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, February 6, 2006 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension
I. CALL TO ORDER
The Chairman called the meeting to order at 7:30 p.m.
II. ROLL CALL
Present Absent
Madeline Fish, Chairman Charles Sohl, Alternate
Bob Friedman, Vice Chairman Geraldine Lewis, Alternate
Walter Harris, Secretary
Paula Stuart, Regular Member
Elizabeth Steffen, Regular Member
Kathy Edgar, Alternate Member
Also Present
Christine Costa, Enforcement Officer
Maura Farbotka, Recording Clerk
Eric Knapp, Consulting Legal Counsel
III. ELECTION OF OFFICERS
MOTION to nominate Madeleine B. Fish as Chairman of Zoning Commission; MADE by E. Steffen; SECONDED by P. Stuart.
MOTION to cast one vote for the whole Commission; MADE by M. Fish; SECONDED by R. Friedmann; VOTING IN FAVOR: M. Fish, E. Steffen, R. Friedman, P. Stuart, W. Harris; AGAINST: none; ABSTAINING: none; APPROVED 5-0-0.
MOTION to nominate Robert C. Friedmann for Vice Chairman; MADE by M. Fish; SECONDED by E. Steffen.
MOTION to cast one vote for the whole Commission; MADE by M. Fish; SECONDED by E. Steffen; VOTING IN FAVOR: M. Fish, E. Steffen, R. Friedmann, P. Stuart, W. Harris; AGAINST: none; ABSTAINING: none; APPROVED 5-0-0.
MOTION to nominate Walter D. Harris as Secretary; MADE by E. Steffen; SECONDED by R. Friedmann.
MOTION to cast one vote for the whole Commission; MADE by E. Steffen; SECONDED by M. Fish; VOTING IN FAVOR: M. Fish, E. Steffen, R. Friedmann, P. Stuart, W. Harris; AGAINST: none; ABSTAINING: none; APPROVED 5-0-0.
VI. MINUTES
MOTION to approve the 11/7/05 minutes as submitted; MADE by E. Steffen; SECONDED by P. Stuart; VOTING IN FAVOR: M. Fish, E. Steffen, W. Harris, P. Stuart; AGAINST: none; ABSTAINING: R. Friedmann; APPROVED 5-0-1.
MOTION to approve 11/21/05 minutes as submitted; MADE by E. Steffen; SECONDED by R. Friedmann; VOTING IN FAVOR: M. Fish, E. Steffen, W. Harris, R. Friedmann; AGAINST: none; ABSTAINING: P. Stuart; APPROVED 4-0-1.
V. CORRESPONDENCE
The Chairman discussed correspondence regarding the Gateway Commission lawsuit in Chester, Ct, now being backed by Attorney General Blumenthal. She hopes that the Town adopts these standards for the Connecticut River in Old Saybrook.
The Town’s staff is organizing a fundraiser for Frank Jones, former member of the Inland Wetlands & Watercourses Commission for Saturday, 2/18/06 at the Peter Ryan Café in Westbrook, Ct.. Anyone wishing to purchase a ticket, or make a donation can do so through the Land Use Department or Public Works Department
MOTION to approve payment of invoices #10323, #1059_, #11124, and #11373 from Branse & Willis LLC for a total of $2,900.00; MADE by M. Fish; SECONDED by E. Steffen; VOTING IN FAVOR: M. Fish, E. Steffen, R. Friedmann, P. Stuart, W. Harris; AGAINST: none; ABSTAINING: none; APPROVED 5-0-0.
MOTION to pay invoices #10595, #10593, and #11125 totaling $116.00; MADE by M. Fish; SECONDED by P. Stuart; VOTING IN FAVOR: M. Fish, E. Steffen, R. Friedmann, P. Stuart, W. Harris; AGAINST: none; ABSTAINING: none; APPROVED 5-0-0.
MOTION to pay invoice #9972 from Nathan L. Jacobson & Associates totaling $50.33; MADE by E. Steffen; SECONDED by R. Friedmann; VOTING IN FAVOR: M. Fish, E. Steffen, R. Friedmann, P. Stuart, W. Harris; AGAINST: none; ABSTAINING: none; APPROVED 5-0-0.
