ATV - public open space

Local TV Channel WTNH-8 did a story on illegal ATV use in Shelton municipal lands and a police crack down on it involving the Conservation Commission. Here is a link to the online transcript version of the story, which includes video. I use this blog entry to talk about the subject a bit more.

The City of Shelton has invested as a municipality in preserving and conserving land in town for various purposes. In either case, the land may be providing lasting natural habitat, historic preservation, passive recreation, buffer between development and habitats, agricultural purposes, and passive or active recreational needs in form of hiking trails or sports fields. Some of these areas are "permanently protected open space" via deed restriction, and some conservation projects received funding from grants at the state or federal level which came with and easements on what activity can be conducted upon the lands.

All of these areas come under the umbrella of being designated as "City of Shelton Open Space", and as such the City of Shelton has an ordinance as to what can occur on the properties. Notably, motorized vehicles (excepting for official vehicles) are prohibited as the very first item.

A property labeled "Birchbank Mountain" was purchased by Shelton in 1998 as protection to the Housatonic River Greenway near the Indian Well State Park and well-field area of the Aquarion Water Company (fka Bridgeport Hydraulic). It was a class 3 watershed property purchased from Bridgeport Hydraulic as part of a 500 acre purchase assembled around the city (this was before the State of CT did a similar action with the balance of class 3 watershed properties that BHC owned around the state). It is a unique ecological property as it contains sandy soil from the formation of the Housatonic River (thus the nearby public water well-field), it is easterly facing at the toe of a long bank and is in the shadow most of the day, it receives seepage of moisture from the hillside, and contains historic roadbeds that served to access White Hills before the present day Rte110 was constructed. It is a very special piece of preserved property.

This area has received significant ATV activity in violation of the City ordinance, and numerous State Statutes. Unique vegetation given the environmental conditions mentioned was being damaged, and the sandy soil when disturbed continuously by ATV's in a single area leaves it prone to erosion. The City's investment in the valued parcel of land was being damaged.

A significant area of Open Space known as the Shelton Lakes Greenway has numerous trails enjoyed by residents and visitors (all open space and trails in Shelton is open to anyone for free and there is no resident requirement or permit needed). ATV and motorcycle use has caused erosion issues that need correction due to the hazard created for hikers. On SatAug28, 2010, a scout group encountered ATV's and dirtbikes racing down the trail toward them, creating a hazardous situation in violation of the law.

Certain open space properties where agricultural use occurs via lease to farmers have had damage to crops by careless ATV use through the field. This causes loss of value in the harvest of the crop.

ATV users have blatantly violated the state law and local ordinances, repeatedly, on numerous parcels of land owned by the City. These violations have caused ecological and economic damage and must be addressed by the proper authorities.

Working with the police department, we are asking that people enjoying the Open Space for passive recreation purposes, or nearby residents to Open Space parcels, or simply anyone who sees a violation - snap a photo on your cellphone and send it to the Conservation Commission's Conservation Agent via email or to our facebook page. The documentation will allow police to follow up with enforcement of state statutes.

Ct General Statutes, Chapter 55, Sec 14-387

Those who use ATV's, snowmobiles, or dirt bikes (collectively known as off-road vehicles) would do well to also visit the DEP webpage on the subject.

As an off-road vehicle owner myself (Polaris ATV and sled), I recognize the difficulty when other states (MA, ME, NH, VT, NY) do not recognize a CT registration of the off-road vehicle. With no State owned lands in which to ride, there is little incentive to register the vehicle in CT. These are State issues that should be worked on by legislators to give recognition for CT registrations at out-of-state locations, and by the CT DEP to provide suitable areas for riding within CT.

The closest legal alternative is the nearby riding areas of Pittsfield or Otis MA

MA off road vehicles

CT DEP Grant Award for RecPath

I'm pleased to announce that the City of Shelton has been awarded a Recreational Trails Program Grant for Fiscal Year 2010, in the amount of $73,150.00

Thank-you to all who worked so dilligently on the grant application.

