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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
REGULAR MEETING MINUTES Monday, October 3, 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
Geraldine M. Lewis, Secretary
Charles E. Sohl, Regular Member
David M. Shearer, Alternate Member
John T. Talbott, Alternate Member, seated for C. Garbe
Attendant Staff
Eric Knapp, Legal Counsel
Geoff Jacobson, Consulting Engineer
Christina Costa, Zoning Enforcement Officer
Sarah Lyons, Zoning Clerk
III REGULAR BUSINESS
A. MINUTES
MOTION to approve the minutes from the September 19, 2011 Regular Meeting as presented MADE: by G. Lewis ; SECONDED: by R. Friedmann; VOTING IN FAVOR; R. Friedmann, M. Fish, G. Lewis, C. Sohl, and J. Talbott OPPOSED: None ABSTAINING: None APPROVED 5-0-0
MOTION to pay Nathan L. Jacobson & Associates., invoices #74586 ($149.06), #74589 ($111.55), and #74587 ($55.78) for a total of $316.39. MADE: by G. Lewis; SECONDED by M. Fish; VOTING IN FAVOR R. Friedmann, M. Fish, G. Lewis, C. Sohl, and J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: .5-0-0
IV. PRELIMINARY DISCUSSIONS
- Preliminary Discussion: 21 Bridge Street
Proposal for modification to Special Permit for renovations of an existing structure of 4,829 s.f. for accessory hotel suites/rooms.
21 Bridge Street, Map 24, Lot 53
Saybrook Point SP-3 District, CT River Gateway Conservation Zone, Coastal Management Zone
Applicant: Saybrook Point Inn Agent: Jonathan P. Turley
Tom McDonald represented the applicant and reported that after conducting focus groups, they have decided to request a modification of the previously approved Special Exception permit. He ran through the interior modifications which included increasing the common area on the first floor, making a two-story suite into two separate rooms, and converting the third floor into an open suite with a balcony. The existing basement would become storage an the new foundation basement would be converted to a meeting/game room. The Commission expressed their concerns regarding a square footage increase as the applicant’s approved plan was a reduction of a previously existing non-conformity, however the proposed changes would increase the square footage and expand the previously existing non-conformity. Should the applicant decide, they could apply to seek a variance from the ZBA.
Steven Tagliatella spoke to the Commission and requested that the Commission review the changes to the upper floors in order to determine if the proposed changes would be considered a minor modification which would allow for the ZEO to handle administratively. Their intent is to possibly begin renovation on the upper levels while working on approvals for basement and deck renovations. The Commission determined that as the existing statement of use adequately describes the proposed modifications and these upper level modifications are not extensive, that the ZEO can handle these changes administratively. The Commission was not willing to approve the modifications as submitted due to the increase in the gross floor area.
IV. PUBLIC HEARING
A. 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
The applicant, Ricardo Morant, stated that his engineer had spoken with Geoff Jacobson regarding the sidewalks along the Boston Post Road side of the property. Geoff Jacobson stated that as there is an existing sidewalk along most of the frontage on the property, a new sidewalk could be done, however it would be right along the curb. Mr. Jacobson stated the installation of the sidewalk would not adversely affect drainage.
Following discussion, the Commission determined that, if approved, the sidewalk requirement would be made part of the approval. As the sidewalk would be primarily in the right of way, the DOT would also need to approve the sidewalk plan. Handicapped parking, restriping of existing parking and guard rails were also discussed. The Fire Marshal stated that he had a conversation with the applicant and informed him that, depending on the use if the new space, this area of the building may also need to have a sprinkler system installed.
MOTION: to close the public hearing; MADE: by G. Lewis; SECONDED: by M. Fish;~VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, and J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
During deliberations, John Talbott disclosed that he is a patient of Dr. Morant, however he feels that he would be able to impartially consider the application.
MOTION to approve the 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 with the following conditions: 1) that the new 4 parking spaces be relocated to the NW upper area and a guard rail be installed; 2) that handicapped spaces be restriped with one van accessible space and new handicapped signs and the existing parking space lines will be repainted; 3) that the plans be modified to include sidewalks along Old Post Road and along the Boston Post Road, to the western proerty line and that the applicant submit those plans to the DOT in order to get an encroachment permit and an easement if necessary; MADE: by B. 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.
