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Zoning Commission Minutes 03/21/2011
I.         CALL TO ORDER    
        Chairman Friedmann called the meeting to order at 7:33                                             
II.     ROLL CALL
Attendant Members                                           Absent Members
 
Robert Friedmann, Chairman                                Carl C. Garbe, Regular Member
Madeleine Fish, Vice-Chairman                            David M. Shearer, Alternate Member
John T. Talbott, Alternate Member                       Geraldine M. Lewis, Secretary
Charles E. Sohl, Regular Member         

Attendant Staff
Christina Costa, Zoning Enforcement Officer
Sarah Lyons, Recording Clerk
    Alternate Member John T. Talbott was seated for Geraldine M. Lewis
III.    PUBLIC HEARING

A.  SPECIAL EXCEPTION APPLICATION           

Application for Special Exception Use Modification to construct 1398 s.f. additional restaurant/retail area.  1295 Boston Post Road,  Map 27, Lots 32 & 33, Restricted Business B-3 District, CAM Zone, Pedestrian Node.
Applicant:  JSML Associates (Luigi’s Restaurant)      Agent:  Joe Wren, P.E.


Joe Wren presented the application which included a waiver request for the landscape buffer along the SE property line.  The modification proposes replacing and expanding the cooler area, expansion of the lounge area and inclusion of a small retail area.  Also included is an increase in parking spaces from 54 to 58 spaces, seven of which will be on an abutting property also owned by the applicant and will not be accessible from the main parking lot.  The project proposal also included the installation of a brick stamp sidewalk along Route 1 beginning at the east end property line and continuing around the corner to the crossing area on Schoolhouse Road, not extending up the Schoolhouse property line.  The front of the property would include a 25’ landscape buffer.  Four new pole light fixtures that are flush with the ground and fully shielded are proposed.  Their wish is to begin Phase I (work to cooler area and parking lot) in April and to finish up with Phase II at the end of the Summer.


Chairman Friedmann expressed concern that the parking be on the same lot as the building or use for which they are required.    If the parking lot is modified to fit the existing use, then 59 spaces need to be accommodated.  The applicant is considering combining the two properties so as to allow parking on both lots in order to meet parking requirements for existing use and any possible future expansion    Finally, Chairman Friedmann’s biggest concern was that the maximum building size allowed in a Restricted Business B-3 District is 3,000 s.f.   He stated that the building is currently a previously existing, non-conforming structure, that is already beyond the maximum building size allowed in the Restricted Business B-3 District.  

After considering the fact that variances or a map/text change may be needed to continue with the proposed expansion, the applicant elected to proceed only with the proposed site improvements.   Discussions included the possibility of continuing the sidewalk around the corner for 20’ to allow a safer area to cross Schoolhouse Road.  The applicant expressed concern that if the expansion portion of his proposal did not happen, then he wasn’t sure he could make the financial investment in this type of site improvement.  The Chairman pointed out that for a Special Exception application, the sidewalks become part of the requirements.

The Commission reviewed approvals and suggestions from the Planning Commission, the Architectural Review Board, Branse, Willis & Knapp, the Connecticut DOT, the Connecticut DEP, the Office of the Fire Marshall, and the Connecticut River Area Health District.

The public was given the opportunity to speak in favor or against the application.  No public comment was noted.


MOTION to close public hearing; MADE: by J. Talbott; SECONDED: by C. Sohl; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Sohl, J. Talbott; OPPOSED: none; APPROVED: 4-0-0.


MOTION to approve the site improvements for 1295 Boston Post Road, Map 27, Lots 32 & 33, Restricted Business B-3 District, CAM Zone, Pedestrian Node, excluding any additions or modification to the existing building.  Those site improvements include 1) sidewalks which will continue in the direction of Schoolhouse Road, NW for an additional 25’; 2) 4 proposed lights, not to exceed 12’, fully shielded 3) parking lot grading and space allocations with wheel stops on pervious surface and the impervious surface for handicapped parking, and 5) the applicant will comply with the request from the CT  DOT regarding the right of way and/or easements. MADE: by R. Freidmann; SECONDED: by C. Sohl; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Sohl, J. Talbott; OPPOSED: none; APPROVED: 4-0-0.

