I. CALL TO ORDER
Chairman Freidmann called the meeting to order at 7:30 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman David M. Shearer
Madeleine B. Fish, Vice Chairman
Geraldine M. Lewis, Secretary
Carl C. Garbe
Charles E. Sohl
John T. Talbott (not seated)
Attendant Staff
Christina Costa, Zoning Enforcement Officer
III. REGULAR BUSINESS
A. MINUTES
MOTION to approve the minutes of the April 4, 2011 meeting, as amended: MADE: by Robert Friedmann; SECONDED: by Madeleine B. Fish: no discussion on the motion; VOTING IN FAVOR : R. Friedmann, M. Fish, G. Lewis, C. Garbe, C. Sohl. OPPOSED: None: ABSTAINING: None; APPROVED 5-0-0.
MOTION to pay Branse, Willis and Knapp invoices 27591 ($43.50) and 27587 ($667.00) for a total of $710.50 MADE: by G. Lewis. SECONDED by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Garbe, C. Sohl. OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
IV. PUBLIC HEARING
- APPLICATION FOR SPECIAL EXCEPTION USE
Application for Special Exception Use for 1,500 s.f. restaurant/1,200 s.f. professional office space, 745 Boston Post Road, Map 36, Lot 86, business B-2 District, Pedestrian Node.
Applicant: BLP Enterprises/Saybrook Soup and Sandwich Co. Agent: Thomas Metcalf, P.E.
Chairman Friedmann opened the public hearing.
Thomas Metcalf, P.E. and Steve Lloyd, AIA presented an overview of the project to the Commission. Mr. Metcalf reviewed referral letter response comments on an item by item basis. The applicant agreed to address each comment and provided that to the Commission in writing.
Chairman Friedmann discussed parking and outdoor seating.
The public hearing was opened to the public for comment. No comments were made.
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, G. Lewis, C. Garbe, C. Sohl. OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve the Application for Special Exception Use for 1,500 s.f. restaurant/1,200 s.f. professional office space, 745 Boston Post Road, Map 36, Lot 86, business B-2 District, Pedestrian Node based on the modifications presented. MADE: by R. Friedmann. SECONDED by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Garbe, C. Sohl. OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Vice Chairman Fish and Secretary Geraldine Lewis commented on the quality and completeness of this application and others reviewed recently by the Commission.
- APPLICATION FOR SPECIAL EXCEPTION USE
Application for Special Exception Use Modification to construct 1398 s.f. additional restaurant/retail area. 1295 Boston Post Road, Map 27, Lots 32 and 33, Restricted Business B-3 District, CAM Zone, Pedestrian Node.
Applicant: JSML Associates (Luigi’s Restaurant) Agent: Joe Wren, P.E.
Chairman Friedmann opened the public hearing.
Attorney David Royston, Joe Wren, P.E., Tom Elliot, AIA and five members of the DiBella family were in attendance to present the application to the Commission.
Attorney Royston informed the Commission that the applicant obtained a variance of the 3,000 s.f. maximum building requirement presented in the zone and the building was 4,500 s.f. at the time the maximum building size regulation was adopted.
Joe Wren, P.E. presented site plan amendments since the March 21, 2011 SPEX approval. On March 21st the Commission approved site plan improvements only and did not approve the addition because the proposed building additions exceed the 3,000 s.f. maximum building size.
Tom Elliot, AIA presented changes to the building addition since the plans reviewed in March. The proposed addition will now add 1,217 s.f. as a result of a reduction to the cooler area, retail area and front of the building.
The Commission expressed concerns of parking on the adjacent lot owned by JSML Associates, visibility of existing roof top mechanicals and cross easements.
Tom Elliot responded that the roof top mechanicals have been there for 22 years but that the applicant will screen them if required by the Commission.
Attorney Royston indicated that the applicant will file cross easements for parking and sidewalks easements to the Town on the land records to address the concerns of the Commission.
Joe Wren, P.E. asked for a clarification on the previous approval which stated light posts could only be 12 feet and that the maximum allowed and what was proposed was 14 feet. The Commission agreed that 14 feet is permissible by the regulations and that 12 feet was most likely a typographical error.
The public hearing was opened to the public for comment. No comments were made.
MOTION to close public hearing. MADE: by M. Fish. SECONDED by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Garbe, C. Sohl. OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve the Application for Special Exception Use Modification to construct 1398 s.f. additional restaurant/retail area. 1295 Boston Post Road, Map 27, Lots 32 and 33, Restricted Business B-3 District, CAM Zone, Pedestrian Node with the following conditions:
1. Roof top mechanicals on the eastern side of the building will be screened.
2. Cross easements for the 7 spaces located adjacent to the property will be recorded on the land records.
MADE: by R. Friedmann. SECONDED by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Garbe, C. Sohl. OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
- PETITION TO AMEND THE OLD SAYBROOK ZONING REGULATIONS
“Off-Street Loading” petition to AMEND the Zoning Regulations Section 62.3.4, waiver for buildings with a gross floor area of less than 15,000 s.f.
Petitioner: Old Saybrook Zoning Commission Agent: Christina M. Costa, CZEO
Chairman Friedmann opened the public hearing.
