The Zoning Commission met at the Town Hall at 6:00 p.m. to travel and conduct annual gravel pit renewals for B&L Construction (Allen Hull), Middlesex Turnpike, Carl Piontkowski, Connelly Drive and Robert Dibble, Ingham Hill Road. The Commission voted to amend the agenda to inspect property of Dirt, LLC., 47 Spencer Plains Road to determine if the site had been cleaned in accordance with the Superior Court Stipulated Agreement on this enforcement matter. Thomas VanEpps, Jr. and Thomas Lemiere were at the Dirt, LLC. property and walked with the Commission.
Robert Friedmann, Walter Harris, Carl Garbe, Gerri Lewis and Christina Costa, ZEO conducted the site inspections.
MOTION to amend the agenda to add to the section entitled V. RENEWAL OF GRAVEL PIT PERMITS the inspection of the Van Epps property, Dirt, LLC.; MADE: by R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, W. Harris, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: Charles Sohl; APPROVED: 4-0-0.
I. CALL TO ORDER
Chairman Robert Friedmann called the regular meeting to order at 7:35 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman Madeleine Fish,Vice Chairman
Walter Harris, Secretary Paula Stuart, Regular Member
Carl Garbe, Regular Member John Duhig, Alternate Member Geraldine Lewis, Alternate Member
Charles Sohl, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Kathleen Noyes, Recording Clerk
Alternate Member G. Lewis seated for Madeleine Fish.
Alternate Member Charles Sohl seated for Paula Stuart.
Walter Harris arrived at 7:40 p.m.
Jean Castagno was in the audience.
III. REGULAR BUSINESS
A. MINUTES
The following corrections should be made to the May 18, 2009 minutes: under IV. Deputy Chief Spera was referred to as “Lieutenant” Spera, on page 2, Chuck Still’s last name was misspelled as “Sill”, on page 3, in the larger motion box, where it says, “the public was given an opportunity at the May 4, 2009 meeting to speak”, it should then say, “and they were heard.” Also, C. Sohl recused himself from IV. PRELIMINARY DISCUSSION:Katherine Hepburn Cultural Arts Center Off-site parking, but returned before V. OLD BUSINESS.
MOTION to approve the minutes of the May 18, 2009 meeting as amended: MOTION MADE: by G. Lewis; SECONDED: by Carl Garbe; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, C. Sohl, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
Commission members received a letter from Paula Stuart who is resigning from the Zoning Commission effective June 1, 2009. She would like to give her endorsement to Geraldine Lewis for her seat.
No bills or other correspondence were presented.
IV. DEPARTMENT OF ENVIRONMENTAL PROTECTION REFERRAL ENVIRONMENTAL IMPACT EVALUATION
Prepared pursuant to Section 22a-1b of the Connecticut General Statutes and Section 22a-1a-10 of the Regulations of the CT State Agencies for Establishment of a Decentralized Wastewater Management District within the Town of Old Saybrook.
C. Costa explained that this is a referral to the Commission from the CT DEP regarding the proposed new Waste Water Management District in Old Saybrook. The Commission discussed the proposal and concluded that the reduction of nitrogen in ground water would positively affect the Commissions regulations that protect coastal resources (CAM), tidal wetlands regulations and aquifers in Old Saybrook without promoting increases in densities.
The Zoning Enforcement Officer drafted a referral response encompassing these points and the Commission directed the ZEO to send this letter on behalf of the Commission.
V. MINOR AMENDMENT TO APPROVED SITE PLANS
(pursuant to Section 51.13.1 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 Road West and Lot 6-16) By: Attorney David Royston
Attorney Royston explained to Commission members that the applicant was requesting 3 modifications to the Site Plan and Statement of Use:
The first modification involves the Stormwater Management Plan. The DEP has recommended a revision of the Plan so that wetlands will not be used and that the wetlands will be left alone. The IWWC approved this amendment to the Plan, and now the applicant is requesting that these changes that the IWWC approved be incorporated into the ZC Site Plan.
The second modification involves the change of use of buildings A, B &C for other permitted uses in the zone. Instead of just retail use, the applicant is requesting that there be an allowance of up to 20,000 square feet of office space. Attorney Royston explained that there will be no change in the façade or the exterior of the building.
The third modification is to allow deferral of construction of the “liner” buildings A & B. Attorney Royston explained the history of the purchase of this property and that the property was sold with a restriction that it not be used as a grocery store. The property was initially treated as a separate lot with cross easements, and Mr. Lyman went to court. The judgment was for the plaintiff (Mr. Lyman), and that restriction is now null and void, however, the case is being appealed. It could be another 1 ½ years until a final decision is made.
