CONNECTICUT RIVER GATEWAY COMMISSION
REGULAR MEETING MINUTES
February 26, 2009
Present/Absent:
Chester: Margaret Wilson, Martha Wallace
Deep River: Amy Petrone, Nancy Fischbach
East Haddam: Harvey Thomas, Robert Boulware
Essex: Ellen Wexler, Fred Vollono
Fenwick: Chuck Chadwick
Haddam: Scott Thompson, Susan Bement
Lyme: Kevin Mazer, J. Melvin Woody
Old Lyme: Vacancy, Ted Crosby
Old Saybrook: Madge Fish, David Lemay
CRERPA: Steve Williams
Midstate RPA: Raoul De Brigard, Stacia DeMichele
DEP: David Blatt
Staff: J.H. Torrance Downes
Tidewater: Judy Preston
Guests: Melissa Spear, Jim McHutchinson, Angus McDonald, Jr.
Call to Order
Chairman Melvin Woody called the regular meeting of the Gateway Commission to order at 7:37 pm in the CRERPA meeting room.
Approval of Minutes
Steve Williams moved to accept the minutes from January 22, 2009. Madge Fish seconded. Approved unanimously.
Correspondence and Staff Report
Staff reported DEP/OLISP comments on 8-lot subdivision in Old Lyme fronting on the Black Hall River. Application, as reviewed by OLISP staff, does not meet the water-dependency requirements of the CT Coastal Management Act (CCMA) and was therefore determined to be inconsistent with the CCMA. A motion was made by Harvey Thomas, seconded by Madge Fish (David Blatt abstains) and unanimously approved directing staff to send a letter to the Old Lyme Planning Commission for the record of the public hearing which recommends that the such Commission seek compliance with the CCMA and require the subdivision applicant to provide necessary public access to the Black Hall River. In addition, comments should be included which emphasize the importance of riparian buffers along the significant tidal river frontage of the property.
A copy of Correspondence and Staff Report notes are filed with these minutes.
Treasurer’s Report
Peggy Wilson distributed a report (the summary pages from the monthly statement) from Merrill Lynch regarding Gateway Commission investments. At issue was whether or not such a
report, if distributed on a monthly basis, is satisfactory for the purpose of understanding the status of such investments. Some members indicated such information was sufficient and welcome while others indicated that that level of information wasn’t necessarily required on a monthly basis. The consensus was to provide the reviewed report to Commission members on a monthly basis. Nancy Fischbach also described alternative reporting which would be more graphic in nature and provide more statistical information, especially as to the portfolio over time. It was agreed that she would email copies of the alternative reports and Commission members will advise Peggy as to which is preferred.
Questions and discussion also occurred on the issue of active vs. reactive strategies to land acquisition in the lower CT River valley. Comment was made that different conservation organizations (DEP, TPL, etc.) with limited resources can often have different goals for conservation. Perhaps a broader policy that created more collaboration with such potential partners may be more advantageous to the overall effort for land preservation in the lower river valley. Comments were made regarding the Gateway Commission budget, some of which is predictable (administrative costs, etc.) while some is not (requests for partnership in land acquisition which are presented in an unscheduled manner when properties become available). Commission members supported consideration of a more proactive approach to land acquisition/easement acquisition partnerships. Staff indicated that David Kozak of DEP/OLISP is interested in talking to the Gateway Commission about just such an effort in the near future.
On another matter and upon brief discussion of the recent audit, the Commission recognized that the question of ownership of a number of parcels of land in the Conservation Zone remains unresolved. Staff indicated that they continue to work on the issue.
Steve Williams moved to pay the month’s bills for $1,122.00 to CRERPA, and $1,120.00 to Tidewater. Stacia DeMichele seconded. Approved unanimously.
Ms. David will come to the Commission meeting in March.
At this time, the agenda was modified to discuss the pending zoning regulation referral from the Town of Deep River.
