. On the cell tower front Dick reported that they are just waiting for the siting council's finding all documentation has been submitted. He asked Susan Payne for the cell tower survey results; Susan reported that she will submit a report for the Town newsletter and a full report will be done. Phil Markert asked if Diane Dupuis has taken up the cell tower health issues with legislators. Lastly the First Selectman, Dick Sears stated that the selectmen haven't addressed scenic road designation for state roads. Ms. Payne told Mr. Sears that the Conservation Commission was moving ahead on possible scenic road designation for a portion of Route 202.

Joe Gitterman asked Dick Sears about scheduling meetings between the commission chairs more often. Joe feels there is a need for the committees to work more closely together and charged the selectmen with holding the commission chairs responsible for doing the will of the townspeople and not having their own personal agenda at the expense of the citizens. Mr. Sears asked Mr. Gitterman to email him with specifics.

Dick Sears left at 5:50pm.

Top Priorities for Action from Town Plan of Conservation and Development (TPOCD): Susan Payne asked members to systematically looking over the 2003 TPOCD to come up with ideas to move ahead on. Kelly Boling's suggestions were: 1. Checking over the land use regulations are they producing the desired outcome? 2. Encourage village center development 3. Permanent preservation of open space and maintaining rural roadscape. Susan Payne's suggestions were: 1. Research cluster development. 2. Enhance village centers. 3. Scenic resource preservation. 4. Evaluating the town's regulations. 5. Working together to preserve rural character. Phil Markert spoke about engaging in long term discussion about the town's road traffic, manipulating the transient and local traffic. He also spoke about preservation of open space, looking at the town's regulations, are they accomplishing what the people want?

Members went back to discussing the commission chairs meetings and had varied suggestions to help with getting the commissions to talk and work together.

Subcommittee Reports

Cell Tower: This topic was covered earlier with Dick Sears, as stated Susan Payne will submit a report for the Town newsletter.

Scenic road: Joe Gitterman left three copies of the information submitted for scenic road designation of the "lake road" with secretary, Pamela Osborne. Pam will check to see if Kelly Boling and Dan Sherr need copies of these documents. Susan Payne is encouraging residents of Whittlesey Road to seek scenic road designation. Joe Gitterman offered his help. Linda Frank has taken pictures along the Route 2002 corridor.

Archeological Resources Protection: Susan Payne reminded members of the packet of information handed out about archeological resources.

Open Space Committee: Will meet next Thursday September 13th at 4:00pm.

Ridgeline Protection: no activity

Greenway: Ms. Payne reported that they will meet on Monday September 10th. Bob Williams will seek help from the town crew to make repairs along the Greenway by the river's edge near the Washington Primary School. Susan noted that the planting done by the primary school location is doing well.

Management & monitoring of Town properties: no activity

Water Resources: Phil Markert noted the abundance of information available on state websites about water resources.

Note: November 7th @ 7:00pm special program "Clean Air-Cool Planet".

Other Business

There is a deadline for submission of articles for the Town Times of September 7th.

Annual reports are due by October 15th.

Adjourned at 6:40pm.

Next scheduled meeting of the Washington Conservation Commission is Wednesday October 3rd at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: August 4, 2007

August 1, 2007

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

The meeting was called to order by Chairperson, Susan Payne at 5:10pm.

No alternates were seated.

Minutes of July 11, 2007: Members made the following amendments to the Conservation Commission minutes of July 11, 2007: under Abella Subdivision, first paragraph, last sentence should read; Land-Tech does not feel there will be any adverse storm water runoff impact on the site.: under Aragi, Woodridge Estate, eliminate the second sentence and substitute consensus for concensus.

Motion: Phil Markert made a motion to approve the minutes as amended, seconded by Linda Frank and passed unanimously.

Referrals or new projects:

Abella Subdivision, Scofield Hill Road: Susan Payne noted that Planning will have a Public Hearing on this application on August 7th @ 7:30pm. The Conservation Commission's minutes reflect their observations and have been forwarded to Janet Hill.

Aragi, Woodridge Estate, 9 Wilbur Road: Inland Wetlands have set this application for Public Hearing on September 12th @ 6:00pm. There had been discussion on requesting set-aside along Route 202 and between the applicant's property and Birch Hill. Susan Payne will draft a letter and circulate it to members.

Village District Overlay Zone: Members have received a copy of Kelly Boling's draft. Kelly felt that he wanted some positive response before more work went into this idea. He would like to see the proposal discussed at the Chairman's meeting and have them decide if they wanted to proceed. Mr. Boling suggested a workshop run by an outside facilitator to look over the Plan of Conservation and Development for recommendations to move forward on. Members were charged with looking through the 2003 Plan of Conservation and Development for topics to work on. Members were asked to look for Land Use issues not necessarily specific to conservation.

Route 202 Corridor Enhancement Regulations: Susan Payne mentioned that Rick Distel of Marbledale was mailing out a questionnaire seeking interest in creating a Historical District in Marbledale. Kelly Boling felt that the commission should move forward on "Scenic Road Designation" for a section of Route 202. Members looked at a map of the area and decided that the scenic road designation should start at the town line in Litchfield and end at the junction of Route 47. Susan Payne stated that Diane Dupuis has done some work on identifying cultural structures along the Route 202 corridor. Kelly Boling will contact Diane Dupuis as well as the Department of Transportation. Linda Frank will take photographs.

Cultural/Archaeological Resource Regulations: Susan Payne has contacted Zoning Commission Chairman, David Owen on this subject.

Subcommittee Reports:

Cell Tower Update: Susan Payne has met with Diane Dupuis and they are working on a report to submit to the siting council.

Flora & Fauna: There will be an invasive species removal work day at the River Front Loop (old town garage site) on August 22 at 5:00pm and August 25th at 8:30am.

Open Space Committee: No meeting in August.

Water Resources Monitoring and Protection: Susan Payne reported that she had a site visit to the Shepaug Reservoirs with Randy Bernard, and reports that this process in moving ahead slowly.

Meeting adjourned at 6:00pm.

Next scheduled meeting of the Washington Conservation Commission is September 5, 2007 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: July 22, 2007

July 12, 2007

Open Space Committee

Present: Susan Payne Chairperson, Patte Doran, Rick Distel, Phil Markert, Charles LaMuniere, Joann Caldara

The meeting was called to order at 5:00pm.

Motion: to accept the minutes from the June 14, 2007 meeting of the Open Space Committee with the following corrections: on page two under Ridgeline Protection, fourth line should read has bought some of the development rights eighth line replace Saunder with Sonders was made by Susan Payne , seconded by Phil Markert , passed unanimously.

Cell Tower Update: Susan Payne told members there was an application for a proposed cell tower at 425 Litchfield Road in the Northville section of New Milford, on a 20 acre parcel. She stated that Washington may file for intervener status in the Northville cell tower application. Ms. Payne went on to say that with this proposal in Northville the coverage may overlap with the proposed New Preston sites. The final siting council meeting for the New Preston applications was on Tuesday July 10, 2007, documentation may be received until August 9th. They will be writing a letter summarizing the survey information and include information taken from the 2003 Town Plan of Conservation and Development and the Natural Resource Inventory Report. Susan went on to say that legislation was passed that applications must take into account zoning regulations, she's glad the Zoning Commission left their regulations in tack. Members spoke about the possibility of putting a cell tower on the "old Moore" property; problems with this area are it is more densely populated and has power lines running through it. Phil Markert felt the cell tower range was about 3 1/2 miles, there would still be gaps in coverage. Mr. Markert asked if Verizon gave any "Master Plan" for their cell tower locations. Ms. Payne answered that they were not forthcoming with long range plan.

Historical District in Marble Dale: Rick Distel handed out a short "Resident Survey" which was designed to gauge interest in creating a Historical District in Marble Dale. Rick will send the survey to individuals, if he receives positive feedback he will move forward. Charles LaMuniere felt that people should know the limitation/restrictions for a Historical District. Members suggested a few revisions to the survey; Rick will make a few changes to the survey and then send it out.

Susan Payne spoke about new legislation that allows towns the option to abate property taxes for Land Trusts; the towns would have to adopt this through an ordinance.

Charles LaMuniere is concerned with state regulation changes that decrease wetlands protection and limit Wetland Enforcement Officers access to properties.

Ridgeline Protection: Susan Payne referred members to the Town of Kent website for information on ridgeline protection and the village district. Joann Caldara noted that the Town of Salisbury has good examples also.

Rick Distel left at 5:05pm.

"Old Moore" property on Route 2002: Susan Payne felt that the Selectmen wanted a "flag bearer" to move forward on this property; both Open Space and Housing were not interested. The parcel might be good for preservation but development of the site would be expensive. Charles LaMuniere would be interested in what information Betsy Corrigan has on the flora, fauna and habitat for the parcel.

