Minutes Regular Meeting Monday, March 17, 2008 at 7:30 p.m. Pasbeshauke Pavilion at Saybrook Point Park 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 Madeleine Fish, Vice Chairman
Walter Harris, Secretary
Paula Stuart, Regular Member
Carl Garbe, Regular Member
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 Member G. Lewis will be seated for Vice Chairman M. Fish.
P. Stuart arrived at 7:33 p.m.
The following commission members will be seated for tonight’s meeting: R. Friedmann, W. Harris, P. Stuart, C. Garbe, and G. Lewis. Chairman Friedmann reminded C. Garbe and P. Stuart to listen to the tapes and review the hand out of the power point presentation from the 03/03/08 meeting and state they feel qualified to deliberate on this matter.
III. REGULAR BUSINESS
A. MINUTES
MOTION to approve the minutes of the March 3, 2008 meeting as submitted; MADE: by R. Friedmann; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, W. Harris, G. Lewis, C. Sohl, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. CORRESPONDENCE:
MOTION to pay Branse and Willis for invoice #17773 in the amount of $319.00, invoice # 17776 in the amount of $29.00, and invoice # 17774 in the amount of $101.50; MADE: by W, Harris; SECONDED: by R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, W. Harris, P. Stuart, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IV. PUBLIC HEARING: (Cont’d.):
A. SPECIAL EXCEPTION USE APPLICATION
COASTAL SITE PLAN REVIEW APPLICATION
Construct Gabion Wall along Connecticut River
9 Rivers Edge Road, Map 64/Lot 64-19, Residence AA-3 District
Applicants: David & Betsy Sams & James & Jean Nichols Agent: Gary Sharpe
Attorney Daniel Kleinman continued his presentation discussing what the proposed wall will look like in summer months. He stressed the irrigation system; regular maintenance and bonds set that will insure its success.
Landscaper Chris Lowrie showed an enlarged actual photo of the site, and an enlarged photo rendering of the property in the summer. Mr. Lowrie feels this is an accurate representation of what the wall would look like with vegetation in the summer months.
A letter written by Attorney Kleinman, dated 3/17/08 was submitted into the record. This letter is in response to the 4/28/05 letter from the Zoning Commission.
A second letter from Landscape architects Talcott and Associates, dated 3/10/08 was read and submitted into the record by C. Lowrie; it summarized the site and all exhibits submitted for this project.
Attorney Kleinman stressed the Sams wall is such a unique situation and property. He urged the commission to consider the topography and unique nature of this site when making their decision.
Discussion held with regard to the Gateway Standards and its relevance to this site. Mr. Kleinman reiterated their position that this is a retaining wall, and not an erosion control structure. There was no clearing of land.
A letter from Attorney Jeff Mirman, dated 3/17/08 was also submitted into the record. This letter specifically addresses points by the DEP.
After questioned by Attorney Eric Knapp, Mr. Kleinman confirmed he would be withdrawing the special exception application. Discussion held with regard to date for site plan application. ZEO Costa confirmed the application was received in the Land Use Department on 1/23/08, resulting in an official date of receipt of 02/04/08. Attorney Kleinman stated the applicant is prepared to grant any extension needed.
A report from Eastern Analytical Laboratories was submitted for the record, which indicates the salinity readings are well below the limit the DEP uses as a defining factor for Coastal Waters.
R. Friedmann raised questions looking for clarification to report on salinity from Eastern Analytical. Engineer Gary Sharpe will clarify the report and its results.
R. Friedmann questioned several aspects of J. Mirman’s 3/17 letter.
C. Lowrie clarified statements including alternative options, the use of one wall instead of two, and discussion on grade/contour and height of wall.
The Commission and Attorney Kleinman discussed definition/interpretation a structure in Sec. 9.
No final conclusion was made.
IWWC representative C. Sohl noted there is a small amount of wetlands on Nichols property, however the location of the wetlands are high enough above gabion wall so that they would not be impacted. He confirmed the IWWC commission issued a permit.
