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ZC Meeting 10-06-08
Regular Meeting
Monday, October 6, 2008
Pasbeshauke Pavilion
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
Walter Harris, Secretary
Carl Garbe, Regular Member      
Geraldine Lewis, Alternate Member
Charlie Sohl, Alternate Member                           
John Duhig, Alternate Member                           
                                                                                                                

Attendant Staff    
Christina Costa, Zoning Enforcement Officer
Eric Knapp, Legal Counsel
Maura Farbotka, Recording Clerk

G. Lewis will be seated for Regular Member P. Stuart.

III.    REGULAR BUSINESS
          
           A. MINUTES

On page 1 under Item III, Section A:  Motion should read “SECONDED by P. Stuart”, not by G. Lewis.

MOTION to approve the minutes of the September 22, 2008 meeting as corrected; MADE: by R. Friedmann; SECONDED: M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Sohl; OPPOSED: none; ABSTAINING: W. Harris, C. Garbe, G. Lewis, J. Duhig; APPROVED: 3-0-4.
      

B.      CORRESPONDENCE

MOTION to pay Jacobson and Associates invoice #15376 in the amount of $28.25 & 15380 in the amount of $267.59 for a total of $295.84 MADE: by W. Harris;  SECONDED: by G. Lewis; VOTING IN FAVOR:  R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis;  OPPOSED: none; ABSTAINING:  none; APPROVED:  5-0-0.                      


MOTION to pay Branse and Willis invoice #19724 in the amount of $58.00, #19723 in the amount of $87.00, and #19722 in the amount of $884.50 for a total of  1029.50 MADE: by G. Lewis;  SECONDED: by M. Fish; VOTING IN FAVOR:  R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING:  none; APPROVED:  5-0-0.


IV.     REQUEST FOR RETURN OF BOND: ($54,300) $50,800 - Landscaping;
             $3,500 – SE/SC; CVS Pharmacy, CZC# 05-085; Boston Post Rd. &  Stage Rd.
             Map 40/Lot 14-17

This bond was received in November 2005.  ZEO Costa confirmed all plantings/landscaping is completely established.  

MOTION to approve the Request for Return of Bond to CVS Pharmacy for $50,800.00 Landscaping, and $3,500 SE/SC, for  a total of $54,300.00;  MADE: by G. Lewis;  SECONDED: by M. Fish; VOTING IN FAVOR:  R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING:  none; APPROVED:  5-0-0.



V.           MODIFICATION OF SITE PLAN:  CZC 06-283
             Construction of a six-unit affordable housing development in accordance with C.G.S. 830g
         509 Main Street, Map 23/Lot 78 – “Whittier Place” – Five buildings, Two affordable units
         Applicant:  College Point, LLC, c/o David Genovali      Agent:  David Royston

Attorney David Royston came to the commission requesting two modifications to the site development plan, approved in February 2007.  Attorney Royston explained Hope Partnership, who will be acquiring the affordable unit for no consideration now wishes to purchase the market unit.  Hope Partnership would like to switch the affordable unit from the 2nd to the 1st floor, and move the market unit to the 2nd floor of the duplex.

The second modification is to remove the proposed split rail fence which would mark the boundary of the Conservation Restriction Area.  Attorney Royston proposed using the standard town conservation markers which would mark at 100 foot intervals, in addition to signage provided by the Land Use Department.


Discussion held by the commission if they considered these requests to be minor modifications to the previously approved site plan.  The commission had no concerns with relocating the affordable unit from the 2nd to the 1st floor.  R. Friedmann however raised concerns over how effective the markers would be in separating the Conservation Restriction Area from the site.  He felt the fence more clearly marks and separates the two areas.


MOTION to approve the relocation of the affordable unit from the 2nd floor of the duplex to the 1st floor, and denial of the removal of the split rail fence; MADE: by R. Friedmann; SECONDED: by W. Harris; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.   



