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Zoning Commission Minutes 12/08/2010

MINUTES
Wednesday, December 8, 2010 – 7:30 p.m.
Town Hall Cafeteria, Basement Level
302 Main Street


I.      CALL TO ORDER

II.     ROLL CALL

Attendant Members                               Absent Members         
Robert Friedmann, Chairman                      Carl Garbe, Regular Member                            
Madeleine Fish, Vice Chairman           David M. Shearer, Alternate Member                           
Geraldine Lewis, Secretary
Charles Sohl, Regular Member left at 8:15 p.m.
John T. Talbott, Alternate Member seated for Regular Member C. Garbe
        
Attendant Staff
Christina Costa, Zoning Enforcement Officer joined the meeting at 8:45 p.m.
Christine Nelson, Town Planner

III.    REGULAR BUSINESS

A.      MINUTES

The Commission reviewed the minutes of the December 6, 2010 meeting and made the following amendments:

“Talbot” should be spelled “Talbott” throughout the document.  John Talbott stated that during the discussion of Hog Wild Deli that he most likely used the word “aroma” or “odor” since we do not “smell” in Old Saybrook.

MOTION to approve the minutes of December 6, 2010 as amended; MADE by M. Fish; SECONDED by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.

B.      CORRESPONDENCE

MOTIONto pay Nathan L. Jacobson & Associates for invoices 73206, 73204 & 73205 for a total amount of $403.38 for flood plain management reviews.  MADE by G. Lewis; SECONDED by D. Shearer; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.

IV.     PUBLIC HEARINGS

A.      PETITION FOR ZONING MAP CHANGE
Re-adopt an Incentive Housing IH Zone (IHZ), 108 acres total (23.9 acres of developable land) overlaying portions of the Residence A, Marine Commercial MC, Shopping Center B-2 and Industrial I Zones as shown on the Zoning Map.  Proposed zone is located in the Ferry Point area of Town and encompasses lands located both south of Ferry Road, north of Ferry Road, west of Ferry Road and the Connecticut River, east of I-95, south of Essex Road. Within the overlay zone, property owned by the Town of Old Saybrook located at 45 Ferry Road, Assessor’s Map 45/Lot 3 will be designated on the map as “Ferry Crossing” (Phase 1) of the Ferry Point Housing Zone for the purpose of qualifying for the Housing for Economic Development Program.
Petitioner:  Old Saybrook Zoning Commission

Chairman Friedmann acknowledged receipts of reports in favor of the petition from CRERPA, DEP’s OLISP and the Planning Commission, and then opened the public hearing.  Bob Fusari, spoke on behalf of the Board of HOPE Partnership, Inc., to say that the proposed re-adoption of the overall zone and its specific mention of its Phase was consistent with past efforts and was not problematic for its project at the location.  Chris Jensen, 11 Coulter Street, recommended the petition be adopted.

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

MOTION to approve the Petition for map change to readopt Incentive Housing IH Zone (IHZ) with an effective date of December 20, 2010, 108 acres total (23.9 acres of developable land) overlaying portions of the Residence A, Marine Commercial MC, Shopping Center B-2 and Industrial I Zones as shown on the Zoning Map.  Proposed zone is located in the Ferry Point area of Town and encompasses lands located both south of Ferry Road, north of Ferry Road, west of Ferry Road and the Connecticut River, east of I-95, south of Essex Road. Within the overlay zone, property owned by the Town of Old Saybrook located at 45 Ferry Road, Assessor’s Map 45, Lot 3 will be designated on the map as “Ferry Crossing” (Phase 1) of the Ferry Point Housing Zone for the purpose of qualifying for the Housing for Economic Development Program.  MADE by R. Friedmann; SECONDED by G. Lewis;VOTING IN FAVOR: C. Sohl, R. Friedmann, M. Fish, G. Lewis, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.

        B.      PETITION FOR ZONING REGULATIONS TEXT CHANGE
Readopt Section 54 Incentive Housing Zone Regulations and definitions of the following: Commission, Developable Land, Underlying District, Diverse Uses, Duplex, Multi-family Dwelling, Single Family Dwelling, Townhouse Dwelling, Two-family Dwelling, Incentive Housing Development, Mixed Use Development & Will.  Readopt Article VI Townwide Requirements of the Zoning Regulations as a comprehensive revision to create design standards of the Zoning Regulations for buildings, parking areas, landscaping, lighting, pedestrian circulation, bikeways, signs and all other design criteria for site plans and special permits.   Revisions include reformatting, reorganization and recodification of Section 61 Performance Standards, Section 62 Off-street Parking & Loading Access and Circulation and Section 63 Landscaping Screening and Buffer Areas including both qualitative and quantitative standards.  A new Section 68 Neighborhood Pattern and Building Design is proposed and includes both new text relating to buildings and neighborhoods in addition to the relocation of existing text from Section 7 Area, Location & Bulk Regulations and Section 8 Additional Standards.  Additionally text from Section 7 & 8 has been relocated into Section 61 now renamed Performance Maintenance and Operation, Section 62 now renamed Access Parking & Circulation and renamed Section 63 Landscaping Screening & Buffering. Sections of Section 8 Additional Standards have been relocated to Section 7 Area, Location and Bulk Regulations and to Section 3 Certificate of Zoning Compliance.  The result of these relocations is the elimination of Section 8 Additional Standards in its entirety. A new contents section and preamble is proposed for Article VI Town-Wide Design Standards including a new preamble. Adopt new section 54.1.3a(1) to identify Ferry Crossing, 45 Ferry Road, Assessor’s Map 45, Lot 3 as phase 1 of the Ferry Point IHZ for the purposes of qualifying for the Housing for Economic Development Program.
Petitioner:  Old Saybrook Zoning Commission

Chairman Friedmann acknowledged receipts of reports in favor of the petition from CRERPA, DEP’s OLISP and the Planning Commission, and then opened the public hearing.  Bob Fusari recommended the petition be adopted.

