The Town of Washington, Connecticut
Minutes: Conservation Commission
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www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Conservation Commission |
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Posted: December 21, 2008 December 10, 2008
5:00 p.m.
Members Present: Susan Payne, Linda Frank, Phil Markert, Kelly Boling, Joe Gitterman, Ric Sonders, Alt.
Guests: Holly Reger, Bart Clark, Engineer, Bruce Carusillo, Chris Charles,
Staff Present: Shelley White
Susan Payne called the meeting to order at 4:58 p.m. and seated members Kelly Boling, Linda Frank, Phil Markert, Joe Gitterman, and herself.
Consideration of the Minutes:
The November 5, 2008 Regular Meeting Minutes were accepted with the following amendments:
Motion: to accept the November 5, 2008 Regular Meeting Minutes of the Conservation Commission as corrected, by Kelly Boling, seconded by Joe Gitterman, passed by 5-0 vote.
Page Line Should Read: 1 Under Guests: Carrie Carson should be Carrie Larson that she did not have with her 2 26 DELETE: Diane Dupuis stated that she has an amended propagation map 3 12 …great deal of scientific data that show the health issues due to cell phone use and cell… 3 41 Ms. Payne stated that the Commission would want any rights to be reviewed by the Commission. 5 12 …Thompson called her and told her that DEP has an Invasive Plants Program… 5 22 …program on November 29, 2008 on transfer development rights Referrals or New Projects:
Holly Reger/65 Gunn Hill Road/ 2 Lot Resubdivision/Open Space Easement.
Ms. Payne stated the Conservation Commission is an advisory Commission. Mr. Bart Clark, Engineer was present for his client, Ms. Reger. The Commission, Ms. Reger, and Mr. Clark examined and discussed the Site Development Plan for 65 Gunn Hill Road, by Oakwood Environmental Associates Consulting Engineers, Warren, CT, dated 11/7/08. Mr. Clark stated the Planning Commissioner requested they come to the Conservation Commission to discuss the issue of open space on this property. Mr. Clark stated his client would like to come to an agreement with CC as to where open space could be located on the property. Mr. Clark stated his client would like to preserve some open space as an easement as Gunn Hill is a designated Scenic Road. Mr. Clark indicated the buffer to the neighboring properties on the site plan. Ms. Payne stated she had visited the site and noted the property was steep. Mr. Clark stated his client would like to preserve the ability to designate a portion of this property for another house site. Mr. Clark discussed the soil conditions. Ms. Frank stated it would be nice to preserve the rural character along the road. Mr. Boling expressed the Conservation Commission prefers to see contiguity instead of bits and pieces of land on a property. He suggested a strip of land along the road. The Commission, Ms. Reger and Mr. Clark discussed the locations of the buffers and exceptions for the driveway, septic, & electric that can be written into the easement. Mr. Boling asked if Ms. Reger would be receptive to having the Open Space Easement run along the length of the frontage of the property approximately 100 ft. deep to make up 5-6 acres. All other proposed easements indicated on the site plan do not need to be considered. Ms. Payne stated these exceptions should be included in the language of the easement for negotiations for a future owner of the property. Ms. Payne informed the property owner that it is her responsibility to clearly mark the easement area. All Commissioners were in agreement and Ms. Payne stated they would go over the language when they come to the document stage of the easement process. Ms. Payne volunteered to write a letter to the Planning Commission.5:12 pm:
Ms. Reger & Mr. Clark exit.BEC Holdings, LLC/204 Wykeham Road/2 Lot Subdivision/Conservation Easement
Mr. Bruce Carusillo was present to discuss the easement for this property. The Commissioner discussed the Deed of Conservation Restriction. Mr. Boling asked if there had been changes to the original. Ms. Payne stated she had removed some unnecessary items. Mr. Carusillo and the Commissioners looked over the Property Boundary Survey, titled B.E.C. Holdings, LLC, Wykeham Road And Clark Road, Washington, CT, By Michael Alex, dated October 2008. The Commission looked at the Proposed Site Development Plan/Two Lot Subdivision/Wykeham Road & Clark Road, by Brian Neff, dated 10-7-08. The Commissioners and Mr. Carusillo discussed how the area of easement should be pinned for monitoring purposes.5:20 pm
Motion: To approve BEC Holdings, LLC/204 Wykeham Road/2 Lot Subdivision/Conservation Easement, By Kelly Boling, seconded by Phil Markert, passed by 5-0 vote.5:21 pm:
Kelly Boling recused himself. Ms. Payne seated Ric Sonders.Jonathan Malkin/ Roxbury Road/Conservation Easement.
Chris Charles was present to represent Jonathan and Philippa Malkin. Mr. Charles and the Commissioners looked at the Conservation Easement Map, Prepared for Jonathan Malkin by Arthur H. Howland & Associates and Open Space Equities, LLC. Ms. Payne asked if there was going to be a baseline done. Mr. Charles confirmed there would be one done. Ms. Payne asked what a paddock was use for and if it required a structure and a need for more than one. Mr. Charles stated they were fenced in areas for the horses. Mr. Charles stated the property owners would have to come back to the Conservation Commission for approval of any fencing. Mr. Sonders expressed a concern for the brook within the proposed easement. Commissioners and Mr. Charles discussed at length the language that would be used in the easement to make sure, in the future, the area would be left in it’s natural state. Mr. Gitterman stated the waterway would need to be preserved. Ms. Payne suggested consulting an expert. Mr. Charles asked if a response would be able to be put together before the end of the year. Ms. Payne stated the Commission attempts to process these easement requests in a timely manner.5:46 pm
Motion: to approve Jonathan Malkin/ Roxbury Road/Open Space Easement upon approval of final draft of easement, by Linda Frank, seconded by Phil Markert, passed by 5-0 vote.5:50 pm:
Kelly Boling recused himself. Ms. Payne seated Ric Sonders.Camp Windgauge/Old North Road/Conservation Easement.
Chris Charles presented a site map prepared for Camp Windgauge, by Arthur H. Howland & Associates, dated 12/10/2008. Mr. Charles indicated the location of proposed easement on the site map as well as the proposed driveway (to access a lot in the back of the property) to the Commissioners. He pointed out the change of the driveway location will allow for more frontage of the property. Mr. Markert stated the property was beneficial as it hinders the sub urbanization of areas close to town.5:58 pm
Motion: to approve request of Camp Windgauge/Old North Road/Conservation Easement, by Phil Markert, seconded by Joe Gitterman, passed by 5-0 vote.6:04 pm
Chris Charles exits.6:07 pm
Motion: to go into executive session to discuss a potential parcel for acquisition for Open Space, by Kelly Boling, seconded by Linda Frank, passed by 5-0 vote.6:28 pm
Motion: to come out of executive session and proceed with recommending the purchase of the parcel discussed in executive session, by Linda Frank, seconded by Kelly Boling, passed by 5-0 vote.6:30 pm Linda Frank leaves. Ms. Payne seats Ric Sonders.
Cell Tower Update:
Ms. Payne stated there was a balloon test done on November 20th. She stated the balloons were visible from Sabbaday Lane, Whittlesey Road, Town Line Road, the smaller Pinnacle, Mt. Tom and many other areas. She stated the proposed cell tower on Rabbit Hill Road would have a huge visual impact. Ms. Payne read a summary written by Diane Dupuis. Commissioners discussed other cell towers that have already been installed and the cell phone coverage in Washington. Mr. Boling stated Ms. Dupuis had challenged Optasite representatives that the propagation map presented at the last meeting was the most recent. Ms. Payne offered to find out more and report back to the Conservation Commission.Scenic Road:
Mr. Boling has been in contact with the person in charge of scenic road applications. She informed him a decision would be made within the first quarter of 2009 for the consideration of the Route 202 Scenic Road Designation. Conservation Easement Model:
Mr. Boling stated he has not received any feedback from Planning and maybe the Conservation Commission should go ahead and adopt the proposed easement model. Ms. Payne suggested that they wait a little longer as Planning has been back inundated lately.6:42 pm
Motion: to adjourn by Ms. Payne, by 5-0 vote.SUBMITTED SUBJECT TO APPROVAL,
Respectfully submitted,
Shelley White
Land Use Clerk
Posted: December 12, 2008 November 5, 2008
5:00 p.m.
Members Present: Susan Payne, Linda Frank, Phil Markert, Kelly Boling, Joe Gitterman, Diane Dupuis, Ric Sonders, Phil Dutton
Guests: Chris Charles, Rod Bascon, Engineer, Atty. Carrie Larson, Chuck Regulfuto, Representative for Optasite
Staff Present: Shelley White Susan Payne called the meeting to order at 5:02 p.m. and seated members Kelly Boling, Linda Frank, Phil Markert, Joe Gitterman, and herself.
Consideration of the Minutes:
The October 1, 2008 Regular Meeting Minutes were accepted with the following amendments:
Page Line Should Read: 1 23 …Dupuis attended a Warren Town meeting in which the public’s concerns and questions 2 1 …General’s Office, which will be involved if this does become a test case. Ms. Dupuis… 3 12 …great deal of scientific data that show the health issues due to cell phone use and cell… 3 13-14 Mr. Boling and Ms. Payne said that the public would need to work with the congressional level of government to force the health issue as the consideration of health issues and tower site proposals is prohibited by existing federal legislation. 3 34-35 Ms. Payne stated that Linda Frank had suggested that a native plant be sown and allowed to grow and take over the area. 3 35-36 Mr. Boling noted that it is important to document this communication so that neighbors cannot take the portion of the property they are using by adverse possession. 3 30 Ms. Payne stated it was brought to the Commission’s attention that the neighboring… 4 1-2 Ms. Payne stated it has been suggested that the Town of Washington consider applying for a Whip Grant. Motion:to accept the October 1, 2008 Regular Meeting Minutes of the Conservation Commission as corrected by Kelly Boling, seconded by Linda Frank, passed 5-0.
Ms. Payne stated that she notified the neighbors of the Wettergren Nature Preserve and copied the Board of Selectmen.
