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Planning Commission Minutes 07/08/2009
MINUTES
Wednesday, July 8, 2009 at 7:30 p.m.
2nd Floor Conference Room
Town Hall, 302 Main Street

I.        CALL TO ORDER

Chairman, Robert McIntyre, called the regular meeting to order at 7:30 p.m.

II.     ROLL CALL

Members Present 
Robert McIntyre, Chairman
Janis Esty, Vice Chairman
Salvatore Aresco, Regular Member
Robert Missel, Regular Member
Donald Ranaudo, Regular Member
Marilyn Milliken, Alternate Member (arrived at 7:40 p.m.)
Kenneth Soudan, Alternate Member

Staff Present
Christine Nelson, Town Planner
Kathleen Noyes, Recording Clerk
        
III.    REGULAR BUSINESS

A.      Minutes

MOTION to approve the minutes of June 3, 2009 as written; MADE by S. Aresco; SECONDED by D. Ranaudo; VOTED IN FAVOR: R. McIntyre, J. Esty, S. Aresco, D. Ranaudo, R. Missel; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.

       B.      Correspondence

In their packets, members received a copy of a letter from Peter Palazzi, Supervising District Service Agent, Bureau of Highway Operations, State of CT, DOT to Donald Melander, P.E., Project Engineer F. A. Hesketh & Associates dated 5/28/09 re: Max’s Place, LLC and a copy of the presentation given by the CT Conference of Municipalities from 6/27/09 entitled “The Nuts and Bolts of FOIA, Public Meetings, and Ethics.”

C.      Committee, Representative & Staff Reports

C. Nelson said there will be a Public Hearing on the Incentive Housing Program on July 20, 2009.

IV.     OLD BUSINESS

V.      NEW BUSINESS

A.      “Decentralized Wastewater Management District” as a Municipal Improvement
Referring Agency: Board of Selectmen & WPCA ;Agent: John E. Wertam, Esq.
                
In their packets, members received a memo from Michael Pace dated 6/19/09 requesting a review of the proposed “Decentralized Wastewater Management District” as a Municipal Improvement. Also, included in members’ packets was a copy of a letter dated 6/4/09 to Betsey Wingfield, Chief of the Bureau of Water Protection and Land Reuse for the DEP re: the review of the DEP Environmental Impact Evaluation and the Establishment of a Decentralized Wastewater Management District with an attachment of the Water Resources section of the Plan of Conservation and Development, and a copy of a report dated 6/10/09 to C. Nelson, Town Planner from Robbie Marshall, WPCA Information Specialist.

Attorney Wertam submitted a proposed motion for a favorable report for the proposed Decentralized Wastewater Management District along with copies of the power point presentation which gives details about the history and implementation of the plan, and how the WWMD is consistent with many of the goals and policies in the Town’s Plan of Conservation and Development.

Attorney Wertam explained the information presented in the packet he had submitted to Commission members. He also explained that the state has mandated that Old Saybrook take action to correct the water pollution problem that exists, and that the DEP may likely impose a sewer treatment plant if this idea is not approved. The DEP has approved this program and it will satisfy the court stipulated judgment if it is implemented.

Commission members asked and discussed with Attorney Wertam the public’s reaction and response to the information presented at the public information sessions. Attorney Wertam said that the overall response has been very positive.

K. Soudan asked about the costs involved in program implementation and maintenance both for the individual homeowner and for the town, and Attorney Wertam explained this in more detail.

R. McIntyre said he felt the WPCA has done an outstanding job of preparing and presenting information to the public about this issue.

A member of the public asked to speak, but was told this was not a Public Hearing.

MOTION to approve and issue a favorable report for the proposed “Decentralized Wastewater Management District” as a Municipal Improvement; Referring Agency: Board of Selectmen & WPCA; Agent: John E. Wertam, Esquire, pursuant to CT General Statute Sec. 8-24, in that it is consistent with the Town’s Plan of Conservation and Development, especially the goals and policies of the Wastewater Management section including, but not limited to: Goals: Resolution of perceived water pollution problems in a manner that has the least adverse impact on unique natural resources, especially the CT River and Long Island Sound. Assurance that any solutions to water pollution problems address existing development and will not encourage future development that is inappropriate and inconsistent with Old Saybrook’s small town character. Policies: To continue implementation and strengthen an aggressive sewer avoidance program, as the principal method of meeting sewage disposal requirements of the Town, to assure those areas not currently experiencing pollution from inadequate sewage disposal will not become future problem areas. MADE by S. Aresco; SECONDED by D. Ranaudo; VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, S. Aresco, R. Missel; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.

        B.      “Incentive Housing Zone” Zoning Regulation Amendment
Petition to Adopt new Section 54 Incentive Housing IH Zone  and amend Section 9 Definitions to add definitions of: Commission, Developable land, Underlying district, Diverse uses, Duplex, Multi-family dwelling, Single-family dwelling, Two-family dwelling, Townhouse dwelling, Incentive housing development, Mixed use development and will.
Petitioner: Old Saybrook Zoning Commission  

In their packets, Commission members received a memo from the Zoning Commission dated 6/18/09 with the following attached: Section 9 (Definitions) and Section 54 (Incentive Housing Zone).

C. Nelson explained that this is the creation of the tool by which developers can apply for development. It’s a proposed Zoning Regulation that creates an overlay district. She explained the differences between a zone, a subzone and a district.

