Tuesday, January 16, 2007
1st Floor Conference Room
302 Main Street
I. CALL TO ORDER
Chairman Friedmann called the regular meeting to order at 7:30 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman Geraldine Lewis, Alternate Member
Elizabeth Steffen, Vice Chairman
Walter Harris, Secretary
Madeleine Fish, Regular Member
Paula Stuart, Regular Member
Charles Sohl, Alternate Member
Kathy Edgar, Alternate Member
Attendant Staff
Chris Costa, ZEO
Eric Knapp, Consulting Legal Counsel
Maura Farbotka, Recording Clerk
III. REGULAR BUSINESS
A. Minutes
Correction should be made on page one. R. Friedmann arrived at the meeting at 7:50 p.m., not 7:38 p.m. Regarding motion on page 6, “Voting in Favor” should list K. Edgar, not P. Stuart.
MOTION to approve the minutes of January 2, 2007 as amended MADE by E. Steffen; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Alternate Member K. Edgar arrived at 7:40 p.m.
B. Correspondence
MOTION to pay Branse and Willis invoice #14323 in the amount of $420.50, #14322 in the amount of $310.30, #143.21 in the amount of $43.50, #14316 in the amount of $609.00 and #14317 in the amount of $217.50, for a total of $1600.80; MADE: by E. Steffen; SECONDED: by W. Harris; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Alternate Member C. Sohl arrived at 7:43 p.m.
-R. Friedmann discussed the Zoning Commission’s budget, noting legal bills.
-Discussed new IWWC map.
-Land Use Seminar to be held at Wesleyan University on 3/17/07; encouraged all commission members to attend.
- Quarterly Land Use Gathering to be held on 1/30/07 @ Pasbeshauke Pavilion @ 7:00 p.m.
-R. Friedmann noted 2 letters received at his home, regarding Max’s Place; one in favor of decision, one against.
IV. DISCUSSION (Cont’d): Determine legality of conversion of barn to apartment
12 Old Boston Post Road, Map 30/Lot 32, A Zone
Request of OBPR12, LLC By: Richard King, Member
Attorney Alex Tighe, co-owner of OBPR12, LLC was present, and gave a review of their plans. Tonight looking for Commission’s opinion. Existing law offices was given a variance in 1962 to become a professional office; however balance of property remains in a residential zone. Plan is to try and save barn, which is no longer safe, and to turn into a one bedroom residence. This is a pre-existing non-conforming property, by variance. Discussion was held at length with Attorney Tighe and the commission:
-Possibility of moving barn to comply with setbacks.
-Parking would have to be met, (2 required)
-Driveway would be by existing curb cut.
-Test holes done; residence would have separate septic system.
-Plan is proposing mixed use; does mixed use increase non-conformity?
Commission was polled and all members favor mixed use, and believe idea brings property closer to conformity.
W. Harris raised concern if barn needs to be torn down and rebuilt. Noted applicant would have to return to commission if this occurs.
VII. PUBLIC HEARINGS:
A. SITE PLAN REVIEW:
Construction of a Six-Unit Affordable Housing Development in accordance with
C.G.S. 8-30g (five buildings, two affordable units), 509 Main Street
Map 23/Lot 78, Residence A District
Applicant: College Point, LLC, c/o David Genovali
Agent: Attorney David M. Royston
P. Stuart will step down for this public hearing.
K. Edgar will be seated for Regular Member, P. Stuart.
P. Stuart left the meeting.
Attorney Royston discussed the following:
-Reiterated applicant felt they were exempt from CAM application, that they were not asking for waiver. Noted 1/10/07 e-mail from M. Balint of OLISP. So as not to delay proceedings, CAM application was filed. Response noted today.
-In regard to Zoning Commission’s budget issues, wanted it noted for record that the applicant is responsible for paying all technical fees, under Ordinance 71. Noted Ordinance 71 fees for this application are $10,627.15.
-Noted an error in the Maximum rent chargeable was pointed out by Attorney Michael Rice. An adjustment was needed, and Attorney Royston passed out a corrected sheet.
