I. CALL TO ORDER
Chairman Friedmann called the meeting to order at 7:30 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman Charles Sohl, Alternate Member Madeleine Fish, Vice Chairman
Walter Harris, Secretary
Carl Garbe, Regular Member
Geraldine Lewis, Regular Member
John Duhig, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Maura Farbotka, Recording Clerk
III. REGULAR BUSINESS
MOTION to approve the minutes of the October 5, 2009 meeting as presented; MADE: W. Harris; 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 pay Branse and Willis invoice #s 23155, 23156, 23433, 23438, 23439 and 23440 for a total of $2,189.50; MADE: by G. Lewis; 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.
IV. REVIEW ZONING COMMISSION 2010 MEETING DATES
MOTION to approve the Zoning Commission 2010 meeting dates as submitted; MADE: by 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.
V. PUBLIC HEARINGS
A. Special Exception Use Application and Coastal Site Plan Review Application
Construct a 484 s.f. garage addition, 122 No. Cove Road, Map 32/Lot 61,
AA Zone; CT River Gateway Conservation Zone, No. Cove Historic Distict,
Coastal Management Zone
Applicant: Henri M. David, Jr. Agent: Brooke Girty, AIA
Mr. David and Ms. Girty answered questions for the commission regarding the proposed garage addition. ZEO Costa reviewed the positive referrals received from CRERPA, Planning Commission, Gateway, Health Department, and the Office of Long Island Sound. Clarification was made to the commission regarding the existing basement and the curb cuts on the property. The applicant confirmed that no trees which are visible from the CT River or North Cove will be cut down. This garage will be used for storage and as a work shop.
MOTION to close Public Hearing; 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 approve The Special Exception use Application and Coastal Site Plan Review Application for construction of a 484 s.f. garage addition, 122 North Cove Road, Map 32/Lot 61, AA Zone; CT River Gateway Conservation Zone, North Cove Historic District, Coastal Management Zone; that this application be approved because it is consistent with all applicable coastal policies and uses all reasonable measures to mitigate adverse impact; MADE: R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI. SITE PLAN REVIEW APPLICATION
Expand second floor for records storage and office space for a new gross floor
area total of 4,607 s.f. – 950 Middlesex Turnpike, Map 62/Lot 49, BO3 and AA-3
Zoning Districts.
Applicant: MPGG, LLC / Paul Burdick Oil Company, LLC
Agent: Attorney David M. Royston
Attorney Royston and Mr. Burdick were present. Attorney Royston gave a brief history of the property. He indicated the property is in the B3 Zone (1st 150 feet) and the remainder is located in the AA2 Zone. The building meets all zoning requirements with regard to setbacks and coverage. Mr. Burdick obtained a variance from the ZBA for an increase in a non-conforming use. Attorney Royston showed the commission photographs of the building both before and after construction of the addition, and submitted a landscape plan for the site. He noted the pavement parking encroaches on an adjacent property, and described the relocation and re-striping of the pavement. The parking calculation was based on an office use. This plan received positive referrals from the ARB, and the Economic
Development Commission. The health department reviewed/approved the plans.
Discussion was held with regard to height of the building, and how measured. The ZEO indicated the applicant is still working with the Building Official to improve handicapped accessibility for this location. No referral response was recieved from the Fire Marshal.
Chairman Friedmann confirmed with Attorney Royston that the new lights and the existing lights will be shielded.
MOTION to approve the Site Plan Review Application for expansion of the second floor for records storage and office space; new gross floor area of 4,607 s.f.; 950 Middlesex Turnpike; MADE: by R. Friedmann; SECONDED: by W. Harris; DISCUSSION ON MOTION: 1. The landscape plan submitted will make the property less non-conforming, and 2. Both the new and existing lights will be shielded; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, G. Lewis ; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VII. Max’s Place, LLC – Site clearing work on Spencer Plain Road:
Side of property to make development area of Phase 1 visible to
Prospective tenants; show the limits of clearing
Agent: David M. Royston~~~
Attorney Royston and Mr. Ron Lyman were present. Attorney Royston advised the commission Mr. Lyman wanted to keep the commission informed about the upcoming activity on the site with regard to site clearing work; noting they will not be commencing activity under the Special Exception or the Wetlands permit. Attorney Royston passed out a clearing plan for the commission, and indicated on this plan the trees that would be cleared on the site. All clearing will be at least 100 feet away from the wetlands/regulated area. There will be no clearing within the right of way. The cutting would not affect the trees which provide screening on Mr. Greenhoes property. The large trees by Dr. Flanagan’s property will not be cut. Attorney Royston emphasized there would be no large piles of debris left
on the site. There will be no clearing in the Phase II section of the site. Mr. Lyman clarified the dates of the project. After a contractor is chosen, he hopes to start the clearing towards the end of November or beginning of December, and noted barring any weather issues, the project should move along quickly. The Commission suggested to Mr. Lyman to contact the Tree Warden, or Town Planner Christine Nelson, with questions on any specific trees.
The Commission had no objection to the commencement of clearing and thanked Mr. Lyman for his efforts to keep them informed.
VIII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
- Walmart, 665 Elm Street, holiday seasonal trailers on site from 11/9/09 through 1/03/2010.
