CONNECTICUT RIVER GATEWAY COMMISSION

 

REGULAR MEETING MINUTES

 

April 23, 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:                        Margot Burns, CRERPA

                                   

 

Call to Order

 Chairman Melvin Woody called the regular meeting of the Gateway Commission to order at 7:35 pm in the CRERPA meeting room. 

 

Approval of Minutes

Nancy Fischbach moved to accept the minutes from March 26, 2009.  Peggy Wilson seconded.  Approved unanimously.   

 

Guest

Margot Burns of CRERPA introduced the subject of pursuing a collaboration of area land trusts in order to form a “regional” land trust.  The idea for the collaboration was supported by information from the Portland North Land Trust Collaborative.  Commission members agreed that it’d perhaps be better to refer to the effort as an association of land trusts and not the formation of a new land trust. Discussion included the idea of having an association coordinator that would be responsible for database upkeep and record keeping.  Commission members were supportive and felt a good first step would be to call a meeting of willing land trust representatives to start discussion about such an association, including what needs do the individual trusts feel that have and how an association with a coordinator could assist them in achieving their individual and collective preservation efforts.  Comparisons to the current effort to coordinate preservation efforts at CY’s Haddam Neck site were made. The Commission agreed to conduct a workshop on Wednesday, May 13th in order to discuss the idea further with Burns.   

 

Correspondence and Staff Report

Staff discussed several issues as a part of this month’s report.  First,  the Commission was informed that the response to a comment regarding a March 20, 2009 New London Day article on the Old Lyme wind turbines was submitted to the paper (it appeared online on Friday, April 24, 2009 under the title “Gateway Commission Has Its Eyes Wide Open”).  In a related report, staff presented several photos of two residential wind turbines that have been installed and are operating on the hillside above I-95 in the vicinity of the Connecticut River off Hilltop Road in Old Saybrook.  Fischbach noted that, based upon some photos and an article that had been seen, perhaps the Commission should revisit discussions about outright turbine prohibition in the Gateway Conservation Zone.  A comment was made that perhaps the Commission should not require that turbines operate at full efficiency in order to be considered, that perhaps property owners were willing to pursue alternative energy sources even if payback wasn’t guaranteed.  One member disagreed with such an approach.  Members agreed that discussion of this topic should be held another time when more time could be devoted.

 

Second, questions involving a single property off Joshuatown Road in Lyme raised two questions that required Commission input and interpretation.  One question posed was, in the event a parcel of land was within the boundary of the Conservation Zone, but the structure itself was not, would any changes to that structure be considered as those that must comply with Lyme Zoning Regulations based upon Gateway Standards.  The Commission agreed that, if the structure does not fall, even partially, within the Conservation Zone boundary, it was not subject to the Gateway jurisdiction.

 

Last, on the same property, the question was raised regarding height measurements.  If a 28 foot structure (as measured from existing natural grade) on a sloping hillside were to have a “walk-out” basement constructed   by excavating 10 feet below existing natural grade, what would the measured height be?  The downhill façade would measure 38 feet (28 feet plus the additional 10 feet of excavation).  The zoning regulation and Gateway Standard state that the measurement is made from “existing natural grade”, not the elevation created by the excavation.  Commission members agree that a letter should be sent to the eight town P&Z Commissions indicating that, in such instances,  the height measurement should be made from existing natural grade or the excavated elevation, whichever produces the greater height measurement.  Motion to send such a letter made by Nancy Fischbach, seconded by Peggy Wilson.

 

A copy of Correspondence and Staff Report notes (Gateway Notes) are filed with these minutes.

 

Treasurer’s Report

A treasurer’s report wasn’t available for the meeting and therefore no action was taken on the Report.  The Commission voted to approve CRERPA and Tidewater bills totaling $1231 and $1120, respectively.  Motion was made by Harvey Thomas and seconded by Susan Bement.  The vote was unanimously approved.

 

In another matter, the Commission was informed that the 2009/10 budget would be discussed at the scheduled meeting on May 28, 2009. 

 

Referrals/Regulation Petitions

Essex. 24 Cove Rest Pentway.  Variances are request for sideline/rearline setbacks due to the unusual and narrow configuration of the property located on South Cove in Essex.  The property owner proposes to build a garage with office space over top in a spot to the rear of the residential dwelling opposite the Cove and on a hillside.  As a part of the referral review, staff presented criteria that are commonly used to review variance applications in situations where staff makes a determination regarding potential impact to the “natural and traditional riverway scene”.

 

On the variance request, the Commission determined that they were not opposed to the granting of the variances because (1) the garage is proposed to be located as far back from South Cove as the property will allow and is to the rear of the dwelling, and (2) the residential structures around the site present a significant enough visual “bulk” so as to render the addition of the proposed garage in that location insignificant in its visual impact.  Motion to not oppose was made by Raul DiBrigard and seconded by Harvey Thomas.

 

As for the question of how staff will continue to review variance applications and decide which should be brought to the attention of the Commission and which can be reviewed at staff level, it was agreed that staff will continue to review according to the criteria currently used (memo attached) and will then report such reviews to the Commission on a monthly basis.  The Commission indicated that applications which proposed development in closer proximity to the Connecticut River, its tributaries and associated wetlands should be considered as higher priority with respect to Commission review.