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

MOTION to approve the Petition for Zoning Text Amendment to Readopt Section 54 Incentive Housing Zone Regulations and definitions of the following: Commission, Developable Land, Underlying District, Diverse Uses, Duplex, Multi-family Dwelling, Single Family Dwelling, Townhouse Dwelling, Two-family Dwelling, Incentive Housing Development, Mixed Use Development & Will.  Readopt Article VI Townwide Requirements of the Zoning Regulations as a comprehensive revision to create design standards of the Zoning Regulations for buildings, parking areas, landscaping, lighting, pedestrian circulation, bikeways, signs and all other design criteria for site plans and special permits.   Revisions include reformatting, reorganization and recodification of Section 61 Performance Standards, Section 62 Off-street Parking & Loading Access and Circulation and Section 63 Landscaping Screening and Buffer Areas including both qualitative and quantitative standards.  A new Section 68 Neighborhood Pattern and Building Design is proposed and includes both new text relating to buildings and neighborhoods in addition to the relocation of existing text from Section 7 Area, Location & Bulk Regulations and Section 8 Additional Standards.  Additionally text from Section 7 & 8 has been relocated into Section 61 now renamed Performance Maintenance and Operation, Section 62 now renamed Access Parking & Circulation and renamed Section 63 Landscaping Screening & Buffering. Sections of Section 8 Additional Standards have been relocated to Section 7 Area, Location and Bulk Regulations and to Section 3 Certificate of Zoning Compliance.  The result of these relocations is the elimination of Section 8 Additional Standards in its entirety. A new contents section and preamble is proposed for Article VI Town-Wide Design Standards including a new preamble. Adopt new section 54.1.3a(1) to identify Ferry Crossing, 45 Ferry Road, Assessor’s Map 45, Lot 3 as phase 1 of the Ferry Point IHZ for the purposes of qualifying for the Housing for Economic Development Program.  The effective date will be December 20, 2010.  MOTION by R. Friedmann; SECONDED by J. Talbott;VOTING IN FAVOR: C. Sohl, R. Friedmann, M. Fish, G. Lewis, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.

V.      WORKSHOP

        Discuss Incentive Housing and Housing Alternatives with HOPE Partnership

The Chairman welcomed Bob Fusari and Chris Jensen of the Properties Committee of HOPE Partnership, Inc., as well as its Project Manager, Jay Northrup, to the meeting.  He gave a brief background of the Town’s adoption of the IH Zone overlay to-date and introduced the concept that it might be an effective tool in reaching the Town’s long-standing goal to make conforming and further encourage residential units in mixed use development on Main Street and the Boston Post Road in the center of Old Saybrook.  Mr. Friedmann described the typical limitations to development as lack of parking, soil-based septic systems, and prohibitive zoning regulations.

Mr. Fusari agreed that the IH Zone overlay might well set the stage for owners of property who are other-than-developers, such as professionals and shopkeepers, to look at unrealized potential to reinvest in their properties.  Additionally, the IH Zone overlay is a means by which developers might see opportunities at underutilized sites.

The Commission spoke briefly about the incentives built into the IH Zone overlay, including adjustments in coverage, setbacks, parking, landscaping and height to mimic the pattern and density of the town’s existing, historical development, although still tempered by lot size and soil capacity for septic systems.

The Commission look at a concept map for an IH Zone overlay in the town’s center put together by the Land Use Department based on a multi-commission charette in January 2010.  The Commission spoke about mixed-use as its priority and that that building type might be the most appropriate subzone to consider.  HOPE Partnership agreed and asked if it might have some time to study the characteristics of properties and ownership in the area to better understand the probability of implementation of such a zone.

VI.     COMMITTEE, REPRESENTATIVE & STAFF REPORTS

The Zoning Enforcement Officer discussed the following matters with the Commission:

  • Dirt, LLC., 47 Spencer Plains Road, Map 24/Lot 25. Request for Release of Bonds for se/sc and landscaping associated with CZC#08-161. The ZEO reported that the developer has made progress yet work remains.  The Commission agreed to release $2,000 of the $6,000 bond.
MOTION to release $2,000 of the $6,000 se/sc and landscaping bond for Dirt, LLC. MADE: by R. Friedmann; SECONDED: by G. Lewis;VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.

  • Rock & Laura Martel, 78 Neptune Drive, Map 81/Lot 52.  The ZEO discussed that Mr. Martel will be looking for the return of his performance bond for $10,100.  The work has been completed and inspected.  The only outstanding issue is that the Town has not yet received an as-built location survey.  The Zoning Commission authorized the ZEO to return the bond amount in full once she receives an as-built location survey demonstrating that the proposed wall and site work are in conformance with SPEX permit #10-109.
MOTION to authorize the ZEO to return the bond amount for $10,100 once an as-built is received demonstrating that the proposed wall and site work are in conformance with SPEX permit #10-109. MADE: by R. Friedmann; SECONDED: by J. Talbott;VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.

VII.    ADJOURNMENT

Chairman Friedmann adjourned the meeting at 9:15 p.m. to the next regularly scheduled meeting of the Zoning Commission.



Respectfully submitted,



Christine Nelson & Christina Costa
Acting Commission Clerks