Regular Meeting
Monday August 6, 2007
Pasbeshauke Pavilion
155 College Street Extension
I. CALL TO ORDER
Chairman Friedmann called the special meeting to order at 7:30 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman Madeleine Fish, Regular Member
Elizabeth Steffen, Vice Chairman
Walter Harris, Secretary
Paula Stuart, Regular Member
Geraldine Lewis, Alternate Member
Charles Sohl, Alternate Member
Arcangela Claffey, Alternate Member
Attendant Staff Absent Staff Eric Knapp, Legal Counsel none
Christina Costa, ZEO
Maura Farbotka, Recording Clerk
E. Steffen arrived at 7:32 p.m.
Alternate C. Sohl will be seated for Regular Member, Madeleine Fish.
III. REGULAR BUSINESS
A. MINUTES
July 9, 2007: Attorney Eric Knapp briefed the commission with regard to a slight change in the wording of the motion for the Jandim Realty/Saybrook Commons Motion.
On page 3, #2: Motion to read: “That all necessary approvals have been issued by the WPCA and DEP for the proposed community sewage disposal system.”
MOTION to approve the July 9, 2007 minutes as amended MADE: by P. Stuart; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
June 18, 2007:
MOTION to approve the June 18, 2007 minutes as submitted MADE: by E. Steffen; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. CORRESPONDENCE
To be included under Staff Reports.
IV. DISCUSSION: “Village Centre Residences”
15 unit PRD, 226 Main St., Map 37/Lot 132
Clarification of bond and conditions of approval Agent: Attorney David Royston
Attorney Royston discussed G. Jacobson’s 06/13/07 letter and made note of the following recommendations:
-An arborist to review the construction proposed close to the large specimen trees, to insure it will not compromise their survival.
-Type of material and style for privacy fence should be specified.
-Resolution of inconsistencies to landscape plan should be corrected.
Attorney Royston confirmed all Mr. Jacobson’s recommendations will be met. He also noted, however that a reduced setback was previously approved by the Zoning Commission in order to obtain parking.
Attorney Royston inquired if it would be possible to post the performance bond prior to issuance of the first Certificate of Occupancy. He confirmed there has been no declaration filed yet. Attorney Knapp suggested that before the first unit is declared, the performance bond must be posted. Attorney Royston agreed with this suggestion.
MOTION to clarify the approval for Village Center Residences, 226 Main St., Map 37/Lot
132; Conditions of approval: 1.The performance bond will be posted before the first unit is declared; 2. An arborist will clarify the protection of the large trees (behind the Greenberg House); 3. Details of materials and style of privacy fence will be placed on the plans; 4. Any discrepancy on the planting schedule will be clarified and submitted to the Zoning Enforcement Officer as part of the plan; MADE: by R. Friedmann; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, C. Sohl; OPPOSED: none; ABSTAINING: P. Stuart; APPROVED: 4-0-1.
V. PUBLIC HEARING:
A. SPECIAL EXCEPTION USE APPLICATION – CSP REVIEW
Sale of motor vehicles (2 cars); no additional structures required
2 Center Rd. (Shoreline Quick Lube), Map 26/Lot 6-1, B-4 District
Applicant: Kelly Industries, Inc. Agent Angus McDonald, Jr.
Attorney William Childress and Mr. Brian Kelly were present. Attorney Childress explained the applicant would like to add two parking spaces to the approved plan for the display of cars. These spaces would come from existing pavement (only need to stripe). There will be no signage change. The recent ZBA and Planning Commission approvals were noted.
Attorney Childress also requested waivers from the commission for the architectural plans and the SE/SC bonds.
Chairman Friedmann requested location of the two display spaces. To be located on spaces at approximately the center of the site (going North to South) perpendicular to existing parking row.
R. Friedmann noted numerous signage on the plan located in the Right of Way, in addition to an electrical transformer.
R. Friedmann noted the commission can not approve any signage in the right of way or any signs violating the setback. These will not be considered part of this application.
