Regular Meeting
Monday, July 21, 2009 @ 7:30 p.m.
First Floor Conference Room
302 Main Street
I. CALL TO ORDER
Vice Chairman Madeleine Fish called the meeting to order at 7:33 p.m.
II. ROLL CALL
Attendant Members Absent Members
Madeleine Fish, Vice Chairman Robert Friedmann, Chairman Carl Garbe, Regular Member Walter Harris, Secretary
Geraldine Lewis, 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
Mark Branse, Legal Counsel
Alternate Member J. Duhig was seated.
III. REGULAR BUSINESS
MOTION to approve the minutes of the July 6, 2009 meeting as presented; MADE: G. Lewis; SECONDED: by C. Garbe; no discussion on the motion; VOTING IN FAVOR: M. Fish, C. Garbe, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
MOTION to pay Branse and Willis invoice # 22446 and invoice # 22443 for a total of $1246.22; MADE: by G. Lewis; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: M. Fish, C. Garbe, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
MOTION to pay Jacobson & Associates invoice # 16822 in the amount of $1247.26 MADE: by M. Fish; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: M. Fish, C. Garbe, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
IV. PUBLIC HEARINGS
A. Petition to Amend Section 37 of the Zoning Regulations, SP-3 District (Cont’d.)
To permit Hotel Suites as an accessory use to a permitted Hotel use not located on the
same lot as the Hotel, under specified conditions.
Petitioner: Saybrook Point Marina, LLC By: David M. Royston, Its Attorney
Attorney Royston reviewed the Petitioner’s request with the commission, and also questioned Commission members Garbe and Duhig if they had listened to the tapes of the previous meeting. Regular Member C. Garbe confirmed he had listened to the tapes.
Attorney Royston discussed Attorney Mark Branse’s 7/6/2009 letter to the Commission, which was not available at the last meeting. Attorney Royston reviewed the letter, and all the recommendations made by Attorney Branse. The Specific concerns discussed included:
-Enforcement: Regulation would state the maximum number of days and the maximum number in a calendar year. Attorney Royston noted that the Commission can attach the conditions that need to be met at the time of the Special Exception Application.
A concern was raised with regard to making all hotel records available. The ZEO would have access to any records for review to ensure conditions are being followed.
Multiple Hotel Suites: Applicant would have to comply with all building and ground coverage and parking regulations.
Attorney Royston stated the suggested revisions have been incorporated into the Petition and distributed a revised petition, dated 07/20/09.
M. Fish asked the Commission for any questions or comments.
Regular member C. Garbe raised concern of a guest transferring from suite to suite to avoid the 30 day limit.
Attorney Branse suggested this could be clarified as a condition in the regulations. Attorney Royston added another 30 days be added between stays and no transfer by an occupant from one unit to another. The Zoning Enforcement Officer read all referral responses into the record.
J. Duhig questioned the 24 units and their affect on the septic and parking. M. Fish confirmed this petition is to allow an additional use of the existing properties, and that at this point, the proposed site has already satisfied the parking and septic requirements. Any properties using this proposed new regulation will need to meet applicable health code requirements and would be reviewed during the Special Exception Permit process.
Vice Chairman Fish opened hearing for comments from the public. None noted.
Attorney Royston noted the letter from Torrance Downes, a resident of the area in favor of the proposed amendment to the regulations.
Attorney Branse suggested the proposed text to read “separated by an absence of no less than 30 days and no more than 90 days per calendar year, in one room, or in multiple rooms”. Discussion was held as to how the change would affect the existing hotel rooms.
Attorney Royston and his client requested a recess.
MOTION to recess item and move onto Public Hearing item B MADE: by G. Lewis; SECONDED: by C. Garbe; VOTING IN FAVOR: M. Fish, C. Garbe, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
B. “Incentive Housing Zone” Zoning Regulation Amendment
Petition to adopt new Section 54 Incentive Housing IH Zone and amend Section 9
Definitions to add definitions of: Commission, Developable Land, Underlying district,
Diverse uses, Duplex, Multi-family dwelling, Single-family dwelling, Two- family
Dwelling, Townhouse dwelling, Incentive housing development, Mixed-use
Development and will.
Petitioner: The Old Saybrook Zoning Commission
Attorney Mark Branse addressed the Commission stating he drafted the text with help from the Land Use Staff. He emphasized the decision to adopt new text is a legislative matter for the Commission to consider, and that the text is drafted in accordance with the incentive housing zone statute.