- ZEO discussed the Architectural Review Board’s concerns that sign companies are not seeking or informing new business owners that they are required to obtain a permit before purchasing and installing business signs. The recent relocation of Azul Clothing Store on Main Street resulted in the installation of signs over the sign band. Other situations have resulted in business owners purchasing costly signs that do not conform to the regulations. The Zoning Commission has made efforts to meet with business owners, business associations and sign companies over the past several years through meetings and letter writing campaigns to educate businesses about regulations and special events. ZEO Costa suggested and the Commission agreed it would be beneficial to send another round
of letters to the area sign companies to inform of our regulations. ZEO Costa will inform the ARB on this at the November 23, 2009 ARB meeting and see if the ARB has and additional suggestions regarding the content of the letters being sent by the Zoning Commission.
-Inferrerra, 16 Uncas Road. The ZEO advised that per the last meeting a litigation warning letter was sent to Mr. Inferrerra for construction exceeding the scope of variances obtained and a Certificate of Zoning Compliance. Attorney Childress contacted the ZEO on November 15, 2009 to advise he would be representing Mr. Inferrerra and would be applying to the Zoning Board of Appeals for variances for the scope of work that exceeded permits obtained. The Zoning Commission advised the ZEO to contact legal counsel to advise that the matter should not proceed and to wait to see the result of the ZBA meeting.
Leroy/Rutigliano, 57 Vincent Avenue. ZEO discussed this ongoing issue at length with the Commission. In 2007 a Cease and Desist Order was issued and not appealed by the applicant for filling on the property within 50 feet of tidal wetlands shown on the site plan. DEP was involved in the matter until the applicant hired a soil scientist who determined the wetlands were inland wetlands. The applicant then hired a second professional who determined the wetlands were tidal. Applicant has not applied to the Inland Wetlands Commission for a determination of wetlands jurisdiction and is now demanding that the ZEO issue a Certificate of Occupancy and that Attorney Cronin issue a wetlands determination. Both Attorney Cronin and Attorney Knapp have contacted the property owners
to reiterate that a wetlands determination was required by the IWWC and that zoning violations needed to be resolved. Mr. Rutigliano continues to demand a Certificate of Occupancy and to date has not made application to the IWWC. The owners continue to reside on the property seasonally without a Certificate of Occupancy. The Commission discussed the matter in depth including the efforts the ZEO has made over the past several years to assist the applicant in seeking compliance. The Commission instructed Ms. Costa to contact Attorney Knapp to legally pursue the 2007 un-appealed Cease and Desist Order.
Ibbitson, 5 Hilltop Drive. ZEO Costa received an e-mail including a traffic count and a telephone call regarding property located at 5 Hilltop Drive. The issue has been on-going for years and the Commission had determined and reconfirmed at the meeting that the issue of traffic going to and from a residence is a lifestyle issue not regulated by Zoning. Storage of firewood and cutting of firewood to heat the home is not a zoning violation. The Zoning Commission approved a site plan application over the summer for the operation of Ibbittson Tree Service at Spencer Plains Road, the Commission has no evidence that wood is being sold from the property and that there is no zoning regulation that prohibits Mr. Ibbitson or his workers from going to the site to eat lunch or have coffee. The Commission determined that
the evidence to support alleged zoning violations was weak and they restated their position that they cannot regulate the Ibbitson’s lifestyle. The Commission emphasized to the ZEO that this issue should be given the lowest priority in her workload and that if Mrs. Sumner feels this strongly about the matter that she can pursue the matter in civil court.
-Proposed new business, Saybrook Stone, 71Millrock Road, across from Pats Country Kitchen). ZEO Costa discussed the proposal to sell different types of stones and pavers. Large orders would be made and sent to a customer directly from a quarry located out of town. Displays would be installed on the property in the form of walkways or on display boards. The applicant proposes two bins of materials to the rear of the building for small pick up orders of stone dust or cobbles and palettes of pavers. The ZEO explained that the approved parking area is behind the building where the display are proposed however the property owner owns the adjacent property which houses the septic system for Pat’s Country Kitchen Restaurant. There is currently parking on that
adjacent site which the property owner would allow Saybrook Stone to use. Building would be used for retail office to order stone. The property owner provided a letter from Attorney John Bennett saying that the use of the property would be for this lease only and would terminate in the event of a sale of the restaurant property or in the event a new tenant occupies the space. The Commission felt comfortable with the lease agreement and commented that they were happy to see the space being occupied again. However, the Commission reviewed the plans proposed by the applicant and were concerned that plan was a little vague, did not quantify the amounts of materials proposed for outdoor storage nor the number of palettes stored on the premises. The Commission discussed the property location in the Gateway Business District and that the property is highly visible from Route 1. The Commission raised concerns that the outdoor storage area must be
screened per the regulations. The ZEO asked if the Commission wanted to see this as a formal application for modification of an approved site plan. The Commission responded that this would not be necessary if the applicant would come to the next meeting with a revised plan clarify some points regarding location of the pallets, parking and screening. ZEO Costa advised that she would request this of the applicant.
-ZEO Costa advised of upcoming applications.-ZEO reported she is working with Town Planner Christine Nelson on reviewing action items and possible updates to the following plans: Municipal Coastal Program, Hazard Mitigation Plan, Storm Water Management Plan, and Community Rating System (FEMA).
IX. ADJOURNMENT
Vice Chairman Fish adjourned at 10:55 p.m. until the next regularly scheduled meeting to be held on Monday, December 7, 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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