MINUTES
Wednesday, December 2, 2009 at 7:30 p.m.
1st 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
Robert Missel, Regular Member
Donald Ranaudo, Regular Member
Cathryn Flanagan, Alternate Member (seated to vote)
Richard Sullivan, Alternate Member
Staff Present
Eric Knapp, Attorney
Christine Nelson, Town Planner
Kathleen Noyes, Recording Clerk
R. McIntyre welcomed new Alternate Members to the Planning Commission, Cathryn Flanagan and Richard Sullivan.
III. REGULAR BUSINESS
A. Minutes
MOTION to approve the minutes of November 4, 2009 as written; MADE by R. Missel; SECONDED by D. Ranaudo; VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, R. Missel; OPPOSED: none; ABSTAINED: C. Flanagan.; APPROVED: 4-0-1.
B. Correspondence
In their packets, members received statement # 23432 from Branse, Willis & Knapp dated 11/01/09 for $29.00. They also received a copy of an e-mail from Branse, Willis & Knapp dated 6/19/09 re: a CT supreme court case “Buttermilk Farms” and its impact on subdivision authority. Attorney Knapp discussed this case in further detail explaining exactly how it affects Planning Commission authority in terms of imposing off site recommends on a subdivision.
MOTION to pay statement # 23432 dated 11/1/09 from Branse, Willis & Knapp for $29.00.; MADE by R. McIntyre; SECONDED by R. Missel; VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, R. Missel, C. Flanagan; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.
C. Committee, Representative & Staff Reports
R. McIntyre said he received a letter from Judy Gallicchio resigning from her position as Land Acquisition Representative from the Planning Commission. R. Missel has offered to replace her.
MOTION to appoint R. Missel to be the Planning Commission’s representative to the Land Acquisition Committee; MADE by R. McIntyre; SECONDED by D. Ranaudo; VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, R. Missel, C. Flanagan; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.
C. Nelson reported that she is working on reapplication for the Housing for Economic Growth Incentive Housing Zone. The town adopted the zone, with the town in partnership with HOPE, Inc. as the pending developer. The application for the state funding and approval was ignored. C. Nelson has been told that the town can reapply under Phase 1, and Phase 1 will be the site which is 45 Ferry Road. The town will submit approval for funding which can be up to $2,000.00 per unit with another possible $2,000.00 per unit after Certificate of Occupancy. There are 16 proposed units.
C. Nelson also reported that there are Land Use enforcement issues and lawsuits that C. Costa, ZEO, and Attorney Eric Knapp have been working on.
IV. OLD BUSINESS
V. NEW BUSINESS
A. Alteration of Scenic Ingham Hill Road – Removal of Portion of Stone Wall (100’+); 185 Ingham Hill Road (Map 51 / Lot 8A), Residence AA-1 District; Referring Agency: Board of Selectmen; Agent: David M. Royston, Esq.
In their packets, Commission members received a copy of a letter dated 11/13/09 sent via Certified Return Receipt Requested from the Planning Commission to Mr. and Mrs. Donald Carney re: violation of the Scenic Road Ordinance Chapter 169 of the Old Saybrook Town Code with attachments of the Interagency Memorandum from the Board of Selectmen dated 11/4/09 and the Chapter Scenic Road of the Old Saybrook Town Code. Also included in the packets were aerial photographs of the property at 185 Ingham Hill Road. Commission members also received a copy of a letter dated 11/25/09 from David M. Royston.
R. McIntyre opened the Public Hearing at 8:00 p.m.
C. Nelson explained to Commission members that in 2002 the town adopted a Scenic Road Ordinance to preserve the history and scenery of particular roads, one of which is Ingham Hill Road. Improvements along these roads need to be in keeping with the character, and qualities that define the road as “scenic” can be such things as narrow road width, tree canopy, stonewalls, views, etc.
C. Nelson said that the town received reports that a portion of the stonewall at 185 Ingham Hill Road had been removed. The Board of Selectmen has referred this matter to the Planning Commission under the auspices of what the Planning Commission would have suggested if this matter was brought to them before the work was done. It was noted that, at this time, although there is a Scenic Road Ordinance, there is nothing in the ordinance, which states what action, will be taken in the case of a violation.
Attorney Royston referred to his letter of 11/13/09 in which he stated that he is assisting the Carney’s through this process to remedy an innocent error on their part.
Mr. Donald Carney, Jr., was present, and he apologized to the Commission stating he was not aware that in removing a portion of the stonewall; he was violating a town ordinance. He said he was very willing to take action to remedy the situation.
Attorney Royston brought photos to show the wall before and after the southerly portion of the wall was removed. He explained that because of the drop in grade, you can’t really see the southerly end of the stonewall from Ingham Hill Road.
D. Carney explained that the wall was degraded, and he initially wanted to have the stonewall repaired and built up to 2’ tall and 18” wide, but after getting estimates from contractors, he realized this was cost prohibitive. D. Carney described how he removed a portion of the wall and distributed the stone as follows: approximately 80% of the stones were moved to enhance the new stone wall next to the driveway entrance, which was shown in Exhibit A from Attorney Royston, 15% of the stones were placed in the wooded area of the property, and the remaining 3 or 4% went to the contractor who asked if he could use it as filler stone.
