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
Tuesday, October 16, 2006 at 7:00 p.m.
Pasbeshauke Pavilion at Saybrook Point
155 College Street Extension
I. CALL TO ORDER
Chairman Robert Friedmann called the meeting to order at 7:00 p.m.
II. ROLL CALL
Attendant Members: Absent Members:
Robert Friedmann, Chairman Paula Stuart, Regular Member
Elizabeth Steffen, Vice Chairman
Walter Harris, Secretary
Madeleine Fish, Regular Member
Geraldine Lewis, Alternate Member
Charles Sohl, Alternate Member
Kathy Edgar, Alternate Member
Attendant Staff:
Christina Costa, Zoning Enforcement Officer
Eric Knapp, Legal Counsel
Maura Farbotka, Recording Clerk
Alternate Member C. Sohl will be seated for Regular Member P. Stuart
III. MINUTES
MOTION to approve the Minutes of October 3, 2006 as submitted MADE by R. Friedmann; SECONDED: by E. Steffen; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, M. Fish, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
W. Harris arrived at 7:05 p.m.
Old Saybrook Zoning Commission Meeting Minutes October 16, 2006
IV. CORRESPONDENCE:
MOTION to pay Branse and Willis: invoice #13607 for $29.00, #13609 for $3581.50, #13613 for $14.50, #13614 for 435.00, and #13605 for $43.50, for a total of $4,103.50 MADE by E. Steffen; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
V. SIGN APPLICATION:
Liberty Bank for Savings – 860 Boston Post Rd., Map 36/Lot 161, B-2 Zone
Agent: Richard Rizzo
Richard Rizzo was present for the applicant. He presented the commission with pictures of the proposed changes to the Liberty Bank 24 hour ATM sign and lighting. He emphasized there are no residents affected by the proposed lighting.
K. Edgar arrived at 7:10 p.m.
The commission directed several questions to Mr. Rizzo with regard to the proposed lighting. This is a 24 hour/7 day facility. Commission members pointed out there is adequate lighting at the ATM machine, and recommended that the new sign/lighting be shut off by midnight.
MOTION to approve the SIGN APPLICATION for Liberty Bank for Savings, 860 Boston Post Road, Map 36/Lot 161, B-2 Zone, with the condition that the new sign be turned off between the hours of 12:00 -6:00 a.m. MADE by E. Steffen; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
VI. REQUESTS FOR RETURN OF BONDS:
a.) Blue Pt. Inc., 90 Ingham Hill Rd., Map 35/Lots 11& 12 – Landscaping Bond $2,000.00
b.) Blue Pt. Inc., 205 Old Boston Post Rd., Map 28/Lot 41-1 –Return half of $21,500 Landscaping Bond ($10,750), + $2,600 SE/SC Bond = $13,350.00
c.) Say Main, LLC, 166 Main St., Map 37/Lot 128 – Completion Bond/Parking Lot $19,400
Enforcement Officer Chris Costa has no problems with the release of the above bonds.
MOTION to Return Landscaping Bond for Blue Point Inc., 90 Ingham Hill Rd., Map 35/Lots 11&12 in the amount of $2,000.00 MADE by E. Steffen; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Old Saybrook Zoning Commission Meeting Minutes October 16,2006
MOTION to Return half of $21,500 Landscaping Bond ($10,750) and $2,600. SE/SC Bond, for a total of $13,350 for Blue Point Inc., 205 Old Boston Post Rd., Map 28/Lot 41-1; MADE by E. Steffen; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to Return Completion Bond/Parking Lot FOR Say Main, LLC, 166 Main St., Map 37/Lot 128, in the amount of $19,400 , MADE by E. Steffen; SECONDED: by R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, C. Sohl, OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Alternate G. Lewis arrived at 7:17 p.m.
Attorney Royston was not yet present for item VII
MOTION to change agenda and move up item IX (Committee Representative and Staff Reports) to follow item VI MADE by E. Steffen SECONDED: by C. Sohl; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IX. COMMITTEE REPRESENTATIVE AND STAFF REPORTS:
-Zoning Enforcement Officer advised commission that Inland Wetlands Officer, Damon Hearne is taking a new position in Farmington, Ct. His last day is Friday, October 20. Zoning Officer Costa will temporarily replace Damon until the position is filled.
