Sunday, September 8, 2013

Stannard Beach Assn Board of Directors mtg September 8, 2013

Stannard Beach Assn Board of Directors meeting September 8, 2013

The meeting was called to order at 9:05 a.m.
Motion to go into executive session made by Marty Webber, 2nd by Sandy Seidman, all voted in favor.

Treasurer’s Report by John Kava: $89,000 in checking, $12,000 in receivables.
Motion to accept treasurer’s report made by George Palmer, 2nd by Paul Shlein, all voted in favor.

At the Annual Meeting dated August 25, 2013, permission was received by vote to expend up to $15,000 to continue the investigation of erosion control measures, possibly taking action a step at a time and seeing if each thing we try works. If it works then we consider taking additional steps.  Concern was raised about the effectiveness of a partial program that does not fulfill the recommendation of the experts. The greater issue is the need for a committee to make a plan to move forward as a community.  We need a bill of rights so everyone understands each other’s rights.  

Start with a bill of rights and how to get to the beach.

There are several rights of way/easements with different legal privileges/rights/restraints on each:
1.     Sandy Seidman
2.     Side walk that was 1st Avenue – is a right of passage
3.     Webber – folks on Ripley Hill cannot use
4.     Lyman-Brown  Sidewalk to wall owned by Bill Wrang
5.     Katz/Cedar Lane
6.     Rottblatt/Madnick
7.     Powers – owned by Schwartz
8.     Tosto –private right of way
9.     Rosenblatt – far side of property by Water’s Edge. Ownership is unclear
10.  2nd Ave from the bottom of Ripley Hill Rd going West is privately owned by Water’s Edge

Bill of rights committee to include Sandy Seidman as Chair, Susan Miller, John Abella, Merle Katzman, and Mike Grennan, initially. Start with a clear map of all the rights of ways and which you should use. There are 101 parcels in the beach association. Different deeds are worded differently regarding access to the beach.  i.e. the Cedar Lane right of way states it is for everyone but it is not listed on each person’s deed.
The Assn has put ordinances in place regarding use of the beach and rights of way. But the BOD cannot tell private owners what the limits on private rights are. Cannot legislate private owners’ rights. Also it is awkward to have to ask permission to use a beach every time you wish to go there. Conflict arises when all Assn members are asked to write a check and pay into beach nourishment projects, but what do they get for it regarding use of the beach?  It was suggested, by way of example, that in Florida public money is spent on public land, and private money is used on private owners’ properties. So can use Assn money to build a breakwater on public land/water off shore, not on private waterfront owner’s beach space. There is sentiment that folks should not have to ask permission to sit on the beach.
If Assn members all pay into beach nourishment investments, then maybe the deeds should be changed to make the entire beach for everyone.  All the deeds are different – Beach Court deeds say they own to the wall, J Kiely says his deed states he owns seaward from the wall 16’. Any beach that is created from Steve Powers’ property to end of Beach Court will be public land.

A By-laws committee is needed to assemble a clear set of existing by-laws and identify all the changes that have been voted on over time.  The list of amendments/edits/changes will be presented to the board and then incorporated in to the full document. This will be presented to the board for further action. Then the by laws need to be made contemporary, and, when all of the updates/changes are complete, each Assn member given a copy with a sign off that they have received them.

How will our Assn enforce our rules and rights?  We need to modernize the by laws so they work in the modern world with enforceable policies.

Currently there is a Rules committee, as stated in the by laws. If any Assn member brings a complaint to the Rules committee then the Rules committee looks at it, but there is no real vehicle for enforcement.
By laws committee to include: Sharon Bender as Chair, Laura Petchler and Sandy Seidman, initially.

Ground rules for committees: committees are not creating rules or changes to deeds/rights, only gathering information and sharing it with the BOD.