Attorney Royston presented a Schematic Elevation at Landform Along Spencer Plain Road, building C is pictured, and he explained how the modified landscape plan would obscure the parking area. He also submitted an amendment dated 5/28/09 LS-2 “street trees”. He gave Commission members a copy of the master plan (MA 1)with the zoning data table. Attorney Royston stressed that if the alternative plan is approved as part of the Site Plan, all of the infrastructure will be the same as what was initially approved.
Mr. Lyman arrived at 8:10 p.m.
R. Friedmann read from Zoning Regulation 51.13.2, and said he felt this should be defined as a “major” amendment not a “minor” amendment. He further explained that Liner Buildings A & B were an integral part of the plans that were originally approved by the Zoning Commission. If only a grocery store is built, the project no longer meets the definition of a “shopping center” under Zoning Regulations. R. Friedmann said he felt that another Special Exception Application should be required.
Attorney Royston explained that it is not consistent with the development to have vacant buildings, and that when there are perspective tenants, the Liner Buildings A & B will be built, but at this time the amended landscaping plan will keep the character of the project and the original intent of what was approved.
R. Friedmann and Attorney Royston discussed the difference between a “major” and a “minor” amendment.
Commission members had concerns about the percentage of office space versus retail space, and it was decided that the amended proposed statement of use be amended so there will be a cap of 20,000 square feet that can be used for “other than retail” space.
Mr. Lyman spoke about the importance of first building the “anchor” store which will be the grocery store (Building C), and then to phase in Buildings A & B.
MOTION to consider MINOR AMENDMENT TO APPROVED SITE PLANS
(pursuant to Section 51.13.1 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 Road West and Lot 6-16) By: Attorney David Royston to be a “minor” amendment.; MADE: by R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: G. Lewis, W. Harris, C. Garbe, C. Sohl; OPPOSED: R. Friedmann; ABSTAINING: none; APPROVED: 4-1-0.
MOTION to approve MINOR AMENDMENT TO APPROVED SITE PLANS
(pursuant to Section 51.13.1 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 Road West and Lot 6-16) By: Attorney David Royston with the stipulation that there not be more than 20,000 square feet of office space in the entire project of combined Buildings A, B & C, and that there be a $5,000.00 bond for the town to bring in a Landscape Architect so that landscaping will achieve the same affect as Buildings A & B.; MADE: by G. Lewis; SECONDED: by W. Harris; extensive discussion on the motion by R. Friedmann and W. Harris; VOTING IN FAVOR: G. Lewis, W. Harris, C. Garbe, C. Sohl; OPPOSED: R. Friedmann; ABSTAINING: none; APPROVED: 4-1-0.
VI. WORKSHOP: ZONING REGULATIONS REWRITE:
Christine Nelson, Town Planner, has asked Zoning Commission members to review the proposed text and to do the “quiz” from the last Zoning Commission meeting. C. Costa will have C. Nelson e-mail a copy of the draft of the Zoning Regulations Rewrite in their latest version prior to the special meeting. The Commission was reminded by the Chairman that a Special Meeting Workshop will be held on Thursday, June 4, 2009 at 7:15 p.m. and that the Commission should have reviewed all the materials and complete the neighborhood quiz prior to the meeting
VII. RENEWAL OF GRAVEL PIT PERMITS:
Commission Members Robert Friedmann, Walter Harris, Carl Garbe and Geraldine Lewis discussed annual gravel pit inspections made at 6 p.m. Overall the Commission felt the three gravel pit sites inspected were in excellent condition.
1. ~B&L Construction, Middlesex Turnpike, Map 63/Lot 3
MOTION to renew gravel pit permit to B&L Construction for 2009-2010; MADE: by R. Friedmann; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, G. Lewis, W. Harris, C. Garbe; OPPOSED: none; ABSTAINING: C. Sohl; APPROVED: 4-0-1.
2.~~~~~~Pointkowski, Middlesex Turnpike, Map 52/Lot 32
MOTION to renew gravel pit permit to Pointkowski for 2009-2010; ~MADE: by R. Friedmann; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, G. Lewis, W. Harris, C. Garbe; OPPOSED: none; ABSTAINING: C. Sohl; APPROVED: 4-0-1.
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~~~~~3. ~~Dibble, Ingham Hill Road, Map 35/Lot 7
MOTION to renew gravel pit permit for Dibble for 2009-2010; MADE: by R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, G. Lewis, W. Harris, C. Garbe; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-1.