Mr. Kelly confirmed no signage on vehicles. No vehicle repairs; business is only for detailing and lube jobs.
Coastal Site Plan: There will be no increase in pavement, no SE/SC, no impact on wetlands.
Per ZEO, approvals received from DEP, Fire Marshal and Planning. No report from Health Department.
Chairman Friedmann opened the hearing to the public.
Jean Castagno could not hear details of application. R. Friedmann explained. No further comments from public.
MOTION to close public hearing MADE: by R. Friedmann; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to approve the Special Exception Use Application and Coastal Site Plan Review
For the Sale of motor vehicles (2 cars); no additional structures or signage required at
2 Center Rd. (Shoreline Quick Lube), Map 26/Lot 6-1, B-4 District; with the application site plan dated 04/05/07. Commission is not approving any signage across the Right of Way, or any sign violating the setback. Waivers granted for the SE/SC bonds and for the architectural elevation drawings; that the project be approved as submitted because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate any adverse impact; MADE: by R. Friedmann; SECONDED: by E. Steffen, no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI. OLD BUSINESS:
A. DISCUSSION/DELIBERATION:
SPECIAL EXCEPTION USE APPLICATION/CSP REVIEW
One-story Big Y Grocery Store (67,693 s.f.) and three one-story retail buildings
(total of 39,500 s.f.), Boston Post Rd./Spencer Plains Rd./Center Rd., W.
Map 25/Lots 28, 29, 30, 32, 32-1, portion of Center Rd., W.
Map 26/Lots 2, 6-10, 6-11, 6-12 and 6-16, B-4 District
Applicant: Max’s Place Agent: Attorney David Royston
Chairman Friedmann noted a clarification needed to be made with regard to a commission member sending an e-mail, which contained a link to a web page. This communication was outside of the public hearing and is considered exparte communication, which is not allowed. Chairman Friedmann stated he did open the e-mail and the link, and now knows of this web site. He did not read anything further. No data was transferred to him with regard to the Max’s Place application. R. Friedmann states for the record that he did not receive any information that would impact his judgment on Max’s Place. He feels qualified to deliberate and decide on this application without being influenced by the exparte communication.
Chairman Friedmann then asked all commission members present if they received the e-mail, and if so, what impact would it have on their impartiality in the deliberations.
E. Steffen: Received the e-mail, but did not open. States there is no impact on her impartiality. She had no exparte communication and can take part in deliberations.
A. Claffey: Received and opened the e-mail. She saw what is was and went no further. This would have no impact on deliberations. She can deliberate openly and impartially.
G. Lewis: Received e-mail, but did not open because of a second e-mail which told her not to. Feels qualified to deliberate and will do so impartially.
P. Stuart: She did receive the e-mail, and was going to research it, but then received a second e-mail that said do not do this. She stated she feels qualified to sit.
W. Harris: He opened the e-mail, then contacted the Zoning Commission’s attorney. He feels qualified to deliberate.
C. Sohl: Received the e-mail, but did not open it because of the second e-mail telling him not to. There is no effect on his judgment.
Attorney Knapp noted each commission member has indicated they have not been tainted by opening the e-mail and can go forward. All members stated they can deliberate impartially to come to a decision on this application.
Chairman Friedmann gave a brief summary of the 139 exhibit items received on this application.
He reviewed the referrals received and the applicant’s response to each. The petitions (both in favor and opposed), photographs, and numerous letters from residents were noted. Multiple plans were submitted with this application, with the final revision date of 06/14/07. The 06/18/07 Statement of Use is the final revision.
The chairman noted the two Notices of Intervention filed separately by Mr. Ralph Gometz and Mr. Matthew Rubin. He reminded the commission this application also includes a Coastal Site Plan Review.
P. Stuart commented that she discovered that the problems associated with the Zenon System were in fact not the system, but due to human error with its maintenance. She confirmed this was taken from information previously received during public hearing.
