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 TOWN OF OLD SAYBROOKZoning Commission |
Executive Board Robert C. Friedmann, Chairman Madeleine B. Fish, Vice Chairman Geraldine M. Lewis, Secretary |
302 Main Street Old Saybrook, Connecticut 06475-1741 Telephone (860) 395-3131 FAX (860) 395-1219
SPECIAL MEETING MINUTES Tuesday, August 9, 2011 7:00 1st floor conference room – Town Hall 302 Main Street |
Members Carl C. Garbe Charles E. Sohl
Alternate Members David M. Shearer John T. Talbott |
I. CALL TO ORDER
Chairman Friedmann called the meeting to order at 7:03.
II. ROLL CALL
Attendant Members Absent Members
Robert C. Friedmann, Chairman Carl C Garbe, Regular Member
Madeleine B. Fish, Vice Chairman
Geraldine M. Lewis, Secretary
Charles E. Sohl, Regular Member
David M. Shearer, Alternate Member, seated for C. Garbe
John T. Talbott, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Sarah Lyons, Zoning Clerk
III REGULAR BUSINESS
A. MINUTES
B. CORRESPONDENCE
MOTION to pay Branse, Willis & Knapp., invoice #28387 in the amount of $244.00. MADE: by G. Lewis; SECONDED by M. Fish; VOTING IN FAVOR R. Friedmann, M. Fish, G. Lewis, C. Sohl, and D. Shearer; OPPOSED: None ABSTAINING: None; APPROVED: 5-0-0.
IV PUBLIC HEARING
A. “BJM Pumps” Application for Special Exception Use, construction of 8,030 s.f. warehouse, 119 Spencer Plain Road, Map 46, Lots 4-1, 4-2, & 4-3, Business B-4 District
Applicant: OSCT, LLC Agent: Joe Wren, P.E.
Attorney Ed Cassella presented the application to the Commission. He stated that in the original subdivision the parcel was subdivided into four lots, 1-4, however the Town Assessor assigned them lots 4, 4-1, 4-2, and 4-3. The Commission requested that the lot numbers on the site plan be changed to the original 1-4 instead of the Assessor’s numbers. Attorney Cassella stated that building 2 is currently vacant and is the proposed site for the warehouse. He stated that the ZBA granted a variance of the front yard setback in March of 2011. The applicant appeared before the Planning Commission to extinguish the 4 right of ways and add a Common Driveway and Parking Easement. The driveway entrance on the NW side of the property will remain a 2 way entrance/exit and the NE corner
entrance will be converted to a one way (enter only) to eliminate the sight restrictions when exiting the property. The applicant stated that they met with the DOT and were given a positive response.
There are two signs proposed, an oval sign on the building which is 5’ 2” tall and 8’ long, and a monument sign which will be placed in the front yard which is 30” tall 5 ½’ long. There is no lighting proposed for either sign.
Joe Wren, PE, continued the presentation and addressed some concerns presented by the town engineer. Mr. Wren described the traffic and truck flow improvement at the site due to a change in the parking configuration and placement of the building. He stated that a waiver of the perimeter buffer was necessary to insure adequate movement throughout the site. He assured that with the waiver, they would still be able to exceed the 25% landscaping requirement. The site is served by public water, and the septic system on the north side of the building was approved by CRAHD.
The proposed building would require seven parking spaces, including one handicapped space, which would bring the total spaces for the site to 59. Mr. Wren feels that due to the 2-3 ft. concrete reveal on the southern side of the building, he does not feel that bollards or wheel stops are necessary. There are presently four storage containers on the site and Mr. Wren assured that following construction, all four containers would be removed from the site. Addressing concerns about trash dumpsters, owner, Mike Bjorkman stated that there are cardboard and trash dumpsters presently on site which are located behind buildings One and Two and are not visible from the street.
Mr. Wren stated that underground storm water detention is proposed to mitigate the increase in runoff volume for the 25-year storm. The proposed street trees include three Homestead Elms and two Thundercloud Plum trees. The applicant requested modification of the perimeter buffer based on functionality and stated that if the building were downsized to provide the regulatory buffer width, it would impede the use of the surrounding lots with the existing and proposed buildings.
