Minutes Regular Meeting
Monday, March 3, 2008 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point
155 College Street Extension
I. CALL TO ORDER
Chairman Robert Friedmann called the meeting to order at 7:30 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman Paula Stuart, Regular Member
Madeleine Fish, Vice Chairman Carl Garbe, Regular Member
Walter Harris, Secretary
Geraldine Lewis, Alternate Member
Charles Sohl, Alternate Member
John Duhig, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Eric Knapp, Legal Council
Maura Farbotka, Recording Clerk
Alternate Members G. Lewis and C. Sohl will be seated for voting.
III. REGULAR BUSINESS
A. MINUTES
MOTION to approve the minutes of the February 19, 2008 meeting as submitted; MADE: by M. Fish; SECONDED: by R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Duhig; OPPOSED: none; ABSTAINING: W. Harris, G. Lewis, C. Sohl; APPROVED: 3-0-3.
B. CORRESPONDENCE: None.
IV. PUBLIC HEARINGS:
A. SPECIAL EXCEPTION USE APPLICATION
COASTAL SITE PLAN REVIEW APPLICATION
Construct 7,200 s.f. Boat service/storage warehouse w/ attached 1,250 s.f. office
Fourth Ave. Extension, Map 59/Lots 61, 62, 62 – MC District
Applicant: Island Cove Two, LLC
Engineer Gary Sharpe and Attorney Bill Childress were present for the applicant. Mr. Childress
gave a description of the project, and presented the commission with a revised statement of use. Gary Sharpe described the application which includes a proposed 6000 s.f. Boat storage, 1250 s.f. Office space, and 1200 s.f. Maintenance space. Mr. Sharpe noted he would reduce the height of the building.
R. Friedmann stated a line should indicate outside back storage area. A revised site plan was distributed.
Kent Frost reviewed the landscape plans with the commission.
Discussion held with regard to saving large tree next to building. Per Commission, okay to eliminate four parking spaces; however the option was left open to remove tree in future if parking space was later needed.
M. Fish reported project is not seen from CT. River (from photos that were reviewed at recent Gateway Commission meeting).
Discussion held at length regarding specifics of site plan, including:
A steel bulkhead to act as a vehicle block, along the embankment which drops off to south. Bulkhead height to be maintained at no less than 18 inches due to gravel movement.
On site one way signs to be required.
Lighting should be cast down so does not spill over property line.
There will be no outdoor speakers.
Attorney Jane Cabo representing Mr. Zhang, a neighboring property owner raised concern over parking lot lighting and hours.
Discussion held on bond for 2nd year growth. G. Sharpe indicated soil testing recently done, and septic plan approved.
G. Sharpe provided revised site plan and copy of Health District approval.
MOTION to close public hearing MADE: by M. Fish; SECONDED: by R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, G. Lewis, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to approve the Special Exception Use and Coastal Site Plan Review applications to construct a 7,200 s.f. boat service and storage warehouse with attached 1250 s.f. office at Fourth Ave. Extension, Map 59/Lots 61, 62, 63 – MC District with the following conditions:
1. Height of building to be no more than 35 feet, when measured from pre-existing lowest point grade.
2. One parking space at Fourth Ave on north end will not be installed because it would require backing into the street.
3.Guardrail to be installed on south edge, facing eastward to prevent vehicles from going down slope.
4. Large tree at S/SW side to be preserved; the 4 proposed parking spaces will not be built so that the tree can be preserved. If spaces are needed then the tree shall be removed.
5.Steel bulkhead will be no less than 18 inches high from gravel parking surface, and maintained at all times.
6. Slope on north end will be stabilized with vegetation
7.Lighting on building will be shielded, and existing lighting will not spill over property line.
8.Tree species, not encumbering neighbor’s line of site will be planted.
9.SE/SC and Landscape bonds to be determined by Town Engineer.
That the project be approved because it is consistent will all applicable coastal policies, and includes all reasonable measures to mitigate any adverse impact.
MADE: by R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, G. Lewis, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to amend agenda and move Public Hearing C before Public Hearing B; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, G. Lewis, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
C. SPECIAL EXCEPTION USE APPLICATION/COASTAL SITE PLAN REVIEW APPLICATION
Construct Gabion Wall along Connecticut River; 9 River’s Edge Road, Map 64/Lot 64-19, Residence AA-4 District; Applicants: David and Betsy Sams & James and Jean Nichols; Agent: Gary Sharpe
M. Fish to step down. J. Duhig will be seated. M. Fish left meeting at 8:42 p.m.
Land Use Attorneys, Daniel Kleinman and Jeff Merman were present. Mr. Kleinman explained they are seeking approval of the retaining wall build in 2004. He stated the applicants take full responsibility for not obtaining the proper applications/permits prior to construction. Mr. Kleinman gave a thorough review of the history of the gabion wall. The Sams purchased the property in 1995, and first addressed erosion issues in 2003. Construction began in August 2004. The DEP inspected in September 2004, noting no permit or application had ever been filed. On December 8, 2004 ZEO Costa issued a Cease and Desist order. The DEP ordered the wall to be removed. The applicants made an appeal to the Superior Court in December 2007. There is a settlement conference scheduled on 03/25/08.
