Sunday, August 26, 2012

Stannard Beach Assn Annual Mtg August 26, 2012


Stannard Beach Association,    Annual Meeting August 26, 2012 
The meeting was called to order at 9:05 a.m. by George Dallas, Assn President.
Vy Kava and Marie Garabedian were responsible for hosting the breakfast – thank you to both of them.

Motion to accept the minutes of the July 1, 2012 general meeting were read. Motion to accept by Merle Katzman, seconded by Dennis Hersh.  All approved.

Treasurer: John Kava. A copy of the budget is attached. Currently $56,994.10 in checking and $39,979 in savings.  Attached report read by John Kava.  Motion to accept byMerle Katzman, seconded by Dennis Hersh. All approved.

2nd Avenue paving: can only patch this year, need to repave entire 2nd Ave. Looking at ways to do that, but the change in elevation from Water’s Edge to Beach Court is 14’, so we are looking at how to mediate that water. All of 2nd Ave needs to be addressed, not just patching the Water’s Edge end of the road.

Security: Fred the security guard was terrific; will give him a $100 bonus. If interested in after-season house checking, Fred can be hired privately.

DEEP: filed and closed notice of violation. The 1992 agreement has been removed (to move sand) since over the last 20 years it has been shown that sand moved does not stay. Littoral shift, Money Point and Salt Island all affect the beach. So the DEEP notice of violation is closed. If we had not responded to the notice it would have cost the Association $100/day fee.

Additional old business: Motion by Sydelle Baskind, 2nd by Linda Pinn, to send all minutes by email and post on blogspot. All approved.

Nominating Committee: Sandy Seidman announced the slate (time period September 2012 – August 2013)

President………………………..George Dallas
1st Vice President…………….John Abella
2nd Vice President……………Steve Powers
Treasurer………………………..John Kava
Secretary………………………..Sharon Bender

Three year directors……….David Caslin, Mark Miller, Paul Shlien
Two Year Directors…………Marty Weber, Michael Rottblatt, Lincoln Tedeschi
One Year Directors………….Linda Pinn, Mike Guinan, Al Berkon

Coming off the BOD are Jason Garner and Mark Madnick

Motion to approve by Dennis Hersh, 2nd by Jeff Morris, all approved. Barbara Mason asked that there be consideration for adding more women to the Board.
Risa Sodi asked that proposed slate stand when names read. Slate was reread with those in attendance standing when their names were announced.

New Business: Regatta/social was very successful. Thank you to Barbara Berkowitz, Carmella Dallas, Rhoda Elligator , Marie and Keith Garabedian, Mike Keily, the Masons, O’learys,, Petchlers, and Rottblatt families. Ari Feinstein made a donation to help cover costs of his family visiting/renting at the beach.

Homes for sale: Clarke and Marilyn Harris’s home on 54 Ripley Hill is for sale.

Peter Black requested that a committee be formed to look into options for mediating sand erosion, and sent out an email and snail mail resolution requesting a  change in the the allocation of the budget to go from $2000 to $20,000/year for beach maintenance. (letter and resolution attached).

Part of the agreement recently made with DEEP is that groin #2 will be removed if a plan is not agreed to by all parties at the creek end of the beach.
Safety concerns are boulders and sharp rocks 8’ down on the ocean side of the sea wall. If anyone falls off the wall, who is liable?  Is private property.
DEEP says if groin #2 is shortened or removed there is no guarantee it will help sand filling in and no guarantee that no more sand will shift away.  The original study (Kollmeyer), 1984 or 1986, had $25,000 appropriated for a study, and it is extensive. In 1988 a big study came out suggesting:
1.     rip rap bottom of sea wall
2.     put in a series of low profile groins/jetties to stabilize sand
3.   install a stone breakwater off shore. Cost at that time was approximately      $250,000. Defeated by a majority of votes.
All options defeated by the Stannard Beach Association at that time.