Gary Tierney, architect, presented the architectural plans which included a split faced concrete façade of ash gray with blue trim. At the request of the ARB, the applicant will continue the split faced block from the west elevation to the overhead door. There will be no mechanicals on the roof. There are wall packs 16’ high up on the building which are sharp cut off lights. These hooded lights will be on a timer and no bulb glare will be visible from the street.
The Commission reviewed approvals and suggestions from the Planning Commission, Fire Marshal, Jacobson & Associates, CRAHD, and the Building Department. The public hearing was opened to the public for comment and there were no comments expressed.
MOTION to Close Public Hearing MADE: by B. Friedmann , SECONDED: by G. Lewis. VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, and D. Shearer OPPOSED: None, ABSTAINING: None, APPROVED: 5-0-0
Chairman Friedmann stated that the situation with this site is unique as the previous adjacent buildings and three other lots were developed in conjunction with the regulations in effect at that time. To provide for vehicular access on this lot as well as the existing lots, the existing configurations have set conditions where the perimeter buffer is less feasible. He feels that all other issues have been adequately addressed by the applicant.
MOTION to approve the Application for Special Exception Use for construction of an 8,030 s.f. warehouse, 119 Spencer Plain Road, Map 46, Lots 4, 4-1, 4-2, & 4-3, Business B-4 District with the following conditions: 1) The foundation exposure is not less than 3 feet, even at the western corner of the building; 2) that the applicant will remove storage trailers from all four sites prior to the granting of the Certificate of Occupancy; and 3) an addition be made to the cross easements that any dumpster on lots 3 & 4 will remain behind the building and will not obstruct existing parking spaces. MADE: by R. Friedmann. SECONDED by C. Sohl; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl., and D. Shearer OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
V PRELIMINARY DISCUSSION
“Classic Carriage” Modification of Special Exception Use to convert 2-bay car wash building to lube oil facility, 351 Boston Post Road, Map 42, Lot 10-1, Business B-4 District.
Owner: Injun Three, LLC Owner/Agent: Patty Pitlick
Frank Maitland, PE, representing Classic Carriage, informed that the State of CT DEEP had issued the business a cease and desist order which stated that they can no longer discharge wash water into the ground. As a result, they have decided to modify their use by changing one of the existing buildings on the property to a lube oil facility. There will be no change to the building footprint, landscaping, or septic, although the sign will be modified to reflect the new quick lube service. The Commission discussed whether or not the added use was a major or minor modification of the special exception permit. The added activity will require a hearing in front of the Inland Wetlands and Watercourses Commission as it occurs within the 100 ft. wetlands buffer. The DEEP and the Fire Marshal will
also be reviewing the modification. The Commission feels that as the oil storage is within the footprint of the building and will be reviewed by other officials, the minor modification in use should be delegated to an administrative approval by the ZEO and does not require a hearing before the Zoning Commission.
IV. PUBLIC HEARING
B. “Pite” Application for Special Exception/Coastal Site Plan to construct 1,296 s.f. garage, 193 Ayers Point Road, M63/L 68, Residence AA-1 District, Coastal Management Zone, Gateway Conservation Zone.
Applicant: William Pite Agent: Joe Wren, P.E.
Joe Wren, PE, made the presentation for the proposed barn with a loft in the north corner of the lot. He presented a rendering of the barn which has vertical siding, a cupola and a small attached shed on the southern side. He stated that the main portion of the building will be used for the parking of vehicles and the attached shed will be for storage. The building is 24’ to the ridge line and there will be no underground utilities or plumbing. D. Shearer expressed concerns of whether the height of the building would obstruct neighbor’s views of the river. Mr. Wren stated that the neighbors to the rear are at a much higher elevation and no views will be obstructed. The building will not be visible from the water as the other buildings on the property will obstruct it. The Commission expressed concerns over the removal of trees and the removal of the shrubs on the northerly property line. Mr. Wren stated that the shrubs being removed are overgrown and unsightly and that the
trees along the property line would remain untouched. He also stated that the attached shed may not be built right away and every attempt will be made to save the 6” elm situated next to the proposed building.
The Commission reviewed approvals and suggestions from the Planning Commission, the Connecticut River Gateway Commission, the DEEP, and the CRAHD. The public hearing was opened to the public for comment and there were no comments expressed.
