Conservation Commission Agenda (linked)
agenda center agenda
| Board/Commission | Conservation Commission |
|---|---|
| Meeting Date | July 10, 2025 |
| Pages | 16 |
| File Size | 5.1 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
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1 www.caciwc.org The Habitat Spring 2025 volume 37 number 1 conference, continued on page 3 T he CACIWC Board of Directors again extends their appreciation to all our members and other attendees who were able to participate in our 47th Annual Meeting and Environmental Confer- ence. This conference, held on Saturday, November CACIWC Celebrates its 50th Anniversary at our Annual Meeting and Environmental Conference held on November 16, 2024 F or approximately 25 years inland wetland agencies have been receiving applications from other land use commissions if the land involved in- cludes inland wetlands or watercourses. Gen- eral Statutes § 8–26(e) provides in relevant part: “If an application involves land regulated as an inland wetland or watercourse under the Planning and Zoning “Due Consideration” Referral Issues [Editor’s note: the following is a portion of Judge Marshall Berger’s keynote presentation speech given at the CACIWC 50th anniversary conference on November 16, 2024. Additional portions will be submitted in upcoming editions of The Habitat.] provisions of chapter 440,1 the applicant shall submit an application to the agency responsible for adminis- tration of the inland wetlands regulations no later than the day the application is filed for the subdivision or resubdivision. . . The commission shall not render a decision until the inland wetland agency has submit- ted a report with its final decision to the commission. In making its decision the commission shall give due consideration to the report of the inland wetlands agency and if the commission establishes terms and conditions for approval that are not consistent with the final decision of the inland wetlands agency, the com- mission shall state on the record the reason for such terms and conditions.” 16, 2024, was our second conference hosted at the spacious, Bristol Event Center in Bristol, Connecti- cut. The conference theme, “Celebrating the 50th Anniversary of CACIWC” not only acknowledged our five decades of efforts in the support of our member commissions but was also the focus of our keynote speaker presentations. For our special 50th anniversary conference we re- cruited three keynote speakers, and were pleased to welcome retired Judge Marshall Berger, Jr., State Representative Mary Mushinsky, and Director of the Connecticut Agriculture Experiment Station (CAES), Jason White, PhD to our keynote panel session. All three helped us review the five decades of progress in environmental regulation, conservation, and habitat protection since CACIWC was first or- ganized. Each presenter also provided their personal consideration, continued on page 11 Keynote speaker Jason White, PhD. Photo by Jeff Mills. Keynote speaker Judge Marshall Berger. Photo by Jeff Mills. A publication of the Connecticut Association of Conservation and Inland Wetlands Commissions, Inc. (CACIWC) 2 The Habitat | Spring 2025 CACIWC Board of Directors Officers Alan Siniscalchi President Peter Bassermann Vice President Charles Dimmick Treasurer Maureen Fitzgerald Secretary County Representatives Alicia Mozian Fairfield County Ann Beaudin* Hartford County Jeremy Leifert Litchfield County Marianne Corona Middlesex County Maria Kayne New Haven County Laura Magaraci New London County Rodney Parlee Tolland County Lindsay Beutler Windham County *Now vacant (see p. 16) Alternate County Representatives Aleksandra Moch Fairfield County Vacant Hartford County Abby Conroy Litchfield County Kathy Savona Middlesex County J. David Rauch New Haven County Gary Gregory New London County Vacant Tolland County Vacant Windham County At-Large Representative(s) DEEP Liaisons Kimberly Bradley Kristen O’Neil Darcy Winther The Habitat is the newsletter of the Connecticut Association of Conservation and Inland Wetlands Commissions (CACIWC). Materials from The Habitat may be reprinted with credit given. The content of The Habitat is solely the responsibility of CACIWC and is not influenced by sponsors or advertisers. Correspondence to the editor, manuscripts, inquiries, etc. should be sent to Alan Siniscalchi at TheHabitat@caciwc.org. Interim Editor: Alan Siniscalchi Associate Editor: Ann Letendre www.caciwc.org CACIWC News CACIWC news, continued on page 13 2 14 15 15 16 CACIWC News Remembering Tom ODell CT State Wildlife Action Plan (SWAP) Updates 2024 Annual Conference Sponsors Ann Beaudin Memorial and Save the Date In This Issue Page A s this Spring issue of The Habitat is being prepared for posting, the CACIWC Board of Directors is continuing to receive positive comments on our 2024 annual conference, the 47th Annual Meeting and Environmental Conference with its special theme of Celebrating the 50th Anniversary of CACIWC. We recognized that reviewing the five decades of CACIWC history would inspire memories of the many conferences and other programs that we provided through the years. Many of these memories reflected on the incredible efforts made by the thousands of dedicated volunteer commissioners and staff that have served our towns throughout the state. As we enter our next decade of service to our conservation and inland wetlands commission members, we pledge to continue to bring you the most current and relevant educational topics at both our annual conferences and in additional mid-year seminars that we are planning for our members. Unfortunately, the joyful reflection and excitement from both looking back and looking forward following our 50th anniversary celebration have been tempered by news from Washington of the continuing rollback of federal programs and regulations supporting conservation and environmental protection. We recognize that these unfortunate setbacks will result in a transfer of responsibility of conservation and environmental protection efforts to state agencies and local commissions. Efforts to continue to assess the course of climate change and strengthen climate impact resilience will even more likely to fall to state and local agencies. All these policy change impacts will be exasperated by staff and funding reductions at key federal agencies such as the National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA). CACIWC also recognizes the critical need to continue supporting to our many member commissions as you increase your efforts to protect the critical habitats of your towns. We pledge to continue to serve you through the challenges of these coming years. 