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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 17, 2011 – 7:00 1st floor conference room – Town Hall 302 Main Street
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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 Geraldine M. Lewis, Secretary
Madeleine B. Fish, Vice Chairman David M. Shearer, Alternate Member
Charles E. Sohl, Regular Member
Carl C. Garbe, Regular Member
John T. Talbott, Alternate Member, seated for G. Lewis
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Stella Beaudoin, Zoning Clerk
III. REGULAR BUSINESS
A. MINUTES
The Commission reviewed the October 3, 2011 and made the correction that on page 4, section C, that “aras” in the last sentence should be changed to “areas.”
ZEO Costa advised that all correspondence was included in the meeting packets.
The Commission reviewed legal invoice #28797 in the amount of $495.00 and #28793 in the amount of $366.50 from Branse, Willis & Knapp.
MOTION to pay Branse, Willis & Knapp., invoices #28797 in the amount of $495.00, and #28793 in the amount of $366.50 for a total of $861.50. MADE: by M. Fish; SECONDED by R. Friedmann; VOTING IN FAVOR R. Friedmann, M. Fish, C. Sohl, C. Garbe and J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: .5-0-0
IV. PRELIMINARY DISCUSSION
David Adams on behalf of Saybrook Junction and Attorney Howard Gould were present to discuss adding paid parking provided by LAZ parking service to the Saybrook Junction Plaza starting on November 1, 2011. Mr. Adams and Attorney Gould identified that patrons for the train station, specifically Shoreline East commuters are using parking spaces designated for business uses in Saybrook Junction plaza. Mr. Adams stated that his parking lot is being used as though it was a designated lot for the train station and not for the uses in the plaza which is interfering with parking appropriated for his tenants. Cars are being parked overnight and often for a week while people use the train. Adams informed the Commission that he did speak with Shoreline East and rejected their offer to pay $1 per day to use excess spaces on his lot.
The Commission reviewed a memorandum prepared for Mr. Adams by Matthew White, P.E. breaking down the parking spaces required for the uses at Saybrook Junction which demonstrated that of the 316 spaces on the site that an additional 83 spaces remained beyond what the Zoning Regulations require. Forty-one of these additional spaces are for Amtrak per an agreement and 42 spaces are in excess of what the Zoning Regulations require.
Adams identified that he is still working the final details of the parking system with LAZ parking service however he anticipates that from 5:00 a.m. to 9:00 a.m. a ticket system will be used for a fee of $5.00 per day. There is no proposal to construct parking structures such as a parking kiosk or gates. There will be no change to the access to the lot and no physical changes to the on-site parking other then recent restriping of the lot. An LAZ parking attendant will be present in the lot to monitor where cars are going and then direct them where to park. Patrons and employees of Saybrook Junction businesses will not be charged. Once the 41 designated Amtrak spaces are filled then the Amtrak patrons have the option of paying to park in the approximately 42 excess spaces not attributed to Amtrak or required by the
Zoning Regulations.
Chairman Friedmann identified a discrepancy in the way that Mr. White calculated the parking required per the Zoning Regulations. Attorney Gould advised that a definitive number would be provided to the Commission prior to the commencement of paid parking.
John Talbott noted that if 83 parking spaces are available at the cost of $5 per day that paid parking would yield a maximum of $415 per day. Mr. Adams responded that the purpose of this proposal is to regulate the existing parking in the lot for his tenants.
Chris Costa, Zoning Enforcement Officer expressed concern that cars would not be stopped at the entrances to the plaza and back up onto Boston Post Road and North Main Street. Ms. Costa added that she has met with LAZ parking and Master Sergeant VanDerHorst of the OSPD and wanted to clarify that this would not occur as discussed in a previous meeting. Mr. Adams assured the Commission that cars would not back up onto Route 1 or North Main Street.
Ms. Costa asked the Commission if the addition of a parking service is a new use that requires a modification to the Special Exception Permit for the plaza, discussed permitting LAZ parking signs and how this change should be permitted.
After lengthy discussion, the Commission came to the consensus that the Zoning Commission requires parking however the Commission does not regulate if a property owner chooses to charge for that parking. The Commission determined that charging for parking is not a new use, it is a way to monitor the existing parking spaces on the site. The addition of a parking attendant is not a change to the existing Special Exception permit which would require Commission review. The Commission added that if the parking lot was being altered or if parking structures were being added that the Commission would consider this a change to the Special Exception permit.
Ms. Costa stated that she would prepare a detailed note to the file documenting this discussion including the clarification of the number of parking spaces and final operation procedure that Attorney Gould agreed to provide. Any new signs would require a permit. .
V. PUBLIC HEARINGS
A. 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
B. 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
The public hearings for items A&B were opened consecutively for a joint discussion.
The Commission was provided with revised conditions in their meeting packets that were reviewed by Commission staff including Attorney Knapp, ZEO Costa and Geoff Jacobson, Consulting Engineer. These revised conditions were additionally reviewed by the applicant prior to the meeting.