Chairman Friedmann made note of the detention/retention basins being installed by the applicant, along with the replacement (not repair) of the Tidal Gate. He reviewed the traffic reports, fire protection on site, and engineering reports. He stated this application does comply with Section 52, and pointed out that this is a B-4 district, which is intended to be developed.
C. Sohl noted this application would have an environmental impact, causing changes in salinity of the water.
P. Stuart raised concern over heavy traffic, along with concerns of emergency vehicles access in an already busy traffic area.
E. Steffen agrees with health and safety issues, mainly with regard to traffic.
W. Harris stated he feels this plan works well with the town. It is consistent with the Platus Report and has addressed all flood, traffic and septic concerns.
R. Friedmann noted the applicant would hire a full time operator to monitor the Water/Drainage (Zenon) system, which should alleviate any concerns over maintenance.
He also stated that traffic has met many of the warrants required by the STC, and an approved traffic signal would greatly help the Center Road area @ Route 1. This plan meets the Plan of Conservation and Development.
Chairman Friedmann discussed the draft resolutions for both an approval and denial, and asked the commission for any input on either. It was noted to include no signage on flagpoles or the cupola into the draft resolution for approval. C. Sohl also suggested that all drainage improvements be installed prior to paving of the parking lot, along with SE/SC in place.
MOTION to table deliberations until the next regularly scheduled meeting to be held on August 20, 2007 at the Pasbeshauke Pavilion at 7:30 p.m.; MADE: by W. Harris; SECONDED: by E. Steffen; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, C. Sohl; OPPOSED: P. Stuart; ABSTAINING: none; APPROVED: 4-1-0.
Attorney Eric Knapp advised the Commission Members to review the draft resolutions for both approval and denial prior to the next meeting.
IX. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
-Dirt, LLC: The ZEO advised the Commission that she again visited the property since her meeting last month with Paul Burdick. Some cleaning had occurred including removal of signs, some vehicles, construction materials and relocation of buildings. The gravel screening operation and associated stockpiles were relocated over the Westbrook line. The ZEO advised that Mr. Burdick had again requested that the Commission stall the court proceedings. The ZEO advised Mr. Burdick that he should hire an engineer to begin permitting and that he should write to the Zoning Commission with a timeline to resolve violations and indicate a timeframe for permitting. The Zoning Commission advised that they decided to pursue this matter in Superior Court due to the property owner’s disregard and lack of
compliance with the Zoning Regulations. They instructed Attorney Eric Knapp not to stall the case and to aggressively pursue the court action in order to remedy the situation. They stated they must treat each violator equally, and have let these violations go on much too long.
-Montessori School- Attorney David Royston advised the commission that the owner is looking to sublease the separate building on the property. Looking to allow different wellness community workshops including parent/child activities, etc. Commission requested that the applicant list on a Statement of Use the activities to be provided. This can go to the ZEO for review.
-Sandpiper Inn: Owner looking to add deck to third floor area where family will be residing for purpose of installing emergency fire escape. Stated deck is not for social use. Commission advised to following building code, and to check with fire marshal. Ok for ZEO to handle administratively.
-O.S. Town Democratic Committee: To hold a 1 day tag sale /flea market in the O.S. Shopping Center on August 18, 2007. Commission said ok for ZEO to handle administratively. Noted not to use any more than 50 parking spaces, and all tents/tables for the event must be up and down in the same calendar day.
-Sign Removal- ZEO updated the Commission with the continued efforts regarding the removal of unwanted signage.
-Essex Text Change- No opposition from Commission.
-Big Pop Cycles- Cease and Desist issued and ignored. Letter from E. Knapp recently sent. Commission will continue to monitor.
-ZEO advised a new Inland Wetlands Officer has recently been hired.
-ZEO working on changes to Aquifer regulations.
-FEMA is updating Flood Maps and changes to flood ordinance.
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X. ADJOURNMENT
Chairman Friedmann adjourned to meeting at 9:45 p.m. until the next regularly scheduled meeting to be held on Monday, August 20, 2007 at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension at 7:30 p.m.
Respectively submitted:
Maura Farbotka, Recording Clerk
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