Minutes of the Old Lyme Conservation Commission
February 2, 2005, 7:00 pm
Members: Janet Bechtel
Mariette Brown
Ted Crosby (ex officio representing Gateway Commission)
Eleanor Czarnowski
Taffy Holland
George James
David McCulloch
Martha Rumkas
Tom Sherer
Mike Silberberg
Attending: Janet Bechtel, Ted Crosby, Mariette Brown, Eleanor Czarnowski,
Taffy Holland, George James, David McCulloch, Tom Sherer
Absent: Martha Rumkas
Group will vote on accepting December 2004 minutes at the March meeting.
Judy Preston (the Tidewater Institute) is planning to come at the end of this meeting to discuss the three workshop programs and boat trip (in the spring). Ellie distributed copies of the flyer Tools for Intelligent Tinkering. Judy wants people to commit to attend all three workshops.
Ted said that the Land Use Legislation Agency (LULA) is inviting a select list of people to present balanced views of ecological issues to the town – at the town hall over three Fridays (daytime meetings). Has been very successful in New York State. LULA feels there should be more emphasis on how to “hammer out decisions”. Invitee list includes George James, Dave McCulloch, developers, Hendricks, etc. Pace University will provide the training.
Judy Preston also discussed the LULA program. See the last item in the minutes.
Election of Officers
Martha Rumkas is a new alternate on the commission. Robert Linde has moved to Inland Wetlands. Dick is no longer a member. Group voted unanimously to have Ellie remain as Chairman for 2005, and Mike as Vice-Chairman.
2004 Annual Conservation Commission Report
Ellie has almost completed the report. She will hand it in at the end of February. Group should send her their comments.
Janet asked who is responsible for monitoring beach water quality. Several members said Ronald Rose does the collecting and testing.
George asked if Ellie was going to make a presentation of the Annual Report to the Selectmen. A lot was accomplished since last March. He would like the Open Space Plan to be part of the report.
Strategic Plan for 2005
Mike said it is important to create a priority list. We need to focus on important issues – narrow our focus. Ellie said yes, but a broader plan has the advantage that we can act on issues that come up during the year, instead of being limited by specific goals. Mike agreed we should address things as they come up. But if we think something is important for the town we need to put emphasis on it as a group – get the town interested in it. The following items were discussed:
Conservation Subdivision
Mike has copy of Haddam’s regulations. We should have a lawyer draft some proposed changes so we can put it in place. Janet said if we agree we need a conservation subdivision in OL, we need recognition by the Planning Commission. Discussion about getting a new regulation. George said hold a public hearing, then take a vote. It’s not complex. Mike said we should have legal expert put it together.
George said we have copies of easements from Cape Cod, Haddam, one from Mark Branse, and other regulations. It comes down to simple yes/no requirements. Should there be a requirement that everybody who has 10 units up for subdivision must go through this process? (George said yes – Mike agreed.) Another requirement is the details about frontage - and do you want to have incentives? Allow a septic in the open space? Individual wells are relatively simple, compared with the plumbing and locating of communal water supplies. If you put it all together it’s not complex. You have to have a list of things we think should be there. That’s what this group should do. Mike, Dave, George and others want to see the plans (regulations) that
were developed in Haddam by Jeff Callgrove – he will meet with members. Mike suggested they meet with Callgrove in their town hall. George said the one he has is a model developed and paid for by a group of selectmen.
Ted said we must move in a cohesive direction to get support. We need Planning and Zoning aboard. We must have an alternative for the selectmen when a new development is proposed.
Ellie asked “does everyone agree that this is an issue for 2005?” Group said yes. George and Mike will take the lead. Mike said there is room for a number of people to attend the meeting with Callgrove. Group suggested members from every land use board; Ann Brown, Ted Kiritsis from Zoning, someone from Inland Wetlands (Robb?).
Pesticide Awareness Committee
Brief discussion of bookmarks – some are left. Janet suggested distributing them to the schools.
Dave mentioned asking Marilyn Guiliano to select a high-school student to sit in on the Pesticide Awareness meeting.