MOTION to return bill from Planimetrics, invoice dated 11/7/05 for $400.00 to Christine Nelson to be paid by Planning Commission; MADE by E. Steffen; SECONDED by M. Fish; VOTING IN FAVOR: M. Fish, E. Steffen, B. Friedmann, P. Stuart, W. Harris; AGAINST: none; ABSTAINING: none; APPROVED 5-0-0.
The chairman noted that there was good attendance and a positive experience at the “Freedom of Information Act 101” workshop sponsored by the Land Use Department on Tuesday, Jan. 31, 2006.
VI. SIGN APPLICATIONS
A. “West Marine” Certificate of Zoning Compliance for Sign
1654 Boston Post Road (Map 26 / Lot 39) Gateway Business B-4 District
Applicant: Floral Realty Corp. Agent: David Heny
John Morrison, representing Floral Realty Corp., requested a change from the current Boat US signage to West Marine.
MOTION to approve the “West Marine” Certificate of Zoning Compliance for Sign to be incorporated into the existing pylon sign and the previously existing and non-conforming entrance signs; MADE by R. Friedmann; SECONDED by E. Steffen; VOTING IN FAVOR: M. Fish, E. Steffen, B. Friedmann, P. Stuart, W. Harris; AGAINST: none; ABSTAINING: none; APPROVED 5-0-0.
VII. RELEASE OF BONDS
A. “West Marine” Site Plan for Retail Use
1654 Boston Post Road (Map 26 / Lot 39) Gateway Business B-4 District
Petitioner: Primax Properties, LLC Agent: David Heny
John Morrison, representing Primax Properties, requested a release of bonds for $14,700 ($900 soil erosion/sediment control, $800 tracking pad, $11,000 landscaping, $2,000 repair/pave Ledge Road). The Commission concurred that it has outstanding concerns for work to be done to Ledge Road.
MOTION to return $12,700 to Primax Properties, LLC. retaining $2,000 for the repair/repave of Ledge Road; MADE by E. Steffen; SECONDED by W. Harris; VOTING IN FAVOR: M. Fish, E. Steffen, B. Friedmann, P. Stuart, W. Harris; AGAINST: none; ABSTAINING: none; APPROVED 5-0-0.
B. “Four Seasons” Special Exception for Planned Resid’l Dev. (CZC 02-193)
1700 Boston Post Road (Map 25 / Lot 1) Residence A District
Petitioner: Summit Residential LLC
The Enforcement Officer stated that the Petitioner is asking for a return of $21,750 of the original $29,000 bond ($25,000 landscaping, $4,000 soil erosion/sediment control) with $7,250 to remain. The Enforcement Officer explained that there is additional site work needed due to outstanding landscaping and drainage issues.
MOTION to deny the request by Summit Residential, LLC, for the release of bonds for $29,000 pending an amended site plan and inspection of the property. MADE by M. Fish; SECONDED by P. Stuart; VOTING IN FAVOR: M. Fish, E. Steffen, R. Friedmann, P. Stuart, W. Harris; AGAINST: none; ABSTAINING: none; APPROVED 5-0-0.
VIII. PUBLIC HEARINGS
A. “Liv’s Oyster Bar” Spec. Exc. for Restaurant Use & Coastal Site Plan
166 Main Street (Map 37 / Lot 128) Central Business B-1 District
Applicant: Liv’s Oyster Bar Agent: David M. Royston, Esq.
Attorney Royston presented the application as a change of occupancy from the original Special Exception. He noted that the Commission approved the full site plan previously in April 2005. Attorney Royston stated that Liv’s Oyster Bar is not a national chain. He discussed at length how the application meets all requirements needed to meet regulations with the proposed site plan, prepared by Point One Architects, based upon the approved site plan. The building contractor used an outdated plan when building parking lot.
The Commissions’ consulting civil engineer, Nathan L. Jacobson & Associates, prepared a bonding figure for the correction of the parking lot deficiencies, which is $19,000. The lease is contingent upon approval of restaurant use. It is noted that it is the responsibility of the landlord to make the improvements to the parking lot to conform to the correct site plan.
Sabrina Foulke from Point One Architects spoke clarifying numerous points concerning driveway entrances, handicap parking, employee parking, landscaping, seasonal outdoor seating, signage, and occupancy.
Mr. Friedmann noted that the manhole covers should be placed only in vehicular areas, not landscaped areas. Attorney Royston agreed.