Dennis Hersh said we cannot change the budget now, must make a motion before the July meeting. The board must put together the budget for next year, so when it comes up at next July’s meeting, put the request in the budget for approval or not before the July 1st meeting.  George Dallas suggested coming to the Spring Board meetings to suggest proposals.  Harvey Robbins said that there must be a motion asking for a resolution for the Board to consider a $20,000 line item in the annual budget for beach maintenance and planning. Motion by Harvey Robbins, 2nd by Tim Bransfield.

What is the Association’s responsibility under the new resolution? Since the DEEP cannot find permission in their files to build groin #2, all residents at the creek end of the beach who are affected need to agree on a plan. They can shorten the groin up to 20’ (attach DEEP resolution notice). Can leave vertical pilings in place so can rebuild if taking it down does not improve conditions. Can also decide to bring in sand on their own, according to Peter Black.  Brian Thompson of the DEEP   confirms that the Association is responsible for the groin. The groin was built initially due to this same problem of sand shifting so it is not recommended to remove it.
George Dallas clarified that the Stannard Beach Association will oversee the groin changes, as we are the certificate holder, but we are not necessarily responsible for paying for the work, if any is done. (‘As the certificate holder, the Assn is responsible for the groin”, is in the DEEP resolution).
All neighbors at the creek end of the beach must agree on a plan and SBA hold the certificate.
Move sand? Sand flats were moved for years but laws were changed and it is no longer allowed.
Lou Florio from 13 Beach Court: focus on maintenance plan/resolution before the membership. Lou encouraged everyone to pass the proposal to put $20,000/year into the Stannard Beach Association annual budget, when it gets voted on next July 2013.

Safety and security concerns at creek end of beach: have been reported at various times.
The State of CT notified Beach court residents of its decision. The Stannard Beach Association is not liable for the seawall or the base of the wall in front of the seawall. There were further recommendations to increase the beach budget for maintenance/erosion mediation.

Jerry Skolnick asked why his association dues should be used to improve the beach when he has limited access to it?

Linda Pinn asked to vote on the motion based on the recommendations:  Resolution: modify the current budget item of $5000 by changing it to $20,000/year for beach maintenance and nourishment, and it will be on the BOD agenda to consider next Spring 2013.

Mike Thomann: need clarification on what is in the current budget - $2000 or $5000? Cannot find the $5000 budget line item for additional maintenance. Only shows $2000 clean up.
All of our jetties and groins need to be inspected and maintained every year. This is an important annual budget item/expense as permits to build new groins or jetties are very expensive and time consuming to obtain.  Costs over $2000 to submit the paperwork required to request permission for a new groin or jetty, so let’s preserve what we have.

Risa Sodi: Are we suggesting or directing the Board to include the money in the budget? 
Resolution: That the Stannard Beach Association directs the Board of Directors to consider changing the line item of the budget from $2000 to $20,000/year for beach maintenance and nourishment.
23 for, 25 against. Motion denied.  
Carmella Dallas suggested a resolution be proposed to the residents at Beach Court for rip rap that was rejected previously by those residents.

Linda Pinn invited everyone to the Chester synagogue on Friday, September 7, 2012, for the showing of an old mural from the Manchester synagogue that has been restored and hung at the Chester synagogue.

Motion to adjourn by Marty Weber, 2nd by Merle Katzman. All approved.





Saturday, August 18, 2012

Stannard Beach Assn BOD mtg August 18, 2012


Stannard Beach Association
Board of Directors meeting August 18, 2012

The meeting, held in the Connell Pavilion, was called to order at 9:05 a.m. by George Dallas, President.

Lou Brown stated that 2 weeks ago, on Aug 2, someone tore down the leaders/gutter directed to the right of way. A State trooper was called to investigate/report, and said there was no other damage, that it was definitely perpetrated by an adult male as the gutter was ripped off with notable force, was done to 2 vertical leaders.