MOTION to Close Public Hearing MADE: by B. Friedmann, SECONDED: by D. Shearer. VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, and D. Shearer OPPOSED: None, ABSTAINING: None, APPROVED: 5-0-0
MOTION to approve the Application for Special Exception/Coastal Site Plan to construct a 1,296 s.f. garage, 193 Ayers Point Road, M 63/L 68, Residence AA-1 District, Coastal Management Zone, Gateway Conservation Zone with the condition that a good faith effort is made to maintain or replace any trees affected by the construction. MADE: by R. Friedmann. SECONDED by D. Shearer; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl., and D. Shearer OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
C. “The Castle” Application for SPEX/CSP to convert a 16,464 s.f. dwelling to a two family dwelling. 12 Billow Road, Map 1, Lot 82-4, Residence A District, Coastal Management Zone.
Applicant: W. Wayne Rand Agent: Attorney Rowena Moffett
Rowena Moffett presented the application and proposed conversion of the dwelling to a two-family She described the small addition which would allow a separate entrance for the second dwelling. Ms. Moffett stated that there will be minimal exterior renovation, a garage with a deck above it, a balcony outside the kitchen and the existing pool will be expanded. The deck and balcony will not be covered by a roof or awning. The road frontage will not be impacted and the driveway will only require a small extension in order to access the new garage door. The public access area is through Hartland’s Drive and does not extend onto the property.
The Commission received a letter from resident Tedd Levy, 8 Gates Road, who expressed his opposition to the application. The Commission reviewed approvals and suggestions from the Planning Commission, CRAHD, and the Fire Marshal. The public hearing was opened to the public for comment and there were no comments expressed.
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 D. Shearer OPPOSED: None, ABSTAINING: None, APPROVED: 5-0-0
MOTION to approve the Application for Special Exception/CSP to convert a 16,464 s.f. dwelling to a two family dwelling. 12 Billow Road, Map 1, Lot 82-4, Residence A District, Coastal Management Zone. MADE: by R. Friedmann. SECONDED by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl., and D. Shearer OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
VI. BOND RELEASE
A. Colleen Lallier, 14 Mulberry Street. Map 24/Lot 5
Special Exception Application & CSP # 08-142
Demolition and reconstruction of year-round single family dwelling
Original Bond: $2,300 SE/SC Bond
Action: Release $2,300 SE/SC Bond
B. Burger King, 607 Boston Post Road, Map 40/Lot3
Special Exception Modification Application #08-069
Reconfigure parking and landscaping and façade renovation
Original Bond: $500 Landscaping Bond
Action: Release $500 Landscaping Bond
C. Starbucks, 15-19 Main Street, Map 37, 40/Lots 51-1
Special Exception Use Application #05-146
Retail Coffee Shop
Original Bond: $5,700 Landscaping Bond
Action: Release $5,700 Landscaping Bond
D.Gaslight Village, 1200 Boston Post Road, Map 28/Lot 8
Special Exception Application #03-063
6,000 s.f. Office Building
Original Bond: $1,700 Landscaping Bond
Action: Release $1,700 Landscaping Bond
MOTION to release the 2,300 SE/SC Bond to Colleen Lallier, the $500 Landscaping Bond to Burger King, the $5,700 Landscaping Bond to Starbucks, and the $1,700 Landscaping Bond to Gaslight Village. MADE: by R. Friedmann. SECONDED by G. Lewis; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl., and D. Shearer OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
VII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
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- Action Sports, 1385 Boston Post Road, would like to put a permanent storage trailer behind the building. The trailer would not be visible from the street and would meet all of the setback requirements. The Chairman advised the ZEO to handle the matter administratively.
- Discussion took place regarding appropriate zones for Undertaker Establishments. The Commission feels that parking is an issue and that perhaps B-4 or I Zones could better accommodate this use.
- The ZEO informed the Commission that sign enforcement is underway and approximately 50 businesses were issued cease and desist letters.
- The ZEO informed the Commission that Dibble Construction, 1565 Boston Post Road, is proposing to replace the roof and enclosing an existing open shed. The Commission informed the ZEO that a Site Plan Review is required.
VIII. ADJOURNMENT
The meeting was adjourned at 10:20.
Respectfully Submitted,
Sarah H. Lyons
Zoning Commission Clerk
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