Referrals
The referral for amendment of zoning regulations regarding restaurants, drinking establishments and food preparation establishments within the Harbor Development District (HDD) of the Deep River riverfront at the Town Landing was discussed. Staff talked about discussions and a meeting that occurred between the Deep River ZEO, Gateway staff and the Petitioner in order to explain the concerns of the Gateway Commission. Where the previous referral (discussed at the Gateway’s 1/22/09 meeting and subsequently withdrawn by Petitioner in order to include standards that would satisfy the concerns of both the Gateway Commission and the Town) proposed only to add a category of use to the HDD regulations, the current proposal includes special standards that requires the protection of the “natural and traditional riverway scene” in that important and visible riverfront area, consistent with the mission of the Gateway statutes. Language concerning adverse impact of excessive structure bulk is included as is language requiring new construction to be consistent with existing standards governing residential structures in excess of 4000 square feet. Limits on size of new additions to existing structures are included as are requirements for placement of such structures in non-visible areas if possible. Standards also guide development, including parking infrastructure, to either be placed to the side opposite the river view or be sufficiently screened from view.
Motion to approve by Harvey Thomas, seconded by Ellen Wexler (Nancy Fischbach abstained). Approved unanimously. Staff was directed to include comments regarding inclusion of additional language pertaining exterior changes to existing structures and the need to minimize visual impacts to the “natural and traditional riverway scene” within proposed section 7A.7.4(3).
Discussion of Coordinator Position for CY Haddam Neck
Discussion was held regarding the concept of the CT River Land Trust acting as the “sponsor” for a collaborative of environmental partners interested in pursuing the acquisition of the CY Haddam Neck property. Nancy Fischbach discussed background of acquisition and the issue of a coordinator for those Commission members who were either new or not in attendance when such issues were discussed. Melissa Spear, formerly of Trust for Public Land and candidate for the position of coordinator was introduced, as was Jim McHutchinson, a member of the Haddam Spirit, a citizens group which has in communication with CY.
At issue is that, due to the Expression of Interest agreement that was signed by interested parties (including the Gateway Commission) and a confidentiality clause included therein, potential conservation partners are precluded from discussing multi-partner strategies that will likely be needed if the property is to be acquired. The Commission discussed issues including the status of the Land Trust’s 501(c)(3) designation and the need to understand exactly what that designation is based upon (whether the purposes laid out in the trust’s Certificate of Incorporation would be compatible with the Trust’s serving as a fiscal sponsor), the possibility of the Middlesex County Community Foundation acting as the sponsor instead of the CT River Land Trust and the likely need for a legal review of the effort on behalf of the Gateway Commission. The advantage of MCCF is that the organization would be a “neutral” third party, not one which has expressed interest in being an acquisition partner. The disadvantage would be that CY has expressed, through discussions, that a party already bound by the EOI agreement would be preferable.
Melissa Spear, a former employee of the Trust for Public Land, and who was actively involved in the CY acquisition process on behalf of TPL, appeared in order to answer any questions. Spear provided a status of the acquisition process and CY’s willingness to pursue the process using a coordinator, although they have not yet committed to providing funding. Whether CY funds or not, additional fundraising would be needed.
Motion by Harvey Thomas, seconded by Steve Williams to clarify the legal status of the CT River Land Trust’s involvement as the “sponsor” of the coordinator with reference to the Trust’s 501(c)(3) status and proceed with arrangements if no legal impediments are identified. Approved unanimously. Staff, assisted by Fischbach, will either find the 501(C)(3) application file or seek a copy through the IRS.
Motion by Harvey Thomas, seconded by Stacia DeMichele to spend up to $3,000 for retaining a lawyer to investigate Gateway’s involvement as sponsor for the coordinator. Approved unanimously. Melvin Woody will contact CT Fund for the Environment to discuss the possibility of legal assistance for this effort. If not successful or appropriate, the effort to find an attorney experienced in private non-profits will be turned over to Fischbach and Woody collectively. These efforts were to be moved forward in a timely manner, preferably within the 30 days leading to the Commission’s next meeting on March 26, 2009.
In addition, Ms. Spear pointed out the importance of appropriate legal documentation for the Land Trust to act as the fiscal sponsor.