B. Application of Between the Bridges LLC, for a Modification to Approved Special Permit for boat marina, four marine commercial buildings, one restaurant, one retail/commercial, indoor/outdoor boat storage to be located at 139, 142, & 163 Ferry Road, Old Saybrook, Connecticut, Residence A and Marine Commercial Districts. Modifications include amending conditions of approval related to: tracking the costs of improvements for building MC4; eliminating wheel stops along the bulkhead within the property included in the River Landing Marina Condominium; potentially limiting repairs to Subsurface Infiltration Area 2; adjustment to what can be stored in the storage areas underneath Buildings A and B; amending where boats can be stored to allow boat storage north and
east of the boat basin; alter requirement for Fire Marshal approval of the boat storage plan to require Zoning Commission approval after consultation with the Fire Marshal; requiring Applicant to insure that the water pressure and volume be adequate to serve the project to the reasonable satisfaction of the Zoning Commission after consultation with the Commission’s consulting engineer and the Fire Marshal; elimination of any requirement for the Applicant to clear vegetation on adjacent off-site properties; modify requirement for changes to the streets at the northerly entrance to the westerly and easterly sides of the development to require Town of Old Saybrook approval; removal of any requirement to trim trees on the Loveland property; clarification of what is required by the narrowing of Ferry Road; clarification that condition to limit sidewalk to upland portion of southerly frontage of the development on Ferry Road remaining after the conveyance of the approved open
space; potentially eliminate the requirement to shift utilities to save two large trees; clarification of the perimeter buffering requirement; clarify when detailed construction drawings will be required from the Applicant.
Applicant: Between the Bridges, LLC Owner Agent: William Childress, Esquire
C. Application of Between the Bridges LLC, for a Modification to Approved Connecticut General Statutes § 8-30g site plan and zoning text for 90 residential units, including 27 affordable housing units to be located at 139, 142 & 163 Ferry Road, Old Saybrook, Connecticut, Residence A and Marine Commercial Districts. Modifications include amending conditions of approval related to: eliminating wheel stops along the bulkhead within the property included in the River Landing Marina Condominium; potentially limiting repairs to Subsurface Infiltration Area 2; potentially allowing slopes of parking areas exceeding 5% grade; potentially eliminating stop bars in the parking areas intersecting sidewalks; clarifying the number of proposed bicycle lanes in Ferry Road; eliminating guide rails
along all areas adjacent to the water; adjustment to what can be stored in the storage aras underneath buildings A and B.
Applicant: Between the Bridges, LLC Owner Agent: William Childress, Esquire
William Childress represented the applicant and visited each of the conditions of approval that they wished modified, amended or removed. The modification request for the Special Exception approval conditions were as follows:
Condition A-5: The applicant stated that the wrong building was referenced and that MC4 should be inserted for MC3.
Condition A-6: The applicant states that the condition would require them to construct in an area of the River Landing Marina Condominium. He also states that he doesn’t think that the guard rails are necessary as he feels that the bulkhead could be considered curbing. Eric Knapp stated that s long as the engineers agree that what is built is considered a curb and the commission is satisfied with that, then legally he is comfortable with that.. The commission would like the applicant to give proposed alternative text.
Condition A-11: Mr. Childress stated that they would like the condition amended in that the applicant requests, not insures, that the Town of Old Saybrook take ownership and responsibility. Geoff Jacobson stated that the TOS Public Works Department has agreed to maintain the area. The applicant agreed to provide alternative text.
Condition F-1: The applicant would like the condition amended to prohibit the storage of anything except vehicles and other personal property when confined in a closed “cage” space. The Commission stated that their concern is what is going to be stored, they don’t want boats stored there. The condition is fine with personal storage as long as the condition prohibiting boats is added. The applicant will provide amended text which includes the prohibiting of boat storage.
Conditions F-3 & F-4: The applicant withdrew his request for amending these conditions.
Condition F-5: While the applicant agrees that there should be adequate water pressure, they feel that the condition should include other options of increasing pressure and not limit them to solely increasing the water main. The Commission deferred to the Town Engineer and Fire Marshal and stated that if alternative engineering can supply the water needs that would be fine, however the condition would stand if there is not another way to get an adequate water supply.
Condition H: The applicant stated that they have no right to cut vegetation on off-site properties and that the vegetation in question is in the right of way. The Town Engineer stated that if the white pine in question, in the right of way, were removed, then the site-line would be restored. Town Counsel stated that if the trees removed are within the right of way of the town, the condition does not have to be changed.
Condition I: The applicant will work with the Traffic Commission regarding the four way stop.
Condition L: The applicant stated that they feel they can clean up the sight line without going onto the Loveland property.
Condition M: The applicant proposed alternative species for the perimeter buffer along the northern property line.
