TOWN OF OLD SAYBROOK
Zoning Commission
302 Main Street Old Saybrook, Connecticut 06475-1741
Telephone (860) 395-3131 FAX (860) 395-1216
MINUTES
REGULAR MEETING
Monday, April 3, 2006 at 7:30 p.m.
Pasbeshauke Pavillion at Saybrook Point Park
155 College Street Extension
I CALL TO ORDER
Chairman Fish called the meeting to order at 7:30 p.m.
II ROLL CALL
Attendant Members Absent Members
Madeleine Fish, Chairman C. Sohl, Alternate Member
Robert Friedmann, Vice Chairman
Walter Harris, Secretary
Elizabeth Steffen, Regular Member
Geraldine Lewis, Alternate Member
Kathy Edgar, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Mark Branse, Consulting Legal Council
Maura Farbotka, Recording Clerk
III EXECUTIVE SESSION TO DISCUSS LITIGATION
MOTION to open Executive Session to discuss litigation; MADE by M. Fish; SECONDED: by E. Steffen’ VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, E. Steffen; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0. Executive Session opened at 7:31 p.m.
Regular Member, P. Stuart arrived @ 7:33 p.m.
MOTION to close Executive Session 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. Executive Session closed at 8:02 p.m.
Old Saybrook Zoning Commission Meeting Minutes April 3, 2006
No decisions were made, and no votes taken during Executive Session.
IV MINUTES
MOTION to approve the March 20, 2006 minutes as submitted MADE by E. Steffen; SECONDED by M. Fish; 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
V. DISCUSSION
A Savory Restaurant - outside services; 254 Main Street, Map 37/Lot 133, B-1 District
E. Steffen to recuse herself. Alternate Member K. Edgar will be seated. Applicant Patsy Berglin, the owner of the Savory Restaurant was present. She is requesting outdoor seating which consists of 2 tables with 2 chairs each. This will not be a full service restaurant. R. Friedmann asked how much seating will be available indoors; noting per section 8.3, the outdoor seating cannot exceed 25% of the indoor seating. In order for the two table/four chairs to be placed outdoors, there must be seating for at least twelve indoors. The applicant stated construction is still in progress, and she does not know if she can fit 12 seats indoors. A possibility would be counter seating in addition to some tables.
It was suggested that the applicant provides its own trash receptacle.
MOTION to approve the outside service to Savory Restaurant, 254 Main Street, Map 37/Lot 133, B-1 District on the condition that outside seating constitutes no less than 25% of all seating, not to exceed 4 chairs, and that the tables and chairs outside be located on the Savory side of the property line within five feet of the front of the building. MADE by R. Freidmann: SECONDED: by W. Harris; No discussion on the motion. VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, P. Stuart, K. Edgar; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
E. Steffen was reseated and. K. Edgar stepped down.
VI CORRESPONDENCE
None
VII NEW BUSINESS:
A DISCUSSION: Saybrook Commons (cont’d) – Proposed changes as an agreed-upon Modification of the Stipulated Judgment…Request of Lewis K. Wise, Rogin, Nassau,
Old Saybrook Zoning Commission Meeting Minutes April 3, 2006
Attorneys at Law.
Lewis Wise, Attorney for the owner of the property, Stuart Fairbanks, project engineer from MacDonald/Sharpe Associates, and Kevin Daley, potential buyer and developer of the property were present.
Atty. Wise gave a summary of the status of plans to date for Saybrook Commons. He is looking tonight for approval from the zoning commission on the changes made to date. If not approved he stated there were only two options; 1. File for a new application, or 2. Return to the original plans with the only changes made to bring the plans up to current fire and safety codes.
Stuart Fairbanks gave a review of the changes/differences from the old to new plans, as previously discussed at the Zoning Commission meeting on March 20, 2006.
