Diana Stricker Photo
L-R: Diana Ross, Dr. Richard Orson, Daniel Shapiro, John Rusatsky and Dr. Wesley Vietzke.
Revising Branford’s Inland Wetlands regulations may be a more daunting task than originally anticipated.
The Inland Wetlands Commission (IWC) spent more than two hours discussing the proposed regulations Aug. 13, after a committee spent months compiling a 38-page draft. Most of the revisions are based on changes suggested or mandated by the state.
Three IWC members who met Aug. 13 to discuss the new regulations have been removed from the commission. First Selectman Jamie Cosgrove recommended three new members last week and the Board of Selectman approved his recommendation by a 2 – 1 vote. (Click here to read that story.)
Diana Stricker Photo
Jacey Wyatt and Bill Horne and empty chairs.
In addition, only two people attended the public hearing that night to discuss the proposed changes. But those two voiced their approval for the draft.
“I think it’s great,” said Bill Horne, the town’s leading environmentalist. “Good job.”
Jacey Wyatt, a concerned citizen who is running for first selectwoman, also approved of the draft regulations. “It’s good that we’re tightening them up … and taking care of Branford,” she said.
After the meeting, the Eagle commented to IWC chair Daniel Shapiro that even the developers, engineers and consultants didn’t attend the hearing. “Who would pay them,” Shapiro remarked.
The public has a second chance though, since the hearing is slated to continue Sept. 10 at 7:30 p.m. at the Canoe Brook Senior Center.
Wetlands officials said that Costco representatives are expected to submit an application with detailed site plans for the proposed development on 44 acres of land near Exit 56 before the Sept.10 meeting. Wetland officials said Costco would not be affected by the new regulations if the site plans are submitted before the regulations are approved and enacted.
However, with three new members coming on the commission, two regular members and one alternate, it is not known what will happen with the movement of the regulations.
Meticulous Detail
“We want to keep up with the present state statutes,” said commissioner Richard Orson, one of the three who is no longer on the IWC. Orson is a scientist and an expert on wetlands issues and regulations.
Significant changes were made to Section 7, which involves application requirements.
The commission members scrutinized the proposed changes. In one section dealing with additional requirements for applications, the commissioners spent lengthy amounts of time discussing the implications of whether a word should be “is” or “may.” They finally agreed on “may,” saying that requirements affecting a major developer may not be appropriate for a homeowner who just wants to build a driveway.
“We’ve got to think about all the possible eventualities,” Shapiro said, adding that it’s important to keep a balance.
The proposed draft clarifies the status of pre-application meetings when developers meet with staff or make an informal presentation to the IWC.
Diana Ross, the Inland Wetlands Environmental Director, read the new wording: “Oral or written comments, questions or representations made by a commissioner or staff member during a pre-application meeting does not constitute determination or opinion and may not be relied upon by an applicant as to modify or alter the commission’s decision with respect to an application, which is hereby expressly reserved.”
The commission and staff spent considerable time discussing a lengthy new section which stipulates how applicants should design projects based on Best Management Practices to provide “protection and, where possible, enhancement of wetland and watercourse qualities and functions…”
Other changes are being proposed to clarify the application process. “That’s what this is supposed to do — make it as clear as possible to the applicant,” Orson said.
Higher Fees Proposed
“I’d like you to look over this and think about it for the next meeting,” Ross told the commission with regard to several sections of the draft. One of those involved the new schedule of application fees. She said the increases reflect what the actual costs are.
For example, the cost of a public hearing might increase from the current $150 to $300 to cover the costs of legal notices that are required to be placed in print newspapers.
It appears that all fees could increase — some taking a big jump. However, the commission postponed discussing fees until the next meeting, which will give them more time to consider options.
Other changes proposed:
—The commission’s name would be Inland Wetlands and Watercourses Commission, since that is the name used by the state.
—The requirement for construction phasing would limit the clear-cutting of a site to within 6 months of construction.
—Specifics were added to “Best Management Practices.”
—A definition of intervener was added.
—There is a clarification of Upland Review Area.
—The definition of “regulated activity” was expanded.
The last major revision of the IWC regulations was in 2007. The draft of the proposed changes is available on the Inland Wetlands department web site.
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