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 21, 2006 at 7:30 p.m.
Pasbeshauke Pavilion, Saybrook Point Park
155 College Street Extension
I. CALL TO ORDER
Vice Chairman Robert Friedmann called the meeting to order at 7:30 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Vice Chairman Madeleine Fish, Chairman
Walter Harris, Secretary Charles Sohl, Alternate Member
Paula Stuart, Regular Member Kathy Edgar, Alternate Member
Elizabeth Steffen, Regular Member
Geraldine Lewis, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Maura Farbotka, Recording Clerk
Alternate Member G. Lewis will be seated for voting.
III. MINUTES
MOTION to accept the Minutes of the August 7, 2006 Zoning Commission Meeting as submitted MADE W. Harris; SECONDED by P. Stuart; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, W. Harris, P. Stuart; OPPOSED; none; ABSTAINING; E. Steffen, G. Lewis; APPROVED: 3-0-2.
W. Steffen noted that after listening to the tapes from the Zoning Commission meeting of August 7, 2006, that tape #1 was fine, but tape #2 was blank.
IV. CORRESPONDENCE:
Old Saybrook Zoning Commission Meeting Minutes August 21, 2006
MOTION to pay Branse and Willis invoice # 13012 for $319.00, #13016 for $207.75, #13014 for $623.50, and #13007 for $58.00, for a total of $1208.25 MADE by E. Steffen SECONDED by G. Lewis; 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.
V. COASTAL SITE PLAN REVIEWS:
A. Remodel kitchen, add great room and master bedroom suite, 4 North Cove Circle, Map 32/Lot 65-5, AA-2 District Applicants: David and Laura Gray
Applicant David Gray was present. This addition is over 500 s.f., triggering the CAM.
The Zoning Enforcement Officer has no concerns with the project, and noted that the project
has been approved by the Historic District.
R. Friedmann directed questions to the applicant, and confirmed that siltation will be used
throughout the entire project.
MOTION to to approve the COASTAL SITE PLAN REVIEW for 4 North Cove Circle, Map 32/Lot 65-5, AA-2 District; remodel kitchen, add great room and master bedroom suite; 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 E. Steffen; SECONDED: by G. Lewis; 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.
B. Vacant Lot to single family residence; 17 Fourth Ave., Map 58/Lot 103, A District; Applicant: Stephen W. Schoene.
Mr. Schoene and Stuart Fairbank of MacDonald Sharpe Associates were present. Mr. Fairband explained this was originally 2 vacant lots, now to build a single 2,200 s.f. residence with footprints of approximately 1,680 s.f. Only tidal wetlands. Well within all setbacks. Height of structure to be 35 feet. The Zoning Officer noted caution not to exceed. R. Friedmann noted applicant must obtain curb cut permit through Selectman’s office, for the Fourth Ave. Driveway.
MOTION to approve the COASTAL SITE PLAN REVIEW for 17 Fourth Ave., Map 58/Lot 103, A District; vacant lot to single family residence. 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 E. Steffen; SECONDED: G. Lewis; 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
Old Saybrook Zoning Commission Meeting Minutes August 21, 2006
VI. OLD BUSINESS
A. PETITION FOR ZONING MAP AMENDMENT
226 Main Street, Map 37/Lot 132 and 25 Sheffield Street, Map 37/Lot 143, B-1 District
to Residence A. District, 3.36 acres
Petitioner: B.F. ,LLC Agent: Attorney David Royston
B. PLANNED RESIDENTIAL DEVELOPMENT/COASTAL SITE PLAN REVIEW
15 unit PRD, Village Center Residences
226 Main Street, Map 37/Lot 132 and 25 Sheffield Street, Map 37/Lot 143, A District
Applicant: B.F., LLC, Agent: Attorney David Royston
The Commission received and reviewed a copy of the Draft Motion for Approval – BF LLC from Zoning Enforcement Officer Chris Costa relating to both the Zoning Map Amendment and the PRD.