Susan Payne would like members to familiarize themselves with Zoning, Planning and Inland Wetland regulations, so that any changes that might be suggested are compatible to existing regulations. Joann Caldara felt that communication between commissions would make the goals the same. Charles LaMuniere added that some of the Land Use commission regulations have state mandates.

Charles LaMuniere left at 5:30pm.

Phil Markert felt that the current regulations may not address today's issues. Mr. Markert suggested asking an expert to help out with proposed changes. Patte Doran felt that having the chairs of the commissions meet would help also. Phil Markert felt that the commissions follow the regulations, deal with the regulations and are not looking into changes.

Members decided to cancel the August 9th meeting and will meet again on September 13, 2007 at 4:00pm.

Adjourned at 5:45pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: July 19, 2007

July 11, 2007

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

Guests: Mark Picton, Paul Szymanski

Chairperson Susan Payne called the meeting to order at 5:05PM.

Motion: Approval of the minutes from the June 6, 2007 meeting of the Washington Conservation Commission. Linda Frank made a motion to approve the minutes of the June 6th meeting. Kelly Boling seconded the motion and it passed unanimously.

Conservation Easement discussion with Mark Picton

Mark Picton, Inland Wetlands Chairman, remarked that he has heard a few times from the Conservation Commission that wetlands do not need to be included in Conservation Easements because they are already protected. Mr. Picton brought with him two Notice of Violation reports from the Inland-Wetlands Enforcement Officer. He read these two reports to the Commission to illustrate that having regulations does not automatically protect the wetlands.

Mr. Picton also read a memo from Marguerite Purnell regarding Conservation Easements. One of her comments stated that if a conservation easement could include the wetlands it would be more protective of the wetlands.

The members discussed Ms. Purnell's memo with Mr. Picton. Kelly Boling said that all of the members were in favor of protecting the wetlands. He suggested a meeting with Planning and Inland-Wetlands; stating it would be beneficial if, philosophically and procedurally, the Commissions could all could be on the same page.

Abella Subdivision: Paul Szymanski represented the applicants. He gave the Commission a copy of a letter from Land-Tech asking for certain details to be added to the plan. Land-Tech does not feel there will be any adverse impact on the site.

Susan Payne asked what had changed since the Commission first saw this application. Paul Szymanski explained that a neighbor is concerned about a watercourse eroding on his property and is worried that in the future there may be an activity near the wetlands which might increase this erosion; so the plan is now delineated to show that any natural flow of water will be under a Conservation Easement.

Paul Szymanski noted they are giving 35% of the parcel as open space and in addition are thinking about adding a 50ft buffer. The members discussed the buffer area and decided a motion should be made in support of the buffer.

MOTION: To recommend that the conservation easement boundary, as proposed by Paul Szymanski, be accepted to satisfy the open space set-aside requirement of the Abella 3-Lot Subdivision, 44 Scofield Hill Road, with the proviso that a 50ft strip on the western boundary along lots 2 and 3 be included in the open space area. By Kelly Boling, seconded by Phillip Markert and passed unanimously.

George Mack property, 41 Buffum Road: Paul Szymanski discussed this application with the Commission. He explained that originally, Mr. Mack was to receive this property for 'no consideration'. Now, he is receiving the property 'for consideration'; so open space will be required. The open space they are proposing is a 200 to 400ft area along Buffum Road, so nothing can be built there. The open space area would also include the white pine grove. Susan Payne asked how many acres would be included in the open space area. 2.76 acres. After some discussion, she asked the members if they were agreeable to this open space proposal. They were.

MOTION: To accept the proposed open space set-aside for the Brown Subdivision, 41 Buffum Road, of 2.76 acres(+/-) which includes white pines and buffers scenic Buffum Road. By Linda Frank, seconded by Susan Payne and passed unanimously.

Young Elliott's Farm, 110 Calhoun Street: Susan Payne noted this was approved by Planning. They will be able to put an orchard in the upland swale because historically there was an orchard in that spot. A final easement map is still needed.

Aragi, Woodridge Estates, 9 Wilbur Road: The members discussed the plans which show proposed open space along Birch Hill Run. Linda Frank said this property had been offered to the Steep Rock Land Trust at one time, but it was declined. Kelly Boling recommended the Conservation Commission should ask that the open space set-aside area include the 50ft structure set-back area along the western boundary of Lot 8, as delineated on the Woodridge Estates subdivision map by CJOJ LLC, dated June 25, 2007; with the concensus of all the other commissioners.

David Thompson proposal to plant trees in upland review areas: The members agreed Mr. Thompson has a good idea but since the property in question is privately owned, they feel the best plan is for him to speak with the property owners. Linda Frank suggested something could be put in the Town Newsletter informing residents where they could go for help with water runoff problems. There are probably brochures available from the Litchfield County Conservation District.

Proposal: The members discussed the importance of the Land Use Commissions working together. Kelly Boling suggested the chairmen of the various commissions could meet, identify the things important to each commission - then find ways to work together. Linda Frank suggested finding out what other towns are doing. Susan Payne said she would speak to the First Selectman about this idea.

Meeting adjourned at 6:35PM.

Next scheduled meeting of the Conservation Commission is August 1, 2007 at 5:00PM.

Submitted subject to approval,

Martha T. Shade, Secretary


Posted: June 26, 2007

June 14, 2007

Open Space Committee

Present: Susan Payne Chairperson, Patte Doran, Rick Distel, Dan Sherr, Diane Dupuis, Chick Treadway, Phil Dutton

Susan Payne, Chairperson called the meeting to order at 5:00pm. Ms. Payne noted that Eileen Hearn resigned from the Open Space Committee. Susan went on to poll members about changing the meeting time to 4:00pm; she will contact other members and make a decision.

Motion: Chick Treadway made a motion to accept the minutes of the May 10, 2007 Open Space Committee as submitted, seconded by Diane Dupuis, passed unanimously.

Cell Tower Update

Diane Dupuis reported that the Cell Tower Subcommittee sent out a "Cell Tower Survey" to postal patrons in town. Ms. Dupuis stated that 263 surveys have been returned to date. A few statistics so far show that 60% are not in favor of blanket coverage, while 40% are in favor of blanket coverage. Also 80% are concerned by aesthetics, while 30% are concerned with health issues. Diane went on to say that people submitted a lot of thoughtful comments and the majority feel the zoning regulations dealing with cell towers should remain on the books. Because of misinformation in the press surveys will be collected until June 20th, Mary Anne Greene, secretary for the First Selectman will put out the sandwich board reflecting this date. Dan Sherr asked about the tallying of feedback from the surveys. Diane said that she will have an overview for the hearings on June 21st. She went on to say that the meeting at 3:00pm is the formal meeting; they will do a balloon test on the 21st as well. Ms. Dupuis said that neighborhood residents are asking people to come to the sites with their cell phones at 2:00pm to show how much service is already available. Diane closed by saying that most people want coverage in town, but she feels they don't understand how many towers would be needed to get coverage in town.

Site Visit (June 9th) former Moore 31+ acre property on Route 202

Several people did a site visit last Saturday, June 9th. For prior information people referred back to minutes of the Conservation/Open Space Comm. in September & October of 2005. Kelly Boling contacted the sellers who are no longer interested in selling at a lower price, selling price is $950,000.00. Betsy Corrigan is working on a summary of conservation values on the parcel; it was suggested to check into the geology of the parcel. Susan Payne stated that First Selectman Dick Sears was at the Conservation Commission meeting last week suggesting they carry the banner for this proposal. Ms. Payne felt the Conservation Commission wasn't interested because it doesn't meet open space criteria and should be driven by the housing aspect. She went on to say that the parcel contains a large wetlands area with debris, power lines and access would be expensive. Dan Sherr asked about using this as a remediation project and members went on to talk about the remediation process after the purchase of the Macricostas Land Preserve. Patte Doran suggested that this Route 202 parcel might be a good habitat for endangered species.

Ridgeline Protection - Review Peaks & Prominences Map

Members reviewed a map that depicted elevations of 800'+ with an overlay of permanently protected open space. Protected areas included Mt. Bushnell, Macricostas Land Preserve, Mt. Tom and Mt. Rat along Romford Road. The Averill and Seymour farms were located; the State of Connecticut has bought the development rights to these farms. Nettleton Hollow Road showed a lot of protection along with River Road. At this time 22.6% of the town is permanently protected, this does not factor in steep grades or wetlands. Susan Payne reminded members of the ridgeline protection through zoning regulation changes that Ric Saunders worked on, should this be revisited? Diane Dupuis suggested gathering information from beyond Washington's boarders. Diane is aware of protected areas bordering Washington in Warren on the Tanner Farm as well as over the boarder in Morris. Susan Payne will contact Dan McGuiness at the Northwestern Council of Governments for information.

