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, August 7, 2006 at 7:30 p.m.
Acton Public Library
60 Old Boston Post Road
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 Elizabeth Steffen, Regular Member
Robert Friedmann, Vice Chairman Geraldine Lewis, Alternate Member
Walter Harris, Secretary
Paula Stuart, Regular Member
Charles Sohl, Alternate Member
Kathy Edgar, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Maura Farbotka, Recording Clerk
Alternate Member Kathy Edgar will be seated for voting.
III. MINUTES
MOTION to accept the Minutes of the July 17, 2006 Zoning Commission Meeting as submitted MADE by M. Fish; SECONDED by K. Edgar; VOTING IN FAVOR: M. Fish, P. Stuart, K. Edgar, and C. Sohl; OPPOSED: none; ABSTAINING: R. Friedmann, W. Harris; APPROVED: 4-0-2.
IV. CORRESPONDENCE:
None
Old Saybrook Zoning Commission Meeting Minutes August 7, 2006
V. COASTAL SITE PLAN REVIEW: Add sunroom, deck and pool, 49 Cricket Ct., Map 16/Lot 22, AA-2 District Applicants: Cynthia and Kevin Lane
This is an addition of over 500 s.f., triggering the Coastal Area Management. This project has already received approval from the Inland Wetlands Commission, with stipulations. The Chairman stated that any conditions set by Inland Wetlands should cover all concerns.
The Zoning Enforcement Officer has no concerns with this addition.
MOTION to approve the COASTAL SITE PLAN REVIEW; 49 Cricket Ct., Map 16/Lot 22, AA-2 District; Applicants: Cynthia and Kevin Lane; addition of sunroom, deck and pool. 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 P. Stuart; SECONDED: by K. Edgar; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, P. Stuart, K. Edgar; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to move item VIII (New Business), after item V. MADE by M. Fish; SECONDED: by P. Stuart; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, P. Stuart, K. Edgar; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VIII. NEW BUSINESS:
A. Report on Proposed “South Green” Historic District: Report comments and recommendations to Study Committee within 65 days. Petitioner: Historic District, Bob
Wendler, Chairman
Mr. Wendler was present. He gave an overview of the proposed “South Green” Historic District. He reported an almost two-thirds approval of the homeowners/houses that would be included. Mr. Wendler stated the Historic District has received positive referrals from both the Selectman’s office and the Planning Commission, and is now seeking approval from the Zoning Commission. The next step would be to go to Public Hearing, inviting all South Green residents.
Chairman Fish stated her approval of the project, agreeing it was a way to preserve these homes and neighborhoods.
MOTION to send a positive referral from the Zoning Commission to the Historic Commission regarding the proposed “South Green” Historic District MADE: by M. Fish; SECONDED: by K. Edgar; VOTING IN FAVOR: M. Fish, R. Friedmann, P. Stuart, K. Edgar; OPPOSED: W. Harris; ABSTAINING: none; APPROVED: 4-1-0.
Old Saybrook Zoning Commission Meeting Minutes August 7, 2006
VI. PUBLIC HEARINGS: (8:00 p.m.)
A. PETITION FOR ZONING MAP AMENDMENT (Cont’d.)
226 Main Street, Map 37/Lot 132 and 25 Sheffield St., Map 37/Lot 143, B-1
District to Residence A District, 3.63 acres
Petitioner: B.F., LLC. Agent: Attorney David Royston (NLT 8/7/06)
B. PLANNED RESIDENTIAL DEVELOPMENT/COASTAL SITE PLAN
REVIEW (Cont’d.) 226 Main St., Map 37/Lot 132 and 25 Sheffield St., Map
37/Lot 143, A District
Applicant: B.F., LLC. Agent: Attorney David Royston (NLT 8/7/06)
Attorney David Royston was present for the Petitioner/Applicant. Attorney Royston gave a summary since the Public Hearing of 6/19/06. Attorney Royston discussed the suggested revisions to the plans made by Jacobson, given orally at the Zoning Commission meeting of 7/17/06. Jacobson sent a letter detailing these revisions dated 7/19/06. Per Atty Royston, Matt White of MacDonald/Sharpe Assoc. responded to Jacobson via letter incorrectly dated 7/19/06. This letter should read August 2, 2006.
It was noted that the Fire Marshall approval letter was received today.
Attorney Royston discussed the appraisal received from Richard Schmitt, regarding the possible fee charged in lieu of open space. He also explained that the perimeter buffer can be waived/ reduced by the Commission, and an alternate landscaping form can be used.
