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 Paula Stuart, Regular Member
Geraldine Lewis, Alternate Member Carl Garbe, Regular Member
Charles Sohl, Alternate Member
John Duhig, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Christine Nelson, Town Planner
Maura Farbotka, Recording Clerk
Alternate Member G. Lewis seated W. Harris.
Alternate Member C. Sohl seated for P. Stuart.
Alternate Member J. Duhig seated for C. Garbe.
III. REGULAR BUSINESS
A. MINUTES
MOTION to approve the minutes of the April 20, 2009 meeting MADE: by M. Fish SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Jacobson and Associates invoice # 16487 in the amount of $58.20; MADE: by G. Lewis; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IV. REQUEST FOR MODIFICATION OF SITE PLAN:
47 Spencer Plains Road, Map 25/Lot 25, B-4 Zone
Request partial substitution of perimeter landscape buffer with fencing.
Applicant: Dirt, LLC, c/o Tom Van Epps Agent Edward Cassella
Karl Malinowski was present for the applicant and is requesting from the Commission a modification to the plan approved by the Zoning Commission in January 2009. This plan included planting 26 cedar trees along the Amtrack property line. Mr. Malinowski reported Amtrack will soon be spraying in this area which would pose a threat to the new trees if planted. He requested installation of a six foot fence in lieu of the trees. He stated it would run from the existing Willow tree to the Westbrook Town Line.
A second request was made regarding clarification of the height and caliper of the trees. The commission approved 6 to 8 foot high trees.
The Commission considered this a minor modification to the previously approved site plan.
The Inland Wetlands area was discussed.
ZEO Christina Costa agreed with this Modification.
MOTION to approve the Modification of Site Plan at 47 Spencer Plains Road, Map 25/Lots 25, B-4 Zone; to substitute a 6 foot high cedar stockade fence to extend from the willow tree on site to the 100 foot setback of the Westbrook Inland Wetlands; to also permit the cedar trees on the planting schedule updated 05/04/09 be 6 to 8 feet in height, MADE: by R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Attorney Royston addressed the Commission noting the numerous members of the public present for Agenda item # VI.
MOTION to amend the agenda and reverse items V and VI; MADE: by M. Fish; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Duhig; OPPOSED: none: ABSTAINING: none; APPROVED: 5-0-0.
VI. DISCUSSION: Special Exception Application of River Sound Development, LLC for Open Space Subdivision Plan for “The Preserve”, Ingham Hill Rd. & Bokum Road. Pursuant to Sect. 56.5 of the zoning regulations, request, on behalf of River Sound, that the Zoning Commission grant an extension of time of one (1) year to file final plans for the Open Space Subdivision Plan Agent: Attorney David M. Royston
Attorney Royston gave a summary of the history of this Special Exception Application noting the 2005 approval by the Planning Commission, and its subsequent appeal. The Planning Commission approval became final in June 2008 after the appeal period expired. It was noted that under the regulations, the applicant has 1 year to apply for a final subdivision. Attorney Royston is asking the Commission to grant a 1 year extension to file these final plans. He stated once this plan was approved, River Sound began the engineering and application process to the Inland Wetlands Commission. This matter is still under appeal. Attorney Royston is requesting this extension under Sect. 56 which states a one time extension can be granted for good cause.
The Commission members all agreed this extension is being requested due to factors controlled by the courts.
R. Friedmann recognized the numerous members of the public present and provided them the opportunity for comments. The following members of the public spoke in opposition of the extension.
- Ted Levy: Read a motion from the Zoning Commission’s 3/20/06 minutes raising the question if the one time extension was already granted.
-Robert Day, Schoolhouse Road: Mr. Day urged the Commission to not grant a second extension on this application.
-Sarah Keeney
-Diana McMann
-Bill Marston
-Ms. Ferraiolo
-Sue Ellen McKeon, Essex: asked for clarification of companies and names now backing River Sound, LLC.
-C. Cobb of Whitney Avenue noted his appreciation of both Attorney Royston and the Zoning Commission with regard to the professionalism shown throughout this process.
Attorney Royston responded to Mr. Levy’s comment that the planning commission’s final decision was not until June 2008, and that date is what triggers the deadline.
A discussion was held with the commission about the extension. All members agreed they should discuss with legal councel and respond at the next regularly scheduled Zoning Commission meeting to be held on May 18, 2009.
C. Sohl noted any absent Commission member who may be seated for next meeting should listen to tapes from this meeting.
Attorney Royston noted the numerous conditions on the approved Special Exception stating the applicant must comply with all these conditions or must apply for a Modification to the Special Exception.
Chairman Friedmann assured the public that no decision would be made at tonight’s meeting pending information and advice from the Zoning Commission’s councel.
Alternate Member G. Lewis left the meeting.
