Regular Meeting
Monday, October 20, 2008 @ 7:30 p.m.
Pasbeshauke Pavilion
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 Carl Garbe, Regular Member
Madeleine Fish, Vice Chairman John Duhig, Alternate Member
Walter Harris, Secretary
Paula Stuart, Regular Member
Geraldine Lewis, Alternate Member
Charlie Sohl, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Eric Knapp, Legal Counsel
Maura Farbotka, Recording Clerk
C. Sohl will be seated for Regular Member C. Garbe.
III. REGULAR BUSINESS
A. MINUTES
MOTION to approve the minutes of the October 6, 2008 meeting as presented; MADE: by R. Friedmann; SECONDED: M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Sohl; OPPOSED: none; ABSTAINING: P. Stuart APPROVED: 4-0-1.
B. CORRESPONDENCE
M. Fish noted the Conservation Commission received an award from the Connecticut River Coastal Conservation District for efforts to protect, manange and promote open space.
IV. PUBLIC HEARINGS:
A. SPECIAL EXCEPTION USE APPLICATION/CSP REVIEW
Demolish and reconstruct residential building
14 Mulberry St., Map 25/Lot 5, A District, Gateway Conservation Zone
Applicant: Colleen D. Lallier, Trustee Agent: David Royston
Attorney Royston and the applicant were present. The plan involves demolishing the existing house, and constructing a new single story home. Attorney Royston explained the property is located in the Gateway Conservation Zone, and the total area of the new house and garage will exceed 3,500 s.f., triggering the Special Exception.
The property is located directly on South Cove and has tidal wetlands along a boundary line, requiring the applicant to obtain a variance from the ZBA.
Attorney Royston noted the Gateway Commission expressed no objection to this application or variance, with the understanding that the applicant would establish a vegetative buffer of non-invasive plantings along the boundary. Richard Snarski has prepared a planting plan; a revision of the Special Exception application including the proposed vegetative buffer has been provided.
Positive referrals from both the Planning Commission and the Health District were noted.
Attorney Royston reviewed both aerial photographs and plans with the commission. The front lawn of the property, which extends to the cove, will remain basically the same, except for a slight increase in grading to accommodate the new septic system. It was noted the new house will not extend any further towards the cove than the existing house.
The height of the house is approximately 31 feet, which is an increase due to flood elevations/requirements.
Attorney Royston stressed this application does nothing to harm the scenic, historic, or ecologic aspects of the river, and is consistent with all regulations. The addition of the vegetative buffer will enhance this property.
Chairman Friedmann questioned the proposed new driveway, and its access from the right of way to the garage, in addition to what will happen to the existing driveway. Plans were requested.
Discussion held at length about site elevation sheets required for all four sides.
C. Sohl raised concern with a tree to be removed due to the construction of the deck. Attorney Royston and the applicant suggested either modifying the deck plans, or planting a new tree if one does have to be removed.
W. Harris raised question about stairs in garage. Applicant confirmed stairs are to be removed, and area will be unfinished storage. Suggestion that this be condition for approval.
D. Royston stated the amount of cubic yards of fill to be brought in will be only what is required for the septic system. He also confirmed there is a soil and erosion plan.
Chairman Friedmann opened the hearing to the public. No comments.
MOTION to close public hearing MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to approve the Special Exception Use Application and Costal Site Plan Review to demolish and reconstruct a residential building at 14 Mulberry St., Map 25/Lot 5, A District, Gateway Conservation Zone with the following conditions: 1. Applicant to provide site elevation drawings for all sides. 2. The location of the new driveway to be clarified, along with plan for old driveway. 3. Deck to be modified to save tree, or new tree to be planted. 4. All flood requirements to be met. 5. Tracking pad during period of construction to keep dirt off both right of way and public street. 6. Bond for soil and erosion to be set by Town Engineer, G. Jacobson. 7. Tree caliper to be a minimum of 3 inches @ chest height. 8. Second floor of garage to remain unfinished storage
space, no habitation. That this plan be approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impact. MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: W. Harris; APPROVED: 4-0-1.