 

Old Lyme, Zoning Regulation Proposal for  PRCD Density Incentive.  Petition submitted by Osprey Landing, LLC.  The Commission discussed the potential for the proposed regulation to further “cluster” Planned Residential Conservation Development beyond that already permitted  in Old Lyme Zoning Regulations.  If such a further “densification” occurred on properties within the Gateway Conservation Zone (beyond that already permitted), concern was raised that such regulations would set new development patterns that would potentially be inconsistent with most of the density patterns existing within the Conservation Zone on the shoreline of Old Lyme.  The Commission noted that if denser development patterns occurred  outside of the Conservation Zone, that was a situation over which they didn’t have a jurisdiction and therefore had less concern.  As a result, the Commission does not approve the Petition as proposed pursuant to Section 25-102g(b) CGS.  Motion was made by David Blatt and seconded by Peggy Wilson.

 

Discussion of Coordinator Position for CY Haddam Neck

Raul diBrigard thanked the Commission for its support for the Connecticut Yankee Land Conservation Project, including the donation of $3,000 as “seed money” in order to hire and begin paying Coordinator Melissa Spear.  DiBrigard noted that the process of solidifying the partnership is still in process.

 

Tidewater

Judy Preston presented a two-page brochure that serves to educate the public regarding the importance of riparian buffers and instruct on how the riparian buffer measurements are to be carried out.   A diagram was reviewed which presented a simplified view of how the “measurement square” could be laid out with respect to the shoreline.  The consensus of the Commission was to proceed with the two-page brochure as presented and to develop a separate “worksheet” that would address how the measurement of the riparian buffer, including the diagram.  The brochure would be the informational piece while the worksheet would be instruction to those who are required to present measurements in order to conduct work in the riparian buffer.

 

                       

Status of 2004 Standards

No report.

           

Status of Gateway Owned Properties

Staff reported that the legal documents which will be filed for the Ballek transfer have been signed by Governor Rell and have been forwarded to the Office of the Attorney General for final approval.  Once approved by the AG, the documents will be filed in the Office of the Assessor in the Town of East Haddam.

 

Staff also reported that Matthew Starr of DEP Land Acquisition has sent an application for review of open space land that should be used for the transfer of subsequent properties.  Blatt indicated that the review process is used for all properties submitted for consideration to the DEP.  The next property to be transferred will likely be the Klar property in East Haddam.  Preston and Downes continue to work on consolidation of Gateway/CT River Land Trust acquisition properties.

           

Other Business

Susan Bement and Raul DiBrigard raised the issue of trees apparently being removed from the CY Haddam Neck site and the use of heavy equipment.  Members of the Commission were curious about what activities were taking place at the site.

           

Adjournment

There being no further business, Susan Bement moved to adjourn the meeting at approximately 10:10pm, seconded by Nancy Fischbach. 

 

The next regular meeting of the Gateway Commission is

Thursday, May 28th, 2009


Gateway Items of Interest

April 23, 2009

Correspondence

Wiley Architectural Catalogs.  “Building Communities that Work”.

River and Shore Magazine, Late Summer, 2008.  Coastal Lifestyles in Connecticut.

 

Staff Report

Response to the Bray comment in the New London Day was reviewed by the Commission and submitted to The Day for posting on Monday, April 20, 2009.

Photographs of residential wind turbines in Old Saybrook by the “Liberty Inn”, Exit 68 W

(1)  Reverse Platforming.   An issue of “reverse platforming”, or excavation below existing natural grade adjacent to a structure (from which height by definition is to be measured), has arisen in an ongoing variance appeal in the Town of Lyme. Staff to discuss the possible necessity of a regulation revision for the definition of “height” for the eight member towns.

(2)  Interpretation of what is “within” the Conservation Zone.  For example, if part of a property is within the Conservation Zone, but a structure to be modified on that property is outside of the zone, how would the Commission interpret such a situation?  This situation just happens to be the same appeal referred to as “reverse platforming” above.... 

 

Variance Referrals/Regulation Proposals/Special Exception Reviews  

Although specifically drafted for the driving range property behind Cherrystones off Route 156 (outside of Gateway Conservation Zone), the regulation will affect residential property in Old Lyme as new zoning language, including areas within the Conservation Zone.  The language would “entitle” an applicant to what may be a substantial increase in development density (an extra dwelling unit per acre where current density allowance is based upon what would be developable via “conventional” subdivision) if they meet seven broad criteria, thus allowing for the Town to receive the dedication of a larger tract of contiguous open space (that in addition to open space already required under Section 12.14 of the Regulations).  Impact on Gateway property seems to be one of an increased number of condominium-style structures built in higher density than currently permitted (contrary to most residential development patterns in the Conservation Zone) and with reduced buffers as well as potential water quality issues.  An existing 100 foot buffer strip around PRCD development proposed to be reduced to 50 feet.

 

 

 

A memorandum will be presented regarding staff review and impact determination of variance applications using the Kolp Application as an example.  

 

Status of Standards

No update at this time.

 

Transfer of Gateway Property

The Ballek documents were signed by the Governor on Wednesday, April 22, 2009 (one day turnaround).  Now, back to the Attorney General for final signature.  THEN to the East Haddam Town Hall.

 

With identification of East Haddam properties still owned by the Gateway Commission by member Susan Bement, work will continue on the transferring of such properties.

 

The four properties identified as being owned by the Gateway Commission in East Haddam are:

 

 

 

 

 

                                                                                                                                     

The two Ballek properties on River Road in East Haddam are those that the Gateway Commission has been in the process of transferring in recent months and will be completed shortly.