-Letter directed to Zoning Chairman from Mr. Roger Rose. He is interested in opening a physical fitness/indoor play scape for children (ages 5 and under) in an I-1 zone. Facility would have 1-2 staff, and would be open from 7-7. He stressed this is not day care, that parents would attend with their children. He would like to include retail and food service area. Commission discussed and stated there can be no food preparation on site, only vending type items sold. An area to sell retail is allowed, but the items for sale must be related to the site. The commission suggested Mr. Rose present his ideas to the commission at a future meeting.
Atty Royston arrived at 7:35 p.m.
VII. OLD BUSINESS:
Modification to Approved Site Plan Review Application – CZC #06-023
The Children’s Tree Montessori School, 96 Essex Road, Map 59/Lot 5-1, B-2 District
Applicant: Marci Martindale Agent: Joe Wren/Attorney David Royston
The applicant and Attorney David Royston, were present. Attorney Royston reviewed zoning regulations, specifically section 8.13, and its interpretation.
Old Saybrook Zoning Commission Meeting Minutes October 16, 2006
This issue concerns the location of the school and the nearby liquor establishments: The VFW, The Comfort Inn, and Vinnie’s Restaurant.
Attorney Royston explained that this zoning regulation (written in 1977), was intended to restrict liquor establishments from being too close together; that it did not specifically prohibit liquor establishments from being within 500 feet from schools or churches.
Attorney Royston noted that the issues stated in the letter addressed to the Zoning Commission from Attty Cassella, (representing the Comfort Inn), are not relevant to a site plan review.
The applicant has an eight-foot fence and a large parking area. Both sufficiently obstruct any view between the two locations. Attorney Royston noted the proximity of the O.S. Diner to the day care facility, “My Second Home”.
Attorney E. Cassella from the law firm of Cloutier and Eddy addressed the commission, disagreeing with Attorney Royston’s interpretation of the zoning regulations. He noted an approval of this site plan jeopardizes his client with its annual liquor license renewals. Attorney Cassella also noted the approval of this site plan, would make the Comfort Inn a non-conforming use, prohibiting any type of future expansion/addition. He emphasized that a school is not compatible to this neighborhood. (Per section 51.5.11)
Attorney Royston stated this is a very mixed-use area ranging from residential to restaurants to marinas, etc., and that a school would be a definite upgrade/benefit to the neighborhood.
E. Steffen questioned the Health Department approval. Applicant stated she has complied with all requirements.
W. Harris stated he believed the content of the regulation was to keep schools away from drinking establishments.
C. Sohl confirmed with the applicant that there are no walkers to the school, that all children will be picked up and dropped off by parents.
The Zoning Enforcement Officer reported the Fire Marshall report has been received.
Still awaiting on Traffic Officer Adam Stuart’s report.
ZEO and applicant will follow up with Town Engineer’s report and recommendations.
Alternate Member G. Lewis left meeting at 8:12 p.m.
It was noted by Attorney Royston that the Department of Education has no regulation prohibiting the location of this school.
The Commission noted the hours of operation at the school, which would not overlap with the hours of the area liquor establishments.
Old Saybrook Zoning Commission Meeting Minutes October 16, 2006
MOTION to approve the SITE PLAN REVIEW APPLICATION/COASTAL SITE PLAN REVIEW APPLICATION; Modification to Approved Site Plan Review Application, CZC# 06-243, The Children’s Tree Montessori School, 96 Essex Road, Map 59/Lot 5-1,B-2 District with the condition that the reports/comments from the Fire Marshall, Town Engineer, and Town Traffic Commission are received and addressed MADE by E. Steffen; SECONDED: by C. Sohl; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, M. Fish, C. Sohl; OPPOSED: W. Harris; ABSTAINING: none; APPROVED: 4-1-0.
8:27 p.m.
VIII. PUBLIC HEARINGS:
A. SPECIAL EXCEPTION USE APPLICATION – CZC #06-204; 63,400 S.F. one-story
Big-Y grocery store; six additional one-story retail buildings consisting of a total of 72,500
S.F. – Boston Post Road/Spencer Plains Road; Map 25/Lots 28,29,30,32,32-1 and Map 26/
Lots 2,6-10,6-11,6-12 & 6-16. B-4 Zone
Applicant: Max’s Place, LLC Agent: Attorney David M. Royston
Attorney Royston reported they are still awaiting four to five reports before making final modifications to the site plan.
Noted the Building Department report was received on 10/16/06. Applicant has discussed suggested revisions with Town Engineer, and with Wendy Goodfriend of the Ct. River Coastal Conservation District, Inc.
Attorney Royston submitted a letter to the commission dated 10/16/06 requesting/consenting to an extension for completion of Public Hearing through the next regularly scheduled zoning meeting on 11/06/06.