He again pointed out that the property for the parking lot is not required for the PRD, and that the parking lot to be donated to the town would be eliminated if the reduction for the buffer was not agreed upon.
Further discussion was held with regard to the appraisal figure recently submitted at $96,300 per acre.
Total PRD = 3.63 acres x $96,300 = $349,569
-$64,521 (.67 acres open space)
-$29,900 (unimproved area proposed for municipal parking)
.
.
. = $255,148 x 10% = $25, 514.80
.
. (10% is the state max allowed for fees
. in lieu of open space).
.
.
.
.
.
.
Old Saybrook Zoning Commission M eeting Minutes August 7, 2006
Attorney Royston pointed out other instances where a fee was not charged to the applicants.
(Eden Harbor, North Cove Crossing, North Cove Landing) had for example parking areas made, public access to trails, and phragmites eradication in lieu of fees charged.
Attorney Royston submitted a copy of an estimate for the proposed parking lot totaling $22,790., noting this cost would be incurred by the applicant. Attorney Royston asked the Commission that this amount be applied against the fee to be charged to the applicant. He asked the Commission for any questions.
R. Friedmann pointed out that the Greenberg building is a previously existing, non-conforming structure, and raised a concern with regard to the proposed 3rd floor. In the Zoning Regulations, under Definitions (9-11), it states that “one-half story that equals more than 50% of the attic floor area immediately below and under the same roof is prohibited”.
Attorney Royston stated he believed with the addition of a studio, that the 3rd floor plans would make up about two-thirds of the second floor. He suggested making it a condition that the one-half story addition/living space be no more than 50 % of the second floor.
R. Friedmann raised questions with regard to the driveway now added to the plans. Matt White, an engineer with MacDonald/Sharpe Associates pointed out this is an emergency access road, suggested by the Fire Marshall. Mr. Friedmann was concerned this could be used by residents for access to Main Street. Attorney Royston gave several reasons why this emergency drive would not be used, including: 1. It would be secured, and barely visible, 2. That the association would not allow the owners/residents to use it, and 3. it is a driveway that does not provide easy access to the units.
R. Friedmann verified with Attorney Royston that none of the patios on the plans would be covered.
Discussion was held regarding the small “triangle” piece of property and that the fact that the zone boundary does not coincide with the property line. Attorney Royston suggested that prior to the filing of any maps, the property will be re-described.
Chairman Fish spoke regarding her approval of the project, and its benefit to Main Street and downtown Old Saybrook.
M. Fish opened the hearing to the Commission and to the Public. None noted.
MOTION to close Public Hearings MADE by W. Harris; SECONDED: by R. Friedmann; 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.
It was noted by both the Commission and Attorney Royston that Public Hearings were closed on both applications.
Discussion was held by the commission, and it was decided more time was needed for deliberations. R. Friedmann stated he would like to write up specific conditions on some of the issues including: 1. The living space of the 3rd floor (1/2 story)
2. The property in the western side that would remain B-1
3. Parking Spaces
4. Consideration of appraisal value.
Old Saybrook Zoning Commission Meeting Minutes August 7, 2006
It was agreed R. Friedmann and ZEO Chris Costa will come up with a summary and submit to the Zoning Office. This will be referred to Attorney Branse, if necessary.
The Commission acknowledged Atty Royston’s request for consideration of the applicant’s cost of development of the parking lot, and will consider it in their deliberations.
Deliberations to continue until the next regularly scheduled Zoning Commission Meeting to be held Monday, August 21, 2006.
VII. OLD BUSINESS:
A. PETITION FOR AMENDMENTS TO THE ZONING REGULATIONS
Modification for inclusion of new Section 58, Gateway Standards, and new Section 59,
Coastal Area Management Petitioner: Old Saybrook Zoning Commission
Zoning Enforcement Officer asked the Commission on thoughts about the revised text of the Gateway Standards. Discussion was held at length regarding many sections in the revision. Several issues were discussed, including the past public hearings, comments from Bill Childress, and general discussion about the Gateway Standards. R. Friedmann raised several issues/corrections with the revised text, dated 7/1706.
A final copy of the revisions/corrections made at this to be added to these minutes.
MOTION to adopt AMENDMENTS TO THE ZONING REGULATIONS; Modification for inclusion of new Section 58, Gateway Standards, and new Section 59, Coastal Area Management; as presented in the July 17, 2006 draft, with the changes corrected this evening. To become effective Monday, August 28, 2006; MADE: by R. Friedmann; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, K. Edgar; OPPOSED: P. Stuart; ABSTAINING: none; APPROVED: 4-1-0.