Guests Representing Optasite:
Ms. Payne adjusted the agenda so that the representatives of Optasite could present their information to the Conservation Commission concerning the tower site proposal on Rabbit Hill. Atty. Carrie Larson, Rod Bascon, Engineer, and Chuck Ragulfuto were present to represent Optasite. Mr. Bascon presented a site access map, by Clough, Harbor & Associates, Site I.D. – CT.999-0052, Warren, Rabbit Hill Road, Warren, CT 06777. The Commissioners and the Representatives from Optasite discussed the map and the proposed tower site. Mr. Boling asked why the tower was being sited on property that has been preserved with public money. Mr. Boling stated that the proposed site is located in an area where public money was used to purchase development rights. Atty. Larson stated that the property rights were purchased by the State of Connecticut. Mr. Boling asked why the tower isn’t being sited in an area where taxpayer’s money was not used to prevent development. Atty. Larson stated that under the statutes they are permitted to site a tower on ‘property that is subject to the development restrictions that this property is subject to.’ Atty. Larson stated the reason this site was chosen was to take advantage of the topography and the existing vegetation to naturally screen the tower. She told the Commission ‘there are 6 acres of the subject parcel that are not subject to the development restriction, but there is no vegetation and it is further up the hill and more visible’. Ms. Dupuis asked for clarification that the site would not work for Optasite. Atty. Larson stated that was false. Ms. Frank asked whom the service would extend to. Mr. Regulfuto stated it would serve Route 202 and the surrounding area. Atty. Larson suggested the Commission refer to the propagation map. Ms. Dupuis asked if this was the amended propagation map. Ms. Dupuis stated that she has an amended propagation map that she did not have with her. It was noted that the Conservation Commission was not notified that the Optasite representatives would be attending this meeting. Mr.Gitterman asked what kind of coverage would be available if Optasite were to site the tower further up the hill. Mr. Regulfuto stated the RP engineers would have to answer the questions regarding placing the tower higher up on the hill and the type of coverage that would be received. Ms. Dupuis asked the Optasite representatives if they would be submitting to the town if they relocated the site further up the hill. Mr. Regulfuto stated that the alternate site they are considering is within 2500 feet of the Washington Town Line. The Commission and the representatives of Optasite examined the site exhibit map dated 9-22-08, titled Site Location and discussed the possible coverage of the alternate site. Atty. Larson stated that they would present both locations to the Siting Council and do a full visual analysis of the site and if there was going to be visual impact to scenic areas that they would mitigate. Ms. Payne asked if a balloon test has been done. Atty. Larson stated they had. Ms. Payne asked for confirmation that the public was not notified when this was done. Optasite reps confirmed. Ms. Payne stated that the Conservation Commission requests attendance at the balloon test. Mr. Bascon stated that the balloon test that had been done showed that the cell tower at the proposed site would be visible from Route 202 over the tree canopy. Ms. Dupuis stated the Conservation Commission’s concern is that it would be a backdrop of historic homes and a designated scenic road. Atty. Larson stated that before Optasite files with the Siting Council they confer with the State Historic Preservation Office and do an inventory of scenic and historic resources in the area. These resources are documented and the S.H.P.O will not sign off on the project if it is going to have any impact on these resources. Ms. Dupuis asked the representatives if they are going to the Siting Council with these two sites. She asked if more information would be coming to the Conservation Commission regarding these sites. Atty. Larson replied “No, because they already filed their Tech Report for the first siting.” Atty. Larson continued by saying the only reason they are considering the second location is a result of the comments made by the towns that is ‘considered within the curfew of the first technical report we filed’. Mr. Gitterman asked if there was a preference to color. Mr. Regulfuto stated that it is normally brown but they would take preferences into consideration. Conversation continued regarding the least obtrusive color. Ms. Dupuis asked if Optasite had considered a location in the area of the Waterbury Reservoir. Mr. Regulfuto stated they could look into suggested sites but it would depend on coverage for networks. The representatives from Optasite and the Conservation Commission looked at the Topographical Map. Ms. Dupuis stated that AT&T has been receptive to how the towns feel about siting towers. She continued saying there are many factors that go against this site; located near one of the largest aquifers in the area, environmentally protected areas, scenic property, historical houses. Mr. Bascon presented a Two Mile View Shed Map. Mr. Sonders asked if Optasite was concerned with the slope of the access driveway. Mr. Bascon said the maximum slope used for driveways would be 18%. Mr. Sonders stated that his concern is the erosion. Mr. Bascon stated they consider erosion when they are engineering the driveways. Ms. Payne asked for the Optasite Representatives to inform the First Selectman’s Office of when the next balloon test will be done.5:32 pm Optasite Representatives exit.
Referrals or New Projects:
Mr. Chris Charles presented a proposal for a 4.5acre conservation easement on the Malkin property on Route 199. Mr. Boling recused himself. Mr. Charles presented a Conservation Easement Map Prepared for Jonathan Malkin by Open Space Equities LLC. in conjunction with Arthur H. Howland & Associates. Ms. Payne asked what reserve rights the property owners would be interested in. Mr. Charles stated that they might keep horses there. Mr. Markert stated it was critical to have the specifics as to what reserve rights the Malkins have in mind for this easement. Ms. Payne pointed out that the frontage along Route 199 was heavily planted. Mr. Charles is willing to take the Conservation Commission out to the property to walk it. Ms. Payne asked the Commission if there was a general interest among them to bring this to the Town. The Commissioners agreed that it would be beneficial to bring it to the Town. Ms. Payne stated that it would protect water resources, is visible from the road, which is beneficial to the public, and has connectivity to Steep Rock. The Commission and Mr. Charles discussed the nature of the land and topography. Ms. Payne stated that the Commission would want any rights to be reviewed by the Commission. Ms. Frank asked for confirmation that there would only be horses and fences and not any buildings. Mr. Charles stated that is what he understands. Mr. Charles stated he would schedule a site visit for the Conservation Commission. Ms. Payne stated that time is important because there is only one more meeting of the Conservation Commission before the end of the year.5:45 pm Chris Charles exits. Mr. Boling returns.
Ms. Payne presented a request from the Planning Commission asking the Conservation Commission to review and comment on the Reger/65 Gunn Hill Road/2 Lot Resubdivision. The letter from the Planning Commission, dated 10-7-08 states, “The applicant has requested a fee in lieu of open space based on the percentage of the land that would have been required as open space had he elected to preserve some of the property.” Mr. Sonders asked if the Town could accept this fee. The Commission looked at the Zoning Location Survey, Prepared for Holly Reger by Robert L. Hock, dated August 14, 2006. Ms. Reger owns 21.6 acres and the Resubdivision will create a lot of 9 acres. The Commissioners questioned whether or not the Town has to accept a fee in lieu of the open space set aside and whether or not they should. Mr. Boling stated that a strip along the southern portion of lot 2 should be requested for an open space set aside so that if someone were to build on the lot the view shed of the lake would be protected. Mr. Boling suggested that the Conservation Commission recommend to the Planning Commission to reduce the set aside requirement that would protect the view and allow the property owner a little more flexibility. The C.C. agreed that they would accept a 200 foot buffer running along the southern border of lot 2 as an open space set aside.
6:00 pm
Ms. Payne presented another request from the Planning Commission to review and comment on the Subdivision Application Referral from BEC Holdings, LLC./204 Wykeham Road/2 Lot Subdivision. The C.C. examined the Proposed Site Development Plan titled Two-Lot Subdivision, Wykeham Road & Clark Road, Washington, CT, by Brian E. Neff, dated 10-7-08. They also examined the Property /Boundary Survey Subdivision Map prepared for BEC Holding, LLC, revision dated 10-7-08 by Michael T. Alex. Ms. Payne stated that the vernal pools and wetlands are already protected and if they are included in the set aside it would be monitored regularly. Ms. Payne recommends a ‘drive by.’ Mr. Dutton and Mr. Gitterman suggested that the C.C. encourage the property owner make the conservation easement larger. Ms. Payne suggested the C.C. reserve comment until the site inspection and that she will request that the C.C. is notified when the site visit is scheduled.6:15 pm
Motion: to go into executive session to discuss real estate parcels for Open Space, by Linda Frank, seconded by Kelly Boling, passed by 5-0 vote. Ms. Dupuis abstained.6:45 pm
Motion to come out of executive session.Subcommittee Reports:
Cell Tower Update:
Ms. Payne asked Ms. Dupuis what the next step would be. Ms. Dupuis stated that she would draft a letter on behalf of the Cell Tower Committee to Optasite and cc their lawyer, detailing what was discussed at this meeting and the questions that the Conservation Commission has. She stated that she doesn’t believe that Optasite is correct that they do not have to show alternate locations.Scenic Road Designation:
Mr. Boling called the State of Connecticut and has not received a call back regarding the status of the Route 202 Scenic Road Designation.Greenway:
Ms. Payne stated that Greenway did not meet on Monday. She added that David Thompson called her and told her that DEP has an Invasive Plants Program where municipalities can apply for funding to help control invasive plants. She stated that it was suggested that C.C. team up with Inlands/Wetlands and draw up a grant proposal. It was suggested that the Washington Primary School grounds would be looked at because of the invasion of Knotweed.Conservation Easement Model:
Mr. Boling stated that the C.C. needs the input from Inland/Wetland Commission and has not heard from them yet.Other Business:
Ms. Payne informed the Conservation Commission that UCONN will be having a program on November 29, 2008 on transfer of development rights.Susan Payne adjourned the meeting at 7:05 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Shelley White
Land Use Clerk
Posted: December 12, 2008 October 1, 2008
5:00 p.m.
Members Present: Susan Payne, Kelly Boling, Diane DupuisGuests: Ann Compton, Ellen Tracey, Henry Dutton, John DeFeo
Staff Present: Shelley White
Susan Payne called the meeting to order at 5:05 p.m. and seated members Kelly Boling, Diane Dupuis and herself.
Consideration of the Minutes:
The September 3, 2008 Regular Meeting Minutes were accepted as amended.Motion: to accept the September 3, 2008 Regular Meeting Minutes of the Conservation Commission by Diane Dupuis, seconded by passed 3-0.
Referrals or New Projects:
Ms. Payne informed the Commission that there will be no site visit to the Guerts property on June Road because Inland Wetlands had made its decision. The Commission discussed whether or not there was a public access trail to The Pinnacle and if people are trespassing on private property if they hike the trail from June Road. Ms. Payne offered to look into this issue and get back to the Commission.Cell Tower Update:
Diane Dupuis introduced the application, received on August 25 from Optasite, requesting to install a cell tower on Rabbit Hill on the Tanner Farm in Warren. The proposed tower site is within 250 ft. of the Washington Town Line. Ms. Dupuis reminded the Commission and the public that another cell tower had been applied for in 2002-2003 in a similar site about 400 ft. below where the current tower is proposed. Ms. Dupuis attended a Warren Town meeting in which the public’s concerns and questions were addressed regarding the location of the proposed cell tower. Ms. Dupuis stated that a great deal of the public’s questions went unanswered from Optasite as they had a lack of representation. Mr. Boling questioned why this proposed site was on land that is preserved using public funds. Ms. Dupuis stated that the opposing counsel is aware of this and basically this will be a test case if this goes through. Ms. Dupuis stated that another factor is who should receive the money from the contract for the cell tower if it should pass: the Tanners or the public? She has been in contact with the Attorney General’s Office, which will be involved if this does become a test case. Ms. Dupuis stated that all roads surrounding this property are designated scenic roads and this cell tower would be a ‘beacon’ above Meeker Swamp. Mr. Boling asked what the Conservation Commission should do. Ms. Dupuis asked that the C.C. hear what the public has to say. In addition, a report should be sent to the representatives of Optasite. Ms. Dupuis and First Selectman Mark Lyon have met with the lawyers and engineers representing Optasite and have stated the opposition of the Town of Washington and that this site has been opposed since the request for a cell tower in 2003, the proposed site is against regulations and both towns are strongly opposed to the proposed site. Ms. Dupuis stated that there have been discussions of moving the tower to another part of the property and the only site that does not go against regulations would be on the Tanner property where the house and barn are located.Mr. Henry Dutton stated that he was at the Warren Town Meeting and wanted it to be noted that public attendance was historically extensive. He stated that the attitude of the people and the First Selectman was that they would have a town meeting to vote for funds to hire a lawyer if needed. Mr. Dutton asked if Optasite are required to contact all adjoining property owners. Ms. Dupuis said that until the application goes to the Siting Council they are not required
Mrs. Ellen Tracey stated that the representatives of Optasite have found a clause that states that they are able to site things on non-tillable land. The Tanner family stands to receive a lot of money for the monthly lease of the site. Ms. Tracey stated there was a discussion at the Warren meeting of property rights and they cannot be sold twice. She also stated that this cell tower will not benefit the Town of Warren and it will only serve a couple of miles of Route 202. Ms. Tracey went to a forum in Litchfield at the education center. RF Engineers reported that there was no way that this area would be able to receive a100% coverage. Ms. Tracey feels that Optasite is selfish in wanting to pinpoint this area.
Ms. Dupuis stated that there are too many families around this site. She stated that they were not allowed to talk about the health concerns at the Warren Town Meeting but they are free to talk about it in the forum of the Conservation Commission Meeting. Ms. Dupuis said one of the many reasons they asked Optasite to withdraw the application is because the amended propagation map shows that there is not going to be substantial coverage on Route 202.
Ms. Tracey stated that the tower would be approximately at the same height as her house. It will be approximately 150 ft. above her family’s property. She has researched and attended forums on the issue and has learned the ramifications of being at such a close level of exposure could pose health problems to her family as well as the surrounding families.
