The Town of Washington, Connecticut
Minutes: Conservation Commission - 2009
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www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Conservation Commission - 2009 |
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Disclaimer: While we have attempted to reproduce them accurately, the electronic documents you see here are not the official public documents. Official copies may be obtained on paper from theTown Clerk . Also note that minutes of recent meetings are often not yet approved by the Commission, and are subject to correction.
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Posted: December 11, 2009 December 2, 2009
5:00 p.m. Land Use Mtg. Room
Members Present: Susan Payne, Kelly Boling, Phil Markert
Absent: Linda Frank, Diane Dupuis, Ric Sonder, Alt., Betsy Corrigan, Alt., Phil Dutton, Alt.,Dirk Sabin, Advisor
Staff Present: Shelley White
Guests:Susan Payne called the meeting to order at 5:15 p.m.
Seated: Susan Payne, Kelly Boling, Phil MarkertConsideration of the Minutes
The Minutes of the November 4, 2009 Conservation Commission Meeting were considered.Motion:
to accept the November 4, 2009 Regular Meeting Minutes of the Conservation Commission as submitted,
by Ms. Payne, seconded by Mr. Markert, passed by 2-0-1 vote. Mr. Boling abstained since he was not at the November meeting.108 New Milford Turnpike Update:
Ms. Payne stated that the remediation is scheduled for December 8th –10th. She stated that Russ Dirienzo would have a report to the Selectman’s Office by December 22nd. The Town is hoping to close on the property before the end of the year.
Subcommittee Reports
Cell Tower Update:
Mr. Markert stated that he and Ms. Dupuis attended the meeting with Selectman Lyon and SBA’s Attorney, Carrie Larson Friday at 9:30 on November 13, 2009 in the Land Use Meeting Room. Mr. Markert stated that Ms. Dupuis presented her case that the Town of Washington’s Conservation Commission’s opinion is that it is not a good idea to proceed with this application as SBA does not have a piece of property that is a viable site because of the driveway and easement issues and some of the property owners are not in agreement of this site. Ms. Larson stated that the driveway issue was between the landowners. Mr. Markert stated that he has talked with a consultant regarding the technical aspects of locating cell towers in towns with terrain like Washington. Ms. Payne stated that Selectman Lyon received a letter from the Connecticut Siting Council, dated November 20, 2009 regarding his request for a Telecommunications Coverage Assessment of Washington (on file in Land Use Office). Mr. Markert stated that he would send a letter to the CSC thanking them for their response to Selectman Lyon’s inquiry, asking that they represent the Town of Washington as well as proposing regular meetings with a technical group from the CSC and a group of people from the T.O.W. to develop a cell phone coverage plan. Ms. Payne opened a letter to Ms. Dupuis, from the CSC, dated November 30, 2009, stating that they had not received an application for a telecommunications facility located on Couch Road, in Warren, CT, and that they would keep her letter on file under the appropriated docket, when the application is made. Mr. Boling discussed how WiFi networks could improve the cell phone coverage in the Depot and he volunteered to email Selectman Lyon discussing this option.Decommission Extraneous Town Street Lights:
Mr. Boling stated that he researched how much the Town spends operating streetlights. He stated that he believed that eliminating certain lights around Town that are not needed would save the Town money and decrease light pollution. The Commissioners discussed how they should obtain a map of existing streetlights, and then consulting Selectman Lyon and the Police to discuss which ones are necessary and which ones could possibly be eliminated.Conservation Design Subdivisions:
The Conservation Commission is still circulating the Arendt books.
New Business
There was a brief discussion regarding clear cutting of trees and ridgeline protection. The Commissioners discussed the possibility and usefulness of a three dimensional topographical map of the Town of Washington.
Other Business
The Commissioners briefly discussed the progress of the Town Beach.Motion: to adjourn by Ms. Payne.
Ms. Payne adjourned the meeting at 5:42 pm
Submitted subject to approval,
Posted: November 6, 2009 November 4, 2009
5:00 p.m., Land Use Mtg. Room
Members Present: Susan Payne, Linda Frank, Diane Dupuis, Phil Markert, Betsy Corrigan, Alt., Phil Dutton, Alt.
Absent: Kelly Boling, Ric Sonder, Alt., Dirk Sabin, Advisor
Staff Present: Shelley WhiteSusan Payne called the meeting to order at 5:00p.m.
Seated: Susan Payne, Linda Frank, Diane Dupuis, Phil Markert & Betsy Corrigan, Alt.
Consideration of the Minutes
The Minutes of the October 7, 2009 Conservation Commission Meeting were considered.
Corrections:
Under Cell Tower Update, 2nd sentence should read: She (Ms. Dupuis) stated that she was concerned with the lack of communication from the Board of Selectmen and the lack of posting the cell tower discussion on their agenda.
3rd sentence should read: Ms. Payne read an email that was sent to Derek Phelps of the Siting Council…
8th sentence should read: She stated that the Town’s available coverage couldn’t be gauged if the available services are not up and operational.Motion:
to accept the October 7, 2009 Regular Meeting Minutes of the Conservation Commission as corrected,
by Ms. Dupuis, seconded by Ms. Corrigan, passed by 5-0 vote.
108 New Milford Turnpike Update
Ms. Payne stated that there was a newspaper article that stated the Town of Washington has purchased this property. She wanted to clarify the Town has not purchased the property but they are under contract and that the remediation is scheduled for the week of November 9th.
Subcommittee Reports
Cell Tower Update:
Ms. Payne stated that an application for a proposed cell tower site at 49 Couch Road. . Selectman Lyon will be meeting with SBA’s Attorney, Carrie Larson Friday at 9:30 on November 13 and Ms. Dupuis is planning on attending. Ms. Payne stated that it was quite a challenge working with Ms. Larson with the previous application on the Tanner Farm property and that “she was very manipulative and we (the Conservation Commission) thought she was not forthright.” Ms. Dupuis distributed a map titled Preliminary Viewshed Analysis, Proposed SBA Towers II, LLC. Telecommunications Facility, Warren, 49 Couch Road, Warren Connecticut (on file in the Land Use Office). Ms. Dupuis stated that this Couch Road application is a continuation of the application from the Tanner Farm site. She explained that the viewshed with this site is worse. Ms. Dupuis stated that there are environmental issues and that Couch Road is a scenic road. She stated that there are legal issues in that the driveway (access to this property) crosses three easements, some of the property owners are not in agreement and were not notified of this tower site. She stated that another property owner was not in agreement of the driveway cut. Ms. Dupuis stated that it is her opinion that the C.C. pass a resolution that until these legal issues are resolved that this application should not be allowed to proceed. She stated that this application would be brought to the attention of the Attorney Generals Office as it has the same legal issues as the application for the Tanner Farm cell tower application and more. Ms. Dupuis stated that she feels the Department of Agriculture will probably get involved because the proposed cell tower site is 100 feet off property that they own. There was a short discussion regarding coverage. Ms. Dupuis stated that, when asked, the telecommunication companies have not given definitive answers to the question of coverageMotion:
to draft a letter to the Board of Selectman, SBA, AT&T, Verizon, the Attorney General & Governor Rell on behalf of the Conservation Commission, rejecting the SBA application to site a cell tower located at 49 Couch Road as it violates property owners rights and until outstanding legal issues among property owners are resolved,
by Ms.Dupuis, seconded by Ms. Frank, passed by 5-0 vote.Motion:
to have Phil Markert draft a letter, on behalf of the Conservation Commission, to the Connecticut Siting Counsel addressing the legal issues regarding the SBA application for siting a cell tower at 49 Couch Road, noting the letter from AT&T regarding their non operational status on the Washington Tower previously approved in 2007 and reinforcing the Board of Selectmen’s letter to Derek Phelps of the C.S.C requesting that they provide assistance in developing a telecommunication assessment coverage plan within the town of Washington,
by Mr. Markert, seconded by Ms. Dupuis, passed by 5-0 vote.Archaeological Resource Protection Map:
Ms. Corrigan stated that State Archaeologist, Nick Bellantoni was finished with the Archaeological Sensitivity Map. Ms. Corrigan volunteered to schedule a time to have Dr. Bellantoni come and present the map to the land use commissions.Best Development Practices Brochure:
Mr. Dutton distributed a draft of Best Development Practices: Stone Walls. He suggested that the members of the C.C. take it home and provide feedback. There was a discussion regarding public outreach that would provide guidance to property owners as well as builders and developers. There was a brief discussion regarding the process of revising zoning regulations.Greenway Committee:
Ms. Payne stated the Greenway Committee would meet again in March of 2010.Natural Diversity/Critical Habitat Resources Map Update:
Ms. Corrigan stated she would be meeting with Janet Hill, Land Use Administrator and Addie Roberts, Chairperson of the Planning Commission to discuss Natural Diversity/Critical Habitat Resources Map the week of November 9, 2009.Conservation Design Subdivisions:
Mr. Markert suggested that the Arendt books be passed around the C.C. and regroup once people familiarize themselves with the concepts.