It was noted by Atty Wise and Stuart Fairbanks that an easement was granted from Burger King to allow emergency access. There was no document provided. This easement raised questions from the commission as to the number of parking spaces being removed from Burger King, and if this would affect their compliance with zoning regulations.
Kevin Daley answered numerous questions from the commission. The recent March 27, 2006 Architectural Review Board Meeting was reviewed. The commission discussed the many recommendations made by the ARB, (see March 27, 2006 ARB minutes). The recommendations included boundaries, fencing for privacy, improvement of design of garages, landscaping and an improved entranceway.
Kevin Daley spoke describing changes/additions to the plans specifically the garages (doors, roof line changes), added landscaping, with possibly granite benches, and an improved entranceway with columns.
Mr. Daley noted there are strict guidelines for tenants with outdoor possessions, and all window treatments are the same. There is no visible mechanics (air conditioning) on the side or on the roof of the building.
P. Stuart raised question of viewing of new site elevation drawings to include changes Mr. Daley spoke of. Robert Friedmann discussed adding an additional four affordable housing units. Mr. Daley said that the decision to add more affordable housing units would be up to the owner, David Mack. Mr. Daley did add that he himself would be against adding further units. Mr. Daley was hesitant in providing new site plans until he knew the Zoning Commission was at this point in favor of accepting the modifications made on the plan to date.
Matt Rubin, owner of the Old Saybrook Shopping Center spoke, wanting to clarity possible emergency access through the shopping center, based on a comment made at the 3/20/06zoning commission meeting. He stated access through the shopping center is not possible for many reasons. The area in question consists of Walmart employee parking, a concrete retaining wall, and heavy vegetation. In the winter, Mr. Rubin pointed out due to snow removal, snow banks would cause an additional barrier to emergency access.
Jean Castagno, of 75 Fenwood Drive raised several questions on the plans including occupancy numbers, number of vehicles allowed and traffic concerns.
Old Saybrook Zoning Commission Meeting Minutes April 3, 2006
Per the site plan, there would be adequate parking spaces and garages to accommodate residents.
Atty Wise and Mr. Daley both stated they have gotten a favorable response from the Fire Marshall. There was no written documentation provided.
Chairman M. Fish opened discussion /opinion from the commission.
K. Edgar liked the new plans, and was in favor of accepting the changes. R. Friedmann noted favorable changes, but feels town could get more affordable housing with new application. W. Harris noted improvements, but would vote against at this time. E. Steffen would like reports/comments from Fire Marshall and Police. M. Fish, G. Lewis, and all not ready to make decision. All noted improvements, but would like 4 additional affordable units added to this plan.
MOTION to accept the modifications of the apartment buildings, not the garages. Commission would stipulate the Emergency access be approved by local authorities and accompanied with a written easement for the property; the addition of 4 more affordable housing units; the design of the garages be submitted in accordance with the verbal statements of the applicants this evening, and subject to the approval of the commission. That the Zoning Enforcement Officer receives a completely updated site plan for the property. Subject to submission of an illustrative lease and restrictions. (A model lease incorporating the statements Mr. Daley made this evening). In addition to the easement in writing from Burger King, verification that Burger King would still be in compliance with Zoning. MADE by M. Fish, SECONDED: by E. Steffen. No discussion on the motion. VOTING IN FAVOR: M. Fish, E. Steffen; OPPOSED: R. Friedmann, P. Stuart; ABSTAINING: W. Harris. 2-2-1. Motion failed to carry.
VII COMMITTEE REPORTS:
Sal’s Pizza is looking for one year extension on their special exception permit.
MOTION to approve a one year extension on Sal’s Pizza special exception permit MADE by E. Steffen; 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.
Outdoor seating permits were discussed for Pizza Palace, Pizza Works, and Dairy Queen; each to be handled administratively.
IX ADJOURNMENT:
The Chairman adjourned the meeting at 10:00 p.m.
Respectively submitted:
Maura Farbotka, Recording Clerk
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