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, June 19, 2006 at 7:30 p.m.
Pasbeshauke Pavillion 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
Attendant Staff Absent Staff
Madeleine Fish, Chairman Paula Stuart, Regular Member
Robert Friedmann, Vice Chairman Geraldine Lewis, Alternate Member
Walter Harris, Secretary Kathy Edgar, Alternate Member
Elizabeth Steffen, Regular Member
Charles Sohl, Regular Member
Charles Sohl will be seated for Regular Member, Paula Stuart
III. MINUTES
MOTION to approve the June 5, 2006 minutes as submitted MADE by W. Harris, SECONDED by R. Friedmann; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, E. Steffen, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IV. CORRESPONDENCE
MOTION to pay Jacobsen, invoice # 11146 in the amount of $26.16 MADE by W. Harris; SECONDED by M. Fish; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, E. Steffen, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
Regular Member, P. Stuart arrived at 7:35 p.m.
C. Sohl to step down
MOTION to pay Branse and Willis for invoices # 12542 for $1029.50, # 12550 for $1000.50, and
# 12546 for $ 217.50; for a total of $2247.50 MADE by E. Steffen; 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
V. COASTAL SITE PLAN REVIEW: 873 s.f. addition for family room and enlarge kitchen/bath, 84 Sea Lane, Map 19/Lot 233, Res. A District; Applicant: Jeff and Cheryl Beal
Applicants Jeff and Cheryl Beal were present. This Coastal site plan is triggered because the addition is over 500 s.f.
The health department has signed off on this addition.
Height is well within requirements. W. Harris questioned whether property is located in flood zone. Per Chris Costa, the Fema report indicated it is not.
It was noted that the applicants will be then at their maximum for ground cover after this addition.
MOTION to approve the COASTAL SITE PLAN REVIEW for a 873 s.f. addition for family room and enlarge kitchen/bath for 84 Sea Lane, Map 19/Lot 233, Res. A-District; applicant: Jeff and Cheryl Beal. That the project be approved as submitted because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impact. MADE by R. Friedmann; SECONDED by E. Steffen; VOTING IN FAVOR: M. Fish, R. Friedmann, P. Stuart, E. Steffen; OPPOSED: W. Harris; ABSTAINING: none; APPROVED: 4-1-0
MOTION to modify agenda and move item item VII, NEW BUSINESS, after item V, MADE by M. Fish,; 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
VII. NEW BUSINESS: Discussion- Ron Lyman and BJ Allen Company, CT. Proposed Temporary Firework Sales from Residence located at 16 Spencer Plains Road
Mr. Lyman, and a representative from BJ Allen were looking for a 2 week tent operation from June 24-July 4, 2006. A 20 x 30 tent to be located in the front of the former residence. After a discussion with the Fire Marshall, Mr. Lyman stated 2 fire extinguishers, a tent certificate and no more than 1,000 fireworks would be permitted on the site.
R. Friedmann noted that per section 34.1, and the definition of structure on page 9-11, that a “structure will not include tents”. Mr. Lyman questioned tents used at Porter Plaza and the Art Show. The Commission pointed out that the pre-existing structure where the tent would be located is not retail, but a residence.
Mr. Lyman thanked the commission for seeing him.
VI. PUBLIC HEARINGS:
A. MODIFICATION TO SPECIAL EXCEPTION FOR PLANNED RESIDENTIAL DEVELOPMENT /COASTAL SITE PLAN
–North Cove Landing, 446 Main Street, Map 22/Lot 22, Residence A District
Applicant/Agent: North Cove Landing Homeowner’s Association
Matthew White of MacDonald / Sharpe Associates was present. He indicated there were 3 homeowner’s (units 8,9, & 10) who would like to construct a deck to their residences. The Commission asked about the other owners, if they wanted decks. Per Mr. White, these were the only interested parties. All three decks stay outside or on the 50 foot tidal wetlands line.
It was noted that the decks are included in total coverage.
MOTION to close Public Hearing MADE by R. Friedmann.
HOLD the MOTION; noted by W. Harris, to open the hearing for discussion.
Ms. Rachel Wilsey, owner of unit # 9 clarified previous question about further decks. She stated all the other homeowners have flat properties, and therefore patios. Units 8,9 and 10 have extremely sloping back yards where patios were not possible, and decks were their only alternative.