Other Business
Annual Report:
Ms. Payne asked the Conservation Commission if they had a chance to review the draft of the annual report she circulated. Ms. Corrigan submitted some additions.
Ms. Frank showed picture of the progress of the Town Beach Renovation.
Ms. Payne recommended that others look into the Pomperaugh River Watershed Coalition website.
There is an interesting discussion regarding drought management.Motion: to adjourn by Ms. Payne.
Ms. Payne adjourned the meeting at 6:40 pm
Submitted subject to approval,
Shelley White, Land Use Clerk
Posted: October 14, 2009 October 7, 2009
5:00 p.m., Land Use Mtg. Room
Members Present: Susan Payne, Kelly Boling, Linda Frank, Diane Dupuis, Phil Markert, Betsy Corrigan, Alt., Phil Dutton, Alt.
Absent: Ric Sonder, Alt., Dirk Sabin, Advisor
Staff Present: Shelley White
Guests: Rocky TomlinsonSusan Payne called the meeting to order at 5:05p.m.
Seated: Susan Payne, Linda Frank, Kelly Boling & Diane Dupuis, Phil Markert
Consideration of the Minutes
The Minutes of the July 1, 2009 Conservation Commission Meeting were considered.
Motion:
To accept the July 1, 2009 Regular Meeting Minutes of the Conservation Commission as submitted,
by Ms. Frank, seconded by Mr. Boling, passed by 5-0 vote.The Minutes of the September 2, 2009 Conservation Commission Meeting were considered.
Corrections:
Under 108 New Milford Turnpike Update,
5th sentence should read: Selectman Lyon stated that the Town and Washington Partners were in negotiation when the deposit….Under Cell Tower Update,
1st sentence should read: Ms. Dupuis discussed the final decision of the siting council regarding SBA’s withdrawal of their Application, their mooting of the appeals and the possible siting of a cell tower…
2nd sentence should read: She stated there has not been any new information regarding this possible site.
After 5th sentence, insert: Ms. Dupuis replied that the Town of Washington has very good regulations regarding tower siting.
2nd to last sentence should read: Ms. Dupuis stated the Cell Tower Subcommittee reviews an application.Motion:
To accept the September 2, 2009 Regular Meeting Minutes of the Conservation Commission as corrected,
byMr. Boling, seconded by Ms. Frank, passed by 5-0 vote.
108 New Milford Turnpike Update
First Selectman Mark Lyon resent the deposit check to Washington Partners, LLC. Washington Partners, LLC are working on getting the contractors to the site in order to finish the work for the environmental assessment.
Subcommittee Reports
Cell Tower Update
Ms. Dupuis brought to the Commission’s attention to the article titled “Residents, Officials Share Concerns About Cell Tower,” by Tammy McVey-Cammilleri, in Voices on 10/7/09. She stated that she was concerned with the lack of communication from the Connecticut Siting Council.Ms. Payne read a letter that was sent to Derek Phelps of Siting Council on October 1st, from the Board of Selectmen on behalf of the Town of Washington, requesting the Connecticut Siting Council’s assistance in developing a telecommunication assessment coverage plan within the Town of Washington. Ms. Payne stated that Mr. Tomlinson took his request regarding providing coverage for emergency purposes in the Town of Washington to the Board of Selectmen and this letter to the C.S.C was a direct result of his request.
There was a discussion among the Conservation Commissioners and Mr. Tomlinson regarding the C.S.C.’s mandate. Ms. Dupuis stated that the C.S.C. must consider the Town’s Zoning Regulations regarding cell tower siting and believes that the C.S.C. mission is run by the telecommunications industry, which is why the Attorney Generals Office is pursuing them. Ms. Dupuis questioned why AT&T was not up and operational on the cell tower on Route 202 in Marbledale. She stated that the Town’s available coverage couldn’t be gauged if the available services are not up an operational.
Mr. Boling stated that working with the C.S.C. to develop a coverage plan would be a great opportunity to address these issues responsibly.
Ms. Frank stated she wrote Steve Wadleton, Town Webmaster, suggesting that a map be put on the Town website in which residents would email Mr.Wadleton and tell him where in town they receive cell service and what carrier is providing their service and it would be indicated on this map. There was a discussion regarding other factors that could be included. She stated it could be a tool for a variety of people.
Mr. Boling suggested that the Conservation Commission request that the Board of Selectman contact and invite all Land Use Commissions to participate in whatever Siting Council activity comes up. Ms. Payne stated she would write a letter to the B.O.S. with this request but have the C.C. look at it before sending it.
Best Development Practices Brochure:
Mr. Dutton stated that he is working on incorporating some more information into the brochure. He also stated that once all the information is incorporated it would need to be condensed. Ms. Payne stated the brochure should be put on the Town website. The C.C. agreed it would be a good idea to inform the residents of the Town of Washington in the next Town Newsletter that this would be available on the website.Greenway Committee:
Ms. Payne stated she was not able to attend the last meeting. She stated that the Greenway Committee did clean up around the plantings along the walking path near Washington Primary School.DOT – Route 202 Scenic Road Application:
Ms. Payne stated there is an application into the Planning Commission to designate West Mountain Road as a Scenic Road. She stated that there has not been any response from the State of Connecticut Department of Transportation regarding the Route 202 application. There was a discussion regarding why the D.O.T. would be holding up its decision.Ms. Corrigan suggested that Romford Road be looked into as a possible candidate for a scenic road. Mr. Markert asked if the roads that run through the Historic Districts be automatically considered for scenic road designation. Ms. Payne stated they would have to go through the process.
Natural Diversity/Critical Habitat Resources Map Update:
Ms. Corrigan stated that this was a draft and that she mapped the known habitat areas and the areas that could be of potential ecological importance. She stated she is hoping that the map could be used as a tool in land use as another layer to the screening process of future development. She explained how she collected the data for the map.The Commission agreed that it would be beneficial to have an overlay of lot lines and existing open space. Ms. Payne stated it would be a good idea to encourage the Land Use Office to use this map and to keep in mind that it would always be a work in progress as things are always changing.
Mr. Markert asked how the Land Use Office would use this. Ms. Payne stated that hopefully they would check the map upon receiving an application and use it as a filter and then refer the applicant to the Conservation Commission.
There was a discussion as to what the process would be. Ms. Corrigan stated that she would go to the printer and try to get the lot lines overlay done and then take the map to the Land Use Office and explain how it should be used.
Conservation Design Subdivisions:
Mr. Markert stated that he thought it would be a good idea to get the Arendt books around, and then find someone to advise the subcommittee.
Old Business
Conservation Easement Model:
The Conservation Commission considered the draft of the Deed of Conservation Restriction.Motion:
to approve the model conservation easement as submitted,
by Ms. Dupuis, seconded by Ms. Corrigan, passed by 7-0 vote.
Other Business
Mr. Boling drafted a letter Joseph Marie, Commissioner, Connecticut Department of Transportation, proposing a foot/bike lane on Route 45 between New Preston Village and Lake Waramaug. Ms. Payne stated she would email the letter and they could back to her with any editing suggestions or comments.There was a brief discussion regarding the progress of the Town Beach Renovation.
Ms. Payne stated that the Annual Report is due. She will draft it and send it around for editing.
There was a brief discussion regarding town planning and regulations.
Motion:
to adjourn by Ms. Payne.Ms. Payne adjourned the meeting at 6:35 pm
Submitted subject to approval,
Shelley White, Land Use Clerk
Posted: September 11, 2009 September 2, 2009
5:00 p.m., Land Use Mtg. Room
Members Present: Susan Payne, Kelly Boling, Linda Frank, Diane Dupuis, Dirk Sabin, Advisor
Absent: Phillip Markert, Ric Sonder, Alt. Betsy Corrigan, Alt., Phil Dutton, Alt.