Zoning Enforcement Officer Costa pointed out that a CAM application is required due to an area of lot 16, (to be used as a detention basin). Attorney Royston will proceed with the appropriate applications.
Discussion was held with regard to drainage, traffic signals, lighting plans, height of structure. These issues will be addressed when the final reports are received.
Chairman Friedmann opened the Hearing to the public.
--Jane Steltenpohl of Summerwood Condominium Association spoke against the project, stating it is not keeping with the character of the neighborhood.
--Jean Castagno of 75Fenwood Drive reiterated her approval of the project, stating it is a positive addition to the area. Benefits to increased jobs and tax revenue.
--Earl Greenhoe spoke with concerns as to the size of the plan, stating Center Road is intended for smaller businesses. Questioned commission on number of trees to be removed. He strongly supports the suggestion of traffic lights. Chairman Friedmann assured Mr. Greenhoe that an
adequate landscaping buffer would be enforced.
Old Saybrook Zoning Commission Meeting Minutes October 16, 2006
Per ZEO Costa responses received since the last Public Hearing include:
Town of Westbrook
Building Department
DOT
Larry Bonin, Public Works Dept
The Commission is still awaiting reports from
Alan Platus of Yale Urban Design (will be submitted by 11/06/06 meeting)
Guy Pendleton, Deputy Tree Warden
Planning Commission
MOTION to continue Public Hearing for SPECIAL EXCEPTION USE APPLICATION – CZC #06-204; 63,400 S.F. one-story Big-Y grocery store; six additional one-story retail buildings consisting of a total of 72,500 s.f. – Boston Post Road/Spencer Plains Road; Map 25/Lots 28,29,30,32,32-1 and Map 26/ Lots 2,6-10,6-11,6-12 & 6-16. B-4 Zone to the next regularly scheduled Zoning Commission meeting to be held on November 6, 2006 at the Acton Public Library, at 8:00 p.m. MADE by E. Steffen; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. Petition to Amend Zoning Regulations – Section 64-Signs
Petitioner: Max’s Place, LLC Agent: Attorney David M. Royston
ZEO gave Attorney Royston the Planning Commission report, dated 10/11/06. Discussion held about definition of intensity of illumination, and how to put that into language so that it is an enforceable standard.
Attorney Royston presented the commission with a letter to continue public hearing through 11/06/06 meeting.
No comments from the public. After discussion with the commission, it was decided to close public hearing. Attorney Royston withdrew his letter.
MOTION to close public hearing on Petition to Amend Zoning Regulations – Section 64-Signs, MADE by W. Harris; SECONDED: by E. Steffen; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Old Saybrook Zoning Commission Meeting Minutes October 16, 2006
C. Petition to Amend Zoning Regulations – Section 55, PRD – To exclude special flood
hazard areas from lot area requirements Petitioner: Michael Rice
Mr. Rice gave a review of his petition. This involves the Zoning Regulations and Subdivision Regulations that that require new building lots to have a certain amount of “minimum area of build able land”(MABL), exclusive of “land delineated as a Special Flood Hazard Area”. Mr. Rice noted however that in the Planned Residential Development District Regulations, only “tidal and inland wetlands and watercourses” is stated; the reference to special flood hazard area is missing. This omission and inconsistency in regulations could result in unwanted PRDs.
Reports received to date from our Town Engineer, Planning Commission,CRERPA, and the Conservation Commission were all in support of this petition.
It was established that as a resident of the Residence A District, Mr. Rice has the legal standing to file this application.
ZEO confirmed that Ordinance 71 Fees have been received.
Mr. Rice presented the Commission with a draft resolution, dated 10/16/06.
Chairman Friedmann opened hearing to the public. No comments.
MOTION to close public hearing MADE: by R. Friedmann; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0 MOTION to approve the Petition to Amend Zoning Regulations – Section 55, PRD:
MOTION to approve the Petition to Amend Zoning Regulations Section 55, PRD:
WHEREAS the Commission has been advised of an inconsistency between the provisions of Section 55, Planned Residential Development District, of the Zoning Regulations, and Section 7, Area, Location and Bulk Standards, and correlative provisions of the Subdivision Regulations, in that the provisions of section 7 relating to minimum area of buildable land exclude "land delineated as a Special Flood Hazard Area, but the provisions of section 55 relating to lot size and dwelling unit density do not;
WHEREAS the Commission finds that restriction of additional development in areas subject to flooding has been an element of Old Saybrook land use policy since adoption of the provisions of section 7 relating to minimum area of buildable land in 1995, and that such policy has been ratified in recent proceedings before this Commission and the Planning Commission; and
WHEREAS a petition to amend sections 55.6.1 and 55.6.2 of the Zoning Regulations to correct this discrepancy by adding language to exclude "land delineated as a Special Flood Hazard Area" from land considered in lot size and dwelling unit density calculations has been received, and such petition is supported by the Conservation Commission, the Planning Commission, and the Connecticut River Estuary Regional Planning Agency.
