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Zoning Commission Minutes 12/06/2010
                  Zoning Commission Minutes
                           Regular Meeting
            Monday, December 6, 2010 at 7:30 p.m.
           First Floor Conference Room – Town Hall
                              302 Main Street


I.      CALL TO ORDER
Chairman Friedmann called the meeting to order at 7:32 p.m.

II.     ROLL CALL

Attendant Members                                           Absent Members         
Robert Friedmann, Chairman                           David M. Shearer, Alternate Member                                   
Madeleine Fish, Vice Chairman                Geraldine Lewis, Secretary  
Carl Garbe, Regular Member                                           
Charles Sohl, Regular Member      
John T. Talbott, Alternate Member    

J. Talbott will be seated for Geraldine Lewis
                
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Joanne Rynecki, Recording Clerk


III. REGULAR BUSINESS

  • MINUTES
Correction on page 2, 1st paragraph, last sentence should read “…with a proposed text and or map change".

MOTION to approve the minutes of the November 15, 2010 as amended; MADE: by R. Friedmann; SECONDED: by M. Fish; No Discussion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, J. Talbott, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.

  • CORRESPONDENCE
MOTION~ to pay Branse Willis and Knapp invoice # 26608 and #26609 in the amount of $855.50; MADE: by R. Friedmann; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, C. Sohl, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.

       The Commission received an annual audit from Branse, Willis and Knapp.


IV. PUBLIC HEARINGS

A.    SPECIAL EXCEPTION APPLICATION / COASTAL SITE PLAN REVIEW
Convert/add to a multi-family residence to create 4,829 s.f. accessory hotel suites/rooms
21 Bridge Street, Map 24/Lot 53
SP-3 District, CT River Gateway Conservation Zone, Coastal Area Management Zone
Applicant:  Saybrook Point Marina, LLC              Agent:  Attorney David M. Royston

Chairman Friedmann noted that the 3 members in attendance at the last public hearing meeting on November 15, 2010 will be eligible to vote tonight. The Chairman asked Attorney Royston if he would like to proceed with only 3 members voting.  Attorney Royston said yes.  Attorney Royston spoke about the regulation that authorizes the special exception use that was adopted at the last meeting, published, and became effective 12/6/2010.  Attorney Royston distributed new Plans with revisions, dated 11/29/10, to incorporate changes recommended at the last public hearing.  The only change to the site plan was the addition of one handicaped space.

Tom MacDonald of East Wharf Architects reviewed the plan changes specifically:  Plan L-1 for Bridge Street change in the proposed sign maximum height to 5 ft, pre-cast concrete road stops were added for parking spaces on the gravel parking lot, no more than 2 directional signs (8” x 48” dimension) for “entrance” or “parking”, the purple plum trees will be 3 ½ “ in diameter, and the handicap sign will be 5 feet off the edge of the parking lot.  

Mr. Sohl asked what type of tree is the “special tree” as indicated in the plans.  Mr. MacDonald said it hasn’t been decided, but will comply with the street tree requirements.  

Mr. MacDonald continued with the plan changes on the site lighting plan: Note #8 indicates that pole light fixtures will be 5 ft from the edge of the pavement and Note  #9 states that the 3rd floor roof deck lighting shall be shielded to eliminate lighting source visibility from the public way or from off site.  Chairman Friedmann said that the plans should state that the light will not spill over the property line.  The change on Map SEP-1, for the allocation of the square footage for the balconies is added as Hotel Room # 2-113 sq ft, Room #3-70 sq ft, Room #5-113 sq ft, and Room #6-70 sq ft.  Fire sprinklers will be installed in the building.  Map SEP-2 changed to add the overall maximum height of sign to be 5 ft with LED gooseneck light fixtures.  The ZBA approved a variance regarding the sign and the sign posts are not included in the height calculation for size.

Chairman Friedmann asked if the owner will abandon the retail use.  Attorney Royston said the retail use will be abandoned once the Zoning permit is issued for the hotel rooms and suites.  

Mr. Garbe asked what will be the maximum height of the building and if the height includes the cupola.  The height of the building is 30 feet, not including the cupola.  

Mr.Talbot asked how the linens and trash are be serviced.   Attorney Royston said if required, he will amend the Statement of Use to specify that trash and linens will be provided by the hotel across the street.

Chairman Friedmann opened the public hearing for public comment.
There were no comments from the public.
Chairman Friedman closed the public comment portion of the public hearing.

MOTION~ to close the Public Hearing for the Special Exception Application and Site Plan Review for 21 Bridge Street at 8:13 P.M.; MADE: by M. Fish; SECONDED: by J. Talbott; NO DISCUSSION.  VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, C. Sohl, J. Talbott; OPPOSED: none; ABSTAINING: APPROVED: 5-0-0.

MOTION: to approve the Special Exception Application and Coastal Site Plan Review to convert/add to a multi-family residence to create 4,829 s. f. accessory hotel suites/rooms at 21 Bridge Street, Map 24/Lot 53 with the stipulation that the directional signs details for the Cove Street entrance will be approved by the ZEO, Sheet L-1 of the site plan Note 2 will be modified to show the details of the handicapped/van accessible sign.  The Statement of Use will be amended to state that trash and linen services will be provided offsite at the Saybrook Point Inn located across the street, site lighting Note 9 will be modified by removing the language “from the public way” and replaced with “off site or over any property line”, Landscaping Plan sheet L-1 will be modified to demonstrate that all trees including the “special tree” and “purple plum tree” will be planted with a minimum caliper of 3 ½ inches in diameter at breast height in accordance with the regulations.  The Coastal Site Plan application is approved as submitted because it is consistent with all applicable regulations and includes all reasonable measures to reduce impact; MADE: by M. Fish; SECONDED: by J. Talbott;~DISCUSSION: Chairman Friedmann has a problem with the sign at 21 Bridge Street since it is an accessory use.  VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 3-0-0.
~

         B.   SPECIAL EXCEPTION
                Construct 3,600 s.f. Building (ff 1880 s.f., 2nd 1720 s.f.) and 450 s.f. storage building.
               76 Elm Street, Map 36/Lot 97
               Business B-2 District, Pedestrian Node
            Applicant:  Hog Wild Deli (Annello Brothers Realty)            Agent: Joe Wren, P.E.

