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 None.
Madeleine Fish, Vice Chairman
Walter Harris, Secretary
Carl Garbe, Regular Member
Paula Stuart, Regular Member
Charlie Sohl, Alternate Member
John Duhig, Alternate Member
Geraldine Lewis, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Christine Nelson, Town Planner
Mark Branse, Legal Counsel
Maura Farbotka, Recording Clerk
III. REGULAR BUSINESS
MOTION to approve the Regular Meeting Minutes of January 20, 2009 as presented; MADE: by M. Fish; SECONDED: by C. Sohl; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Jacobson & Associates invoice # 15901 for $ 222.35, # 16057 for $1651.05, #16011 for $688.55, and #16171 for $ 116.40 ; for a total of $2678.35; MADE: by P. Stuart; SECONDED: R. Friedmann ; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
~MOTION to pay Branse and Willis invoice # 21331 in the amount of $1058.50 and # 21333 for $159.50 for a total of $ 1218.00; MADE: by W. Harris; SECONDED: M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IV. NEW BUSINESS:
- SIGN REGULATION COMPLIANCE
Several business representatives were present at the meeting including Marie Murphy, Manager of the Food Bag, and Terry Connelly of Hendels, Inc. who spoke regarding concerns about advertising. Chairman Friedmann discussed sign regulations at length and the size/height and location of signs. It was emphasized A Frame signs are prohibited and sign should not be placed on Town or State property. Signs placed on Town and State property are routinely removed by both the Town and the State DOT. Excessive signage deters from the aesthetics of both the business and the Town. Chairman Friedmann explained to the business owners that three special events are 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. The Zoning
Enforcement Officer distributed sign regulations and temporary sign application forms. The Zoning Enforcement Officer informed business owners that if they do not have a permit for the sign that they should not install it. Installation of unpermitted signs may result in the issuance of a Cease & Desist Order and in worst case scenarios costly litigation and fines where the Commission has and will successfully continue to recuperate legal expenses from the violator. Discussion was held regarding promotional signs such as banners, stick signs, advertising flags and signs attached to light poles. It was stressed these advertising signs that are sent to businesses by corporate offices or vendors are still signs that require a permit. The Special Events application should be used to permit these types of signs which are still required to meet the Zoning Regulations for that district. The ZEO did advise that many business owners were
unable to come but did contact her to discuss removal of illegal signs and ask for clarifications. The Commission reminded the business representatives that alternative advertising is available and effective. The Commission will continue to meet with groups of business owners in the future to both educate and proactively deal with sign violations in Old Saybrook.
B. COASTAL SITE PLAN: 414 Main Street, Map 22/Lot 15-1 Res. A Zone
Residential structure additions totaling 1017 s.f. new structure coverage within
100 feet of tidal wetlands; CZC #09-027
Applicants: Seth C. & Catherine D. Adams; Agent: Matthew White
Secretary W. Harris stepped down for this item. Alternate Member C. Sohl will be seated.
Matthew White of MacDonald /Sharpe Associates was present. He reviewed the plans with the Commission, and noted an error on the application which cited an incorrect address. Discussion held with regard to location of the existing and proposed decks. Mr. White noted the old septic tank will be filled w/ sand, and a new septic tank will be installed, but the existing leaching field will remain. Coverage and setbacks were reviewed.
ZEO indicated this application is pending Flood Review and approval from the Health Department.
MOTION to approve the Coastal Site Plan of 414 Main Street, Map 22/Lot 15-1 Res. A District because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impact; MADE: by R. Friedmann; SECONDED: c. Garbe; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Regular Member P. Stuart left the meeting @ 8:30 p.m.
V. WORKSHOP: INCENTIVE HOUSING ZONE
Christine Nelson, Town Planner and Chris Costa, ZEO presented a series of draft Incentive Housing Zone maps. The information for the maps was taken from information given by
Commission members at the joint workshop on January 28, 2009. Christine and Chris discussed a detailed staff review to refine the workshop results to exclude areas that the statute deems undevelopable, such as wetlands, 100 & 500 year flood zones, CT River Gateway Conservation Zone and more. Staff also discussed what infrastructure needed to be included for areas to be eligible. The Commission discussed the idea of adopting an initial zone to start and incorporate additional zones that were not adopted into the Town Plan of Conservation and Development.
Town Planner and ZEO discussed the requirement of creating Design Guidelines. Staff demonstrated that existing regulations in Section 60 such as Section 63 Landscaping could be reformatted into design guidelines and that a new section would need to be created to address commercial and mixed use architecture. Rather that have a separate document, the design guidelines would be incorporated into the Zoning Regulations. The Commission approved of the new formatting concept and instructed staff to continue with the project.
Attorney Mark Branse presented and reviewed each page of the draft text with the Commission written by staff since the workshop. The Commission had the opportunity to ask questions and receive legal input.
Regular Member C. Garbe left the meeting at 10:00 p.m.
VI. COMMITTEE, REPRESENTATIVE AND STAFF REPORT
-Vinnie’s Saybrook Fish House, Essex Road - Changing name to the Otter Cove Restaurant.