The Chairman discussed the reasons the Commission chose to amend this regulation to allow for smaller loading spaces for businesses that do not require 40 foot long trucks such as small restaurants.
The ZEO reported into the record all the referral responses received and discussed comments made in correspondence from Attorney Branse.
The Commission and ZEO agreed with Attorney Branse that the proposed new text should remove the word use and replace with building to read as follows.
An applicant may submit in writing a waiver request to reduce the dimensions of the loading space for smaller truck deliveries or to eliminate the one (1) required loading space when the gross floor area of the use building is less than 15,000 s.f. The Commission in its discretion may grant this waiver upon the applicant’s demonstration that the loading space is unnecessary or impractical for the use and its reduction will not pose circulation or traffic congestion.
The public hearing was opened to the public for comment. No comments were made.
MOTION to close public hearing. MADE: by R. Friedmann. SECONDED by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Garbe, C. Sohl. OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve the Petition to Amend the Zoning Regulations Section 62.3.4 “Off Street Loading” to provide a waiver provision for buildings with a gross floor area of less than 15,000 s.f. as amended.
MADE: by R. Friedmann. SECONDED by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Garbe, C. Sohl. OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
EFFECTIVE DATE: MAY 2, 2011
Chairman Friedmann discussed concerns regarding the ZBA granting a variance to JSML Associates (Luigi’s Restaurant) without providing a legitimate hardship associated with the property. Copies of the ZBA minutes were distributed to the Commission.
Vice Chairman Fish and Secretary Lewis disagreed with Chairman Friedmann and indicated that they felt the ZBA granted the variance based on a legitimate hardship and that this was not the best use of the Commission’s legal budget.
After a lengthy discussion the Commission determined the matter would not be pursued.
- CONTINUATION OF ANNUAL OUTDOOR SEATING RENEWALS
The ZEO reported that no new applications were received and the matter should be continued to the next meeting.
- COMMITTEE, REPRESENTATIVE & STAFF REPORTS
Zoning Enforcement Officer reported the following:
- A request from Mr. Montenegro to open a green steam hand car wash and detailing center at the former Tissa’s Market location at 855 Boston Post Road. The Commission determined that due to the proposed car washing structure and site improvements required that the application should at a minimum require a site plan review by the Commission.
- An e-mail report from Allen Chase, Building and Fire Safety Inspector, CT Department of Public Health regarding complaints that the owner of Gladeview Health Care, Boston Post Road is living on the premises. The Commission determined that this did not appear to be contrary to the zoning approval for the property.
- Rock Martel, 72 Neptune Drive – As-built received and it appears that after 17 years the property is in compliance and the violation and litigation action can be closed.
- Fulkerson property, 93 Spencer Plain Road – Stihl Power Equipment is out of business. The property owner is working on outstanding improvements associated with the site plan approval after years of follow up requests from the ZEO. A new tenant is looking to occupy the site for interior retail sales of high end solid wood floors and other building materials.
- Dirt, LLC., 45 Spencer Plain Road – The Commission requested ZEO contact the property owner for ZC site inspection during the first meeting in June. ZC and ZEO looking forward to site compliance and closing the matter after years of violations that resulted in legal action against the property owner. ZEO will contact the property owner.
- ZEO reported that the ZC will need to meet at least 3 times per month in May and possibly June. Three large applications have been received in the office and the ZEO has met with 7 other applicants on a preliminary basis. Meeting once a week will avoid extremely late night meetings and allow for the Commission to handle the increase workload in a timelier manner. The Commission agreed.
- The ZEO reported that the Land Use Department has continued work related to the establishment of the new Aquifer Protection Agency (APA). This includes sending out initial registrations, creating application forms, form instructions, web site development and renumbering of the regulations. The BOS has agreed to send the APA to Town Meeting to change the membership from the ZC members to the IWWC members since the APA has similar procedures to those used by the IWWC.
- Alex Walker, Main Street (Starbucks property) -After several years, the ZEO and Zoning Commission Attorney have finally received a call from the property owner. ZEO is hoping that final site improvements will be completed so that the permitting file can be closed.
- ZEO reported that Carol Suits, Administrative Secretary is retiring on May 1st.
- ZEO continues to work on compliance issues with outstanding site improvements for several permitting files including but not limited to Saybrook Country Barn, Main Street; New England Power Equipment, Boston Post Road & Rutigliano, 57 Vincent Avenue.
- The ZEO presented plans from Village Plaza (T.J.’s Restaurant) 735 Boston Post Road per the request of Attorney Royston. The Commission deemed the additions and changes to the approved SPEX as a significant change requiring a Commission review as a modification to the approved SPEX permit.
Chairman Friedmann adjourned the meeting at 9:07 until the next regularly scheduled meeting to be held on Monday, May 2, 2011 at the Old Saybrook Town Hall First Floor conference room, 302 Main Street at 7:30. The next Special Meeting will be held on Tuesday, May 10, 2011 at the Old Saybrook Town Hall First Floor conference room, 302 Main Street at 7:30.
Respectively submitted,
Christina M. Costa, CZEO
Acting Recording Clerk
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