Ms. Dupuis stated that it is necessary to send all objections from the past and present to Optasite formally. She would also like to inform them that if they are going to move the site anywhere else on the Tanner Property that the towns need to know. Ms. Tracey stated that she was under the impression that Optasite had to provide a couple of proposed locations for the tower and they do not. Ms. Dupuis said that is true and is not sure why this application does not have more than one proposed site. Mr. Dutton stated at the Warren Town Meeting the public asked why there was not a RF Engineer present to discuss the potential of putting more towers along RT. 202. He explained that they do not want more they just wanted to force the issue of alternative sites. He stated that there were not any answers from the opposing side.
John Defeo questioned how many years need to pass before we can discuss the health issues. He stated that he was under the impression that discussion of health issues were not allowed because there was not enough research to support that there would be health problems due to exposure of the cell towers. Ms. Payne stated that the Europeans have a great deal of scientific data that show the health issues due to cell phone use and cell tower exposure. Mr. Boling and Ms. Payne said that the public would need to work with the congressional level of government to force the health issue as the consideration of health issues and tower site proposals is prohibited by existing legislation. Ms. Tracey stated that the University of Pittsburgh has done a study that recommends that no one under the age of sixteen uses a cell phone.
Commissioners and public continued to discuss alternate sites. Mr. Defeo stated that people should be the main consideration when siting a cell tower, then the other factors. Ms. Dupuis stated that all of Connecticut’s representatives are aware of this and are very concerned. Mr. Defeo stated that he remembered a clause from the previous application that stated that the siting of any cell tower would have to meet the regulations of both towns regarding setbacks. Ms. Dupuis said that is why the Commission is involved because they are within the setbacks of both the Town of Washington and the Town of Warren.
5:33 Guests exit.
Scenic Road:
Mr. Boling said that he would check on the time period for approval of a Designated Scenic Road for Route 202 application.Management and Monitoring of Town Properties:
Ms. Payne stated it was brought to the Commission’s attention that the neighboring property owners were still mowing and parking horse trailers on the Wettergren Nature Preserve, on Lower Church Hill Road. She recommends that the Commission write a letter to the neighbors and ask them to stop and let the area grow back to its natural state. Ms. Linda Frank had previously suggested that a native plant could be sown and allowed to grow and take over the area. Mr. Boling noted that it is important to have this documented so that the neighbors cannot take it by adverse possession. Ms. Payne offered to send the letter of notification to the neighbors.Other Business:
Ms. Payne stated it has been suggested that the Town of Washington consider applying for a WHIP Grant. It is a USDA program for restoration of farmland and habitats, etc. There is a huge infestation of Japanese knotweed on the Washington Primary School site. Ms. Payne offered to talk with Betsy Kathleen Johnson of the USDA.Old Business:
Mr. Boling reported on the Conservation Easement Model. He has talked to Mark Picton who stated that he has passed it on to the Inland Wetlands Commission and there hasn’t been any response or feedback and for Mr. Boling to go ahead. Mr. Boling stated that he would wait feedback and stressed the importance of taking the time to get this right.Other Business:
Ms. Payne stated that there is a program on Thursday, October 9, 2008 that is about Habitat Based Management in Bantam from 3:30-5:30. On Saturday, October 25th there is a program on Common Sense Lake Protection.On Tuesday, October 21, there will be Freedom Of Information training at 7 pm at Bryan Memorial Town Hall.
Susan Payne adjourned the meeting at 5:50 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Shelley White
Land Use Clerk
Posted: September 11, 2008 September 3, 2008
Members Present: Susan Payne, Joe Gitterman, Phil Markert, Linda Frank, Kelly Boling
Alternate Present: Ric Sonder
Guest(s) Present: Randy Bernard
Staff Present: Shelley White
Susan Payne called the meeting to order at 5:02 p.m. and seated members Phil Markert, Linda Frank, Kelly Boling, Joe Gitterman and herself.
Ms. Payne announced that the application for Scenic Road Designation has been received by the State of Connecticut.
Ms. Payne introduced Mr. Randy Bernard a Lab Director at Hydro Technology Lab.
Consideration of the Minutes:
The August 6, 2008 Regular Meeting Minutes were accepted.Motion: to accept the August 6, 2008 Regular Meeting Minutes of the Conservation Commission, by Linda Frank, seconded by Phil Markert, passed 5-0.
Guest Speaker:
Ms. Payne invited Mr. Bernard to come and speak to the Conservation Commission regarding the water resources of the Town of Washington. She requested that Mr. Bernard help point out resources, and explain their importance, from viewing the maps (Litchfield Hills, CT Greenprint Drinking Water Resources & T.O.W. Resource Map Series Water Resources, December 1999). She stated that this could be helpful in finding a parcel of land to purchase with the Open Space Fund for preservation.Mr. Bernard stated that there is an abundance of water resources in the Town. He believes it would be beneficial to preserve the quality of the Town’s water resources. He categorized water resources as three types, “surface, ground and discharge.”
Ms. Frank stated that if the property owner owns the water on that property.
Mr. Bernard pointed out that the State owns the surface water but the property owner owns the ground water. The Commission and Mr. Bernard discussed the ownership and rights of property owners regarding water resources within the parcel.
Mr. Boling suggested that the Commission may want to consider whether or not they should be actively trying to identify properties that are important to preserving the quality of water and possibly advocating for someway for private property owners to protect their natural resources.
Mr. Bernard stated that there is an obvious difference between public and residential water supplies.
Ms. Frank and Ms. Payne asked if the water companies have a responsibility to make sure water does not become contaminated.
Mr. Bernard said that the water company should be doing source water assessments. He said that the 1-2 dozen public drinking water supplies are regulated and that all water companies are required to print out an Annual Consumer Confidence Report.
5:30 pm. Mr. Markert exits.
Mr. Bernard displayed a diagram that explained the ‘Zone of Influence.’ He explained the factors that affect the dimensions of the area of influence. Mr. Bernard said that if the Commissions goal is to preserve and protect water resources, he would recommend the Commission to look at land that has stratified drift aquifers and land that has water resources that feed these aquifers.
5:50 pm. Mr. Bernard exits, Ms. Payne seats Ric Sonder.
Referrals or New Projects:
Ms. Payne presented the a site development plan prepared for Dale and Lani Guerts, by Arthur H. Howland, dated June 18, 2008 for their property on June Road. After reviewing the site plans, Mr. Boling suggested a site visit would be necessary. Ms. Payne said that she would request a site visit.
Conservation Easement Model:
Mr. Boling stated that he received comments and revisions from Paul Frank of the Planning Commission. Mr. Boling will revise and distribute to the Conservation Commissioners for any other comments. Mr. Boling stated that he will then send it to David Miles (Washington Town Counsel).
Open Space:
Mr. Sonder stated that he has recovered most of the work done previously and has started working on finalizing the database for developing a matrix to evaluate parcels of land for possible purchase with Open Space Funds. He said there are four types:
1. Property that has been evaluated,
2. Property that has not been evaluated,
3. Property that is on the market,
4. Property that is not on the market.
Mr. Sonder stated that the desirability of a parcel will be numeric.Ms. Payne said that they will apply the criteria for parcel evaluation to the matrix.
The Commission questioned the importance of aesthetics and the visibility to the public. The consensus was that public visibility is priority for land being preserved with town funds.
Mr. Gitterman presented an article titled “New Milford Makes a Statement: Farming is Staying,” by Joseph Berger. Mr. Gitterman stated that rural character is important to preserve. He stated that he believes that the C.C. should concentrate on preserving farms for farming and visibility to the public is important.
Other Business:
Ms. Payne stated that the acceptance process for easements had been drafted last year. The next step would be to bring this draft to the Planning Commission to get adopted. Ms. Payne informed the Commission that there is an application for a new cell tower on Rabbit Hill.Ms. Diane Dupuis of the Conservation Commission will be meeting with the First Selectman on September 11th to discuss the application.
Motion: to adjourn the meeting by Joe Gitterman, seconded by Susan Payne, passed 4-0.
Susan Payne adjourned the meeting at 6:30 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Shelley White
Land Use Clerk
Posted: August 26, 2008 August 6, 2008
Members Present: Susan Payne, Joe Gitterman, Phil Markert, Linda Frank, Kelly Boling
Alternate Present: Ric Sonder
Guests: Patte Doran, Phil Dutton
Staff Present: Shelley White
Susan Payne called the meeting to order at 5:05 p.m. and seated members Phil Markert, Linda Frank, Kelly Boling, Joe Gitterman and herself.
Consideration of the Minutes:
The July 2, 2008 Regular Meeting Minutes were accepted as amended.
Page 2: Line #: Should read: 22-24 Delete Motion… 25 Mr. Boling stated that he was in favor of the C.C. discussing why they should or should… 29 …discussing the property in question will be affected if discussing it outside of executive…. Page 3: Line #: Should read: 12 …happen that the conservation values of the subject property must be substantially preserved. Ms. Payne…. Mr. Gitterman made comments trying to clarify the scenic road ordinance and how it relates to tree removal along a scenic road. Commissioners discussed how they could inform the public about this issue by possibly requesting something in the town newsletter or a revision in the Land Use brochure.
Motion: to accept the July 2, 2008 Regular Meeting Minutes of the Conservation Commission as amended, by Kelly Boling, Seconded by Susan Payne, passed 5-0.
Referrals or New Projects:
Ms. Payne brought the Camp Windgauge LLP Project to the attention of the Conservation Commission. Mr. Boling recused himself. The request from Open Space Equity is for a waiver of the open space set-aside requirement of the Planning Commission for the subdivision of the Windgauge Project on Old North Road. The Property Survey Map for Camp Wingauge LLP, by Arthur H. Howland and Associates, P.C., with revised date of 7-30-08 was presented. The property is 31.3 acres and the land owners voluntarily planned open space preservation which places approximately 20 acres of this property under a conservation easement. The Conservation Commission approved this waiver request per the details stated in the letter dated August 4, 2008, to Ms. Addie Roberts, Chairman of the Washington Planning Commission from Mr. Kelly Boling. Ms. Payne said that she would compose a letter of approval.
Motion: to approve the Camp Windgauge LLP waiver request per the details stated in the letter dated August 4th from Open Space Equity, by Joe Gitterman, seconded by Phil Markert, passed 5-0.
