CONNECTICUT
RIVER GATEWAY COMMISSION
REGULAR MEETING
MINUTES
September 25,
2008
Deep
River: Amy Petrone,
Nancy Fischbach
East
Haddam: Vacancy, Robert
Boulware
Essex: Ed Marlowe, 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: Liz David, Wayne DeVoe,
Merrill Lynch
Call
to Order
Chairman
Fred Vollono called the regular meeting of the
Gateway Commission to order at 7:40 pm in the CRERPA meeting room.
Approval of
Minutes
Nancy Fischbach moved to accept the minutes from August 28,
2008. David Blatt seconded. All were in favor.
Guests
Liz David and Wayne DeVoe from Merrill Lynch/BOA presented an update on the sale of Merrill Lynch to Bank of America. No structural changes are anticipated at this time. A copy of their report on Gateway’s investment exposure is filed with these minutes.
Attorney Campbell Hudson addressed the Commission regarding a potential scenic easement at the Goodspeed Airport from Timothy Mellon. This is the third time an easement has been proffered by Mr. Mellon on this property. The easement has not been recommended for acceptance by the DEP as reported in a 7/29/08 letter from the DEP reporting that the donation did not meet the criteria of the State’s Recreation and Natural Heritage Trust Program; reviewing subcommittees purportedly rated the easement as not being significant enough to accept. Atty. Hudson has now taken this easement as a personal crusade because he believes the property is truly of significant conservation value. Toward that end, he is coming first to the Gateway Commission to bring the topic up for discussion, hoping the Commission will “go to bat” at the State level to get them to reconsider acceptance of an easement on the property. Discussion included consideration of whether or not the Gateway Commission Land Trust could accept the donation, at least until such time that the DEP reconsiders their decision. A copy of the written history of the easement as provided by Atty. Hudson at the meeting is filed with these minutes. The Commission will study the situation and consider the request at next month’s meeting.
Staff Report
& Correspondence
A copy of the Staff Report is filed
with these minutes.
Treasurer’s
Report
Peggy Wilson presented the month’s Treasurer’s report.
Nancy Fischbach moved to pay
the month’s bills for $1640.78 to CRERPA, and $1120.00 to Tidewater. Steve
Williams seconded. All were in favor.
Tidewater
A copy of Judy’s Tidewater report is filed with these minutes.
Referrals
As reported in Staff Report notes and to be discussed at October’s meeting.
Status of 2004 Standards
As reported in Staff Report notes.
Status of Gateway Owned Properties
As reported in Staff Report notes.
New Business
No new business.
Adjournment
There being no further business, Madge Fish moved to adjourn the meeting at 10:00 pm.
Respectfully submitted,
Dorothy Papp
The next regular meeting of the Gateway Commission is
Thursday, October 23, 2008
Gateway Items of Interest
September 25, 2008
Guests
(1) Liz David, Merrill Lynch. Brief discussion of current market issues and their potential impact on the Gateway portfolio investment.
(2) Campbell Hudson. Brief discussion of Tim Mellon’s desire to establish a conservation easement (formerly reviewed by Gateway Commission) at the Goodspeed Airport property.
Staff Report/Correspondence/Updates/ To-Do
(1) Climate
Change Symposium, East Haddam – October Keynote Speaker Gary Yohe – Co-Nobel Prize Winner with Al Gore. Gateway Commission would have a “booth” and
show their presence as an environmental partner in the lower CT River. Any interest in participating?
(2) 22nd Annual Rockfall Symposium Brochure. The Economy and the Environment. Friday, October 17, 2008.
To be passed around at meeting.
(3) Citizen Letter, Louise Tietjen, North Cove Road, Old Saybrook. Concern over removal of trees from adjacent property on Saybrook Point in the Gateway Conservation Zone for the purpose of constructing a driveway (pdf copy of Tietjen letter attached). A site visit on 9/23/08 indicated that a few smaller trees were removed in order to construct a driveway on the North Cove Road side of the property (as reviewed on aerial photo from last year). It’s the opinion of staff that the removal of several trees and construction of the driveway does not adversely impact that “natural and traditional riverway scene”. Further, the area of driveway construction is (1) not within the 100 foot riparian buffer, and (2) doesn’t require either a variance or a zoning permit. This may be more of a neighbor dispute than anything else. Unless there’re questions from the Commission, I don’t intend to belabor this one during the meeting (see photograph).