Lyman/Brown right of way: Trying to get Spazzarini and Sykes to agree as to where to put in a drain and regrade to remove any low point. The Assn needs to pay for it, as we want to fix the problem and avoid further more expensive legal involvement.  Will cost about $8000: $4700 for the drain and regrading, additional dollars for lifting out shrubbery, moving and resodding as needed.
Lyman’s basement is wet so since the Assn graded the right of way and paid for the regrading, we have to fix it.  Assn is adding a drain.  The berm on the waterside of 2nd Ave has been taken off the table. There will not be a berm on the Lyman/Brown right of way sending water down 2nd Ave., per Mike Guinan who is on the committee working on resolving this issue.
If Sykes agrees to the plan we want a release from any further action, to go into effect after 3 storms, if there is no water in Lyman’s basement. We can go to court eventually, but now we need to spend this $8000 to show we tried to fix this problem.  
We need a release, in advance, before spending any money. We have no proof the water in the Lyman’s basement is due to Assn action or from any other reason or action. We live at the beach and water is a constant issue for all waterfront owners.  But since we hired and paid contractors to change the right of way, we are liable for now.  The plan did not work (maybe the water would have been there regardless, due to water table levels at the beach) and the contractors have been paid and Lou Brown was given a signed agreement.

George Dallas has hired an attorney to be ready to defend the Assn, should we need it.

Water to the area comes from a variety of sources onto the properties including:
1. Water comes down Ripley Hill Rd and turns left
2. The water on the 1st Ave sidewalk runs east.
3. Rainfall
4. Lyman’s most recent construction includes a very large unguttered roof. It was constructed in separate portions so did not require a floodwater plan by the town

Motion to approve up to $8500 to have work done including installing a drain, regrading, moving shrubbery and resodding as needed. Must include a release after 3 rainstorms of an average amount of water, once the work is done, if there is no water in the basement. Motion made by Sandy Seidman and 2nd by Steve Mason.  The motion is contingent upon obtaining the release.

Costs include $4700 to install a drain and regrade, and the remainder of the money needed is for lifting out shrubs, moving them, and resodding as needed, as reported by Mike Guinan, who has been working to resolve this issue. Allocation increased by $500.
Vote is 14 for, 0 against, 3 abstained. Motion passed.

Lou brown stated that he videotaped the last storm and it shows no water in the right of way. Water pools on the east end of the Lyman driveway. Mike Guinan has a video that shows other directions of water flow.  
Lou Brown has had his fencing ripped out just past where his surveillance cameras can see.

Most Board members were sad to be spending Assn dollars of $8500, but given the situation agreed to put it to a vote and end the issue. An additional amendment was proposed by John Kava that this would be the last tie the Assn would be paying Assn money on this issue.

Meeting adjourned.