Conservation Easement Model:
Mr. Boling stated that he reviewed the Conservation Easement Model with the Planning Commission. He has received feedback via email from the Planning Commission. He has sent the draft to the Inlands/Wetlands Commission and has not received any feedback. He will be attending their next meeting. Mr. Boling stated that he would like to consult with David Miles (Washington Town Counsel) with in the next month.Ridgeline Protection:
Linda Frank stated that she would like to talk with Mike Ajello in the Land Use Office, Inland/Wetlands Commission, Zoning, and other area towns to figure out how to approach educating people about clearing forest on steep slopes. She would then be able to come back with something more detailed. Mr. Markert, Ms. Payne and Mr. Boling suggested that Ms. Frank contact Connecticut Conference of Municipalities.Management and Monitoring of Town Properties:
Ms. Frank stated that the goal of the C.C. was to monitor the eased properties of the town. She knows that Steep Rock has to monitor their properties annually as part of the agreement. Ms. Payne said that the eased properties should be monitored. Ms. Frank asked about using Google Earth as a tool. Ms. Payne stated that it is unsure how frequent the maps on Maps Live and Google Earth are updated. Mr. Boling stated that it is a good tool but not a substitute for monitoring the land. He also expressed that Planning has mentioned there should be baseline documentation on the procedures of monitoring eased property. Ms. Payne said that easements should be marked and maybe they should revisit this topic.Other Business:
Ms. Payne referred to the minutes of the June 23rd Zoning Commission meeting. The minutes discussed a possible revision of preservation of stone walls. The minutes state that Mike Ajello said that this issue is usually dealt with a town ordinance. It was suggested that the issue be referred to the Conservation Commission for further investigation. No one has formally approach the Commission but Ms. Payne stated that it is a good topic for this commission to look at.Open Space:
Ms. Payne stated that in the best interest of communication, she invited the Open Space Committee to the Conservation Commission Meeting when there is a discussion of parcel review so that everyone will have input on developing the short list of properties to look at. She announced Mr. Charles LaMuniere has resigned from the Open Space Committee. Ms. Payne distributed a handout titled Washington Open Space Committee, Communicating with the Community about Open Space. Ms. Payne said the Greenprint maps, parcel map, and natural resource maps are tools that can be used. Mr. Boling stated that committee members and commissioners can go to litchfieldgreenprint.org to look at the maps. All in attendance agree that the criteria for the parcel are subjective. Mr. Gitterman asked what the purpose of discussing property that is not for sale. Ms. Payne stated that the Commission is looking at property that is on the market. Mr. Boling stated that there are parcels that fit criteria of some of the members but not all are in agreement. Mr. Markert stated that he believes that the variables need to be reduced in order for a parcel to be approved. He believes there are three groups: 1. People with financial problems and do not want anything that will increase the MIL rate. 2. People that think it is great to have Open Space and are not concerned with the MIL rate. 3. People that question the need for more open space when their kids cannot afford to live here. He feels that if you bring group 2 & 3 together there will be less objections. All are in agreement that the “perfect” property does not exist. Ms. Frank stated that maybe they should agree as a commission what they want to protect, for example, water, views, etc. Mr. Boling stated that he believes that proposals should be solicited.6:10 pm
Linda Frank, Phil Markert exit. Ms. Payne seats Ric Sonder.6:13 pm
Commissioners and Committee members discussed the tax benefits and property value with a conservation easement. They discussed the possibility of putting a two page section in the town newsletter educating the residents on conservation from the tax point of view. Mr. Boling stated that maybe they could do their own mailing. Mr. Gitterman stated that the town newsletter is more read. Ms. Payne said that she would ask to have the two page spread in the town newsletter. Ms. Payne stated that the commissioners and members should regroup and rephrase how we talk about potential properties.There was a suggestion that Open Space meets at the beginning of the Conservation Commission meeting
Motion: to adjourn the meeting by Joe Gitterman, seconded by Kelly Boling, passed 5-0.
Susan Payne adjourned the meeting at 6:30 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Shelley White
Land Use Clerk
Posted: August 14, 2008 July 2, 2008
Members Present: Susan Payne, Phil Markert, Linda Frank, Kelly Boling
Alternate Present: Ric Sonder, Betsy Corrigan, Diane Dupuis
Guests: Patte Doran, Ann Compton
Staff Present: Shelley White
Susan Payne called the meeting to order at 5:18 p.m. and seated members Phil Markert, Linda Frank, Kelly Boling, Alternate Diane Dupuis and herself.Consideration of the Minutes:
The June 4, 2008 Regular Meeting Minutes were accepted as amended.
Motion: to accept the June 4, 2008 Regular Meeting Minutes of the Conservation Commission as amended, by Kelly Boling, Seconded by Diane Dupuis, passed 5-0.
Page 2: Line #: Should read: 7 She invited Commissioners to walk the property. They are aiming for gold or platinum with LEED certification. 16 the property that are further from Bell Hill and Wykeham Road. 22 deleted sentence beginning with Ms. Payne….through rumors. 40 plan will be sensitive. Lighting will point downward and there will… Referrals or New Projects:
Diane Dupuis stated that there is a property owner on Rabbit Hill that will be putting in a new driveway and the plan require an old oak tree to be cut down. Ms. Dupuis suggested that maybe the owner was not aware that Rabbit Hill is a designated Scenic Road and that the property owner might consider moving the driveway a little to the left in order to avoid the elimination of the old oak tree. It was suggested that a letter could be sent to remind people of scenic road designations.
Betsy Corrigan stated that she would like the C.C. to review the ecology report for the Wykeham Rise project. She will also be asking to have a walk of the property.Scenic Road Designation:
Kelly Boling asked Shelley White to make copies of all the letters for the Scenic Road Designation Application as well as the final draft of the application for the office file.Conservation Easement Model:
Mr. Boling stated that he would like to send a memo to Planning & Inland/Wetlands with the draft of the Conservation Easement Model for their review. He will request that they return any comments to the Conservation Commission.Ridgeline Protection:
Linda Frank stated that she has put a call in to Kurt Sinclair to discuss the guidelines used in Kent for their Ridgeline map and the cost it would take to produce. The Conservation Commissioners discussed the different parameters and formulas other towns use to identify ridgelines and protected areas. They discussed the possibility of regulations for tree clearing.
Ms. Payne asked that Ms. Frank invite Inland/Wetlands and Zoning and Mark Picton to a meeting with the Conservation Commission to discuss this subject further.Open Space:
Ms. Payne stated that she would like to discuss some of the properties that were being considered for the Open Space Fund.5:45
Motion: to go into executive session to discuss real estate transactions by Susan Payne, seconded by Phil Markert, denied 4-1. Ms. Dupuis was not in favor.
Mr. Boling stated that he was in favor for the C.C. to discuss why they should or should not go into executive session. Ms. Dupuis quoted the Planning and Zoning Statutes, “Executive sessions” and the triggers that are required. She also quoted the “Freedom of Information Act” means in this chapter. Ms. Dupuis stated that she does not see how discussing the property in question will be effected if discussing it outside of executive session as it has been on the market for 295 + days. Ms. Dupuis feels that the plan for this project is well developed at this point.
Phil Markert and Ms. Payne disagree. Mr. Markert stated that the purchase of any property is still in a very conceptual stage. Ms. Payne stated that they are proactively looking at properties and was advised by Town Council to use executive session while discussing these properties until they have a formal proposal.
The C.C. further discussed the procedures for using executive session. Ms. Corrigan stated that ‘as a biologist’ she believes the most important part of the acquisition of the Open Space Fund should be based more on the value of natural resources.
Ms. Dupuis suggested that maybe more/smaller parcels of better ecological value could be purchased with this fund.
Ms. Corrigan offered to produce a draft of a natural resources map with a parcel overlay.
Ms. Frank stated that the people of the Town of Washington have the final say on how the money should be spent.
Ms. Payne suggested that the Commission needs to be proactive and find these properties. The Commission agreed to come up with a list by September of prospective properties. All of the Commission agree that if a joint venture between Housing and Conservation is to happen that the Conservation/Open Space Fund should not be compromised.
Ms. Payne stated that the Open Space Committee and the Conservation Commission should meet together starting with the August 6th meeting.
Motion: to adjourn the meeting by Susan Payne.
Susan Payne adjourned the meeting at 6:35 p.m.FILED SUBJECT TO APPROVAL
Respectfully submitted,
Shelley White Land Use Clerk
Posted: June 12, 2008 June 4, 2008
Members Present: Susan Payne, Phil Markert, Linda Frank, Kelly Boling
Alternate Present: Ric Sonder, Betsy Corrigan
Guests: Patte Doran, Wayne Hileman, Dirk Sabin, Mathew Klauer
Staff Present: Shelley White
Susan Payne called the meeting to order at 5:10 p.m. and seated members Phil Markert, Linda Frank, Kelly Boling, Alternate Betsy Corrigan and herself.
Ms. Payne informed the commission that Joann Caldera resigned from the Open Space Committee.
Consideration of the Minutes:
The May 4th Regular Meeting Minutes were accepted as amended. Page 2; last sentence under Conservation Easement Model should read "The versions would be regulatory and voluntary easements".
Motion: to accept the May 4, 2008 Regular Meeting Minutes of the Conservation Commission as amended, by Kelly Boling, Seconded by Betsy Corrigan, passed 5-0.
Scenic Road Designation:
Mr. Boling informed the commission that he is has received all the letters for the scenic road designation application. He requested that the Commission authorize Ms. Payne to send a cover letter as Chairperson.
Motion: to authorize Ms. Payne to send a cover letter as chairperson of the Conservation Commission for the Scenic Road Designation Application, by Linda Frank, seconded by Betsy Corrigan, passed 6-0.
Conservation Easement Model:
Ms. Payne stated that under Prohibited Uses section 2.11 she believes that it is a reserved right. Mr. Sonder agrees that it is unclear. Mr. Boling said that he will put it under section 3.12. Ms. Payne asked Mr. Boling if Paul Frank, from the Planning Commission, had checked section 2.8. Mr. Boling said Mr. Frank had concerns and had researched it and was satisfied with this section. Mr. Boling suggested that he bring the Conservation Easement Model to Inland/Wetland's and Planning Commissions meetings for their feedback. Mr. Boling will send any feedback he receives to the other Conservation Commissioners, and then Mr. Boling will send this to David Miles for review.
Referrals or New Projects:
Ms. Payne invited Mr. Mathew Klauer, of the Wykeham Rise Project to this evenings meeting to familiarize the Commission with the proposed project. She invited Commissioners to walk the property with LEED Certified Inn. They are aiming for gold or platinum certification. The project has taken into consideration the Town of Washington and the neighborhood concerns as well as inland/wetlands. His civil engineer did reflag the wetlands. Mr. Klauer displayed the site plan for the proposed project (titled Wykeham Rise, sheet c.1/coversheet by Arthur H. Howland & Assoc. PC.). He pointed out that the existing buildings are encroaching upon the wetlands and with his plan they will be returning wetlands to their natural state. Mr. Klauer stated that in regards to the neighborhood, most of the development will be concentrated on parts of the property that are further away from Bell Hill and Wykeham Rise. Mr. Boling asked if the goal was to minimize visual impact. Mr. Klauer confirmed this. Mr. Klauer said the existing main structure had suffered a great deal of water and structural damage and most of the buildings were in this condition and will not be saved. Ms. Payne asked if most of the development will be where the existing dormitories are situated. Mr. Klauer noted that there will be permeable surfaces for the driveways. Ms. Frank asked if there was an Open Space component in terms of a conservation easement. Ms. Payne stated that she invited Mr. Klauer to the meeting to educate people on his project as opposed to hearing about it through rumors.
5:20 Dirk Sabin arrives.
Ms. Frank asked the acreage of the property. Mr. Klauer said 27 acres. Ms. Payne asked how much of this is wetlands. Mr. Klauer was not sure. Ms. Frank asked what the total coverage was with driveways and structures, etc. Mr. Klauer said that they are applying for 17% coverage inclusive of the permeable driveways. He knows it is a high percentage however the permeable driveways take up approximately 8.75% of that coverage. He also stated that there will be green roofs that will bring the percentage down to around 8%. Ms. Payne displayed the Planting Plan (titled Wykeham Rise, sheet PL-1, by Didona Associates, Landscape Architects). Mr. Klauer said that the plan is trying to save as many trees as possible. The plan also indicates the increase of a buffer to Kirby Brook. Ms. Frank asked about a parking lot shown on the plan. Mr. Klauer said that it was for staff and that the number of parking spaces is determined by how many rooms, staff and how many the restaurant seats. Ms. Frank asked how many rooms will be at the Inn. Mr. Klauer stated that the restaurant will seat 60-80 people and there will be 60 rooms. Ms. Frank asked about the lighting plans. Mr. Klauer said that the lighting plan will be really sensitive. They will be pointing downward and there will be minimal lighting. Ms. Payne asked if Mr. Klauer could talk about the architectural concept. Mr. Klauer said that his original feedback was that it was not representative of Washington. He is looking for an architect that would be able to create something that would represent the rural character of Washington. Ms. Payne asked if there were anymore questions. Mr. Markert asked if the staff would be living in the previously stated 60 rooms. Mr. Klauer stated that they are looking into staff housing and it would be inclusive of the plan. Mr. Markert asked what the current lot coverage is. Mr. Klauer said that the footprint current lot coverage was at 10%.
