Regular Meeting
Monday, October 5, 2009
First Floor Conference Room
302 Main Street
I. CALL TO ORDER
Chairman Friedmann called the meeting to order at 7:33 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman
Madeleine Fish, Vice Chairman
Walter Harris, Secretary
Carl Garbe, Regular Member
Geraldine Lewis, Regular Member
Charles Sohl, Alternate Member
John Duhig, 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 minutes of the September 22, 2009 meeting as presented; MADE: R. Friedmann; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay invoice #s 71217, 71092, 71093 and 71098 for a total of $2,305.78; MADE: by G. Lewis; SECONDED: by R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Anagnostics Associates Inc. $728.00; MADE: R. Friedmann; SECONDED: by C. Garbe; DISCUSSION ON THE MOTION: R. Friedmann explained this is a retainer to start the work on the reformation of the Zoning Commission Regulations that was approved at the 09/22/09 meeting; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IV. PUBLIC HEARINGS
A. Special Exception Use Application and Coastal Site plan Review Application
Multi-purpose recreation field and a 16 – unit affordable housing development
under Section 54.3.5 of the Incentive Housing Zone Regulations – 45 Ferry Road,
Map 45/Lot 3, Residence A Zone
Applicants: Town of Old Saybrook and HOPE Partnership, Inc.
Agent: Attorney David M. Royston
David Royston, Attorney for the Co-Applicants updated the commission on developments since the September 22 meeting. Comments and recommendations from Land Use Staff and the Department of Police Services were addressed. He noted most recommendations were incorporated into the revised site plans, or the new statement of use. He distributed for the record a memorandum titled “Ferry Road Special Exception Application”. This memo included those comments not addressed in the site plan or Amended Statement of Use. It outlined the findings the commission is required to make in addition to determining if a recommendation should or should not be made a condition of approval.
Attorney Royston reviewed the specific items including landscaping, parking spaces, signage, etc.
Other items reviewed:
-The gate at the rear of the property as requested by the OSPD; this will give access to Route 9 in emergencies. (This is still pending approval by the state).
-Two way entrance/exit for the driveway on the western side of the recreation field. This driveway will also allow either a right or left turn while exiting.
-Three no parking/fire lane signs (in lieu of painting on pavement)
Attorney Royston distributed an Amended Statement of Use Dated 10/05/09.
Discussion held at length with regard to sprinklers. Greg Nucci of Point One Architects answered questions from the commission. He estimated sprinklers would add an additional $4,000.00 - $5,000.00 cost per unit. Mark Branse raised further questions regarding sprinklers. Janice Elliot of the Women’s Institute confirmed that the addition of sprinklers would unreasonably impair the economic feasibility of the project.
Rain gardens were discussed. It was noted their exact locations and size would be determined prior to issuance of a building permit.
George Smilas, project engineer clarified several points regarding the revised site plan for the commission.
The list of referrals was reviewed. Don Lucas stated the WPCA would like to review the subsurface sewage plan when available.
The recommendations by the Architectural Review Board regarding outdoor storage and lamp wattage were noted.
Attorney Royston distributed an updated IWWC permit, modified on 10/05/2009.
Chairman Friedmann opened the hearing to the public:
Liz Swenson of the ARB and town resident Christian Jensen, Jr. both spoke in favor of the project.
Tony Lyons of 15 Beaver Dam Trail, and President of Hope Partnership thanked all parties involved in this worthwhile project and stated other Commissions in the state could follow this example.
MOTION to close Public Hearing; MADE: R. Friedmann; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Discussion by the Commission:
M. Fish stated this was designed as a safe project. R. Friedmann noted these plans must meet the building code for fire safety, and the sprinklers would affect the affordability aspect of this application. Other Commission members concurred.
G. Lewis stated for the record that she listened to the tapes of the 09/22/09 meeting, and feels qualified to vote on this application.
MOTION to approve The Special Exception use Application and Coastal Site Plan Review Application for a Multi-purpose recreational field and a 16-unit affordable housing development under Section 54.3.5 of the Incentive Housing Zone Regulations – 45 Ferry road, Map 45/Lot 3, Residence A Zone with the following conditions: (1) Legal documents and final modifications to be reviewed by Branse, Willis and Knapp. (2) Rain garden calculations to be reviewed by Jacobson and Associates, (3) the ARB lighting recommendation to be followed to be reduce bulbs to 50 watts. (4) The Ferry Road curb cuts to service all directions, (5) The sidewalk from the bus shelter to Ferry road will remain, (6) Perimeter landscaping waiver granted. This application and Coastal Site Plan Review to be approved because it is
consistent with all applicable coastal policies and uses all reasonable measures to mitigate adverse impacts; MADE: M. Fish; SECONDED: by W. Harris; M. Fish amended her motion to include approving 3 fire lane signs; W. Harris seconded this amended motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. Petition to Amend Zoning Regulations:
Section 9, Definitions, and Section 58, Connecticut River Gateway
Conservation Zone; Amend definition of height, Connecticut River Gateway
Zone, Riparian Buffer Area & Gateway Conservation Zone Setback
Petitioner: Old Saybrook Zoning Commission
The Commission discussed the amendments to the regulations. ZEO Costa reported on the referrals received, noting they were all positive. All referrals were pleased with the changes and the clarifications of these regulations.
MOTION to close Public Hearing; MADE: R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to approve the Petition to Amend Zoning Regulations for Section 9, Definitions, and Section 58, Connecticut River Gateway Zone, Riparian Buffer Area and Gateway Conservation Zone Setback; to be effective October 26, 2009; MADE: R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
A copy of the Adopted Gateway Amended Text is attached to these minutes.
V. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
-Lyons II Fabric, Boston Post Road, POD trailer to be removed.
-Sign enforcement/removal Across Town: Radio 104 and Radio 105 Cash Signs, Solar Home Show, and other Misc. signs.
-Azul Clothing, Main Street; unpermitted signs and business relocation without zoning compliance.
-Paul Burdick Oil Company, 950 Middlesex Turnpike: C&D for construction of second floor without zoning, special exception or building permits.
-Samuraii Restaurant, 1596 Boston Post Road; C&D for moving and flashing roof lights.
-Peter Gekas, 1017 Boston Post Road: C&D for storage of shipping container on vacant lot across from Henny Penny Convenience Store.
-Staples, Boston Post Road: Multiple stick in the ground computer repair signs.
-29 North Cove Road: Storage of boat in violation of the zoning regulations.
-Rutigliano, 57 Vincent Avenue: Follow up letter by Attorney Knapp for occupancy of structure without zoning compliance, filling within 50 feet of tidal wetlands, and addition of more than 9 cubic yards of fill without a special exception permit.
-Inferrerra, 16 Uncas Road: Follow up letter regarding construction of additions to house contrary to application approved by Zoning Board of Appeals. Applicant is aware of issue however has not responded since letter from 2008.
VI. ADJOURNMENT
Vice Chairman Fish adjourned at 10:56 p.m. until the next regularly scheduled meeting to be held on Monday, October 19, 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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