Essex Conservation Commission

M I N U T E S

Thursday, February 14, 2008
7:30 p.m.
Essex Town Hall

The regularly scheduled meeting of the Conservation Commission was conducted on February 14, 2008. Members in attendance were Kay Tucker, Goody LeLash, Doug Demarest and Pam Bernardini. Absent: MaryAnn Pleva and Rich Helmecki.

1. Call to Order

Chairperson, Kay Tucker called the meeting to order at 7:40 p.m.

2. Review and Approve Minutes of January 10, 2008

Corrections noted in italics:
Page 1: the meeting was held on January 10, 2008
Page 2: Ms. Bernardini is employed at St Francis Hospital
Page 2: 7th paragraph; Don Malcarne's list goes to May 2007.

Motion made by Doug Demarest to accept the Minutes of the January 2008 meeting as amended.

Motion seconded by Goody LeLash and passed unanimously.

3. Old Business
a. Trail Reports

Ms. Tucker stated that none of the members have had an opportunity to recently visit the trails.
b. Cook Property at Hunter's Trail Extension Site Walk

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Ms. Tucker was asked by a member of the public to change the order of business on this evening's agenda to include the discussion on the Planning Commission's site walk on the Hunter's Trail extension to the end of the Agenda. The Planning Commission is conducting it's meeting on that same issue this evening, and that person stated that they would like to attend. Members were in agreement.

c. Stakeholders Meeting Regarding Canfield Woods.

Mr. Demarest, Ms. Pleva and Ms. Bernardini attended the Stakeholder's meeting regarding Canfield Woods. Mr. Demarest stated that the principal discussion was on signage and what the signs should contain and there was mention about giving credit to the State of Connecticut for the funding.

Ms. Tucker noted that the dimensions on those signs are 30" x 21" and read "Canfield Meadow Woods Welcome, Open From Sunset To Sunrise, For Pedestrian Use Only." Ms. Tucker noted that there is also a parking sign which is 12" x 16". There is a rule sign which is 12" x 16" and it states, "Nature Preserve, Enjoy Your Visit, Please Do Not Hunt, Camp, Bike, Make Fires, Smoke, Use Motorized Vehicles, Remove or Destroy Plants."

Ms. Bernardini stated that there was some discussion at the stakeholder's meeting as to whether or not the "rules" signage was clear enough.

Ms. Tucker commented on the need for such signage in Bushy Hill and she suggested that the "welcome" sign, followed by the "rules" sign be posted in that area.

Mr. Demarest indicated that the signs utilized at Canfield Woods do not reference the requirement of leashing of dogs or prohibition of horses and he suggested that those items to be included in the signs for Bushy Hill.

There was some discussion at this point as to the color of the signs. Mr. Demarest suggested that the Commission table this discussion until such time that Ms. Pleva is available.

Ms. Tucker commented that the Commission has agreed to put monies toward the signs at Canfield Woods.

d. Overview Conservation Restrictions and Easements

Ms. Tucker distributed information which she found in the conservation file cabinet and which had been retained from several years ago. In this literature, Jim Bentres is mentioned. Mr. Bentres is the Town Planner for the East Haddam and he also does other work with the State of CT. Ms. Tucker noted that Mr. Bentres is knowledgeable in the area of conservation easements and restrictions. Also included with this literature
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was information on the Land Trust Alliance who discusses what a conservation easement is, why an easement should be granted, what is protected and how restrictive is the easement. Also included is a section which talks about easement responsibilities.

Ms. Tucker noted that this Commission has, in the past, been assigned properties for which they have no knowledge. Ms. Tucker indicated that another section discusses "what are the legal considerations in granting a conservation easement" and "what rights does the holder of the easement have." Ms. Tucker asked the Commission to take an opportunity to look over these materials.

Ms. Tucker indicated that when considering different properties such as a subdivision proposal where there is an easement granted to the Town, if the Commission members knew enough about the process, they could make recommendations to the Planning Commission. Some of those endorsements and recommendations made by the Conservation Commission might include the request for specific restrictions or access to be built into that proposal.

Mr. Demarest indicated that when an open space easement is attached to a development, there are automatic restrictions attached to that easement.

