Monday, December 15, 2008
Regular Meeting
7:30 p.m.
Pasbeshauke Pavilion
@ 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 Walter Harris, Secretary
Madeleine Fish, Vice Chairman
Carl Garbe, Regular Member
Paula Stuart, Regular Member
Geraldine Lewis, Alternate Member
Charlie Sohl, Alternate Member
John Duhig, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Maura Farbotka, Recording Clerk
Alternate J. Duhig will be seated for Secretary Walter Harris.
III. REGULAR BUSINESS
A. MINUTES
MOTION to approve the minutes of the December 1, 2008 meeting as submitted; MADE: by R. Friedmann; SECONDED: M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, P. Stuart, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay invoice # 20649 in the amount of $3,929.50 to Branse and Willis; MADE: by P. Stuart; SECONDED: R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, P. Stuart, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Branse and Willis invoice # 20648 in the amount of $58.00; MADE: by P. Stuart; SECONDED: R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, P. Stuart, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Jacobson and Assoc invoice # 15713 in the amount of $1931.66; MADE: by P. Stuart; SECONDED: C. Garbe; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, P. Stuart, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Jacobson and Assoc invoice # 15717 in the amount of $56.50; MADE: by R. Friedmann; SECONDED: P. Stuart; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, P. Stuart, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Jacobson and Assoc invoice # 15718 in the amount of $56.50; MADE: by R. Friedmann; SECONDED: P. Stuart; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, P. Stuart, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
The correspondence packets also included the final 2009 Zoning Commission Schedule.
MOTION to approve the 2009 Schedule of Zoning Commission Meeting Dates as presented; MADE: by P. Stuart; SECONDED: R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, P. Stuart, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IV. PUBLIC HEARING
SPECIAL EXCEPTION USE APPLICATION/CSP REVIEW APPLICATION
Excavate, deposit and grade more than 100 cu. yds. of material in one year and construct retaining wall – 78 Neptune Dr., Map 8/Lot52, A Zone
Applicants: Laura and Rock Martel Agent: Ed Cassella
Chairman Friedmann read a letter from Attorney Ed Cassella, dated 12/15/08 requesting this application be continued until the next regularly scheduled meeting.
MOTION to continue this application until the next regularly scheduled meeting to be held on January 5, 2008 at 302 Main Street, First Floor Conference Room at 7:30 p.m.; MADE: by R. Friedmann; SECONDED: P. Stuart; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, P. Stuart, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
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
Chairman Friedmann read a letter from Attorney Ed Cassella, dated 12/15/08 requesting this application be continued until the next regularly scheduled meeting.
M. Fish questioned if the applicant has paid their Ordinance 71 fees. ZEO Costa confirmed they have not.
MOTION to continue this application until the next regularly scheduled meeting to be held on January 5, 2008 at 302 Main Street, First Floor Conference Room at 7:30 p.m. MADE: by R. Friedmann; SECONDED: C. Garbe; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, P. Stuart, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to amend the agenda and switch OLD BUSINESS item A with item B; MADE:
by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, P. Stuart, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI. NEW BUSINESS:
B. MINOR AMENDMENT TO APPROVED SITE PLAN:
(Pursuant to Sect. 51.13.2 of the zoning regulations)
Max’s Place, LLC (owner or contract purchaser of property shown on Assessor’s Map
25/Lots 2, 28, 29, 30 and Map 26/Lots 6-10, 6-11, 6-12, 32, 32-1, portion of Center Rd., W
and Lot 6-16 By: Attorney David M. Royston
Attorney Royston explained to the commission the request for modification relates to the Statement of Use; expanding the use in the liner buildings. This change would allow the already approved general retail to include office and/or a financial institution. He noted there was a previous amendment to the original Statement of Use in February 2008.
Since that time the sewer and septic systems for this site have been approved by the DEP.
In addition, the State Traffic Commission and DOT have approved the requested traffic light at the intersection of Center Road and Boston Post Road. This light will be coordinated with a light at Chalker Beach Road.
All parking requirements would remain the same. There is no change in the architectural plans for these buildings.
Attorney Royston also requested deleting references to the Big Y store and changing this language to “grocery store”.
In addition, he pointed out references in the original statement of use included conditional language regarding the State Traffic commission, and an escrow to be held if traffic lights were not approved. Attorney Royston explained with the signalization approved, and the appeal period now expired, the new statement of use has removed this conditional language.