MOTION  to amend previous motion to include approval of Coastal Site Review  as the modifications are consistant with Coastal Area Management policy and include all reasonable measures to mitigate adverse impact.  MADE:  by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Sohl, J. Talbott;  OPPOSED:  None; APPROVED: 4-0-0

A.  SPECIAL EXCEPTION APPLICATION

Application for Special Exception Use for 2,330 s.f. restaurant, 735 Boston Post Road, MAP 36, Lot 99, Business B-2 District, Pedestrian Node
Applicant:  Village Plaza LLC (TJ’s Restaurant)                    Agent: ~David M. Royston, Esq.

Attorney Royston requested that the Commission not require Ordinance 71 fees regarding the engineering.  The Commission agreed that Ordinance 71 regarding engineering fees will not be required.  

 Attorney Royston presented the Commission with a revised site plan and revised Statement of Use, both amendments dated 3/21/11.  The amendments include statements regarding the 56 seats, (48 indoor and 8 outdoor),which were originally permitted for the previous owner; wording which incorporates the Health District requirement that their approval is contingent upon the final kitchen layout being reviewed and approved prior to the issuance of a building permit; and wording that the Site Plan has been revised to make parking compliant.  The applicant proposed that in lieu of immediate sidewalk construction, they would phase in the sidewalk construction over a five-year period as per the Statement of Use; do partial grading for the establishment of future sidewalks; do partial construction of stamped sidewalks on Boston Post Road; construct 60 ft. of plain sidewalks north of the Lynde Street crosswalk ramp; and proposed the future construction of the remaining 120 ft. of sidewalk along Lynde Street.  They propose that the conditions of approval be included in the Notice in the Land Records to allow for ZEO enforcement if not completed in a timely manner.

The ZEO expressed concern about enforcement of the conditions and tracking phasing completion timelines if the Zoning Commission allowed this practice for multiple sites in town.  The ZEO advised the Commission that phasing without bonding and a property owner refusing to make site improvements on any property would result in enforcement through litigation and questioned whether the Zoning Commission would be prepared to incur that expense.

Attorney Royston stated that a sidewalk to the front entrance of the building will be 3 ft. instead of 5 ft. which the Commission agreed is permitted by the Zoning Regulations.  Attorney Royston also presented a request that he had made to the owners of 745 Boston Post Road (BLP Enterprises), which stated the possibility that if  BLP Enterprises would request a waiver of the sidewalks on their side of Lynde Street, the two parties might split the cost of continuing the sidewalk on the Village Plaza side of Lynde Street.  There has been no response from BLP Enterprises to date.

The Commission stated that they are bound by regulations requiring sidewalks on the Route One side of the property to the corner/crosswalk, but feel the regulations allow more discretion on the Lynde Street side of this property.

Discussion took place regarding the roof sign and if the decorative pitched area should be considered part of the roof when determining sign placement.  Attorney Royston felt that the proposed sign is a reduction of a non-conformity, however the Commission stated that because this is a Special Exception Application, the sign needs to conform.  The Commission, after lengthy discussion, agreed that the lowering of the sign on the roof and size reduction would be permitted as a reduction of a pre-existing, non-conformity.  The applicant agreed to the ARB recommendation regarding the sign design, however it was agreed that the signs would be approved as a part of the Special Exception and that the applicant would not need to return to ARB for additional sign review.

The Commission expressed concern over the directional signs on the revised Site Plan being on State property and the engineer for the applicant agreed that the signs should be shifted to the applicant’s property.  The Commission also addressed the East side of the property and the need to provide green landscaping.  The applicant also reported that  the lights will not exceed 14 ft., will be fully shielded and will be dark sky compliant.