(4) Otfinoski Update. DEP has indicated that grant awards will
likely be made at the end of October. If
that award amount impacts the amount Gateway may give, then the next Gateway
meeting to consider the request with that info in hand will be the meeting at
the beginning of December (the November meeting has traditionally been postponed
to the first week in December due to the conflict with Thanksgiving on the
fourth Thursday). Amy Paterson of TPL indicated that, in the meantime,
discussion of conditions that may be imposed could take place. Such conditions
may include requirement of Gateway participation in any plans to improve the
site, habitat creation/restoration/remediation, kayak launch construction,
picnic area, conservation easement.
(5) ZBA
Discussion, Old Saybrook. On Wednesday evening September 17th, Gateway
staff and Old Saybrook Gateway Rep Madge Fish
attended an informational meeting requested by the Old Saybrook
Zoning Board of Appeals. The ZBA was interested in a better understanding of
the Gateway Commission and their responsibilities. The statutory
responsibilities of both the Gateway Commission and a municipal ZBA when a
member of the Gateway “compact” were discussed (see attached Memo summarizing
the respective authorities), photographs of development on the river were shown
and discussed, and a general discussion regarding the partnership of the
Gateway with local ZEOs and Zoning Boards of Appeal were highlighted. A variation of this presentation will be
planned for the other seven Gateway ZBAs.
(6) Dredging
of Old Saybrook’s North Cove within the Gateway
Conservation Zone. With the help of
Rep. Joe Courtney, funding for the dredging of North Cove has finally been
appropriated. Dredging will begin at the
end of October. The funding was reported
in newspaper articles as coming from an “energy and water bill”.
(7) Letter
of Violation, 15 Mallard Drive, Old Saybrook. ZEO Costa has sent a letter of violation to
property owners at Mallard Drive where a hillside within the 100 foot riparian
buffer has been cleared. Costa has
requested the property owner to call and discuss intentions and how the slope
will be stabilized.
Variance Referrals
Tim
Mellon, 117 Ely Ferry Road. Received on September 25, 2008, the day of the meeting. A letter was sent to the Lyme ZBA requesting
the continuation of the public hearing so that the Gateway Commission could
have the time to properly consider and make findings on the proposal. Application will be reviewed by the Gateway
Commission at their October 23, 2008 meeting.
Special Exception Reviews
None.
Status of Standards
Staff of CRERPA and the Gateway Commission met 9/24/08 with the new consulting Town Planner for Essex, John Guszkowski. Among other issues, he was apprised of the desire of the Gateway Commission to have the Essex Zoning Commission adopt the 2004 Gateway standards. Guszkowski, having worked at the Capital Region COG, is well aware of the Gateway Conservation Zone and indicated his belief in such regional compacts. His expression of interest in the goals of the Gateway Commission provide an opening to pursue adoption of standards in Essex in the future.
Transfer of Gateway Property – Balleck
Suzanne Barkyoumb has contacted
Gateway staff and indicated that there is a slight “snag” to overcome in the
transfer of the property to the DEP. The
following communication was recently sent via email by Suzanne:
“... I finally have some news, both good and
bad. I finally got the title search update, so that piece of the puzzle
is set. However, the deed must go through a couple avenues for review,
one being the Governor’s office (this step is relatively new).
I’ve come up with two problems. One, the Certificate of
Incumbency and and Board Resolution will be outdated
in 7 days, so they will need to be re-accomplished. I’m sorry for that.
Two, there is an encroachment issue with the house lot (formerly
Ballek) that appears on the survey, that being a
foundation that extends over the property line. Our Park manager for
Gillette Castle is checking on that now – whether it even still exists and what
we might be able to do about it. I only remembered this issue when I was
proof-reading the property description in the deed. I will get back to
you when I hear more....”
Gateway
Staff will continue to report as the encroachment issue unfolds.