TOWN OF OLD SAYBROOK
Zoning Commission
MINUTES
Monday, March 20, 2006 at 7:30 p.m.
I CALL TO ORDER
Chairman Fish called the meeting to order at 7:30 p.m.
II ROLL CALL
Attendant Members
Madeleine Fish, Chairman
Robert Friedmann, Vice Chairman
Walter Harris, Secretary
Paula Stuart, Regular Member
Geraldine Lewis, Alternante Member
Charles Sohl, Alternate Member
Kathy Edgar, Alternate Member
Attendant Staff
Christina Costa, Enforcement Officer
Eric Knapp, Legal Council
Maura Farbotka, Recording Clerk
III MINUTES:
MOTION to approve the March 6, 2006 minutes as submitted MADE by W.Harris; SECONDED by E. Steffen; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, E. Steffen; OPPOSED: none; ABSTAINING: P. Stuart; APPROVED: 4-0-1
IV CORRESPONDENCE
MOTION to approve payment of invoices # 11880, #11874, #11873, and 11877 from Branse and Willis, LLC., for a total of $2842.00 MADE by E.Steffen; SECONDED: by W. Harris; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, P. Stuart, E. Steffen; AGAINST: none; ABSTAINING: none; APPROVED: 5-0-0.
V COASTAL SITE PLAN REVIEW: garage, 165 Old Post Road, Map 27/Lot 92, A District
Applicant: Robert Bubello
Applicant Robert Bubello was present. Applicant would like to build a 24 foot high garage on his property. There will be no septic, but plumbing to wash vehicles only. Chris Costa stated that the proposal is well within setbacks, and there are no wetlands on property. It was noted by Robert Friedmann that the applicant will need a permit from the Selectman’s office to move the driveway.
Page 2
Old Saybrook Zoning Commission Meeting Minutes March 20, 2006
MOTION to approve the Coastal Site Plan Review for a garage at 165 Old Post Road, Map 27/Lot 92, District A; Applicant Robert Bubello; That the project be approved as submitted because it si consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impact. MADE by E. Steffen; SECONDED: by R. Friedmann; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI PUBLIC HEARINGS
A MODIFICATION TO APPLICATION FOR SPECIAL EXCEPTION USE (#02-193) FOUR SEASONS- Removal of walking track and gardens; 1700 Boston Post Road, Map 25/Lot 1, A District, CZC# 06-014
Applicant: Summit Saybrook, LLC
Chairman Fish will step down, and Robert Friedmann will Chair this Public Hearing.
Geraldine Lewis will sit/vote for Commissioner Fish.
Mr. Jerry Bernads, the attorney representing Summit Residential, Mr. Leo Kent, President of Four Seasons Homeowners Association, and several Four Season property owners were present. Attorney Bernads stated he was there for two specific reasons. He stated that the Homeowner’s Association has requested Summit Residential to refrain from building the proposed walking track and gardens. They do not want the walking track because of its close proximity to the homes, and this now raises concerns to the homeowner regarding privacy and security. The second issue raised concerned the Four Seasons bond release. He stated that the Wetlands Planner, Richard Snarski would begin in the spring the completion of planting of trees and other landscaping, and to complete the repair and planting of
bio-basins.
Chris Costa explained there have been a number of problems on site including drainage, and plantings missing. Per a letter from Damon Hearne, dated 3/13/06, he sees no problem in the reduction of pathways and gardening on the site, however, because of the pending issues on landscaping, he does not recommend release of the bond until these issues have been resolved. Robert Friedmann advised the applicant that even after all landscaping and drainage issues have been completed, the zoning commission will consider second year growth as is customary. Mr. Leo Kent spoke for the Homeowner’s Association. He provided the commission with photographs indicating the close proximity of the walking track to the homes, with some areas being less than 20 feet away from the track. He also stated that
the association did not want the proposed garden areas or fencing on the property. Mr. Kent stated that all 16 homeowners were unanimous in these changes. E. Steffen noted a discrepancy in placement of the gazebo, and of several birdfeeders located too close to the wetlands. Chris Costa indicated that this request from the homeowner’s association was recently denied by the Planning Commission. Mr. Kent stated an objection that the association was not able to speak at the Planning Commission Meeting, and Ms. Costa explained that it was not a public forum. Mr. Ray Monahan, Mr. Andy Sorano, and Mr. Sal Perrucchio all spoke as owners of Four Seasons. They all reiterated Mr. Kent’s views. Paula Stuart noted to consider only the removal of the walking path and gardens, not to consider the other issues that the homeowner’s have pending.