Dave said that at the Pesticide Awareness Committee meeting on February 16 at 5:30 Dr. Jerry Silbert will talk about the relation of pesticide exposure to human diseases. Dave described the two pesticide bills being proposed this year. (Dr Silbert is the author of the bill that would give local municipalities the power to make decisions about pesticide use on town property.) George said the town doesn’t own the school grounds. The school district owns them. Dave said the bill would cover all school grounds, it’s not based on ownership.
Mariette said Andrea Stillman will be at the church at 10 AM Sunday. This is an opportunity to discuss issues with her.
Stormwater II
PLEASE REVIEW THIS CAREFULLY!!
Ted has a stormwater schedule – the town needs to concentrate on public education through 2005. The CT DEP and EPA have provided two CD ROMS with suggested educational material. Ellie said we need to talk to the Chamber of Commerce about disseminating illicit discharge information to the town businesses. Ted said Building and Zoning have to take up their own enforcement of illicit discharge detection and elimination. Ellie said when she put the form together she included presenting it to either Chamber of Commerce or Economic Development Committee (EDC). Ted said he has already spoken twice to the EDC about GIS, ecotourism, statistical information Dave developed. Stormwater is asking for specific action. Ted wants to make sure we cover the ground in the
stormwater act. Public works will identify areas that have to be swept twice in the urban zone, erosion control, land use regulations, MS4 (municipal septic systems). State has tried to open up the storm drains. State is responsible for out-fall from state roads. Urban areas require a special plan. Inland Wetlands is involved in construction, illicit discharge detection and elimination; public participation involves going to school programs, information available at town hall, boy scouts and girl scouts, Chamber of Commerce, news and civic organization programs, beach club and country club, storm drain stenciling (no one under 18). Before that we need to identify the homeowner associations, beach associations, PTA, principals at schools, so we have a program to put into affect on the streets through PSAs, handouts, leaflets, public education in the schools, town forums etc. Ted said he needs help from the committee. Ellie said get
together the objective for the group. Ted said he wants this group to be the fielding agent for questions from the other groups. Making sure the initiatives are carried through – stormwater ordinance, etc. Ellie said she’s not sure we’re the right group for that. It should come from WPCA or Wetlands. Janet agreed. Ted will define the MS4 ordinance. Ellie said send it to Zoning first. George said add Planning too. He will send the group the link to the handout, with sample ordinance, etc.
Janet said a couple of Inland Wetland people are going to the annual meeting of the Connecticut Association of Wetland Scientists February 24th. They are discussing wetlands and watercourses indirect impact, a day-long workshop starting with overview of the storm water manual, guidance on storm water quality, erosion and sediment control, and Avalon Bay. Mark Branse is giving the discussion on Avalon Bay from the town’s perspective. Ellie said whoever goes to it should come back with something we can disseminate to the appropriate group. David, Janet, Ted are planning to go. Janet will send out information and link. Ellie said this (stormwater II) isn’t going to be a big responsibility of the CC. We will help.
Review of Tidal Wetland Regulations
Discussion of putting coastal wetlands into Inland Wetlands. DEP enforces both types of wetlands and is loath to put them together. Ted and Janet said it’s on paper, but not being enforced. The power now resides in the Zoning Commission. Ann Brown said Zoning OK’d the filling for a garage near the entrance to Noyes Road.. DEP reviewed it. Town Hall got a lot of complaints.
Adding Conservation Commission to Routing of Plans
Group discussed Miano development. Conservation Commission doesn’t get sets of plans to review. Janet said the routing regulations are not enforced. Ted said the town attorney (Mattern) should direct Planning to make plans available to the commission, ensuring the commission is included in routing of plans early on. Ellie said Miano is a lesson learned. Kim Groves must put it onto the routing plan. Ellie said if developers are coming into town hall and talking with Planning that short-circuits the work of the other commissions. Ted and Dave agreed that developers can come in early and discuss plans with commissions, get an opinion.