Staff Present: Shelley White
Guests: Mark Lyon, 1st Selectman, Rocky TomlinsonSusan Payne called the meeting to order at 5:00p.m.
Seated: Susan Payne, Linda Frank, Kelly Boling & Diane Dupuis
Consideration of the Minutes
The Minutes of the July 1, 2009 will be reviewed at the October 7th Conservation Commission Meeting.108 New Milford Turnpike Update
First Selectman Mark Lyon was present to update the Commission on the potential purchase of this parcel. He stated that there had been a Phase I and Phase II Environmental Study performed on the property. The Phase II study was performed in a limited area of unnatural fill in which they found buried debris and an area of minor hydrocarbon contamination. LFR Principal Geologist Russell Dirienzo recommended that the Town ask the seller to remove all surface debris and further excavate the area of unnatural fill. Selectman Lyon stated that the Town and Washington Partners were in remediation when the deposit on the property was returned to the Town. Selectman Lyon sent a letter to Washington Partners, the seller, stating that the Town of Washington is still interested in the property but the Town is bound by a vote taken at the Town Meeting to purchase a property that has a satisfactory environmental report. Selectman Lyon asked that Washington Partners contact him if they are interested in working together to complete this transaction.Cell Tower Update
Ms. Dupuis discussed the possible siting of a cell tower on the Waldron property on Couch Road. She stated there has not been any progress regarding this site. Ms. Payne stated that at the July Meeting of the Conservation Commission Mr. Rocky Tomlinson stated there is a Connecticut State Public Act No. 04-226 that states the Connecticut Siting Council will provide a municipality technical assistance in preparing a plan to site cell towers. Ms. Payne stated that is not something the Siting Council has done with the Town of Washington. Mr. Tomlinson suggested that there should be a subcommittee that would work with the industry to develop a plan for coverage in the Town of Washington. Mr. Tomlinson stated he thought the Conservation Commission made decisions as to where a cell tower was placed. Mr. Boling assured Mr. Tomlinson that the Conservation Commission does not have any regulatory responsibility and is only involved with cell tower placement if there is a Conservation issue. Ms. Dupuis stated the Cell Tower Subcommittee meets when an application is presented. Ms. Payne stated she would talk with Selectman Lyon regarding Mr. Tomlinson’s suggestion.DOT – Route 202 Scenic Road Application:
Ms. Payne stated she has not heard anything from the State of Connecticut Department of Transportation.Beautification /Plantings at Town Beach
Ms. Payne stated that she and Ms. Frank went to the Town Beach. The Conservation Commission looked at the Town of Washington, Proposed Renovations at the Town Beach, Landscaping Plan, dated 6/23/09, by Mr. Dirk Sabin, Landscape Architect. Ms. Frank stated that Ms. Payne suggested a table structure be built over the well cover. Ms. Frank stated she was concerned with the line of visibility from the lawn for parents watching their children in the water. Mr. Sabin stated the proposed plan improves the view into lake from the intersection of Flirtation, West Shore & East Shore Road. He stated the plantings are based on State mandated NPDES (National Pollutant Discharge Elimination System) Regulations. He explained how the plantings work with the filtration system. There was a discussion regarding the proposed location of the swing set. Mr. Sabin stated that they would do some of the planting in the fall, depending on the weather, and some in the spring of next year. Ms. Dupuis stated that she felt that keeping the lawn space is important. They discussed the type and location of fencing and parking.Natural Diversity/Critical Habitats Resource Map
Ms. Corrigan submitted a draft of the Critical Habitats, Known and Potential Areas. The Conservation Commission would discuss the map with Ms. Corrigan at the October 7th Meeting.Referrals
There were no new referrals. The Conservation Commission looked at the Proposed Site Plan for Susan Rowe, 44 Kielwasser Road, 2 Lot Subdivision, by Brian Neff. No action was required.Subcommittee Reports
Conservation Design Subdivisions:
Ms. Payne stated that Mr. Sonder did some work with the Planning and Zoning Regulations. She stated that Mr. Sonder feels that there is some “good information in the regulations that are not necessarily being applied.”Local Scenic Roads
Ms. Frank stated she had made some calls regarding Popple Swamp Road and that she would follow up on that. Ms. Payne stated that she would look at the list of roads that were recommended for Scenic Road Designation and the Conservation Commission could discuss it at the October Meeting.Old Business
Conservation Easement Model:
It was the consensus of the Conservation Commission that Ms. Payne and Mr. Boling would go over the comments from Attorney Miles and bring it back a final draft to the Conservation Commission. Ms. Payne stated Ms Corrigan emailed her with a concern regarding including herbicide use in the Conservation Easement Model. It was confirmed that under Grantor’s Reserved Rights, section 3.4 “allows the use of chemical herbicides when non-chemical eradication methods are impractical or ineffective.”Other Business
Ms. Payne informed the Conservation Commission that the Malkin Conservation Easement has been recorded.There was a brief discussion on clear cutting and ridgeline regulations.
Ms. Payne stated that the Inlands Wetlands Commission would be looking at the affordable housing application for the Wykeham Rise site in the coming week.
Motion:
to adjourn by Ms. Payne.Ms. Payne adjourned the meeting at 6:30 pm
SUBMITTED SUBJECT TO APPROVAL,
Respectfully submitted,
Shelley White
Land Use Clerk
Posted: July 10, 2009 July 1, 2009
5:00 p.m., Land Use Mtg. RoomMembers Present: Susan Payne, Kelly Boling, Phillip Markert, Linda Frank, Ric Sonder, Alt. Diane Dupuis, Betsy Corrigan, Alt., Phil Dutton, Alt.,
Absent: Dirk Sabin, Advisor
Staff Present: Shelley White
Susan Payne called the meeting to order at 5:00p.m.
Seated: Susan Payne, Phil Markert, Linda Frank, Kelly Boling & Diane DupuisConsideration of the Minutes
The Minutes of the June 3, 2009 meeting were considered. Motion: to accept the June3, 2009 Regular Meeting Minutes of the Conservation Commission as submitted, by Ms. Frank, seconded by Mr. Boling, by 5-0 vote.Cell Tower Update – Docket 378
Ms. Dupuis stated that SBA withdrew their application for a cell tower on the Tanner Farm on Rabbit Hill. SBA had made a motion to put the hearing on hold while they explore possibilities of siting a cell tower on another property in the area. Ms. Dupuis stated the trial was not put on hold. Ms. Dupuis stated many motions were filed. The Conservation Commission for the Town of Washington filed a motion to have the Siting Council make a decision to not allow cell towers to be sited on farmland. Ms. Dupuis stated the hearing would be continued on July 16th. There was a discussion regarding the possible siting of a cell tower on the Waldron property on Couch Road.108 New Milford Turnpike Update
Ms. Payne stated the Environmental Assessment Report has been submitted to the owners of the property. Ms. Payne stated that the Town of Washington is waiting to hear back from the owners and that remediation would need to take place. There was a discussion regarding who would perform the clean up and how that would affect the price of the property.DOT – Route 202 Scenic Road Application:
Ms. Payne stated she has left messages with Ms. Kissane, Transportation Assistant Planning Director, of the State of Connecticut Department of Transportation and is waiting to hear back from her.Archaeological Resource Protection in Town Regulations
Ms. Corrigan stated that Nick Bellantoni, State Archaeologist, is working on the Archaeological Sensitivity Map. She stated that the Planning Commission would not make a definite decision on the procedure of reviewing site plans until they see the map.Referrals
There were no new referrals.Subcommittee Reports
Best Development Practices Brochure:
Mr. Dutton distributed the information, titled Stonewall Preservation in the Town of Washington (on file in the Land Use Office). He stated there are not a lot of regulations in New England that protect the stonewalls but that some towns promote preservation by having language tied in with their Historic District, Scenic Road and Subdivision regulations. There was a discussion regarding how stonewall regulations would be enforced. Ms. Corrigan stated it was important to educate the public. Mr. Dutton suggested guidelines could be published in the Best Development Practices Brochure but it would be more effective if it were a part of municipal legislation. Mr. Dutton volunteered to work on a pamphlet that would include guidelines for streamside buffers and stonewalls. There was a lengthy discussion regarding the process of changing zoning regulations.Conservation Design Subdivisions:
Mr. Markert stated that he believes that open space zoning ties the elements of schools, open space and affordable housing together and that it would be the way to move forward with the change of regulations. He stated he purchased and read Growing Greener – Putting Conservation Into Local Plans and Ordinances and Conservation Design for Subdivisions – A Practical Guide To Creating Open Space Networks written by Randall Arendt. Mr. Markert discussed Randall Arendt wants people to realize the economic potential of their land while maintaining the rural look and controlling population density. Mr. Markert asked that the books be passed around to all members of the Conservation Commission. Ms. Corrigan asked if Arendt included a habitat component. Mr. Markert stated there was and read some excerpts from the book. There was a discussion of the possibility of the Conservation Commission having a workshop with Mr. Arendt.Greenway Committee Activities:
Ms. Payne stated the Greenway Committee would meet September 8th, 2009.Local Scenic Roads
There were no current proposals. Mr. Sonder asked that the members consider what role the Conservation Commission should have in initiating scenic road proposals. Ms. Payne stated she would put this discussion on the agenda for the September 2, 2009 meeting.Old Business
Conservation Easement Model:
Ms. Payne asked that the members of the Conservation Commission read Attorney Miles comments regarding the Conservation Easement Model and forward their thoughts to her and Mr. Boling.Other Business
Town of Washington Beach:
The members of the Conservation Commission looked at the Landscaping Plan for the Town of Washington Beach, by Dirk Sabin, Landscape Architect, dated 6/23/09. They discussed the proposed planting plan at length. Ms. Payne stated she would talk to Selectman Lyon regarding the recommendations and concerns of the Conservation Commission with regard to this plan.Route 45 –Retaining Wall Reconstruction:
Mr. Boling stated he attended the meeting with the State Department of Transportation regarding the reconstruction of a retaining wall on Route 45 between the Town Beach and New Preston Village. He asked the D.O.T. if there was any consideration given to include a pedestrian and bike access along this section of road. The D.O.T. stated that they had not considered it. Mr. Boling asked what the life span of this structure would be. The D.O.T replied that it has an estimated life span of fifty to seventy-five years. There was a discussion as to how a foot/bike path could be accommodated on such a narrow road. The C.C. agreed Mr. Boling should draft a letter requesting that a foot/bike path be considered.It was agreed the Conservation Commission would not have a meeting in August and reconvene September 2, 2009.