Page 3
Old Saybrook Zoning Commision Meeting Minutes March 20, 2006
MOTION to close Public Hearing MADE by G. Lewis; SECONDED: by E. Steffen; VOTING IN FAVOR:
R. Friedmann, W. Harris, P. Stuart, E. Steffen, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
R. Friedmann stated he concurred with the homeowner’s request, that he does not see removal of the walking path as having any negative impact. He felt it was a reasonable request. With regard to the garden, he felt the pre-determined area of lawn should remain available for garden use. R. Friedmann stated the commission will not release any portion of the bond pending resolution of the numerous landscaping issues.
Attorney Eric Knapp stated the commission could entertain 2 separate motions with regard to the walking path and the garden.
MOTION to approve that portion of MODIFICATION TO APPLICATION FOR SPECIAL EXCEPTION USE (#02-193) FOUR SEASONS that locations will remain as dedicated for gardens, not requiring installation of the fence. And that any gardens installed in the future should be located there. MADE by E. Steffen; SECONDED: by P. Stuart. No discussion on the motion. VOTING IN FAVOR: R. Friedmann, W. Harris, P. Stuart, E. Steffen, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to approve removal of the walking path; MODIFICATION TO APPLICATION FOR SPECIAL EXCEPTION USE for Summit Saybrook, LLC; 1700 Boston Post Road, Map 25/Lot 1, A District, CZC # 06-014. MADE by P. Stuart; SECONDED: by G. Lewis; No discussion on the motion. VOTING IN FAVOR: R. Friedmann, P. Stuart, G. Lewis; OPPOSED: W. Harris, E. Steffen; ABSTAINING: none; DENIED: 3-2-0.*
(Supermajority vote needed).
R. Friedmann stepped down, Chairman Fish was reseated. G. Lewis stepped down from voting.
B OLDSAYBROOK ZONING COMMISSION: PROPOSED AMENDMENTS TO THE AUTOMOTIVE USES AND TWO-FAMILY DWELLING SECTIONS OF THE ZONING REGULATIONS- SECTIONS 53 AND 52.
Purpose: to transfer Special Exception reviews from the Zoning Board of Appeals to the Zoning Commission.
Enforcement Officer Costa stated request from the Zoning Commission to remove the Special Exception power from the Zoning Board of Appeals back to the Zoning Commission. Recently there was a bill passed that now the Zoning Commission reviews automotive certificates of location. The text includes a transfer of the Conversion of Dwelling and Automotive Uses to the Zoning Commission. Favorable comments were reported from the Ct. River Estuary, and the Planning Commission. In a letter dated 2/28/06, Don Lucas, Town Building Official offered several comments with regard to correcting some language in the Text change; (cross referencing Child Care/School facility location, and others). Attorney Knapp indicated the Zoning Commission would have to re-advertise in order to make this change. He
suggested if the Commission was in agreement, it could move forward and adopt the text as it stands, and he will get back to us with revised language. Chris Costa indicated we can add this change when we adopt the Gateway Standards.
Chairman Fish opened the hearing to the public. No comments.
Page 4
Old Saybrook Zoning Commission Meeting Minutes March 20, 2006
MOTION to close Public Hearing MADE by E. Steffen; SECONDED by W. Harris; no discussion on the motion. VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, P. Stuart, E. Steffen; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to approve the PROPOSED AMENDMENTS TO THE AUTOMOTIVE USES AND TWO-FAMILY DWELLING SECTIONS OF THE ZONING REGUALTIONS- SECTION 53 AND 52. MADE by R. Friedmann; SECONDED: by W. Harris; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, P. Stuart, E. Steffen; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
C “COLLEGE POINT” PETITION TO AMEND THA ZONING REGULATIONS, SECTION 7.2.1, Minimum Area of Build able Land
Petitioner: College Point, LLC Agent: Attorney David Royston
Attorney Royston states the petitioner is looking to amend Section 7.2.1 regarding Minimal Area of Build able Land ( MABL) to permit the inclusion of some land delineated as “Special Flood Hazard Area” within the required minimum contiguous area of MABL, subject to specific conditions and limitations. The property is located on College Street in A District, it is just over 2 acres, and it lies entirely within the Flood Hazard Zone A8, which could be built on and developed, but which under the existing MABL, cannot be divided or subdivided.