5:30 Mr. Klauer exits
Open Space:
Ms. Payne stated that many of the Commissioners (Markert, Frank, Hileman, Doran, LaMuniere and Payne) have been on site visits. Wayne Hileman, Chairman of the Town of Washington Housing Commission and Patte Doran, Open Space Committee and Housing Commission were present to discuss available parcels of land.
5:34
Motion: to go into executive session to discuss real estate transactions by Phil Markert, seconded by Linda Frank, passed 6-0.
6:30
Motion to come out of executive session by Kelly Boling, seconded by Betsy Corrigan, passed 6-0.
6:30 Mr. Hileman, Ms. Doran exit.
Cell Tower Update
Ms. Payne read a letter from Robinson Cole LLP to Mr. Lyon. This letter discussed the topic of painting the cell tower on Mountain Road to reduce its visual impact and asks for input from the Commission. The Commission agrees that matte black would be best.
Archaeological Resources Protection
Ms. Corrigan stated that the Planning Commission has not sent it in to the attorney at this time. They are looking to do this later in June.
Other Business
Mr. Boling stated that he feels that the Church Street playground (Nick Platt Field) could use some plantings. Mr. Sabin said we might be able to get some trees wholesale and that he would take a look at the property. Ms. Frank stated that the Village Improvement should be contacted.
Ms. Payne also wanted to thank Kelly Boling for all his work on the Scenic Road Designation application and the Conservation Easement Model as well.
Motion: to adjourn the meeting by Susan Payne.
Susan Payne adjourned the meeting at 6:40 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Conservation Commission 6/4/08
Shelley White
Land Use Clerk
6-10-08
Posted: May 18, 2008 May 7, 2008
Members Present: Susan Payne, Phil Markert, Linda Frank, Kelly Boling
Alternate Present: Ric Sonder, Betsy Corrigan
Staff Present: Shelley White
Susan Payne called the meeting to order at 5:10 p.m. and seated members Phil Markert, Linda Frank, Kelly Boling, and herself and Alternate Ric Sonder.
Consideration of the Minutes:
The April 2, 2008 Regular Meeting Minutes were accepted as amended. Page 1; 2nd paragraph, 4th sentence from beginning of the paragraph should read, "He is Director Emeritus at the Roxbury Land Trust and was instrumental in the Save Our Farms Campaign." The 5th sentence under Referrals or New Projects should read, "Paul Szymanski, engineer, in a covering memo stated that the proposed changes allow for ATVs and more trees to be cut, etc." Page 2; Scenic Road Designation heading should read "Conservation Easement Model." Page 3; under Archaeological Resources Protection, 4th sentence should read, "Step 1: When an application comes before a Land Use Board and the project area is reviewed." 23rd line from the top, beginning "Mr. Sonder stated..." deleted. Page 5; Susan Payne adjourned the meeting at 6:55 p.m.
Motion: To accept the April 2, 2008 Regular Meeting Minutes of the Conservation Commission as amended. By Ric Sonder, Seconded by Linda Frank, passed 7-0.
Referrals or New Projects:
The Abella Conservation Easement was reviewed by members. Ms. Payne and members examined a revised map dated February 27, 2007 with revisions dated 5-7-07/8-9-07/11-29-07/5-5-08. The Planning Commission approved the most recent revision and the property owners reserve the right to put a new septic in at a designated area if the current system fails.
Motion: To approve Abella Conservation Easement Revision dated 5-5-08 as approved by the Planning Commission. By Kelly Boling, Seconded by Phil Markert, passed 7-0.
Scenic Road Designation:
Kelly Boling informed members that the Conservation Commission has received letters of support from the Weantinoge Heritage Land Trust, Inc., Rep. Chris Murphy, Rep. Arthur O'Neill, Steep Rock Land Trust, Sen. Andrew Roraback and Dan McGuinness of the Northwestern Connecticut Council of Governments. Mr. Boling stated that he and Ms. Payne were discussing that the application should include a basic report of geological features and their scenic merits from a qualified expert. Mr. Boling suggested that Ian Branson could do this and the report, without pictures, would be under $300.00. All members are in agreement that the report would be a beneficial addition to the application. Mr. Boling states the reason the Conservation Commission is pursuing the State Designated Scenic Road is to inhibit the future widening of Route 202. Ms. Payne points out the stratified drift aquifer that runs under Route 202. All members are in agreement that this is an important resource to protect and adds value to the application. Mr. Boling believes that the report does not address the aquifer and he will attach natural resource inventory maps to make note of the aquifer along with the other natural resources in the area inclusive of the application. Ms. Payne asks Mr. Boling what remains to be done to finish the application. Mr. Boling states that he needs to review it, put the pictures in, obtain a letter from W.E.C., attach maps and obtain the report from Ian Branson.
Conservation Easement Model:
Ms. Payne asked that the Commission revisit this in June. Mr. Boling said that he will incorporate Paul Frank's comments and redistribute the draft of the model one week before the June meeting to the Conservation Commission members. Mr. Boling states that after the C.C. has had a chance to go over the model that he could send the finalize version to the attorney and then the C.C. can work on the 2 different versions. The versions would mandatory and voluntary easements.
Conservation Development:
Mr. Markert stated that there is a new form of development referred to as 'Open Space Zoning'. A large parcel of land would be purchased and then a cluster development would be built on an allotted portion of this land and the remainder would be designated open space. A pilot project could be done and if it works the Planning and Zoning Regulations could be adjusted to accommodate this approach.
6:45
Motion To go into executive session to discuss a real estate transaction by Linda Frank, seconded by Phil Markert, passed 7-0.
6:55
Motion To come out of executive session by Linda Frank, seconded by Phil Markert, passed 7-0.
Ms. Payne clarified that Mark Lyon, First Selectman was invited to the Open Space Committee meeting in April to give the committee input on the how the Board of Selectmen feels the funds would benefit the community. Ms. Payne asked Wayne Hileman of the Housing Commission what are the criteria to consider with a parcel of land. Mr. Hileman stated, in an email, in order of priority: 1. Desirable - in or around a village center, modest size and modestly priced housing works best where it already exists. 2. Acceptable - in or adjacent to an area that is already developed, takes advantage of existing infrastructure, traffic patterns, etc. 3. Tolerable - only on or along a major artery or thoroughfare. 4. Undesirable - an undeveloped farm or forestland.
Ridgeline Protection:
Ms. Frank attended a meeting to amend zoning regulations regarding building on a ridgeline and calculating elevation. She said that she would get a copy of the language for the commission to review. She suggests that the Commission obtain a map from HVA that has the ridgelines defined. The Commission discussed the criteria that should be used for the map. Mr. Sonder stated that the Commission had suggested to Zoning that they use elevations as criteria and that any property above a certain elevation is subject to site plan review. Members discussed the possibility of having a 3 dimensional topographical map made for the town to use as a reference tool.
Motion: To adjourn the meeting by Susan Payne.
Susan Payne adjourned the meeting at 6:18 p.m
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Conservation Commission 5/7/08
Shelley White
Land Use Clerk
5-9-08
Posted: April 30, 2008 April 10, 2008
Open Space Committee
Present: Chairperson Susan Payne, Phil Dutton, Diane Dupuis, Ric Sonder, Joann Caldara, Charles LaMuniere, Phil Markert, Patte DoranGuests: Mark Lyon, Kelly Boling
Susan Payne, Chairperson called the meeting to order at 4:35pm.
Susan Payne introduced Mark Lyon, First Selectman. Mr. Lyon was asked to come to the Conservation Commission to discuss the Commissions Acquisition for Open Space Fund. Ms. Payne said that she estimated the fund to be around $500,000. Mr. Lyon said the fund has been discussed by the current Board of Selectmen through the budget process. Mr. Lyon stated that the fund currently has $502,000 in it and the budget allows another $150,000 to be added to that. The budget is also allowing $50,000 to be added to the Housing Fund that is now $178,000. Mr. Lyon is asking if the Conservation Commission and Open Space Committee have a sense of what they would like to do with this money. He asked if there was a plan to spend this in the not so distant future or if it was being saved and accumulated for something. The $200,000 is approximately 20% of the goal of a total of $1,000,000 a year in the capital budget. He asked if the Conservation Commission/Open Space Committee had a goal other that preserving open space with accumulative $650,000. Mr. Lyon said the Board of Selectmen were questioning if there is and overall approach of the Open Space Committee and is there something out there of interest or should it be funded indefinitely or will the funds be used. Mr. Lyon said that his personal interest would be to see some sort of collaboration of Open Space and Housing. This could result in low impact use of the land and also provide a need. Ms. Payne said that the Committee does have criteria in evaluating parcels of land. She stated that if the right parcel came along she feels there could be collaboration between Housing and Open Space. The Conservation Commission and Open Space Committee is thinking along those lines and maintain an awareness of what comes on the market and if it is something they could present to the Board of Selectmen. Joann Caldara is keeping track of what is on the market. Ms. Payne said that the ordinance clearly states the goal is preserve open space and that up to $6,000 can be spent on an appraisal and due diligence, etc. Mr. Markert pointed out that the Committee has had interest in a couple of properties and that the interest never progressed. One of these properties, he felt, did have the possibility of recreation, housing, and open space. The frustration is not being able to move on something because of the funding process. Mr. Markert said that at this time some land owner may need the funds and will approach the Committee if they know the money is there. Mr. Lyon said that it has to go through the Town of Washington's process and suggested that it would be a good idea to get most of the initial work done before a town meeting.
The Board of Selectmen feels that if the public knew the money was available what the Committee was looking for someone would step up. Ms. Doran stated that criteria were developed to judge parcels and feels that they are too fragmented. Her suggestion is to have mini regions and have criteria based on this. The parcel will then be known as an area that could meet certain needs such as housing or open space or both. Mr. Markert said that the only thing that the criterion can not include is whether or not the property is available and that the offer is opportunistic. Ms. Payne said that the criteria are being established so that there is a framework in which C.C. and O.S. can make a decision. Mr. Boling talked about the C.C. discussion about soliciting proposals. People could be asked and someone may be more likely to offer it to the town. The C.C. could look at the parcel and determine which would be the best value to the tax payers and bring it to the town meeting. Ms. Dupuis stated that she is afraid that this is going to get very competitive and create problems with the people that are offering their land. Mr. Boling believes that if C.C. sets out clear criteria that a decision could be made objectively and presented to the town. Ms. Payne said that C.C. and O.S. want to be proactive and be able to make a suggestion to the town. Ms. Caldara asked if Housing is able to identify a parcel of interest that may have criteria that the C.C. and O.S. are interested in and then they could collaborate. Ms. Payne said that she would ask Wayne Hileman of Housing.
. Ms. Payne summarized that it is clear that the Conservation Commission and Open Space Committee are very interested in collaborating with Housing and that the goal will be to find something and move forward with it. She stated that the good news is that the continuation of the open space fund is perpetual and can be not withstanding from time to time the fund may be unfunded. Mr. Lyon stated that at this point in time there is not any consideration of not funding in the future. He expressed that there is sufficient amount of money that it is time to do something with it. Ms. Payne suggested that counsel be advised to interpret the percentage of the land, if bought in collaboration with Housing is to be allotted for conservation. Ms. Doran brought up the concern of following the exact wording of the mission statement. Mr. Markert said that the wording may need to be amended. Mr. Dutton said that in previous preservation projects people were upset because housing was not included. He received phone calls from people that thought it was confusing to be doing open space with housing with open space that cannot be walked on. He supports the idea of collaboration but thinks it adds another layer of confusion and will slow down the process.
Kelly Boling, Mark Lyon leave 5:15p.m.