C. Nelson talked about her discussion with Town Historian, Elaine Staplins, who stated that these types of stone walls were never suburban type “formal” stone walls, and that is why they appear degraded. Farmers of the area developed them years ago.
Commission members agreed that D. Carney’s actions were the result of an unfortunate incident, and that it is clear that the property owner was just trying to clean up his property not realizing he was violating an ordinance.
D. Ranaudo asked D. Carney what he thought he would to do to remedy the situation. D. Carney said he thought he would restore a portion of the stonewall and add plantings, but that he was open to suggestions from the Commission.
There was discussion about the stonewall and its function in terms of the boundary lines of the property as well as the right of way. Attorney Royston showed Commission members the 1968 plot plan for 185 Ingham Hill Road, and he discussed the dimensions of the travel portion of the road, which in parts are wide and irregular.
R. McIntyre asked if anyone else from the Public wished to speak, and as no one did, he closed the Public Hearing.
MOTION to recommend to the Board of Selectmen that Mr. Carney re-establish, with the existing rock on his property that he didn’t use to enhance his driveway, a 10 foot stone wall on the Southerly side of his driveway, and that the wall be in the same position and dimensions as the previous wall. This work will be accomplished by June 1, 2010 for Alteration of Scenic Ingham Hill Road – Removal of Stone Wall (100’+); 185 Ingham Hill Road (Map 51 / Lot 8A), Residence AA-1 District; Referring Agency: Board of Selectmen; Agent: David M. Royston, Esquire. MADE by R. McIntyre; SECONDED by D. Ranaudo; VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, R. Missel, C. Flanagan;
OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.
B. “Mike’s Deli” Special Exception & Coastal Site Plan for Restaurant Use (1,530 s.f.); 1522 Boston Post Road (Map 26 / Lot 28), Gateway Business B-4 District, Coastal Management Zone; Applicant: Nancy Engberg, Owner; Agent: David M. Royston, Esq.
In their packets, Commission members received a memorandum dated 11/16/09 from the Zoning Commission requesting the Planning Commission’s review of this matter with attached copies of applications and plans.
Attorney Royston presented for the applicant. Mike Fowler, proprietor, was also present.
Attorney Royston reviewed the site plans for the proposed addition. He explained that the proposal has already been reviewed by the IWWC and the ZBA. A Wetland Permit has been granted by the IWWC, and a variance has been granted from the ZBA for the setback. The ZBA raised concerns over parking, and the conflict with Boston Post Road. Atty. Royston said Robert Doane, Engineer, has addressed those concerns with a revised plan dated 11/11/09.
Attorney Royston also talked about dumpster relocation and curb reduction with the reconfigured parking plan, and this plan was submitted to the DOT who have accepted it and find it to be an improvement over the current parking situation.
Gigi’s Hair Salon, which is currently on the second floor of the building, will be moving out, and with the proposed plan, the second floor will be office space and restaurant storage.
Attorney Royston explained how the proposed plan fits into the Plan of Conservation and Development.
Commission members had concerns about safety, and wanted to recommend that a sidewalk be constructed in compliance with the town Sidewalk Plan.
Also, Commission members had many positive comments about the proposed addition, and they requested that if possible, the current building be enhanced to reflect the same architecture as the new addition.
MOTION to send a favorable recommendation to the Zoning Commission for ”Mike’s Deli” Special Exception & Coastal Site Plan for Restaurant Use (1,530 s.f.); 1522 Boston Post Road (Map 26 / Lot 28), Gateway Business B-4 District, Coastal Management Zone; Applicant: Nancy Engberg, Owner; Agent: David M. Royston, Esquire, in that it is consistent with the Plan of Conservation and Development particularly the section on Town Image, under policy, “Encourage quality design of commercial, industrial, and municipal development sites with special regard for landscape and other site amenities, traffic safety and convenience, and functional and visual linkages with adjacent areas.”, and the section on Economic Development, under policy, “To encourage
development of commercial and industrial sites that is consistent with Old Saybrook’s small-town character with respect to scale, appearance, and design and with special regard for landscape and other site amenities, traffic safety and convenience, and functional and visual linkages with adjacent areas.” The Planning Commission would also like to recommend that the existing building be enhanced to reflect the same architecture as the new building. Also, the Planning Commission would strongly recommend that if at all possible, a sidewalk be added in compliance with the Sidewalk Plan. MADE by R. McIntyre; SECONDED by R. Missel; VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, R. Missel, C. Flanagan; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.
VI. ADJOURNMENT
MOTION to adjourn the meeting at 9:25 p.m. until the next Regularly Scheduled Meeting of the Planning Commission scheduled for, Wednesday, December 16, 2009 in the 1st Floor Conference Room, Town Hall, 302 Main Street.; MADE by R. McIntyre; SECONDED by C. Flanagan; VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, R. Missel, C. Flanagan; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.
Respectfully Submitted,
Kathleen Noyes
| 