3 www.caciwc.org insight within their fields of law, regulation, and science on how commissions can prepare for future efforts impacted by changes in climate, regulation and other challenges. Dr. Jason White was the first keynote speaker of the panel to present following the welcome and annual busi- ness meeting by CACIWC President Alan Siniscalchi. Dr. White is the Director of the Connecticut Agricul- tural Experiment Station (CAES), the oldest Agricul- tural Experiment Station in the country. In addition to managing the agency budget of $12.5 million and approximately 100 scientific staff, Dr. White oversees a research program of $5.1 million in competitive funding/research. He also serves as the Managing Editor for the International Journal of Phytoremedia- tion and sits on the editorial boards of Environmental Pollution and NanoImpact as well as the Editorial Ad- visory Boards of Environmental Science & Technology and Environmental Science & Technology Letters. Dr. White is the Immediate Past President of the Interna- tional Phytotechnology Society. His primary research program focuses food safety and security, with specific interests on the impact of nanomaterials on agricultur- al plants and on the use of nanotechnology to sus- tainably increase food production and promote global food security. Dr. White received his PhD in Environmental Toxicol- ogy from Cornell University in 1997 and has second- ary appointments at the Harvard University TH Chan School of Public Health, the University of Texas-El Paso, the University of Massachusetts, and Post Uni- versity. He has published approximately 240 scientific papers that have been cited 11,991 times, as well as authoring eight book chapters. Jason lives in Prospect, Connecticut with his wife Michelle and six children. Dr. White is preparing a summary of his presentation as an article, which will be found the next issue of The Habitat. Our second keynote speaker Judge Marshall Berger graduated from the University of Vermont with a BA degree in 1969 and from George Washington Univer- sity in 1972 with a JD with honors. He was appointed a Superior Court Judge in September 1988 and has served in a variety of capacities. Most notably Judge Berger created and served as the Presiding Judge for the Land Use Docket from 2012 to 2020. Prior to his elevation to the bench, he practiced en- vironmental, land use, and municipal law. He served as Chief Counsel for the Department of Environ- mental Protection's Office of General Counsel, Air Compliance Unit. Judge Berger taught land use law as an adjunct faculty member at the University of Connecticut School of Law from 1987 to 1994 and over the years has served on several judicial and governmental task forces. In 2009, he received the President’s Award for Excel- lence from the Hartford County Bar Association. Judge Berger prepared a summary of the first portion of his presentation, which can be found starting on the lower half of the cover page of this issue. He also plans to prepare addition articles for The Habitat. The third member of the keynote speaker panel was State Representative Mary Mushinsky conference, continued from page 1 Enhancing properties and communities through exceptional land use services. 203.327.0500 | www.rednissmead.com Serving Fairfield, New Haven and Westchester Counties Since 1957 conference, continued on page 4 4 The Habitat | Spring 2025 conference, continued from page 3 Mary Mushinsky was first elected to the Con- necticut House of Represen- tatives in 1980 on a platform of envi- ronmental activism, consumer advocacy and improved energy policies. She currently holds the leadership position of Assistant Deputy Speaker Pro Tempore. Mary has held various other leadership positions in- cluding co-chair of the legislature's bipartisan Program Review and Investigations Committee, specializing in preparing workforce for a changing economy, retrain- ing older and long-term unemployed workers, appren- ticeships, and improving efficiency of state programs. The committee spotlighted and expanded the state’s most successful apprenticeship program, Platform to Employment. Mary previously served as co-chair of the legislature's Select Committee on Children for ten years and passed the state’s anti-bullying law. She is the recipient of numerous awards for adolescent preg- nancy prevention and reduction of child poverty. She also served for six years as co-chair of the legisla- ture's Environment Committee. A biologist by training, Mary has been the chief proponent in the Connecticut legislature of major environmental legislation enacted during the 1980s and 1990s, including mandatory re- cycling, packaging reduction, open-space preservation, global warming mitigation and endangered species protection laws. Mary served as a member of the Commission on En- hancing Agency Outcomes and the Results-Based Accountability Working Group to achieve greater efficiencies in taxpayer funded programs, as well as the Peak Oil Caucus to reduce the impact of high oil prices on residents and businesses. She currently serves on the Manufacturing Caucus and the Sportsmen’s Caucus. In Wallingford, Mary initiated and serves as co-chair of the Quinnipiac River Linear Trail Advisory