Joe Wren, P. E., representing Annello Brothers Realty submitted new building plans to the members that reflect the comments received from Town departments.  Specifically, that the handicap parking space will be van accessible with a paved walkway from the parking space to the building, the building’s 2nd floor will be separated from the first floor with fire block material, and the building will have a sprinkler system.  The trees and plantings will allow for fire apparatus use with the number of the building clearly visible.  Light posts in the parking lot will be lowered to 12’ with shields.  The chain link fence will be green to blend in.  The roof overhang will be 3’ rather than 4’.  The siding will be clay with a cream trim and corner boards with architectural shingles.  The number of outdoor seats will be 12 for a total of 63 seats.  There will be 5 six-foot tables.  

Chairman Friedmann and other members are concerned that 5 six-foot tables will seat more than 12 people.  The amount of tables should be limited to 4.

Mr. Garbe asked if there would be a meat smoker on site.  Mr. Wren said yes.  Mr. Talbot was concerned with the smell so close to a residential neighborhood.  Chairman Friedmann stated there are regulations in effect to control offensive odors.

Mr. Wren continued that the Statement of Use will include specifications for deliveries from box trucks to be at off peak hours.  The current low point on the property allows street runoff to flow from Lynde Street onto the property.  When the property is re-graded during construction the runoff from the property will be contained on site, but the street water runoff will have nowhere to go.  Mr. Wren has met with the Department of Public Works to install a dry well catch basin for the street runoff.  The 15’ x 15’ sight line triangle will be a public access easement and will be conveyed to the Town.  The Chairman did not feel connecting parking with adjacent properties, signage, neighborhood markers, balconies or pedestrian crossing was appropriate at this time.  Sidewalks were not included on Lynde Street because there are no plans by the Town to connect the sidewalks on Lynde Street.

Chairman Friedmann opened the pubic hearing for public comment.
There was no one from the public present to speak.
Chairman Friedmann closed the public comment portion of the public hearing.

MOTION: to close the public hearing for Special Exception Application for 76 Elm Street at 9:17 P.M.; MADE: by M. Fish; SECONDED: by C. Sohl; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, C. Sohl, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
~
MOTION: to approve the Special Exception Application to construct a 3,600 s.f. Building (1880 s.f., 2nd 1720 s.f.) and 450 s.f. storage building at 76 Elm Street with the stipulations that the Statement of Use is amended to require deliveries to be made on off peak a.m. hours, the public access easement language for sidewalk must be submitted and approved by Commission’s legal counsel, outstanding conditions in the 12/6/2010 letter from Geoffrey Jacobson, P.E. will be addressed including installation of drainage improvements to Lynde Street, and only four outdoor picnic table are allowed for seasonal outdoor seating; MADE: by R. Friedmann; SECONDED: by M. Fish; NO DISCUSSION; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, C. Sohl, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.


  • NEW BUSINESS:
A. DISCUSSION FOR ZC TO RECONSIDER A REQUEST FOR MINOR MODIFICATION OF SPECIAL EXCEPTION PERMIT
        
Request to enclose walls of open-air porch to create a heated activity room and interior renovations.
        1775 Boston Post Road, Map 17, Lot 1, Business B-4 Zoning District
        Property Owner: Apple Rehab of Old Saybrook, Agent: Scott Wilson

Ms. Costa read a letter from the Agent, Scott Wilson, to request that the Commission reconsider a minor modification of a special exception permit.  The State of CT has approved the enclosure to allow the residents to move about the facility without going outside.  Chairman Friedmann said the matter may be handled administratively by the ZEO.

B.      REQUEST FOR PARTIAL BOND RELEASE
        Request for partial release of $6,000 performance bond ($2,100 for se/sc and $3,900 for landscaping) associated with Site Plan Approval/CZC#08-161
        47 Spencer Plains Road, Map 25, Lot 25, Business B-4 District
        Applicant: Dirt, LLC. (Thomas VanEpps)

Tabled until the next meeting on Wednesday December 8, 2010 when Ms. Costa will report if she has spoken to the Applicant to schedule a re-inspection.


  • COMMITTEE, REPRESENTATIVE & STAFF REPORTS
Ms. Costa reviewed the need to establish a procedure for the Certificate of Eligibility required for the sale or rental of each affordable housing unit.  The Commission must approve the Certificate of Eligibility or delegate the authority to the ZEO.  




MOTION: to delegate verification of income and approve the Certificate of Eligibility to the ZEO in order to issue Certificates of Eligibility for 45 Ferry Road and Whittier Place.    MADE: by R. Friedmann; SECONDED: by C. Garbe; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, J. Talbott, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.


VII.    ADJOURNMENT:

MOTION: to adjourn the meeting at 10:20 P.M. until the special meeting to be held Monday, December 8, 2010 at the Old Saybrook Town Hall First Floor conference room, 302 Main Street at 7:30 p.m.; MADE: by R. Friedmann; SECONDED: by C. Garbe; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, J. Talbott, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.


Respectively submitted,


Joanne Rynecki
Recording Clerk