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Zoning Commission Minutes 03/15/2010

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                      David Shearer, Alternate Member
Madeleine Fish, Vice Chairman                          
Carl Garbe, Regular Member  
G. Lewis, Regular Member                                                  
Charles Sohl, Alternate Member                                                                              
John Talbott, Alternate Member  
                                
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Eric Knapp, Legal Counsel
Maura Farbotka, Recording Clerk

Chairman Friedmann reported that at the March 4, 2010 Board of Selectman meeting, Charles Sohl was appointed to regular member of the Zoning Commission.

III. REGULAR BUSINESS

  • MINUTES
MOTION to approve the minutes of the March 1, 2010 meeting as presented; MADE: by M. Fish; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis ,C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.

  • CORRESPONDENCE

MOTION to pay Branse and Willis invoice # 24660, in the amount of $555.50, invoice # 24661 in the amount of $130.50, invoice #24667 in the amount of $362.50, and invoice # 34669 $116.00, for a total of $1174.00; MADE: by G. Lewis; SECONDED: by R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.

MOTION to pay Jacobson and Associates invoice # 71928in the amount of $58.20; MADE: by G. Lewis; SECONDED: by R. Friedmann; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.

The Commission and ZEO Costa discussed the bill received from Anagnostics Associates, Inc. in the amount of $1,638.75.  C. Costa stated the completed work was not satisfactory, and that she and Christine Nelson were meeting with the company this week to resolve.  

MOTION to approve invoice from Agnostics Associates, Inc. Check to be issued when the ZEO confirms the work product meets satisfaction of staff; MADE: by R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.

MOTION to amend the agenda and add item:  Discussion: Robins Den, LLC after completion of Public Hearings; MADE: by R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.

IV.    PUBLIC HEARINGS

          A.   SPECIAL EXCEPTION USE APPLICATION AND COASTAL SITE PLAN   
              REVIEW APPLICATION
            Valley Shore Assembly of God, 36 Great Hammock Road, Map 20/Lot 58, A Zone  
             Additions to expand church sanctuary and add parking spaces
             Applicant:  Valley Shore Assembly of God                       Agent: Marios Ellinas    

Marios Ellinas, Pastor of the Valley Shore Assembly of God, and Robert Doane of Doane & Collins, Engineering were present for the applicant. Mr. Ellinas distributed an updated site plan, which addressed recommendations from the Building Department. He noted they will be making further revisions to the plans which will incorporate the recommendations made by Jacobson and Associates.  
The plan adds a 17 x 35 addition to the existing building.  Plans for both the new septic system and parking were reviewed.  Mr. Ellinas indicated the two berms to be added, which were a requirement by the IWWC.  
There is no new lighting proposed.  R. Friedmann confirmed any open space on the sides of the ramp will be covered with lattice.  
Positive referrals from the Planning commission, ARB, Office of Long Island Sound and the Health district were received.  
All comments from the Building Department and the DOT have been addressed.
B. Doane reviewed each of the comments made by Jacobson and Associates, confirming all will be included in the final plans.  Final plans will include a parking table.
It was noted that a number of pre-existing non-conformities currently exist on the site.
The Commission and Mr. Doane both agreed the comment made by G. Jacobson pertaining to interior landscaping was not necessary.

Chairman Friedmann opened the hearing to the public.  No comments.

MOTION to close public hearing; MADE:  by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.

MOTION to approve the Special Exception Use Application and Coastal Site Plan Review for additions to expand the church sanctuary and add parking spaces, 36 Great Hammock Road, Map 20/Lot 158, A Zone; that it will be in compliance with comments from the Fire Marshal and notes from consulting engineer, G. Jacobson in his 3/14/10 report, with the exception of the comment pertaining to interior landscaping; that this application be approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impact; MADE: by  R. Friedman; SECONDED: by G. Lewis; no discussion on the motion; MOTION AMENDED:  by R. Friedman that the applicant will include/incorporate all comments from the Fire Marshal; AMENDED MOTION SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.


            B.    SPECIAL EXCEPTION USE APPLICATION AND COASTAL SITE
                 PLAN REVIEW APPLICATION
                Excavate, deposit and grade more than 100 cubic yards of material in one year
                and construct a retaining wall:  78 Neptune Drive, Map 8/Lot 52, A Zone
                Applicants:  Laura and Rock Martel

Rock Martel, Engineer Robert Doane, and Attorney Edward Cassella were present for the applicant.  


