CONNECTICUT RIVER GATEWAY COMMISSION
REGULAR MEETING MINUTES
April 23, 2009
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.