What to do about drainage problem at Brown/Lyman right of way? Was it a problem previously? Can the Browns use gutters to alleviate the water issue?
The problem may need to be addressed from the center of the right of way. Who knows if all the water is coming from Lou Brown’s or the Lyman’s property? The Lymans installed infiltrators when they built.

Dave Caslin; There was no problem with water before Lou Brown’s construction – families had been playing ball and other games in that area with no water issues.

Options for removing water from Brown/Lyman right of way include:

1.     dig up right of way and re-grade,
2.     install dry well
3.     send water out through sea wall.
4.     some/all of the above

George Dallas raised the option of installing a dry well since there is decreased ability for water to percolate so would need to dig it all out and install proper drainage materials. But was there water sitting there before the Brown’s construction? Harvey Robbin said there was sheet flow if the right of way was graded correctly. Now there is a non draining depression that needs to be filled in so it flows away. However, beach erosion might occur from channeling water via a pipe out onto the beach, so we need to fix the right of way topography to dissipate the water. Marty Weber agreed that an engineered solution is needed, and that it must be at Lou Brown’s expense.

John Abella stated that he had a folder of the building plan for the Lyman home showing that none of their leaching fields, infiltrators, etc are in the right of way.  The water from their home/property dumps into their infiltrators buried under ground in between the house and sea wall. It was suggested that maybe Lou Brown needed to do that, too, as it is presumed that much of the water is coming from his gutters spilling into the right of way.

Several board members stated again that this area was not a problem before Lou Brown built. Many families’ children played ball there and it was fine. 
George Dallas suggested that maybe an engineer should look at the site for a technical opinion. Who pays for it? This should not bea Stannard Beach Assn responsibility.  Was the completion of Lou Brown’s construction when the problem started?  When Bob O’Leary built his house the town was concerned and asked George to sign off on it, but that was because it was new construction on an empty lot.

Lou Brown wanted the board to know he has been talking with George Dallas about this issue for over a year (18 months) and he has never shirked his responsibility.
He is devastated by the vandalism.

The board asked George Dallas to send out an email letting assn. members know we are in the process of figuring out a solution involving drainage professionals to fix the problem.

Dave Caslin said there is no harbored resentment from the Lymans, who have gone above and beyond, on their property, to build in infiltrators to capture and drain away water.

Someone suggested whether downspouts could be connected to a pipe directing all water from the Brown property away. If there is still standing water in the right of way after any resolution, then it may be the Assn’s issue, due to sheet flow of water on 2nd Ave., after repair of the roads at that end of the street. Lou Brown stated that he could not held liable for additional remediation once a solution that he paid for was put in place, and everyone agreed that is why an engineered solution is required. We need a combination of efforts/protections so everyone is protected.

Someone said that Bill Wrang had said there was water before Lou Brown built and Lou shouldn’t have to pay to remediate, Assn should. Dennis Hersh said Lou already agreed to pay for an engineered solution, and Lou Brown agreed that he would pay.

A motion was made to have the problem repaired and resolved by June 1, 2013 made by Sandy Seidman, seconded by Merle Katzman.  Motion passed, all voted in favor.

Right of way by Marc Madnick; Are there any other problems. What is an Assn problem and what is a private property owner problem? The Assn is responsible for 2 rights of way only.  They are Fishman/Sanzo and Lyman/Brown areas.

Drainage: We need to try to make sure that any new construction must be addressed such that it does not dump water on adjacent properties. (Editor note: new Westbrook code requires this with some exceptions)

Security: Are the current hours that security is working the best for the Assn?  Maybe Lou Brown’s vandalism could have been done by a Stannard Beach Assn member who knew how to circumvent the hours.

Board members stated that we should have communicated about this problem earlier and been more judicious in remedying it.  No one knew it had been being discussed previously.