A report from the CT. DEP Office of the Long Island Sound Programs, recommends rejection of this proposed amendment, based on numerous policies, mentioned in their March 16, 2006 letter to Chris Costa. Town Building Officer, Don Lucas, also made several points in a memo dated 2/27/06. In this memo he emphasized the difficulty of emergency vehicles (and regular traffic) reaching a number of properties during minimal flooding of the Town. At the meeting of the Planning Commission held on March 1, 2006, the Commission recommended against the Petition. All these unfavorable reports were pointed out by Attorney Royston. He stated that the current regulation, established in 1995 is flawed. He Stated there can still be construction on a flood zone. Single residence would have to
meet all federal and local requirements of flood regulations, including that the considered lots cannot have an elevation of less than 5.5 feet above mean sea level.
Stuart Fairbanks, an engineer with MacDonald/Sharpe Associated added testimony to the record. He stated the regulation was set up primarily for septic issues.
Chairman Fish opened the hearing to Commission members. Questions were asked with concern of septic issues. Chairman Fish opened the hearing to the public. Michael Rice, a resident of Lighthouse Lane, spoke for 5 homeowners who reside on the same street. He stated all municipal agencies are against subdivision. Mr. Rice submitted several documents to the Commission including flood maps, superior court decisions and FEMA regulations. Mr. B. O’Nell, and Old Saybrook resident, questioned how many areas of the town would be affected.
Alternate Member, Charles Sohl left the meeting at 9:41 p.m.
Attorney Royston stated that the ninety percent area excluded by MABL would remain the same, that this change in regulation would only affect only a small area of town.
Page 5
Old Saybrook Zoning Commission Meeting Minutes March 20, 2006
MOTION to close public hearing MADE: by E. Steffen; SECONDED: by R. Friedmann; no discussion on the motion. VOTING IN FAVOR: M. Fish, R. Friedmann, W.Harris, P. Stuart, E. Steffen; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Discussion: Chairman Fish stated she is still in favor of MABL; to let property to remain undivided. R. Friedmann stated that this plan, established in 1995 is still viable today. Chairman Fish, stated the Gateway Commission denied this petition.
MOTION to deny PETITION TO AMEND THE ZONING REGULATIONS, SECTION 7.2.1, Minimum Area of Buildable Land; Petitioner: College Point, LLC. Due to Comprehensive plan, zoning plan, and plan of Conservation and development in regard to continuity of MABL in our zoning regulations. MADE by R. Friedmann; SECONDED: by E. Steffen; no discussion on the motion. VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, P. Stuart, E. Steffen; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
MOTION to add item to the agenda, after public hearing C (Re: River Sound Development, LLC). MADE by M. Fish, SECONDED: by E. Steffen; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, P. Stuart, E. Steffen; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Attorney Royston, representing River Sound Development, LLC, requests and extension of the period for submission for an additional period of one year, due to a pending application before the Old Saybrook Inland Wetlands Commission. He stated an appeal is still pending with the Planning Commission on the approval of the Special Exception.
MOTION to approve the one year extension of the 3/23/06 approval date to 3/23/07 to the River Sound Development MADE: by M. Fish; SECONDED: by E. Steffen; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, P. Stuart, E. Steffen; OPPOSED: none; APPROVED: 5-0-0.
VII OLD BUSINESS:
A DELIBERATION: PETITION FOR PROPOSED TEXT AMENDMENTS TO THE ZONING REGULATIONS OF THE TOWN O FOLD SAYBROOK (Cont’d.)
“SETBACKS” –new Section 8.23 in Business Districts
New Definition, “Pedestrian Node”; Sections 31(B-1), 32(B-2), 33(B-3), & 34 (B-4) – make all used Special Exception used in Pedestrian Nodes.