Open Space Preservation Possibilities:
Ms. Payne asked Ms. Caldara if any parcels of interest have come on the market. Ms. Caldera said the collaboration would add a whole layer to the process. Ms. Payne said that they would have to find a willing seller to work with that time frame. Mr. LaMuniere said that he has learned that it is hard to consider an application until there has been a site visit. The Open Space Committee discusses the available parcels. Ms. Caldera asked if the land is bought does it have to go through the procedures with Housing and Zoning. Ms. Payne said that C.C./O.S. would be buying the property. Ms. Caldera said that the collaboration would put produce time constraints on the purchase of the land that Open Space is interested in. Ms. Payne said that maybe the money should just be considered for property mainly on conservation/open space criteria. Mr. Markert suggested that a method would be to divide the land into 2 pieces with Housing buying one piece and Conservation/Open Space buying the other.
Ms. Caldera leaves 5:45p.m.
Ms. Doran said that there were three areas that she would like to bring to the attention of the Committee. The first is the McGoogle land, 31.36 acres. Ms. Doran gave an example as to how it could work if Housing developed a large a portion and maybe they would buy it and collaborate with Open Space and conserve a large portion. She also stated that there was a parcel on Nettleton Hollow of 105+ acres of unspoiled farmland. She asked what would be the criteria that the land would need to have if they were to approach Open Space. Mr. Dutton questioned how if the price would disqualify a parcel of land. Ms. Payne showed a map from Steep Rock that shows parcels. Mr. Dutton suggested that the Committee have a copy of that map and it would be useful. Ms. Payne suggested that Tim Abbott from the Greenway Project may be able to produce a more up to date parcel map for the Committee. Mr. Sonder suggested that it could already be on a disk. Ms. Payne said that she would check into the cost and availability.
Ms. Payne said that the Committee needs to come to some direction as to what they can bring to The Board of Selectmen. They need to figure if the collaboration is something they want to explore. Ms. Doran said that maybe it would help to modify the Conservation Commission/Open Space ordinance. Ms. Payne and Ms. Dupuis said they were against that. Ms. Payne suggested that the Committee take one meeting to discuss collaboration. Mr. Markert recommended the possibility of presenting 8 possible properties that more or less have the criteria the Committee is looking for and discuss whether or not they are prepared to make a recommendation on one, maybe they are waiting for the price to come down and do not want to make the decision at this time.
Mr. Markert said it would be helpful to have a piece of paper that has all the available properties and compare them before they can make a recommendation the Board of Selectmen. Ms. Payne Agrees. Ms. Payne offered to ask George Blake for a larger map with plots. Mr. Sonder suggested getting a map from the Assessor's office. Ms. Payne said that she would look into it. Mr. Sonder stated that the money cannot be spent on anything else. Ms. Payne asked if the Committee invests town money in land, does it need to be visible for the public.
Minutes:
Ms. Payne suggested deferring the consideration for the Minutes until next meeting.
Charles LaMuniere leaves 6:05 p.m.
Motion: Susan Payne made a motion to adjourn; Diane Dupuis seconded the motion which passed unanimously.
Susan Payne adjourned meeting at 6:10 p.m.
Submitted subject to approval,
Shelley White, Land Use Clerk
Posted: April 29, 2008 April 2, 2008
Members Present: Susan Payne, Linda Frank, Kelly Boling
Alternate Present: Diane Dupuis, Ric Sonder, Betsy Corrigan
Staff Present: Shelley White
Susan Payne called the meeting to order at 5:07 p.m. and seated members Linda Frank, Kelly Boling, and herself and Alternates Betsey Corrigan and Ric Sonder.
Susan Payne welcomed new member Ric Sonder. He has served on the Roxbury Conservation Commission as Chairman. He served on the Planning Commission. He director of Maritus at the Roxbury Land Trust and was instrumental in the Save our Farms Campaign.
Consideration of the Minutes:
The March 5, 2008 Regular Meeting Minutes were accepted as amended. Page 1 under Referrals and New Projects, 7th line from beginning of the paragraph should read, "She would like to carve off a little piece of the property with the original 19th century house." Page 3, under Archaeological Resources Protection, second line, should read "Ms. Payne, Betsy Corrigan and Sarah Gager from Planning attended." Also, under Open Space, 2nd sentence should read, "Tim Abbott, the leader of the Greenprint Project, will be here to do an update."
Motion: To accept the March 5, 2008 Regular Meeting Minutes of the Conservation Commission as amended. By Linda Frank, Seconded by Susan Payne, passed 3-0-3. Ms. Corrigan, Mr. Sonder & Mr. Boling abstaining because they were not at the last meeting.
Referrals or new projects:
Ms. Payne brought to the attention of the Conservation Commission the revised Conservation Easement for the Abella property off Scofield Hill. There are numerous changes on the proposed revision. Ms. Payne requested that Ms. White send out a copy of the revised easement to the members of the Conservation Commission. Ms. Payne would like the first and revised easement to be reviewed by the Commission. Paul Szymanski, engineer, stated that the proposed changes allow for ATVs and more trees to be cut, etc. Ms. Payne suggested that Szymanski should be invited to the next meeting. She also suggested that member s of the Conservation Commission Compare the first conservation easement for the Abella property to the most recent easement and provide comments. If comments are not available for the May 6th Planning Commission Meeting Janet Hill, Land Use Coordinator should be notified and it will be continued into the June Planning Commission Meeting. Ms. Payne offered to email Mr. Szymanski asking for an explanation of the changes in the easement.
Greenprint Reports and Review of Maps:
Conservation Commission reviewed the Greenprint Maps from Tim Abbott. The Farmland Preservation Study, The Large Forest Habitat Study, & Drinking Water Resources Maps were reviewed. Ms. Payne said that they are closer to having more usable maps. Diane Dupuis suggested that the Drinking Water Resources Map needs to show the aquifers. Betsy Corrigan asked if TPL's ultimate goal was to purchase land. Ms. Payne said that its goal is to provide layers of maps and layers of data that anybody can access. The data is meant to be a tool to help improve regional planning.
Scenic Road Designation:
Ms. Payne said that she, Kelly Boling, and Sarah Gager& Paul Frank of the Planning has been working on a Conservation Easement model for both regulatory and voluntary easements. So that someone that is planning a project will know what is expected and it will cut down time and cost. Mr. Boling requested that the commission looks at the proposed document and discuss any suggestions it at the May 7th meeting. Mr. Boling stated that the future phase of this project is to develop terms and language for different landscape types and also ask for baselines for monitoring purposes. Ms. Payne said that the property will determine how detailed the baselines need to be because they are more expensive with more detail.
Scenic Road:
Ms. Payne asked what the Conservation Commission and the Town of Washington can do to protect Route 202 from becoming a four lane highway. One thing to do is get State Scenic Road Designation that would start at the intersection of Route 45 and 202 to include New Preston Falls and up to the town border. Mr. Boling suggested a boundary change that would extend up to Mt. Tom Pass Way and would include Mt. Tom pond and State Park and it should include the area from the south side of Christian Street to include the falls. He believes that it would strengthen the application. Ms. Payne acknowledged that Mr. Boling has worked hard and has done great work. Mr. Boling also suggested that he would like to get letters of support from Jodi Rell, Roraback, O'Neill, Chris Murphy...state officials. Ms. Payne suggested that maybe they should ask HVA to provide a support letter. Ms. Payne offered to contact Mr. Roraback, & HVA. Mr. Boling said he could contact Ms. Rell, Steep Rock Association. Ms. Frank offered to contact Chris Murphy. Ms. Payne asked Mr. Boling if a letter could be drafted with the general information of the area. Ms. Payne asked if historical houses and structures should be named. Mr. Boling showed the pictures that he would be sending with the Scenic Road Application. Mr. Boling stated that the application should also include the Existing and Perceived Open Space map. Letters of support should go to the State with the application as well. Ms. Payne offered to ask Mr. Ian Branson, a Forester, which is knowledgeable of the geology of the area to write a support letter.
Archaeological Resources Protection:
Ms. Corrigan stated that the Town of Washington Planning Regulations makes reference to protecting the archaeological resources of the area. So, Ms. Corrigan has worked on a proposed amendment to the planning regulations to better define archaeological sites and preservation. Ms. Corrigan created a proposed procedure of the process. Step 1 would an application comes before a Land Use board and the project area is reviewed. This would entail determining if the project falls within the polygons shown on the Archaeological Sensitivity Map. The Office of State Archaeology (OSA) will review potential sensitivity. If OSA determines that the site is in a polygon they would continue to Step 2. Step 2(Phase I Survey) would require test pits that would determine significance of the site. If there is no significance the process ends here. Step 3(Phase II Survey) would be the next step if there is significance. This would entail larger test pits to determine the degree of significance. If there is the possibility of significance, then leave it alone (conserve in situ). If it is not possible to conserve in situ then move on to Step 4. Step 4(Phase III SurveyData Recovery) would be to excavate a percentage of the site and to conserve most of the site rather than fully excavate it. Artifacts are catalogued and studied and returned to the property owner. Ms. Corrigan noted that this is a state service and that there is no cost to the applicant. Mr. Sonder asked if the Phase I & Phase II Survey are paid by the applicant. Ms. Corrigan was not sure and she would check into that. Mr. Boling asked if the Planning or Zoning Commissions have given any feedback. Ms. Payne said that Sarah Gager from Planning has been working on this and that the Conservation Commission can present what they have to the Zoning Commission when they are ready. Ms. Corrigan stated that many towns (about 40) in Connecticut already have Archaeological Regulations. Mr. Sonder stated that Zoning and Planning should be involved but that it would be odd regulations in both. Ms. Payne agreed and said that the planning regulations mention preservation of archaeological sites under the open space section 5.8. In the zoning regulations under section 13 there were a number of different places that archaeological sites were referenced. Ms. Payne said that these regulations, in her opinion could be expanded. Ms. Payne stated that Mark Lyon, First Selectman for the Town of Washington is concerned about the burden of more regulations on the property owner. Ms. Corrigan said that there would be a prescreening. Nick Belllantoni will be asked to provide a map for Land Use to help with the prescreening process. The idea is to make to make the process easy. Ms. Frank asked if someone were to buy a piece of property would they be required to come into the office and would they then be told as to what can be built on the possible piece of property. Ms. Payne said the next step is to get the language established for the regulations. Mr. Boling suggested that maybe Sarah Gager could produce a draft. Ms. Corrigan said she will ask Sarah Gager. Ms. Payne said she will ask Gary Fitzherbert in Zoning. Ms. Frank asked if the commission should ask a builder. Mr. Sonder asked if the state had power. Ms. Corrigan said that it is the town's responsibility. Ms. Payne said that it is up to each municipality to monitor and predict how stringent they want to be. Mr. Sonder said that a much simpler regulation would say that 'you must check if the area falls into a polygon and there is a procedure in a manual that you must follow'. Ms. Payne asked Mr. Sonder to help draft some simple language. Mr. Sonder said he would.
Cell Tower:
Mr. Boling stated that she understand why people do not like the fake tree cell tower but she thinks it may have looked better than the one that was put up in New Preston. Ms. Dupuis said the fake tree is much larger that the tower that was installed. The installed tower was supposed to be brown and the fake tree would look odd as there aren't any conifers in the vicinity.
Ridgeline Protection:
Ms. Frank stated that there was a question regarding a slight change in the zoning regulations that try to keep from having enormous structures built on steep/ridgeline areas. The architect is having trouble calculating in his design with these changes. Mr. Sonder stated that people tend to raise the grade. It was suggested to Zoning that the height of the house should be calculated from the existing grade instead of a created grade. That was accepted by Zoning and language was created that defines what how to calculate the average and where to measure from. The architect stated that there are better ways to measure and simply took the average of the measurements around the entire perimeter of the house. Mr. Sonder agreed that the method was correct and the wording would use some adjustment. Ms. Frank said that there will be a public hearing on May 15th and she will find out if the Conservation Commission was asked to provide comments. She said will draft something for the meeting so that it will go on record. Mr. Sonder said that there has never been anything done on ridgeline protection and if that is something the commission would like to do. Mr. Boling said the Conservation Commission would like to do it but doesn't think Zoning is interested. Ms. Frank said she would like to talk to the people in Kent to see how successful the zones are that had been established. Mr. Boling believes that they are happy with it and the difficult thing is the need for good mapping which costs money. Ms. Payne stated that there is money in the budget for mapping and that she is in favor of keeping ridgeline protection going. Ms. Corrigan suggested that something basic be done such as not allowing clear cutting but maybe seasonal or selective cutting. Mr. Sonder said that the areas of concern be defined in terms of mapping and the elevation be picked for that particular area. Mr. Boling suggested that there needs to be a map that triggers closer scrutiny.
