Minutes Regular Meeting
Monday, April 21, 2008
Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension
7:30 p.m.
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
Maura Farbotka, Recording Clerk
Alternate Member G. Lewis will be seated for Regular Member C. Garbe.
Alternate Member J. Duhig will be seated for Regular Member P. Stuart.
III. REGULAR BUSINESS
A. MINUTES
-Correction should be made as follows: On page 3, (3rd paragraph, 1st and 7th line) should read “Flood and Erosion Control Structure”.
-Resolution for Denial attached to minutes should read AA-3 District, not AA-1 District.
-Resolution should include Lot 19-1, (the Nichols property).
MOTION to approve the minutes of the April 7, 2008 meeting as amended; MADE: by W. Harris; SECONDED: G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. CORRESPONDENCE:
MOTION to pay Jacobson and Associates invoice #14531 in the amount of $56.50; MADE: by G. Lewis; SECONDED: R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Branse and Willis invoice # 18260 in the amount of $29.00, invoice #18261 in the amount of $29.00, invoice # 18262 in the amount of $304.50, a invoice # 18264 in the amount of $174.00, invoice # 18265 in the amount of $29.00, invoice # 18266 in the amount of $43.50, invoice # 18267 in the amount of $478.50, for a total of $1,087.50; MADE: by W. Harris; SECONDED: by R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IV. REQUEST FOR RETURN OF $16,800 LANDSCAPING-SE/SC BOND
Modification to Special Exception Use Application – CZC 07-121 – parking & landscaping
rearrangement - warehouse building, 90 Ingham Hill Rd., rear lot – Map 35/Lot 12-1
The first year growth was discussed. ZEO Costa confirmed all was adequate. Suggestion made to retain less than half of bond for 2nd year growth.
MOTION to release $11,800 of the Landscaping – SE/SC Bond, and retain $5,000.00 for 2nd year growth; MADE: by R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
V. PUBLIC HEARING:
SPECIAL EXCEPTION USE APPLICATION/CSP REVIEW APPLICATION
Addition of detached 1,064 s.f. three-car garage with 742 s.f. of storage above
7 River Edge Road, Map 64/Lot 18, AA-3 District, Gateway Conservation Zone
Applicant: Robert M. Mule, Trustee Agent Gary Sharpe, P.E
Ms. Brooke Girty, architect for the project, and Mr. Chris Caufield, builder were present. Mr. Caufield reviewed the proposal at length with the commission. It involves an addition of a 1,064 s.f. detached garage, and 742 storage space above. The applicant initially wanted to use this space above the garage as a guest room with a bath, however after conversations with the ZEO it was understood this would not be allowed. The applicant was anxious to move forward with the 3 car garage addition. Garage would have no heat, but would have plumbing for a potting sink to
be installed. Applicant has received septic approval; there is no increase in septic required, only a drywell added. There are no other utilities.
R. Friedmann confirmed with ZEO Costa that all setbacks have been met. The existing garage will remain on property. Mr. Caufield they would be returning at a later date to discuss possibilities for improvements over the garage.
Discussion held at length with the Commission and the applicants with regard to possible uses for this space. R. Friedmann explained guestroom was not permitted, because it is a detached building. The applicant discussed a possible playroom in the extra space, with one bathroom. After a lengthy discussion the applicants were advised of 2 possibilities to continue. They could continue with the application as it is, or the public hearing could be continued and plans for a play room could be brought to the next ZC meeting for review.
W. Harris raised concern over some of the trees being removed. The applicants provided numerous photos of the site which showed the trees on the property. After a discussion, it was agreed that 4 new trees will be planted, 2 to be located on the lawn area to break up the view of the house from the river. A landscape plan was discussed. Question raised on exterior lighting. Mr. Caufield confirmed all lighting will be shielded and pointing downward.
MOTION to continue public hearing on Special Exception Use Application, 7 Rivers Edge Road, Map 64/Lot 18; until the next regularly scheduled meeting to be held on Monday, May 5, 2008 at the Pasbeshauke Pavilion at 7:30 p.m.; MADE: by R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI. NEW BUSINESS:
A. APPLICATION FOR MODIFICATION TO APPROVED SITE PLAN
CZC #99-228 & COASTAL SITE PLAN REVIEW
Stark Properties (Pathway Lighting), 175-5 Elm St., Map 39/Lot 8-5, I-1 District
Modify parking lot and landscaping to reflect what is built (CZC #08-052)
Applicant: Stark Properties, LLC Agents: Alexander Tighe, Esq.
(NLT 6/25/08) Angus McDonald, Jr.