Tom said they will never come to us first. They only go to Planning, and Planning often gives them directions that often are counter to what we or Wetlands would like to see. By the time the plans get into the formal cycle, and we see them, the developer has a good argument that they’ve already spent a lot of money based on the discussion with Planning. At that point Planning won’t listen to anything the Conservation Commission says – they are in an awkward position. Ted says we have to usurp the power from them. Janet said we can’t usurp the power from a regulatory land use board. Conservation isn’t regulatory. Ellie said Planning should tell them to talk to Conservation first. Dave said we should talk to Jim Mattern. George said Miano is
a good case to take to court. We don’t end up owning anything, but we are held responsible for anything that happens on the property. The LLC will disappear. Janet said it was rejected by Inland Wetlands, so they’ll have to come back again.
Ellie said we could draw up a lessons learned and pass it around town hall. George said we now have a very good professional engineer (Tom Metcalf) commenting on each plan. Also attorney Tom Mattern is not going to let a lot of stuff go by. George’s Open Space group will send out a letter listing memberships of the committee members, so don’t ignore us. That might change the atmosphere. Group agreed we should see the plans before Planning. Janet said first step is to see that proper routing is followed. Dave will talk to Linda, then to Mattern.
Ellie – we must get on the routing slip, but also be put up front so that we are in conversion with the developer before plans are drawn.
Mike said we should convince Planning it would be an asset for them if developers have preliminary contact with the Conservation Commission before Planning sees the development plans. We need to convince them we can help them. We are the “good guys”.
Janet said maybe when they come in for an application there could be a slip sheet that says that the Planning Commission requests that you meet with a representative from conservation commission, open space, inland wetlands, etc. prior to going to Planning, and they can check it off.
Discussion of the number of groups attending the Awwa meeting. We should encourage that sort of meeting. George said you can write that into a regulation. This has nothing to do with a public hearing.
Forest Management Plan
Ellie – we should add this to the Strategic Plan. Dave: Town should commit to pay some money.
Visit from Judy Preston
Members introduced themselves. Judy said she wants to advertise the three workshops for land use commissioners in the eight towns in the lower Connecticut River.
Tidewater Institute is a non-profit organization that provides support to land use commissions relevant to protection of natural resources in the estuary. Tidewater is looking at three things: bringing communities together to be more collaborative, more communication and networking between commissions, and sharing of resources; ecological education focussed on the lower river; getting resources to the people who need them.
Part of the workshop’s outcome will be a resource guidebook to bring together a lot of technical expertise – NRCS, NEMO, Haddam Extension, Salem Water Conservation District, Nature Conservancy. Haddam’s total budget is $500 – not much you can do with $500. Will bring someone it to discuss how to go after grants.
First workshop, on March 28th, will bring in Steve Broderick from the Green Valley Institute to talk about the challenges of getting collaboration among Northeastern Connecticut towns and the State. Beth Goettal of the Conte Wildlife Refuge will discuss collaboration between states, and some of the refuge’s projects.
Second workshop is on April 18th. Representatives from Federal, State, and non-profit organizations will do a “fair” about who they are, and resources that are available.
Final workshop in May will be a river trip tour of the lower river. Tom O’Dell will talk about protection of natural resources.
State wants planning and zoning involved too. Judy hopes this will get people from the various commissions to know each other, and to work collaboratively on future projects.
Workshops are a couple of hours in the evenings on Mondays. All will be held at the CT River Museum in Essex. Call or email to sign up. (Tidewater Institute; (860) 388-3497, (860) 395-0465, jpreston65@sbcglobal) Please commit to all three workshops.
She is looking for suggestions and ideas.
Ted asked her to look at our strategic plan and make suggestions. Judy said people shouldn’t be limited by lack of money. If a plan is good, money can be found.
Land Use Legislation Agency (LULA) is another workshop. This program started in 1995 in the Hudson River. Has graduated over 500 people. Workshops are invitation only – four full days. They start in April. Program is geared to providing tools to decision makers in Inland Wetlands, Conservation Commissions, Zoning and Planning. It’s about land use law, mediation, decision-making in general – the legal framework for achieving quality of life.
Judy is sending out information. Steering committee will recommend people. First class is only 35 people, but they are looking at the Hudson River’s very successful experience.
Meeting adjourned
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