4. Dirt, LLC., 47 Spencer Plains Road, Map 25, Lot 25 – Review of clean up for Compliance with terms of Superior Court Stipulated Agreement.
Earlier this evening, Commission members went for a site walk at the Van Epps property, Dirt, LLC. Thomas Van Epps, Jr. from Van Epps Construction and Thomas Lemiere from Tom’s Lawncare were both present. June 1, 2009 is the date stipulated that all conditions of the Zoning Commission approval were to be met.
Commission members noted progress on the clean up however remaining debris still needed to be removed. The Zoning Commission and the ZEO, C. Costa, are not recommending the debris be moved to the Westbrook side of the property. The Commission made the following comments to Mr. Lemiere and Mr. VanEpps, Jr.
- There is a metal building in pieces owned by Paul Burdick which must be moved off site. Commission commented that the removal of the building would be in the best interest of the cows who were walking over the metal.
- The Tom’s Lawn Care equipment located on the side west of the storage trailers near the Amtrak line is to be obscured from view from the Amtrak property by a fence. No outside storage areas were proposed as part of the approved site plan. The Commission felt that if Tom’s Lawn Care equipment moved behind the proposed stockade fence along the railroad, that the equipment would be sufficiently screened. The fence will screen it from view if one were on the Amtrak property.
- Commission members noted that Mr. Van Epps has started landscaping. Landscaping plants need to be stabilized (some need planting and others need watering).
- The boat under the storage trailers must be removed from the site.
- The firewood pile and stumps must be removed. The representative from Tom’s Lawncare (Thomas Lemiere) said it would be moved off site.
- Trailers are in a different location than shown on the approved site plan. Trailers should either be relocated or plans should be drawn to show where the trailers will stay.
- The green and white plastic pipes and the coiled black pipe must be moved to the westerly side of the storage trailers, but it must not be in the wetlands.
- The snowplows don’t need to be relocated.
- Thomas Lemiere from Tom’s Lawn Care would like to store things near the adjacent to the building he rents. If he is to store things adjacent to the dumpster, parking spaces 8 & 9 must be relocated to another site with an approved site plan modification.
- Cleanup needs to be done on the easterly side of the pond, in the wetland area. Area is disturbed and has some debris.
- Commission would like to see stabilization of disturbed areas.
C. Costa stated that the mylar was received today, June 1, 2009 and the third payment of $2,000.00 was also received today, but it was due on May 25, 2009 per the stipulated judgment. C. Costa also noted that according to the court stipulation, the final cleanup was to be completed June 1, 2009.
The Zoning Commission stated that the remaining items described as needing to be removed should be completed by June 8, 2009. Progress has been noted, however, it is not satisfactory.
The Commission instructed C. Costa to consult with Attorney Eric Knapp to see if the Zoning Commission should take Dirt, LLC back to court immediately or if the allowing a final update of June 8, 2009 for Dirt to finish clean up would be satisfactory and not jeopardize any legal remedies the Commission may have.
C. Costa inspected and talked with T. Van Epps on May 29, 2009 and again today, June 1, 2009, when she also spoke with his attorney, Ed Cassella regarding the clean up efforts and outstanding issues.
The Zoning Commission does not feel that the property is used as a farm or is an agricultural operation. There are no agricultural products. It is a contractor’s storage business.
VIII. COMMITTEE, REPRESENTATIVE AND STAFF REPORT
C. Costa stated that Fiore’s Restaurant had been notified by letter regarding a renewal application for outdoor seating. They would like the same outdoor seating arrangement as last year. The Commission approved the request for outdoor seating renewal.
Friends of the Acton Library would like a sign in the median to advertise for their book sale. It was decided that any signs should go on private property and not property of the State.
C. Costa discussed the property owned by Paul Burdick of Burdick Oil, on Middlesex Turnpike. Mr. Burdick has applied to obtain a variance from the Zoning Board of Appeals for expansion of a non-conforming oil company use. They’ve started stripping the siding and propose to clean up the site, improve landscaping and parking spaces. C. Costa is expecting a plan to be coming in soon. R. Friedmann said he would like to see it as a formal Site Plan Review. The Commission concurred with Chairman Friedmann.
IX. ADJOURNMENT
MOTION to adjourn the meeting at 10:05 pm until the Special Meeting of the Zoning Commission on Thursday, June 4, 2009 at 7:15 p.m. in the 2nd Floor Conference Room to discuss the Incentive Housing Zone; MADE: by R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, W. Harris, C. Sohl, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Respectively submitted,
Kathleen Noyes
Recording Clerk
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