Members went on to discuss the Marbledale/Wheaton Road area, Zoning Regulations and the use of Special Permits. Kelly Boling of the Conservation Commission is working on possible Scenic Road Designation for parts of Route 202, which has historical houses and archeological sites. Rick Distel will work on a questionnaire to get a feel for creating a Historical District in Marbledale. Phil Dutton felt that it would appeal to businesses in the area to be in a Historical District.

Review Kelly Boling's Route 202 Enhancement Plan: Members have copies of this document and were reminded to review it.

Susan Payne spoke about a 10 acre parcel on Route 202/Wilbur Road owned by Mr. Pappas as a possible conservation easement to the town. Ms. Payne went on to tell members that when Planning Commission open space set asides are needed the Inland Wetlands Chairman Mark Picton would like to see more wetlands protection. Susan also felt the process for the Town of Washington taking an easement needs to be more defined.

Meeting adjourned at 6:15p.

Next scheduled meeting is July 12, 2007 at 4:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: June 14, 2007

June 6, 2007

Present: Chairperson Susan Payne, Kelly Boling, Linda Frank, Joe Gitterman

Alternates: Elizabeth Corrigan, Diane Dupuis, Dan Sherr

Guests: David Thompson, First Selectman Dick Sears, Chris Charles

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

Alternate Dan Sherr was seated.

Motion: Linda Frank made a motion to accept the minutes from the May 2, 2007 meeting of the Washington Conservation Commission, with the addition: to page 1, under Referrals/Old Moore Property/Washington Partners LLC, 108 New Milford Trpk., add: Kelly Boling informed commission members that he had done consulting work for the owners of this property. Diane Dupuis seconded the motion which passed unanimously.

Referrals or new projects

Susan Payne reported that the Planning Commission approved the Young Elliot's Farm LLC, 110 Calhoun Street, 2-lot subdivision application at their June 5th meeting.

David Thompson introduced himself to the Conservation Commission. Mr. Thompson stated that he was a member of the Inland Wetlands Commission but was not here as a representative of that commission. David began by saying that he wanted to be proactive in looking at a property on 50 Scofield Hill Road; this is a three acre parcel next to the Abella property, he felt that planting trees on this property would help with a water runoff problem in this area. He distributed an aerial photo of 50 Scofield Hill Road and the surrounding area, as well as information on America the Beautiful-A Tree Planting Program, America the Beautiful Foundation Sponsors and information on DEP Landowner Assistance and The Members Project. Mr. Thompson would like to find a way to talk to the owner about perhaps starting a park/planting trees on this property. Linda Frank agreed that there was a history of a water runoff problem in the area. First Selectman Sears noted that there is sheet runoff down to Mygatt Road. Joe Gitterman noted his success with planting hybrid poplars on his property. Susan Payne questioned the appropriateness of contacting the owner. Linda Frank suggested that the neighborhood work together to help with the problem. David Thompson asked if he pursues contact with the owner would the Conservation Commission offer a letter of encouragement. Dick Sears noted that educating the public about these problems would help; it's not just one property but a combination of properties.

Washington Partners LLC, 108 New Milford Trpk., (old Moore property): First Selectman Sears began discussion by stating that the Housing Trust was doing some due diligence on this property. From the audience Chris Charles stated that this was too fine a parcel to let pass by, it could be collaboration between the Housing Trust, Housing Commission, Board of Finance and Conservation Commission. This property is 30+ acres and is on the market for $900,000.00. The consensus was that the parcel could be bought for less than the market price, with a combination of funding from the Open Space Fund, State Small Cities grant, Housing Trust and Housing Commission Fund. Kelly Boling stated that he has worked with the owners of the property on options; Kelly personally feels that this parcel is a strategic parcel that should be bought now, with planning in the future. Mr. Boling went on to say that this is an opportunity next to the village center. Susan Payne mentioned the Conservation Commission's Open Space Committee looking at the Route 202 corridor for preservation.

Betsy Corrigan arrived at 5:40pm.

Mr. Sears is looking for leadership from the Conservation Commission to develop a broad base of support for this parcel. Linda Frank felt that the other choice is someone will come in and develop the site for housing. Joe Gitterman suggested buying an option to hold the property, to allow for time to come up with a plan. Diane Dupuis asked about doing a study of the land. Betsy Corrigan noted that the parcel was in a lime belt and a vegetation survey would be helpful. Members agreed to do a site visit on Saturday June 9th at 9:00am. Kelly Boling will contact the owner about the site visit.

River Front Loop, 16 Titus Road: Dick Sears showed members a survey of the 4.72 acre parcel, explaining that it has taken four plus years to develop the new Town Garage site on Blackville Road. Mr. Sears went on to explain the short term plan to create a meadow and walking loop to the river. Dirk Sabin, landscape architect has done a plan for the area and a new committee has been formed. The proposed trail will be gravel base with stone dust and the meadow will be high grass. They hope to stabilize the banks and artificial berm that already exists. There will be a site walk on Saturday June 9th at 10:00am with the Planning Commission. No vehicle traffic will be allowed, only access for emergency vehicles. There is a public hearing set for the Inland Wetlands Commission for Wednesday June 6th at 6:00pm. Betsy Corrigan added that this would be a good area for migratory bird stop over and asked about removal of invasives. Mr. Sears stated that removal of invasives was part of Mr. Sabin's plan. Mr. Sears stated that he would appreciate support at the Wetlands hearing.

Cell Tower Update: Diane Dupuis stated that a survey had been mailed out to Postal Patrons and 187+ surveys have come back. The consensus is that nobody wants the mono-tree. Ms. Dupuis noted that a new application is coming in for the Northville area.

Abella, 44 Scofield Hill Road, 3-lot subdivision: Members refreshed themselves with the map and access across major waterways. Susan Payne read a letter she received from Inland Wetlands Chairman Mark Picton who was looking for extra protection for the wetlands areas. Members stood by their letter of April 26, 2007. They went on to discuss water runoff and whether our regulations were doing what we want for our town. Joe Gitterman suggested more frequent meetings of the commission chairs to co-ordinate.

Village District Overlay Zone: Members discussed submitting a letter to the Zoning Commission stating support of a Village District Overlay Zone in Marbledale. Dan Sherr feels that there was good support in Marbledale for getting started with a Village District which might include: a Historical District, tree planting, parallel street parking, monument installation etc. Kelly Boling suggested getting neighbors in the Marbledale area involved, perhaps a joint meeting with the Planning Commission. Dan Sherr explained that the Open Space Committee had met in Marbledale with representation from the Historical District and Board of Selectman.

Cultural/Archaeological Resource Regulation:

All members received copies of: Digging In News from the Office of State Archaeology & the Ct Historical Commission, Protecting Archaeological Sites on Private Land by Susan L. Henry and two Local Preservation documents.

Other Business

The Conservation Commission received an email from Joe Mustich regarding hours at the town beach. Members had brief discussion about the email to decide whether it was with in the purview of the Conservation Commission to address the town beach hours.

Meeting adjourned at 7:05pm.

Next scheduled meeting of the Conservation Commission is July 11, 2007 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: May 17, 2007

May 10, 2007

Open Space Committee

Present: Chairperson Susan Payne, Patte Doran, Dan Sherr, Charles LaMuniere, Chick Treadway, Phil Dutton, Diane Dupuis

Motion: to accept the minutes of the April 12, 2007 meeting of the Open Space Committee as submitted was made by Patte Doran, seconded by Charles LaMuniere, passed unanimously.

OS Committee Membership: Chairperson Ms. Payne asked members present for suggestions for active members for the Open Space Committee.

Susan Payne updated members on the two Cell Tower proposals for Route 202. Public Hearings have been set with the Siting Council for June 21st at 3:00pm and 7:00pm.; there will also be a balloon float on this day. Ms. Payne went on to say that the cell tower subcommittee has been reactivated. Diane Dupuis expressed concern that cell tower representatives have stated that to have continuous coverage in the Town of Washington there is a need for cell towers every one to two miles. Ms. Dupuis said the subcommittee is thinking about doing a survey of cell phone users showing their usage and availability of service. Susan Payne noted that coverage is an industry issue, companies don't like roaming, and each company wants their own towers. Chick Treadway asked about the removal of towers when they are no longer used. Diane Dupuis answered that Washington's Zoning Regulations require removal of cell towers.