Ms. Bernardini noted that one of the problems was that the easements are not always accessible to the public.

The members agreed to gather on Sunday February 17, 2008 at 3:00 p.m. at the Ivoryton library and carpool to Stone Brook to look over the easement on that property.

e. Other

Ms. Tucker spoke with a number of people on the Essex Land Trust and they indicated that they are going to include the new property as a part of Bushy Hill. Ms. Tucker had a discussion with Al Macgregor, Paul Greenberg and Bill Grover regarding the trail maps. The Land Trust would like to put together a brochure of all of the Town's access-ways and include maps of all the public properties, including the preserves. The ELT will look into this and contact the Conservation Commission when they have a plan. The Conservation Commission will be required to put forward funding for this project.

4. New Business
a. 2008/2009 Budget

Ms. Tucker stated that she did submit the budget to the Town, however she did not have a copy available this evening. Ms. Tucker noted that the 2008/2009 budget is $50 more than last year which was expended in clerk's fees. Ms. Tucker commented on the need to revise the maps and add new trail listings.
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Ms. Tucker asked to table the approval of the submitted budget.

Ms. Tucker requested approval of an invoice in the amount of $54.10 for the new digital recording device.

Motion made by Goody LeLash to approve the invoice in the amount of $54.10.

Motion seconded by Doug Demarest and passed unanimously.

b. Schedule Map Revision Workshop

Revisions need to be made on Viney Hill Brook and Bushy Hill area maps. The members will meet on February 28, 2008 at 6:00 p.m. Ivoryton Library to review the existing maps and note the revisions on what needs to be upgraded.

c. Other

Ms. Tucker will not be available to attend the March 13, 2008 regularly scheduled Conservation Commission meeting. Mr. Demarest will not be available for the March 13, 2008 meeting, however Mr. Demarest will be available to chair a special meeting of the Conservation Commission which will be conducted on March 20, 2008.

Ms. Tucker would like to have added to the March Agenda the following items:
Regarding Viney Hill Park; Mr. Helmecki will consult with Marian Staye, Essex Zoning Enforcement Officer to determine if any of the portion of the orange trail called Broadwalk is located in a wetlands area. Ms. Tucker would like to have gravel spread along that area. Ms. Tucker indicated that the water on that trail may be seepage from the observation rock area as it leaches down from that point. Ms. Tucker would like to have Hanes Quarry dump gravel in that area and Ms. Tucker suggested that the Essex Town crew or the Boy Scouts could assist in spreading the gravel. Ms. Tucker commented on the dirt that came out of the active pond which is in a big mound in the paw park. Ms. Tucker suggested that this dirt could be spread over the gravel.

Also to be discussed at that special meeting, information from Ms. Staye; "when, why and how to make site walks count." Ms. Tucker would like to review this information.

At this time, Ms. Tucker introduced members of the audience.

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Ms. Tucker stated that the Commission members agreed to discuss the site walk at Hunter's Trail extension regarding the Cook property subdivision proposal. Ms. Tucker stated that the purpose of this discussion is to talk about the site walk which was sponsored by the Planning Commission and attended by Ms. Tucker, Ms. Bernardini, Doug Demarest who represented the Conservation Commission. Ms. Tucker stated that this was the fourth site walk she attended with the first being conducted in July 2005.

Mr. Demarest noted that the Commission spent an hour and a half looking at all of the nine sites surrounding this proposal which included the wetlands, and the possible problems for drainage into the Viney Hill park area. Mr. Demarest stated that the members were able to get a good idea of the developer's plans for the proposed subdivision and that the Commission accomplished everything they set out to do which included insight into the effect of that development on Viney Hill Brook park and the surrounding areas.

Ms. Bernardini noted that she had some concerns surrounding some of the lots and she thought that there might be drainage problems. Ms. Bernardini indicated that she would like to see a topographical map of the area to determine what the drainage should be.

Dennis Robida stated that he has just come from the Planning Commission meeting and at that meeting, Mr. Cook presented amendments and changes to his subdivision proposal. These are changes that have been made since the last site walk was conducted. Mr. Cook proposes to eliminate Lot #1 which he will deed to the Town. By doing so, this will bring the open space to 27% of which 18% is upland. Mr. Robida noted that an upland area is considered accessible property (not a wetland) that can be built on and can be passed on by foot.