RESTATE MOTION to close Public Hearing MADE by R. Friedmann; 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 MODIFICATION TO SPECIAL EXCEPTION FOR PLANNED RESIDENTIAL DEVELOPMENT/COASTAL SITE PLAN; North Cove Landing, 446 Main, Map 22/Lot 22. Residence A District. That the project be approved as submitted because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impact. MADE by R. Friedmann; 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
B PETITION FOR ZONING MAP AMENDMENT
226 Main Street, Map 37/Lot 132 and 25 Sheffield Street, Map 37/Lot 143, Residence A District, 3.36 acres
Petitioner: B.F., LLC Agent: Attorney David Royston
C PLANNED RESIDENTIAL DEVELOPMENT/COASTAL SITE PLAN REVIEW
226 Main Street, Map 37/Lot 132 and 25 Sheffield Street, Map 37/Lot 143, Residence a District
Applicant: B.F., LLC Agent: Attorney David Royston
Attorney Royston presented the commission with several plans, giving a summary of the proposed Map Amendment and Planned Residential Development. The property is located on Main Street and continues back to the senior housing, and which would connect / give access via Sheffield Street.
The property proposed for the Zoning Map Amendment is a B-1 District, and borders the Rochette property.
Jerry Brophy, manager of B.F., LLC, Matt White of MacDonald/Sharpe Associates, Ray Jefferson, landscape engineer, and Jill Cauette, of Point One Architects were present. Attorney Royston explained this is a two fold application, including a change of zone from B-1 to Residence A District, and a PRD. The PRD will consists of 15 residential units, three of which will be contained in the existing Greenberg residence/office.
Attorney Royston noted that as part of the plan, B.F., LLC proposes parking along the Sheffield Street entrance, consisting of 22 spaces. This parking is not required to service the 15 units, but is overflow parking that the Petitioner would like to make available to the town. A copy of the proposed parking easement has been provided to the commission.
Jerry Brophy spoke with regard to the plans. He stated he is a long time resident, and a developer of residential and commercial properties. He started to become interested in the property in 2004, and is interested in the preservation of the Greenberg building.
Regular Member, P. Stuart left the meeting at 8:25 p.m.
Alternate Member, C. Sohl will be seated for her.
Mr. Brophy stated this was not a suitable location for commercial use, or as a single family residence.
Attorney Royston pointed out the favorable reports from the Planning Commission, the Board of Selectman, Ct. DEP. All plans are keeping with the town plans for Economic Development, and keeping with the town’s character. It was noted they are still awaiting referrals from Jacobsen and the Fire Marshall.
Landscape Engineer, Ray Jefferson reviewed some of the landscape plans for the project. He explained the rear of the property, bordering the senior housing will be naturalized, with a pathway to go along the perimeter of the housing plans.
Attorney Royston stated the access to the 3 units in the main building will be via a driveway to Main Street. A 3rd bay to the existing garage will be added. Fire access will be to the rear. The pathway which Mr. Jefferson described would start as paved, and become barked mulch in the rear.
The main entrance to the 12 units (4 buildings, 3 units each), would be via Sheffield Street. There would be a 10-bay parking garage in the back of the property.
The perimeter landscape buffer was discussed. Attorney Royston stated the 22 parking spaces offer far outweighs the shortage in the landscape buffer.
Mr. Jefferson addressed further landscaping issues. In a letter from Branse/Willis, additional landscaping was suggested on the Porter Plaza side. Atty Royston submitted a supplemental site plan, now including a white picket fence with gates.
Per Mr. Jefferson, there would be fencing along the border, protecting car lights shining into homes on Sheffield Steet. He gave a detailed description of landscape plans for each unit, and the entire development. He explained garden plots would be available behind the 10-bay garage.
E. Steffen raised concern about senior housing residents using wheelchairs/walkers on mulched walkways.
Jill Cauette of Point One Architects spoke on the renovation of the existing Greenfield building. It would be converted into three 1-bedroom condo units; one unit on each floor. She stressed the architectural integrity of both the garage and house are to remain intact. The 12 townhouse condo units will be 2 bedroom units; each unit will have an attached one car garage. The style of the units is in keeping with the style of the existing house. Ms. Cauette noted residents of the 4 units would have an option to purchase another garage. (The previously mentioned 10-bay garage).
Attorney Royston noted Traffic Officer Stuart, and the Building Inspector had no concerns with the proposed zoning change or the PRD. Per Attorney Branse’s 6/19/06 letter, it states plan was “ not community sewage system”, and does not involve WPCA.
Chairman Fish opened questions from the Board.
R. Friedmann pointed out the small triangle piece of property between the Greenberg property and the Rochette property (1,207 s.f.) is to remain in the B-1 zone. He noted that the zone line would not conform to the lot line, and this is of great concern to the Zoning Commission.
Per M. Fish, this is an established driveway/curbcut. Questions from R. Friedmann regarding parking and entrance/exit on Main Street. He asked about possibility of moving the proposed parking of the 3 units to the rear.
Vice Chairman Friedmann raised concerns about the percentage and value of the open space property proposed. He requested Zoning Enforcement Officer Costa to obtain a real estate appraisal of the property considered open space. Once received, the commission can review the appraisal and determine if its value satisfies the needed open space requirement. Attorney Royston feels the open space, and the proposed parking spaces now being offered already provide substantial benefits to the town.