S. Aresco discussed the calculations he had done based on the square mileage of Old Saybrook, the acreage, lot size and the proposed figures of this proposed amendment that “the total area of any IHZ will not exceed 10% of the total land area of the town, and that the aggregate of all IHZs will not exceed 25% of the total land area of the town.” He spoke of his concerns that with the current proposed figures, there could be a potential for a high density of housing, therefore, he suggested that the proposed numbers should be decreased .

Commission members discussed this and they agreed that they would like to see the proposed numbers decreased.

MOTION to recommend approval of “Incentive Housing Zone” Zoning Regulation Amendment; Petition to adopt new Section 54 Incentive Housing IH Zone and amend Section 9 Definitions to add definitions of: Commission, Developable land, Underlying district, Diverse uses, Duplex, Multi-family dwelling, Single-family dwelling, Two-family dwelling, Townhouse dwelling, Incentive housing development, Mixed-use development  and will. Petitioner: Old Saybrook  Zoning Commission as it is consistent with the Plan of Conservation and Development with the recommendation to modify the proposed text to read as follows, “The total area of any IHZ will not exceed 2% of the total land area of the town; the aggregate of all IHZs will not exceed 5% of the total land area of the town.”; MADE by S. Aresco; SECONDED by J. Esty; VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, S. Aresco, R. Missel; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.

C.      “Incentive Housing Zone” Zoning Map Amendment
Petition to Amend Zoning Map to adopt the Ferry Point Incentive Housing Overlay Zone, 108 acres total (23.9 acres developable) overlaying portions of the Residence A, Marine Commercial MC, Shopping Center B-2 Zone and Industrial I-1 Zones.
Petitioner: Old Saybrook Zoning Commission  

In their packets, Commission members received a memo from the Zoning Commission with Attachment 3: Zoning Map with Ferry Point IHZ.

C. Nelson explained that this is a mixed use district with both residential and marine commercial use. She discussed the subzone and the overlay zone and what they allow.

B. McIntyre was concerned about the possibility of the zoning map amendment adversely affecting the vitality of the boat marinas. He wanted to be sure that the boat marinas in that area could continue to operate their businesses successfully, and that they would have use of the land they would need to keep their businesses viable.
MOTION to recommend approval of “Incentive Housing Zone” Zoning Map Amendment; Petition to amend Zoning Map to adopt the Ferry Point Incentive Housing Overlay Zone, 108 acres total (23.9 acres developable) overlaying portions of the Residence A, Marine Commercial MC, Shopping Center B-2 Zone and Industrial I-1 Zones. Petitioner: Old Saybrook Zoning Commission as it is consistent with the Plan of Conservation and Development with the recommendation that the Zoning Commission change the Residence A district to Marine Commercial, which would 1. support the adjacent Marine Commercial uses that are vital to the neighborhood without 2. making the existing single family residences non-conforming.; MADE by R. McIntyre; SECONDED by D. Ranaudo; VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, S. Aresco, R. Missel; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.

D.      “Town-Wide Design Standards” Zoning Regulation Amendment
Petition to amend  Section 3 Certificate of Zoning Compliance and Section 7 Area, Location & Bulk Standards; remove Section 8 Additional Standards; amend ARTICLE VI Town-wide Design Standards, including Section 61 Performance Standards, Section 62 Access, Circulation, Parking & Loading, Section 63 Landscaping, Screening & Buffering. Section 51.6.4B2e Landscaping has been modified to incorporate amended, relocated text from former Section 63.8 Landscape Plan and a new 51.5.11 Design Standards.
Petitioner: Old Saybrook Zoning Commission  

In their packets, Commission members received a memo dated 6/18/09 from the Zoning Commission with the following attached: Section 51 Site Plan, Section 3 Certificate of Zoning Compliance and Article VI Town-wide Design Standards.

C. Nelson explained that the statute enabling the town to adopt the Incentive Housing Zones requires that the town adopt design standards. Thus a section has been added to the Zoning Regulations on neighborhood and building design. She explained the many reasons why this is beneficial to the public, to builders and architects, and to the town’s boards and commissions.
MOTION to send a favorable recommendation to the Zoning Commission for “Town-wide Design Standards” Zoning Regulation Amendment; Petition to amend Section 3 Certificate of Zoning Compliance and Section 7 Area, Location & Bulk Standards; remove Section 8 Additional Standards;  amend Article VI Town-wide Design Standards, including Section 61 Performance Standards, Section 62 Access, Circulation, Parking & Loading, Section 63 Landscaping, Screening & Buffering. Section 51.6.4B2e  Landscaping has been modified to incorporate amended, relocated text from former Section 63.8 Landscape Plan and a new 51.5.11 Design Standards; Petitioner: Old Saybrook  Zoning  Commission, in that it is consistent with the Plan of Conservation and Development.; MADE by R. McIntyre; SECONDED by S. Aresco; VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, S. Aresco, R. Missel; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.

VI.     ADJOURNMENT
        
MOTION to adjourn the meeting at 9:55 p.m. until the Next Regularly Scheduled Meeting of the Planning Commission scheduled for, Wednesday, July 15, 2009 in the 1st Floor Conference Room, Town Hall, 302 Main Street.; MADE by R. McIntyre; SECONDED by S. Aresco; VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, S. Aresco, R. Missel; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.

Respectfully Submitted,


Kathleen Noyes