Attorney Alex Tighe was present for the applicant. Mr. Tighe gave a brief review of the history of this site. A 2007 site plan by Angus MacDonald, Jr. has been submitted. This is an update to the original plan of 1999. There are small modifications to the original landscaping plan; there have no changes to the building. The differences in the 2 plans were discussed. Parking spaces were reviewed. Attorney Tighe indicated a portion of the property to be transferred to the town. This section of the property is a berm, and at this time will remain as such, and will be maintained by the applicant. Mr. Tighe informed the commission he has worked extensively with Town Attorney Cronin, the Health Department, and both the Wetlands and Zoning Officers.
Per ZEO, parking is satisfied. ZEO Costa also advised the commission that this has been discussed with Wetlands Officer, Kelly Volansky. A suggestion was made by the ZEO to minimize disturbance adjacent to inland wetlands by placing planters in lieu of ripping up the pavement on the site for further landscaping. Mr. Tighe confirmed the applicant will maintain both the planters, and the berm. Discussion held when trees would be planted. Mr. Tighe suggested 60 days.
J. Duhig questioned how many shifts are involved at this location. Per A. Tighe, only one shift in operation from 7:30 am to 4:30 p.m. No lighting proposed.
Referrals received included the Health Department, Fire Marshal, and the Building Inspector.
MOTION to approve the Modification to Site Plan/Coastal Site Plan Review; Stark Properties, 175-5 Elm Street, Map 39/Lot 8-5, I-1 District, with the condition that the plantings required be done this planting season. That it be approved because it is consistent with all applicable coastal policies and uses all reasonable measures to mitigate adverse impact; MADE: by R. Friedmann; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. SITE PLAN REVIEW APPLICATION: Contractor’s office & warehouse
6 Center Road, W., Map 26/Lot 6-9, B-4 District Agent: Darcy Collins
Applicant: Duncan Downie
Per the request of the Ms. Collins, the application has been postponed until the next ZC Meeting on May 5, 2008.
VII. OUTDOOR SEATING RENEWALS (Cont’d.)
ZEO Costa updated the commission on the outdoor seating renewals received since the 04/07/08 meeting:
-Cloud Nine, Paesans, Vanderbrooke Bakery, Jack’s at Harbor One, Pizza Works, Tissa’s Market.
ZEO Costa noted that the application from Penny Lane Pub has been clarified, and includes 24 seats in front, and 10 in the alleyway. This number remains under the 25% max allowed.
-An application for outdoor seating has been mailed today to Mike’s Deli, Boston Post Road.
VIII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
-Tissa’s Market is considering a move to the former Magical Memories store at the corner of Old Boston Post Rd./ Main Street. Owner is looking to eliminate the convenience store, but keep Moroccan food service, with possibly 10 tables. Proposal should meet parking requirements. ZEO advised commission owner is aware that a Special Exception Application/Public Hearing would be required. Septic issues are being reviewed by owner before proceeding.
-The Commission reviewed, discussed and adopted a Resolution, drafted by staff regarding an incentive housing zone initiative. The Resolution will assist the Town in obtaining grant money for planning purposes.
MOTION to adopt the Resolution regarding Ct. General Statute 8-13 (m-x), to create incentive housing zones; MADE: by R. Friedmann; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
A copy of the resolution is attached to these minutes.
-Martel, 78 Neptune Drive; Re: Cease and Desist Order. The commission was provided with a letter sent to Mr. Martel from Eric Knapp, dated 04/15/08. ZEO Costa updated the commission, noting the applicant has since spoken with Attorney Knapp, and also sent his son to the Land Use Department to begin the process of the Special Exception Application. At that time the ZEO advised that an engineer should be hired to properly complete the application. After a discussion, the Commission agreed a definite timeline needs to be placed on this issue. It was agreed a formal, complete Special Exception Application must be received by the regularly scheduled zoning meeting of 05/19/08. If an application is not received at that time staff is requested to file action in Superior Court for failure to remedy the situation.
-ZEO Costa advised the commission that the DEP trial regarding the Sam’s wall, 9 Rivers Edge Road has begun. She is scheduled to testify Thursday.
-Liv’s Oyster Bar is interested in taking over the vacant space formerly occupied by the Clayhouse. They propose opening a separate, more casual restaurant (hours 7am-9pm).
There would be two separate entrances to each restaurant. The restaurants would be attached only by the shared kitchen.
Attorney Royston, representing Liv’s is requesting if this expansion can be considered a minor modification to the Liv’s Oyster Bar Special Exception Application (CZC# 05-336), which was approved by the Commission on 02/06/06. Discussion held with regard to parking, and overlap hours. Commission will consider this a minor modification to the Special Exception Application.
-Dirt, LLC. There in no further activity to report. Trial is scheduled to begin June 2008.
IX: ADJOURNMENT
Chairman Friedman adjourned at 9:15 p.m. until the next regularly scheduled meeting to be held on Monday, May 5, 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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