Regular Meeting Minutes
Present/Absent:
Deep
River: Amy Petrone, Nancy Fishbach
East
Haddam: Logan
Clarke, Robert Boulware
Essex: Ed Marlowe, Fred Volano
Fenwick: Chuck Chadwick
Haddam: Scott Thompson, Susan Bement
Lyme: Kevin Mazer, J. Melvin Woody
Old
Lyme: Rudy Besier, Ted Crosby
Old
Saybrook: Madge Fish, David Lemay
DEP: David Blatt
CRERPA: Steve Williams
Midstate
RPA: Raoul De Brigard, Stacia
DeMichele
Staff: J.H. Torrance Downes, Wini Olson
Tidewater: Judy Preston
I.
The meeting was called to order by Vice Chairman J. Melvin Woody at 7:40
PM in the CRERPA Conference space at 455 Boston Post Road, Old Saybrook, and CT
06475.
Nancy Fishbach moved that the minutes of the February
28, 2008 meeting be approved as
circulated. The motion was seconded by Susan Bement and unanimously approved.
Torrance Downes distributed copies of the
correspondence for those who had not downloaded them from their Email. Issues
of concern were discussed.
A. Selden Cove
Information was forwarded to the Gateway Commission
from the DEP concerning a violation
of Lyme Land Conservation Trust (LLCT) easement at 66 Selden Cove. Downes projected aerial views and maps of the
property depicting the area of the property that was to be left in its natural state
and recent photos showing the manicured condition it presented in 2007. Vice Chairman Woody commented that this was
the first easement received by the LLCT. He mentioned the importance of
defending existing easements.
It was agreed that Gateway should lend its support
to the effort to enforce the Terms of the easement through meetings that the
LLCT plans to have with river
conservation partners, including the Gateway Commission. Nancy Fishbach noted
that it was nice to be included in the loop.
B. Bonanomi and Otfinoski
Downes explained that the Town of Chester has asked
the Eastern Connecticut Environmental Review Team (ERT) to review the Bonanomi
and Otfinoski properties. The town is considering buying both
parcels for
purposes of conservation and passive river access and is seeking ecological
information with which to aid their deliberations. Downes reported that he will participate as
the usual CRERPA representative and will include Gateway issues in his report
as well.
The 26 acre Bonanomi piece is directly south of the
ferry. It was one of the first easements acquired by the Gateway Commission in
1981. The town is interested in the possibility of passive recreational
opportunities and public access to the Connecticut River, activities that may
require the development of a small parking area for canoers and kayakers. The easement specifies no development of any
kind can occur on the property. It was noted that the easement is now held by
DEP.
The Otfinoski parcel, at the Chester/Haddam border
on the river, is a developable parcel that was previously referred to the
Gateway when a residential structure was proposed in 2007. The property owner’s lack of recognition of
the 100 foot river setback ultimately resulted in the necessity for the
redesign of the structure and, subsequently, the property owner’s loss of
interest in pursuing the development of the parcel. Downes presented aerial photos of both properties
for Commission consideration.
C. Connecticut Yankee
Connecticut Yankee, owner of site of the
now-decommissioned Haddam Neck Nuclear Power Plant, has announced their
intention to sell the 580+ acre riverfront parcel. Through their CT consulting firm Vita Nouva,
CY has requested “Expressions of Interest”, a process used to determine what
interest there is in acquisition of the CY property. DiBrigard and Susan Bement had attended a
meeting conducted by Vita Nuova on Wednesday, March 27, 2008 that was convened
for the purpose of explaining the aforementioned “Expression of Interest”
process. The information gathered
through the Expression of Interest process will be turned over to CY for their
consideration in how to proceed in the sale of the property. Although CY
originally indicated an intent to place the property in conservation following
the decommissioning process, they are now indicating that a portion may be sold
for development while the remainder would be sold for conservation. It is indicated that such a scenario is
necessary because of CY’s fiduciary responsibility to shareholders and rate
payers.
In order to obtain the available detailed
information package on the CY parcel, each of the 210 interested parties would
have to sign a confidentiality agreement. The ramifications of signing such a
confidentiality agreement by a public agency such as the Gateway Commission is
not clear. The DEP has expressed
interest in acquiring the land. The question arose as to whether public agencies
such as DEP and Gateway could legally enter into a confidentiality agreement. Should individual members of the Commission
express interest in preserving the property with partners?
Steve Williams asked if the property is free of
liability and wondered whether the new owner assumes responsibility for the
stored nuclear waste?
All expressions of interest must be received by
June. Nancy Fishbach moved that the
Gateway Commission contact Vita Nuova and express interest in the property. The
motion was seconded Sue Bement and unanimously approved.
D. CT Land Conservation Council
Downes reported receipt of a letter from the
Connecticut Land Conservation Council requesting funding. It was agreed that,
although the Gateway Commission is not a source of funding, there is a need for
the Council to exist.
E. Raised Bill 432, An Act
Concerning Harbor Management Commissions
Downes reported that he testified on behalf of
Raised Bill 432 that would have enabled Connecticut Harbor Commissions to
establish aesthetic standards for docks.