An application was filed with the ZEO in January 2008. Positive referrals have been received from the Planning Commission, and IWWC, which granted a permit in February 2008.
Engineer Gary Sharpe began a power point presentation reviewing the CT. River waterfront in relation to the Sams property. Due to the level of erosion, Mr. Sharpe explained the applicants needed to protect the property and the numerous mature trees. The erosion and steep slope had made it impossible for vegetation to grow. He noted this is a retaining wall to control erosion of a steep slope, not a shoreline erosion control structure.
Chris Lawrie and Drew Kenney of Landscaping Specialties were present. Mr. Lawrie continued the presentation, which included photos of the property prior to any wall being constructed. He indicated the trees inn danger, and the invasive plants. Landscape Specialties were hired for a solution to save the trees and patio and halt the erosion. Mr. Lawrie noted all work done was landward of the high tide line and only small machinery and hand labor was used. The specifics of the gabion wall were discussed and its construction. He noted a 4th tier became necessary.
The presentation showed photographs from 12/06 indicating the slope is then stable with no sign of erosion and that all trees are secure. Minimal backfill was brought in to support the wall. Mr. Lawrie reviewed the characteristics of making this a “Green Gabion Wall” with the commission. He stated this is consistent with all Gateway regulations by preserving trees and minimizing views of the residence. The proposed plan will also hide/minimize the views of the Gabion wall itself. The “green” wall would consist of 50% soil, and 50% stone. Slides of alternative solutions were shown, in addition to comparison with neighboring properties.
R. Friedmann questioned if any other trees were cut down. Mr. Lawrie confirmed none cut down by this applicant. Discussion held at length with regard to height of wall and stair treads. It was noted the existing grade was honored in this project.
J. Duhig raised question if grade of lawn was original grade of land. Applicants have made no alterations to land, and have strived to protect all trees.
R. Friedmann noted agenda should read AA-3 District, not AA-4.
Attorney Kleinman wanted it noted for the record that they appreciate the commission reviewing the application, and keeping the process moving. He invited the commission to a site inspection of the property. A packet of the power presentation was given to the commission. It was noted the correct website is www.maccaferri.com, which was listed incorrectly in a previous handout.
MOTION to continue public hearing until the next regularly scheduled meeting to be held on Monday, March 17, 2008 at the Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Ext. at 7:30 p.m.; MADE: by G. Lewis; SECONDED: by W. Harris; VOTING IN FAVOR: R. Friedmann, W. Harris, G. Lewis, C. Sohl, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. PETITION FOR TEXT CHANGES TO THE OLD SAYBROOK ZONING
REGULATIONS Petitioner: Old Saybrook Zoning Commission
Discussion held with the commission on the proposed text changes to the Zoning Regulations. R. Friedmann noted Attorney Royston’s request for a modification to accessory apartments. Currently the regulation requires the owner to live in one of the two dwellings. Attorney Royston wanted to require the owner to live in the dwelling for three years. Commission feels this change would open up properties to become two-family housing, and does not agree with his request for a modification.
Chairman Friedmann opened questions to commission and public. None.
MOTION to close public hearing; MADE: by G. Lewis; SECONDED: by r. Friedmann; VOTING IN FAVOR: R. Friedmann, W. Harris, G. Lewis, C. Sohl, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to adopt the text changes to the Old Saybrook Zoning Regulations as petitioned by the Old Saybrook Zoning Commission, with an effective date of 03/17/08; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, W. Harris, G. Lewis, C. Sohl, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
V. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
-Total Design, an interior design store to open at 180 Main Street.
-West Marine in Benny’s Plaza would like tent sale, (40x40). Discussion held with regard to if should be an application for modification to a special exception. ZEO to decide if applicant should file for modification.
-ZEO attended recent Gateway meeting, and will be working with Torrance Downes to clarify text.
-ZEO has its first appeal of interpretation of Gateway Regs at upcoming March ZBA meeting.
-George Hollister of CRWIII, (Center Road) is requesting a change in plan, which consists of moving bay doors, and merging them together. Plan will call for not as many doors. The parking
will be modified, but will include the same number of spaces. Commission directed ZEO to handle administratively.
VI. ADJOURNMENT
Chairman Friedmann adjourned at 10:50 p.m. until the next regularly scheduled meeting to be held on Monday, March 17, 2008 at the Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension at 7:30 p.m.
Respectively submitted:
Maura Farbotka
Recording Clerk
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