Motion: to adjourn by Ms. Payne.
Ms. Payne adjourned the meeting at 6:40 pm
SUBMITTED SUBJECT TO APPROVAL,
Respectfully submitted,
Shelley White
Land Use Clerk
Posted: June 12, 2009 June 3, 2009
5:00 p.m., Land Use Mtg. Room
Members Present: Susan Payne, Kelly Boling, Phillip Markert, Linda Frank, Ric Sonder, Alt.
Absent: Diane Dupuis, Betsy Corrigan, Alt., Phil Dutton, Alt., Dirk Sabin, Advisor
Staff Present: Shelley White
Guests: Colleen Kissane, Mike Calbrese, Bruce Villwock, Rob Clapper, Robert Tomlinson, Mark Lyon, First SelectmanSusan Payne called the meeting to order at 5:05 p.m.
Seated: Susan Payne, Phil Markert, Linda Frank, Kelly Boling & Ric Sonder, Alt.
DOT – Route 202 Scenic Road Application:
Mr. Boling introduced Ms. Kissane, Transportation Assistant Planning Director, of the State of Connecticut Department of Transportation. Ms. Kissane, Mr. Villwock, Mr. Clapper and Mr. Calabrese were present to represent the Department of Transportation. Ms. Kissane explained the process of how a road becomes a designated scenic road. She submitted criteria for Designation of Scenic Highways and a list of Connecticut State Scenic Roads (on file in the Land Use Office). She stated that sections of the 4.1 miles that the Town of Washington submitted in the application met the criteria. She stated she and her fellow D.O.T. counterparts were in agreement that the section of road starting at the New Preston Falls and to Rabbit Hill met the criteria of a scenic road but, Joseph Marie, Commissioner, has to make the final decision. Mr. Boling stated the Conservation Commission is open to any suggestions the D.O.T. has for beginning and ending points of the scenic road designation. Ms. Kissane suggested including Route 45 through the village of New Preston and ending at Rabbit Hill. She stated a letter would need to be sent to the D.O.T. stating that the Conservation Commission would like to include this section of road with this application. She stated the D.O. T. has a concern of possible development at the 108 New Milford Turnpike Property. Ms. Payne stated the Town is in the process of buying the property contingent upon an environmental review. Mr. Lyon stated they are at the second step of this environmental review. Ms. Frank stated it would bring traffic through the center of New Preston, which would be good for business.Motion: to draft a letter to the State of Connecticut Department of Transportation requesting the nomination for Scenic Road be amended to include the intersection of Route 45 and Route 202 to the existing Scenic Road sign on Route 45 at Flirtation Avenue, by Mr.Boling, seconded by Ms. Frank, by 5-0 vote.
Consideration of the Minutes
The Minutes of the May 6, 2009 meeting were considered.
Corrections
Page 3: Under Best Development Practices Brochure:, 2nd sentence should read: Mr. Dutton stated he would start drafting a letter about stonewalls.Motion: to accept the May 6, 2009 Regular Meeting Minutes of the Conservation Commission as amended, by Ms. Frank, seconded by, Mr. Sonder, by 5-0 vote.
Cell Tower Update
Ms. Payne stated she and Ms. Dupuis attended the Connecticut Siting Council’s Evidentiary Hearing in New Britain, yesterday June 2nd. Ms. Payne stated the CSC website has everything documented on their website. The hearing was continued to possibly sometime in August. Ms. Payne stated that the office of Attorney General Richard Blumenthal wrote a letter to CSC opposing both sites on the Tanner Farm.Mr. Robert Tomlinson of the Town of Washington’s Emergency Management stated he has come to the Conservation Commission to seek guidance. He stated, from an emergency perspective, cell phone service coverage is very important and the town needs to work with the telecommunication companies and the Connecticut Siting Council to find and locate these cell towers appropriately. Mr. Markert stated the Conservation Commission’s Cell Tower Subcommittee had previously asked a telecommunication company to show their plans as to where they would locate cell towers in Washington and this company stated they had no interest in Washington except for the Route 202 corridor. Mr. Markert stated that when they talked to the telecommunications company about what it would take to cover the Town of Washington they did not show any interest in talking with the Cell Tower Committee. Mr. Tomlinson stated it was his understanding that the Connecticut Siting Council could help the towns by providing municipal plans. Mr. Tomlinson referred to Public Act No. 04-226 Section 3, which states that the CSC “shall provide technical assistance to the municipality in preparing a plan.” Mr. Tomlinson stated the radio system that the Town of Washington uses works well but the need for the public to have cell service to contact emergency services, if necessary, is the main concern. The Conservation Commission agreed that they would discuss this issue and keep Mr. Tomlinson informed of their progress.
108 New Milford Turnpike Update
Ms. Payne informed the commission that Russ Dirienzo did an environmental review on the property and the results have been sent to Washington Partners LLC. She stated the Selectmen’s Office is waiting to hear back from Washington Partners LLC and hopefully there will be more information for the next C.C. meeting.Archaeological Resource Protection in Town Regulations
Ms. Payne stated the Planning Commission is reviewing the revisions and will get back to the Conservation Commission with their comments.Referrals
Ms. Payne stated she has talked with Mike Ajello, ZEO, and he informed her there will be a public meeting on June 9 at 7pm at the Town Hall to discuss plans to rebuild a portion of East Shore Road.
Subcommittee Reports
Conservation Design Subdivisions:
Ms. Payne stated the people of the subcommittee would like to meet again. She stated she would have more information about the subcommittee at the next C.C. meeting.Greenway Committee Activities:
Ms. Payne stated the Greenway Committee would be taking a sabbatical this summer and would meet September 8th, 2009.
Old Business
Conservation Easement Model:
Ms. Payne stated she talked with Attorney Miles and will have his comments to the Conservation Commission in time for the July 1, 2009 meeting.Motion: to adjourn by Ms. Payne.