G. Jacobson’s 2/15/08 letter was thoroughly reviewed.
Discussion held how to determine which parts of wall fall under ZC jurisdiction and which under the DEP jurisdiction. Attorney Knapp advised the commission that entire wall falls under the ZC. He noted that even if the ZC approves, applicant would still have to satisfy all DEP requirements. He suggested this be a condition for approval.
ZEO Costa questioned if CAM application will also be withdrawn. Attorney Kleinman will not remove the CAM application, but still feels it is exempt under regulation 59.2. Section 7.4.7, which references retaining walls, was also discussed.
C. Sohl questioned reliability of irrigation /maintenance system and the lifespan of plants to be used. Mr. Lowrie explained only permanent, native, self-renewing plants would be used. In addition there would be willows and dogwoods planted at top of the wall.
The irrigation plan was discussed in addition to measures taken to prevent freezing. Mr. Lowrie stated that during the initial 3-5 years of the wall, he expects to go to the site 2 times per month to monitor. He noted there would be no chemicals or insecticides to be used on plantings or lawn.
Attorney Kleinman confirmed that if property were sold, the purchaser would have to follow requirements to town’s satisfaction.
Discussion held if public hearing could be closed and if variance needs to be filed. Attorney Knapp suggested public hearing can be closed, and if variance is filed the ZBA decision can be accepted by staff.
ZEO reviewed referrals received to date.
ZEO will await clarification from Eastern Analytical on salinity levels.
Attorney Kleinman again urged commission members to review tapes and power point presentation distributed.
MOTION to close public hearing ; MADE: by G. Lewis; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, W. Harris, P. Stuart, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
V. OUTDOOR SEATING RENEWALS
ZEO Costa advised the Commission that last year there were 29 out door seating applications mailed out. Due to the closing of Vinnie’s Saybrook Fish House, this year there were 28. To date 9 have been received with no changes: Café Toscana, Dock and Dine, Liv’s Oyster Bar, Main Street Tavern, The Monkey Farm, Savory, Subway, Terra Mar, and the VFW.
One discrepancy was noted on the renewal from Cuckoos nest that listed one less table than last year. ZEO will follow-up to see if this is an error.
Commission instructed ZEO to send an application for outdoor seating to Sals’s Pizza.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
Eric Knapp and ZEO Costa reviewed the following files in litigation with the Commission:
-Dirt, LLC. ZEO Costa and Attorney Knapp attended a pretrial hearing on 3/10/08. Eric stated an offer was made for Dirt LLC to pay $5,000.00 in legal fees in addition to them being required to file all the necessary permits. This offer was rejected. A trial is scheduled for late July.
Stark (Pathway Lighting, 175 Elm Street) The ZEO discussed the ongoing file and that an application for a Site Plan modification is anticipated soon.
-Rock Martel, 78 Neptune. Permit expired in 1994. The DEP became involved in 2003-4 due to activity and a shed in wetlands. The ZEO was never notified by the DEP that the violations were resolved in March 2007. The heavy excavation equipment still remains on property. A special exception permit is still required, and the original cease and desist remains in effect. Another letter was sent to Mr. Martel on 3/7/08. The Commission instructed the ZEO to wait 30 days, and if no word from Mr. Martel, then refer to E. Knapp to handle.
Baldwin Bridge Mobil station on Boston Post Road is conducting an environmental clean up. Requires shed for soil/vapor extraction for a minimum of 4 years on property. ZEO to handle administratively.
ZEO issued several Cease and Desist letters to businesses for violations of prohibited A-frame signs. The ZEO has also begun distribution of eighty friendly reminders to Main Street businesses on how to avoid violations.
ZBA granted variance to Dave Viggiano to have seasonal stand at parking lot of Atlantic Seafood. Per commission, okay for ZEO to handle administratively.
Denvir Tire, 828 Boston Post Road. Looking to reopen small section of building for either hairdresser or light office use. Had previous approval in 1983. Okay for ZEO to handle administratively.
VII. ADJOURNMENT
Chairman Friedmann adjourned at 10:00 p.m. until the next regularly scheduled meeting to be held on Monday, April 7, 2008 at the Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension at 7:30 p.m.
Respectively submitted:
Maura Farbotka
Recording Clerk
| 