Submitted by S Bender, Secretary


Sunday, August 25, 2013

Stannard Beach Assn General Mtg August 25, 2013


STANNARD BEACH ASSOCIATION
GENERAL MEETING
08/25/13
The General Meeting was called to order at 8:59 AM by President George Dallas.
NEW BUSINESS:
George introduced the invited guests, who were First Selectman of the Town of Westbrook, Noel Bishop, Dr. Frank Bohlen from UCONN (add more about Dr. Bohlen’s credentials and work) and Terrence Beatty of Prudential Realty who will report on Post Irene and Sandy shoreline Real estate sales. George briefly described that Dr. Bohlen was hired to review the Kollmeyer Report. The Kollmeyer Report, which the Association had done in 1988, was prepared to examine and study the issue of potential Beach erosion and solutions. Dr. Bohlen was introduced by George.
Dr. Bohlen started his presentation showing photos of our shoreline, from 1934, 1965, in which he made note that there was not much change. However in the photos dated between 2003 and 2012 there is obvious erosion. Dr. Bohlen went on to explain how the Sediment supplies and transport energies cause such erosion. It happens from wind, waves, tides and tidal currents.  We looked at a wave summary and it shows that Sea Levels are on the rise at a rate of 2MM per year.  Dr. Bohlen said most of the changes we are seeing today have been since 1988.
Dr. Bohlen went on to say to put a price on recommendations in the Kollmeyer Report would be impossible without consulting contractors. But he did offer some educated guesses on what he thought it may cost to place Rock in a parallel structure to the shoreline. He felt it would be at a cost of somewhere around $1 million to 1.25 Million. Dr. Bohlen said he does not believe DEEP would favor stabilizing a shoreline in that manner. So what are our alternatives? Dr. Bohlen suggests new groins and modification of our existing groins on the eastern end of the Beach. He suggests extending both Groin #1 and Groin # 3 as stated in the Kollmeyer Report as well as adding a “T” to Groin #3 and an “L” to Groin # 1. He feels this would be additional wave protection and feels this recommendation would be permitted through DEEP.  Another solution he offered was Re-Sanding. This can be the least expensive alternative, but to do it properly with examining grain sizes and such. There should also be serious considerations to Rip Rap and modifications to the Sea Walls.  Dr. Bohlen also said maintenance is the most important factor in any solutions.
Dr. Bohlen’s recommendations are as follows:
·       Implement an action shoreline management plan.
·       Obtain a detailed topographic survey of the Shoreline and off shore for the entire length of the Association Property.
·       Institute a regular program of nourishment in combination with structure maintenance.
·       Stabilize existing Sea Walls
Dr. Bohlen then answered some questions from Association members and more discussion continued regarding the groins and their lengths, shapes and positions. He stated if modifications are done to the groins they will be then about 4 feet tall. Then with time getting short and Noel Bishop’s need to leave around 10:00AM we took a break in the questions for Dr. Bohlen and Noel Bishop the First Selectman of Westbrook was introduced.
Noel Bishop started off by reminding us that we are a private Association with our own By laws and that the Town can do very little  to assist us. The groins and such are part of our association and the Town cannot commit to resources to help us with them. He also went on to say he is working with Congressman Joe Courtney’s office on a FEMA grant. He said the Town is still a few months out in obtaining that grant. He is unsure of the amount of the grant. Linda Pinn asked Mr. Bishop what effect the Grant would have on us. Any help with nourishment?  He said no Groin, Sea Wall or nourishment would be covered by this Grant. Mr. Black asked if the Town can do anything to relieve the high water storm surges from the Marsh. Mr. Bishop said a lot of the high Marsh water comes as a run off from Route 1 and there is little that can be done to lessen that. Mr. Bishop then went on to say that he has received a few calls regarding the safety and the state of disrepair The Gallery building across from Cedar Lane.  He said that property is in Probate and he spoke to the Town Attorney about 2 weeks prior and that the Town is in the process of getting it torn down. With that Mr. Bishop had to leave and we thanked him for taking time out of his Sunday morning to come to our meeting. With that we went back to questions for Dr. Bohlen.
Dr. Bohlen was asked if the Groins and their additions would make any water back up into the Marsh. Dr. Bohlen’s aid, “There are no back shore drainage problems from groins”. Then Dr. Bohlen was asked if the West end of the beach would have any detrimental effects after groin modification on the East end? He said no it will reduce the Eastern energy and have no effect to the West end. Mike Guinan said Sue Baily said we must prove there will be no detrimental effect to the West end toward Water’s Edge.  George Dallas stated that he had spoken to Sue Bailey regarding the existing COP. Sue Said that the current COP would allow for sand replenishment but must apply for another COP for the Groin work.
George Dallas made a proposal to spend an amount, not to exceed $15,000.00, to come from the major projects fund, to finalize the engineering analysis to submit to DEEP. This will allow us to apply for a COP to extend the Groins and to move forward in Extending Groin # 1 & # 3. A discussion began with Dr. Boland suggesting we get the permits out of the way and applied for. We do not have to use them immediately but we will have them for future use. Lincoln Tedeschi asked about the lengths of the T’s and their cost.  Dr. Bohlen said it is approximately $1,000.00 per linear foot, so roughly $64,000.00. He went on to say that the chances of nourishment will be successful if all the structures are done. And the chances of success being even greater with the addition of the “T” & “L” groins.
Jeff Morris made a motion to spend an amount, not to exceed $15,000.00, to come from the major projects fund, to finalize the engineering analysis to submit to DEEP. This will allow us to apply for a COP to extend the Groins and to move forward in Extending Groin # 1 & # 3. The motion was seconded by Peter Black. Elin Katz called for a vote on the motions and there were 10 who voted Nay and the majority voted Yea.
George Dallas made a suggestion that he’d like see a committee formed, comprised of our neighbors, to sit & figure out how to share resources and to help reestablish our community.

NOMINATING REPORT:
Sandy Seidman read Proposed the Slate of officers, which is as follows:
·       President, George Dallas
·       1st Vice President, John Abella
·       2nd Vice President, Steve Powers
·       Treasurer, John Kava
·       Secretary, Sharon Bender
·       Three Year Directors, Michael Grennan, Laura Petchler, Michael Guinan
·       Two Year Directors, David Caslin, Mark Miller Paul Shlien
·       One Year Directors, Marty Weber, Michael Rottblatt, Lincoln Tedeschi
A motion was made to accept the Slate as presented, all were in favor. The Slate was accepted.