Ms. Payne adjourned the meeting at 6:15 pm
SUBMITTED SUBJECT TO APPROVAL,
Respectfully submitted,
Shelley White
Land Use Clerk
Posted: May 17, 2009 May 6, 2009
5:00 p.m., Land Use Mtg. Room
Members Present: Susan Payne, Kelly Boling, Phillip Markert, Linda Frank, Diane Dupuis, Ric Sonder, Alt., Betsy Corrigan, Alt., Phil Dutton, Alt. Absent: Dirk Sabin, Advisor Staff Present: Shelley White Guests: Nick Bellantoni, State Archaeologist, Dick Carey, Paul Frank, Addie Roberts, Janet Hill, Dimitry Rimsky, Chris Charles,
Susan Payne called the meeting to order at 5:05 p.m.
Seated: Susan Payne, Diane Dupuis, Phil Markert, Linda Frank & Betsy Corrigan, Alt.
Archaeological Resource Protection in Town Regulations:
Ms. Corrigan introduced Dr. Bellantoni, Connecticut’s State Archaeologist. She stated Dr. Bellantoni was here to answer any questions and explain how other towns in the state use regulations to protect their archaeological and historical resources. Dr. Bellantoni stated the State of Connecticut provides enabling statutes to the municipalities for the protection of cultural resources and the municipalities decide what they want to do within their communities. He explained the State of Connecticut would work with municipalities to help establish procedures and regulations that fit with that specific town’s needs in order to protect and preserve the historical and archaeological resources in the town. Dr. Bellantoni stated that 55 Connecticut municipalities now have procedures and regulations in writing to help protect these resources and that the procedures are different for each town. He stated approximately 80% of the projects he reviews from the towns do not need work because they do not fall into sensitive areas of archaeological or historic significance. He stated approximately 20% of the projects require that a procedure be invoked to allow the project to continue and avoid and protect the resource. He stated it would be most cost efficient to review the project before the design phase so the project could be designed to avoid the area of sensitivity. Dr. Bellantoni explained the state archaeologists 3-phase survey process. A Phase 1 Survey would require shovel test pits. The test pits would provide information as to whether the site is archaeologically significant and the boundaries of the site. Then there would be a Phase 2 Survey if there were significant findings. The Phase 2 survey would entail larger areas of excavation around the test pits and the perimeter of the entire site to determine if it is a significant site. That would be based on the criteria of the National Register of Historic Places. The Phase 3 would entail data recovery. If the project could not be moved or the area could not be avoided the State would excavate a sample of the site to have a record of the historical activities and the project could resume. Dr. Bellantoni stated archaeological sites ‘are like endangered species’ because the state is losing them due to the lack of regulation. He stated Washington, CT has 28 archaeological sites listed in the State files. He stated there is already a database for Washington, CT and the G.I.S system could overlay the environmental & topographic information and the areas of known archaeological significance and quantify this information to produce a map that would indicate levels of potential archaeologically sensitive areas. This map could serve as a tool for the town and the applicant. Dr. Bellantoni recommended whatever procedure is put to use that it be clear to the applicant as to how the procedure works. Dr. Bellantoni state the Town of Washington has the oldest radiocarbon dated archaeological sites in the state. He suggested that the Town of Washington consider including protection of cemeteries. Ms. Hill stated the town does not have the authority to enforce an applicant to go to the State Archaeologist Office before there is an application. Dr. Bellantoni explained he was referring to the fact that in his years with the State, he has found that people, such as developers, will come to him during the planning process and then go to the town. Ms. Hill asked Dr. Bellantoni if he would prefer that all subdivision applications get forwarded to his office or that the applicant use a sensitivity map in the Land Use Office and they could determine whether a portion of the property is in a sensitive area and then send it to the State. Dr. Bellantoni stated it would be up to the Town to decide its procedure. He stated his office could look at the plans and have a decision within two weeks. The other alternative would be to direct the applicant to send a copy to the state archaeologist as part of the application process and the State would be able to determine whether it was in a sensitive area using the most current and updated database. Mr. Boling asked if a list of characteristics of archaeological significance is available exists to provide a developer some guidance when developing a site. Dr. Bellantoni stated he could provide this. Ms. Frank asked how the procedure would work for a person that would be building a single house. Dr. Bellantoni stated that some towns have regulations for subdivisions but can also be written for general development. Dr. Bellantoni stated a map showing low, moderate and high sensitivity could be used. Mr. Carey asked for the definition of an archaeological site. Dr. Bellantoni stated that it is a concentration of artifacts, features and eco-facts that indicate some activity in the past that is most likely not seen above ground anymore. Mr. Frank asked who would pay for the survey(s). Dr. Bellantoni stated the applicant would pay for it. Dr. Bellantoni stated that the only time construction is required to stop is if human remains are discovered. There was a discussion about stonewalls as a cultural resource and how other towns are addressing the preservation of stonewalls.5:50 p.m. - Dr. Bellantoni exits.
Ms. Payne asked if any of the members of the Planning Commission had anything else they would like to discuss. Mr. Carey asked the Conservation Commission if there were any updates with Road Discontinuances and he asked for the support of C.C. with helping to continue this process. Mr. Boling stated he had a list of discontinued roads and would be happy to work with Mr. Carey on this matter.
Consideration of the Minutes
Seated: Susan Payne, Diane Dupuis, Phil Markert, Kelly Boling & Phil Dutton, Alt.
The Minutes of the April 1, 2009 meeting were accepted.
Motion: to accept the April 1, 2009 Regular Meeting Minutes of the Conservation Commission as submitted, by Ms. Payne, seconded by, Ms. Dupuis, by 5-0 vote.
In reviewing the Minutes of April 15, 2009 meeting, Ms. Payne stated that SBA raised a question regarding the motion on page 2. Ms. Payne and the C.C. wanted to clarify their intentions.
Motion: to affirm our intention to have Diane Dupuis as the Conservation Commission’s chief cell tower spokesperson on this issue and in addition authorize any member of the Conservation Commission to speak before the Connecticut Siting Council as a representative of the Town of Washington in the matter with respect to the pending application by SBA Towers II, LLC for a cell tower, Docket 378, by Kelly Boling, seconded by Phil Markert, by 5-0
Motion: to accept the April 15, 2009 Regular Meeting Minutes of the Conservation Commission as submitted, by Mr. Dutton, seconded by Mr. Boling, by 5-0 vote.
Open Space Fund Project
Ms. Payne informed the commission that Russ Dirienzo was hired by the 1st Selectman to do and environmental review on the property. Ms. Payne stated Mr. Dirienzo has offered to meet with the Conservation Commission to discuss his review.Subcommittee Reports
Cell Tower Update:
Ms. Dupuis stated Governor Rell is on the record as being opposed to siting cell towers on 422A Farmland. She reminded the commission that the hearing would be on May 21st at the Warren Town Hall at approximately 2:00 pm. Ms. Dupuis stated a balloon test would be performed on May 21st and will start at 8 am. She encourages anyone to take pictures from where it could be seen and submit them to the Conservation Commission so that she may add them to the Town of Washington’s argument against this siting of a tower on Rabbit Hill.Status of Route 202 Designation:
Mr. Boling stated the D.O.T. is tentatively scheduled to come to the Conservation Commission Meeting on June 3, 2009.Conservation Design Subdivisions:
Ms. Payne stated the people of the committee are trying to schedule a meeting.Best Development Practices Brochure:
Ms. Payne stated Ms. Corrigan and Mr. Carey have volunteered to help with the project. Mr. Dutton stated he would start with drafting a letter. Ms. Payne stated the Conservation Commission could contact the Connnecticut Conference of Municipalities to find examples of existing regulations or types of procedures used for preservation of stonewalls.Greenway Committee Activities:
Ms. Payne stated the Greenway Committee would meet May 11 at the Old Town Garage site. They will go over the work that has been done and upkeep.Old Business
Conservation Easement Process:
Ms. Payne stated the easement model is with Atty. David Miles.Review of Malkin Conservation Easement
Mr. Boling recused himself.Seated: Susan Payne, Diane Dupuis, Phil Markert, Phil Dutton, Alt. & Betsy Corrigan, Alt
Mr. Chris Charles was present to review the Malkin Easement, 177 Roxbury Road. Mr. Charles stated the easement was moved away from the barn, which slightly reduces the acreage of the easement. There was a discussion of the size and shape of the easement. Mr. Charles stated they are trying to keep the easement contiguous to existing or future easements in order to create a corridor of protected land. The commission and Mr. Charles examined the plan titled Regional Corridor Plan – Open Space Equity, LLC, by Arthur H. Howland, PC, dated 3/9/07. The Conservation Commission was in favor of the new boundaries.
