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Zoning Commission Minutes 09/19/2011
   
9202011_13738_0.pngTOWN OF OLD SAYBROOK
Zoning 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

REGULAR MEETING MINUTES
Monday, September 19, 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 7:00 p.m.

II.     ROLL CALL


Attendant Members                                                              Absent Members

Robert C. Friedmann, Chairman                                             Carl C Garbe, Regular Member
Madeleine B. Fish, Vice Chairman                                         David M. Shearer, Alternate Member
Geraldine M. Lewis, Secretary
Charles E. Sohl, Regular Member (Arrived at 7:30)
John T. Talbott, Alternate Member, seated for C. Garbe

Attendant Staff

Christina Costa, Zoning Enforcement Officer
Sarah Lyons, Zoning Clerk


III     REGULAR BUSINESS

         A.  MINUTES



  • CORRESPONDENCE
ZEO Costa reminded the Commission about the Rockfall 25th Annual Symposium which        will be held at The Katharine Hepburn Cultural Arts Center on October 13, 2011.

IV.     PRELIMINARY DISCUSSIONS

  • Preliminary Discussion:  Between the Bridges South Yard
Reconstruct damaged building/renovations
24 Ferry Place, Map 43, Lot 3
Marine Commercial (MC) Zone, CT River Gateway Conservation Zone, Coastal Management Zone
        Applicant: Between the Bridges, LLC.,                   Agent: Attorney William Childress.

Per the applicant’s request, the discussion was cancelled.

  • Preliminary Discussion:  :  J.P. Powersports, LLC/Coastline Motor Sports
Proposal for Coastline Motor Sports to occupy 14,700 s.f. of building
360 Boston Post Road (Former Stanley Motors site), Map 53, Lot 49
Business B-4 District,
Applicant:  J.P. Powersports, LLC     Agent:  Jerry Lamarche

Jerry Lamarche informed the Commission that the building at his present location, 309 Boston Post Road, is in foreclosure and as a result, they need to relocate their business.  While they will be filing an application for a Special Exception Use Modification, they are requesting approval for temporary occupancy of 360 Boston Post Road.   They are interested in leasing the property at 360 Boston Post Road, Map 53, Lot 49 the former Stanley Motor’s site although their plan does not include the use/lease of the adjacent vacant  lot, Map 53, Lot 50.  ZEO Costa stated that as the previous Special Exception permit approval included both lots, this would be a modification.  Chairman Friedmann stated that the intensity of use on the property is less than where they are now due to the size of the property.  Additionally, Chairman Friedmann feels that an updated site plan is necessary.    Following discussion, the Commission stated that it will allow a temporary, 90 day Certificate of Zoning Compliance for J.P. Powersports, LLC to relocate to 360 Boston Post Road on the condition that Jerry Lamarche immediately file an application for SPEX Use Modification.

  • Preliminary Discussion:  S&S Marine, LLC
Proposal for S&S Marine to occupy 1,863 s.f. building
128 Essex Road, Map 59, Lot 7
Business B-2 District
                 Applicant:  Scott Sundholm          Agent:  Matthew White, PE

Scott Sundholm received a cease and desist order from the ZEO for relocating their  business to 128 Essex Road without applying for a permit.  The property at 128 Essex Road is located in a Business B-2 District and the ZEO stated that this use does not appear to be allowed in a B-2 District.  Mr. Sundholm stated that their business is mainly a mobile business as they travel to existing marinas to service boats.  Occasionally a boat is brought to their site for repair, however boats are not stored there.  Following discussion, the Commission agreed that this type of business is not allowed in the Business B-2 District.  Several options were discussed, including the applicant requesting consideration to change the zone for the small group of lots on Essex Road from B-2 to Marine Commercial District.  Mr. Sundholm stated that he will consider filing a petition to the commission for a zone change.

IV.    PUBLIC HEARING


  • Application for Special Exception Use Modification, to construct 3,500 s.f.             addition to Grossman Nissan service area
295 Middlesex Tpke, B-4 Zone, Map 52 Lot 63-1
Applicant/Owner:  John Grossman               Agent:  David Annino, L.S.
ACTION:  Open PH                                         (NLT 10/23/2011)


David Annino presented the application to the commission.  Following a fire, the applicant, while considering repairs, decided to put a 3,500 addition on to the existing building at 295 Middlesex Turnpike.  Their proposal includes a 24’ driveway, dumpster enclosures in the northwest corner of the parking area, replacing new grit and oil separator and holding tank, 8 cut-off wall packs.  Chairman Friedmann suggested that the wall-packs on the west side of the building be placed on a timer and that employee parking should be designated.   Ron Swaney of Commercial Construction, presented information regarding the processing of the oil into a holding tank for disposal.  J. Talbott inquired as to whether there were any changes in landscaping to which the applicant stated that there were not.  The applicant also stated that there would be no stockpiling of topsoil and presented a sample of the wall packs that they are considering.