INFORMATIONAL REPORT:
Terrance Beatty of Prudential Realty provided us with a 10 year sales report and analysis of property values. To see if our property values had changed post storms Irene & Sandy.  His reports are attached.
The Meeting was adjourned at 10:56 AM
Minutes taken and Respectfully submitted, Marie Gallo-Garabedian
Garabedian@comcast.net







Sunday, August 11, 2013

Stannard Beach Assn Board Of Directors mtg August 11, 2013


Stannard Beach Association Board of Directors meeting, August 11, 2013
The meeting was called to order at 9:05 by George Dallas.
 DEEP – the beach court issue was resolved as the Assn communicated with DEEP by the deadline of 8/2/2013. Lou Florio did not sign the agreement so the Nichols and Tosto families sent a signed letter saying ok. The Bohlen report was added to the info sent to DEEP.
Beach erosion - DEEP says they will not ask us to tear down Groin #2 but we need to plan for beach nourishment and a sand remediation plan by March 2014.
Sounds like DEEP would like us to dump sand now, but the Bohlen report says to put in the T-groins first to hold the sand in place and prevent it from washing away.
We have no approval from the membership to spend that money at his time.
There is currently a lot of discussion among Assn members regarding the erosion mediation proposal and Bohlen report, so there will be a general information session next Sunday, August 18 at 9 a.m. to explain more about the report and suggested plan of erosion control, and to answer questions.
According to figures from Keith Neilson, it will cost about $15,000 to:
1.     Finish the engineering survey from Bobby Katz to Water’s Edge and include out to the sand flats
2.     Make an analysis of the sand grain size recommended and where to put in groins
3.     Draw up plans
4.     Put together a presentation and proposal and submit to DEEP, requesting a certificate of permission (COP)

If we do groin #1 and #3 first the expenditure is less.
If the money for this comes out of capital reserves it requires a vote from the full membership.  May we vote by email? Yes, according to our by-laws.
Motions for the August 25 Annual meeting need to be clearly laid out so the intent is not muddled over the course of discussion. A clear motion to spend up to $15,000 to complete the work necessary to obtain a COP from DEEP is needed.
Motion by Steve Mason, 2nd by Jeff Morris, for the Annual meeting, to request authorization of $15,000 to complete the work necessary to try to obtain a COP from DEEP for beach remediation work.
We do not know a total cost for doing the work involved until DEEP approves a proposal. They may approve all of it or a portion of it. More information sharing and explanations are needed in order to proceed.
The DEEP has the Bohlen report and has said it looks like a good idea.
Joe Courtney and Noel Bishop are sending representatives to look at our beach on Friday, Aug 16 to tell us if there are any federal funds available to help us.  Any federal dollars awarded to us would not impact our private borough status as it costs FEMA less to provide remediation dollars than to pay out flood claims.
The new Bohlen report is an update of the 1988 Kollmeyer reports, incorporating what scientists have learned in the last 20 years, making the most updated suggestions at the best costs. FEMA, the Army Corp of Engineers and DEEP all recognize these folks are the experts in this area: R Kollmeyer, F Bohlen and Keith Neilson.
The financial aspect of the proposals are unknown as yet; is a staged process, and first we need to know what can be permitted. Then we will go and get cost estimates.
Informational meetings need to occur to answer all questions and hear what everyone has to say, to better understand the Bohlen report and address concerns.
Rosenblatt Right-of-way:  based on research by George Dallas at Westbrook Town Hall, Stannard Beach does not own the right-of-way. It may belong to Schy, it may belong to Rosenblatt, we do not know. Richard Rosenblatt says he has additional informational that we hope to see to further answer all these questions of ownership of the right-of-way.
Lyman-Brown right-of-way: the committee is working to bring it to closure. Concern was raised about adding curbing/milling/berms  at the Lyman-Brown right-of-way to keep water out of the right-of-way, sending it dwn 2nd Ave. onto other neighbors’ properties.  The concern was over ruled due to a vote at the prior board meeting to go ahead with the work.
Lou Brown has an agreement releasing him from further obligations, signed by George Dallas. It is not a release, is an agreement.
By Laws Update: Maureen Keegan has been asked to make a digital set of our by laws. Then we will move forward with updating them.
Motion to adjourn by Harvey Robbins, 2nd by Marty Webber. Meeting adjourned at 10:25 a.m.
Submitted by S Bender, secretary.