-Notice for public hearing not published in newspaper, as per state requirement. Requested that notice be published for 02/05/07 regular meeting and that the commission incorporate the proceedings of the1/2/07 and 1/16/07 ZC meetings into public record.
Per ZEO C. Costa, this was done on 01/16/07. The Commission questioned both Attorney Royston and Attorney Knapp, and both agreed public hearing can continue and can be legally valid.
With regard to the duplex, expansion of extra bedroom, (on 2nd floor unit) may be done by HOPE Partnership at time of construction, would be subject to all applicable codes, and could be done without any further regulatory review.
Attorney Royston noted that he expects the entire project be completed at the same time, but if this is not the case, he pointed out that the plan requires that the affordable housing units be completed first.
Since last meeting reports have been received from G. Jacobson, dated 1/12/07, and from S. Martinson, dated 1/12/07. Attorney Royston requested copy of this report, and the commission provided one to him.
Per ZEO, no other reports received to date. Still awaiting reports from Fire Marshal, Regional Planning, and CT. DOT.
Attorney Royston submitted for record a copy from Ct. Water Co dated 1/16/07, indicating that Ct. Water could provide domestic use and fire protection for the property.
Noted that per S. Martinson’s 1/12/07 report, state health dept. will have to approve prior to issuance of a building permit. Engineer will be arranging additional soil testing and site investigation prior to plan being submitted to State.
-noted G. Jacobson’s comment that plan must meet Flood Hazard Requirements.
-Attorney Royston commented on the e-mail received from M. Balint of the OLISP on 1/16/07. He strongly disagrees with her 2nd paragraph stating this plan would increase density at this area. States the proposal is within current zoning densities, and is only superceding those regulations not concerned with health and safety.
Applicant has complied with suggestion from W. Goodfriend for fencing, and will provide details of types of vegetation in swale.
Stuart Fairbank, engineer with McDonald/Sharpe Associates addressed the Parkosovich’s concerns of the 1/2/07 meeting, showing a swale which will feed the water out. The hammerhead was also rotated and extended by 5 feet to help any trucks turn around.
Mr. Fairbank noted he is still reviewing and coordinating comments from G. Jacobson’s report. He noted first inch at site goes into tidal wetlands, this will continue after development. This will also be aided by the added infiltration system on the site.
Mr. Fairbank noted he will show driveway on plans, and site will comply with all regs for Flood Plain Mgmt., and the existing house will be brought up to flood standards.
Flood elevations were discussed at length.
Question from commission on the total # of yards of fill to be brought into site. Mr. Fairbank will provide the number at the next meeting.
R. Friedmann noted the Ct. Water Company’s 1/16/07 letter indicating a 30 foot wide easement from Route 154 to Lighthouse Lane would be required. This would result in the removal of 2 of the cedar trees which now border Lighthouse Lane. No estimate for this was given at this time.
Chairman Friedmann opened the hearing to the public.
The following people spoke in favor of the project:
-Robert Fusari, of 8 Fencove Court. Builder, and member of HOPE Partnership. Great for affordable housing which is greatly needed in town. Submitted reports to the commission.
-Catherine Marchant, a HOPE board member. Understands some compromise is needed, but should take advantage of this opportunity.
-Christian Jenson, Jr. of 11 Coulter St., HOPE member, concurs with previous comments.
-Dennis Gay of Trolley Crossing.
The following people spoke against the project:
-G. Parkosivich of 2 Lighthouse Lane, submitted for photos from 10/28/06 and 1/1/07, showing heavy water. Concerned with plan changing pitch, adding to problem, and other health and safety concerns. E. Steffen noted there were excessively heavy rains in the area on 1/1/07.
-P. Parkosivich of 2 Lighthouse Lane stated excessive water and subsequent mold and health issues.
-D. Cartwright of 507 Main Street, his driveway runs adjacent. Several neighbors already have water drainage issues, and sump pumps; plan would increase.
-S. Gollect submitted photos indicating water across Main Street into North Cove. Cited direct ecological proplem for both North and South Cove. Mr. B. Hanson, a co-owner of College Pt., LLC stated this water occurs only when the culvert becomes clogged, not as a result of the site.