Here is a link to the Ct DEP webpage outlining all the grants awarded over the years. A link regarding the projects funded this June is halfway down the page.

From the Grant description:

To construct Phase 3, Section c (about 2500 linear feet) of the Shelton Lakes Recreation Path ("Rec Path"), and to purchase maintenance equipment. This section of the Rec Path will provide linkage to a recently completed Huntington Street walkway and to shops, the Community Center, Post Office, and events on the Huntington Center Green. The RecPath is a 4.5-mile multi-use, handicapped-accessible path connecting downtown Shelton and Huntington Center, This is a major capital project for the City of Shelton, and is incorporated in local, regional, and state planning documents. The completed section of Rec Path is 8 to 10 feet wide and about 1000 feet long with a crushed stone surface.

Community Garden plowed

The Conservation Commission is not directly responsible for the Community Garden concept, rather it is the ad-hoc committee formed by the Board of Alderman.

However, we on the Conservation Commission are supportive of using agricultural lands (City owned Open Spaces with appropriate agricultural soils) for that purpose.

Consequently, the Klapik Farm Open Space on Long Hill Avenue and Long View Drive is being prepared for planting. You can see photos of the work on facebook.

I recognize their was neighborhood opposition to using the former farm fields as gardening fields, but the need and desire expreseed by the community has outweighed the items of concern expressed by the neighborhood.

The Conservation Commission's part time staff (Conservation Agent) has been assisting co-ordination of the Community Garden Committee's activities.

Personally, I look forward to their first harvest!!

Info on Facebook

As a reminder, this Blog is a tool I use as Chairman of the Conservation Commission to communicate to the public in broadcast fashion, and provide for future reference of information.

There are other tools that accomplish this also. The Trails Volunteers and Conservation have a page on facebook where you can learn of their activities. Beyond the "broadcast" format of a blog, it also allows comments via text, "liking" an entry, and becoming a "fan".

Be aware that Facebook does log your activities on their site when you are "logged in". Any actions you make there are made available to the public.

The facebook page is NOT my manner of communicating as Chairman, but it is of value for those interested in Conservation affairs.

Facebook page of "Shelton Trails & Conservation"

Community Garden - Neighborhood flyer

There was a public hearing of the Community Garden Committee on Mar8 at City Hall. The room was over capacity and it was noted that not all the public had access during the meeting. As the auditorium was also at capacity for a separate meeting, the public hearing was haulted until a future time.



During the meeting, the following flyer was distributed. My comments follow.

1. "City already increased plot numbers from 40 to 60! Community Garden Committee says further expansion is very probable and desirable, including back fields bordering Long Hill Ave and Laurel Wood Drive." The Community Garden Committee is drawing up a concept of plots based on the response from the citizenry. There are already over 50 sign-ups from Shelton residents, so in my opinion they are being frank and wise to recognize the reality today and what it may be in the future. That said, this is still conceptual and design stage.


2. "No representation from our neighborhood on the Community Garden Committee" The Committee was created as an ad-hoc committee to the Board of Alderman for those who expressed interest in the task. It's up to the BOA to add or modify their committees. I don't think the Long Hill School PTA has a representative from the neighborhood simply because the school is next to a residential area. I don't see the logic in the claim to have committee representation based upon geo-location. The involvement to comment, critique, question, challenge, complain, and otherwise voice opinion is available during every meeting during the public portion of both the Board of Alderman and Garden Committee.


3. "Complete disregard for the safety concerns of our neighborhood. City never explored other options." This is an outright falsehood. The Conservation Commission looked at all the City's Open Space properties, eliminated those that were not in agricultural use, and examined those remaining for soil types, drainage, etc as to suitability for community gardening. This was all public in our meetings, and was further specifically reiterated and explained at our Conservation meetings to the public who came out on Mar3. The Planning & Zoning Commission and the City Engineer both examined the proposal and rendered affirmative referrals that it is an appropriate use for the parcel.


