CONNECTICUT RIVER GATEWAY COMMISSION

 

REGULAR MEETING MINUTES

 

July 23, 2009

 

Present/Absent:

Chester:                      Margaret (Peggy) Wilson, Martha Wallace

Deep River:                  Amy Petrone, Nancy Fischbach

East Haddam:              Harvey Thomas, Robert Boulware

Essex:                          Ellen Whaley, Fred Vollono

Fenwick:                       Ethel Davies, Borough Warden

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:                        Marcy Balint, DEP/OLISP

                                   

 

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 June 25, 2009.  Peggy Wilson seconded.  Approved unanimously with correction to the typed May 25, 2009 date.   

 

Correspondence Report

·         Haddam BOS - Letter accepting Scott Thompson’s resignation.

·         Check for $1200.00 from Washington Trust Company – from the 1999 Fuller Charitable Lead Trust

·         Land Trust Alliance RE: Insurance.  JHTD scanned and distributed post-meeting.

·         Alliant insurance solicitation (disguised as renewal)

·         Rockfall Symposium reminder, October 9, 2009.

 

Staff Report

·         Stasia DeMichelle/JHTD provide summary of visit to Haddam P&Z.  JHTD provided summary letter which was distributed at time of meeting on 7/20/09.

·         JHTD reported that Mellon easement support letter had been prepared and sent

·         JHTD reported on Special Exception application for property bisected by the Chester/Haddam town line – the “Alva Greenberg” house.  Questions of variances for structure because it exists in two municipalities and the probability that a Special Exception would be required in each town, even though each portion of the house in the two towns was less than 4,000sf.  Each town to review the structure as if it were 4000sf.

 

Treasurer’s Report

Peggy reported that the Commission came in $10,000 under budget due to a reduction in payments to Tidewater Institute and a savings in investment fees.

 

Upon a motion by Susan Bement, seconded by Martha Wallace, the GW approved the paying of the present bills in the amount of $1503.00 (CRERPA) and $1120 (Tidewater, last payment under contract). Approved unanimously.

 

Question raised with respect to Land Trust Alliance insurance.  Are properties specifically cited in policy? If so, the Ballek property has been transferred and shouldn’t appear as an asset upon which insurance fees are based.  JHTD to check.

 

Tidewater – Riparian Buffer Grant

Report for EPA on Riparian Buffer Grant almost complete.  Judy Preston indicated that she’d like to present the report at the Commission’s August meeting.  Endorsement letter for report requested by Commission (completed and delivered to Preston on Friday, July 24, 2009).  Preston thanked the Commission for their support and indicated that a significant body of research had been accumulated and is available .

 

Referrals

Old Lyme.  Proposal to amend height regulation consistent with Gateway Commission request regarding height measured from a new excavated grade. Proposed language is identical to that suggested by staff.  Regulation proposal approved with motion by Nancy Fischbach and second by Susan Bement.  Approved unanimously.

 

Referrals Reviewed by Staff

Essex.  Three applications for variance were found by staff to be approvable without significant impact to the “natural and traditional riverway scene”.

·         Stephen Craig, 20 Meadow Woods Road.  Off Book Hill Road over a mile away from river in a densely treed area.  Proposal to construct deck and three season porch.

·         Park & Rec Commission, 11 Saybrook Road.  Proposal to build a basketball court with fences in the area of the Essex Fire House at the corner of Route 154 and West Avenue.  Area is not seen from the Connecticut River.

·         Richard Langdon, 4 Cross Street.  Cross-street between Main Street and Pratt Street in Essex Village.  Second story on an existing one story garage.  Site surrounded by 2 ½ story residential structures and far enough removed from the river and cove so as not to be seen in any significant way.

Regional Land Trust Effort

Meeting on September 16th is scheduled for the Chester Meetinghouse.  JHTD related discussion held between Linda Krause, Margot Burns and JHTD regarding a potential next step after the September 16th meeting.  Discussion included who may be willing to be a coordinator: Gateway, CRERPA or other entity.  It was agreed that it was reasonable to see what the needs of the participants are before any commitment is made to coordinate the effort.  Upon the mention of whether or not Margot Burns was willing to act as staff to this regional effort, some members indicated that they thought she was offering her services while others didn’t feel that she was.  Burns indicated in discussion with Krause and Downes that depending upon what the duties were, how much it would take away from her existing priorities and if CRERPA would authorize her to do this work, that she may or may not be interested in staffing at some level.  It was brought up that perhaps the Commission’s “Land” committee should deal with the details of this issue as time goes on and the effort unfolds.  From perspective of Gateway Commission expenditure, discussion of cost of moving forward was discussed.  Motion by Raul Debrigard, seconded by Peggy Wilson for Gateway to expend no more than $500 on time spent moving beyond the initial September 16, 2009 land trust meeting.  Approved unanimously.