Discussion was held at length concerning both applications, with the Commission reviewing the entire Draft Motion, and its findings. R. Friedmann discussed that it is appropriate for the Zoning Commission to accept a fee in lieu of open space.
The Zoning Enforcement Officer reminded the Commission that there are two other options regarding the fee in lieu of open space that were presented to the commission by the applicant at the August 7, 2006 Zoning Commission Meeting:
Option #2: That the amount set aside for open space is appropriate, though less than the fifty percent. That the open space offered also includes the walkway and parking easement (22 spaces) for public use.
Option # 3: The “non-open space” land value is $255,169.00. The fee, as per section 8-25 is 10% (max allowed), or $25,516.90. The construction cost of the 22 space parking lot was estimated by the applicant at $22,790.00. The difference of $2,726.90 to be established as the fee of in lieu of open space.
The Commission discussed the landscape plans, noting that the revised plans have yet to be submitted. Discussion was held as to adequate buffer, and type and height of plants/trees to be planted. It was noted by the Zoning Enforcement Officer that the height of trees and shrubs was not noted on the landscape plans. It was noted to check revised landscape plans, once submitted, to ensure both height and caliper requirements are met.
Jacobson’s 8/11/06 letter was reviewed, noting all recommendations.
Old Saybrook Zoning Commission Meeting Minutes August 21, 2006
MOTION to approve the PETITION FOR ZONING MAP AMENDMENT 226 Main Street, Map 37/Lot 132 and 25 Sheffield Street, Map 37/Lot 143, B-1 District to Residence A District, 3.36 acres, as per the Draft Motion discussed:
The Commission hereby votes to APPROVE the change of zoning district on the following basis:
1. The Petition for a change of zone with respect to 3.32 acres more or less of the property of The BF, LLC at 226 Main Street from Central B– 1 District to Residence A District is approved in accordance with the specific perimeter description attached to the Petition as Schedule A.
2. Prior to the effective date of the approval of the Planned Residential Development District (PRD) submitted as part of this Petition, the Owner/Applicant shall record a deed on the Land Records merging said 3.32 acres with the contiguous 0.31 acres of the Owner/Applicant’s property fronting on Sheffield Street which is located in the Residence A District. Said deed shall specifically note that the triangular shaped parcel of land designated “Area to Remain Zone B-1” on the Property Survey Plan submitted with the Petition is not a lot qualified for development under the Old Saybrook Zoning Regulations unless and until it is merged with the adjacent property designated as “N/F Joan A. Rochette, Dawn M. O’Dell Et. Al.” on said Property Survey Plan, which
adjacent property is also in the B-1 District, and any development extending onto such Area is subject to review under the Old Saybrook Zoning Regulations or Subdivision Regulations, as applicable.
3. This approval is conditioned upon the simultaneous approval of the Planned Residential Development District Petition filed by the Owner/Applicant simultaneously with and as part of the Petition, and subject to such approval, the effective date of the change of zoning district will be September 6, 2006.
MADE by E. Steffen; SECONDED: by W. Harris; 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.
Further Discussion was held with regard to the Findings for the PRD, focusing on landscaping issues, specifically the landscaping in the reduced buffer areas. That these areas meet all regulations, and that they provide adequate screening for all adjacent properties.
Old Saybrook Zoning Commission Meeting Minutes August 21, 2006
MOTION to approve the PLANNED RESIDENTIAL DEVELOPMENT/COASTAL SITE PLAN REVIEW 15 unit PRD, Village Center Residences; 226 Main Street, Map 37/Lot 132 and 25 Sheffield Street, Map 37/Lot 143, A District, consisting of 3.36 acres, more or less, described in Schedule B of the Petition.