Com- mittee, which works with local, state and federal officials and the community to expand the pedestrian/ bicycle trail. She also served on the Wallingford Ener- gy Conservation Commission, which promoted the en- ergy audit and energy management recommendations now implemented by the Town of Wallingford school system. Mary is a member and legislative liaison for the Coalition for a Better Wallingford, which seeks to reduce drug and alcohol abuse. Representative Mushinsky, who lives in Wallingford with her husband Martin J. Waters and has two adult sons, Martin and Edward Waters, will prepare an arti- cle for a future issue of The Habitat. Workshops Following the presentations from our three keynote speakers, our 2024 annual conference proceeded to our twelve workshops, organized in four tracks de- signed for both new and experienced conservation and inland wetlands commissions and their staff. These conference, continued to page 5 DELIVERING VALUE TO CLIENTS IN THE BUILT ENVIRONMENT BL Companies specializes in Natural & Cultural Resource studies related to: Land Development • Energy • Telecommunications • Infrastructure • Transportation • Regulatory Compliance Wetlands & Soils Scientists • Biologists Ecologists • Archaeologists BL Companies, Inc. 800.301.3077 blcompanies.com Meriden | Hartford Keynote speaker Representative Mary Mushinski* *All photos on pages 1-13 by Jeff Mills 5 www.caciwc.org conference, continued from page 4 four tracks included several key focus areas: A. Assess- ing and preserving our varied habitats, their wildlife & other inhabitants; B. Application evaluation, en- forcement, and inland wetlands regulation; C. In- creased climate resiliency and other emerging threats; and D. Helping our commissions evaluate and respond to evolving threats and other issues. Three workshops of interest to Connecticut commis- sions were scheduled in Track A, entitled, Assessing & preserving our varied habitats, their wildlife & other inhabitants. The first track A workshop, “Update on Invasive Aquatic Plants in CT including Hydrilla,” was presented by Gregory J. Bugbee, Associate Scientist & Head, Office of Aquatic Invasive Species, Department of Environmental Science and Forestry, The Connecti- cut Agricultural Experiment Station (CAES). He intro- duced his workshop topic by reviewing the ecosystem and economic impacts of invasive aquatic plants, including crowding out native vegetation, harming fisheries, degrading recreation, impeding navigation, and reducing property values. He reviewed CAES vegetation surveys and illustrated findings of invasive aquatic plants starting in 2004 covering various spe- cies including both Eurasian and Variable-leaf water- milfoil, Curlyleaf pondweed, Water chestnut, and Fan- wort. The highlight of his presentation concentrated on the unique strain of Hydrilla now occurs in the Con- necticut River and other areas. He illustrated the visual difference between this unique CT River Hydrilla stain and Monoecious Hydrilla and reviewed demonstration projects involving dye tests and herbicide use under- way by the U.S. Army Corps of Engineers (USACE). Greg also reviewed the various approaches to the man- agement and mitigation of all invasive aquatic plants emphasizing the value of surveillance and prevention efforts that local commissions and staff can assist with. The second track A workshop, “Sharing the Land- scape with Amphibians and Reptiles” was presented by Hank Gruner, Herpetologist, Member of the An- dover Conservation Commission using an informa- tive PowerPoint prepared by him and Dennis Quinn, Owner of Quinn Ecological, LLC. The presentation started with an explanation of the unique challenges in the conservation and management of Connecticut’s 46 species of native amphibians and reptile including the complexity of the life history, the strong influence of the physical and chemical factors in their environment, and the fact that a high percentage are already at the periphery of their environmental range. Much of the presentation focused the importance of stewardship in ensuring the long-term stability of many of our am- phibian and reptile populations. Hank presented many useful examples of effective stewardship in action, helping to manage changing environmental conditions and support amphibian and reptile conservation. ! " # $ %&'()*&()*&) + ,( ! " # $ %&'()*&()*&) + ,( conference, continued to page 6 Workshop A2 speaker Hank Gruner 6 The Habitat | Spring 2025 The third track A workshop, “Connecticut’s Second Bird Atlas” was presented by Min T. Huang, PhD, Migratory Bird Program Leader, State of Connecticut Department of Energy and Environmental Protec- tion (DEEP). In his presentation, Dr. Huang, detailed the significant milestone of completing the second Connecticut Bird Atlas, outlining details of the many volunteers who provided data from their observations in the 601 Atlas blocks covering the entire state. The presentation reviewed some of the initial findings of various components of the atlas data including breed- ing surveys, point counts, and winter surveys. He pointed out how this survey documented many chang- es in the distribution and occurrence of species were documented since the initial 1982-86 Atlas, with some species extirpated and some new species now breeding in Connecticut. In the areas acknowledgment to the work of our member commissions, the survey found that wetlands associated species seem to be doing rela- tively better compared to other groups. The presentation reviewed detailed findings useful to towns, land trusts, NGOs, and State and Federal Agen- cies with the information on the status of our birds in order to direct land management actions to benefit de- clining populations such as the 97% decrease in Ruffed Grouse breeding populations, and the 90% decrease of Eastern Meadowlark breeding populations. The presentation closed by emphasizing the importance of securing funding to implement necessary