I. CALL TO ORDER
Chairman Friedmann called the meeting to order at 7:31 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman None.
Madeleine Fish, Vice Chairman
Geraldine Lewis, Secretary
Carl Garbe, Regular Member
Charles Sohl, Regular Member
David Shearer, Alternate Member
John Talbott, Alternate Member
Attendant Staff
Mark Branse, Legal Counsel
Maura Farbotka, Recording Clerk
III. REGULAR BUSINESS
On Page 1 under Absent Members, C. Sohl should be listed as Regular Member, not Alternate Member.
Corrections on page 3: Fifth line should read “Frankie & Giannis / Liv’s…”
MOTION to approve the minutes of the May 3, 2010 meeting as corrected; MADE: by R. Friedmann; SECONDED: by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, G. Lewis; OPPOSED: none; ABSTAINING: C. Sohl; APPROVED: 4-0-1.
MOTION to pay Jacobson and Associates invoice # 72240 in the amount of $174.60; invoice # 72241 in the amount of $87.30, and invoice # 72242 in the amount of $58.20 for a total of $320.10; MADE: by G. Lewis; SECONDED: by C. Garbe; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IV. PUBLIC HEARING:
PETITION TO AMEND OLD SAYBROOK ZONING REGULATIONS
SECTION 56.5 Open Space Subdivision Approval: to toll (suspend) the one year
filing deadline for final subdivision plans while appeals of related decisions
are pending, including the decision of the Inland Wetlands & Watercourses.
Applicant: Riversound, LLC Agent: Atty. David M. Royston
Attorney David Royston addressed the commission for the applicant, Riversound, LLC, a wholly
owned subsidiary of Lehman Brothers, which is currently in bankruptcy.
Architect Robert Levine, and Landscape Architect Spence Levine were present for Riversound, LLC. Attorney Royston provided the commission with a thorough history of the site which contains approximately 1,000 acres, the majority of which is located in Old Saybrook.
Attorney Royston broke down the original applications timeline from the beginning through the current ongoing appeals. He discussed the denial of the application by the IWWC, which decision was appealed to the Superior Court. The Superior Court upheld the IWWC decision, and was again appealed by Riversound, LLC. To date, this appeal is still pending in the appellate court.
Attorney Royston discussed the one year extension to file plans for the Open Space subdivision which was approved by the Zoning Commission in its May 18, 2009 meeting. This extension will expire on June 5, 2010. He stated this text amendment seeks to have “tolling” apply not only to approvals, but also to denials. Royston discussed the intent of the submitted “Text of Petition”, dated April 19, 2010. He pointed out that if the text change is approved, that even with appeals, the timeline would never extend past 10 years.
R. Friedmann raised questions regarding the legal notice. Attorney Mark Branse stated that the language of the legal notice was sufficient, and does not need to be exact. Attorney Branse answered many questions and clarified numerous points for the Commission.
Referral responses received:
-Planning Commission
-CRERPA
-Marci Balint of the Office of Long Island Sound
There were no responses from the area towns - (Westbrook, Essex, and Old Lyme).
Attorney Royston stated he spoke with Torrance Downs of CRERPA and confirmed all issues raised were addressed.
Alternate member Dr. David Shearer requested breaking down pros and cons of the text amendment. He also asked Attorney Branse of any past cases to consider which could impact the commission’s decision.
Attorney Royston clarified Ordinance 71 fees for C. Garbe. He indicated the applicant consented to the use of the previous review fees submitted to the town.
Chairman Friedmann opened the hearing to the public:
No one spoke in favor.
Speaking in opposition:
-Bill Peace, Selectman: Spoke of the heavy strain this project would have on the infrastructure of the town, in addition to the heavy financial burden these roads and bridge would cause. Chairman Friedmann reminded the public that the application is not being considered here, just the request for a text amendment for an extension.
-Ted Levy: Mr. Levy raised question if text amendment does not pass. Attorney Royston explained two possible scenarios would be: 1. The pending IWWC decision may be tolled under case law; or 2. A possible reapplication /change of language.
Chairman Friedmann explained to Mr. Levy that no abutting property owners were contacted because this text change does not apply to a particular location.
-Sue Ellen McKeon, of Essex: Spoke against the text approval and in support of Bill Peace’s comments. She stated the commission should put a lot of impact in considering the town when deliberating.
-Larry Fortier: Questioned further the filing deadline of 6/2010 of the final subdivision plans.
-Dr. Walter Harris: Suggested the commission assign a value to the granting of an extension. Attorney Royston stated this was not legal, or appropriate to consider.
-Janice Holland: raised questions regarding the IWWC appeal process.
Carol Manning, Selectman: questioned response from the area towns. Commission informed Ms. Manning that requests for referrals were sent to Westbrook, Essex, and Old Lyme, with no responses received.
-Shirley Wherther: raised financial / bankruptcy questions about the applicant.
-Chris Cryder: Suggested postponing of deliberations so that the public can process the information, and have time for more questions.
-Frank Landry: spoke in opposition.
-Barbara Maynard: discussed the length of time this process has been going on, stating the efforts have to stop somewhere.
Attorney Royston stated that to date the applicant has paid approximately one-half million dollars to the town for consulting fees and review of the application.
MOTION to close Public Hearing MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Chairman Friedmann canvassed the commission with their thoughts and comments on a possible vote. A discussion was held with regard to the effective date, if the text amendment is approved.
R. Friedmann stated the majority of the commission feels prepared to vote this evening.
M. Fish stated this text change would not have any impact on her decision for a future application. She believes the process should be allowed to continue.
G. Lewis indicated she is against approving the text change.
C. Sohl indicated approval.
C. Garbe is against approving the text change.
MOTION to approve the Petition to Amend the Old Saybrook Zoning Regulations Section 56.5, Open Space Subdivision Approval: to toll (suspend) the one year filing deadline for final subdivision plans while appeals of related decisions are pending, including the decision of the Inland Wetlands & Watercourses Commission, as stated in the Text of Petition of River Sound Development, LLC for change in zoning regulations, dated April 19, 2010; This text amendment will have an effective date of June 1, 2010; MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Sohl; OPPOSED: G. Lewis, C. Garbe; ABSTAINING: none; APPROVED: 3-2-0.
V. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
None.
VI. ADJOURNMENT:
Chairman Friedmann adjourned at 10:28 p.m. until the next regularly scheduled meeting to be held on Monday, June 7, 2010 at the Old Saybrook Town Hall First Floor conference room., 302 Main Street at 7:30 p.m..
Respectively submitted,
Maura Farbotka
Recording Clerk
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