Other Business:
Ms. Payne stated that she read in the Planning minutes that there will be mobile units mounted on existing sign posts that read oncoming cars speed. They will be 12x12 inches.
16 Titus Garage Committee update: A request for a dog park was discussed and not favored. There are two acres available and this could be used for housing. There will be perk testing and demolition and cleanup of the old garage. The old metal building will be taken down but the foundation will stay. It was suggested that it could be used for a pavilion or something.
Ms. Payne stated that Open Space has money in its acquisition fund. Mr. Boling had a recommendation that the Town of Washington should solicit and publicize request of land owners that would be interested in selling some land. Ms. Dupuis said that the land owners should be informed of the guidelines. Ms. Payne said this deserves more thought. Mr. Boling said that we could solicit proposals and the commission could recommend a site. Ms. Frank suggested that we have a map that shows properties and the criteria that the Conservation Commission is looking for and then approach the land owner. Ms. Payne suggested that the ideal plan would contain open space criteria and the ability to use part of the property for affordable housing. Mr. Boling offered to draft something for the next meeting.
Motion: To adjourn the meeting by Susan Payne.
Susan Payne adjourned the meeting at 7:55 p.m
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Shelley White
Land Use Clerk
4-17-08
Posted: February 27, 2008 February 14, 2008
Open Space Committee
Present: Chairperson Susan Payne, Charles LaMuniere, Joann Caldara, Phil Dutton, Phil MarkertSusan Payne, Chairperson, called the meeting to order at 4:50PM. She asked the members to look over the January minutes if they had not already done so.
Minutes: In looking over the minutes, Susan Payne said she would like to clarify the fact that she had invited John Boyer to come to the meeting because of the Washington Housing Trust.
Motion: Joann Caldara made a motion to accept the minutes of January 10, 2008, with an addition stating: Susan Payne asked John Boyer to attend because of the Washington Community Housing Trust. The motion was seconded by Charles LaMuniere and passed unanimously.
Susan Payne reminded the members that Pam Osborne is now working for Probate and will no longer be secretary for Conservation and Open Space. Ms. Payne told the members that Pam was very touched by their thank-you.
Phil Dutton arrived at 5:00PM.
Ms. Payne said Rick Distel was out of town and she did not know if he had completed the Marbledale Historic District Survey.
Ms. Payne suggested to the members that they could discuss the Plan of Development or review Open Space possibilities.
Mr. Markert said he would like to talk about Regulations. That is, a fee in lieu of set-backs. He said some years ago he asked Andrew Rohraback for his thoughts on this. Mr. Rohraback came back with the opinion that Planning Commissions may require a developer to pay fees in lieu of providing open space subdivision regulation requirements. Mr. Markert said he has lots of info from different towns. Some towns have very strong wording. We could be a lot more demanding regarding ridge lines, historic districts, etc. Calhoun Street is getting out of hand with inappropriate buildings. We are increasingly concerned about open space. Our regulations should reflect what the town wants to do with the land. Regulations need to be explicit. Mr. LaMuniere said Zoning regulations are more explicit than Inland-Wetland Regs.
The members discussed ways to keep projects from getting out of hand. Joann Caldara asked about stricter enforcement. Mr. Dutton agreed - there needs to be a way to over see projects so they don't get out of hand. Also mentioned was the suggestion to institute a schedule of fines based on the value of the property. Mr. LaMuniere noted that Inland-Wetlands can only charge a max of $1000. Any schedule of fines should be backed by a Town ordinance.
The members discussed whether they could make changes to the Regs within the existing State Statutes. Ms. Payne stated they must start with the Selectmen and get their support; then Land Use. She said the Commissions should get together once a month, because they all overlap today. It is critical to get the Chairs together once a month to meet with the First Selectman to discuss pressing issues. Ms. Payne said she would contact the First Selectman about this.
Ms. Payne adjourned the meeting at 5:50PM.
Submitted subject to approval,
Martha T. Shade, Secretary
Posted: February 15, 2008 February 6, 2008
MEMBERS PRESENT: Mr. Boling, Mrs. Frank, Mr. Markert, Mrs. Payne
ALTERNATE PRESENT: Mrs. Corrigan
STAFF PRESENT: Mrs. Hill
ALSO PRESENT: Atty. Fisher
Mrs. Payne called the meeting to order at 5:01 p.m. and seated Members Boling, Frank, Markert, and Payne and Alternate Corrigan.
Mrs. Payne noted the resignation of the Commission's clerk, Mrs. Osborne. She said Mrs. Osborne had done a great job for the Commission and would be missed very much.
Consideration of the Minutes
The 1/2/08 Regular Meeting minutes were accepted as amended. On page 3, first full paragraph, 4th line: Mr. Markert asked that "perhaps solicit opportunities" at the end of the sentence be deleted. Mr. Boling thought this might be a reference to the statement he had made that the Commission should be proactive in open space issues.
MOTION: To accept the 1/2/08 Regular Meeting minutes
as amended. By Mrs. Frank, seconded by Mr.
Boling, and passed 5-0.
Bowles/52 Carmel Hill Road/2 Lot Subdivision/Review of Open Space and Proposed Conservation Easement Language: Mrs. Corrigan recused herself because she is a neighbor. The map, "Site Analysis Plan," by Mr. Alex, revised to 1/2/08 was reviewed. Mrs. Payne noted this had been discussed at the last meeting and the Commission had determined that 1) the proposed open space was not contiguous to other open space, 2) the proposed location of the open space was not beneficial; it would serve a better purpose if located along the road as a buffer, and 3) a fee in lieu of open space would be appropriate in this case. Atty. Fisher did not agree. He said the proposed open space at the rear of the property was close to, although not adjoining, the open space on the Davenport property. Instead of open space along the front, he said Mr. Bowles proposed a deed restriction there so that anything other than a driveway would have to be located further back on the property. He added that the Planning Commission had agreed to this proposal. Mrs. Corrigan pointed out that there was a huge wetlands system at the rear of the property, so that it made sense biologically to protect that portion of the lot. Atty. Fisher also stated that Mr. Bowles was not a developer and could not afford to pay a fee in lieu of the open space requirement. Mrs. Payne pointed out that open space would be in perpetuity, but a deed restriction would not. She asked who would be responsible for monitoring the deed restricted area. Atty. Fisher said the owner of the adjoining property would have the right to enforce it. Mr. Boling asked if the deed restriction would be in place at the time the subdivision mylar was filed. Atty. Fisher offered to add the deed restriction as a note on the mylar and the commissioners agreed that this should be done. Mrs. Payne voiced her concern that since the front of the property would not be covered by the conservation easement, the traditional landscaping and existing stonewall would need protection. She asked if protective language could be added to the deed restriction. Atty. Fisher noted that the stonewalls in the front and between the two lots were boundary lines and so he thought the addition of such provisions was not necessary. Mrs. Payne noted that the Commission did not want to create a hardship for the property owner.
MOTION: Regarding the Bowles/52 Carmel Hill Road/2 Lot
Subdivision application; that the Washington
Conservation Commission is satisfied with the
boundaries and configuration of the proposed
open space as shown on the map, "Proposed Site
Development Plan, by Mr. Neff, revised to 1/3/08,
and with the additional deed restriction as
discussed at its 2/6/08 meeting subject to the
following conditions:
1. that the Commission review the proposed
conservation easement language and
2. that a note concerning the deed restriction
be placed on the mylar to be recorded on
the Town Land Records.
By Mr. Boling, seconded by Mrs. Frank, and
passed 4-0.
Mrs. Corrigan had recused herself because she is
a neighbor.
Atty. Fisher noted he had attempted to simplify the conservation easement language normally used by Steep Rock, Weantinogue, and others. Mrs. Payne and Mr. Boling advised him that they are working with members of the Planning Commission to draft model easements to simplify the process in the future. Mrs. Payne noted the proposed Bowles conservation easement language would be discussed later in the meeting.
Mrs. Corrigan was reseated.
Environmental Task Force: Mr. Davis, Washington Environmental Council President, spoke at length about the environmental task force being established in Town and he circulated an organizational draft sheet dated February 2008. He stated that the goals of the task force would include advising the Board of Selectmen and the Town on public environmental policies and coordinating the efforts of existing organizations in Town. He informed the Commission that the Board of Selectmen had set the following issues as its priorities: smart power, green architecture, recycling, night lighting, and invasive plants. Each of these topics was discussed and information presented on each. This included: 1) smart power: The goal will be to get 200 homes in Town to sign up to buy clean energy from clean vendors. The Town will receive a free solar panel valued at $10,000 when 100 homes have signed up. 2) green architecture: Mr. Davis said the flagship project could be the Primary School, but that this effort would encompass more than just school buildings. 3) recycling: Mr. Davis said recycling has stagnated at only 15% participation in Washington, while other surrounding towns have much higher percents. Opening the transfer station on Sunday afternoons, picking up trash weekly instead of bi weekly, trying experimental recycling bins such as those being tested elsewhere in the state, getting the schools to participate, and installing recycling containers in prominent locations around Town were ideas suggested to try to improve participation in Washington. All present thought the Town government and the schools should have a 100% participation rate. 4) night lighting: Mr. Boling noted that $17,000 had been spent on street lights last year and he recommended that the Town decommission all street lights not in commercial districts. Mr. Davis also recommended that caps and timers be used, which he noted would be expensive, but would pay off in only a few years. 5) invasive plants: Town projects to control invasives such as the recent efforts in New Preston along the river would be supported. Mr. Davis asked for a representative from the Conservation Commission to serve on the task force. Anyone with ideas or who would like to serve may contact Mr. Davis at elliot@nextwavefunds.com.
Water Resources Monitoring and Protection: Mr. Markert said he would continue to work with Mr. Davis on water testing.
Mr. Markert left the meeting at 5:57 p.m.
Bowles/52 Carmel Hill Road/2 Lot Subdivision/Conservation Easement Language: The following revisions to the proposed language were discussed. Page 3, 3b: Mrs. Frank asked that the phrase, "such as traditional, rural New England farm stonewalls" be added. Page 3, 4b: Mr. Boling said this point should be deleted. Page 3, 4c: Mr. Boling asked that the following phrase be added: "subject to review and approval by the grantee." Page 3, 4c: Mrs. Corrigan asked that the following be added: The right to plant and otherwise grow "native species that are indigenous to the region".... Mrs. Payne read a section from the Canning conservation easement, which Mr. Boling thought could replace 3b and 4b here. It was agreed that the right to use chemical herbicides for the removal of invasive species as defined by the State of Ct. should be permitted providing all regulations regarding their use would be complied with. Mrs. Hill was requested to forward these requested revisions to Atty. Fisher. Mr. Boling asked if the revised document would be sent to Atty. Miles for review. Mrs. Payne said it would.
New Preston Falls Project: Mrs. Payne noted the Village Improvement Society had plans to make improvements at the falls. The planting plan, "Town of Washington, 5 East Shore Road," by Mrs. Rabinowicz, dated 9/12/07 was reviewed. Mrs. Payne asked Mrs. Corrigan to review the proposed plant list. It was noted the plans call for getting the knot weed under control, taking out the trees growing in the dam, opening up a view of the falls, and doing a general clean up of the area, but that a manicured landscape was not the goal. It was thought that possibly a state grant and/or money from the greenways fund could be used for the herbicide application and tree removal.
