OLD SAYBROOK ZONING COMMISSION MEETING
NOVEMBER 17, 2008
I. CALL TO ORDER
Chairman Robert Friedmann called the meeting to order at 6:00 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman Carl Garbe, Regular Member
Madeleine Fish, Vice Chairman Geraldine Lewis, Alternate Member
Walter Harris, Secretary
Paula Stuart, Regular Member
Charlie Sohl, Alternate Member
John Duhig, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Christine Nelson, Town Planner
Maura Farbotka, Recording Clerk
III. REGULAR BUSINESS
A. MINUTES
MOTION to approve the minutes of the November 3, 2008 meeting as presented; MADE: by M. Fish; SECONDED: W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, P. Stuart,, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay invoice # 20229 and # 20231 for a total of $2073.50 to Branse & Willis; MADE: by W. Harris; SECONDED: R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none APPROVED: 5-0-0.
IV. WORKSHOPS:
6:00 – 6:45 p.m.
Incentive Housing Zones and housing types in Old Saybrook (Cont’d)
Town Planner Christine Nelson continued the discussion with the commission. Several maps were reviewed, including new maps showing densities of the town. Vice Chairman Fish raised concern over certain areas of the town already stressed with WPCA issues. The Commission agreed these areas should be considered ineligible.
Ms. Nelson stated there is a map of pedestrian resources, which would prove beneficial in locating areas. R. Friedmann suggested concentrating on Pedestrian Nodes where the areas and opportunities are well established.
P. Stuart suggested educating the public would be beneficial, possibly through an explanation meeting.
Concerns raised included water supplies and other geographical and infrastructure issues.
6:45 – 8:00:
CRERPA Update to Regional Plan of Conservation & Development (Cont’d)
C. Nelson and the commission continued their discussion in preparation for a December workshop with CRERPA.
C. Nelson reviewed a letter from CRERPA requesting the following topics be addressed:
-The link between the State Plan of Conservation and Development and the Town Plan of Conservation and Development.
-The top 10 items that the commission would like to see in acted by the town in the next 10 years.
-Town’s perception of itself in the region.
-Tolls that the region can provide the town’s planning and zoning.
Commission discussed topics including area train service, how to draw more people to our town in off peak months, and how we perceive area towns.
P. Stuart left at 7:50 p.m. Alternate Members C. Sohl and J. Duhig will be seated for voting.
V. 8:00 p.m.
Discussion with gas station/convenience store owners regarding lighting and sign
regulations.
Two representatives from Kelly Industries, a local car wash were present. Chairman Friedmann reviewed the zoning violations including unpermitted lighting and signage. R. Friedmann explained the three special events allowed per calendar year, each for a maximum of 15 days. A permit is obtained through the ZEO and the Land Use Office, at no charge to the applicant.
VI. PUBLIC HEARING:
PETITION FOR TEXT CHANGES TO THE OLD SAYBROOK ZONING
REGULATIONS: Section 55 – Planned Residential District: Add Section 55.6.11
Allowing a Bed & Breakfast Transient Lodging Use in Planned Residential Development
Petitioner: BF, LLC Agent: David M. Royston, Esq.
Attorney Royston addressed the commission and gave a review of the history of the site. He explained that due to the real estate market conditions, the approved project has not been built. The owner, BF, LLC is petitioning the Zoning Commission to amend Sect. 55 of the regulations, and add Sect. 55.6.11:
-To allow a Bed and Breakfast in a Planned Residential District within a Residence A Dist.
-To allow a non-owner operator to be the resident of the Bed and Breakfast.
-To permit retail as an accessory use to the Bed and Breakfast.
R. Friedmann raised concern with a non-owner being the operator. Attorney Royston stated the non-owner, operator would be required to have the Bed and Breakfast as his primary residence. This would eliminate any absentee ownership. He explained the 3rd floor would be the residence, the 2nd floor for bedrooms, and the 1st floor for the kitchen, dining, library and living rooms.
The proposed retail area was discussed including its location, size and types of items to be sold. This would be open to the public. R. Friedmann questioned if any other B&B would be planned in the PRD. Attorney Royston stressed any request would have to come to the Zoning Commission for approval.
Commission stated there is no signage in a Residence A District.
R Friedmann opened the hearing to the public:
Joe Santangelo, Chairman of the Economic Development Commission had an informational briefing of the proposed B&B. The EDC agreed this was a great benefit to Main Street with more lodging, in addition to an active Main Street business.
