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 Charles E. Sohl
Madeleine B. Fish, Vice Chairman David M. Shearer
Geraldine M. Lewis, Secretary
Carl C. Garbe
John T. Talbott (seated for C. Sohl)
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Sarah H. Lyons, Zoning Clerk
III. REGULAR BUSINESS
MINUTES
MADE MOTION to approve the minutes of the May 2, 2011 meeting as amended.. : by G. Lewis; SECONDED: M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C Garbe, and J. Talbott. OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0
CORRESPONDENCE
MOTION to pay Branse, Willis & Knapp, LLC, invoices #27770 ($14.50), #27771 ($29.00), #27773 ($72.50) and #27774 ($130.50) for a total of $246.50 MADE: by G. Lewis; SECONDED by J. Talbott; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Garbe, and J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
PRELIMINARY DISCUSSION
Gas Development LLC, 820 Boston Post Road, Map 36, Lot 119, Pedestrian Node
Agent: Timothy Bates, Esquire
Timothy Bates made a presentation regarding the proposed development which would consist of four gas pumps with eight nozzles and a kiosk. He proposed that the Zoning Commission should require a lesser number of parking spaces than specified under Section 62.4.6E of the Zoning Regulations as he feels that the regulations do not address the parking requirements for gas stations without a convenience store. Mr. Bates presented plans from similar sites in other towns where the great amounts of parking spaces were not required.
Robert Friedmann stated that while the commission’s role at this point in the process is purely advisory and to offer guidance, he doesn’t feel that, as presented, the regulations would allow for removal of the parking space requirement. The possibility of Mr. Bates presenting an application for a regulation change was discussed.
Charles E. Sohl was seated for the remainder of the meeting and John T. Talbott was no longer seated.
PUBLIC HEARING
APPLICATION FOR SPECIAL EXCEPTION USE
Application for SPEX/CSP to permit restoration action and to permit filling, excavation and grading activities in excess of 100 cubic yards in calendar year 2007. 57 Vincent Avenue, Map 113, Lot 134, Residence A Zoning District, Coastal Management Area.
Applicant: Barbara Leroy Rutigliano Agent: Attorney Keith R. Ainsworth
Attorney Keith R. Ainsworth made a presentation of the restoration plan which the applicant intends to carry out at 57 Vincent Avenue. This plan includes the restoration of the area in violation with fill and native, salt tolerant vegetation. They discussed the sloping area which would have salt tolerant grasses and a 10’ no mow area.
At Carl Garbe’s request, the ZEO gave a brief history of the events which lead to the restoration permit application. The commission was concerned with the trucks and the tracking pad may have on neighboring property and on Elliot Avenue. The ZEO informed that Elliott Avenue is a paper road and that the tracking pad is only temporary and therefore should not be a problem.
The Commission reviewed approvals and suggestions from the Planning Commission, the Connecticut DEP, Town Engineer, the Connecticut River Area Health District, and the Town Attorneys.
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; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, and C. Garbe; OPPOSED: none; APPROVED: 5-0-0.
MOTION to APPROVE the application for SPEX/CSP to permit restoration action and to permit filling, excavation and grading activities in excess of 100 cubic yards in calendar year 2007 at 57 Vincent Avenue, Map 113, Lot 134, Lot 134, Residence A Zoning District, Coastal Management Area with the following conditions: 1) A SE/SC bond will be issued in an amount to be set by Nathan L. Jacobson & Associates 2) The southern property line must be labeled on the plans; 3) The silt fence will be extended in a southeasterly direction along the northeastern lot line to the top of the proposed slope and extended in a southeasterly direction along the southwestern lot line back to five feet from Vincent Avenue; 4) 97 shrubs will be planted 5) The planting schedule as updated on the 9-9-10 approved plans
will be followed. MADE: by R. Friedmann, SECONDED: by C. Sohl VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, and C. Garbe. OPPOSED: None, ABSTAINING: None, APPROVED: 5-0-0
- APPLICATION FOR SPECIAL EXCEPTION USE MODIFICATION
Application for Special Exception Use Modification 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.
David Royston made a presentation on the site plan dated March 24, 2011 which included revisions made following the March 21, 2011 public hearing. The underlying metal structure under the mansard roof was not structurally sound and therefore this area has been removed and changed to a standard wall. The second aspect of the change related to a bumpout of 1315 s.f. which would accommodate a bathroom and add more space to the kitchen area. There will be no change in seating or parking, although two parking spots would be moved slightly to the north.
The commission drew attention to the Fire Marshal recommendation of a fire-lane on the west side of the building and the ARB suggestion that the elevation renderings be modified to show the walk in cooler unit.. Discussion also included that any HVAC units on the roof would be screened if visible now that the mansard roof will be removed.
The Commission reviewed approvals and suggestions from the Planning Commission, the Architectural Review Board, the Connecticut River Area Health District, and the Office of the Fire Marshal.
The public was given the opportunity to speak in favor or against the application. The applicant voiced his approval. No one spoke in opposition.
MOTION to close public hearing; MADE : by M. Fish; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, and C. Garbe; OPPOSED: none; APPROVED: 5-0-0.
MOTION to APPROVE the application for Special Exception Use Modification for 2,330 s.f. restaurant, 735 Boston Post Road, Map 36, Lot 99, Business B-2 District Pedestrian Node with the following conditions: 1) a fire-lane will be in place on the west side of the building, 2) all rooftop mechanicals will be screened; 3) walk in cooler unit will be rendered accurately on the elevation drawings..MADE: by G. Lewis; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, and C. Garbe; OPPOSED: None; APPROVED: 5-0-0
- APPLICATION FOR SPECIAL EXCEPTION USE MODIFICATION
Application for Special Exception Use of 5,540 s.f. for lumber and building material sales, 93 Spencer Plains road, Map 46, Lot 3, B-4 Zone.
Applicant: Fulkerson Real Estate Development, LLC Agent: Stephen Sheehan, Esq.
Stephen Sheehan made a presentation regarding the proposed new business, a boutique lumber store, at 93 Spencer Plains Road. There are no proposed changes to the structure of the building and there will be no milling of lumber at the site. The commission drew attention to the Fire Marshal’s requirement of a fire lane on the North side of the building.
The Commission reviewed approvals and suggestions from the Planning Commission, the Connecticut River Area Health District, and the Office of the Fire Marshal.
The public was given the opportunity to speak in favor or against the application. The applicant voiced his approval. No one spoke in opposition.
MOTION to close public hearing; MADE : by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, and C. Garbe; OPPOSED: none; APPROVED: 5-0-0.
MOTION to APPROVE the application for Special Exception Use of 5,540 s.f. for lumber and building material sales, 93 Spencer Plains Road, Map 46, Lot 3, B-4 Zone with the following condition: 1) A fire lane will be required on the main entrance side (North) of the building. .MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, and C. Garbe; OPPOSED: None; APPROVED: 5-0-0
- CONTINUATION OF ANNUAL OUTDOOR SEATING RENEWALS
The Commission approved outdoor seating for Niko’s Café, two picnic tables, and Tissas Le Souk du Maroc for two tables.
- COMMITTEE, REPRESENTATIVE & STAFF REPORTS
- The ZEO presented a draft letter from the Zoning Commission to the ARB regarding ARB recommendations. The Commission approved the letter.
Chairman Friedmann adjourned the meeting at 9:55 p.m. until the next regularly scheduled meeting to be held on Monday, May 16, 2011 at the Old Saybrook Town Hall First Floor conference room, 302 Main Street at 7:30.
Respectfully Submitted,
Sarah H. Lyons
Zoning Commission Clerk
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