Petitioner Max’s Place, LLC Agent: Attorney David Royston
Attorney Knapp answered several questions from commission members with regard to revised text.
MOTION to approve PETITION FOR PROPOSED TEXT AMENDMENTS TO THE ZONING REGULATIONS OF THE TOWN OF OLD SAYBROOK regarding “SETBACKS” – new Section 8.23 in Business Districts; New Definition “Pedestrian Node”; Sections 31(B-1), 32(B-2), 33(B-3), 34(B-4); with an effective date of April 10, 2006. MADE by R. Friedmann, SECONDED: by P. Stuart; No discussion on the motion. VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, P. Stuart, E. Steffen; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
Page 6
Old Saybrook Zoning Commission Meeting Minutes March 20, 2006
VIII NEW BUSINESS:
DISCUSSION: Saybrook Commons-Proposed changes as an agreed-upon modification of the Stipulated Judgment. Stuart Fairbanks, an engineer with MacDonald/Sharpe Associates, Attorney Lewis Wise (representing the owner), and Kevin Daley, contractor for the proposed property were all present. Mr. Fairbanks stated this project consists of 186 apartment units, with 25% being classified as affordable housing. The complex is now made up of 10 buildings, and a community building and garages. The units are for rent only. The DEP has given its approval for the septic/sewage. Parties now looking to come to an agreement; that the stipulated judgment can be modified with the agreement of both parties. Kevin Daley of Sage Management answered several questions from the commission. The
community building would consist of a health club, and conference area. Garages would be leased also. All would be 1 or 2 bedroom units. The one bedroom unit had a maximum of 2 people, and the 2 bedroom unit could have 3 people, 2 of the people must be related.
The building plans now consist of a more quality exterior (stucco, brick stone). New plans also include more landscaping. The Commission had numerous questions and comments with regard to the changes and plans. E. Steffen questioned installation of elevators. Concerns over emergency vehicle access was also discussed. Attorney Wise stated he hopes that discussion can continue to come up with an agreed upon modification of the stipulated agreement. Commission decided to continue until the next regularly scheduled meeting.
Request by Chairman Fish to recognize Charles Sohl and all his time and efforts at the Preserve Meetings.
IX COMMITTEE REPRESENTATIVE AND STAFF REPORTS
Gaslight Village. Landscaping requirements have been satisfied.
MOTION to accept landscaping plan as submitted by Attorney William Childress in his March 17, 2006 letter, and attached landscape plan, since it is in accordance with zoning regulations. MADE by R. Friedmann, SECONDED: by P. Stuart; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, P. Stuart, E. Steffen; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
Per Chris Costa, the Carter Foreclosure has gone through, and the new owner is to take possession in the next 20 days. Once Carter loses his possession, his lawsuit against the ZBA will be void. Commission discussed at length options open at this point. Attorney Knapp stated the judge could claim hardship on new owner, and not make the house come down, or reduce its size. Suggestion to consider having new owner pay our legal bills, and possibly reduce size.
C. Costa stated that in regard to Atlantic Seafood , there is no trailer on the property to be removed.
Discussion of return of several bonds, including Pond Road Associates, Buchanan Building, Mill Meadow Development, LLC, Braza, Steve Sheehan, and Walmart. Commission gave okay to Enforcement Officer to handle/return bonds.
C. Costa discussed several zoning issues that the commission agreed could be handled administratively (Walmart, new roof; Stark/Pathway, Farmer’s Market, Jack’s Harbor One. Several restaurants have filed their
Page 7
Old Saybrook Zoning Commission Meeting Minutes March 20, 2006
Request for “Outside Food and Beverage Service” including Cuckoos Nest, Café Tuscano, Main Street Tavern (in rear), Subway, Cloud 9, Terra Mar Grille, VFW, Dock ‘n Dine, Pennylane Pub, Johnny Ad’s and Paesanos. All given okay.
It was noted that Savory Restaurant should come to zoning for their request.
X ADJOURNMENT
The Chairman adjourned the meeting at 11:45 p.m.
Respectively submitted,
Maura Farbotka, Recording Clerk
| 