Attorney Branse reviewed the proposed new Section 54, and the amended Section 9, Definitions.
Attorney Branse noted the proposed text would allow for both residential and mixed uses. It encourages increased density and transportation.
-Special Exception reviews and underlying zoning regulations would still apply.
-Any area in the Gateway section would still be controlled by the Gateway Commission.
-Commission allowed to set aside open space.
Attorney Branse wanted it noted for the record of the “typo” in Section 54.10.2 which should read “public”, not private.
- ZEO Costa read into the record the following referrals: Favorable responses from the Conservation Commission, the ARB, Gateway Commission, the Planning Commission, and the Office of Long Island Sound.
Mark Branse noted the text and application has been sent to the State of Connecticut Office of Policy and Management within statutory time lines, and a review has not been completed within the 60 days required for a response. He advised the Commission not to expect comments, and it was noted their approval is not necessary in order to adopt the new regulations.
M. Fish opened the hearing to the public:
-MaryAnn Amore, Executive Director of Hope Partnership, Inc.
-Robert Fusari, Resident, Builder, and member of Hope Partnership
-Steve Tagliatella, Owner of Saybrook Point Inn and Marina
-Velma Thomas, OS Board of Selectmen
-David Royston, resident and member of Hope Partnership
Each of the above addressed the commission and commended both the Commission and the town staff on their success.
Maryann Amore encouraged the Commission not to limit the IHZ area to 5%.
MOTION to close public hearing; MADE: by G. Lewis; SECONDED: by C. Garbe; VOTING IN FAVOR: M. Fish, C. Garbe, G. Lewis, J. Duhig: OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
MOTION to adopt the “Incentive Housing Zone” Zoning Regulation Amendment; a Petition to adopt new Section 54 Incentive Housing IH Zone and amend Section 9 Definitions to add definitions of Commission, Developable Land, Underlying district, Diverse uses, Duplex, Multi-family dwelling, Single-family dwelling, Two-family Dwelling, Townhouse dwelling, Incentive housing development, Mixed-use Development and Will. Under section 54.10.2, it should read “public”, not “private”; MADE: by G. Lewis; SECONDED: by M. Fish; VOTING IN FAVOR: M. Fish, C. Garbe, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
A. Petition to Amend Section 37 of the Zoning Regulations, SP-3 District (Cont’d.)
To permit Hotel Suites as an accessory use to a permitted Hotel use not located on the
same lot as the Hotel, under specified conditions.
Petitioner: Saybrook Point Marina, LLC By: David M. Royston, Its Attorney
MOTION to reopen Public Hearing item A MADE: by G. Lewis; SECONDED: by C. Garbe; VOTING IN FAVOR: M. Fish, C. Garbe, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
Attorney Royston again addressed the Commission with regard to specific definitions of transient lodging/hotel & motel rooms, noting that the difference is the lack of cooking facilities in hotel rooms. He proposed defining hotel suites as one which contains cooking facilities and have the 30 day limitation apply to hotel suites only.
Steve Tagliatella, owner of the Saybrook Point Inn and Marina addressed the Commission noting the variety of timelines that his guests will stay at the Inn. Many guests stay long term due to surgery recovery, or corporate assignments, etc.
Attorney Royston requested a continuation of this public hearing to provide sufficient time to make amendments to the proposed text as discussed during the public hearing.
MOTION to continue Public Hearing item A, Petition to Amend Section 37 of the Zoning Regulations, SP-3 District; MADE: by G. Lewis; SECONDED: by C. Garbe; VOTING IN FAVOR: M. Fish, C. Garbe, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
C. “Incentive Housing Zone” Zoning Map Amendment
Petition to amend Zoning Map to adopt the Ferry Point Incentive Housing Overlay
Zone, 108 acres total (23.9 acres developable) overlaying portions of the Residence
A, Marine Commercial M-C, Shopping Center B-2 Zone and Industrial I-1 Zones.
Petitioner: The Old Saybrook Zoning Commission
Town Planner, Christine Nelson noted the numerous intensive meetings and workshops throughout the fall and winter to identify the eligible areas for the IHZ. Zoning Enforcement Officer Costa reviewed the favorable responses received from the ARB, Planning Commission, Conservation Commission, The Office of Long Island Sound, Gateway Commission, and CRERPA. The proposed map change was provided in the packets.
