Regular Meeting Minutes
Monday, June 16, 2008 @ 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
Charlie Sohl, Alternate Member
John Duhig, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
III. REGULAR BUSINESS
A. MINUTES
MOTION to approve the minutes of the June 2, 2008 meeting as presented; MADE: by R. Friedmann; SECONDED: P. Stuart; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, P. Stuart, C. Garbe; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. CORRESPONDENCE
MOTION to pay Branse & Willis invoice #s 18745, 18746, 18747, 18750, 18744 in the amount of $ 1522.00; Bills relating to pending litigation: Sams Wall (9 Rivers Edge), Affordable Housing, Stark Properties (175-5) Elm, Dirt, LLC., MADE: by R. Friedmann, SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, P. Stuart, C. Garbe; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
-Rock Martel, 78 Neptune Drive: Commission reviewed letter from Mr. Martel requesting an extension before pursuit of litigation. Commission reiterated that they would not grant an extension on this matter, due to the fact it has been on-going since 1990. ZEO advised that legal staff has already prepared a civil summons for the matter, and that on June 4, 2008 a sheriff was retained to serve the summons to Mr. and Mrs. Martel.
IV. NEW BUSINESS
REQUEST FOR RETURN OF $3,850 BOND ($2,850 SE/SC; $2,000 Landscaping)
Discussion about concerns of lack of landscaping in northwest planters and mulch piles located on the site. ZEO Costa did not feel landscape requirements have been completed.
MOTION to hold $1,000.00 of Landscaping Bond, and release the remaining SE/SC Bond; MADE: by R. Friedmann, SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, P. Stuart, C. Garbe; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
V. DISCUSSION FOR TEXT AMENDMENT
Dirt, LLC; Spencer Plains Road Attorney Edward Cassella
MOTION to amend the agenda for a preliminary discussion with Attorney Edward Cassella representing Dirt, LLC; MADE: by P. Stuart; SECONDED: by C. Garbe; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, P. Stuart, C. Garbe; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Attorney Cassella discussed with the Commission an idea for a text amendment to permit gravel/soil screening operations as an accessory use to building contractors, businesses, and storage yards in the B-4 Zone. The Commission expressed concerns regarding locations adjacent to retail businesses, noise, and visual screening. The Commission members agreed that the use is permitted in the Industrial I-1 Zone, and that use was too intense for the B-4 zone. Concerns were raised that the B-4 Zone is the Gateway Zone, and the visual appearance of screening use did not coincide with the purpose of the Gateway Zoning District. Attorney Cassella thanked the Commission for their time.
VI. WORKSHOP
The Commission reviewed workshop notes from 2003 regarding uses in residential zoning districts. The Commission members determined if uses should remain permitted, site plan or special exception. The Commission instructed the ZEO to refer the purpose statements for each residential zone to the Planning Commission for comments. The ZC requested the ZEO schedule a public hearing to adopt the text.
VII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
-Max’s Place, LLC (Corner of Boston Post Rd.,/Spencer Plains Road): Request from Attorney David Royston to the Zoning Commission to return remaining Ordinance 71 fees. Discussion was held by the Commission regarding the need for further assistance from consultants to review legal documents and map revisions that the ZC has not yet received. The Zoning Commission instructed the ZEO Costa to retain the existing funds until after conditions were met and a Certificate of Zoning Compliance is issued.
-John Kwaznewski, Old Middlesex Turnpike: Mr. Kwaznewski is looking to open a scrap metal business. Items would be hauled to the site, and then shipped off the site by railroad car. The Zoning Commission cited many concerns some of which included: pollution, traffic, outside storage, appearance, and proximity to neighbors. The Commission advised Ms. Costa that they would like a full site plan application with a more detailed statement of use.
-Kentucky Fried Chicken (735 Boston Post Road): Request from Kentucky Fried Chicken to add a drive through window. The ZEO advised that these were not allowed in this zone. The Commission concurred with this interpretation.
-ZEO discussed new flood ordinance /map amendments, and advised the Commission of a Town Meeting scheduled for June 17, 2008 at the Middle School. Ms. Costa requested the support of the Zoning Commission in the matter of these revisions to the Town Flood Plain Management.
-ZEO gave a status report on zoning violations including filling of tidal wetlands at the Rutigliano property, 57 Vincent Avenue and alleged violations of the Zoning Regulations due to the installation of bird houses on neighboring property. ZEO advised the neighborhood issues have become time consuming including responding to numerous daily e-mails, phone calls and office visits. Matter was referred to Attorney Knapp in order to get the attention of the parties and resolve the matter.
VIII. ADJOURNMENT
Chairman Friedman adjourned at 8:15 p.m. until the next regularly scheduled meeting to be held on Monday, July 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
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