It was agreed upon by all parties that the applicant would submit a copy of the previous site plan to the record. There were no questions or comments from the board or audience.
MOTION to close the public hearing of “Liv’s Oyster Bar” Special Exception for Restaurant Use & Coastal Site Plan; MADE by W. Harris, SECONDED by P. Stuart; VOTING IN FAVOR: M. Fish, E. Steffen, R. Friedmann, P. Stuart, W. Harris; AGAINST: none; ABSTAINING: none; APPROVED 5-0-0.
MOTION to approve “Liv’s Oyster Bar” Special Exception for Restaurant Use & Coastal Site Plan with modifications: 1. Landlord required to make all improvements to comply with previously approved site plan. 2. Handicap parking space moved. 3. Employee parking assigned/marked. 4. Comply with DEP on new septic system. 5. Manhole covers to be only in vehicular access areas. 6. Sign shall not project more than 15” from side of building; MADE by made by W. Harris; SECONDED by P. Stuart. VOTING IN FAVOR: M. Fish, E. Steffen, W. Harris, P. Stuart; AGAINST: R. Friedmann; ABSTAINING: none; APPROVED 4-0-1.
B. “Max’s Place” Petition to Amend the Zoning Regulations
New Section 8.23 Setbacks In Business Districts, New Definition for “Pedestrian Node”; and Sections 31 Central Business B-1, 32 Shopping Center B-2, 33 Restricted Business B-3, and 34 Gateway Business B-4 to make consider Special Exception Uses in the Pedestrian Nodes
Petitioner: Max’s Place, LLC Agent: David M. Royston, Esq.
Attorney Royston presented the original petition to revise the zoning text, dated 1/12/06, that relates to setbacks only. He described that there has been a lot of discussion regarding setbacks in areas of pedestrian nodes, and the updated Petition attempts to incorporate that proposed by the Boston Post Road Study. Attorney Royston stated the each use would be by special exception, giving the commission more discretion. Dave Ziaks, civil engineer for the applicant, clarified some points.
Mr. Friedmann raised several questions with regard to setbacks and landscape setbacks.
Ms. Fish opened the public hearing to the audience.
Ronald Lyman, owner of Max’s Place, stressed that he has met and exceeded all Town requirements, at great expense.
Attorney Royston stated that he would like to incorporate the Planning Commission report into this petition.
MOTION to continue the public hearing of “Max’s Place” Petition to Amend the Zoning Regulations at the next regular meeting on Tuesday, 2/11/06 at 7:30 p.m. to be held @ the Acton Public Library. MADE by E. Steffen; SECONDED by W. Harris; VOTING IN FAVOR: M. Fish, E. Steffen, W. Harris, P. Stuart; R. Friedmann; AGAINST: none; ABSTAINING: none; APPROVED 5-0-0.
IX. OLD BUSINESS
None.
X. NEW BUSINESS
A. Draft Sidewalk Plan
Referring Agency: Planning Commission
The Chairman and several member of the Commission who had attended the quarterly gathering of the land use agencies remarked at how much work had gone into preparing the draft Sidewalk Plan, and that there are a lot of action items within the Plan that will require the Zoning Commission to implement. The Chairman asked the Commission to familiarize itself with the draft Plan. She and Mr. Friedmann volunteered to draft a report to the Planning Commission with refinements as discussed by the Commission.
B. Final Draft “Conservation & Open Spaces” and “Economic Development” sections of the Plan of Conservation & Development
Referring Agency: Planning Commission
The Commission discussed the final draft updates to the Town’s Plan.
C. Draft Amendment to Section 53 Special Exceptions
The Enforcement Officer reminded the Commission that the Connecticut General Assembly revised the State statutes to remove authority from zoning boards of appeal with regard to special exceptions for automotive and other uses. Therefore, Ms. Costa drafted an amendment to the Zoning Regulations to comply with the new state laws. The Commission directed Ms. Costa to schedule a public hearing of the text amendment as soon as possible.
XI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
Mr. Sohl reported that the Inland Wetlands & Watercourses Commission has begun its deliberation of “The Preserve” application for regulated activities.
Ms. Costa spoke at length about the status of current enforcement matters.
XII. ADJOURNMENT
The Chairman adjourned the meeting at 11:30 p.m.
Respectfully submitted,
Maura Farbotka, Recording Clerk
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