conservation actions and other steps to support findings of the Atlas. Three workshops of interest to Connecticut commis- sions were also scheduled in Track B, Application eval- uation, enforcement, and inland wetlands regulation. The first workshop entitled “All Things Vegetative Considered: Enforcement & Regulation,” was pre- sented by Janet Brooks, Attorney at Law, LLC with, and Darcy Winther, State of Connecticut Department of Energy and Environmental Protection (DEEP), as moderator. This workshop outlined many important approaches for both new and experiences commission- ers, including: (1) how to regulate the removal of veg- etation by permit, (2) how to add vegetation plantings to a permit, i.e. a vegetated buffer by specific permit condition or by adopting a regulation, (3) how to take enforcement for unpermitted removal of vegetation (cutting/clearing of brush and trees), and (4) how to regulate the ben- eficial removal of invasive vegeta- tion. Our second track B workshop, “2024 Wetlands Law & Regu- lations Update with Question & Answer Ses- sion,” presented by Mark Branse, Halloran & Sage, LLP, Janet Brooks, Attorney at Law, LLC, and moderated by Darcy Winther and Kristen O'Neil, Connecticut Department of Energy and Environmental Protection (DEEP). One of our keynote speakers, retired Judge Marshall Berger was invited to participate in the informative and lengthy question and answer session which received a large number of questions from those in attendance. The third B workshop, entitled “River Systems: Ri- parian Corridors & Stormwater Management” was presented by Alicea Charamut, Executive Director, Rivers Alliance of Connecticut, Christopher R. Field, PhD, Director Office of Planning and Resilience, Department of Energy and Environmental Protection conference, continued from page 5 conference, continued on page 7 Legal workshops speaker Attorney Janet Brooks Legal speakers Atty. Greg Sharp, Judge Berger, Atty. Janet Brooks, Atty. Mark Branse 7 www.caciwc.org Learn from experts about science & conservation, wildlife, recreation, history/art, and people making a difference. Subscribe Today! See link at: https://www.estuarymagazine.com/ subscribe/ Estuary magazine is a publication of the nonprofit Watershed Fund. Join a Community of Advocates for the Connecticut River and its Watershed (DEEP), & Bianca Beland, DEEP Land and Water Re- sources Division. In the first portion of the workshop, Alicea Charamut reviewed the functions and value of riparian zones in protecting water quality and aquatic habitats, along with helping to mitigate the impact of storms. She compared buffers and upland review areas including differences in buffers and setbacks among New England states along with the role of local land use agencies in protection of these critical areas. The second portion of the workshop reviewed and illustrat- ed how Connecticut state agencies are continuing their efforts to improve management of stormwater as our state experiences increasing numbers of extreme rain- fall events driven by climate change and other factors. Dr. Field reviewed opportunities for towns to access federal climate resilience funding to keep communities safe from these events, while Bianca Beland provided an illustrated presentation on the historic impacts of the catastrophic flooding event observed in southwest- ern Connecticut towns in August 2024. Three workshops of interest to conservation commis- sions were scheduled in Track C. Increased climate resiliency and other emerging threats. The first track C workshop, “A Roadmap for Con- necticut Climate Resilience,” was presented by John Truscinski, Director of Resilience Planning, Connecti- cut Institute for Resilience and Climate Adaptation (CIRCA). In his workshop, John Truscinski reviewed how the efforts of CIRCA in working with Con- necticut Coastal communities on climate resilience strategies has led to the development of a roadmap for guiding Connecticut policy makers. He outlined the various steps needed to both understanding local conference, continued from page 6 conference, continued on page 8 Atty. Mark Branse and Judge Marshall Berger 8 The Habitat | Spring 2025 climate vulnerabilities, and the actions towns can take to prepare, mitigate and adapt will require planning for future hazards, bud- geting and coordination between municipal commissions, boards and authorities. The second track C workshop, “Climate Change Impact on Rural and Urban Areas,” Was presented by Louanne Cool- ey & Kayla Vargas from the Con- necticut Institute of Resilience and Climate Adaptation (UConn CIRCA), along with Bill Glea- son, West Hartford Tree Action Group (TAG). The speakers presented information showing the many ways that climate change is continuing to impact Connecticut and emphasize how rural and urban areas face both similar and distinctly different challenges. Louanne and Kayla reviewed how heat and flooding can be addressed using various existing tools municipalities have and may need in the fu- ture. They focused on the roles of all local authority including Zoning, Inland Wetlands Agency and Conservation Commissions. Bill Gleason outlined the unique approached that West Hartford uses with a combination of the town Tree Action Group, citizen volunteer action, and unique educational outreach programs to increase awareness of these critical issues, while improving environmental resilience, diver- sity, and conservation. A third track C workshop, “Light Pollution: Its Impact on Wildlife & Climate Change,” benefited from the perspective of three speakers: Leo Smith, Chair of the Connecticut Chapter, Dark- Sky International; Craig Repasz, Chair & Co-Founder, Lights Out Connecticut; and Margery C. B Winters, the Chair of the Sims- bury Conservation Commission/ Inland Wetlands and Watercours- es Agency, President, Simsbury Land Trust, and Assistant Direc- tor, Roaring Brook Nature Cen- ter. All three speakers gave their perspective on how light pollution