Report on Tax Abatement: Dan Sherr reports that they have reconstructed the original team of Chick Treadway, Charles LaMuniere, Jack Field and himself. Mr. Sherr went on to say that with the new legislation (Senate Bill No.546/Public Act No. 06-128) they do not have to go through PA-490; it's a much simpler process. They will work on doing a mock up ordinance, with full discussion at the Conservation and Planning Commissions, Board of Finance and Board of Selectman. Dan's goal is for the spring of 2008 and he hopes to have the mock up ordinance at the next Conservation Commission meeting. Patte Doran asked if with the new legislation a municipality can give the easement to a private land trust organization. Dan Sherr answered that it appears that the easement has to stay with the municipality. Mr. Sherr went on to say that the Town could pay a private organization to monitor the easements; he also stated that the new legislation enables the municipality to determine the length of time of the easement. Phil Dutton asked if the size of a parcel was restricted, Dan answered that it doesn't appear to restrict easement size. Susan Payne reminded members that the key was permanent preservation.

Parcel Evaluation: Members looked over maps entitled Peaks and Prominences, Scenic Areas and Vistas, as well as a map showing ridgelines. Charles LaMuniere noted that land with a grade of 25% or higher can not be built on, Charles went on to say that there is an erosion of wetlands and watercourse protection and he feels they need protecting through easements.

There was a limited discussion about the mapping and Arc View capabilities for Land Use. Dan Sherr and Phil Dutton will look into what is here and what is available.

It was decided that members should concentrate and study the Route 2020 corridor. A parcel on Route 202 (formally owned by Owen Moore) is on the market again. It is a 31+ acre parcel with potential for preservation and housing. Susan Payne encouraged members to take a drive on Route 202 and identify parcels. Susan went on to say that Kelly Boling, a member of the Conservation Commission is drafting a document entitled Route 202 Corridor Enhancement. Phil Dutton asked about money available through land conveyance, Chick Treadway stated that this legislation is dead at the state level.

Meeting adjourned at 6:25pm.

Next scheduled meeting of the Open Space Committee is June 14, 2007 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: May 5, 2007

May 2, 2007

Present: Chairperson Susan Payne, Kelly Boling, Phillip Markert

Alternate: Diane Dupuis

Susan Payne, Chairperson called the meeting to order at 5:05pm.

No alternates were seated.

Motion: Kelly Boiling made a motion to accept the minutes of the April 4, 2007 meeting of the Washington Conservation Commission as submitted, Susan Payne seconded the motion which passed unanimously.

Members discussed inland wetlands regulations and the enforcement of them.

Referrals

Young Elliot's Farm LLC, 110 Calhoun Street, 2-lot subdivision: This subdivision application was continued at last night's Planning Commission meeting. Kelly Boling mentioned that David Miles Esq., Town Attorney, submitted a letter expressing concerns with the Conservation Easement.

Abdella, 44 Scofield Road, 3-lot subdivision: Susan Payne went on the site walk of this property. The Conservation Commission submitted a letter to the Planning Commission and Inland Wetland Commission dated April 26, 2007. Members looked over the proposed set aside areas on the map and went on to discuss upland review area and overall regulation control.

Brown/Carroll, 41 Buffum Road, 2-lot subdivision: This application was approved at last night's Planning Commission meeting.

Old Moore Property/Washington Partners LLC, 1o8 New Milford Trpk.,: This property was at the Planning Commission meeting for preliminary discussion last night. Ms. Payne stated that this 30+ acre parcel has been discussed at the Open Space Committee and has the potential for both open space preservation and housing development.

Diane Dupuis arrived at 5:30pm and was seated as an alternate.

Discussion went back to the Conservation Commission's opposition to wetlands being included in subdivision set asides, members felt that some discussion should take place between commission members or chairs so everyone can come together on this topic.

Subcommittee Reports

Cell Tower Update: Diane Dupuis stated that they are waiting on the Board of Selectmen to decide on what action they will take. Members discussed several topics associated with the cell tower issue such as RF ratings and existing coverage. Kelly Boling asked if it would be helpful to have letters from people who live in town and have cell tower service. Ms. Dupuis felt that having these documents on file was good for the record. Susan Payne will check with the Selectmen's office about the best way for letters to be submitted.

Susan Payne stated that Dan Sherr is regrouping on the tax abatement topic, he has reviewed the new legislation Senate Bill No. 546/PA-06-128.

Land Use Data Management: Kelly Boling informed members that there is WiFi in the Town Hall but it is password protected.

Open Space Committee: The Open Space committee is looking at the Route 202 corridor. Susan Payne noted that Danielle Baechle has gathered two binders of information about the history of Marbledale. Kelly Boling felt that looking into a Village District for the Marbledale area would be easier to implement than a Historical District. Susan Payne will put this on the agenda for June.

Scenic Road: Diane Dupuis asked about the designation of Route 202 as a State Scenic Road. Diane felt that it would be a plus to have homes listed with the National Registry of Historic Places; there are several "Whittlesey Houses" in the area.

Greenway: Susan Payne stated that they will meet next Monday May 7th @ 4:00pm at New Preston Falls. Ms. Payne hopes that Ray Underwood with Village Improvement will meet them; members are looking to clean up invasives and remove dead trees. A River Front Loop Committee has been established, to work on the "Old Town Garage Site" and did a walk about. Greenway members were a bit concerned about the elaborate plan for the wide walking path and are more concerned about getting the area cleaned up, graded and seeded to meadow. Kelly Boling commented that plans need to be well thought through, this area is an area in the town center and needs a good long term plan.

Rural Roadscape Zone Regulations: Kelly Boling informed members that this proposal is dead; the Zoning Commission doesn't want to proceed with it.

Phil Markert asked if the town's regulations are doing what we want, do they address our concerns?

Members went on to discuss communication between land use commissions. The subject of the Commission Chairs meeting came up as a way to tackle issues together. Also looking at the Plan of Conservation and Development to see what is working and what has been implemented.

Kelly Boling inquired about the "plan" to preserve and enhance the Route 202 corridor including scenic, parking, trees, pedestrian traffic, Greenways, conservation etc. Kelly will resend members his draft of the Route 202 Corridor Enhancement.

Diane Dupuis spoke about the conservation of buffer zones around wetlands, such as not planting and mowing grass to the edges of ponds which may contain threatened species; etc. She would like to draft a document addressing this concern.

Susan Payne reminded members of ongoing meeting about the school issue. Ms. Payne went on to talk about the "Mundey" site for a proposed consolidated school and the environmental impacts. Members had a brief discussion but felt that they should defer to Roxbury as it's in their town.

Meeting adjourned at 6:35pm.

Next scheduled meeting of the Conservation Commission is June 6, 2007 @ 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: April 20, 2007

April 12, 2007

Open Space Committee

Present: Susan Payne Chairperson, Patte Doran, Rick Distel, Dan Sherr, Dirk Sabin, Charles LaMuniere

Guests: Michael Brodie

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

Motion: to accept the minutes from the March 8, 2007 meeting of the Open Space Committee with the following amendments: under Report on Tax Abatement, line eight replace tacks with tracks; line ten and eleven delete the sentence Other comments .... services decrease. Replace with It's important to remember that land under conservation easement in the Town of Washington remains on the tax roles, at their full value, while 490 lands does have a decreased value. Town services should decrease. At present tax abatement for easements is only seen at the federal level in the Town of Washington. Under Report on PA 490 Eligibility Requirements, replace the sentence with the following: In checking with the Assessor Patte Doran found that putting an easement on PA 490 land does not interfere with retaining the tax advantage for PA 490. In discussing the new PA 128 information provided by Dan Sherr the impact is unknown, was made by Patte Doran, seconded by Charles LaMuniere, passed unanimously.

Cell Tower Update: Susan Payne reported that Verizon's application for the proposed sites on Route 202 has been filed with the Siting Council and been given docket #332. Ms. Payne went on to say that at the March Zoning Commission meeting they decided to leave the regulations for Telecommunications Antennae, Towers and Facilities as is for now. Susan also reported that the Board of Selectmen has filed intervener status in connection with the cell tower applications; it has been recommended that the Board of Selectmen hire a RF engineer and attorney. The next step in this process is waiting for the Siting Council to set up a hearing date and new balloon test in the Town of Washington.

Procedures: Patte Doran circulated a hand out with a procedure proposal, which Susan Payne felt was a great idea. Ms. Doran felt that the Open Space Committee could do the homework for these proposals and then pass it on to the appropriate commission. In regards to ridgeline protection Ms. Payne told members of the work done by Linda Frank a member of the Conservation Commission which was adopted by the Zoning Commission that dealt with the method of measuring maximum and mean height. Members went on to discuss ridgeline protection, Charles LaMuniere spoke about protection through town ordinance, Dirk Sabin noted that state legislation allows regulating but not prohibition of ridgeline development through the Zoning Commission. Rick Distel felt it was important to identify specific areas. Patte was in agreement start with a specific area. Dan Sherr suggested looking at Kent's new regulations and the state regulations. Dirk Sabin suggested looking over the Peaks and Prominences and Scenic Areas and Vistas maps of the Natural Resource Inventory Report. At the May meeting members will review these maps.

