Regular Meeting
Monday, April 6, 2009 @ 7:30 p.m.
First Floor Conference Room, Town Hall
302 Main Street
I. CALL TO ORDER
Chairman Robert Friedmann called the meeting to order at 7:40 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman Walter Harris, Secretary
Madeleine Fish, Vice Chairman Paula Stuart, Regular Member
Carl Garbe, Regular Member Charles 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
III. REGULAR BUSINESS
Correction should be made under Item III, Minutes. Motion was seconded by P. Stuart, not C. Sohl.
MOTION to approve the Regular Meeting Minutes of March 16, 2009 as amended; MADE: by R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
~MOTION to pay Branse and Willis invoice # 21577 in the amount of $2015.50 and invoice # 21579 for $592.00; MADE: by M. Fish; SECONDED: G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IV. WORKSHOPS:
A. INCENTIVE HOUSING ZONE: Continue discussion regarding procedural
Regulations and overlay zones.
Chairman R. Friedmann discussed the need to consider adopting zoning regulations for incentive housing. The Chairman presented an overview of progress made since the joint workshop in January.
Christine Nelson, Town Planner, Chris Costa, Zoning Enforcement Officer; and Attorney Mark Branse gave an overview of draft Incentive Housing Zone maps and regulations presented at the last meeting. The Commission had time to review the maps and text since the last meeting, and was able to ask questions and receive legal input. The Commission reviewed and commented on the entire document, and discussed the following concerns:
-Commission agreed that increasing density and reducing the tidal wetland setback would not protect the wetlands. Discussion held with regard to coverage and gross floor area.
-The height and number of stories should not be increased in the majority of the zoning districts.
- The reduction of rear and other line setbacks by one half is too much, structures should be set back a minimum of ten (10) feet.
Attorney Branse reviewed with the Commission statutes and permitting procedures.
B. ZONING REGULATIONS REWRITE: Update and reformat Article VI
Town Wide Requirements.
The Town Planner and the Zoning Enforcement Officer presented the Zoning Commission with a reformatted Section 61 Performance Standards and Section 63 Landscaping, Screening and Buffer Areas. The Commission reviewed the text page by page and discussed the formatting and amendments made to the text. The commission had the opportunity to ask questions and receive legal input.
V. NEW BUSINESS:
A. CONSIDER REQUESTS FOR APPROVAL TO SERVE FOOD AND
BEVERAGES IN OUTDOOR EATING AREA
The following restaurants were approved for outdoor seating renewals:
Mike’s Meats and Deli, Café Toscana, Paesan’s Pizza, Bruehwiler’s Bakery, Subway, Cuckoo’s Nest, Rosemary & Sage, Terra Mar, Dock ‘n Dine, O.S. Post 1015W, Main Street Tavern, Foodworks, Penny Lane Pub, Pizza Palace, Sals, Blue Crab, Paperback Café, Otter Cove, Monkey Farm, Jack Rabbits, Jacks @ Harbor One, Dairy Queen, The Back Porch, and Johnny Ads.
The ZEO had questions on applications submitted by two new restaurants (Frankie & Giannis, and Comfort Café). She will be following up with the owners for clarification of location and numbers of tables/seating.
B. REQUEST FOR RETURN OF BOND: $2,900.00 SE/SC
Mill Meadow Development, LLC – CZC # 07-061; SW corner of Mill Rock
and Research Parkway, Map 39/Lot 16-2, I-1 Zone
Modification of Use from NE Tennis Club to Advanced Emergency Products
ZEO Costa reported that she visited the site, which has been stabilized and vegetated. She indicated there was no reason to continue to hold the bond.
MOTION to approve the release of bond to Mill Meadow Development in the amount of $2,900.00 for SE/SC; MADE: by R. Friedmann; SECONDED: G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI. COMMITTEE, REPRESENTATIVE AND STAFF REPORT
- Gannett Outdoor responded to the Cease and Desist Order for the billboard expansion on the Boston Post Road. The CBS Logos have been moved to the existing billboard sign space.
- Fino Restaurant, 45 Mill Rock Road East: A new restaurant with new owners and management. Located at the former Bella Sara location. The proposal is to reopen the existing restaurant with no changes to the hours or seating.
- ZEO Costa reported that the State of Connecticut DEP vs. David and Betsey Sams, 9 Rivers Edge Road was decided in New Britain Superior Court on March 26th. ZEO is assuming that the Sams will appeal the decision to Appellate Court. In the matter of the Old Saybrook Zoning Commission vs. Sams, the matter was heard in Middletown Superior Court and the Judge ruled that the Sams could keep the gabion wall on the Connecticut River. Commission commented that they were curious to see the final outcome since the two court cases conflict. Judge Mark Taylor ordered the gabion wall to be removed.
- ZEO discussed the Channelside Subdivision (Fourth Avenue Extension Area) and its proposed addition of floating docks to existing bulkhead for boats. ZEO updated ZC on the status and stated she felt the addition of docks was a permitted intensification of an existing use, and not an expansion of a legally non-conforming use. Commission agreed and ZEO Costa discussed three pages of conditions of approval that she prepared. Conditions clarify that the proposal is for an aggregate of no more than 14 boats; docks will be for homeowners and not for commercial use or rental. Association property will be for loading only and not for parking. Boats will be accessed by foot and parking will be contained at the residences of the association members. The Zoning Commission agreed that this is not an expansion of non-conformity
and that ZEO should handle administratively.
- Max’s Place, Spencer Plains Road & Boston Post Road: ZEO Costa advised that the applicant has applied to the DEP to replace the tide gate by Chalker Beach and Summerwood. A letter to Max’s Place, LLC dated March 18, 2009 discussed the Zoning Commission’s approval condition that the “applicant shall demonstrate that application has been made to the State of Connecticut DEP and Army Corp of Engineers (ACOE) for the extent required for all off site drainage improvements including repair/replacement of the tide gate, culvert and associated drainage system”. Attorney David Royston requested that the Zoning Commission clarify if the condition was to repair/replace or to apply to DEP/ACOE. The Zoning Commission and the ZEO agreed that the condition was to apply only since the ZC cannot legally
make a condition of approval reliant on the approval of another agency.
- The Commission discussed a letter received from resident Ted Levy who expressed concern over the number of clothing/shoe drop off receptacles in town. The commission stated these receptacles benefit many charities, however they agreed clarification in the zoning regulations would be beneficial. It was suggested that when an original site plan is received, an area will be designated for a receptacle, even if there is no plan to have one. The Commission instructed the ZEO to handle, and to follow up with Mr. Levy.
VII. ADJOURNMENT
Chairman Friedman adjourned at 10:40 p.m. until the next regularly scheduled meeting to be held on Monday, April 20, 2009 at the Old Saybrook Town Hall, First Floor Conference Room, 302 Main at 7:30 p.m.
Respectively submitted,
Maura Farbotka
Recording Clerk
| 