adversely affects the health and quality of life of plants, animals and people. They focused on efforts to provide outdoor light when and where it's needed, while minimizing harm from light pollution to the highest de- gree reasonably possible. A por- tion of the workshop outlined the value of the Model Outdoor Lighting Regulations developed for Connecticut, designed to guide municipalities in reduc- ing light pollution through their zoning amendment process. Fi- nally, several Federal Highway Administration (FHWA)-ap- proved streetlight technologies, were presented such as adaptive lighting, that reduce lighting levels from 11 PM until 5 AM. Three workshops of interest to conservation commissions were scheduled in Track D. Helping our commissions evaluate and respond to evolving threats and other issues. The first track D workshop entitled, “Conducting Natural Resource Inventories,” was presented by Hank Gruner, Her- petologist, Member of the Ando- ver Conservation Commission, and Erik Keller, Vice Chairman, Ridgefield Conservation Commission. conference, continued from page 7 conference, continued on page 9 Swamp Yankee Earthcare Exhibitor Table BSC Group Exhibitor Table CT Chapter Dark Sky International Exhibitor Table 9 www.caciwc.org This workshop topic was requested by conservation commissions who have not yet begun work on the Natural Resource Inventory (NRI) for their town or have gone beyond their initial stages of planning. Both speakers provided valuable information insight on their approaches throughout the NRI process, includ- ing gather initial information to develop local informa- tion, developing databases and preparing and distrib- uting a summary report. The presentation also rec- ognized the additional steps and resources needed to best utilize all data obtained in their NRI to effectively carry out their conservation mandate. The second track D work- shop, entitled “Invasive Plant Updates and Prioritiz- ing Manage- ment,” was presented by Lauren Kurtz, PhD, Invasive Species Out- reach Special- ist, UConn De- partment of Plant Science and Landscape Architecture. In her presentation, Dr. Kutz reviewed all recent up- dates to the Connecticut Invasive Plant List including details on their identification and methods of control. The attendees of this workshop were pleased to learn conference, continued on page 10 more about these recent additions, which were the first updates to the list since 2018. The workshop emphasized that, while the task of managing invasive plants can quickly become over- whelming due to time and resource needs, use of the triage practice to assess the degree of ecological dam- age to the site and economic criteria, helps prioritizes the invasive species management. The third and final track D workshop entitled, “Iden- tifying Potential Vernal Pools,” by Edward Pawlak, MS, Registered Soil Scientist &Certified Profession- al Wetland Scientist (PWS) was another frequently requested topic as many municipalities are interested in mapping potential vernal pools as a first step in protecting and conserving these critical habitats. In his workshop, Ed effectively outlined the various chal- lenges to these efforts He highlighted two effective strategies for remotely identifying potential vernal pools using both high- and low-technology approach- es. These including use of tools available within Google Earth, which can be used to identify small, isolated water bodies on the landscape with varying degrees of reliability, depending largely on forest Ferrucci & Walicki, LLC www.fwforesters.com 6 Way Road, Middlefield, CT 06455 CT and MA Certified Foresters NRCS Technical Service Provider Forest management, timber harvest, recreation and wildlife habitat plans Boundary and GIS mapping services PA 490 and Chapter 61 860-349-7007 – fw@fwforesters.com conference, continued from page 8 Earth Tones Native Plants Exhibitor Table New England Wetlands Plants Bolton Conservation Commission Exhibit Table with Rod Parlee, Bolton CC Chair & CACIWC Board Member 10 The Habitat | Spring 2025 Made in Connecticut with over 90,000 installations since 1999 For more information on how to solve solve your stormwater quality issues contact us at 800.504.8008 or visit bmpinc.com. BMP’s products like the SNOUT®, Bio-Skirt®, and our new Turbo Plate® help you reduce stormwater pollution with simple solutions. The Quality Stormwater Management System New PDH Webinar at bmpinc.com! composition (deciduous versus coniferous). Several examples of how confirmed vernal pools appear on Google Earth aerial photos were presented, along with examples of "false positive" vernal pool identifications on Google Earth. A resource for identifying property lines and ownership on Google Earth was also shared. The attendees of Ed’s workshop also appreciated his describing of a fascinating but low tech approach of using springtime evening "road running" to provide auditory clues to the location of vernal pools within the local landscape. For additional details of these workshops, please note that many of the PowerPoint presentations of our speakers and workshop leaders are available on our website 2024 annual conference page at: CACIWC Annual Meeting 2024. During our 2024 conference, CACIWC hosted many nonprofit and commercial exhibitors that provide their informative displays in an easy to view arrangement between the entrance and main ballroom adjacent to the food and beverage service. Our conference survey revealed an appreciation for the information provided by these exhibits, along with the networking opportu- nities that occurred in these areas. We again thank the conference attendees and all those responsible for organizing our 47th Annual Meet- ing and Environmental Conference. We used many of your workshop ideas in our 2024 conferences so please keep forwarding your suggestions to us at: AnnualMtg@caciwc.org. We look forward to your participation at our upcoming 2025 Annual Meeting and