Tidewater
Judy Preston discussed the draft Riparian Buffer standards. Preston thanked those who provided input. Preston discussed the desire to convene the standards subcommittee to finalize the draft with Gateway staff revising approved standards to fit the various formats of the Zoning Regulations within the Gateway region. Commission discussed the value of having preliminary discussions with ZEOs, P&Z members and others and developing a draft narrative prior to sending the approved standards for municipal adoption. Gateway staff will include a “heads-up” notice of the intent to adopt riparian buffer standards in a letter to be sent to P&Z Commissions regarding the exclusion of wind turbines in the Gateway Conservation Zone.
Preston reported that DEP Fisheries staff Steve Gephardt will be assessing the lower CT River for the growth of the invasive water chestnut. The Commission, with other conservation partners, supports the effort.
Status of 2004 Standards
No update.
Status of Gateway Owned Properties
Staff of the Gateway Commission reported that, with the updated Certificate of Incumbency that was being executed that evening, the package to approve the transfer of the Balleck property from the Commission to the DEP will be sent to the Office of the Attorney General for final approval.
Other Business
None presented.
Adjournment
There being no further business, Susan Bement moved to adjourn the meeting at approximately 9:30pm. Seconded by Madge Fish and approved unanimously.
The next regular meeting of the Gateway Commission is
Thursday, March 26, 2009
Gateway Items of Interest
January 22, 2009
Correspondence 
(1) DEP Consent Order to Create or Restore 2 to 3 acres of Wetlands
. NDKLP Montville Associates has been “compelled” by DEP to locate land in order to mitigate for filling wetlands. They’ve hired Rich Snarsky to accomplish this. A letter, dated December 5, 2008, was sent to inquire as to whether the Gateway Commission had any parcels which would be good candidates. The Commission could contact them at (203) 787-7740.
(2) TPL Newsletter Publication
. References Otfinoski property.
(3) Anthony Cooper, Lyme
. Thank you letter for variance on Hamburg Cove.
(4) CT River Salmon Association
. Invitation to 33rd Annual Dinner & Raffle/Auction. 1/31/09, Berlin, CT. 5pm.
(5) Copies of Lewitz, Balosie, Wollack, Rayner & Giroux Audit
. To be distributed.
(6) Revaluation Notice on Chester property at 64 Railroad Avenue (Garthwaite)
.
2003 - $716,700; 2008 – $895,930. Deadline for written appeal – March 20, 2009.
Staff Report 
-
(1) Heather W. Grass Special Exception Review
– Opportunity for questions on previously circulated review letter. Otherwise, no presentation
anticipated.
– Final Draft ready for submission to DEP/OLISP. “Groundbreaking” Plan regarding standards for private docks. Through a “sister” ordinance yet to be proposed at Town Meeting, the OLHMC is establishing a local “permitting and enforcement” program, which can’t legally be included in the Plan addendum due to conflict with the State permitting program. No 
presentation
. 
, 7 Town Landing Road, Old Lyme. Riverfront home in excess of 4000 square feet with separate solar array panel. Met with architect on Friday, January 16, 2009. 
Proposed as a Section 8-2j CGS Village District, not an “historic” district. Submitted by the Essex Historical Society. WITHDRAWN
on January 14, 2009 for reworking. FYI.
Purchase price renegotiated down to $948,000 from $989,000. BOS voted to forward the purchase request to Town Meeting at the end of February. BOF meeting is tonight (1/15 @ 7pm). Less certain that BOF will approve the request which will be, with a Land Trust commitment to raise $75,000 (they’ve only raised $16,000 to $17,000 so far), $358,480. New DEP amount (calculated down based upon their percentage grant) will be $464,520.
Variance Referrals/Regulation Proposals/Special Exception Reviews 
(1) Regulation Proposal:
Deep River. Restaurants and Drinking Establishments in the HDD.
(2) Variance Request
. Haddam/Higganum. Rear yard setback to build a garage, 12
Landing Road South.
Status of Standards 
Opportunity along with the Village District effort? Essex members?
Transfer of Gateway Property – Balleck 
Paste Tidewater Report here