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Planning Commission Minutes 01/07/2015
REGULAR MEETING MINUTES
Wednesday, January 7, 2015 at 7:00 p.m.
Town Hall, 2nd Floor Conference Room
302 Main Street, Old Saybrook

I.      CALL TO ORDER

The Chairman Janis Esty called the meeting to order at 7:04 p.m.

II.     ROLL CALL
        
Present: Janis Esty, Cathryn Flanagan, Daniel Walden, Kathleen Sugland, Kenneth Soudan, Michael Urban seated for David Shearer, Kenneth Soudan seated for Robert Missel
Absent: Robert Missel, David Shearer
Staff: Town Planner Christine Nelson, First Selectman Carl Fortuna, Recording Clerk
Meryl Tsagronis

III.    REGULAR BUSINESS

A.      Minutes

MOTION to approve the Minutes of December 3, 2014 as amended on page 2, in the last paragraph prior to the Motion, that Michael Urban stated that two points were consistent with the Town Plan of Conservation and Development and two points were not consistent; MADE by M. Urban; SECONDED by C. Flanagan; VOTED IN FAVOR: J. Esty, M. Urban, C. Flanagan, D. Walden; OPPOSED: None; ABSTAINED: K. Soudan; APPROVED: 4-0-1.

Mr. Walden arrived at 7:06pm.

B.      Election of Officers

MOTION to elect Janis Esty as chair of the Planning Commission; MADE by C. Flanagan; SECONDED by K. Soudan; VOTED IN FAVOR: J. Esty, M. Urban, C. Flanagan, D. Walden, K. Soudan; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.


MOTION to elect Robert Missel as vice chair of the Planning Commission; MADE by J. Esty; SECONDED by C. Flanagan; VOTED IN FAVOR: J. Esty, M. Urban, C. Flanagan, D. Walden, K. Soudan; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.

MOTION to elect Catherine Flanagan as secretary of the Planning Commission; MADE by J. Esty; SECONDED by D. Walden; VOTED IN FAVOR: J. Esty, M. Urban, C. Flanagan, D. Walden, K. Soudan; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.


C.      Correspondence

MOTION to amend the agenda to add under E. New Referrals, "Petition to Amend the Old Saybrook Zoning Regulations Section 11, to Prohibit Bulk Propane & Fuel Storage, Petitioner: Old Saybrook Zoning Commission; MADE by J. Esty; SECONDED by C. Flanagan; VOTED IN FAVOR: J. Esty, M. Urban, C. Flanagan, D. Walden, K. Soudan; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.

MOTION to pay invoice #37037 for $888.00 to Branse & Willis, LLC. dated 0112/03/2014; MADE by M. Urban; SECONDED by D. Walden; VOTED IN FAVOR J. Esty, M. Urban, C. Flanagan, D. Walden, K. Soudan;  OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0

MOTION to pay invoice #37199 for $425.50 to Branse & Willis, LLC. dated 01/05/2015; MADE by C. Flanagan; SECONDED by K. Soudan; VOTED IN FAVOR J. Esty, M. Urban, C. Flanagan, D. Walden, K. Soudan;  OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.

MOTION to pay invoice #37200 for $1,202.50 to Branse & Willis, LLC. dated 01/05/2015; MADE by C. Flanagan; SECONDED by M. Urban; VOTED IN FAVOR J. Esty, M. Urban, C. Flanagan, D. Walden, K. Soudan;  OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.

D.      Committee, Representative & Staff Reports

Town Planner Christine Nelson gave an update on the progress of the layout of the Town Plan, which she is working on with M. Urban and C. Flanagan.

IV.     REFERRAL


A.       The PreserveMunicipal Improvement Sell Land (1.90 ac)
185 Bokum Road (Map 61 / Lot 17) Residence AAA District
Petitioner: Town of Old Saybrook, contract purchaser     Agent: C. Fortuna, 1st Selectman

First Selectman Carl Fortuna explained that with the acquisition of The Preserve the Town will acquire a 1.9 acre lot with house. To the west and south of this piece of land will be a larger parcel, approximately 28 acres, that is part of the Preserve, though separated from the larger Preserve piece by rail road tracks. The Town, once it acquires the 1.9 acres, would create and maintain a right of way along the northerly boundary of the property that will abut the 28 acre piece, thus leaving the Town access to the rear 28 acre piece in perpetuity. C. Fortuna is seeking approval to sell the house at 185 Bokum Road.

MOTION to approve "The Preserve" Municipal Improvement as it is not inconsistent with the Town Plan of Conservation and Development; MADE by C. Flanagan; SECONDED by K. Soudan; VOTED IN FAVOR:   J. Esty, M. Urban, C. Flanagan, D. Walden; K. Soudan; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.

MOTION to amend the agenda to move item C. "Old Saybrook Auto Barn" above item B. "Indigo Land Design"; MADE by J. Esty; SECONDED by C. Flanagan; VOTED IN FAVOR: J. Esty, M. Urban, C. Flanagan, D. Walden; K. Soudan; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.