NOW, THEREFORE, BE IT RESOLVED that the Old Saybrook Zoning Regulations are hereby amended as follows:
Section 55.6.1 is amended to substitute for the phrase "exclusive of tidal and inland wetlands and watercourses" appearing in the first sentence, the phrase "exclusive of tidal and inland wetlands, watercourses, and land delineated as a Special Flood Hazard Area (as defined in section 54.1)."
Section 55.6.2 is amended to substitute for the phrase "exclusive of tidal and inland wetlands and watercourses" appearing at the end of the first two paragraphs and the first sentence of the third paragraph of said section, the phrase "exclusive of tidal and inland wetlands, watercourses, and land delineated as a Special Flood Hazard Area."
And BE IT FURTHER RESOLVED that notice of this amendment shall be published promptly in accordance with section 8.3 (d) of the Connecticut Statutes, and this amendment shall be effective December 4, 2006, and that the regulations will further be amended to change the definition of special flood hazard area (Section 9) to read: FEMA designated flood plain zones A1-A30 and
V1-V30, which are delineated on map entitled “Flood Insurance Rate Map; Town of Old Saybrook, Connecticut, Middlesex County, Community Panel Number 090069-0001-A”, Page 1 of 1, effective July 3, 1978, prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, and as the Zones may be amended from time to time by the Administration, which map is hereby made a part of these Regulations and is hereinafter referred to as “Flood Insurance Rate Map”. The “special flood hazard areas” are areas of the Town where there is a one percent chance of flooding in any given year. This Flood Insurance Rate Map also identifies base flood elevations above mean sea level for Zone A1-A30, and Zone V1-V30 MADE by R. Friedmann;
SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Sohl; OPPOSED: E. Steffen, W. Harris; ABSTAINING: none; APPROVED: 3-2-0.
Prior to the motion, there was discussion held with regard to the commission waiting to deliberate. W. Harris and E. Steffen wanted more time to review petition.
Zoning Enforcement Officer Costa stated she would prefer waiting on deliberations to closely review and make sure the language is correct to Amend Zoning Regulations.
D. SPECIAL EXCEPTION USE APPLICATION /COASTAL SITE PLAN REVIEW
GATEWAY CONSERVATION ZONE
Residential additions totaling 1,609 S.F., 94 River St., Map 49/Lot 17, A District
Old Saybrook Zoning Commission Meeting Minutes October 16, 2006
Applicants: Andy and Phyllis Gregor
Attorney Edward Cassella was present for the applicants. This public hearing is to be continued, because the applicant is going for a variance with the Zoning Board of Appeals. Chairman Friedmann commented on several questions with relation to the site plan. Per Attorney Cassella all concerns will be addressed at the next public hearing.
MOTION to continue Public Hearing for SPECIAL EXCEPTION USE APPLICATION/ COASTAL SITE PLAN REVIEW GATEWAY CONSERVATION ZONE; Residential additions totaling 1,609 S.F., 94 River St., Map 49/Lot 17, A District until the Zoning Commission meeting of November 20, 2006 at the Pasbeshauke Pavilion MADE by R. Friedmann; SECONDED: by E. Steffen; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IX COMMITTEE REPRESENTATIVE & STAFF REPORTS (Continuted)
Zoning Officer Costa reported on several pending zoning issues.
-Lamarco: Chris Costa gave update, letter sent from Branse and Willis to the Lamarcos
-Stark Properties: Letter sent from Branse and Willis to Jill of Stark Properties.
-Guilford Savings Bank: Applicant stated island is too small to hold proposed tree. Commission suggested making a wider island, or planting a smaller tree.
-Gagne: Chris showed commission proposed roof changes to this property, to bring it to proper height.
X ADJOURNMENT:
Chairman Friedmann adjourned the meeting at 10:15 p.m, until the next regularly scheduled meeting to be held at the Acton Public Library on November 6, 2006, 60 Old Boston Post Road, at 7:00 p.m.
Respectively submitted:
Maura Farbotka
Recording Clerk
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