Mr. Robida indicated that the Planning Commission has set a precedent with the Glenn at Essex property where they required that 20% of the upland open space to be deeded to the Town. Mr. Robida went on to say that there will be conservation easements on each lot and if included as open space, it will be over 50%. Mr. Robida pointed out that the public will not however have access to those deeded, privately owned conservation easements.

Ms. Tucker noted that although privately owned, these easements have restrictions placed on them.

Mr. Robida stated that Mr. Cook is asking for a waiver for the remaining 2% needed to meet the (20%) open space requirement, however the Planning Commission is pushing for the 20% open space requirement (within the upland area). Mr. Robida stated that Mr. Cook will have to eliminate a building lot in order to make up the 2%.

Mr. Robida stated that the Planning Commission did not discuss the road or the cul de sac. The discussion at their meeting surrounded the open space only. Mr. Robida noted that there was also mention of correspondence from Kay Tucker/Conservation Commission, Dennis and Laura Robida and Attorney Terrence Lomme referenced at the
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Planning Commission meeting surrounding the fifty foot right of way through the Viney Hill Brook property. The Planning Commission will postpone the review of that correspondence to their March 2008 meeting so that members can study the fifty foot access.

Ms. Tucker indicated that she received a letter from EST Trust requesting that if at any time, the fifty foot right of way is discussed, notice be given to their attorney so that he may be present for that discussion.

Mr. Robida noted that there is a 125 page pamphlet that Robert Doane, P. E. has created, but in terms of a formal application, nothing has yet been submitted on the proposed Cook/Hunter's Trail subdivision. This proposal is still in the preliminary stages.

Cluster housing which involves smaller lots and fewer houses was brought up at the Planning Commission. Mr. Cook is opposed to cluster housing for this proposal.

Lois Ely stated that the Planning Commission has postponed to the March 2008 meeting further discussion on this subdivision proposal as two members were absent from that meeting. Ms. Ely indicated that a Planning Commission member felt very strongly "that there was a difference between the conservation easement and a difference between the open space." Ms. Ely reiterated Mr. Robida's earlier comments on the 20% open space requirement.

Mr. Robida stated that the March 2008 Planning Commission public hearing will address the Cook subdivision proposed right of way.

5. Inland Wetlands Report

Ms. LeLash indicated that the February 2008 meeting of the Inland Wetlands Commission was cancelled due to inclement weather. Ms. LeLash will speak with Ms. Staye to determine if a formal application has been submitted on the Cook subdivision proposal and if that proposal will be heard at the March 11, 2008 IWWC meeting. Ms. LeLash will represent the Conservation Commission at the 3/11/2008 IWWC meeting.

6. Correspondence

A letter dated December 12, 2007 from John Benett who represents EST Trust and the three lot subdivision on Bokum Road and Cedar Grove Terrace. In his letter Mr. Bennet asked for notification of any application, notice or hearing of discussion on the subject property.

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Ms. Tucker indicated that the Conservation Commission should have representation at the March 13, 2008 Planning Commission meeting. Ms. Tucker will speak with Mr. Helmecki and Ms. Pleva to request attendance at that meeting.

Ms. Tucker referenced a letter from the Harbor Management Commission Chairman, Jeff Going, inviting the Conservation Commission to attend their January 2008 meeting. Ms. Tucker and Ms. Pleva attended that meeting and there was a discussion surrounding the remediation of Novelty Lane where Terry Lomme had built on a Town access. Mr. Lomme was in attendance at the Harbor Management Commission meeting and he presented plans depicting how he will grade the property to a height equal to the retaining wall on that property.

The Harbor Management Commission stated that they have identified the Town access points and they will make certain that those access points are well marked and well maintained in the future.

7. Adjournment

Motion made by Doug Demarest to adjourn.

Motion seconded by Goody LeLash and passed unanimously.

The regularly scheduled meeting of the Essex Conservation Commission adjourned at 9:15 p.m.

Respectfully submitted,

Stella C. Beaudoin
Recording Secretary

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