 

Committee Structure

Upon a motion by Peggy Wilson, seconded by Martha Wallace, a committee structure consisting of three new committees was added to the existing Finance Committee.  Motion passes unanimously. The three new committees are the Land (stewardship acquisition), Outreach (PR, education, outreach), and Rules & Standards committees.  “Membership” issues would fall under Rules & Standards committee.  Finance committee is pre-existing committee. Using the first name of committee members, the member with the “earliest” alphabet letter name is to initiate contact with committee members to establish a timeline for meeting and protocol.  Contact to be initiated by August meeting date with report of plan for first meeting to be delivered at the meeting.  If committee isn’t able to meet by the August meeting date, a report of the date the committee will meet will be provided.  Members of each committee would discuss what the long term responsibilities and objectives of said committees will be.   

 

Status of 2004 Standards

Ellen Whaley reported that she is still informally inquiring about the adoption of standards.  She reported that she will attempt to contact Fred Vollono to determine what his plans are for Commission involvement.  Whaley prefers to talk with various selectmen prior to talking to Vollono.

 

Status of Gateway Owned Properties

No change.

 

Other Business

Motion by David Blatt, seconded by Ellen Whaley to convene the August 27th Gateway meeting only if JHTD notifies Commission that there is a requirement to meet, such as the need to deal with a time-sensitive matter like variances.  Approved unanimously.

 

JHTD handed out the requested list of staff tasks and duties.  Tasks will be reviewed by the Rules & Standards committee to see if there are any tasks that could be handled by the committee and not JHTD.

 

JHTD provides a list of JHTD tasks requested by Commission.  Nancy Fischbach comments that perhaps the staff task list should be discussed by Commission or by committee.  Peggy Wilson comments that Commission must be careful that staff is asked to do too much and perhaps rules committee can take some of the burden away from staff in terms of hours.  JHTD points out that a list of what’s on the Gateway Commission’s “plate” in terms of projects and direction have been included on the bottom of the agenda.

 

(1)   Vetoed Haddam Land Swap

Discussing the Town of Haddam, it was noted for the record that Susan Bement was officially appointed as the representative for the Town.  Discussion then centered on the vetoed legislation regarding the swapping of land in Haddam by Steven Rocco, the DEP and Goodspeed Opera House.  Motion by Ellen Whaley, seconded by Martha Wallace, to have staff prepare a letter based upon notes previously presented by Fischbach and Debrigard, to be reviewed by Nancy Fischbach and Raul Debrigard.  The letter is to have a combined distribution to Representative Jamie Spallone, Senator Eileen Daily and Acting DEP Commissioner Amey Marrella and copied to Governor Rell, the Haddam BOS, Haddam P&Z, East Haddam BOS, East Haddam P&Z, the Hartford Courant and the Haddam Bulletin.  Letter to be prepared, reviewed and sent by close of business on Friday.  Motion carried unanimously with David Blatt abstaining.

 

A second letter is then to be prepared and sent to Governor Rell, thanking her for vetoing the legislation, even though the veto occurred for other reasons.  Letter is to be copied to Tom Tyler.

 

Subsequently, an additional letter should be sent to Spallone and Daily proposing legislation that requires the DEP to consult with the Gateway Commission on any potential disposition of state land within the Gateway Conservation Zone and offer the Gateway Commission the first right-of-refusal to the Gateway.  Copy of letter to be sent to Marrella and Tom Tyler by August 1st.  Motion to approve made by Ellen Whaley, seconded by Nancy Fischbach. Approved unanimously with David Blatt again abstaining from vote.

 

In conjunction with this discussion, Ellen Whaley asked if a mapped inventory of state land is available for review.  JHTD to inquire of Margot Burns for such a map.

 

(2)   CY Conservation Project (CYCP)

Following discussion including a telephone call between Gateway staff and CYCP Staff Melissa Spears regarding how to proceed in the EOI process, the Commission authorized JHTD to inform Vita Nuova of the following:

 

(a)   The Gateway Commission defers their decision making in the process to those involved with the CYCP who will represent the Commission’s interests until stated otherwise,

(b)   The Commission will not “drop out” of the process, remaining in the event that any progress made through the CYCP slows or ends.