-Dagmar’s Desserts of Deep River considering relocating to the former Saybrook Deli site on Boston Post Road, adjacent to Guppies to Puppies. ZC considers use-to-use and instructed the ZEO to handle administratively.
-Old Saybrook ZC vs. Dirt, LLC - (Thomas Van Epps); litigation for zoning violations at 47 Spencer Plains Road. Mr. Van Epps failed to submit bonding and court settlement fees within the timeframe specified in the settlement agreement and permit conditions. Legal Staff, per the direction of the Commission submitted a Superior Court motion to reopen the case on March 9th. Mr. Van Epps provided the settlement fees past the deadline on March 16th, and advised that he would not be submitting the bonds specified during the permit approval process. The Zoning Commission briefly discussed that the matter has been on-going for years, and reopening the case was necessary to insure compliance.
-Referral from Old Lyme regarding zone and text change to expand the Regional School District 18 zone. ZC briefly discussed, and has no objections.
-Jack Flaws looking to occupy the former Savory Restaurant location on Main Street. Different food, no change to seating or use. Commission authorized ZEO to handle as use to use. ZEO mentioned that he did inquire if he could cut a hole into the adjacent space so that he could serve food to the patrons at the Main Street Tavern. This concept would provide a wider variety of food to the Tavern, and the patrons would not have to walk next door to get food. Businesses would both operate separately, no changes to seating in establishment, no door, and no service of alcohol from the Tavern to Jack Rabbits. Commission advised the ZEO to notify Mr. Flaws that he should contact the State of Connecticut Liquor Commission to make sure the proposal will not create a violation of the Main Street Tavern’s
liquor permit.
-CBA Seminar, Saturday, March 28, 2009- ZEO Costa reminded any interested commission members to sign up for this worthwhile seminar.
-Frankie and Gianni’s Restaurant- (Main Street) Owner is looking to add a service window to sell gelato and Italian ice to customers during the summer months. ZC felt it was not appropriate in the front of the store due to the outdoor seating and fear of sidewalk congestion. Discussion regarding location of a window on the side of the building. Members expressed concern about keeping patrons on the narrow sidewalk and potential safety issues if the CVS building is occupied with a new tenant. The ZC would like to see a plan and speak with Mr. Brescio.
-Billboard Expansions-ZEO discussed a recent Cease & Desist Order issued to Gannett Outdoor of Connecticut for affixing additional advertising signage to the three pre-existing non-conforming billboards in Old Saybrook. ZEO is working with Gannett Outdoor to resolve the violation.
-Kent Wonnell; 6 Mallard Drive - 11 years of complaints regarding a RV parked in violation of Zoning Regulations. ZEO reported she forwarded him a Cease & Desist Order and threatened litigation if the RV is not permanently removed.
-WLIS Tower- The WLIS Radio Tower still does not have any radio equipment. The Siting Council feels that they were circumvented and that the ZC was tricked. ZEO Costa sent a memo to Don Lucas advising that she cannot stop the cell providers from applying for Building Permits for cell communications approved by the Siting Council, however, no new providers should be granted Certificates of Completion by the Building Department which will allow them to transmit cell signals. Her argument is that no provider should be allowed to transmit on a monopole tower that has not met the terms of the Special Exception permit granted b the ZC. They have the option of either installing radio equipment or removing the monopole. Ms. Costa reported that Metro PCS, the latest applicant is aware of this and will be urging the tower
owner to install the radio equipment. The Siting Council was copied on the memo and they are aware of the situation.
-Martel-78 Neptune Drive- ZEO Costa reported that Mr. Martel and his consultants have been in contact with the DEP in an attempt to address DEP concerns related to his proposed wall. The DEP is maintaining their position that the wall is not consistent with coastal policies.
-Rutigliano, Vincent Avenue- ZEO Costa reminded the Commission this was a violation she discussed with them last fall. The applicant pulled a permit to elevate the house for flood compliance without any grading proposed. The applicant brought in fill within 50 ' of a tidal wetland and directly filled inland wetlands. The property owner is looking for a final CO for the summer season, and is working with their consultants and staff to prepare a remediation plan. ZEO is confident with the summer season approaching; the property owner will be motivated to correct the problems.
-Stop and Shop Greenhouse, Elm Street- Annual temporary structure, same size and location
-Old Saybrook Police Department – The OSPD was at the last minute given a structure that they plan to use for an additional communication structure. The structure needed to be relocated to the Police Department property, or it was to be destroyed off the premises where it was situated.
This new structure tripped a Special Exception Permit, but the police department would not have sufficient time to prepare an application and A-2 survey. The ZEO issued a temporary Certificate of Zoning Compliance for the location of the structure for a maximum of 6 weeks so that the police department can prepare their SPEX application. This is no guarantee that the building will be allowed to stay on the premises on a permanent basis or in the proposed location. The police department will have to apply to ARB, ZC and PC, and has already contacted engineer Geoff Jacobson to update their current survey plan.
VII. ADJOURNMENT
Chairman Friedman adjourned at 10:45 p.m. until the next regularly scheduled meeting to be held on Monday, April 6, 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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