Sunday, July 28, 2013

Stannard Beach Assn Board of Directors meeting July 28, 2013


Stannard Beach Association
Board of Directors meeting July 28, 2013

George Dallas called the meeting to order at 9:15 a.m. and distributed copies of the July 23, 2013 Draft study by Frank Bohlen “A Discussion of the Factors Affecting the Erosion of Stannard Beach, Westbrook, Connecticut and Means to Increase Stability and Longterm Resilience”.

At a prior BOD meeting it was voted to update the Kollmeyer Report from 1988, which was to study the long term affects of nature on Stannard Beach. Kollmeyer predicted that we would have much less beach by 2020, but it has happened faster than that so we are looking at the updated situation/study now.
The beach is under attack and doing nothing is not an option, as the beach is the reason we are all here at Stannard Beach.
The Frank Bohlen Study suggests three things:
1.     Build T-groins and add 3 new groins as they knock the power out of incoming waves and trap sand behind the groins.
2.     Nourishment – bring in a lot of sand and spread it to fill in from the seawall to the sand flats. Do this in stages after T-groins are built. Use granular sand which traps finer sand naturally.
3.     Rip rap – is like balls against the seawall to stop undermining of the wall and pulling out of the sand. Do this last.
This is a long term project as it takes time to obtain DEEP approval.
The approximate cost is $1 million plus.

How will we pay for it?  Suggestions include long term individual assessments of relatively reasonable amounts with a scale based on current assessments and location of homes, meaning distance from the water.

In the original study Kollmeyer suggested a breakwater offshore, but currently DEEP does not like solid structures in the water. Also the base is set in sand, which can shift, so the breakwater can potentially shift and sink.

DEEP person in charge of Long Island Sound likes the idea of T- groins, which would be 50’ wide by 80’ long. Can we use “TreX” material to reduce deterioration and the need for maintenance? Do not know and is very expensive.

The procedure for approval is that the DEEP looks at the plan, then will probably send us to the Army Corp of Engineers next.  Over the course of several years, first  the groins are built, then the Ts are added, then after the Ts are in, the sand is added. The rip rap is added last.
These measures are to defend our beach as erosion which is happening at an accelerated rate, moving west.
First we need Board approval to start the process of permitting, but is this the best course of action? The alternatives are spelled out in the Bohlen report of 2013.

Board members requested a period of time to read the report before voting on investing in the permitting process and that the entire Association be sent the report, which lays out the facts and suggested options.  Board approval Voting will be done via e-mail.
The permitting costs need to be determined  - need estimates for drawing plans, and costs to submit those plans and proposals. DEEP has specific procedures and requirements.

Terence Beaty, Director New Homes and Land Division, Prudential Connecticut Realty, presented to the Board as a guest speaker, that the value of all of the beach Association homes is in the beach.  If the beach is closed due to erosion, seawalls falling down and septic incursion into Long Island Sound then all of the Association homes are immediately devalued.  

Waterfront owners will need to pay the most towards long term individual assessments to pay for erosion mediation; each assessment will be based on the current assessment and distance from the water.  Additionally non waterfront owners need to be welcomed by waterfront owners to use the entire beach.  All Stannard Beach Association members need to be informed of their rights to use the beach, and the responsibility of all waterfront owners to allow every association member to use the beach in front of their house.

Members of the erosion team/committee include:
John Petchler
Marty Webber
Maureen Keegan
Less Nathan
Sandy Seidman
Elin Katz
Mark Miller

Rhoda Eligator thanked the team for all of their work

Noel Bishop, Westbrook first selectman, would like to come to the Annual Association meeting in August.

Mike Guinan reported on the Lyman-Brown ROW solution. The Lymans have had water in their basement 3 times from the last 3 storms when they have not had water previously.  The corner of the Lyman property is now a low point, after the re-grading of the ROW. To remediate we can re-grade the ROW again, put in an infiltrator or drain in the ROW, and/or re-grade the Wrang property. The suggested solution is to install a curb from Caslin to Lyman and to do milling in front of the Brown and Lyman properties. Sharon Bender noted that this only moves the water down 2nd Ave pushing a water problem down the street onto other neighbors’ properties – not solving the engineering problem at hand.
Michael Guinan made a motion, 2nd by George Palmer, for up to $2000 to be spent on putting up a curb/burm/milling on the south side of 2nd Ave from Caslin/Brown to Lyman/Fishman.   Vote 13 for, 4 opposed. Motion passed.

Motion to adjourn by Marty Webber, 2nd by Merle Katzman. Adjourned at 10:35 a.m.