Susan Payne began discussion on Route 202 property formerly owned by Owen Moore, which is back on the market. The property is a total of 31 acres with 5-8 acres available for affordable housing (Washington Community Housing Trust would have ownership of these units) and the rest could be protected as open space.

Secondly Ms. Payne spoke about the Larsen Farm located on Lake Waramaug which is 107 acres. Her understanding is that this property will be divided the house and barns from the upper acreage, the upper acreage being 70+acres. Susan wanted a sense from members if funds should be used on one or both of these properties. Charles LaMuniere felt the focus should be on the Route 202 property, it's a smaller parcel and highly visible. Susan Payne asked about dividing resources between the two properties. Susan felt that perhaps private, state and federal funds would be sought for the Larsen property. Dirk Sabin suggested a clinical look at these properties through the resources in the Natural Resource Inventory Report.

Charles LaMuniere left the meeting at 6:00pm.

Mr. Distel felt the Route 202 property opened up possibilities for the New Preston area; Ms. Doran liked the housing possibilities.

Motion: after consideration the Open Space Committee recommends that the Conservation Commission continue to pursue acquisition of the Route 202 thirty-one acre property in New Preston (formally owned by Owen Moore) was made by Dan Sherr, seconded by Patte Doran passed unanimously.

Susan Payne asked members about the Larsen Farm property, this farm was evaluated by the criteria point system and scored 277, it ranked highly. She asked if the Open Space Committee was willing to donate funds toward its preservation? Dan Sherr asked about funding for this project, Susan thought that at present no funds were yet allocated, members don't want their funds used for due diligence. There was minimal continued discussion.

Motion: the Open Space Committee feels that the Larsen Farm is worthy of preservation and is willing to allocate funds in support of a larger preservation effort was made by Patte Doran, seconded by Rick Distel, passed unanimously.

Meeting adjourned at 6:20pm.

Next scheduled meeting of the Open Space Committee is May 10, 2007 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: April 5, 2007

April 4, 2007

Present: Susan Payne, Kelly Boling, Linda Frank

Alternates: Diane Dupuis

Chairperson, Susan Payne called the meeting to order at 5:00pm seating Diane Dupuis as an alternate.

Motion: Linda Frank made a motion to accept the minutes of the March 7, 2007 meeting of the Washington Conservation Commission as submitted, Kelly Boling seconded the motion which passed unanimously.

Susan Payne stated that the Washington Environmental Council's Earth Day Celebration will be on April 22nd. Betsy Corrigan will be leading an invasive species walk at noon and the Greenway Committee will be doing trail clean up.

Ms. Payne also stated that the Greenway Committee will be meeting next on May 7th at 4:00pm; they will meet at the New Preston Falls. Susan invited any one interested to join them.

Referrals

Young Elliot's Farm LLC, 110 Calhoun Street, 2-lot subdivision; the Conservation Commission submitted a letter dated March 21, 2007 to the Planning Commission which included recommendations on the conservation easement document, addressing the issue of using wetlands as set-aside and recommendations for alternate set-aside area.

Mr. & Mrs. Luis Abella, 44 Scofield Road, 3-lot subdivision; members looked over maps showing the proposed 3-lot subdivision with proposed conservation easement areas, there is an existing house on the property, two new lots are being added (Lot #1 is 5.48 acres, Lot #2 is 5.24 acres and Lot #3 is 8.58 acres). Members maintain their opinion that wetlands should not be included as set-aside because they are already protected. After looking over the maps members were in agreement that a fee-in-lieu of open space be suggested. Members talked about the possible view shed impacts as seen from the hillside up from the East Aspetuck River off of Route 202. Members also discussed the importance of clearly defining the wetland setbacks and sensitivity be taken to tree removal/clear cutting, so as not to create runoff for neighboring properties.

Subcommittee Reports

Cell Tower Update: Verizon application for two proposed sites on Route 202: Diane Dupuis reports that they are waiting to see what action the Board of Selectman will take, they are filing for intervener status. Susan Payne attended the March Zoning Commission meeting, at which the agenda included revisions to the Telecommunications Antennae, Towers and Facilities regulations. At the meeting the Zoning Commission decided to keep the regulations as is for now until the Verizon applications are through. Kelly Boling stated that pursuing Scenic Road designation for the Route 202 corridor should become a top priority. Diane Dupuis felt that the commission should hold off on submitting a letter about the proposed cell towers until the Board of Selectman decides what course of action they will take.

Members went on to discuss State Scenic Road designation for Route 202 and were in agreement that it was very important to move ahead with this plan. Susan Payne will talk to Joe Gitterman and Dan Sherr to locate the State Scenic Road application paperwork. The May Conservation meeting will be devoted to this application's review. The commission will notify the Selectman's office about their pursuit of the application.

Management and Monitoring of Town properties: Linda Frank hopes to include photographs/roadscape shots of the easements to be monitored. Some of the Town owned properties such as the Town Hall grounds etc. have been removed from the monitoring process as they are maintained by the town already. The commission is struggling with having baseline documentation when an easement is acquired. Linda has been reviewing documents from Steep Rock Association about their requirements for baseline documentation.

Open Space Committee: will meet on April 12th at 5:00pm.

Scenic Road: addressed above

Flora & Fauna: no report

Land Use Data Management: no activity

Water Resources: no report

Susan Payne had the SLAM proposal for a consolidated school off of Route 199 in Roxbury, which she borrowed from the Superintendent's Office. Members looked at maps, drawings and aerial views, they recognized a lot of wetlands and Susan Payne stated that the property was bordered by Weantinoge Land Trust and Roxbury Land Trust property. Susan Payne will be doing a site walk and will let members know when if they were interested in joining her.

Meeting adjourned at 6:00pm.

Next scheduled meeting of the Conservation Commission is May 2, 2007 at 5:00pm.

Submitted Subject to approval,

Pamela L. Osborne, Secretary


Posted: March 19, 2007

March 8, 2007

Open Space Committee

Present: Patte Doran, Susan Payne, Chick Treadway, Phil Dutton, Charles LaMuniere

Guests: Dirk Sabin, Rick Distel

Report on Tax Abatement: Information was emailed to Charles, Susan and Pam from Dan Sherr. Dan included copies of PA 06-128 "An act authorizing municipalities to abate taxes on open space land and authorizing floating and overlay zones and flexible zoning districts" and the draft of the Washington Open Space Preservation Ordinance with attachment. Members discussed the feasibility of moving forward with the tax abatement for permanently preserved open space because of other money issues in town such as the boat ramp and school. Phil Dutton disagreed stating that there will always be big tickets items before the town. Charles noted that at a selectmen's meeting opposition was taken to the proposal because it was felt that the proposed tax abatement only benefited people with large tacks of land. Discussion continued Patte Doran spoke about the importance of explaining the concept to the public and the fit with the Town's Plan of Conservation and Development. Other comments included that the town doesn't loose property values increase and municipal services decrease. There is a need for a method and priority for accepting easements. Charles noted that Chick Treadway, Dan Sherr and Jack Field have all the information they worked on which is being shared.

Report on PA 490 Eligibility Requirements: Patte Doran reported that putting an easement on PA 490 land does not interfere with retaining the tax advantages for the PA 490, but she did note that the new PA-128 information that Dan Sherr made available may impact it.

Motion: Susan Payne made a motion to accept the minutes from the February 8, 2007 meeting of the Open Space Committee with following correction, page 1, under Strategies Summary, line 23, $125,000.00 should be changed to $120,000.00 Charles LaMuniere seconded the motion which passed unanimously.

Open Space: Members referred to Section V of the "Open Space Plan" which talks about Consideration for Future Open Space. Members agreed with Chick Treadway when he suggested adding ridgelines to Open Space Preservation Objectives. When discussing the criteria for parcel evaluation Patte Doran noted that when prior evaluations were done adding the point per acre for size made a difference and consideration should be given to points for village center enhancement. Members felt that producing overlays of protected property for our maps would be helpful. Susan Payne is in hopes that the Greenprint will be beneficial. Members will be refining the criteria for parcel evaluation. Members went on to say that water and water resource protection were critical.

Meeting adjourned at 6:00pm.

Next scheduled meeting of the Open Space Committee is April 12, 2007.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: March 17, 2007

March 7, 2007

Present: Susan Payne, Kelly Boling, Joe Gitterman

Alternate: Diane Dupuis

Guests: Ira Shapiro, Blake Levitt

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

Alternate Diane Dupuis was seated.