Condition N: Following discussion, the applicant agreed to the reconfiguration of Ferry road to include 22ft. of paving and two 5’ bicycle lanes. The Town Planner and the Fire Chief are satisfied with this reconfiguration.
Condition O: Following discussion to limit the sidewalk to the upland portion of the southerly frontage of the development on Ferry Road remaining after conveyance of the Open Space to the Town, the commission would like a plan showing the sidewalk extensions to the east and west of the curb cut and where the guard rail would be cut.
Condition Q: This condition was included in the discussion of Condition O.
Condition T: Following discussion, the Commission suggested amending the condition to address only the 45” Sugar Maple located at 163 Ferry Road as suggested by Jim Keily, CT Licensed Arborist in a letter presented to the Commission by the applicant.
Condition U: The Commission clarified that this condition concerned the area next to the Loveland property that is overgrown. The intent was to get more landscaping on the northern part that does not meet the perimeter buffer.
The modification request for the Approved Site Plan Review (8-30G) was addressed at this time. As the result of addressing issues raised concerning the conditions of the Approved Special Exception Application, many of the issues concerning the 8-30G approval had already been covered. The following were additional concerns:
Condition H9: The Town Engineer stated that the applicant has addressed the slope of the parking area as much as they could and have reduced a previously existing non-conformity. Geoff Jacobson feels that they are very close to the required 5% slope requirement and have done the best they could with the existing conditions.
Condition H11: Discussion addressing the placement of the stop bars resulted in the Commission agreeing that as long as the stop bar is not in the bike lane, then the placement is fine and the text should be changed accordingly. The Traffic Commission and Nathan L. Jacobson and Associates would need to approve any further changes.
Chairman Friedmann stated that he would like to see all of the modifications on paper and to see specific language referencing discussions.
Chairman Friedmann asked if anyone in attendance would like to speak concerning the two proposed applications for modification. Scott Loveland questioned how the public hearings were publicized and was informed that they were advertised twice in the newspaper and the agenda was posted on the Town website seven days in advance.
VI. WORKSHOP
The Commission continued previous conversation regarding the amending of the regulations to allow for accessory apartments above store fronts in the Business B-1 district and the Incentive Housing Zone Mixed Use Subzone. The Commission stated its focus on providing more housing opportunities without producing sprawl. Chairman Friedmann asked the Commission to think about the appropriate text.
Additionally, the Commission discussed an amendment to Section 9 of the Zoning Regulations which defines Gross Floor Area. This discussion concerned the exclusion of wetland from the lot area when calculating Gross Floor Area. A Petition to amend the Old Saybrook Zoning Regulations, Sections 53, 31, and Section 9 will be made.
VII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
1) Chairman Friedmann reported on his sign meeting with the Chamber of Commerce. He stated that they wish to petition to modify the sign regulations, however the Chamber of Commerce has a legislative committee through which any text change requests would have to be approved by.
2) ZEO Costa reported that Saybrook Junction would like to hold a preliminary discussion with the Commission at the October 17, 2011 meeting. This discussion would concern their request to use excess parking spaces as paid parking spaces.
3) ZEO discussed the location of funeral parlors. Chairman Friedmann stated that parking requirements should determine which district can accommodate such a business. This issue will be put on the October 17, 2011 agenda for discussion.
4) ZEO Costa reported that the tenants of the Pye and Hogan building at 167-2 Elm Street would like to start a storage business.
5) The Commission discussed the screening of the rooftop mechanicals at T.J’s Restaurant, 735 Boston Post Road. The Fire Marshal does not want the screen because it conflicts with the code. The Commission defers to the Fire Marshal. Chairman Friedmann thought that the cooler looks industrial and people from the residential neighborhood can see it. The applicant will be asked to screen the cooler.
6) Dock and Dine Restaurant, 145 College Street, sustained flood damage and are in the process of remodeling. They have discussed potentially increasing their outdoor seating.
7) The Hallmark store, 665 Boston Post Road, would like to carve out a section of their store and have a Vera Bradley section of Hallmark. They plan on installing a second door which would give the appearance of two stores. The Commission did not have a problem with this, as long as they met the sign requirements in the regulations.
8) 18 Pelton Avenue, Coastal Site Plan Review. The ZEO reported that the neighbors of this property have presented allegations of past problems that they would like to have investigated by the Zoning Commission. Chairman Friedmann stated that as the plan was already approved, and if the applicant conforms to what he submitted, that it is too late for neighbors to bring up past issues.
VIII. ADJOURNMENT
Chairman Friedmann adjourned the meeting at 10:45.
Respectfully Submitted,
Sarah H. Lyons
Zoning Commission Clerk
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