6:55 pm
Motion: to adjourn by Ms. Payne.
Ms. Payne adjourned the meeting.
SUBMITTED SUBJECT TO APPROVAL,
Respectfully submitted,
Shelley White
Land Use Clerk
Posted: April 24, 2009 April 15, 2009
Special Meeting
5:00 p.m., Land Use Mtg. RoomMembers Present: Susan Payne, Kelly Boling, Linda Frank, Phillip Markert, Diane Dupuis, Ric Sonder, Alt.,
Absent: Betsy Corrigan, Alt., Phil Dutton, Alt., Dirk Sabin, Advisor
Staff Present: Shelley White
Susan Payne called the meeting to order at 5:04 p.m.
Seated: Susan Payne, Diane Dupuis, Kelly Boling, Phil Markert, Linda Frank
Discussion of whether the Conservation Commission should become a party to Docket 378 at the Connecticut Siting Council, and application to site one of two telecommunication towers on Rabbit Hill Road in Warren, CT.
Ms. Payne turned the meeting over to Ms. Dupuis, Chairman of the Cell Tower Committee. Ms. Dupuis explained the reason for this special meeting was to propose to the Conservation Commission that they become a party to Docket 378 at the Connecticut Siting Council. Ms. Dupuis stated the Cell Tower Committee, as well as members of the Conservation Commission have been working on this application since September of 2008. Ms Dupuis stated there are records of communication from herself, Ms. Payne, & Selectman Lyon to the Connecticut Siting Council, the Department of Agriculture, Lawyers representing SBA and the Attorney General’s Office. She stated that Site A is located on 422A Farmland on which development rights had already been purchased using taxpayers money to preserve farmland. Ms. Dupuis stated that SBA believes it can locate a tower on preserved land as long as it does not take up space on arable farmland but that this would be a test case and the Department of Agriculture does not believe this is a legal siting. Ms. Dupuis brought to the attention of the commission members the inconsistencies of the report filed with SBA’s application. Ms. Dupuis stated that an application for Site B was submitted to the Siting Council. The Conservation Commission was allowed less than 10 days to review an incomplete application and denied an extension to review a full application before it was presented to the Siting Council. Ms. Dupuis stated the Conservation Commission is not the only state agency or commission that feels the Connecticut Siting Council is not fulfilling the mission ‘to balance the need for telecommunications’, and the environmental qualities in Connecticut. Mr. Markert stated the Siting Council was ‘established to advocate for the people.’ Ms. Payne stated they are appointed and not elected. Mr. Markert stated that ‘if they are not advocating for the people then they are not fulfilling their function.’ Ms. Payne stated she had been advised that it would be important for the CC to become a party to this docket so that they may bring this and other environmental, archeological, scenic and biologic issues out in the open. Mr. Boling stated if the Conservation Commission becomes a party to Docket 378 they could bring these inconsistencies to the Siting Council. Mr. Markert stated he did not see a down side to becoming a party. Ms. Dupuis stated it is important for the public to know that if this site is approved there is no limit to the size of this tower. The application states the tower would be 150 ft. tall but certain companies will sign on if the tower’s height were increased. The CC continued to discuss the ambiguities and inconsistencies of the application.Action on a motion to become a party to Docket 378 at the Connecticut Siting Council.
Motion: to authorize
1) The request that The Conservation Commission become a party to Docket 378 at the Connecticut Siting Council
2) The Conservation Commission and its members to proceed with filing testimony outlined in the Resolution to the Connecticut Siting Council
3) To proceed to file any and all exhibits necessary to provide information to the Connecticut Siting Council to do its job to protect the environment
by Kelly Boling, seconded by Phil Markert, passed unanimously.Shelley White
Land Use Clerk
Posted: April 8, 2009 April 1, 2009
5:00 p.m., Land Use Mtg. RoomMembers Present: Susan Payne, Linda Frank, Diane Dupuis, Ric Sonder, Alt., Betsy Corrigan, Alt., Phil Dutton, Alt.
Absent: Kelly Boling, Phillip Markert, Dirk Sabin, Advisor
Guests: Mark Lyon, First Selectman
Staff Present: Shelley White
Susan Payne called the meeting to order at 5:02 p.m.
Seated: Susan Payne, Linda Frank, Diane Dupuis, Betsy Corrigan, Alt. & Ric Sonder, Alt.
Consideration of the Minutes
The Minutes of the March 4, 2009 meeting were accepted with the following amendments:Page 1
Under the first, second and third motion:
*by 5-0 vote should read: passed by 5-0 vote.Under Cell Tower Update:
*1st sentence should read: Ms. Dupuis stated SBA/Optasite submitted an application to the siting council with a new proposed site on the Tanner Farm Property.
*2nd sentence should read: Ms. Dupuis stated the sit is on top of the hill, directly on the ridgeline and feels this is a significantly different site that site A.
*5th sentence should read: Ms. Dupuis stated they have received what she thinks could be a proper technical report from Attorney Carrie Larson (representing SBA Towers II, LLC formerly Optasite Towers, LLC) in the full application to the siting council but not before.
*7th sentence should read: Ms. Dupuis stated this application is a test case…to locate a tower on 422A farmland on which development rights have already…
*8th sentence should read: Atty. Larson had stated…does not represent a telecommunications company, which was news to Selectman Lyons and the Conservation Commission.
*9th sentence should read: Ms. Dupuis thought the Telecommunication Act refers to telecommunication companies not telecom real estate brokers.Page 2
Under Cell Tower Update (cont.):
*5th sentence down should read: He stated Mt. Tom is one of the first State Parks in Connecticut and the view shed may be adversely impacted by the proposed cell tower.Under Conservation Easement Procedures: permanent marking:
*13th sentence should read: Mr. Boling stated that fees should be considered if there comes a time at which the town would pay….
*Last sentence should read: Ms. Payne informed the commission her current calculation of permanently protected parcels is at 21% and the Town Plan of Conservation and Development and the Open Space Plan has a goal of 30%Page 3 Under 2009 Goal Setting:
*Heading of Historic New England Stonewall Protection should read: Archaeological Resource Protection in Town Regulations: Motion: to accept the March 4, 2009 Regular Meeting Minutes of the Conservation Commission as corrected, by Betsy Corrigan, seconded by, Diane Dupuis, by 5-0 voteOpen Space Fund Project
Ms. Payne informed the commission that The Board of Selectmen has scheduled a site visit for 108 New Milford Turnpike, on Saturday April 4, at 9:30 a.m. The Planning Commission has also scheduled a special meeting and site visit at this time so they are able to proceed with the 8-24 Report on the project. There will be an informational meeting following the site visit, at 10:30 a.m. at the New Preston Congregational Church. Ms. Payne stated this proposal is the first item on the agenda at the Town Meeting scheduled for Wednesday, April 8.Subcommittee Reports
Cell Tower Update:
Ms. Dupuis submitted displayed pictures of the balloon test that were done for both the ‘upper’ and ‘lower’ proposed cell tower sites on Rabbit Hill. She stated it is her sense that the Towns of Warren and Washington have been denied the 60day review of the new site as there has been no response and the Public Hearing has been scheduled for May 21st in the Town of Warren. Ms Dupuis stated she would be producing a formal report to submit to the Siting Council at their meeting on April 7, 2009. Ms. Corrigan obtained a National Diversity Database from the D.E.P. Ms. Corrigan explained the information indicated on the database and the importance of this eco-system. She stated amphibians and insects are sensitive to radiation. Ms. Dupuis stated the photos of the balloon test conflict with the photos in the application provided by SBA/Optasite. She stated the application contains a large amount of inaccurate information. She stated the trees at the location of the proposed cell tower are approximately 60 ft. tall and the tower will be an additional 100 ft. above the trees and will be a back drop to 6 historic houses in the Town of Washington. Ms. Dupuis has recommended a resolution letter. She submitted a Resolution of the Conservation Commission of the Town of Washington, Connecticut (on file in the Land Use Office), which she composed. Ms. Payne read the resolution to the commission and they discussed a list of the environmental and conservation areas that will be impacted which should accompany this letter.Motion: to accept the Resolution of The Conservation Commission of the Town of Washington, CT and the supporting documentation, by Linda Frank, seconded by Susan Payne, passed unanimously.