DEP:  The DEP (DEEP) has ruled that the Assn is no longer responsible for the 1992 Agreement, but also rules that jetty #2 is not authorized, so the folks it effects have the right to shorten it ,  and can have permission to do that. They can leave the uprights in place so that if shortening the groin/jetty does not work , they can put it back up.  The DEP ruling is that this must be done within a year’s time or the jetty must be removed entirely.  The beach court folks can also bring in outside sand, after a grain analysis is submitted to DEP. This group includes Nichols, Florio, Black, maybe Tosto via the accessway, and may include Jason Garner’s old house  and Adam Schwartz who owns the right of way and the sand in front of the accessway.  


The Assn has expended $12,000 because of folks at the east end (creek end) of th beach filing a notice with the DEP regarding sand, so the Assn came to them with a solution of installing rip-rap and the neighbors there said no.

DEP decision: Can it be posted to blogspot now that it is final? Also DEP decision was sent to all board members and all parties involved.  (Did we say yes or no?)

D Caslin thanked George Dallas for all of his efforts on this issue over several years.

Nominating Committee: meeting today after the board mtg.  Last year’s slate was never nominated so need to nominate a full slate. (Nominating committee report attached. )



Sharon Bender requested permission, and was given it by the Board, to erect tents across her front yard and Mackey Barron’s  front yard (#123 and #131 2nd Ave)the weekend of next August 3rd,  2013, for a family wedding. Mackey Barron has submitted written permission as well.

Cedar Lane Right of Way appeal:  Harvey Robbins advised the board that there is a settlement agreement dated July 9, 2001, where the plaintiffs listed were the Stannard Beach Assn. and Rose Madnick, Sydelle Baskind, Carol Robbin and Patricia Breen, vs Deborah Katz.  The issue was the rights and responsibilities of the Stannard Beach Assn, regarding the right of way at the base of Cedar Ln. (The papers are attached in separate email).  Harvey Robbins felt he was unable to exercise the rights laid out in the agreement and so is bringing it to the board.
John Abella, representing the rules committee, said the rules committee did look at this and file an opinion. Harvey Robbins can appeal and is doing so at the rules committee meeting after the board meeting today. H. Robbins read his proposed resolution to the board .(Attached) Harvey made a motion to accept the resolution, 2nded by Sandy Seidman. The board said it defers to the rules committee which is to meet t 10 a.m. fter the board mtg.  Motion on the table to agree  that the board is responsible for enforcing the stipulations of the 7.09.01 agreement.  Denis Hersh said it needed to go to the rules committee and follow that procedure for appeal.
Harvey Robbins wanted the BOD to accept his resolution and attach it to the mtg minutes, that the board is liable and responsible for enforcing the court decision.  Marty Weber explained  the problem is that the Assn. cannot enforce the no driving or parking in the right of way rule, unless someone stands there 24 hours, 7 days a week.  Before the fence was erected, folks were ripping up the lawn, sprinkler system and septic by driving cars over the area, so Bobby Katz told then Assn president Lou Brown he was going to put up a fence. Julian Eligator also refused to stop driving on the right of way when Lou asked him not to drive there.
So the rules committee denied the claim as it cannot be enforced. Parking – the rules committee measured the area and the accessway is more than 14 feet wide so there is no violation.

Motion to accept Harvey Robbin’s resolution to have the Stannard Beach Assn Board of Directors recognize its responsibilities under the 7.09.2001 agreement went to vote. 11 yes, 5 no, motion passed.
Motion to adjourn 10:10 a.m.

Thursday, August 9, 2012

Annual mtg notice Aug 26. 2012

THE STANNARD BEACH ASSOCIATION WESTBROOK, CONNECTICUT 06498 August 8, 2012 NOTICE OF STANNARD BEACH ASSOCIATION ANNUAL 2012 MEETING SUNDAY August 26, 2012 9:00 AM in the JOAN CONNELL pavillion A light breakfast will be served starting at 8:30 a.m. Respectfully submitted, Sharon Bender slbender16@gmail.com 203 397-9026 203 397-9025 fax 203 530-2920 cell