Therefore, the Commission hereby votes to APPROVE the establishment of the Planned Residential Development District at this location subject to the following conditions of approval:
1. The Petition to establish a Planned Residential Development District for the Owner/Applicant’s merged property at 226 Main Street and Sheffield Street consisting of 3.63 acres, more or less, described in Schedule B to the Petition is hereby approved, subject to the following conditions:
a. The conveyance of the “Non-exclusive Public Parking Easement” to the Town of Old Saybrook submitted with the Petition shall be made prior to the issuance of a Certificate of Occupancy for any Unit in the PRD.
b. The perimeter landscape buffer requirement of Section 63.5.1A and 63.5.2 is modified pursuant to Section 63.5.1E and 63.5.2B as shown on the Site Development Plan revised to July 28, 2006 and the Landscape Plan as revised to supplement the perimeter landscaping in the reduced buffer area, since the modifications meet the intent of the Regulations and provides adequate screening for the properties adjacent to said reduced buffer areas. The Westerly site of the 22 parking spaces there shall be some type of low planting specified by the landscape architects to protect adjacent properties from headlights. The landscaping should be of sufficient caliper and height as specified by the Zoning Regulations.
c. All new additions to the three unit “Greenberg dwelling” shall comply with the applicable provisions of the current Zoning Regulations, including but not limited to the requirement of Section 24.4.1 that the maximum number of stories is 2 ½ stories, as defined in Section 9 (Story, half), to be confirmed by the Zoning Enforcement Officer prior to the issuance of a Certificate of Zoning Compliance for the building permit for such construction.
d. The shaded area designated “Proposed 12’ Wide Emergency Access” shown on the Site Development Plan shall include low growing shrubbery at each end, which shrubbery shall be designed to prevent use of the emergency access for ordinary vehicular traffic, but will not prevent its use by emergency vehicles. Prior to the issuance of a Certificate of Occupancy for any unit in the PRD, the Applicant shall provide the Zoning Enforcement Officer with a copy of letters to the Old Saybrook Police Department, Fire Department and Ambulance Association notifying them of the existence of the emergency access and providing them with a copy of the Site Development Plan.
e. The Declaration of Village Centre Residences under the Common Interest Ownership Act filed with the Petition shall be amended to provide that no patio area on the Plans shall be enclosed, and that such prohibition is a specific condition of the Zoning Commission approval of the PRD.
Old Saybrook Zoning Commission Meeting Minutes August 21, 2006
f. The final PRD Plans shall be amended to the extent required to incorporate the final review comments of Nathan L. Jacobson & Associates. Such Plan modifications, if required, shall be reviewed by Nathan L. Jacobson & Associates and the Zoning Enforcement Officer for compliance with said review comments.
g. The final PRD Plans shall be amended to the extent required by the Fire Marshal to incorporate any final review comments.
h. A landscape bond shall be posted in the amount recommended by the Town Engineer to assure that all landscaping material shall survive for two (2) years after planting, and that any material which does not survive shall be replaced with a specimen of the same type and size.
i. An erosion and sedimentation control bond shall be posted in the amount recommended by the Town Engineer to assure the installation and maintenance of the erosion and sedimentation control measures depicted on the site plan, and any additional measures that may be required by the Zoning Enforcement Officer during the period of construction.
j. A completion bond for all common area improvements shall be posted in the amount recommended by the Town Engineer to assure the installation of all common improvements such as driveways and sidewalks.
k. The set aside for open space on the site is less than 50% of the parcel, as required by Section 55.6.9 of the Regulations. As allowed by Section 55.6.9.2 of the Regulations, the Commission hereby accepts a fee in lieu of open space to be paid by the Owner/Applicant as a condition of this approval, which fee is calculated as follows:
In accordance with the procedures for the establishment of a fee in lieu of Open Space, RJS Appraisal Associates has calculated the per acre value of the land included in the PRD as $96,300 per acre. Based upon this calculation, the land value of the entire PRD site is $349,569.00. The appraisal values the area designated for open space (including the undeveloped parking area land) at $94,400.00, leaving a “non-open space” land value of $255,169.00. The fee calculated in accordance with Section 8-25 of the Connecticut General Statutes, is 10% of that figure, or $25,516.90. As the Applicant is granting 18.3% of the property as open space, the fee should be adjusted to reflect this portion of open space. Accordingly, the Commission establishes the fee in lieu of open space as $16,688.05 (25,516.90 x 65.4%) payable at the time of sale of the first unit in the PRD.