-L. Ritzhaupt of 10 Lighthouse Lane.
-Attorney M. Rice of 515 Main Street, also is representing 5 property owners of Lighthouse Lane. He addressed the commission at length, specifically discussing numerous safety and health issues. Questions if swale would be enough to remove water from site, and stated that even with rotation and increase in hammerhead, width of road is still an issue for emergency vehicles. He discussed emergency access in the event of flooding, and the problem of pollutants being “run-off” into Long Island Sound from the new homes.
Attorney Rice strongly feels health and safety consideration clearly outweighs the need for affordable housing.
Attorney Rice submitted the following to the commission:
-A representation letter, dated 1/2/07.
-National Fire Protection Association, 2003 edition.
-Flood Map (panel 2 of 4)
-Flood Insurance Study, from FEMA, dated 1/5/84.
-past DEP reports concerning property.
-Plan of Conservation and Development, adopted 9/17/03
-rating system for flood insurance
-Natural Hazard Mitigation in Ct.
-Book titled “Sudden Sea”, written by R.A. Scotti, about the 1938 hurricane.
-material from DEP website re: Water pollution on the shore.
-Fair market rentals for Southern Middlesex County, (from HUD)
-survey of available rentals in Old Saybrook..
-Draft of Resolution and Memorandum of Decision, dated 1/16/07.
-floppy disk of above resolution.
Attorney Eric Knapp questioned Mr. Rice on how the survey of rentals applies to the affordable housing.
Attorney Knapp questioned the commission as to whether or not they would be reading the book “Sudden Sea” which was submitted for record. Most members were unsure if they would read it. If they do read it, and find a section pertinent to this application, that specific section only would be used for public record, not the entire book.
MOTION to continue public hearing to next regularly scheduled meeting to be held on Monday, February 5, 2007 at the Pasbeshauke Pavilion, Saybrook Pt. Park, 155 College Street Extension at 7:30 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, K. Edgar; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Attorney Royston requested the commission to re- advertise and incorporate the proceedings of the 1/2/07 and the 1/16/07 Zoning Commission Meetings into public record. Request to also acknowledge this at next public hearing.
MOTION to re- advertise Public Hearing for February 5, 2007 to be held at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension at 7:30 p.m. MADE by R. Friedmann; SECONDED: by W. Harris; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, K. Edgar; OPPOSED: none; ABSTAINING: none; APROVED: 5-0-0.
B. MODIFICATION OF SPECIAL EXCEPTION USE APPLICATION
COASTAL SITE PLAN REVIEW APPLICATION
Stop & Shop, Elm St., Map 36/Lots 60, 80, 92, 93, 94, 95, 96, 103, B-2 District
10,167 s.f. addition, 64 new parking spaces and façade renovation
Applicant: The Stop & Shop Supermarket Company, LLC, c/o Matthew Rubin
Agent: Matthew White
A letter was received from the Matthew White, dated 1/10/07 requesting that the Public Hearing be continued. An extension was also authorized until 2/6/07.
.
MOTION to continue Public Hearing to the next regularly scheduled Zoning Commission Meeting to be held Monday, February 5, 2007 at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension at 7:30 p.m., MADE by E. Steffen; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
Several zoning issues were discussed.
-Little Acres farm would like to get another permit, to now be located at Tissa’s Market. Commission discussed at length farm markets, agreeing they may want to address seasonal stands.
-ZEO advised commission further legal bills to be submitted regarding property at Soundview Avenue.
-Attorney Knapp gave an update on the Sams Wall. This will be going to trial. Proposed settlement not acceptable to State or Town.
-AM Cup and Saucer: New owners, no changes.
-Saybrook Country Barn, needs more seats for restaurant. Commission agreed shared parking not possible.
VII. ADJOURNMENT
Chairman Friedmann adjourned the meeting at 11:15 p.m. until the next regularly scheduled meeting to be held on Monday, February 5, 2007 at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension at 7:30 p.m.
Respectively submitted:
Maura Farbotka, Recording Clerk
| 