B. SITE PLAN REVIEW (Cont’d.): “CRW 3” –Construction of 2 bldgs. To be utilized
as rental garages, Center Road, West, Map 26/Lots 6-15A & B, B-4 District
Applicant: George Hollister (NLT 9/20/06)
Bob Doane, and engineer with Doane-Collins was present for the applicant, and gave a review of the plans. He noted a letter from Jacobson received today with regard to the site plan. Mr. Doane commented on the suggested revisions, stating the changes would be made, but new plans have not been made yet.
Discussion was held with regard to the parking spaces. Mr. Doane stated there would be a total of 22 parking spaces, with designated parking areas per unit, and that they would be allocated to the occupants. There would be both handicap and loading area spaces available to all businesses.
R. Friedmann questioned if these loading spaces were to be considered parking spaces, and if so, interior parking lot landscaping would now allow there to be so many uninterrupted spaces. It was suggested that the loading area spaces be marked “no parking”.
R. Friedmann also asked questions with regard to the signs for each tenant, and its location. Mr. Doane stated there would be only one traffic control sign, and one pylon per lot. It was agreed
Old Saybrook Zoning commission Meeting Minutes August 7, 2006
that all signs remain uniform for each tenant, and the formula to determine size/location was discussed. It was discussed that the first wall could have signage totaling 20%, divided equally
by the number of tenants, and the other wall could have signage totaling 5%, divided equally by the number of tenants.
P. Stuart raised the question as to the type of tenant occupying the garages, and the type of storage.
Attorney Royston spoke for the applicant, pointed out that this plan was recently approved at the July 20, 2006 Inland Wetlands Commission Meeting, with conditions.
This plan has also received favorable referrals from the Health Department, Jacobson, The Fire Marshall (with conditions), and Branse & Willis.
Concerns raised from the Zoning Enforcement Officer with regard to the Statement of Use submitted with the application. She was concerned of the type of business it would allow, because of its restrictions. It was suggested to add additional sections 34.1.3 and 34.1.15 to give a better description of the tenants allowed.
It was confirmed there would be no outside storage.
There will be no storage of vehicles.
R. Friedmann would like to see general size/shape and location of proposed signs.
Attorney Royston explained there is a time constraint with the applicant. It was agreed for a possible approval with conditions.
MOTION to approve the SITE PLAN REVIEW for CRW 3, pending a revised statement of use, as per discussion; sign reviews to be approved by board, and site plan modification submitted; MADE: by P. Stuart; SECONDED: by K. Edgar; no discussion on the motion; VOTING IN FAVOR: M. Fish, W. Harris, P. Stuart, K. Edgar; OPPOSED: R. Friedmann; ABSTAINING: none; APPROVED: 4-1-0.
IX COMMITTEE REPRESENTATIVE & STAFF REPORTS
The Zoning Enforcement Officer reported on several zoning issues.
-The Big Y Application was received this morning.
-The credit union at Porter Plaza would like an ATM machine installed on the side of the building.
-Corner Music School to go in at the previous Hartford Courant/ Sports store location.
-The Parthenon Diner of Branford has bought the Old Saybrook Diner
-Jack of Jack’s Restaurant to open a bakery on Main Street
-The Montessori School to relocate to former “on the move”, on Essex Road. Applicant has already packed all school supplies, but never received proper permits for relocation, or zoning approval.
-Lawsuit received against town by CVS project, re: street widening on Stage Road.
-Application received from Blueberry Antiques, to be located in old Steve’s Deals store. ZEO Costa questioning if that should be classified as same use. There is no intensity to the use. The.
Old Saybrook Zoning Commission Meeting Minutes August 7, 2006
Commission questioned the number of parking spaces the applicant stated (12). ZEO to handle administratively, but suggested to question parking with the applicant, and to explain there can not be any outdoor displays (items for sale). ZEO will follow up for signage
-Lengthy discussion on the Duncan Downie property. It was agreed by the Commission that he is not a gravel pit, but the ZEO will follow up on his usage with screening. The ZEO will continue to monitor, and if proof of screening, a Cease and Desist Order will be issued.
X. ADJOURNMENT:
The Chairman adjourned the meeting at 10:35 p.m. until the next regularly scheduled meeting on Monday, August 21, 2006 at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension at 7:30 p.m.
Respectively submitted:
Maura Farbotka
Recording Clerk, Zoning Commission
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