Mr. Lyon stated he sent a letter to Derek Phelps, the Executive Director of the State of Connecticut, Siting Council, to inform him the correspondence would come through the Board of Selectmen’s Office and they wanted to maintain their party status and retain the right to file as an intervener, if they wanted to, at a later date. He told Ms. Dupuis the Office of the First Selectman would send out her correspondence and any reports on behalf of the Conservation Commission and would be cosigned by the Conservation Commission Chairperson so that their rights as a party would be maintained. Ms. Payne stated the information should be ready to send out by Friday, April 3. Ms. Dupuis asked Selectman Lyon if he would add his signature to the letter of Resolution along with Ms. Payne. Mr. Lyon stated he would sign it.
Status of Route 202 Designation:
Conservation Commission is waiting for a response from Colleen Kissane to schedule the visit from the D.O.T. Ms. Payne stated she has sent a letter to Senator Andrew Roraback and is waiting to hear from him.Earth Day – April 26th
Mr. Dutton stated he was happy to help get the word out about Earth Day. He stated he has not seen any mailings. Ms. Payne stated the Greenway Committee Members would be out to support Earth Day. Mr. Lyon stated he would talk to the Board of Selectmen about having a press release in the Voices and putting a notice on the Town Website. The commission and Selectman Lyon discussed putting a sign out at the entrance of Bryan Memorial Plaza to raise awareness for Earth Day. Ms. Payne stated the Chairman of the Greenway Committee had worn out ski poles sharpened and gave them to people on the committee to help aid in rubbish pick up along the streets.Conservation Design Subdivisions:
Ms. Payne stated the people of the committee have been talking, there is nothing to report, and she will keep C.C. updated as things progress.New England Stonewall Protection:
A brief discussion occurred. Ms. Payne stated it would be worthwhile to do some more research and find out more about the UCONN initiative.Best Development Practices Brochure:
Mr. Dutton volunteered to start working on a Best Development Practices Brochure under the assistance of an advisor. Ms. Payne stated she would get in contact with David Thompson, who had expressed an interest, also, and get back to Mr. Dutton. Mr. Dutton stated it would provide some back up to the regulations of the town and provide information to the residents that have questions about issues concerning New England Stonewalls, for example.Old Business
Archaeological Resource Protection in Town Regulations:
Nick Bellantoni, State Archaeologist, will be attending the Conservation Commission Meeting on May 6th.Conservation Easement Process:
Ms. Payne stated the easement process has been submitted to the Planning Commission.Resource Map Update and Copy:
Ms. Corrigan displayed a draft of a map titled, Critical Habitats, Town of Washington, Known and Potential Areas, by Betsey Corrigan. She explained the data shown on the map and stated she still needs to include text. Members of the commission discussed map, asked questions and made suggestions of possible additions.6:30 pm
Motion: to adjourn by Ms. Frank, seconded by Mr. DuttonSUBMITTED SUBJECT TO APPROVAL,
Respectfully submitted,
Shelley White
Land Use Clerk
April 8, 2009
Posted: March 12, 2009 March 4, 2009
5:00 p.m. Land Use Mtg. Room
Members Present: Susan Payne, Linda Frank, Kelly Boling, Diane Dupuis, Ric Sonder, Alt., Betsy Corrigan, Alt., Dirk Sabin, Advisor
Absent: Phillip Markert, Phil Dutton, Alt.
Guests: Mark Lyon, First Selectman
Staff Present: Shelley White
Susan Payne called the meeting to order at 5:04 p.m. and seated members Kelly Boling, Linda Frank, Diane Dupuis, Ric Sonder, Alt., and herself.
Executive Session
Ms. Payne invited Mark Lyon, First Selectmen, to join them in executive session.
5:05 pm
Motion: to go in to executive session to discuss potential parcel for acquisition for Open Space, by Ric Sonder, seconded by Linda Frank, by 5-0 vote.5:12 pm
Motion: to come out of executive session to discuss potential parcel for acquisition for Open Space, by Linda Frank, seconded by Ric Sonder, by 5-0 vote.Motion: to recommend that a town meeting be scheduled for the consideration of the purchase of the property discussed in executive session using the Conservation Commission’s Open Space funds, by Kelly Boling, seconded by Linda Frank, by 5-0 vote.
Subcommittee Reports
Cell Tower Update:
Ms. Dupuis stated SBA/Optasite sent in an application and a color block map describing a new proposed site on the Tanner Farm property. Ms. Dupuis stated the site is on top of the hill, directly on the ridgeline. The Towns of Washington and Warren requested a proper technical report from Attorney Carrie Larson (representing SBA Towers II, LLC formerly Optasite Towers, LLC). Ms Dupuis stated they have received what she thinks could be a proper technical report. The Towns of Washington and Warren have notified Atty. Larson and the Connecticut Siting Council that according to Statute 16-50 the towns have 60 days to review a proper application. Ms. Dupuis stated this is a test case because SBA is trying to locate a tower on farmland that development rights have already been sold and paid for with taxpayer’s money. Atty. Larson had stated, in recent communications, she does not represent a telecommunications company. Ms. Dupuis stated the Telecommunication Act refers to telecommunication companies not real estate brokers or corporate real estate companies. Mr. Boling stated this site would have a greater impact on the view shed compared to the previously proposed site on the Tanner property. Mr. Lyon asked if a town meeting should be scheduled. Ms. Dupuis stated that a letter should be sent to Atty. Larson acknowledging the receipt of her letter and that the town is waiting to be advised on Statute 16-50 from the CT Siting Council, before considering scheduling a town meeting. Ms. Dupuis stated designated scenic and historic areas surround the proposed site and the view shed needs to be preserved. Mr. Boling stated he would push to get a date from the D.O.T. as to when they will be coming out to look at the section of Route 202 for the Designated Scenic Road application. He stated Mt. Tom is one of the first State Parks in Connecticut and the view shed should be protected. (subcommittee reports continued below) Ms. Frank stated there is a cell tower at the Gooseboro on Route 202 and that should provide enough cell phone coverage. Ms. Dupuis stated she would like to contact an R. F. Engineer to discuss the height of the tower at Gooseboro and see if the tower were to be raised if it would communicate with the existing tower in New Preston.5:35 pm, Ms. Dupuis and Mr. Lyon exit.
Conservation Easement Procedures: permanent marking
Ms. Payne discussed the importance of finding a system for permanently marking the conservation easements. She asked for input on her memo ‘Conservation Easement Acceptance Process’, draft, dated 3/2/09. Mr. Sabin stated iron pins can easily be lost or driven into the ground but a metal detector could easily find iron pins. He stated concrete monuments should be considered. The members discussed the cost of these. Ms. Frank asked if the C.C. would have the G.P.S. reading for the pin locations. Ms. Frank stated the C.C. would also benefit from a smaller 11’’x 17’’ map or similar size that could be folded and put in the monitoring book for ease of access out in the field. A larger copy of the map could be held in the Land Use Office files. Ms. Payne stated she would add 1) Smaller (possibly electronic) copy of the map, and 2) G.P.S. coordinates on maps as a requirement. Ms. Payne stated C.C. should have a set list of requirements in order for the grantor to know up front what was expected of them in this process. Mr. Sonder asked if there has been any discussion about contributions for the care and monitoring of these properties. Ms. Payne stated that currently volunteers monitor the easements. Mr. Boling stated that fees should be considered if there comes a time in which the town would have to pay somebody to monitor the easements. Ms. Corrigan stated a topographical map or an aerial photo with marks showing the location of the easement would be a helpful layer of information for monitoring. Ms. Payne suggested those members that did not have the chance to read the draft could do so and come back to her with any comments or suggestions. Ms. Payne informed the commission her current calculation of permanently protected parcels is at 21% and the C.C. has a goal of 30%.Stream Buffers Mailing Update
Ms. Payne stated a mailing would be too costly. She suggested putting the Rivers Alliance brochure on Stream Buffers in the Town Newsletter and having the brochures out in Town Hall on April 26th, Earth Day. Phil Dutton and Betsy Corrigan drafted a letter from the Conservation Commission. Members discussed revisions and Ms. Corrigan stated she and Mr. Dutton would work on it and get back to the commission.Subcommittee Reports (cont.)