Environmental Conference! conference, continued from page 9 Real Estate Appraisals ConservaƟon Easements Open Space Farmland Yellow Book Appraisals Kerin & Fazio ValuaƟon Group 203.259.9500 | WWW.KFVG.COM Serving ConnecƟcut MunicipaliƟes 800-873-3321 sales@ernstseed.com https://ernstseed.co/Hab Restoring the Native Habitat 11 www.caciwc.org The same referral applies to site plans; 8-3(g)(1); and special permits; 8-3c(a) and (b). The referral process makes sense as our land use commissions should give due consideration to sister commission reviews. But here is the part you may not be familiar with. In a 2005 Connecticut Supreme Court decision, Carr v. Planning & Zoning Comm'n of Town of Bridgewater, 273 Conn. 573 (2005), in which the zoning commission denied an affordable housing application based upon the inland wetlands commission’s denial of its application, the court said, “This court previously has stated that this statutory provision ‘recognizes that, as a practical matter, a wetlands agency's determination that the construction of a subdivision would have an adverse effect on the wetlands does not necessarily render the subdivision infeasible. A [planning] commission could determine, for example, that the subdivision application should be modified to avoid any such adverse effect. More- over, the statutory provision vests discretion in the commission to determine that, even if the adverse effects cannot be avoided, they do not justify denial of the subdivision. Thus, the statute effectively gives the commission discretionary authority to contravene the consideration, continued from page 1 PLANTERSʼ CHOICE NURSERY www.planterschoice.com You want to provide nothing but the best for the cultivated landscape. For over 50 years, Planters’ Choice has been doing just that. When your project needs top quality natives, other northern grown product, and plants carefully sourced from top-tier nurseries, trust in our team to consistently make that happen. 140 Huntingtown Road Newtown, CT 06470 (203) 426-4037 1201 Bunker Hill Road Watertown, CT 06795 (860) 945-6588 consideration, continued on page 12 agency's decisions. Again, this makes sense in light of the fact that the risk of damage to wetland areas does not necessarily render a subdivision plan practically infeasible, but may merely present a public policy concern.’ River Bend Associates, Inc. v. Planning Commission, 271 Conn. 41, 62, 856 A.2d 959 (2004). It is clear, therefore, that the report of a conservation commission is not binding on a planning and zoning commission in considering a subdivision application.” Carr, 273 Conn. 573, 597-98. The Carr court also stated “As we have indicated, contrary to the zoning commission's statement to the trial court, the report of a conservation commission is not binding on a planning and zoning commission in reaching a decision on an ordinary subdivision ap- plication. Rather, a planning and zoning commission need only give “due consideration” to a conservation commission's report. See General Statutes § 8–26. A fortiori, the report of a conservation commission is not binding on a planning and zoning commission in the affordable housing context, where the burden is on the planning and zoning commission to weigh the potential harm to the wetlands against the town's need for affordable housing and to provide persuasive legal 12 The Habitat | Spring 2025 cision must also comply with the legislative mandate of 22a-42a(d)(1) to “state upon the record the reason for its decision.” Failure to do so, which has been, for some commissions, a calculated determination in the past, will result in a precarious decision subject to being reversed. How long courts will continue to give a pass on this failure - especially in light of the public policy tension - is questionable. Nevertheless, if there are cogent reasons for your actions protecting those water resources, they must be set forth for both the public and the reviewing court. Judge Marshall Berger (Ret), formerly the Presiding Judge of the Connecticut Superior Court Land Use Docket, is now a member of the Alternative Dispute Resolution group at Pullman and Comley offering me- diation and other resolution opportunities to parties engaged in land use and environmental disputes. Look for additional articles by Judge Berger in up- coming editions of The Habitat. and policy reasons that the subdivision application should be denied. . . . The record in the present case shows that the zoning commission . . . simply assumed that a determination by the conservation commission that a subdivision has the potential to cause damage to wetlands always outweighs the need for affordable housing. Accordingly, we conclude that . . . the conser- vation commission's denial of the wetlands application was not a valid reason for denying the modified appli- cation.” Carr, 273 Conn. 573, 599–600. So much for a cohesive land use planning scheme as envisioned by the legislature. The Court has emphasized that our land use commissions are independent statutory bodies. Of course, the independence goes both ways and an inland wetland commission has its own regulatory function to determine impacts on wetlands and watercourses. See, Aaron v. Conservation Comm'n of Town of Redding, 183 Conn. 532, 552 (1981) (“That [inland wetland and watercourse] agency ‘shall serve as the sole agent for the licensing of regulated activities,’ (emphasis added) as that term is defined under the Inland Wetlands and Water Courses Act. See General Statutes 22a-42(c); 22a-38(13).”) Nevertheless, we are now facing the tension between two equally important state policies, sometimes in conflict with each other: the protection of our wetlands vs supplying more affordable housing. With proper planning and collaboration, however, there need be no conflict. Of course, a wetlands and watercourses com- mission is, at the moment, not a commission that falls under the purview of the 8-30g Affordable Housing