MOTION to approve the Minor Amendment to the Approved Site Plan for Max’s Place, LLC; MADE: by M. Fish; SECONDED: by P. Stuart; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, P. Stuart, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
A. MINOR AMENDMENT TO APPROVED SITE PLAN:
(Pursuant to Sect. 51.13.2 of the Zoning Regulations)
BF, LLC, Village Centre Residences, 226 Main St., Map 37/Lot 132 and
25 Sheffield St., Map 37/Lot 143 By: Attorney David M. Royston
P. Stuart to step down for this application; C. Sohl to be seated.
Attorney Royston reviewed the site plan, with several maps indicating the proposed changes. Rich Staub of Point One Architects described the reductions in the square footage of the units, and reviewed the new plan which incorporates a more New England colonial look with two different facades. He noted the new plan was recently approved by the Architectural Review Board, with 2 minor modifications.
Attorney Royston discussed the easement provided to the town for parking on Sheffield Street. He confirmed this is non-exclusive, with parking available to both residents and the public.
Discussion held with regard to the new B & B building, noting no retail space is being requested at this time. Photos were shown to the commission for a possible addition of a pool at this site.
Phasing of the project was reviewed:
Phase I: Renovation of the interior of the Greenberg facility. He noted no Certificate of
Occupancy would be issued until the Sheffield Street parking site is complete.
Phase II: First Condo Unit; to include septic system, and roadway.
Phase III: Second condo building and all the infrastructures associated with them.
Phase IV: Construction of the 10 bay garages, and the detention basin
Phase V: Last condo building.
Attorney Royston noted all phases could be combined.
M. Fish raised concern with the 2 large oak trees on the property.
Attorney Royston stated protection of these trees could be a condition of approval.
Attorney Royston confirmed the owner/operator of the B&B much be a resident of the building, and clarified the uppermost floor is designated for this.
Concern raised by ZEO with pool fencing and shielding/landscape buffer.
C. Sohl questioned the location of trash disposal.
MOTION to approve the Minor Amendment to Approved Site Plan; BF, LLC, Village Center Residences with the following conditions: 1. The large oak trees at the NE corner of property be preserved; 2. The uppermost floor be designated as the residential unit of the owner/operator.
3. Screened trash areas be provided at rear, NE corner of Greenberg house to serve the B&B residents; 3. Pool to be secured by fence as required in building code, along with addition of landscape screening outside of fence, even if this requires movement of the sidewalk. 4. Phasing to be completed as proposed by applicant, or simultaneously 5. Changes will be on all sheets; MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, J. Duhig, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
P. Stuart reseated; C. Sohl to step down.
VII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
-Update from C. Costa on recent ZBA approval of a variance to Dirt, LLC. Commission discussed at length the ZBA’s decision, and stated they could not clearly see the hardship.
The commission decided not to take action by appealing their decision.
-Japonis Restaurant on Boston Post Road has changed ownership, and is now called Samuri.
-Enterprise Rental on Boston Post Road is requesting an internal, one-bay car wash for in house use only. Commission discussed and denied stating it is a non-prohibited use.
-ZEO recently met with representative from MacDonald’s restaurant discussing both their lighting and signage violations. The “special event” were explained, and the appropriate paperwork to apply for these events was provided.
-ZEO advised the commission that the motion filed by Dirt, LLC was granted for an extension until 02/15/08. She also stated this application was recently denied by the Westbrook IWWC, and is again meeting with the Old Saybrook IWWC later this week. Discussion continued on the unpaid Ordinance 71 fees, and it was agreed this can be considered an incomplete application. The commission suggested a letter be sent advising Dirt, LLC that these fees are due immediately in order for this application to be considered complete.
-Discussion held at length with regard to flood reviews and the costs associated with them. ZEO advised the commission letters have been sent to both M. Pace and Attorney Cronin with concerns. The commission suggested sending letter also to First Selectman Pace with recommendations on how to fix/update fees.
-ZEO advised the commission that Town Planner, Christine Nelson would like to schedule a special meeting to further discuss/finalize possible locations re: Incentive Housing. Discussion held with regard to benefits for town. Tentative date for this special meeting is scheduled for Monday, January 12, 2009.
-Upcoming CBA seminar to be held March 28, 2009 at Wesleyan University. To date commission members attending are: M. Fish, W. Harris, C. Garbe, C.Sohl and G. Lewis.
VIII. ADJOURNMENT
Chairman Friedman adjourned at 9:55 p.m. until the next regularly scheduled meeting to be held on Monday, January 5, 2009 at the Old Saybrook Town Hall, First Floor Conference Room, 302 Main at 7:30 p.m.
Respectively submitted,
Maura Farbotka
Recording Clerk
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