VI. SITE PLAN REVIEW APPLICATION:  Contractors’ businesses, storage, buildings
     [(1) 1221 s.f. and (2) 564 s.f.], parking and site improvements – CZC 08-165
     47 Spencer Plains Rd., Map 25/Lot 25, Gateway Business B-4 District
     Applicant:  Dirt, LLC (Thomas Van Epps, & Paul Burdick)     Agent: Atty Edward Cassella
Attorney Edward Cassella addressed the commission as a beginning of a process for site plan approval.  He states there is a strict time frame to get an application to the commission in order to meet the superior court agreement deadline, and that he wanted to get dialogue started with the Commission since the application was not complete at this time.   The presentation was to begin discussion of the application and his request for waivers of the submittal of architectural plans and landscaping requirements.   Attorney Casella acknowledged that he did not have time to address referral responses received to date and that a complete application addressing these issues would be provided at the next meeting. Cassella welcomed any comments to help move this application towards an approval.  He explained he will be presenting plans in the near future to both the IWWC and the ARB.  
Attorney Cassella reviewed the site with the commission, presenting them with plans and photographs of the area.  He indicated the buildings on site, including the 3 main buildings in addition to some farm buildings, hay houses, chicken coops and storage (trailers).  He explained two of the three buildings which do not meet the setbacks are grandfathered.  This is due to the fact that they have been in existence more than three years prior to any institution of a civil action.  
Attorney Cassella described the other businesses using the site which include Mehrtens Landscaping, Tom’s Lawn Care and Ibbitson Tree Removal.  He noted Ibbitson uses the property to store two trucks, and one woodchipper.  It was noted some farm animals remain on the site including 3 cows and approximately 15 chickens.  
Attorney Cassella discussed the different waivers he requests regarding landscaping on the perimeter buffer, and with regard to the landscape requirements within the parking areas.  
Per Attorney Cassella:
  - No public water supply, no septic system.  A temporary port-o-potty will be installed on site
  - There is no outdoor lighting.
   - No signage proposed
  - Minimal traffic; only employees of the business on site.
Comments in both ZEO Costa’s and Town Planner Nelson’s reports were reviewed and addressed.  
C. Garbe questioned the water supply on site after viewing trucks being hosed off.
Suggestion made to conduct a site walk prior to the next meeting of 10/20/08.  This would be for the purpose of orientation of the site and review of existing landscaping so that the Commission could determine if a waiver would be appropriate.

Chairman Friedmann asked for clarification on height of a stone wall on the property.  

Discussion held at length about a date/time for the site walk.  Two dates were proposed:
(1). Friday, October 10th @ 1:00 or (2).Sunday, October 12 @ 1:00.  Attorney Cassella will discuss the dates with his client, and will contact ZEO Costa to schedule.

The commission clarified this is a pre-application meeting.  


VII.    COMMITTEE, REPRESENTATIVE & STAFF REPORTS

-ZEO Costa discussed a previously approved modification to Special Exception Application for North Cove Landing Condominiums, 446 Main Street to add two decks.   The deck at unit # 8 was never constructed.  A potential purchaser of that unit would like a 1 year extension to the previous approval, which expired in June of 2008.  The commission would not allow the extension since the application had expired.  A new modification would need to be submitted.

-The Back Porch Restaurant would like to use a portion of the unused area within the building to add two pool tables, and dart boards.  There would be a charge to the pool tables, however no charge for use of the dart boards.  Ok for ZEO to handle administratively.

-Request by the American Legion to host a car show on October 11.  Okay for ZEO Costa to handle administratively.

-Drs. Elgart and Pinn looking for small addition to business.  Per ZEO they have an approved variance.  Okay for ZEO to handle administratively as long as addition stays within the parameters of the variance.  

-ZEO Costa noted the 10/1/08 letter from CRERPA looking to coordinate a meeting with the boards and commissions from area municipalities. Land Use staff will coordinate.

-CLEAE Seminar to be held in Berlin, Ct. on 11/1/08.   Vice Chairman Madge Fish, and Alternate Member Gerri Lewis will attend.

-Discussion about minutes from a recent EDC meeting looking for a vision/plan for the area of town from Route 154 following to Ferry Road, Fourth Avenue areas.  ZEO Costa gave a summary of that meeting.

VIII.   ADJOURNMENT

Chairman Friedman adjourned at 9:30 p.m. until the next regularly scheduled meeting to be held on Monday, October 20, 2008 at the Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension at 7:30 p.m.


Respectively submitted,



Maura Farbotka
Recording Clerk