legislation. Yet, our wetland commissions must com- ply with first, judicial decisions requiring an adminis- trative decision be based upon findings of an adverse impact (or no impact) to the wetlands or watercourses, which are supported by substantial evidence in the record. See, River Bend Associates, Inc. v. Conserva- tion & Inland Wetlands Comm'n of Town of Simsbury, 269 Conn. 57, 70 (2004) (“the substantial evidence test requires a substantial basis in fact that an adverse impact to the wetlands or watercourses will result from the proposed activities and that the defendant's decision must be supported by more than a possibility of that adverse impact.”). Second, the commission de- consideration, continued from page 10 New England Wetland Plants, Inc. 820 West Street, Amherst, MA 01002 Phone: (413) 548-8000 Fax: (413) 549-4000 Email: info@newp.com Web: www.newp.com Make the neighbors happy! Buy wildlife-friendly, native plants from New England Wetland Plants, Inc. Wholesale Native Plant Nursery Your source for: Trees, Shrubs, Ferns, Flowering Perennials, and Grasses Coastal and Inland Wetland Plants Specialty Seed Mixes Coir logs, Straw Wattles, Blankets, and Mats 13 www.caciwc.org of Ann Beaudin, our long-term Hartford County Representative to our board. Board members could always depend on Ann to discuss how best to raise awareness of the latest emerging environmental issues impacting communities throughout Connecticut. To help honor her love of CACIWC, her daughter Dr. Andrea Beaudin has asked us to establish the Ann Beaudin Memorial Fund to continue Ann’s efforts in provide education and training for our members. Please see the article on the back cover of this issue (p. 16) for additional details. All of us on the CACIWC Board of Directors continue to thank you and your fellow commissioners and staff for your local efforts and your ongoing support. We pledge to help all of you continue your important efforts during the ongoing reductions in federal programs and regulations supporting conservation, environmental protection, and building resilience to the impact of climate change. Thank you, Alan J. Siniscalchi, President CACIWC In other news: 1. During the past few months, the CACIWC Board of Directors and its Annual Meeting Committee have reviewed the many comments and suggestions submitted as part of our 2024 conference evaluation. In response to these suggestions, we are beginning to select workshop topics and speakers for our 48th Annual Meeting and Environmental Conference, now scheduled on Saturday, November 15, 2025. Please do not hesitate to contact us with any additional suggestions for speakers and workshops to schedule during this conference at AnnualMtg@caciwc. org. Watch our website for the additional detailed conference news at www.caciwc.org. 2. Although expenses for our conference and publication have continued to grow, the Board of Directors have decided not to increase our CACIWC membership dues for our 2025-26 fiscal year starting on July 1, 2025 to help limit your yearly expenses. We will again offer a substantial discount on the annual conference registration fee for our member commissioners. Members will also able be able to attend our mid-year training programs being scheduled this year. Watch for our reminders or look for both the 2025-26 online and mail-in membership renewal forms on our website: www.caciwc.org. 3. As part of last year’s 50th anniversary of CACIWC and our publication, we asked conference attendees to also add topic suggestions for articles in The Habitat in the conference evaluation form. You can also send us ideas for content in The Habitat to us via email, at: TheHabitat@caciwc. org or at board@ caciwc.org. We will appreciate all your suggestions! 4. All of us on the CACIWC board were saddened by the recent death CACIWC news, continued from page 2 CACIWC President Alan Siniscalchi introducing the conference 14 The Habitat | Spring 2025 N o discussion of our 50th Anniversary would be complete without acknowledging the many contributions made by CACIWC co-founder Tom ODell. In addition to serving as our President and Execu- tive Director, Tom's long service as Editor of this publica- tion continued until close to his death in 2018. Thomas M. ODell was born on July 27, 1934 in Port Washington, New York and graduated from Glastonbury High School and the University of Connecti- cut, where he majored in Forest Entomol- ogy. After fighting western forest fires, serving as an Army National Guard medic, and a forty plus year career studying biological control of insect pests with the USDA Forest Service in Hamden, Tom retired to spend more time on state and local conservation efforts. Tom's early efforts as editor began in 1970 when, as a new member of the Westbrook Conservation Commis- sion, he volunteered to assist in researching and develop- ing content for the newsletter of Connecticut Association of Conservation Commissions (CACC), entitled, Con- necticut's Environment. This CACC newsletter was first printed by the State of Connecticut Department of Agri- culture and Natural Resources for distribution through- out the state. In 1971, when most state conservation and environmental protection activities were transferred to the newly formed Department of Environmental Pro- tection (DEP), CACC and its newsletter continued to be supported along with publication of the first Handbook for Conservation Commissions. Major changes occurred with the passage of the 1972 Inland Wetlands and Watercourse Act creating a new municipal government function, followed by Public Act 73-293, which increased the size of conservation commis- sions. Following the passages of these acts and within four years of the first Earth Day, the Connecticut Association of Conservation and Inland Wetlands Commissions (CACIWC) was organized in to help support the major expansion of municipal land use roles and responsibilities. Remembering Tom ODell CACIWC published the first issue