The Commission reviewed approvals and suggestions from the Planning Commission, the Architectural Review Board, Branse, Willis & Knapp, the Connecticut DOT, the Connecticut DEP, the Office of the Fire Marshall, and the Connecticut River Area Health District. ~

The public was given the opportunity to speak in favor or against the application.  The applicant voiced his approval.


MOTION to close public hearing; MADE: by R. Friedmann; SECONDED: by C. Sohl; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Sohl, J. Talbott; OPPOSED: none; APPROVED: 4-0-0.

MOTION to approve the application for Special Exception Use for 2,330 s.f. restaurant, 735 Boston Post Road, Map 36, Lot 99, Business B-2 District, Pedestrian Node, including signage as depicted on the side of the building, and the sign to replace the previously existing, non-conforming signage at the SW corner of the property with the following conditions:  1)  the  directional signs will be moved onto the property  2)  Lighting to be installed per details as shown on the Site Plan: 3) green landscaping will be planted to replace rocks on the eastern wall of the building 4) the onsite sidewalk from Route 1 to the building need only be 3 ft wide concrete (Sec. 62.3 (b)); 5) Sidewalks will be completed along Route 1 from the eastern most property line to the ramp on Lynde Street with  stamped concrete crossing the curb cut.  From the end of the stamped concrete on Lynde Street, regular concrete should extend 60 ft northward on Lynde Street as per the PC recommendation.  These two portions of the sidewalk should be completed prior to the issuance of a Certificate of Zoning Compliance and restaurant opening. The balance of the sidewalk area on Lynde Street, to the end of the property line, will be installed in accordance with the timeline as described in the Statement of Use. MADE: by R. Friedmann; SECONDED: by C. Sohl; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Sohl, J. Talbott; OPPOSED: none; APPROVED: 4-0-0.




IV.     REGULAR BUSINESS
A.      Minutes
Correction to Minutes dated 3/7/11,  page 2, second paragraph, Part 4 should read “parts” delivery trucks.

MOTION to approve the minutes of the March 7, 2011 as amended; MADE: by R. Friedmann; SECONDED: by J. Talbott; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Sohl, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.

B.      Correspondence

MOTION~ to pay Wolfram Design invoice # 3153 in the amount of $100 MADE: by M. Fish; SECONDED: by R. Freidmann; VOTING IN FAVOR: R. Friedmann, M. Fish, C. Sohl, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.

C.      Committee, Representative & Staff Reports

  • Master Tile moved into 725 Boston Post Road without a Certificate of Zoning Compliance.  ZEO visited the site and the owner has subsequently filed an application for the business and signs.  The Commission agrees that this is not a Special Exception Use as it is a retail to retail use and below the s.f. that would trip a Special Exception Permit.
  • North Cove Outfitters, 75 Main Street has filed Special Events Certificates of Zoning Compliance for their four annual outdoor events.
  • At the December 8, 2010 Zoning Commission Workshop, the ZEO was directed to proceed with documentation required to adopt a new Town Center Incentive Housing Zone (IHZ).  Pursuant to the Ct General Statutes, the Town is required to make application to the State Office of Policy and Management prior to zone adoption for Town eligibility of  IHZ payments from the State.  The ZEO advised that Land Use staff is preparing an application and provided the Zoning Commission with a draft resolution required as a part of the application to the State.
MOTION to adopt the Resolution creating the Town Center Incentive Housing Zone.  MADE:by M. Fish; SECONDED: by R. Friedmann; VOTING IN FAVOR:  R. Friedmann, M. Fish, C. Sohl, J. Talbott; OPPOSED:  None; APPROVED: 4-0-0
  • ZEO reported on upcoming applications and the upcoming outdoor seating renewal/sign meeting on April 4th
V.        OLD BUSINESS
None
VI.      NEW BUSINESS
None

VII.     ADJOURNMENT

Chairman Friedmann adjourned at 11.45 p.m. until the next regularly scheduled meeting to be held on Monday, April 4th, 2011 at the Old Saybrook Town Hall First Floor conference room, 302 Main Street at 7:30 p.m.

Respectfully  submitted,

Sarah Lyons
Recording Clerk