M. Fish opened the hearing to the public.
Maryann Amore with the HOPE Partnership fully supports the location and the map change.
MOTION to close public hearing; MADE: by G. Lewis; SECONDED: by C. Garbe; VOTING IN FAVOR: M. Fish, C. Garbe, G. Lewis, J. Duhig: OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
MOTION to adopt the “Incentive Housing Zone” Zoning Map Amendment; a Petition to amend Zoning Map to adopt the Ferry Point Incentive Housing overlay Zone, 108 acres total (23.9 acres developable) overlaying portions of the Residence A, Marine Commercial M-C, Shopping Center B-2 Zone and Industrial I-1 Zones; MADE: by G. Lewis; SECONDED: by C. Garbe; VOTING IN FAVOR: M. Fish, C. Garbe, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
D. “Town-wide Design Standards” Zoning Regulation Amendment
Petition to amend Section 3 Certificate of Zoning Compliance, and Section 7 Area,
Location & Bulk Standards: Remove Section 8 Additional Standards, Amend
ARTICLE VI Town-wide Design Standards, including Section 61 Performance
Standards, Section 62 Access, Circulation, Parking & Loading, Section 63
Landscaping, Screening & Buffering. Section 51.6.4 B2e Landscaping has been
Modified to incorporate amended, relocated text former Section 63.8
Landscape Plan and a new 51.5.11 Design Standards.
Petitioner: The Old Saybrook Zoning Commission
Town Planner, Christine Nelson discussed the design standards and guidelines that were developed town-wide, not just with affordable housing. The changes and additions as well as the removal of sections were reviewed. ZEO Costa reviewed the list of favorable referrals including the Office of Long Island Sound, Gateway Commission, Conservation Commission, Planning Commission, and the ARB.
M. Fish opened the hearing to the public.
Velma Thomas and Maryann Amore, and Robert Fusari all spoke in favor of the petition.
Attorney Mark Branse commended Christine Nelson and Chris Costa for producing such high quality regulations in house that successfully define Old Saybrook. It was noted that if the regulations were adopted that Old Saybrook would be the first Town in the State to adopt incentive housing zone regulations.
J. Duhig questioned the reduction of parking spaces of compact cars to 10%.
Town Planner, Christine Nelson thanked Attorney Royston, Attorney Branse, Maryanne Amore and Chris Costa for their hard work and assistance in drafting the text.
MOTION to close public hearing; MADE: by G. Lewis; SECONDED: by C. Garbe; VOTING IN FAVOR: M. Fish, C. Garbe, G. Lewis, J. Duhig: OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
MOTION to adopt the “Town-wide Design Standards” Zoning Regulation Amendment; a Petition to amend Section 3 Certificate of Zoning Compliance, and Section 7 Area, Location & Bulk Standards: Remove Section 8 Additional Standards, Amend ARTICLE VI Town-wide Design Standards, including Section 61 Performance Standards, Section 62 access, Circulating, Parking & Loading, Section 63 Landscaping, Screening & Buffering, Section 51.6.4 B2e Landscaping has been modified to incorporate amended, relocated text former Section 63.8 Landscape Plan and a new 51.5.11 Design Standards; MADE: by C. Garbe; SECONDED: by M. Fish; VOTING IN FAVOR: M. Fish, C. Garbe, G. Lewis, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.
V. COMMITTEE, REPRESENTATIVE AND STAFF REPORT
-The Old Saybrook Board of Education will be holding a carnival at the Old Saybrook High School Parking Lot on Boston Post Road from July 22 thru July 26. Okay for the ZEO to handle administratively.
-The Katherine Hepburn Cultural Arts Center is planning a gala opening for several days including a dinner dance on the green in October. Okay for the ZEO to handle administratively.
-The Old Saybrook Animal Hospital, (Spencer Plains Road) is proposing an addition to the animal boarding area, and an expansion to the hospital area. The Commission felt the additions were consistent with scope of the existing uses on the property and will anticipate a site plan application in the near future.
-Homegoods in the Old Saybrook Shopping Center is requesting a temporary trailer through August of this year.
-The ZEO continues to follow up on the sign violations at the shopping center as well as numerous zoning complaints and neighborhood disputes.
VI. ADJOURNMENT
Vice Chairman Fish adjourned at 9:55 p.m. until the next regularly scheduled meeting to be held on Monday, August 3, 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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