of The Habitat in 1974 with Tom as its Interim Editor. The Habitat received finan- cial support from the DEP until 1993 with several others periodically helping as supporting and interim editors. In 1994, Tom again accepted the position as Editor following his retirement from the USDA Forest Service. For the next 22 years Editor Tom, and Associate Editor Ann Letendre expanded and strengthened The Habitat. In 2006, the CACIWC Board of Directors supported the further expansion of newsletter, with stable advertising revenue support organized by Jeff Mills of JM Communi- cations. The Habitat is now a major tool of the CACIWC education and outreach triad, along with our annual con- ference and our www.caciwc.org website. In 2007 Tom stepped down as President to focus on his role as Editor of The Habitat. That fall he was awarded the 2007 Special Recognition Award to acknowledge his many years of contributions to CACIWC and our members. On Thursday, October 13, 2016, Tom ODell was honored for his statewide work and 46 years as Westport Conser- vation Commission Chairman at special ceremony held at Westport's Water's Edge Resort & Spa. CACIWC President Alan Siniscalchi presented Tom with his 2016 Lifetime Achieve- ment award at this cere- mony for his for his many decades of service to the Conservation and Inland Wetland Commissions of Connecticut as the CACI- WC President, Executive Director, and Editor of The Habitat along with his tireless advocacy work for open space conservation as one of the lead environmental champions in Connecticut. Other announcements made during this event include the recent designation by the Town of Westbrook of the "Tom ODell Wildlife and Conservation Area" for an area of Long Island Sound including the three barrier islands known as Salt, Menunketesuck, and Duck. As we celebrate the 50th Anniversary of CACIWC and The Habitat, we once again remember Tom and acknowl- edge how his many contributions will continue to serve as the foundation of CACIWC for decades to come. Former CACIWC President Tom ODell Former CACIWC President Tom ODell. Photo by Carol ODell. 15 www.caciwc.org S ince our last update, the Connecticut Depart- ment of Energy and Environmental Protection (DEEP) has continued to gather information from taxonomic experts, CT municipal and tribal communities, and other key partners such as CACI- WC to inform the development of Connecticut’s 2025 Wildlife Action Plan. The upcoming issue CT Wildlife Action Plan’s Partner Network Newsletter will summarize the results of a recent survey focused on habitats, issues and actions. Thank you to those who filled out the survey! The input you provided throughout the revision process has helped sharpen the focus on top priori- ties for each of the chapters in the CT SWAP. DEEP is well on its way to finalizing the public review draft and will again be seeking input from CACIWC members. The public review period will be a mini- mum of 30 days starting this summer and CACIWC will be providing you with information on the com- CT State Wildlife Action Plan (SWAP) Public Review Draft Available this Summer We thank the many generous businesses and organizations who sponsored our 2024 Annual Meeting and Annual Conference! Janet P. Brooks, Attorney at Law, LLC ment process. Please make time in your schedule to provide feedback! Information about Connecticut’s Wildlife Action Plan as well as updates about the 2025 revision can be found at CT Wildlife Action Plan. Since the launch of the revision process in 2023, DEEP has been in contact with CACIWC for input and assistance on reaching out to our members. The intention is that this collaboration will continue into implementation of the Plan. President Alan Siniscalchi has been meeting with Brian Hess and other representatives of DEEP’s Wild- life Division to discuss specific ways CACIWC can work closely with DEEP and other key conservation partners on implementation of the 2025 Wildlife Action Plan over the next 10 years. This is an exciting opportunity to work together to develop a strategy and tactics for achieving our shared conservation goals. Stay tuned for additional information! 16 The Habitat | Spring 2025 Dedicated to constant vigilance, judicious management and conservation of our precious natural resources. The Habitat Printed on recycled paper Connecticut Association of Conservation and Inland Wetlands Commissions, Inc. 27 Washington Street Middletown, CT 06457 www.caciwc.org Non Profit Org US Postage PAID Hartford, CT Permit # 158 Spring 2025 T he CACIWC Board of Directors is saddened to report the recent passing of one of our long- term board members, Ann Beaudin, who had served as our Hartford County board representative since 2007. Ann’s skills as an effective advocate for local and statewide open space conservation and hab- itat protection were developed through her multiple careers in public school education, communication, marketing and advocacy. The CACIWC board certain- ly will miss her passionate dedication to raising aware- ness of the latest environmental issue in her county and throughout the state. In addition to her role on the CACIWC board, she also served for many years as the Chair of the Windsor Conservation Commission. Read her obituary for addi- tional insight on her active life: Ann Beaudin obituary. The Ann Beaudin Memorial Fund Her daughter Andrea requested that CACI- WC set up a memorial fund to honor Ann's long service in pro- moting habitat con- servation and envi- ronmental protection within Connecticut. Contributions to this fund will support environmental and conservation educa- tion for Connecticut's many conservation and inland wetlands commissioners and other volunteers. Please consider donating in Ann's memory using the follow- ing PayPal form, located at: Donate. Please save the date of Saturday, November 15, 2025 for our next Annual Meeting and Annual Conference and watch our website for additional updates: www.caciwc.org.