R. Friedmann questioned the location of the garden; that the garage would block any sunlight to the garden.
R. Friedmann questioned the square footage of the plans for the existing Greenberg House. Per Jill Cauette: First floor- existing: 1,925 s.f. proposed: 2,130 s.f.
Second floor- existing: 1,515 s.f. proposed: 2,112 s.f.
Third floor- existing: 1,033 s.f. proposed: 1,937 s.f.
The Commission explained that stairwells should not be included in the square footage. Ms. Cauette will revise the numbers accordingly.
It was noted that the height of the structure will remain at 34’, 10’’.
Zoning Officer Costa requested that the architectural plans/detail sheet be provided indicating lighting to be used.
She noted that the minimum for tree caliper be 3 inches, not 2 &1/2 to 3 inches.
She asked that any additions (patios/decks) not be allowed without review.
Zoning Officer Costa asked if a sign would be posted indicating public parking for the proposed 22 spaces. Attorney Royston stated the applicant was not planning to do that, but the town definitely could.
Chairman Fish opened the hearing to the public.
Attorney Bill Childress, owner of Porter Plaza, spoke endorsing the plans stating they are a great addition to Main Street. His only concern was with regard to residents of the new condos possibly complaining about lights coming from his parking lots next door. He suggested large evergreens to block out these lights.
Discussion was held by the Commission about member attendance for the upcoming July 3, 2006 meeting. It was decided to try to continue the Public hearing for the July 3, 2006 date, but reschedule if it was found there were not enough commission members for a quorum
MOTION to continue public hearing for PETITION FOR ZONING MAP AMENDMENT 226 Main Street, Map 37/Lot 132 and 25 Sheffield Street, Map 37/Lot 143, Business B-1 District to Residence A District
& PLANNED RESIDENTIAL DEVELOPMENT/COASTAL SITE PLAN REVIEW. Main Street, Map 37/Lot 132 and 25 Sheffield Street, Map 37/Lot 143, Residence A District. Petitioner/Applicant: B.F., LLC, Agent: Attorney David Royston to the next regularly scheduled Zoning Commission meeting on July 3, 2006 MADE by M. Fish, SECONDED by W. Harris; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, E. Steffen, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
D PETITION FOR AMENDMENTS TO THE ZONING REGULATIONS
Modification for Inclusion of new section 58 Gateway Standards and new section 59, Coastal Area Management.
Petitioner: Zoning Commission
Enforcement Officer Costa reviewed changes and reviewed all the commission reports received to date. She noted the Planning and Conservation Commissions both sent back positive referrals.
Chairman Fish opened the hearing to the public.
Attorney Bill Childress, a resident of the Gateway Conservation Zone raised several concerns with regard to finding a balance between private property rights, and maintaining the landscape of the CT. River. That the new regulations do not protect the landowner’s right to use and develop his property. He discussed that the new regulations would now include homes 3,500 s.f. and above, and that the buffer would be increased to 100ft.
Mr. Childress stated that every piece of property in the Gateway Standards is subject to these regulations, even those properties not near the river. He questioned how the managing of every tree included in the Gateway Standards could be done. He stated this would be impossible to enforce.
Mr. Gregory Eckhardt, a resident of South cove stated his property is within the 100 foot buffer. He is concerned with regard to his property value if the proposed Gateway Standards is adopted. He states his property value and others would decline if views of the Ct. River were obstructed.
Dominic Pappa a local property owner and developer raised concerns about future development.
Ann Czeipel, a town resident, questioned the area the Gateway Standard covers. R. Friedmann reviewed the map and answered further questions from the public.
The commission thanked the public for their comments and stated they would continue to work to modify the regulations, addressing the issues/concerns raised this evening.
MOTION to continue public hearing PETITION FOR AMENDMENTS TO THE ZONING REGULATIONS -Modification for inclusion of new section 58 Gateway Standards and new section 59, Coastal Area Management; Petitioner: Zoning Commission to the next regularly scheduled meeting on July 3, 2006 MADE by M. Fish, SECONDED by W. Harris; no discussion on the motion; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, E. Steffen, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
VIII COMMITTEE REPRESENTATIVE & STAFF REPORTS
Enforcement Officer Costa discussed several zoning enforcement issues, including the status of the Carter house and the recent ZBA meeting.
Per Chris Costa, Attorney Childress is interested in opening a Ping Pong Club. Once further information is obtained, it will be determined if this should come in front of the Commission.
Zoning Officer Costa and Wetlands Officer Damon Hearne made an inspection of Dirt, LLC. The owner of the property stated there was no trailer on the property being used as a residence. Chris Costa will continue to try and resolve the numerous zoning issues on this property.
Chris Costa stated the property owned by D. Downie should not be considered a gravel pit.
There is no further developments on the Sams property since suit was filed.
IX ADJOURNMENT
Chairman Fish adjourned the meeting at 10:55 p.m.
Respectively submitted:
Maura Farbotka, Recording Clerk
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