V. PRELIMINARY DISCUSSION:
Properties at Bridge Street, Map 24/Lots 53, 54, and 55
Owner: Saybrook Pt. Inn Agents: Attorney David Royston & Jonathan Turley
Attorney Royston and Saybrook Point Owner, Stephen Tagliatela was present. Attorney Royston provided the Commission with a history of the site (Saybrook Point, LLC) which includes the Hotel, Marina, and the apartments across the street. The recent purchase of both 21 and 19 Bridge Street were noted.
Attorney Royston provided the commission with materials including an aerial photograph, a blow up of the district, and a copy of the SP District Regulations.
The applicant is looking to amend the Saybrook Point Regulations and add under Sec 37 a new use: Hotel Suites for Transient Lodging. Attorney Royston stated this new use would include certain limitations and provisions written in the regulations. The suites would be accessory to and administratively part of the hotel under the regulations.
The proposed suites would consist of no more that 2 bedrooms per suite, and may include a cooking facility. The dimensions were a minimum of 750 s.f., and a max of 1900 s.f. . There would be 2 parking spaces per suite.
Mr. Tagliatela addressed the Commission regarding the change, and the request to eliminate the 90 day requirement.
Attorney Royston stressed there would be no expansion to the footprint and would be an enhancement with out any detriment to the town’s character.
ZEO Costa raised concern with the Commission regarding a lack of a definition for “hotel” in the regulations.
MOTION to amend the agenda and move items VIII and IX before item VII; MADE: by R. Friedmann; SECONDED: by C. Sohl; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Duhig; OPPOSED: none: ABSTAINING: none; APPROVED: 5-0-0.
VIII. OLD BUSINESS:
Requests of restaurant for outdoor seating (follow up with Comfort Café and final (4th)
notice to Fiore’s, Starbucks and Vanderbrook
The ZEO reported clarification is needed from Vanderbrooks with regard to their outdoor seating. The ZEO did receive the application from Starbucks, but needs to clarify the numbers. She suggested a certified letter to Fiore’s for their outdoor seating applications stating that since an application was not received that the Zoning Commission would assume that they would not have outdoor seating this year. The Commission agreed and directed the ZEO to prepare the letter.
IX. COMMITTEE, REPRESENTATIVE AND STAFF REPORT
-T & T Fireworks looking to Lease Space at the former Luigis Express. The applicant is looking to lease from June 8, 2009 thru July 5, 2009. Commission agreed this is a retail to retail use.
-Grossmans, Middlesex Turnpike is holding a tent event to run from May 1, 2009 thru May 16, 2009.
-Paul Burdick Oil Company, Middlesex Turnpike. ZEO provided the Commission with plans to raise the roof for additional storage and office space. The Commission stated this is an expansion of a non conformity since the oil business is prohibited in the zone and any expansion to house office or paperwork would be an expansion.
-Allen Hull of 756 Middlesex Turnpike is looking for approval to add enclosures to hold stockpiled dirt, peat moss and other materials that he sells at 756 Middlesex Turnpike. The enclosures would be similar to those at Scott’s Farm Market on Middlesex Turnpike. Commission agreed this is no expansion of the use, would improve soil and erosion control and authorized the ZEO to handle administratively.
- The ZEO advised the Commission of the reoccurring complaints from neighbors adjacent to the Evangelisti property located at 65 Bokum Road. The Complainant, Ms. Michaud of 75 Bokum Road has made numerous complaints over the past several years and now has stopped in the office or calls on a weekly basis. The ZEO did investigate a number of complaints which did not result in notices of violation and is preparing a letter to Ms. Michaud outlining her results. The Zoning Commission directed the ZEO to make new, repeated complaints of alleged violations of the regulations a low priority noting her already important, very time consuming daily tasks.
-Dirt, LLC: ZEO Costa summarized the 2 days in court noting that a Stipulated Judgment was agreed. The Judgment has not been published yet however Ms. Costa and Chairman Friedmann outlined that Mr. Van Epps must meet all conditions of the Zoning Commission by June 1, 2009 or would be held in contempt of court which according to the Judge could result in incarceration and $22,500 in damages to clean up the property.
VII. WORKSHOPS:
A. INCENTIVE HOUSING ZONE: Town Planner Christine Nelson advised the
Commission that the final draft has been submitted to Atty Branse for review.
B. ZONING REGULATIONS REWRITE SECTION 62: Update and
reformat Article VI Town wide Requirements
Town Planner Christine Nelson distributed materials to the commission including the last section of the design standards in addition to the most recent Planning Commission Journal. The workshop will be rescheduled to an upcoming Zoning Commission Meeting.
X. ADJOURNMENT
Chairman Friedman adjourned at 10:15 p.m. until the next regularly scheduled meeting to be held on Monday, May 18, 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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