Minutes of February 7, 2007: Susan Payne began by adding the following to page 1, under Minutes of January 3, 2007, the last line should read: Development to Conserve Land and Natural Resources." Diane Dupuis added the following to page 1, under Cell Tower Update: line four to read, Route 202. In order to clarify the misconception that one tower on Route 202 would provide coverage to the town Ms. Dupuis did a mock up of locations for five more towers she believes will be, line ten to read towers will be built, they are both in the view shed of Route 202, but they are not in an official municipal historical, line nineteen to read voice objections to the siting of the cell tower in the scenic view shed and suggest other minimums. Susan Payne corrected spelling on page 2, under Allen Aragi-subdivision @ 9 Wilbur Road, line 6 and line 8, replace boarder with border, Kelly Boling added the following to page 3, paragraph three to read Kelly Boling recused himself and left the room at 6:45pm as he felt he had a conflict with the last agenda item because he advised people about the property. Pam Osborne corrected the following on page 3, under Young Elliot's Farm LLC, 110 Calhoun Street, line seven to read, Members felt that they wanted to see the northwest side of parcel A preserved as well as along.

Motion: Joe Gitterman made a motion to accept the minutes as amended from the February 7, 2007 meeting of the Washington Conservation Commission, Kelly Boling seconded the motion which passed unanimously.

Commission Goals for 2007

Route 202 Enhancements: Kelly Boling emailed members a draft of "Route 202 Corridor Enhancements". Susan Payne noted that members should also refer to Section 4 Enhance Village Centers of the 2003 Plan of Conservation and Development for information.

TDR's (Transfer of Development Rights): Susan Payne came across a document that Kelly Boling did in 2002 on Transfer of Development Rights, she will forward it to Kelly.

Municipal Tax Abatement for Conservation Easement: Susan Payne reported that the Open Space Sub Committee will be picking this subject up again.

Conservation or Cluster Development: Information is being collected from neighboring towns about regulations on conservation/cluster development.

At 5:15pm Kelly Boling recused himself and left the room because he has advised people on the property to be discussed next.

Referral: Young Elliot's Farm LLC: The Planning Commission has asked the Conservation Commission to comment on the proposed set aside for Young Elliot's Farm LLC. Members looked at the proposed conservation restrictions for the property. There were two different copies of the proposed restrictions. Because of the discrepancy in having two different documents Susan Payne wanted to be sure that under section B #4 that the wording be "specific native habitat vegetation" and under section B #2 wording changed to include under ground utilities in the right to construct, repair and maintain. Ms. Payne was concerned with section B #3 the right to repair and construct stonewalls and fences, her concern was that the repair and construction be in keeping with the historic nature of the district. Members referred to the maps in locating the proposed easement areas. The Planning Commission has scheduled a public hearing for April 3rd. Ms. Payne noted that the plan is to maintain and renovate the existing barn and farmhouse on a 14.39 acre parcel and a proposed building site which cannot be seen from the road on the 24.83 acre parcel. Diane Dupuis restated the Conservation Commissions opinion not to use wetlands as easement area because the wetlands are already protected. Joe Gitterman questioned section B #7 about the right to cut and remove trees and other forest vegetation. His concern is that it gives them the right to essentially clear cut all trees and vegetation. Ira Shapiro explained that he wanted the right to trim tree branches, he went on to state that he intends to maintain the agricultural aspects of the property. Joe Gitterman stated that he is concerned with future owner's rights and conservation of the land in the future, maintaining the natural habitat. Joe went on to say that conservation means more than restricting building. Susan Payne suggested adding wording to include planned management. Ira Shapiro addressed the issue of restricting the wetlands, by referencing the zoning regulations and the increased amount of land that needs to be eased when using wetland soils. Ms. Dupuis restated the view that from a conservation perspective the wetlands are already protected, members were in agreement. Susan Payne will draft a letter with recommendation for the Planning Commission and circulate it to members for feedback it will be ready before the April 3rd Planning Commission meeting.

At 5:55pm Diane Dupuis retrieved Kelly Boling.

Subcommittee Reports

Cell Tower Update: Diane Dupuis introduced Blake Levitt as a hired consultant. Ms. Levitt began by explaining that the Telecommunications Act of 1996 had a provision called Section 704 which removed the communities right to take the environmental effects of radio frequency radiation into consideration. Ms. Levitt stated that this act was to encourage the rapid deployment of wireless technology, six providers have access to rural areas, they have the legal right to build out their system, towns can not discriminate against providers. Blake explained radio frequency radiation and the electro magnetic spectrum. She went on to state that the FCC is not a health agency but have been given the final mandate for public health policies, the standards in place do not take any studies past 1985 into consideration, since 1985 there have been hundreds of studies. Ms. Levitt feels that the present situation does not protect public health at all and stated that people should be worried about the health and environmental effects of cell towers. Blake Levitt stated that the EPA (Environmental Protection Agency) should be putting up standards and doing research but lacks the funding to do so. Ms. Levitt thinks the Zoning Commission should be commenting. She went on to say that the siting council's main objective at present is to build out the cell tower system in the most environmentally friendly way they can; they feel that this is what is best for the state's citizens. Blake went on to explain how the siting council proceeds with applications. Joe Gitterman asked why the problem is different in America than in European countries. Ms. Levitt answered that no other country has anything like Section 704 of the Telecommunications Act which takes away consideration of health and environmental concerns when siting a cell tower. She went on to say that Europe is into the third and fourth generation of wireless build out and are seeing a lot of health effects. Blake went on to reference resolutions from conferences held in Italy and stated that a lot of information is out in Europe about the health concerns. Joe Gitterman asked about relevance of this information to the Conservation meeting. Ms. Levitt answered that there are two cell tower applications on the table in Washington and the Conservation Commission needs to decide what course they are going to take such as oppose, control etc. Mr. Gitterman asked what the Conservation Commission's responsibilities are? Ms. Levitt felt that the siting council would want to here from the commission about view shed and environmental impact. Kelly Boling felt that the Conservation Commission could do one of two things: 1. oppose all cell towers to delay things until a better technology comes forward 2. approve the least awful tower proposal. There was continued discussion on technology in Europe. Susan Payne addressed Mr. Gitterman's question about the Conservation Commission discussing cell towers by stating that the commission has a Cell Tower Subcommittee which has been at work for quite sometime and should pass comment on to the siting council. Ms. Levitt referenced a case presently before the Supreme Court between the siting council and Fallsvillage which addresses concerns about the effects on wildlife; she feels the outcome of this case could empower this commission. Diane Dupuis would like to include a request that the siting council wait for the outcome of the Fallsvillage case to proceed and that the Conservation Commission hire an RF engineer to provide data. Blake feels the town should hire an attorney also. She has also suggested the town create a master plan; decide where they want cell towers. Blake feels the Zoning Commission should be commenting to the siting council as to where these applications fit with the zoning regulations and where they do not, the siting council encourages input from the towns. There was continued discussion and it was decided that Diane Dupuis will draft a letter and circulate it to Conservation Commission members for comments.

Flora & Fauna: Susan Payne reported that Betsy Corrigan will be doing an invasive plants walk for the 2007 Earth Day celebration.

Proposal for Rural Roadscape Zone Regulations: Kelly Boling noted that the Zoning Commission tabled this to next month's meeting.

Other Business

Joe Gitterman asked Susan Payne if they would be having regular Commission Chair meetings. Susan suggested meeting on a regular basis but got no feedback.

Susan Payne informed members that Chris Murphy will be having meetings with Land Trust to address open space and environmental concerns on March 10th and 17th.

Meeting adjourned at 7:15pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: February 15, 2007

February 8, 2007

Open Space Committee

Present: Patte Doran, Charles LaMuniere, Susan Payne, Joann Caldara, Phil Dutton, Diane Dupuis

Susan Payne called the meeting to order at 5:10pm.

Membership

Introduce new: Susan Payne introduced new member Phil Dutton.

Renew commitment for 2007: Pam Osborne will email members to see where interest of membership stands.

Review TPOCD

Chapter 3 "Preserve Rural Character": Members has been asked to review this information for discussion.

Strategies Summary: Susan Payne referred to Chapter 3, page 3-20, section B Open Space, of the 2003 Plan of Conservation & Development. Ms. Payne noted that the following strategies have been accomplished: 1. Establishment of an Open Space Committee, 2. Adopt Conservation's Open Space Plan goal and actions 3.Development of evaluation tools for Town acquisitions based on priorities and criteria, 4. Establishment of an open space fund for Open Space and Land Acquisition. To be done is: 5. Prepare, implement and regularly update open space action plan. Susan had at hand a map with all permanently protected open space for the Town of Washington which she calculated was up to 24% as of December 2006. She went on to state that publishing a report on the status of permanently preserved open space either in the Annual Report or Town Newsletter would be a good idea.