C.      Old Saybrook Auto BarnSpecl Exception for Comml Use 11,270 gfa (1.33 ac) 300 & 342 Middlesex Tpke. (Map 52 / Lot 73-2 & 74), Gateway Business B-4 District
Applicant: Grandona 2, LLC                              Agent: Joseph Wren, PE

Joe Wren, professional Engineer, representing Grandona 2, explained that the Applicant proposes minor renovations to the existing building. The front portion will remain a showroom for the sale of used vehicles. A small area on the north side of the building will be used for one or two offices. The rear of the building will be used as a processing facility by Salemme Pepper. Grossman is an adjacent property owner. The Applicant proposes planting 1 tree per 40 ft., for a total of 5 street trees. Five interior trees have been added to the site plan. Waivers are being sought for perimeter landscaping along the north and south property lines.  The Applicant requests:
        •     a waiver for sidewalk requirement
        •     a waiver of evergreen trees
        •     a waiver for the perimeter landscaping buffer

Members discussed the proposal and agreed that sidewalks are both desirable and advantageous; and while they do not object to not having the evergreen side perimeter buffer, they would like to see a softer, lower buffer of shrubbery.

MOTION to send a favorable recommendation to the Zoning Commission of Old Saybrook Auto BarnSpecl Exception for Comml Use 11,270 gfa (1.33 ac)
300 & 342 Middlesex Tpke. (Map 52 / Lot 73-2 & 74), Gateway Business B-4 District with the caveat that it is preferred to have a sidewalk in the front that faces Middlesex Turnpike; to have low shrubbery on the south perimeter (between the 3 trees and the paved area) and that the Commission views it as not feasible to have the evergreen trees on the north side going down the right of way, and that if feasible to put shrubs in the north west corner between property 350 and 300 Middlesex Turnpike; MADE by J. Esty; SECONDED by M. Urban; VOTED IN FAVOR:  J. Esty, M. Urban, C. Flanagan, D. Walden; K. Soudan; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.

B.      Indigo Land DesignSpecl Exception for Professional Offices 2,915 gfa (0.29 ac) 40 Elm Street (Map 36 / Map 109), Central Business B-1 District (Pedestrian Node
Applicant: Indigo Properties, LLC                     Agent: Joseph Wren, PE

Professional Engineer Joe Wren, representing himself as the Applicant, explained that he is requesting waivers of Zoning Regulations Sections 63.4.1(Buffer Width) and 63.4.2 (Required Landscaping for Buffers) at 40 Elm Street, a property purchased by Indigo Land Design. The existing site is developed and the existing paved access drive and parking lot defines the buffer width.  The landscaping will be significantly enhanced with three street trees, foundation planting and street/sidewalk planting and stone wall.

MOTION to send a favorable recommendation to the Zoning Commission of Indigo Land DesignSpecl Exception for Professional Offices 2,915 gfa (0.29 ac)
40 Elm Street (Map 36 / Map 109), Central Business B-1 District (Pedestrian Node) as it is not inconsistent with the Town Plan of Conservation and Development; MADE by M. Urban; SECONDED by D. Walden; VOTED IN FAVOR: J. Esty, M. Urban, C. Flanagan, D. Walden; K. Soudan; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.

D.      Revised SignsZoning Text Amendment
Street setback for freestanding sign, size of 2nd freestanding sign on corner lot, and allowance of 3rd wall sign per tenant with increase to exceed 100 s.f. on 1st wall
Petitioners: Maxs Place LLC & 75 Old Saybrook, LLC   Agent: David M. Royston, Esq.

David Royston, attorney for the Applicants, explained the proposed text changes. In B-1, the Applicants are asking for one additional freestanding sign per lot, restricted to lots with frontage on separate streets. The second sign will require a special exception. Both the first and second signs would have to be 100 feet apart and within 25 ft of the entrance that it serves.
In the B-2 and B-4 districts, a 2nd freestanding sign would also require a special exception.

D. Royston explained proposed text revisions in 63.3.3 regarding maximum area, which will close a loophole in the existing interpretation that the maximum sign size (100s.f.) could be applied to each tenant.

At 9:30 p.m. K. Sugland left the meeting.

Members discussed the proposed changes, questioning the impact on the proliferation of signs if the proposed text changes are approved.

C. Nelson expressed that this gives the Commission more control, that size is a range, and that there is a higher level of discretion.

MOTION to recommend approval of "Revised Signs Zoning Text Amendment" Street setback for freestanding sign, size of 2nd freestanding sign on corner lot, and allowance of 3rd wall sign per tenant with increase to exceed 100 s.f. on 1st wall, as revised to address concerns of visual pollution as it is consistent with goals and policies of the town Plan of Conservation and Development, particularly the more specific conditions under which bonus signs are permitted, the upper limits of the range of size allowed, and the separation in location; MADE by J. Esty; SECONDED by D. Walden; VOTED IN FAVOR:   J. Esty, M. Urban, D. Walden; K. Soudan; OPPOSED: None; ABSTAINED: C. Flanagan; APPROVED: 4-0-1.

MOTION to amend the agenda to defer to the regular meeting of the Planning Commission on February 4, 2015 "Petition to Amend the Old Saybrook Zoning Regulations Section 11, to Prohibit Bulk Propane & Fuel Storage, Petitioner: Old Saybrook Zoning Commission;" MADE by J. Esty; SECONDED by C. Flanagan; VOTED IN FAVOR: J. Esty, M. Urban, C. Flanagan, D. Walden; K. Soudan; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.

V.      ADJOURNMENT
MOTION to adjourn the meeting at 10:20 p.m. until the next regularly scheduled meeting of the Planning Commission on January 21, 2015, at 7:00 p.m., 302 Main Street, Town Hall, 1st Floor Conference Room; MADE by C. Flanagan; SECONDED by  D. Walden; VOTED IN FAVOR: J. Esty, C. Flanagan, M. Urban, D. Walden, K. Soudan;  OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0.


Respectfully submitted,


Meryl Tsagronis
Recording Clerk