4. "Car traffic into residential roads expected to be 400-500 passes per week. As the garden expands, so does the traffic in the Long Hll area, and our streets." I'll start with the low side claim of 400 passes. Assuming that's one car's in and out travels, that's 200 visits per week. Assuming the high end currently stated of 60 plots, that's 3.3 visits per plot per week. Summary: Given assumption of the least number of visits claimed, and highest number of plots mentioned, the flyer's contention is that every single plot will have a unique caretaker and be visited by them every other day. Imperical data from other community gardens show that is not the case.


5. "Devaluation of our property due to traffic and garden access on Longview Road, Laurel Wood Drive or Long Hill Avenue". I'm not an expert in property valuation, but the implication is that access from any abutting road into this property for such use is going to negatively impact all surrounding properties. I would doubt that.


6. "Potential increase in crime and vandalism" The parcel is currently fields and has had ATV activity (addressed promptly by the police) and illegal hunting (addressed promptly by the DEP), both to a minimal amount. Anytime there are "improvements" to a property (playscape, ballfields, etc) that can serve to attract youth, there is a potential for negative aspects. That said, the likelihood of a garden attracting crime to a neighborhood is an unlikely outcome.


7. "Already concerned residents are receiving misleading and incomplete information from the City Conservation Agent. How much worse will we be treated if/when the huge garden goes in" I can say without hesitation that the Conservation Agent is pro-active toward informing the public as to what is occurring. Her statements are consistently factual. The garden proposed is a small area of 1 field our of a parcel acreage of many acres. It is not a "huge" area.

Community Garden

A letter to editor was in the 2010Feb18 CtPost. My response is within the ++ symbols to stand out. The link to original is found here.

Letter to the Editor:
Shelton residents are being encouraged to "sign up" for a plot at the Klapik Farm Community Garden when the location, details and the very concept have not been formally approved by the appropriate governing body.

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Information is a powerful tool. The City of Shelton website has all agency/body minutes in pdf form. You can google search restrict to the website. Try this search for example. From the results you can glean that there has been much discussion on the concept for much time. Any improvement to property by the City, requires much the same approvals as a private entity. Application to Planning & Zoning, Authorization by Board of Alderman, referrals from agents such as City Engineer, etc.
+++

In an effort to determine if there is even a need for a community garden, the Board of Aldermen created an Ad Hoc Community Garden Committee. The committee had one meeting in January at which time it performed the usual initial business of electing officers, accepting rules of order and establishing a schedule of meetings for the year. However, if you read the meeting minutes carefully, you'll discover that the committee was told that a preferred location was already identified, that a formal review by the Planning and Zoning Commission had already been initiated for the property use change, that the entrance for the garden would be at the end of a residential cul de sac on Longview Road, and, oh yes, that the committee needed to hurry because apparently somebody wants to start planting this spring.

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Lets have a timeline

• 1993 - Open Space Plan identifies Greenways as emphasis areas for preserving open space.
• 2002 - The Klapik Farm was purchased, totals apx 58acres, and has significant hedgerows visually blocking the fields from adjacent residential properties. This is part of the Long Hill Greenway (includes several other property purchases that became assembled, notably the Tall Farm across the street from Klapik)
• 2003 - A license agreement begins in May between the City and Lyman Wells (a local farmer) to harvest hay from the fields. The property use will not change and remain agricultural.
• 2006 - The Plan of Conservation & Development has as it's #1 agricultural preservation strategy "continue to support programs that preserve farmland" which this does. See page 3-10 of the plan
• 2009Feb - Open Space Plan is updated from 1993, and recomends pursuit of possible Community Gardens. View details of the plan via this link.
• 2009Aug4 - Some early discussion on the subject that I can document from email, originated from citizenry with the Mayor meeting on this date to examine the concept.
• 2009Fall - Conservation Commission and Parks & Rec Commission were both consulted. Review of potential City owned Open Space parcels were done (Tall Farm, Wiacek Farm, 279 Soundview, Klapik, Nells Rock Road, French's Farm) and the consensus was that Klapik was most suited for public community gardens.
• 2010Jan19 - Mayor sends letter requesting 8-24 referral from PZC and advise from City Engineer.
• 2010Jan22 - City Engineer endorses the project
• 2010Jan27 - Planning & Zoning Commission votes favorably on the refferal (p.27 of minutes)
• 2010Jan25, Feb9, Feb23 - Community Garden AdHoc Committee meets to plan for quickly approaching planting season. Minutes are found here.