B. SPECIAL EXCEPTION USE APPLCIATION/CSP REVIEW APPLICATION
Additions to existing dwelling (new gross floor area of 6,242 s.f.)
174 No. Cove Road, Map 32/Lot 17, AA-2 District, Gateway Conservation Zone
Applicants: Richard & Marion Mazzella Agent: David Royston
Attorney Royston and the applicants were present. Attorney Royston gave a thorough history and description of the site and existing dwelling, which is located at the corner of North Cove Road and Cromwell Place. He noted the proposed addition involves removal of the non-historical portions in addition to a slight expansion of the width of the garage. Attorney Royston reviewed an aerial photo with the commission. He stated the applicant hired an architect known for historical renovations. The applicant obtained a Certificate of Appropriateness after some modifications were made.
A variance for setbacks was granted by the ZBA. The application has been reviewed by the Gateway Commission with no concerns with plans.
Positive referral from Planning Commission.
Health District approved with condition that new septic located 10 feet from new structure.
Both Attorney Royston and Mr. Mazzella clarified several items on the site plan for the Commission. Discussion held with regard to the architectural elevation drawings. W. Harris raised concern that all side of elevations was not provided.
Hay bales and/or silt fence to be used. Invasive plantings to be removed. Dogwood tree to be relocated.
ZEO Costa confirmed all required referrals have been received.
R. Friedmann opened hearing to the public. No comments.
The commission wanted it clarified that all architectural elevation drawings for each side be submitted with each application.
MOTION to close public hearing MADE: by R. Friedmann; SECONDED: by W. Harris; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to approve the Special Exception Use Application and Coastal Site Plan Review Application for additions to existing dwelling at 174 North Cove Road, Map 32/Lot 17, AA-2 District, Gateway Conservation Zone, NCHD with conditions that the Health Department requirements be met and bonding to be established by the town engineer. That this plan be approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impact; MADE: by R. Friedmann; SECONDED: by W. Harris; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to amend the agenda and move item V before item IV, C; MADE: by P. Stuart SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
P. Stuart to step down. Alternate G. Lewis to be seated.
V. OLD BUSINESS:
A. SITE PLAN REVIEW APPLICATION: (Cont’d) Contractors’ businesses, storage,
Buildings ((1) 1221 s.f. and (2) 564 s.f.), parking and site improvements – CZC 08-165
47 Spencer Plains Road, Map 25/Lot 25, Gateway Business B-4 District
Applicant: Dirt, LLC (Thomas Van Epps/Paul Burdick) Agent: Atty Edward Cassella
Attorney Ed Cassella and Carl Molinowski, a friend of Tom Van Epps were present. Attorney Cassella presented the commission with photographs and an aerial view of the property. The dimensions of the buildings and other structures were discussed. Applicant has proposed to relocate the storage trailers, to be moved off site.
The application remains active with the IWWC. Attorney Cassella reviewed the site plan and the landscape plan with the commission. Revisions included recommendations by the ZEO.
The landscape plan was discussed at length, and the existing topography was reviewed. Giant green arborvitaes were proposed to screen the contractor’s storage from passing trains and to further buffer the site.
P. Stuart left meeting at 9:10.
Attorney Cassella noted the property consists of 5.18 acres (which includes Westbrook). This does not include the trapezoid which is owned by Amtrak. There is 9001 s.f. of wetlands. The net area for the lot is 216,000 s.f. to consider for coverage.
Attorney Cassella noted there are no hazardous substances on property other than gasoline which is properly stored. He stated there is no fertilizer on site. C. Sohl questioned if herbicides/pesticides are on site. Attorney Cassella will confirm there are none with the applicant.
No crushing of concrete proposed.
M.Fish questioned how cows access water supply. Cassella responded he was uncertain.