ZEO Costa informed the Commission that there was a IWWC Permit granted on August 18, 2011 and that responses have been received from the Architectural Review Board, the Planning Commission, the Connecticut River Area Health District 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 G. Lewis , SECONDED: by  C. Sohl.  VOTING IN FAVOR:  R. Friedmann, M. Fish, G. Lewis, C. Sohl, and J. Talbott  OPPOSED: None, ABSTAINING:  None, APPROVED:  5-0-0                        


MOTION to approve the Application for Special Exception Use Modification, to construct 3,500 s.f. addition to Grossman Nissan service area, 295 Middlesex Tpke., B-4 Zone, Map 52, Lot 63-1 with the following condition:  1) That full cut-off lighting be used. 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.



  • Application for Special Exception Use Modification, to change 2,310 s.f. of storage to office space at “Miller’s Crossing”
1358 Boston Post Road    Map 27, Lot 18, B-4 Zone, Pedestrian Node, CAM
Applicant/Agent:  Ricardo Morant
ACTION:  Open PH                                       (NLT 10/23/2011)

Ricardo Morant presented his application to the Commission to change the 2,310 s.f. of storage space in the basement of his building at 1358 Boston Post Road to office space.  Chairman Friedmann discussed the comments that were received from Nathan L. Jacobson & Associates regarding parking (regular and handicapped) and guide rails due to the slope of the parking lot.  Additionally, as this property is within a pedestrian node, sidewalks are required by the Zoning Regulations.  The Commission was concerned that the slope of the property along Route One, might be too pitched to allow for adequate space for a sidewalk.  The applicant stated that while his plan included side walks along Old Boston Post Road, the requirement for sidewalks along Route One might prove to be cost prohibitive for him.  ZEO Costa suggested that at a minimum, the sidewalk should round the corner on Route One and continue to where a potential cross walk might be placed.  

Responses have been received from the Planning Commission, the Connecticut River Area Health District and the Fire Marshal.

Following discussion, the Commission stated that the applicant’s engineer and the town engineer should meet to discuss the feasibility of sidewalks and handicapped parking.  




MOTION to Continue the Public Hearing to October 3, 2011 at 7:30  MADE: by R. Friedmann , SECONDED: by  G. Lewis.  VOTING IN FAVOR:  R. Friedmann, M. Fish, G. Lewis, C. Sohl, and J. Talbott  OPPOSED: None, ABSTAINING:  None, APPROVED:  5-0-0                        




VI.   COMMITTEE, REPRESENTATIVE & STAFF REPORTS


  • ZEO Costa reported that the Zoning Commission has been appealed on their approval with conditions regarding the Between the Bridges applications for both the Special Exception and 8-30G Site Plan Applications at 42 Ferry Road.  The applicant has requested clarification and modification of some of the conditions imposed by the Commission and has submitted two modification applications.  The Public Hearing for these applications will be on October 3, 2011
  • The ZEO is continuing with sign violations and has issued 60 cease and desist orders since June 29, 2011.  ZEO Costa informed the Commission that there was an appeal of a cease and desist order for an A-frame sign at 1250 Boston Post Road.  On September 14, 2011, the ZBA upheld ZEO Costa’s cease and desist order.
  • Discussion regarding the October 3, 2011 workshop regarding the Companion Regulation.  The Commission will be sent the text in advance.
  • The Old Saybrook High School has filed an application to insert an electronic board into the existing sign at 1111 Boston Post Road.  The ZEO requested discussion and clarification of sign regulations that pertain to electronic signs flashing intervals.  The Commission clarified that their interpretation is that a sign is considered flashing if it changes more than once every 15 minutes.
  • The ZEO also requested clarification regarding the provision in the regulations that allow for 3’ architectural projections.  ZEO Costa  questioned that if an individual comes in and can meet coverage requirements and the architectural projection would go no more than 3’, however they need two columns to support this projection, would the Commissions’ interpretation be that they would not have to seek a variance from the ZBA?  The Commission stated that their interpretation is that as long as the applicant meets coverage requirements, the projection is only 3’ and the only vertical structures are the support posts, then no variance is required.
  • Chairman Friedmann reported that he attended the September 12, 2011 Architectural Review Board meeting to explain the Zoning Commissions’ interpretation of street trees, and the limitations on signs.   Chairman Friedmann also thanked the ARB for their assistance.
  • ZEO Costa informed the Commission that Christine Nelson is looking for volunteers from members of various boards/commissions  to help with the Natural Hazard Mitigation Plan.  John Talbott volunteered to be the representative from the Zoning Commission.
  • ZEO Costa informed the Commission that a representative from FEMA was so impressed with the way that the Town of Old Saybrook responded to a phone inquiry relating to the Town’s plan for permitting substantially damaged property from Tropical Storm Irene, that they would like to use Old Saybrook as a model for FEMA to present to other towns.  
VII.  ADJOURNMENT


The meeting was adjourned at 9:00.




Respectfully Submitted,


Sarah H. Lyons
Zoning Commission Clerk