Scenic Road
Mr. Boling stated that he would keep trying to get a date for the Scenic Road Advisory Committee of the D.O.T. to come out in April.2009 Goal Setting
Conservation Design Subdivisions:
Ms. Payne stated this subcommittee is to reconvene this coming Monday. She will keep the Conservation Commission in the loop.Historic New England Stonewall Protection:
Ms. Corrigan stated she is ready to have a meeting with Nick Bellantoni but he has to meet with the Planning Commission first to answer their questions. Ms. Payne suggested that someone from each land use commission attend this meeting.Model Easement:
Mr. Boling has sent this to Town Counsel.Old Business
The commission agreed that Ms. Corrigan should bring in her ecological sensitivity map for their review.
Ms. Payne stated that W.E.C. is involved in an Adopt a River program, working locally with school groups and general clean up, some water & macro invertebrate testing, and invasives identification. The Greenway Committee has agreed to participate and Mr. Elliot is planning on going to the Greenway Committee meeting in April.
Earthday is Sunday April 26th.
Mr. Sabin brought up the discussion of a Farm Lease Program for the Town of Washington. The commission discussed what different towns are doing. Ms. Payne suggested this subject be added to the agenda of the C.C.
Consideration of the Minutes The Minutes of the February 4, 2009 meeting were accepted with the following amendments:
Page 1 -Ric Sonders should read Ric Sonder
Page 2 -3rd Motion should read to nominated Kelly Boling Vice Chairman of the Conservation Commission, moved and seconded, by unanimous vote.Motion: to accept the February 4, 2009 Regular Meeting Minutes of the Conservation Commission as corrected, by Kelly Boling, seconded by, Susan Payne, by 5-0 vote
6:25 pm
Motion: to adjourn by Ms. Frank, seconded by Ms. PayneSUBMITTED SUBJECT TO APPROVAL,
Respectfully submitted,
Shelley White
Land Use Clerk
3-12-09
Posted: February 15, 2009 February 4, 2009
5:00 p.m., Land Use Mtg. Room
Members Present: Susan Payne, Linda Frank, Kelly Boling, Diane Dupuis, Ric Sonders, Alt., Betsy Corrigan, Alt., Phil Dutton
Guests: Mark Lyon, First Selectman
Staff Present: Shelley White
Susan Payne called the meeting to order at 5:04 p.m. and seated members Kelly Boling, Linda Frank, Diane Dupuis, Betsy Corrigan, Alt., and herself.
Diane Dupuis was elected as a Commissioner, replacing Joe Gitterman who resigned. Phil Dutton is a new Alternate. Ms. Payne and the Conservation Commission expressed their great appreciation for Mr. Gitterman’s service, especially with Scenic Road. Mr. Gitterman was with the Conservation Commission since it’s inception.
Consideration of the Minutes
The Minutes of the Dec. 10, 2008 meeting were accepted with the following amendments:
Page1-4
-Ric Sonders should read Ric Sonder
Page 1
-6th line under Referrals or New Projects should read: Mr. Clark stated the Planning Commission
Page 2
-6th line from top of page should read: Mr. Boling said the Conservation Commission generally prefers to….
-12th line should read…ft. Deep to make up to 5-6 acres with a reserved right to install driveway and utilities. All other proposed easement areas indicated on the site plan…
-9th line under BEC Holdings add the Conservation Commission and Mr. Carusillo discussed having Brian Neff, Engineer do a Baseline Report for the property.
Page 3
-end of first paragraph: Add: Mr. Charles and the Commission agreed to add to section 2.1.0 of the proposed Malkin Easement that any activities near the brook must conform the Inland/Wetlands Regulations.
-under Camp Windgauge: Add to the end of the paragraph: Mr. Charles requested a letter endorsing the project from the Conservation Commission.
Page 4
-under Cell Tower Update, 7th line should read: …challenged Optasite representatives as to whether or not the propagation map presented at the last…Motion: to accept the December 10, 2008 Regular Meeting Minutes of the Conservation Commission as corrected, by Linda Frank, seconded by Kelly Boling, by 5-0 vote.
Appointments and Election of Officers, Meeting Schedule for 2009
Motion: to nominate Susan Payne Chairman of the Conservation Commission by Mr. Boling, seconded by Ms. Frank, by 5-0 vote.Motion: to nominate Kelly Boling Vice Chairman of the Conservation Commission by
Ms. Payne invited Mark Lyon, First Selectman to discuss possible parcel for Open Space acquisition and provide feedback.
Motion: to go into executive session to discuss potential parcel for acquisition for Open Space, by Kelly Boling, seconded by Linda Frank, by 5-0 vote.
Motion: to come out of executive session discussing potential parcel for acquisition for Open Space, by Kelly Boling, seconded by Diane Dupuis, by 5-0.
Referrals or new projects
Ms. Payne updated the Commission on the current proposed plan for the property, ‘Judson’s Rock’. She has asked Mike Ajello, ZEO, to allow the Conservation Commission to see the proposed plans when they are finished so that the commission can provide feedback regarding concerns, etc.Subcommittee Reports
Model Conservation Easement:
Mr. Boling stated that the Chairman of the IWC has approved the model and since the Inlands/Wetlands Commission will be using this he feels it is important that all members of IWC should review it. Ms. Payne stated there needs to be a permanent marking system for the easements. This is important for monitoring purposes. It will be the property owner’s responsibility to obtain a survey and mark the easement. Ms. Payne asked the commissioners for input on the style of markers to be used. Different options were discussed. Ms. Payne offered to consult with Harry White, Ecologist and get back to the commission.Cell Tower Update:
Ms. Dupuis said that she does not have any updates.Scenic Road:
Mr. Boling stated that he has been in touch with Colleen Kissane, Chairperson of the Scenic Road Advisory Committee of the D.O.T. Ms. Kissane stated that she and the S.R.A. Committee would set up a day to come down and meet with the Conservation Commission. This meeting would also serve as a type of ‘hearing’ for the designation request. The tentative plan is for the S.R.A. to come down on either the regularly scheduled CC March or April Meeting or arrange something that is mutually convenient for both parties.Greenway:
Ms. Payne stated she has talked with Ray Underwood, President of Village Improvement. Mr. Underwood told Ms. Payne the invasive plants at New Preston Falls were taken care of and other native plants were planted.Management and Monitoring of Town Properties:
Ms. Frank and Ms. Payne had gone out in December and did not find any violations on current easements. Mr. Boling reminded the committee about a previous discussion regarding possible plantings around the playground at Nick Platt Field. There was a discussion as to what funds could be used to expedite this project.Stream Buffers:
Ms. Payne asked the committee members if the CC should be educating the people of the Town of Washington regarding buffers along streams and watercourses. They discussed different mediums that could be used to do this i.e. mailings, town newsletter, or brochures. Mr. Dutton questioned whether the Inland/Wetlands Regulations contain guidelines that serve as guidelines. Ms. Payne suggested that a letter be sent to any grantor of an easement that includes a stream/watercourse. This letter could explain the concern and educate them regarding the maintenance of a buffer and how it benefits water quality and habitat value. Mr. Boling asked Ms. Payne if there was enough money in the operating budget to possibly send out an annual mailing to the residents of the town. Everyone agreed this was a good idea. Ms. Payne stated they would most likely be able to fund a mailing. Mr. Dutton and Ms. Corrigan volunteered to work on this.2009 Goal Setting
Historic New England Stonewall Protection:
Ms. Corrigan stated that she has started mapping stonewalls in town using aerial photographs which has turned out to be time consuming. She stated that she has started to map the roadside walls and does not feel that the interior walls should be recorded. She believes this would be a valuable tool for conservation.Conservation Design Subdivisions:
Ms. Payne stated that she and David Owen of Zoning had exchanged emails regarding Conservation Design Subdivisions (see TPOCD page 7-8, Sections A & B). Mr. Owen expressed that if the CC would like to work on this section, Zoning Commission would be willing to consider it.Old Business
Conservation Easement Model –Status report re: Planning & Town Counsel:
Mr. Boling suggested that the model be sent to David Miles and I/W could contact him with any changes. Ms. Payne agreed.Archaeological Resource Protection in Town Regs:
Ms. Corrigan stated the language has been submitted to the Planning Commission who is just starting to look at it. It had been on hold due to full agendas in the past months. She also discussed a possible municipal ordinance that would allow a demolition delay of antique buildings that are outside of a protected historic district.6:55 pm
Motion: to adjourn by Ms. Payne, by 5-0 vote.SUBMITTED SUBJECT TO APPROVAL,
Respectfully submitted,
Shelley White
Land Use Clerk
Meetings in 2008