CONNECTICUT RIVER GATEWAY COMMISSION
REGULAR MEETING MINUTES
June 25, 2009
Deep River: Amy Petrone, Nancy Fischbach
East Haddam: Harvey Thomas, Robert Boulware
Essex: Ellen Whaley, Fred Vollono
Fenwick: Chuck Chadwick
Haddam: Susan Bement, Vacancy
Lyme: Kevin Mazer, J. Melvin
Woody
Old Lyme:
Vacancy, Ted
Crosby
Old Saybrook:
Madge Fish, Vacancy
CRERPA: Steve Williams
Midstate RPA:
Raul De Brigard, Stacia DeMichele
DEP:
David Blatt
Staff:
J.H. Torrance Downes
Tidewater:
Judy
Preston
Guests: Atty. David Royston,
Steven Tagliatella
Call to Order
Chairman Melvin Woody
called the regular meeting of the Gateway Commission to order at 7:38 pm in the
CRERPA meeting room.
Approval of Minutes
Peggy Wilson moved to accept the minutes from May 28,
2009. Madge Fish
seconded. Approved
unanimously.
Correspondence and Staff Report
Staff
presented numerous items of correspondence (see attached Gateway Notes,
6/25/09). Of note:
(1) The
GW asked staff to send a letter of support to the DEP regarding the Campbell
Hudson request for support of DEP reconsideration for the Mellon easement at
the Goodspeed Airport. Letter to include a
statement regarding the preference
that the easement language did not provide for expansion of airport facilities.
(2) GW
accepted the Scott Thompson letter
of resignation. Woody indicates that he has had discussion with a potential
candidate for Thompson’s replacement. Bement to ask BOS to make her the regular member and not the alternate.
(3) Request
for signature of auditor’s Confirmation of Understanding letter dated June 4,
2009. Woody signed.
A
copy of Correspondence and Staff Report notes (Gateway Notes) are filed with
these minutes.
Treasurer’s Report
Upon a motion
by Susan Bement,
seconded by Ted Crosby, the GW
approved the paying of the present bills in the amount of $2151.97 (CRERPA) and
$1120 (Tidewater, May/09). Passes unanimously.
Upon a motion
by Nancy Fischbach, seconded by Susan Bement,
the GW voted to amend the approved budget to pay the Land Trust Alliance dues
in the amount of $550 based upon the GW operating budget. This is up from last year’s dues payment of
$325.
Wilson
reported that investments were in better shape than recent months, with Fischbach adding that the value of the
portfolio is ahead of where it was in October.
Referrals
Old Saybrook,
Petition for a Change to Zoning Regulations in the SP-3 District to allow
“hotel suites”. Attorney Royston presented the background for
a request to amend zoning regulations to allow “hotel suites” in the existing
apartment buildings and adjacent buildings, all located on the west side of
Bridge Street in the block located between College and Cove Streets. Permitting of “hotel suites” primarily
concerns the use occurring inside of the existing structures. Any external modifications would have to
comply with existing zoning regulations which include the 2004 Gateway
Standards. Discussion ensued regarding
the potential “intensification” of use and the possibility that such
intensification could create a visual impact at the site. Nancy
Fischbach made the motion, seconded by Susan
Bement to approve the change to the zoning
regulations as there is no impact as to mass and visual appearance from the
river and change is only as to use. The
motion was approved unanimously.
Old
Saybrook, Petition to Establish an Incentive Housing Zone Overlay in the Ferry
Point Area. Attorney Royston, who worked on the proposed
regulations on behalf of the Hope Partnership, described the reason for the
Petition, which is being submitted by the Town of Old Saybrook. The overlay area in the petition is located
in the Ferry Point area of Town where a limited amount of Gateway Conservation
Zone exists. The majority of the
designated area is located outside of the Conservation Zone, but for that area
within the zone, all existing Gateway Standards apply in terms of height,
coverage, etc. Although there may be
more of a density of development, all buildings will be built to current bulk
standards including the Gateway maximums.
Ted Crosby asked if all of
the 2004 Gateway Standards have been adopted in Old Saybrook. Royston indicated that they have. Crosby
commented on the fact that Old Saybrook has adopted more than the minimum standards and commended their forward
thinking in this respect. Nancy Fischbach moved to approve, with Madge Fish seconding as there will be
no change to mass or height of buildings within the Gateway Conservation Zone
over what can be approved under current regulations.
Haddam,
Discussion of Approved Variance and Scheduled Meeting with the Haddam P&Z.
Staff reported on a land use situation in Haddam/Chester that arose as a
result of a question from a potential purchaser of the property located at 192
Saybrook Road which straddles the Chester/Haddam municipal boundary. In fact, the structure in question straddles
said boundary. As a result of a question
from the buyer, it was discovered that a sideline variance application for the
relocation and expansion of the garage and house at the riverfront site was not
referred to the GW as required by statute.
Plans showing the proposed development, which must first be approved via
Special Permit (over 4000 SF), were provided to interested GW members. In that the variance was approved by the
Haddam ZBA in January of 2009, any appeal opportunities have long since
passed. Staff of the GW indicated that
the situation is being used as an opportunity to reach out to Haddam staff, the
Haddam P&Z and ZBA. Staff reported
that, through the coordination of GW member Stasia DeMichelle, a meeting will occur on July 16, 2009 between
the P&Z and staff/members of the Gateway Commission in an effort of
outreach. A similar meeting is
tentatively scheduled between the ZBA and Gateway on July 30, 2009, although
this meeting may be postponed until after Labor Day.