The effective date of the PRD approval is September 7, 2006.
3. The Commission has considered the characteristics of the site criteria set forth in Conn. Gen. Stats. §22a-106, and finds that there are no potential adverse impacts of the proposed activity other than storm water discharges, which have been designed to maximize renovation. The site has no
Old Saybrook Zoning Commission Meeting Minutes August 21, 2006
potential for water dependent uses and will have no impact on such uses; and the proposal complies with the goals and policies of Section 22a-92.
Therefore, the Commission approves the Coastal Area Site Plan Application as consistent with all applicable coastal policies and includes all reasonable measures to avoid adverse impacts and is subject to the same conditions as the Planned Residential Development 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.
A copy of the entire Draft Motion for Approval is attached to these minutes.
VII. NEW BUSINESS:
Discussion: Building Coverage Calculations and Projections into Setback Areas.
Zoning Enforcement Officer explained to the Commission that Atty Bill Childress is taking a recently denied application to the Zoning Board Of Appeals. It concerns Section 7.42 regarding projections, and Definition of Building/Coverage/Structure (under Section 9). The Commission reviewed and discussed, and decided that the intent of the regulation is not clear That the two sections contradict each other. That coverage should be calculated to the drip line, and include projections into the setback. It was decided this regulation does not reflect that, and therefore Attorney Childress has a valid point. The Commission suggested to Zoning Enforcement Officer Costa that this application be approved, and Attorney Childress will withdraw his appeal.
The Commission then agreed that they will rewrite the regulations to clarify the interpretation.
It was suggested that this be done at the next public hearing.
VIII. COMMITTEE REPRESENTATIVE & STAFF REPORTS
Zoning Enforcement Chris Costa reported on several pending issues.
--Informed Commission of appeal going to the ZBA regarding property in Saybrook Manor.
--A second appeal going to ZBA, regarding improper location and size of a shed
--With regard to the “Parkcrofters House”, so far almost $11,000 in legal fees has been received, and additional money for the town. The new owner continues to correct all zoning issues on the property.
--Ongoing discussion with regard to litigation of CVS/Stage Road
--ZEO continues to work with Inland Wetlands Officer on resolving gazebo, and walking path issues at Four Seasons. It was noted there are some deviations of plan, Chris Costa stated they must install the second Gazebo, to be the same type/style, or move the first gazebo to the original location shown on the site plan.
Old Saybrook Zoning Commission Meeting Minutes August 21, 2006
--Remax requesting a hot air to be used at schools. Commission stated applicant would have to come in to meet with Zoning Commission.
--question arose with regard to hot dog carts. Permits are only obtained through the selectman’s office.
--Chris Costa informed commission that she attended the recent EDC meeting at which point several Main Street business owners stated their concern of “Black Spots” on Main street (for example: # of realtors/lawyers) It was suggested the EDC compile a break down of uses for retail, promoting the “walking traffic” on Main Street. This can then be brought to the Zoning Commission for review and further suggestions.
--noted that Attorney Royston will be proposing a text amendment change (re: signs) for the upcoming Big Y application.
--Further discussion was held with regard to Duncan Downie’s location. It was agreed that even if the commission believes there is screening being done, there is nothing the Zoning Enforcement Officer can do, unless he is caught doing it. There can be no Cease and Desist issued, since no violation has been witnessed.
IX. ADJOURNMENT
Vice Chairman R. Friedmann adjourned the meeting at 9:45.
Respectively submitted:
Maura Farbotka, Recording Clerk
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