B. Doane reviewed the plans with the commission stating the existing timber retaining wall is failing.  Proposal would replace with reinforced concrete blocks.  Mr. Doane submitted drawings showing the cross section of the new retaining wall.  
B. Doane noted his disagreement with the state that a permit is needed.  Silt fencing is already in place, and more can be added if necessary. He emphasized all work can be done above one year flood event, and it will be outside of the tidal wetlands.  
Contact has been made with Sue Bailey to discuss.  No reason to delay progress or start of work now.  
R. Martel distributed photos and a drawing of the property.  He also submitted for the record a written construction sequence of the project.  He noted earth colored concrete blocks will be used.
C. Garbe questioned the timeline of the project.  Mr. Martel said he thought less than a year, and that he was hopeful by the end of 2010.
R. Friedmann confirmed all timber/wood from the old wall will be removed off site as it is replaced, in addition to all the vertical posts and braces.  
Mr. Martel submitted letters from neighbors, and the Knollwood Beach Association.
All construction equipment will be removed from the property upon completion of the project.  Mr. Martel confirmed there will be a small increase to the impervious cover.
Recommendations in G. Jacobson’s 3/8 letter were discussed.
The applicant will increase the amount of seed to 5 lbs per every 1,000 s.f.  
Only one unregistered vehicle will be allowed on the property.
Excavator will not cross over septic.
During the construction, no vehicles will impede traffic on Neptune Drive.  There should be no more than 22 trucks of fill needed.
Referrals received from Planning Commission, Attorney Knapp, Building Official, and the DEP.  A building permit will be required.
    
Chairman Friedmann opened the hearing to the public.  No comments.
Attorney Knapp stated this trial is scheduled to begin at the end of the month.
Discussion held at length with regard to setting a date of completion for the project. Mr. Martel requested a full year.  
The commission stated it had to hold firm to the 11/1/2010 completion date since the applicant started the project 20 years ago and  has not yet been completed.


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, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.





MOTION to approve the Special Exception Use Application and Coastal Site Plan Review to excavate, deposit and grade more than 100 cubic yards of material in one year and construct a retainer wall, 78 Neptune Drive, Map 8/Lot 52, A Zone, with the following conditions: 1. site work MUST be completed by 11/1/2010; 2. that by the completion date all construction equipment will be removed from the property;
3.  All wood from existing retaining wall will be removed; 4. Property to look like typical residence in neighborhood; 5.  Conditions and recommendations in Jacobson’s 3/8/2010 letter will be reflected in final plans; 6. Revised plans to incorporate all ZEO comments made in 2/12/10 letter; 7.  Two bonds (performance and SE/SC) amounts to be set by Jacobson and Associates; 8.  The applicant will resolve all issues with DEP and the Office of Long Island Sound; that this application be approved because it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impact; MADE: by R. Friedman; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.


  • Garbe left at 9:14 p.m.  J. Talbott was seated.
V.  DISCUSSION: Robins Nest
     Adult day care facility.

Robin Twigg, of Robins Nest in Old Saybrook and Clinton was present.  She is looking for residential, non-commercial area to move her facility.  She would like to open a facility which would offer alternative care for the elderly.  The site would have 15 patients maximum (5 living onsite, 9 daytime) and 2 staff.  Skilled nursing to be provided during the day.  She has a similar home in Clinton.
Conflicts with regulations discussed.  Suggestion made of a possible text change.
M. Twigg will get a copy of the Clinton regulations for ZEO review.
Zoning Commission is open to looking at these regulations as a model, as to how they may work in Old Saybrook.  

VI. COMMITTEE, REPRESENTATIVE  & STAFF REPORTS

-West Marine, Boston Post Road submitted an application for a special event/sale.
-Chairman Friedmann read for the commission the letter written to Dr. Walter Harris thanking him for his years of service.
-ZEO and Land Use Department are in the process of sending out the annual renewals for outdoor seating.
-Annello Brothers Property; corner of Lynde and Elm Street.  Proposed screened dumpster would be considered a structure and not permitted in the setback..



VII. ADJOURNMENT
 
Chairman Friedmann adjourned at 9:55 p.m. until the next regularly scheduled meeting to be held on Monday, April 5, 2010 at the Old Saybrook Town Hall, First Floor Conference Room, 302 Main at 7:30 p.m.

Respectively submitted,

 
Maura Farbotka
Recording Clerk