Town Beach: Mrs. Payne reported that the plans are available in the Town Hall for public review and that a recent article in Voices had given a good summary of the proposal.
Nettleton Hollow Road Culvert Replacement: Mrs. Hill reported that the plans called for the placement of a natural bottom in the culvert, the restoration of the rip rapped portion of the streambanks to natural vegetation, and the installation of root wads to improve the habitat for fish. The commissioners voiced their concern about the new guardrails to be installed. Mrs. Payne recommended guardrails like those on Judd's Bridge Road in Roxbury. Mrs. Frank said that in the Kent Hollow Road/Rt. 341 area there were burnished square metal guardrails that would be appropriate to use on Nettleton Hollow Road. Mrs. Corrigan noted there are archeological sites along the Sprain Brook corridor and asked since the project is state funded, if the state archeologist would be present when the project was underway. She will contact the state archeologist.
Conservation Easement Process: Mrs. Payne reported that she and Mr. Boling had met with Mr. Frank and Ms. Gager from the Planning Commission to begin work on draft conservation easement forms.
Possible Mundy Property Consolidated School Site: Mrs. Payne thought that because Washington is part of the regional school district, it would be appropriate for the Conservation Commission to voice its opinion about the Mundy site. She thought it was an environmentally sensitive site that would be severely compromised by the construction of a school. Mrs. Corrigan agreed. She circulated copies of the editorial that had run in the Spectrum. Mr. Boling said he was concerned that a statement concerning this particular site could be misconstrued as a position on consolidation. It was the consensus not to issue a formal opinion at this time.
Cluster Development: Mrs. Payne, Ms. Gager from the Planning Commission, and a representative from the Zoning Commission will begin researching the issue of cluster development. Mrs. Payne noted this is referenced in the Plan of Conservation and Development as a method to manage growth.
Archeological Resources: Mrs. Payne and Ms. Gager will meet with the state archeologist on 2/29 to discuss how the protection of archeological resources can be written into the land use regulations.
Scenic Road Designation for Rt. 202: The Commission will discuss this matter at its next meeting.
"Kilowatt Ours": The Garden Club is sponsoring a seminar on smart power on 2/16 at the library and 2/21 at the Town Hall.
MOTION: To adjourn the meeting. By Mrs. Frank.
Mrs. Payne adjourned the meeting at 6:41 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill, Land Use Coordinator
Posted: January 18, 2008 January 10, 2008
Open Space Committee
Present: Chairperson Susan Payne, Charles LaMuniere, Joann Caldara, Chick Treadway, Phil DuttonGuests: Wayne Hileman, John Boyer
Susan Payne Chairperson called the meeting to order at 4:40pm.
Minutes: In looking over the minutes Charles LaMuniere amended the motion to read: .... There was discussion of the Housing Commission, Washington Housing Trust and Open Space Committee having conversation, on how to align goals and work together. This needs to be followed up on.
Motion: Joann Caldara made a motion to accept the minutes of the November 8, 2007 meeting of the Open Space Committee as amended, Susan Payne seconded the motion which passed unanimously.
Susan Payne introduced Wayne Hileman, Chairman of the Housing Commission whom she invited to the Open Space Committee meeting to give an update and thoughts on possible future pooling of resources. Wayne Hileman began by informing members that the Housing Commission oversees the affordable housing fund which presently has $175,000.00. Mr. Hileman described the Housing Commission as a more passive commission and went on to say that someone petitions the commission for funds, the Housing Commission does not use the funds. The Affordable Housing Fund was set up separate from the Open Space Fund, the Housing Commission accepts a request which then goes on to the Board of Selectmen, Board of Finance and finally to a Town Meeting. Charles LaMuniere suggested pooling funds from the Open Space Committee, Housing Commission and Washington Housing Trust. Chick Treadway asked Wayne if the Housing Commission was actively looking for affordable housing parcels. Wayne answered that the Housing Commission doesn't implement or build they are a research and development vehicle, a more passive role which steers people toward other resources. He went on to say that they are not an Affordable Housing Commission, they study all housing needs and spoke about the Affordable Housing Appeals Act and the point system for designated affordable housing units.
John Boyer arrived at 4:55pm.
Members went on to discuss a limited equity parcel program, which purchases a parcel of land that is then offered for building. This takes the high land price out of the equation; the parcel is leased to a person who acquires a mortgage to build a home on the land. Wayne Hileman spoke about the success the Town of Litchfield has had with this program they have done eighteen homes in the past twelve years. Looking at the town's planning and zoning regulation, they do a good job preserving farmland and forest but perhaps could be relaxed for single family housing development. Mr. Hileman understands the reluctance of the Zoning Commission to crack the door; he feels that ultimately it is all about the price of land. Mr. Boyer stated that under section 13 of the Zoning Regulations there is allowance for the Town of Washington or Non-Profit Sponsored Affordable Housing. He went on to suggest a price of $200,000.00, a cottage about 1500sq. ft. with price to include well and septic. Susan Payne told Mr. Hileman and Mr. Boyer that the Open Space Commission was going to look at Town owned land and land on the market. Wayne Hileman noted that there is no incentive to donate land for housing. Susan Payne asked what the present strategy is for the Washington Housing Trust. Mr. Boyer stated that they have a waiting list for all three of their properties Dodge Farm, Riverwoods and Church Street, they are refocusing on single family homes, and they have limited equity.
Wayne Hileman and John Boyer left the meeting at 5:30pm.
Members briefly discussed land acquisition, cultivating the Open Space Fund and doing their homework in the mean time.
Susan Payne reported on open space preservation in the Town of Washington during 2007. Figures included approximately 218 acres added in 2007, bringing the total to 5818 acres of permanently preserved open space in Washington. This would be 23.5% toward the Town's goal of 30%. Ms. Payne also made note of 6 farm properties along the ridge on the New Milford/Washington town line, she felt that the Town of New Milford was paying attention to these properties and they could impact Washington.
In closing Ms. Payne circulated a check list from the 2003 Plan of Conservation and Development and asked members to look it over to see what has been accomplished and what can be worked on, members will discuss at the February meeting.
Adjourned at 6:10pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Posted: January 6, 2008 January 2, 2008
Present: Susan Payne Chairperson, Kelly Boling, Linda Frank, Joe Gitterman, Philip MarkertGuests: Adelaide Roberts, Public
Susan Payne began the meeting by noting that regular members Linda Frank, Philip Markert and alternate member Elizabeth Corrigan were reappointed to the Conservation Commission for a three year term which runs until January 1, 2011 by the Board of Selectman.
Minutes of December 4, 2007: Ms. Payne made the following corrections to the minutes: on page 2, throughout replace Council with Counsel, on page three, fourth paragraph, add .... they spoke about development patterns and adopting regulations that accomplish what we want., page 3, under Other Business, line 2, replace step with steep.
MOTION: Phil Markert made a motion to accept the minutes of the December 4, 2007 meeting of the Conservation Commission as amended, Linda Frank seconded the motion, which passed by four votes with Kelly Boling abstaining because he was not present.
Election of Officers:
Motion: Joe Gitterman made a motion to elect Susan Payne as Chairperson and Kelly Boling as Vice- Chair, Linda Frank seconded the motion which passed unanimously.
Ms. Payne updated members on permanently preserved open space in the town of Washington through 2007, stating that Steep Rock Association had acquired 89 acres, Weantinoge Heritage Land Trust acquired 77 acres and the Town of Washington acquired 13.5 acres through set asides and easements. Susan calculated the permanently protected open space at approximately 23.5% presently in the Town of Washington. She went on to say that 136 acres in Roxbury/Washington was acquired by the Roxbury Land Trust, this is property belonging to Arthur Carter. Joe Gitterman asked about looking at a map showing preservation that includes surrounding towns. Susan Payne answered that the Litchfield Hills Greenprint is a good source. In closing Ms. Payne noted that Weantinoge Heritage Land Trust owns 277.5 acres of permanently protected open space in the Town of Washington.
Referrals or new projects:
Bowles, 52 Carmel Hill Road: The Planning Commission has a proposal for a subdivision for this property which will require open space set aside, Janet Hill noted that the maps calculations were incorrect. Members went ahead and commented on what was proposed, the set asides appear to be located on the north end of the property. Members were in agreement that the Planning Commission should ask for a fee in lieu of the proposed open space set aside. Adelaide Roberts, Chairperson of the Planning Commission addressed members saying the general rule for the Planning Commission open space set aside is that it should be contiguous with other open space parcels or preserve the roadscape. A discussion ensued between members and Ms. Roberts which included wetland/upland preservation, monitoring and asking for a fee in lieu of open space set aside. The Planning and Conservation commissions have started working together on procedures for acquiring conservation easements. Members remained in agreement that the Planning Commission should ask for a fee in lieu of open space set aside or move the open space to protect the roadscape. Kelly Boling suggested allowing septic and driveway to be located within the eased area.
Klein/Cannizzaro, 285 West Shore Road & Tinker Hill Road: This proposal is between sisters and is exempt from open space set aside. Members did note that there is a proposal for a conservation easement area to include Ash Swamp, the Planning Commission is holding a public hearing on this application tonight.
The Planning Commission has requested that commissions look at implementation of the 2003 Plan of Conservation and Development (POCD). Ms. Payne noted that Elaine Luckey had researched the 1993 POCD and found that quite a lot had been implemented. Ms. Roberts added that this being at midpoint it would serve as a check up to get a sense of what had been done and get suggestions from Land Use boards.
Members looked at what has been done to preserve rural character, enhance village centers, guide housing development and address other community issues within their commission.
Preserve Rural Character
Natural Resource Elements: members felt that through set asides wetland/watercourse and natural systems protection has been accomplished. Phil Markert will look into continued water testing through the Washington Environmental Council (WEC).
Open Space: an Open Space Committee has been established, a plan adopted and fund set up.
Scenic Resources: members worked with Zoning on ridgeline protection. A Scenic Road Ordinance was established and members are working toward Scenic Road status for a section of Route 202.
Agricultural Land and Farming: In supporting local agriculture Kelly Boling suggested the creation of a farmers market in the village center, other member's suggestions for the farm market were along Route 202, expand existing farm stands or at the Washington Primary School grounds. Susan Payne will address this with the selectmen.
Historical Resources: Susan Payne and Betsy Corrigan are working toward encouraging responsible archeological investigations.
Enhance Village Centers
Conservation Design Subdivisions: Members talked about cluster/conservation development. Phil Markert commented about the overlapping powers of the committees and how the Conservation Commission has only advisory powers. Communication between the commissions is key.
In closing Ms. Payne stated that the Conservation Commission will keep on top of resource protection and look for opportunities to use the Open Space Acquisition Funds. Mr. Markert commented that thus far this has been a reactive process instead of proactive, he felt priorities should be established, perhaps solicit opportunities. Members will revisit tax abatement for permanently protected open space. Kelly Boling offered to put together the application for scenic road designation for a section of Route 202. Phil Markert will check into water quality monitoring and Susan Payne and Betsy Corrigan will work on archeological resource protection.
Upcoming Events
January 7th @ 8:30pm joint meeting between Washington Zoning Commission & Planning Commission
January 12th @ 1:00pm educational forum "Responsible Tower Siting, It's More Than Aesthetics" , Cornwall Town Hall
January 29th workshop on roles and responsibilities of land use commissioners in Goshen
Members decided to maintain their goals from 2007:
Route 2020 Enhancement
Key properties/areas of Town to conserve/permanently protect
Strategies for land Preservation
TDR's (Transfer of Development Rights)
Municipal Tax Abatement for Conservation Easements
Conservation or Cluster Development
Adjourned at 6:50pm.
Next scheduled meeting of the Washington Conservation Commission is February 6, 2008 at 5:00pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Meetings in 2007