Patte Doran questioned if the requirements for PA-490 have become more stringent and if there was a possibility of losing land which is now in PA-490 status. Phil Dutton answered that he believes it is still feasible for the tax advantage to seek PA-490 status for farm and forest land.

Members began discussing tax abatement for permanently preserved open space, Chick Treadway and Dan Sherr worked on this last year. Charles LaMuniere recalled discussion at a Selectman's meeting and there being opposition because it favors property owners with large parcels of land. Patte Doran asked if a property owner puts a conservation easement on their land, does that land have to come off of PA-490 status. Patte will investigate in the Assessors office. Mr. LaMuniere added that you would have to allow people who already have permanent easements on their property the tax benefit, which when figured would amount to $125,000.00 in tax abatement. There was discussion on the management/monitoring of the Town owned easements. Susan Payne noted that the Conservation Commission monitors the Towns easements and set asides at the present time. Private land trusts such as Steep Rock and Weantinoge have monitoring programs in place as well for their own properties. Patte Doran felt that development of criteria was important, but also noted that small pieces could be important too. Susan Payne agreed that criteria was a good idea but you would need to look at parcels on a case by case basis. Phil Dutton inquired about what the monitoring duties were. Mr. LaMuniere answered that you look for clear cutting, dumping etc. it differs with each easement, usually the goal is to preserve the characteristic of the parcel.

Set Goals for 2007: Members discussed several goals for 2007 which included revisiting tax abatement for permanently preserved open space, published report on open space protection and investigating available parcels for open space preservation. Patte Doran felt that the Open Space Committee could do the leg work for possible open space parcels, such as rating and criteria. This was done several years ago on parcels of 25+ acres in Washington. Members discussed the problem of not identifying parcels by owners name and the sensitivity that needs to be maintained when investigating properties. Two properties that are on the market, that members discussed were the Larsen Farm on West Shore Road (which is 110+ acres) and the property on the northern end of Macricostas Preserve.

Members went on to talk about the Marbledale area and the need for preservation of green space. Reference was made to the center of Kent's "village zone" and the possibility of having a limitation on road widening (of Route 202), do some tree planting and preservation of historical structures to enhance the Marbledale area and perhaps encourage a more thriving business district.

There was continued discussion on open space preservation to conserve/control natural resources, bridging corridors of open space and preservation of river corridors.

At the next meeting members will target properties and evaluate their potential, discuss the Open Space Fund's funding, Charles LaMuniere will contact Dan Sherr and Chick Treadway about tax abatement, Susan Payne will work on an article for the Town's newsletter about permanently preserved open space in Washington and Patte Doran will check on the question about easements and PA-490 land.

Meeting adjourned at 6:30pm.

Next scheduled meeting of the Open Space Committee is March 8, 2007 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: February 9, 2007
Corrected: February 22, 2007

February 7, 2007

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

Alternate: Diane Dupuis

Guests: First Selectman Richard Sears, Allen Aragi

Chairperson, Susan Payne called the meeting to order at 5:05pm.

Alternate Diane Dupuis was seated.

Minutes of January 3, 2007: Susan Payne made the following corrections to the minutes of the January 3, 2007 meeting: All on page 3; under Cell Tower Update, line four should read: are removing them. Mr. Sears went on to say that the Town of Washington keeps, line six should read: phone at the Bee Brook Firehouse and a courtesy phone in the Town Hall, under Other Business, line one should read: Susan Payne submitted an article entitled "Using Limited Development to Conserve.

Motion: Linda Frank made a motion to accept the minutes as corrected from the January 3, 2007 meeting of the Washington Conservation Commission, Diane Dupuis seconded the motion which carried 4-0 with Kelly Boling abstaining.

Subcommittee Reports

Land Use Data Management: no report

Greenway: Susan Payne reported that she has contacted Dirk Sabin who is willing to work on the River Front Walk (old Town Garage site); Susan went on to say that Bob Williams and Elisha Dyer will be involved also.

Cell Tower Update: Diane Dupuis distributed two maps which located the two proposals for cell tower locations in the New Preston/Marbledale area along the Route 202 corridor. The two proposed sites are the Underwood property on Mountain Road and the Waldron property on Route 202. Ms. Dupuis did a mock up of locations for five more towers she believes will be needed to have coverage in the Washington area. These locations were in three mile radiuses of each other (cell tower locations included existing, proposed and new), which Diane felt was what is needed for Washington coverage due to the terrain, she added that there would still be pockets without service, seamless service is not possible in Washington. Joe Gitterman questioned the three mile radius. Ms. Dupuis stated that she believes that only one of the two proposed cell towers will be built, they are both in the view shed of Route 202, but they are not in a historical district, nor are there any critical habitats in either location. Kelly Boling felt that the best thing to do is proactively promote the best site. Diane Dupuis felt that it was important to protect the public, keeping the proposed cell tower 1500' away from people. Kelly Boling questioned whether members felt that there was a conflict of interest for Joe Gitterman and himself because of their affiliation with the Myfield Project. Members felt that there was no conflict. On March 5, 2007 at 7:30pm there will be an informational meeting about the proposed cell towers, Susan Payne encouraged participation by Conservation Commission members. It was decided that Diane Dupuis will draft a letter to the Siting Council after the March 5th meeting which will voice objects to the siting of the cell tower in the scenic view shed and suggest some minimums such as driveway width and land clearing if a site must be chosen.

Allen Aragi-subdivision @9 Wilbur Road: Mr. Aragi owns the 36+ acre parcel at 9 Wilbur Road which was the Glantz property. He is proposing an 8 lot subdivision which includes an existing house. Mr. Aragi is meeting informally with the commissions (Inland Wetlands, Zoning, Planning and Conservation) to get feedback before he submits his subdivision application. The Conservation Commission would make recommendations on the open space set-aside. Mr. Aragi showed members the proposed open space set aside located in a buffer strip along the boarder to Birch Hill Run, a circle of green at the end of the roadway and significant open space on the rear of the property. He went on to say that the strip of open space along the boarder to Birch Hill Run would be removed on the Planning Commissions recommendation. Kelly Boling noted that the circle of green at the end of the roadway wouldn't be acceptable. Members felt that they would like to see protection along the Route 202 side of the property, to protect the town's rural character. Joe Gitterman stated that the proposed set aside at the rear of the property would be landlocked and of no value to the public. The subject of sharing the existing roadway with Birch Hill Run as access was asked of Mr. Aragi, he answered that the owner is not interested. Members asked Dick Sears, First Selectman about this becoming a town road. Mr. Sears stated that Janet Hill and he were going to get together to research the history of Birch Hill Run subdivision. Allen Aragi went on to say that he is open to a Conservation/Cluster development; he wants to work with the town commissions. Mr. Aragi confirmed that there were no slopes over 25% and all soil testing has been done, he has owned the land for over two years. He will be doing the building and expects the homes to sell for between $800,000.00 and $1,400,000.00. Members thanked Mr. Aragi for sharing his proposal. Susan Payne encouraged members to do a site visit; the commission will now wait for the official subdivision plan to be referred to them by the Planning Commission.

Members had a brief conversation about the protection of the Route 202 corridor with the imminent growth going on around Washington.

Subcommittee Reports Continued

Scenic Roads: At Mondays Planning Commission meeting Couch Road was designated scenic.

Management and Monitoring of Town properties: Linda Frank asked Dick Sears if the town owned properties such as the Town Hall, Firehouse etc. needed to be monitored by the Conservation Commission as they are taken care of by the towns Building and Properties Committee. Mr. Sears agreed that it was not necessary to continue monitoring of these properties. Susan Payne asked about the town's properties without structures such as New Preston Falls etc. if the Conservation Commission could make recommendations for improvements to these properties. Dick felt that recommendations for public/recreational use would be a good idea.

Conservation Goals for 2007: Susan Payne wanted suggestions for 2007 priorities. Linda Frank referenced the growing Open Space Fund and felt that perhaps identifying properties for preservation. Kelly Boling explained the idea of the transfer of development rights which preserves land while creating more densely developed village centers. The idea of cluster/conservation development was raised. Members went on to discuss looking at the Route 202 corridor for preservation, a Route 202 enhancement program in the vicinity of the Macricostas Land Preserve into the centers of New Preston and Marbledale. Marbledale has great potential for preservation enhancing pedestrian traffic, perhaps sidewalks and using traffic calming measures. Kelly Boling mentioned a tree planting program and there was talk about State Scenic Road designation. Kelly will work on an outline.