The bill did not get out of the Environment
Committee. There was brief discussion on
what authority a local commission actually has, given state authority over
activities in public trust waters of the state and which commission should have
such authority.
F. Tree Cutting
Downes presented a website link that presents a
Massachusetts Appellate Court case regarding the issue of tree-cutting for the
purposes of enhancing views where a landowner hired a contractor to cut trees
on a neighbor’s property without permission.
Nancy
Fishbach noted that an applicant had been waiting to present his case. She
suggested that the agenda be amended to allow him to present his case and that
henceforth, the agenda be arranged to allow applicants to present their case and
leave if they so chose.
A
motion was made by Nancy Fishbach to postpone the rest of the agenda until
after the Referrals were considered. The motion was seconded by Ed Marlowe and
unanimously approved.
A. Supple, Haddam
William
Supple appeared before the Commission and presented his case to build an
addition on his cottage at 116 Little Meadow Rd. in Haddam. Downes augmented
the presentation by projecting a 2007 aerial view of the property. Mr. Supple supplied a composite current photo
of the neighborhood showing another house that is being constructed. Mr. Supple obtained permits for the proposed
addition in 2002. Family circumstances caused him to postpone construction. In
the meantime, the Gateway Standards became more restrictive and, as a result,
variances are now needed where they weren’t at the time of the original
application.
The
addition would double the size of the house but would be no closer to river
than the present structure and will still present a relatively narrow facade.
The structure is on pilings in the floodplain. Mr. Supple indicates that Federal
flood insurance requires that the trees remain in front of the structure and he
has no intention to remove them.
Based
on having received the previous permit, Raoul De Brigard moved that the plan be
approved subject to an easement to keep all trees in place or subject to local
site plan approval where conditions could be placed on the approval to retain
said trees. The motion was seconded by Ed Marlowe and unanimously approved.
DiBrigard
asked the staff to inquire about the other house that is being built immediately
adjacent to the Supple house without having been referred to the Gateway
Commission.
B. Heise, Haddam
A
proposed addition at 52 Landing Road, Haddam is to the rear of the property and
existing residential structure and probably cannot be seen from the river. No
trees will be removed as a result of construction. Variance is needed because
the proposed addition will extend to within 6 inches of the rear property line
(DEP railroad ROW) within the rear setack.
The DEP was aware of the proposal and did not oppose its construction as
it resulted in the removal of a previous encroachment on the ROW.
Nancy
Fishbach moved that since the view of the addition is blocked by the existing
structure and not substantially visible from the river and since no trees will
be removed, there is no violation of Gateway standards. The motion was seconded by Ed Marlowe and
unanimously approved.
C. Agenda
It
was agreed that, henceforth, referrals should be heard at the beginning of the
meeting.
IV. Finances
A. Treasurer’s Report
Discussion on finances was resumed. The monthly
expense report for FY 2007/2008 was circulated.
Nancy Fishbach noted that CRERPA expenses are close to exceeding the
budgeted amount for the year. It was agreed that the budget is not binding. An explanation of the higher monthly CRERPA
charges extending prior to the staffing duties of Mr. Downes was requested for
information purposes.
B. Payment of Bills
Ed Marlowe moved that the invoice from CRERPA be
paid. The motion was seconded by Nancy Fishbach and unanimously approved.
Sams,
Old Saybrook
Downes
reported on a judge-mandated settlement hearing on the unpermitted gabion wall
on the Connecticut River. No settlement
was reached. The Judge Levin rescheduled the hearing to a time when the DEP
Commissioner (who delegated the appearance duty to a staffer) was to appear in
person. Downes reported that the
municipal proceeding for approval of a modification of the gabion wall is
before the Old Saybrook Zoning Commission.
The public hearing has been concluded and the Zoning Commission is
within their statutory deliberation period. Old Saybrook Representative Madge
Fish announced that she had recused herself from consideration of the case as a
member of the Zoning Commission.
Judy
Preston reported on progress developing
tree-cutting standards, indicating that she will be prepared to make a
presentation at the Gateway’s meeting on April 24, 2008. Preston will report on
possible suggestions for amendments.
Ed
Marlowe circulated an editorial from the March 17 issue of the Hartford Courant
praising the riparian buffer legislation that Preston is promoting.
DiBrigard
suggested that she contact Mr. Supple and suggest appropriate ground covers for
his property on the river.
VIII. Status of 2004 Standards
With Old Lyme having adopted their new Zoning Regulations, including the 2004 Gateway standards, only Essex remains as the lone Gateway town . Of the eight Gateway towns, Essex remains as the only town that has not adopted the 2004 standards. Chairman Vollono and Downes will coordinate efforts to discuss adoption of standards with land use Commissions.
Preston reported that she has assembled most of the Gateway files in
one place.
Ted Crosby suggested that they be scanned and
electronically filed. Both Steve Williams and Nancy Fishbach suggested that Preston
check on the legal requirements for retaining paper copies of records in the
event of electronic copying.
The meeting was adjourned at 9:20 P.M.
Respectfully submitted,
Madge Fish, Secretary