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 Walter Harris, Secretary
Madeleine Fish, Vice Chairman
Carl Garbe, Regular Member
Geraldine Lewis, Regular Member
Charles Sohl, Alternate Member
David Shearer, Alternate Member
John Talbott, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Maura Farbotka, Recording Clerk
Alternate John Talbott will be seated for Secretary Walter Harris.
III. ELECTION OF OFFICERS
MOTION to table the elections until the next regularly scheduled meeting to be held on January 19, 2009; MADE: by C. Garbe; SECONDED: by R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Town Planner Christine Nelson provided Chairman Friedmann a description of each position on the commission, which R. Friedmann read to all members.
IV. REGULAR BUSINESS
Alternate member C. Sohl should be listed under attendant members.
MOTION to approve the minutes of the December 7, 2009 meeting as amended; MADE: by M. Fish ; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Branse, Willis and Knapp invoice # 23680, in the amount of $43.50, and invoice # 23684 in the amount of $188.50 for pending litigation; MADE: by G. Lewis; SECONDED: by R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
V. PUBLIC HEARING
SPECIAL EXCEPTION USE APPLICATION & COASTAL SITE PLAN
REVIEW
Additions: 1530 s.f. restaurant use, 565 s.f. storage use, & 310 s.f. office use
Mike’s Deli (1195 s.f.), 1522 Boston Post Road, Map 26/Lot 28, Business B-4 District
Coastal Management Zone
Applicant: Nancy Engberg Agent: David Royston
Engineer Bob Doane and Attorney Katharine Gillespie were present for the applicant. Attorney Gillespie confirmed with ZEO Costa that copies of both the wetlands permit and the approved variance by the ZBA have been received by the Commission.
Mr. Doane reviewed the plans at length with the commission. He explained the proposed addition will allow for a 31 seat restaurant. Addition will be on the west side of the building. The existing 2nd floor, currently a hair salon, will be used as office and storage space. It was noted that the Planning Commission required the addition of a section of sidewalk which will run from the Edge of Chalker Beach Road to the west side of the proposed driveway. B. Doane stated this was an awkward addition to the plans.
He noted the review by the ARB. New street trees will be planted on the west side of the parking, inside the Right of Way. ZEO Costa stated it was possible for the applicant to add another tree closer to the property line behind parking space 10 by Chalker Beach Road. The applicant agreed.
B. Doane explained that the commission had been provided revised plans dated 01/04/2010.
C. Sohl questioned the hours of operation which Mike Fowler, operator of the business clarified. The deli will be open from 9:00 a.m. – 6:00 p.m. The restaurant will not be open for lunch, but will be open from 5:00 p.m. – 10:00.
B. Doane indicated the site is in a Coastal Area Management Zone; he stressed the proposed activities will have no impact on the coastal resources.
Attorney Eric Knapp’s December 9, 2009 letter was reviewed and all points were clarified. Discussion held on item # 3 (access/parking). Different proposed plans that were submitted to the DOT were reviewed and submitted for the record. B. Doane stated main purpose when modifying was to try to eliminate backing into the Boston Post Road. Plans must be approved by the DOT.
All items in G. Jacobson’s December 29, 2009 letter were clarified.
The loading space was reviewed. B. Doane indicated he did not feel a formal space is required. Deliveries would be made during off peak hours at the front of the store.
The location of the dumpsters, and the concrete pad they would be on were discussed. R. Friedmann confirmed the wooden stockade fence would achieve the required screening.
-It was noted a swale would be added for better drainage.
-The existing septic system will be used.
A photo of the proposed sign (5 x 3, oval) was submitted for review.
R. Friedmann opened the hearing to the public. No comments.
It was noted any proposed outdoor seating would be reviewed in the spring.
C. Sohl questioned if a spreader is needed at the end of the swale. B. Doane assured the commission there is not enough flow to warrant this. C. Sohl also questioned the removal of the asphalt and 6” drainage swale on the application since it was reviewed by the IWWC. Discussion held as to whether a review and/or modification to the IWWC permit were required. The Zoning Enforcement Officer indicated that the Applicant would need to discuss the minor changes with the Wetlands Enforcement Officer to determine if a permit modification was required.
Attorney Gillespie indicated that a wetland permit was in place and whether or not this application required further review by the IWWC, it does not prevent the Zoning Commission from voting on this application at this time.
Referrals were reviewed from the Planning Commission, Building Department, DOT, ARB, the Fire Marshall; all positive. No response from Chief of Police Spera.
MOTION to close public hearing; MADE: by G. Lewis; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to approve the Special Exception Use Application and Coastal Site Plan Review for Mike’s Deli with the following conditions:
1. Add a street tree (meeting no less than the minimum zoning requirements) along southerly side in line with parking space # 10; 2.
2. Stop signs located next to stop bars on Boston Post Road and Chalker Beach Road to be labeled on plans.
3. Dumpsters to be located where indicated enclosed with 6ft cedar stockade fence on three sides with a chain link gate with shielding behind the chain link.
4. Two new parking spaces to be stacked to the south of spaces #18 and #19, and designated as employee spaces w/ grass pavers.
5. Picket fence to be removed.
6. SE/SC bonding to be set by consulting engineer.
7. ZEO to review lighting detail and determine that the decorative pole light in parking uses a glass that prevents glare.
8. A portion of the 2nd floor as indicated on the plans is to be used for storage only and not expanded into the proposed office space.
The application is approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts; MADE: by R. Friedman; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
- Edward Sousa, 11 Red Bird Trail. ZEO Costa informed the Commission that she recused herself as ZEO on this matter and that Torrance Downes is acting as ZEO. Costa reported on behalf of Downes that for three years Downes has sent Cease & Desist Orders for storage of a boat on a trailer in violation of the Zoning Regulations. Downes was not successful in getting Sousa to move the boat to a location that satisfied the Zoning Regulations and Complainant, Paulene Kezer. Downes is referring the violation back to the Zoning Commission for guidance. Pauline Kezer was present at the meeting and discussed the ongoing issue with her neighbor and large boat which remains on property. Kezer indicated that the boat is in violation of the zoning regulations and does not comply with setbacks.
Ms. Kezer is now looking for further action from the Zoning Commission to resolve the matter. After a discussion, the Commission agreed to have Branse, Willis and Knapp send a litigation warning letter to Sousa.
-Rutigliano, 57 Vincent Avenue. ZEO Costa informed the Commission that a copy of the summons was included in the meeting packet.
-ZEO Costa advised the Commission that a copy of the Sidewalk Plan was in packets and discussed the importance of the Commission reviewing sidewalk locations on plans when submitted and that proposals for new sidewalks are consistent with the plan.
-ZEO Costa informed the commission that she is being appealed in front of the ZBA for a decision related to docks at Channelside Subdivision.
VII. ADJOURNMENT
Vice Chairman Fish adjourned at 10:22 p.m. until the next regularly scheduled meeting to be held on Monday, January 19, 2010 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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