Dick Sears left at 6:15pm.

Joe Gitterman spoke about the lack of tax incentives on the town level for open space preservation. Kelly Boling stated that some people feel open space tax incentives discourage farming. Mr. Gitterman is talking about tax abatement for permanent preservation, Susan stated that this is a subject that could be revisited, Dan Sherr did a lot of work on the subject last year with the Open Space Committee. Joe stated that there needs to be support at the Selectmen's level as well as coordination within the commissions. Susan Payne noted that there is an upcoming meeting of the commission Chairs.

Proposal for Rural Roadscape Zone Regulations: Kelly Boling stated that Zoning will be discussing this at their next meeting.

Kelly Boling excused himself at 6:45pm as he felt a conflict with the last agenda item.

Young Elliot's Farm LLC, 110 Calhoun Street - 2-lot subdivision: Parcel A is 14.39 acres with a proposed 5.03 acre conservation easement on the northeast side of the parcel. Parcel B is 24.83 acres with a 6.38 acre proposed set aside on the south and west side of the parcel. Parcel A has an existing house and barn that will be renovated. Parcel B is proposed to have a 5 bedroom house. A 2.84 acre parcel that boarders the Shepaug River was conveyed to Steep Rock Association by the prior owner. Conservation members discussed the proposed set asides. Members felt that the wanted to see the northwest side of parcel A preserved as well as along Calhoun Street. They also wanted to restate that they do not want wetlands, which they feel are already protected, preserved as open space set aside. The Planning Commission will be doing a site walk on February 24th, Conservation Commission members were encouraged to go on that site walk. Susan Payne will draft a letter which she will circulate to members.

Susan Payne circulated copies of "The Habitat" from Spring 2005 a article entitled The Conservation Commission: Your Town's Key to Natural Resource Protection. Pam Osborne will send copies to absent members.

Motion: to adjourn was made by Linda Frank at 6:45pm, seconded by Diane Dupuis, passed unanimously.

Next scheduled meeting of the Conservation Commission is March 7, 2007 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Posted: January 12, 2007

January 3, 2007

Present: Susan Payne, Linda Frank

Alternates: Betsy Corrigan, Dan Sherr

Guests: Bill Fairbairn, Linda Heslin, Ken Cornet, public & press

Susan Payne Chairperson called the meeting to order at 5:10pm.

Alternate Dan Sherr was seated.

Motion: Linda Frank made a motion to accept the minutes of the December 6, 2006 meeting of the Washington Conservation Commission with the following corrections: on page 3, under Other Business, the second and third lines should read: Ms. Payne also noted that she read in a Gunnery mailing, a proposal for two new athletic fields and three family residences for the South Street property. As of yet no environmental class room has been built., Dan Sherr seconded the motion which passed unanimously.

Motion: Dan Sherr made a motion to elect Susan Payne Chairperson of the Washington Conservation Commission, Linda Frank seconded the motion, which passed unanimously.

Motion: Susan Payne made a motion to elect Kelly Boling Vice-Chairman of the Conservation Commission, Dan Sherr seconded the motion which passed unanimously.

Referrals or new projects

Former Glantz Property/Route 202: no one present to have discussion

Pappas Offer/159 Litchfield Turnpike: Susan Payne began by saying that this property is located opposite Rabbit Hill Road on Route 202, in 1987 Zoning approved a 48 unit development, which was challenged in court and the project never happened. In a letter dated November 11, 2006 Susan informed the First Selectman about this property which is 45 acres for $1,500,000.00. Ms. Payne went on to say that it behooves the Town to look at other properties that are available. Susan Payne and Chick Treadway met with Mr. Pappas and visited the site, she sees the possibilities for affordable housing and open space with public access. Ms. Payne offered a map of the site and went on to say anyone can investigate further, there is a Zoning file in the Land Use office (the project was titled "Woodland Hills").

Susan Payne had information on another parcel for sale at 292 Bee Brook Road, which is 52 acres for 1, 250,000.00, for further investigation anyone can contact April Crumrine at Sotheby's International Realty.

Ms. Payne also had the following information on houses in Washington: there are (8) houses listed for between $250,000.00 - $350,000.00 and (3) houses have sold for under $350,000.00.

Linda Frank questioned Bill Fairbairn on the moderate income housing, is there a limit on how much profit the owner can make when selling these properties and is there a demand for this type of housing. Mr. Fairbairn answered that there is a limit on profit which is set by the CPI and it is his experience in other towns that when these units become available they go fast.

The last property information that Susan Payne shared with members was a parcel owned by the Kunhardt Trust, 105 acres for $1,675,000.00 on Nettleton Hollow Road.

Ms. Payne went on to say that she feels the Open Space Committee should be looking at these parcels. Dan Sherr asked for clarification of the Open Space Committee's job. Ms. Payne read from the Washington 2003 Plan of Conservation & Development section 3-6 "Open Space Plan Implementation" saying that the following charges have been met: establish permanent Open Space Committee, adopt open space priorities and goals, establish open space funding mechanism, the following need to be done: prepare an Open Space Action Plan to achieve goals and implementation of the Open Space Action Plan.

Potter Farm: Susan Payne reports that this proposition is moving through informational meetings. Ms. Payne stated that at the meeting in Marbledale the decision of the Conservation Commission to not allocate funds from the Open Space Fund was omitted from the meeting. Susan presented a map given to her by Bill Fairbairn showing fixed building lots on the Potter Farm Proposal. Betsy Corrigan expressed concern with preserving the biodiversity and felt there is a need to look into the value of what exists on the property. Mr. Fairbairn spoke about the idea of "cluster housing" noting that there was sensitivity with the neighbors and went on to say that development is a reality, this is a chance for the Town to control development.

Boat Launch: Dan Sherr distributed a two page informational document about his findings on the Heritage Lake Act in response to concerns raised at last months meeting by Valerie Andersen. Mr. Sherr began by stating that the Connecticut Department of Environmental Protection (DEP) owns the lakes and waterways of Connecticut and they are mandated to provide public access to them. Dan went on to say that the Heritage Lake Program was enacted by PA 99-135 in 1999 and that Lake Waramaug became the first Heritage Lake in September of 2000. The Heritage Lake Act provides for environmental protect of the lake, public boating access and fair representation for multiply communities bordering the lake. Dan's closing statement was: In short, the Heritage Lake Act appears to have worked well in delivering its intended purpose of "environmental preservation" for Lake Waramaug. Pam Osborne, secretary will forward a copy of Dan's document to Valerie Andersen. Linda Heslin, a resident of New Preston asked about limiting the horse power of boats on the lake. Linda Frank addressed this question by saying that there are three towns on the lake and it is a long process to get limitations passed, this is not a popular or easy process. Linda went on to say that most of the problems on the lake are not caused by boaters, but are the invasive weed problem. Ken Cornet asked why the state won't inspect boats and went on to ask about a plan by the DEP to buy and install a boat ramp in 1997 on the "old casino property". Mr. Cornet also expressed concerns for the future of the town beach. Linda Frank stated that the State of Connecticut is slow to protect its lakes. Susan Payne reminded those present that the Conservation Commission's role is advisory and that the boat launch application will be heard at the January 22nd Zoning Commission meeting. The boat launch application has received approval from the Inland Wetlands Commission.

Subcommittee Reports

Land Use Data Management: Dan Sherr stated that Kelly Boling and he will define the needs and report back.

Cell Tower Update: There is no new information on the proposed towers in New Preston on the Underwood or Waldron properties. Susan Payne asked about the removal of pay phones from the town. First Selectman Dick Sears stated that the phone companies are removing them. Mr. Sears went on to say that the Town of Washington has keep phones in the Depot Plaza, the pavilion at Washington Primary School, an emergency phone at the Bee Brook Firehouse and a cutesy phone in the Town Hall.

Greenway: An A-2 survey is being done on the Riverfront property "old town garage site". Susan Payne stated that her Greenway Committee would like to be involved in this project, she would like to keep the walking trail as a link from Hidden Valley to Steep Rock.

Management and Monitoring: Linda Frank reports that monitoring is almost complete.

Open Space Committee: Dan Sherr expects to meet on January 17th, items on the agenda will include an action plan and looking at properties.

Scenic Road: Susan Payne believes Couch Road is coming up for Scenic designation.

Other Business

Susan Payne submitted and article entitled "Using Limited Development to Conserve Land and Natural Resources" to the file.

Motion: Linda Frank made a motion to adjourn at 6:10pm; Dan Sherr seconded the motion which passed unanimously.

Next scheduled meeting of the Conservation Commission is February 7, 2007 at 5:00pm.

Submitted subject to approval,

Pamela L. Osborne, Secretary


Meetings in 2006