 

Motion made by David Blatt, seconded by Peggy Wilson.  Unanimously approved with Nancy Fischbach and Raul Debrigard abstaining.

 

Adjournment

There being no further business, Peggy Wilson moved to adjourn the meeting at approximately 9:45pm, seconded by Madge Fish. 

 

 

The next regular meeting of the Gateway Commission is

Thursday, August 27, 2009

 

 

 

Gateway Items of Interest

July 23, 2009

 

Correspondence

·         Thompson Resignation, Haddam. Letter indicating official acceptance of Scott Thompson resignation from Haddam P&Z.  Letter reports that Susan Bement is “still willing to serve” and will be reappointed at the next BOS meeting.  First Selectman indicates that he is in the process of writing letters to send to Town Committees requesting suggestions for a second Gateway representative.

·         Fuller Family Trust, Washington Trust Wealth Management.  The Gateway Commission is in receipt of a check for $1200 from the referenced family trust.  The Fullers lived in the Essex area in years past.

·         Haddam Bulletin. “Backroom Deal”, and Spallone Letter to the Editor. Other various documents and newspaper articles including 7/23/09 Courant editorial.

·         Land Trust Alliance. Conservation Defense Insurance Commitment to Participate.

·         Alliant Insurance Renewal Notice (addressed to Nancy Fischbach).  Conserv-A-Nation Program.

·         Rockfall, Save the Date, 10/09/09. 23rd Annual Rockfall Symposium.  Greenlight for Our Economy”.

 

 

Staff Report

·          Gateway/P&Z Coordination.  JHTD and Gateway Rep Stasia DeMichelle visited with the Haddam Planning & Zoning Commission on Monday, July 20th, 2009.  The interaction of the Gateway Commission and the Town through the P&Z was discussed.  Copies of a summary letter were provided (copy provided).  A meeting between Gateway staff and Member(s) and the Haddam ZBA is tentatively scheduled for October 29, 2009 to specifically discuss how the ZBA and Gateway Commission function together.  The presented document will be used as a template for the other member P&Zs as well.

·         Mellon Easement/DEP Land Acquisition. Prepared letter requesting reconsideration of support for Mellon/Goodspeed Airport scenic easement.

·         Chester/Haddam. Town line renovation of Alva Greenberg house.  Exceeds 4,000 sf.  Review conducted and submitted to Haddam P&Z.  Chester land use office, however, was unaware of the project, some of which occurs in Chester. Gateway staff facilitated connection of the Chester and Haddam land use offices and will likely send the same Special Exception review letter to the Chester P&Z with the salutation changed for Chester.  Even though the portion of the structure existing and proposed in each municipality does not exceed 4000sf, the overall size does and both towns will be reviewing their own Special Exception.  A variance will be required in Chester which will come before the Gateway Commission.

 

 

Variance Referrals with Impacts Reported by Staff to be Insignificant

·         Essex – 20 Meadow Woods Road.  Off Book Hill Road in a significantly wooded area. Application to construct a deck and three-season porch at an existing residence located approximately 1 mile from the river.  Construction project is insignificant in size compared to the existing structure and, because of trees (leafed or bare), cannot be seen from the river.

·         Essex – 11 Saybrook Road.  In the parking lot area of the Essex Firehouse/CL&P facility at the corner of Saybrook Road and West Avenue near Exit 3 off Route 9.  Location cannot be seen from the CT River.

·         Essex – 4 Cross Street.  Within the Village, construction of a second story and cupola atop an existing one-story outbuilding “nestled” in amongst numerous 2½ story residential dwellings.  The proposed height will not to exceed 35 feet.  Existing structure is a garage and “in-law” apartment and will is proposed to be a second story accessory apartment and first floor garage.

 

 

Variance Referrals/Regulation Proposals/Special Exception Reviews for Commission Review

Old Lyme. Revision to Gateway Standards to include corrective language resulting from Lyme excavation project.  New language in definition of height:  “... or which is visible from a new, excavated grade, whichever creates the greater height dimension..”.

 

 

Status of Standards

No report at this time. 

 

 

Transfer of Gateway Property/Inventory Project

Discussion of progress to occur under Transfer of Property agenda item.