It was noted that under the new flood regulations, the property is now in a flood zone; aerial photo of the flood zone given to commission. A 2004 aerial photo showed the buildings on site. W. Harris noted that the shape of one of the buildings, roof shading and angle of the building in a 2004 aerial did not correspond with the structure shown on the site plan leading him to believe that this was a different building. Ed Cassella states there are strict time frames to be met. He indicated an extension for consideration/deliberation would be granted.
Discussion about time table for removal for trailers, boats, and cars in embankment. Suggested by next meeting. Mr. Moleneski explained that stacked piles of boats were acting as a buffer/fence to keep cows contained. Will be removed, but need more than 2 weeks.
ZEO noted some referrals are still pending. Referrals received include G. Jacobson, Building Inspector, Town Planner and Health District (which requires additional information). No response to date from town of Westbrook, DOT, Fire Marshal, Traffic, or DEP. There is a pending application with the ARB.
Attorney Eric Knapp commented that the applicant should stop moving items and strongly recommended that a course of action should be developed. The moving of structures creates inaccuracies in the survey. The lack of correlation between the site walk, and what is reflected on paper is not consistent.
It was noted the date of the lawsuit needs to be established, along with buildings on site 3 years prior to the enforcement action.
MOTION to continue the Site Plan Review Application to the next regularly scheduled meeting to be held on November 3, 2008 at 7:30 p.m. at the Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension; 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. PROPOSED AMENDMENTS TO THE OLD SAYBROOK ZONING
REGULATIONS: Revise uses in non-residence districts B-1 (Sect. 31), B-2 (Sect. 32),
B-3 (Sect. 33), B-4 (Sect. 34), SP Zone (Sect. 37), and Industrial I-1 (Sect. 41); also,
Sect. 9 – define Nursing Home Facility Petitioner: Old Saybrook Zoning Commission
Discussion held with the commission regarding the proposed amendments to the zoning regulations. ZEO Costa noted positive referrals received from the Planning Commission and CRERPA. No response from neighboring towns, Harbor Management, Fire Marshall, Sanitarian, or the Town Attorney.
Hearing opened to public. No comments.
MOTION to close public hearing MADE: by R. Friedmann; SECONDED: by W. Harris; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, G. Lewis, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to adopt the changes to the Old Saybrook Zoning Regulations including revisions to non-residence districts B-1 (Sect. 31), B-2 (Sect. 32), B-3 (Sect. 33), B-4 (Sect. 34), SP Zone (Sect. 37), and Industrial I-1 (Sect. 41); also, Sect. 9 – define Nursing Home Facility, with an effective date of November 10, 2008; MADE: by W. Harris; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, G. Lewis, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI. WORKSHOP: CRERPA UPDATE TO REGIONAL PLAN OF CONSERVATION
& DEVELOPMENT
ZEO Costa explained CRERPA is updating their regional plan of conservation and development.
They are looking to area municipalities boards and commissions for input. ZEO requested the commission comes up with ideas to present to CRERPA regarding Old Saybrooks role as part of the union.
VII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
- Swag, a housewares store. To be located in the former Chubby Marcellas @ 117 Main Street.
- The October 3, 2008 letter to Attorney William Childress from the Connecticut Siting Council was noted.
- Donna Van Epps is looking to rent one 750 s.f. apartment/studio at Ragged Rock Marina. Regulations allow for one residence per lot. Okay for ZEO to handle administratively.
- Discussion of increasing maximum of 99 cubic yard for fill, noting it is no longer an accurate amount with new health code requirements. Suggestion to increase amount of fill required to meet Health Districts requirements.
- Nissan Grossmans will be hosting a special event. All appropriate forms have been received.
-ZEO noted another signage sweep was conducted on Friday.
- Letter sent to Mercury Fuel (owner of gas station across from Subway), with regard to light
regulations. Suggestion made to bring area gas stations to commission to review regulations with regard to lighting and signage.
VIII. ADJOURNMENT
Chairman Friedman adjourned at 10:45 p.m. until the next regularly scheduled meeting to be held on Monday, November 3, 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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