ZEO Costa stated a positive referral was received from the Planning Commission.
MOTION to close public hearing MADE: by W. Harris; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Sohl, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to approve the PETITION FOR TEXT CHANGES TO THE OLD SAYBROOK ZONING REGULATIONS: Section 55 – Planned Residential District, to add Section 55.6.11
Allowing a Bed & Breakfast Transient Lodging Use in Planned Residential Development, petitioner BF, LLC MADE: by M. Fish; SECONDED: by W. Harris. Discussion: W. Harris noted in the “Amendment to Petition Text: B should read: The Bed and Breakfast facility meets all the special standards of Section 52.7.14, except the owner or the operator of the Bed and Breakfast will reside within the Bed and Breakfast facility, and the Bed and Breakfast premises will be the principal place of residence of the owner or operator”. ZEO Costa stated the final paragraph last sentence should read: “The gross floor area of the store shall not exceed six hundred square feet (600 s.f.) and will
meet all parking and signage requirements applicable to retail stores.”
M. Fish and W. Harris accept the modifications to the motions. To have an effective date of December 1, 2008. VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Sohl, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Newly adopted text is attached to these minutes.
VII. 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 Edward Cassella reviewed with the commission changes updates since the October 20, 2008 ZC meeting. This was reviewed by the ARB who made numerous suggestions, including:
The use of red cedars in lieu of arborvitae for screening, removal of all trailers, and removal of all debris (anything not legitimately stored for businesses on site). Attorney Cassella noticed this is also a condition of the Fire Marshal.
J. Duhig confirmed the RV is to be removed.
Attorney Cassella stated the applicant is currently in front of both the Westbrook and OS IWWC Commissions. He noted there is now a dispute between IWWC scientists regarding making a determination of the property line. This needs to be determined to draw the 100 foot buffer line, and will indicate where the berm will be. Mr. Cassella hopes to have an answer at the next IWWC meeting. He raised a concern with timing due to the delays, indicating an extension may be required if the IWWC does not make a decision at its next meeting.
Attorney Cassella also stated a variance has been applied for regarding the buildings on the site. He pointed out the buildings in a photo previously provided to the commission. He noted if the variance is not granted, the buildings will be removed.
MOTION to continue to the next regularly scheduled meeting to be held on Monday December 1, 2008 at the Pasbeshauke Pavilion at 7:30 p.m. MADE: by WR. Friedmann; SECONDED: by C. Sohl VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Sohl, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VIII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
-ZEO Costa advised the commission she recently attended a pretrial hearing at Middletown Superior Court regarding Martel, 78 Neptune. Spec Exception has been filed along with application for a variance with the ZBA.
-ZEO Costa and C. Nelson have been continuing their extensive work on the Incentive Housing issue.
-ZEO Costa advised of upcoming applications for the next two agendas.
IX. ADJOURNMENT
Chairman Friedmann adjourned at 9:45 p.m. until the next regularly scheduled meeting to be held on Monday, December 1, 2008 at the Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension at 7:30 p.m.
Respectively submitted,
Maura Farbotka
Recording Clerk
TEXT AMENDMENT APPROVED AT THE NOVEMBER 17, 2008
EFFECTIVE DECEMBER 1, 2008
ZONING COMMISSION MEETING TO PERMIT BED AND BREAKFAST TRANSIENT LODGING USE IN A PLANNED RESIDENTIAL DEVELOPMENT
New Section:
55.6.11 Bed and Breakfast transient lodging use. Where the size, location and design of the PRD make it desirable, the Commission may also permit a bed and breakfast transient lodging use as part of a PRD development, provided:
A. The bed and breakfast transient lodging facility is located within five hundred feet (500’) of the Central Business B-1 District; and
B. The bed and breakfast transient lodging facility meets all the special standards of Section 53 (formerly 52.7.14) except the owner or the operator of the bed and breakfast transient lodging facility will reside within the bed and breakfast transient lodging facility, and the bed and breakfast premises will be the principal place of residence of the owner or the operator.
A store where goods are sold or service is rendered primarily at retail may
also be permitted as accessory to the bed and breakfast transient lodging facility, provided it is located within, is attached to, or is within one hundred feet (100’) of the bed and breakfast building. The gross floor area of the store shall not exceed six hundred square feet (600 s.f.) and will meet all parking and signage requirements applicable to retail stores.
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