I. CALL TO ORDER
Chairman Robert Friedmann called the meeting to order at 7:35 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman Paula Stuart, Regular Member
Madeleine Fish, Vice Chairman Geraldine Lewis, Alternate Member
Walter Harris, Secretary
Carl Garbe, Regular Member
Charlie Sohl, Alternate Member
John Duhig, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Eric Knapp, Legal Counsel
Alternate Member C. Sohl will be seated for Regular Member P. Stuart.
MOTION to nominate Robert Friedmann to continue as Chairman of the Zoning Commission; MADE: by W. Harris; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to close nomination and unanimously elect R. Friedmann as Chairman; MADE: by W. Harris; SECONDED: by C. Garbe; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to nominate Madeleine Fish to continue as Vice Chairman of the Zoning Commission; MADE: by R. Friedmann; SECONDED: by C. Sohl; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to close nomination and unanimously elect Madeleine Fish as Vice Chairman; MADE: by W. Harris; SECONDED: by C. Garbe; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to nominate Walter Harris to continue as Secretary of the Zoning Commission; MADE: by R. Friedmann; SECONDED: by C. Sohl; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to close nomination and unanimously elect Walter Harris as Secretary; MADE: by R. Friedmann; SECONDED: by C. Garbe; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IV. REGULAR BUSINESS
Regular Meeting of Dec. 15, 2008:
-Item IV (Public Hearing) should state that the public hearing was opened.
-No. 1 in Staff Reports should state that Dirt LLC’s (47 Spencer Plains Road) ZBA variance approval was for sideline setbacks.
-No. 4 in Staff Reports should McDonald’s, not MacDonalds.
-No. 5 in Staff Reports should state 1). The motion filed was for an extension in Superior Court and 2). That the commission took the position that application without receipt of Ordinance 71 fees has been considered incomplete by the commission.
MOTION to approve the Regular Meeting Minutes of December 15, 2009 as amended; MADE: by R. Friedmann; SECONDED: by C. Sohl; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to approve the Special Meeting Minutes from January 12, 2009 as submitted MADE: by R. Friedmann; SECONDED: by C. Garbe; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Branse and Willis invoice # 20728 in the amount of $203.00; MADE: by R. Friedmann; SECONDED: C. Garbe; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Branse and Willis invoice # 20873in the amount of $1377.50; MADE: by W. Harris; SECONDED: C. Garbe; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Branse and Willis invoice # 20653 in the amount of $102.00 MADE: by R. Friedmann; SECONDED: W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Branse and Willis invoice # 20233 in the amount of $73.00 MADE: by R. Friedmann; SECONDED: W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Branse and Willis invoice # 19725 in the amount of $29.00 MADE: by R. Friedmann; SECONDED: W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
-The Zoning Enforcement Officer reminded the Commission of the CBA Seminar scheduled for March 28, 2009 and asked the Commission if anyone else was planning to attend.
-Commission discussed correspondence received from George Gwizd, resident and member of the WPCA regarding on site solutions to waste water management. Chairman Friedmann mentioned text that he felt was an error on the WPCA website. ZEO Costa advised him that he should alert WPCA staff.
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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 Cassella reviewed developments since the last meeting. He noted both the ZBA variance and Inland Wetland’s approvals.
Discussion held at length with regard to the classification of the site as a farm by the Assessor’s office. Attorney Cassella argued that the classification should remain as a farm. Attorney Eric Knapp stated the referenced statute was for Assessment purposes only (not zoning), and that at the IWWC the applicant used agriculture as a method to exempt from meeting wetland regulations. The Zoning Commission determined that the property was not a farm; noting that cows and chickens are allowed per Section 53 Special Standards.
Discussion continued with regard to trailers on property and their locations and uses. R. Friedmann questioned the timing of the removal of the trailer and other debris on site. Attorney Cassella indicated it will take two weeks (for removal of boat and boat parts). He confirmed the applicant will comply with the Fire Marshal’s letter including not parking on side property by street.
Deliberations:
ZC indicated that the applicant did not apply for outdoor storage which would be required to be fenced in nor was retail an approved use.
R. Friedmann stated the property does not function as a farm, but the size of the property can accommodate 3 livestock and no more than 15 chickens. He also stated that although he did not attend the site walk, he feels qualified to act on the application.
M. Fish questioned Attorney Knapp outcome if application denied. E. Knapp informed the commission that trial would go forward with enforcement action.
M. Fish and C. Sohl reluctant to approve, but will consider with conditions and to avoid continued legal bills.
M. Fish stated if applicant abides better potential for site, and improvement to property values.
R. Friedmann also stated he is reluctant, but feels in the long run it is best for town.
Referral responses discussed; the applicant agreed to meet all conditions of those who responded.
After several lengthy discussions, the Commission was very reluctant to approve this application due to past performance of the applicant. The Commission noted however that the applicant has met permit criteria and hope that the applicant is now going the right direction. Commission was clear that they will not hesitate to commence enforcement, revoke the permit and/or return to court if applicant fails to satisfy the conditions of their permit.
The Commission restated their goal in this matter is to clean up the property, debris, and make it look commercial, and improve the look in this Gateway area.
MOTION to approve . MADE: by R. Friedmann; SECONDED: M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C.Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
**Final Resolution for Approval attached to these minutes.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
-ZEO Costa discussed possible changes to the Zoning Regulations to fix the Open Space Subdivision Section to allow for properties utilizing well water to apply for open space subdivisions. The Zoning Commission advised staff to draft text for their consideration.
-ZEO Costa discussed concerns that Zoning Regulations calling docks accessory structures makes them subject to structure setbacks and is potentially problematic when the setbacks encourage the applicant to propose structures in areas that may potentially conflict with DEP OLISP recommendations. Chairman Friedmann explained that the original text was adopted to allow no more than two boats per dock to avoid wharfing out as well as situations where a residential homeowner rents docks out for profit creating parking problems. The Commission decided to consider revisiting the topic at a later date.
-The ZEO discussed scheduling a workshop for the ZC to discuss the outcome of the incentive housing zone workshop held the previous week. Chairman Friedmann updated members who did not attend.
-ZEO Costa discussed the January 7, 2009 letter sent to the Chamber of Commerce re: the use of restrooms at the Visitor Center. ZC discussed the public bathroom availability, noting the use of the restrooms by the public was part of the application approval.
VII. ADJOURNMENT
Chairman Friedman adjourned at 10:00 p.m. until the next regularly scheduled meeting to be held on Monday, February 2, 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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