Tidewater
– Riparian Buffer Grant
Judy Preston
discussed the status of the EPA grant, clarifying the expected output of the
grant: a set of model
regulations/standards that could be used in other jurisdictions as well as
brochures. The grant included the notion
that there was to be an effort to “facilitate” adoption in member towns
although it seems clear that “adoption” was the best case outcome. Preston reported that the EPA granted a
thirty day extension to the filing of a final report to July 31, 2009. DiBrigard proposed
adoption as they are for member towns.
In a motion
by Harvey Thomas, seconded by David Blatt, it was found that the
Gateway Commission should endorse the working draft of the 6/25/09 edition of
the draft standards prepared by the Tidewater Institute with the commitment to
refine the draft by working with the ZEOs, other Town staff and the member
Planning & Zoning Commissions working toward adoption. Motion passed unanimously.
Tidewater
– Meetings with Gateway Town Staff
As per GW suggestion,
Preston, Downes and Harvey Thomas
met with East Haddam Land Use Administrator Jim Ventres
on Tuesday, June 16, 2009. Ventres indicated support for the need for such riparian
regulations. Ventres
reviewed the standards during the meeting reporting on the need for particular
revisions including the purpose statement, issues regarding who should be in
charge of enforcement (appointment of IWEO), photos of various conditions of
buffers (four), location of fences within buffer (50 ft vs. 25 ft). In an email of review, Deep River ZEO Cathie
Jefferson strongly supported the need for such regulations, especially for
post-violation replanting requirements.
Status of
2004 Standards
Ellen Whaley
reported that she has been talking informally regarding the adoption of the
2004 standards. Whaley reported that the
time to pursue adoption may best be scheduled for the post-election period.
Status of
Gateway Owned Properties
Downes
reported on the completion of the inventorying of the Ballek
file as an example of what information may be included in the land files. Suggestions were made regarding the form of
information that should be found in the files including the lack of need for
the “status sheet”, the need to give each parcel a unique identifier for mapping
purposes, the need for a comments section and the need to include the map and
lot number in the identifier code.
Other
Business
It was noted
that committee membership will be pursued at the Gateway workshop scheduled for
July 13th to be finalized at the July scheduled meeting on July 23,
2009.
Adjournment
There being
no further business, Peggy Wilson moved
to adjourn the meeting at approximately 10:05pm, seconded by Martha Wallace.
The next regular meeting of the
Gateway Commission is
Thursday, August 27, 2009
Gateway Items of Interest
May 28, 2009
Correspondence
·
National Estuary Program, Vulnerabilities
to Climate Change, Report of Collaborative Watershed Program in New
Hampshire/Southernmost Maine. www.prep.unh.edu
· Land Trust Alliance, Notice of Annual Dues, annual membership dues of $325, same as last year. Among other reasons, this membership provides the liability insurance carried by the Gateway Commission for properties under the ownership of the Commission (which will ultimately be transferred).
· Land Trust Alliance, 2008 Annual Report
· Restoring Ecosystem Flows in the CT River Watershed, TNC, CT River Program
Request for contact information from Chris Hatfield (ACOE) and Kim Luntz (TNC). Also, request for the completion of a survey regarding the CT River.
· Signatures on Merrill Lynch Authorization Form.
Staff Report
(1) Riparian Buffer Measurement Field Visit – Member Ted Crosby, Tidewater representative Judy Preston and GW Staff J. H. Torrance Downes visited the riparian buffer off Binney Road in Old Lyme to test the riparian buffer measurement procedures in a location of fairly dense vegetation in a steep slope setting. Preston to discuss the effort during her Tidewater report.
Variance Referrals/Regulation
Proposals/Special Exception Reviews
(1) Essex, 70 North Main Street, Andrew & Elise Kressley. Construction of an addition to a dwelling plus a detached 3-car garage on two lots that have been combined. Project requires a variance of the 7.5% ground coverage limitation. Location of property is such that there is little or no view of the structure from the river or its tributaries or associated wetlands. Project would not be “adverse to the protection and development of the conservation zone” pursuant to Section 25-102h CGS.
(2) Deep River, Zoning Regulation Amendments. Adoption would not be “adverse to the protection and development of the conservation zone”. Of note, in March the Gateway Commission “approved” the modification to Deep River Zoning Regulations to allow preparation or food processing with sale of food products on premises in the Harbor Development District by the river. This proposal splits the permitted use into two separate subcategories – retail and wholesale. Not adverse to the protection, etc. because all of the Special Standards regarding appearance from the river still apply.
(3) Deep River, Amendment to 2007 PC&D. Update to reflect last two years of accomplishments in the goals of the 2007 Plan. No impact.
Status of Standards
No update at this time. E-mailed Fred Vollono to connect with Essex representatives in an effort to have one of them attend meetings. This will enable moving forward on Standard adoption.
Transfer of Gateway Property
The transfer of the Ballek
property has been completed with a copy of the deed and a thank you letter from
Governor Rell sent to the Commission.