One can not imply that this came about as a surprise, or was rushed to judgement
+++

Now, I just happen to live on Longview Road and I know for a fact that we never requested this use for the property. While we think a well-planned community garden is a terrific idea, we became worried about how this might affect our neighborhood. So, several of us went to the second meeting of the Community Garden Committee. We asked the committee members flat out if the Longview Road site and entrance was a "done deal." Every one of them robustly assured us that it was not.

+++
This was in the Plan of Conservation & Development from 2006. It was in the Open Space Plan of 2009. It has been discussed openly on Conservation Commission's meetings. The neighbors were notified as part of the referral review by the Planning & Zoning Commission. No, the residents of Longview Road didn't request this, but the citizens of the City have repeatedly via the planning methods, workshops, and meetings outlined above, over many years. There remain details to work out if this prospective location is to be productive - and in that regard it is not a "done deal".
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So, we neighbors expressed our concerns. We handed them a petition of names of people who are opposed to the Longview Road entrance. We asked the committee to please consider making the entrance in a more appropriate area. We were polite, articulate and even helpful despite the fact that we never requested a community garden, and there was no one present who did.

+++
The two areas to access the parcel are from Longview Road's cul-de-sac, which is at the highpoint of the drumlin's topography; or from Long Hill Avenue which is a busy road and would require crossing a wetlands area to access the more advantageous agricultural fields. Longview is the better location for access.
+++

We want peace not war, but we also want our needs to be considered. We don't want another poorly planned, town-sponsored intrusion into a defenseless neighborhood. Let's see what happens.
Randy Ann York

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Working together to solve issues will bring greater satisfaction to all.
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What follows is my letter to the editor submitted to CtPost on Feb21:
Editor:

I was dismayed to read the Letter of Feb18 regarding the Community Garden in Shelton. As Chairman of the Conservation Commission, let me offer some clarification.

Shelton's Open Space acquisition was following the award winning 1993 Open Space Plan when the 58 acres near Long Hill Avenue was acquired in 2002 as part of a Long Hill Greenway vision that has since preserved an abutting assemblage of over 100 acres. Continuously since 2003 there has been a revocable license with a local farmer to harvest hay from the property, thus maintaining it's agricultural usage in the community.

I served on the Committee that updated Shelton's Plan of Conservation & Development in 2006, which recognized Community Gardens as one strategy to preserve farmland (see p.3-10). The Conservation Commission updated Shelton's Open Plan in 2009 and reiterated such pursuits. The concept of a Community Garden is one other municipalities offer, and should not come as a surprise to residents of Shelton who take interest in their City's activities and its planning documents.

Out of citizenry interest and initiative, the Board of Alderman forrmed an ad-hoc Committee to bring the idea together in late 2009, and the Mayor's office requested advice and referrals on the concept from the City Engineer and the Planning & Zoning Commission in 2010. The Conservation Commission and the Parks & Recreation Commission have discussed this concept openly in their meetings. All of this above documentation is readily available on the City's website.

Yes, there is a planting season quickly approaching and the ad-hoc committee is working diligently to meet mother nature's deadlines, but this is not a rushed or hasty endeavor. This is a community sponsored concern being addressed. As of Feb16, 43 people had already signed up for plots. I encourage everyone to voice concerns, and work together in making it a success.

Thomas Harbinson
Conservation Commission - Chairman.