Attorney William Childress, Stuart Fairbank, P.E., Richard Grigoritis and John Cunningham presented the following to the Commission to address unanswered concerns remaining from the previous public hearing.
- A site line demonstration plan along Ferry Road to address tree trimming and site line issues.
- A revised perimeter landscaping plan.
- A revised sidewalk plan for the area located adjacent to the open space area.
- Winter boat storage plan.
To address Chairman Friedmann’s concerns of trailers and boats being stored in parking spaces, Attorney Childress, Chairman Friedmann and ZEO Costa modified the language to item K in the 8-30 g site plan approval conditions and item F-3 of the special exception permit to insure that boats and trailers would only be stored in rack storage buildings and on the outside boat storage plan approved by the Fire Marshall and Fire Chief. It was additionally clarified that the caged residential storage units could allow for storage of non-motorized boats such as a small kayak.
Charlie Sohl discussed limiting the storage of chemicals in the caged residential storage areas.
Christina Costa, ZEO identified for the record all referrals responses received for both applications.
Chairman Friedmann opened the public hearing for comments. No comments received from the public.
ZEO Costa questioned Attorney Childress if he had any objections to taking the two previous approval resolutions and inserting the amended conditions into them so that the final amended motions are clear for future reference. Attorney Childress agreed.
MOTION to close the public hearing on the application of Between the Bridges, LLC for a modification to the approved special permit for boat marina, four marine commercial buildings, one restaurant, retail, commercial and indoor/outdoor boat storage to be located at 139, 142 and 163 Ferry Road, Residence A and Marine Commercial MC Zoning Districts: MADE: by R. Friedmann; SECONDED: by C. Sohl; VOTING IN FAVOR: B. Friedmann, M. Fish, C. Sohl, C. Garbe and J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to close the public hearing on the application of Between the Bridges, LLC for a modification of the approved CGS 8-30g site plan application and text for 90 residential units, including 27 affordable housing units to be located at 139, 142 and 163 Ferry Road, Residence A and Marine Commercial MC Zoning Districts: MADE: by R. Friedmann; SECONDED: by C. Garbe; VOTING IN FAVOR: B. Friedmann, M. Fish, C. Sohl, C. Garbe and J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve the application of Between the Bridges, LLC for a modification to the approved special permit for boat marina, four marine commercial buildings, one restaurant, retail, commercial and indoor/outdoor boat storage to be located at 139, 142 and 163 Ferry Road, Residence A and Marine Commercial MC Zoning Districts: MADE: by R. Friedmann; SECONDED: by C. Sohl; VOTING IN FAVOR: B. Friedmann, M. Fish, C. Sohl, C. Garbe and J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve the application of Between the Bridges, LLC for a modification of the approved CGS 8-30g site plan application and text for 90 residential units, including 27 affordable housing units to be located at 139, 142 and 163 Ferry Road, Residence A and Marine Commercial MC Zoning Districts: MADE: by R. Friedmann; SECONDED: by C. Garbe; VOTING IN FAVOR: B. Friedmann, M. Fish, C. Sohl, C. Garbe and J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Final amended resolutions are attached to these minutes.
VI. WORKSHOP
- Discuss appropriate Zoning District for funeral establishments.
ZEO Costa commenced the workshop by questioning the Commission which zoning districts would be appropriate for funeral establishments. The only undertakers’ establishment located in Old Saybrook is in the Business B-3 Zoning District which allows for both residential and commercial uses. Prior to a text amendment effective on October 28, 2008, undertaker’s establishments were permitted in B-2, B-3 and B-4 districts.
The Commission discussed the different attributes of each zoning district including lot size as it relates to parking and the purpose of each district. The B-1 district is geared towards pedestrian shopping and eateries, lacks parking and was found not appropriate for this use. The industrial I district should be preserved for the sake of the Town’s grand list and would not be appropriate. The Commission determined that undertaker’s establishments should be permitted as a Special Exception in the B-2, B-3 and B-4 zoning districts are appropriate for this use provided that adequate parking is provided. The Commission directed the ZEO to add this amendment to the next petition that the Commission makes to change the Zoning Regulations.
Charles Sohl left the meeting at 8:50 p.m.
VII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
ZEO Costa reported on the following:
Walmart, 665 Boston Post Road has requested 4 outdoor trailers for inventory storage during the holiday season. This is two additional trailers then last season. Commission advised the ZEO to handle administratively as long as parking spaces are not obstructed.
Stay & Play, 175 Elm Street 2, is a physical fitness facility for children that was permitted in the Industrial I-1 zone. The owner is considering leasing additional space in the building to have after school programs without parental supervision. The State of CT is requiring the owner to obtain a day care license despite the owner’s argument that this is not day care. Chairman Friedmann stated that daycare is not a permitted use in this zone and that daycare is not heavy industry nor should it be located in an industrial area. The Commission discussed why a day care license is required if other fitness facilities in the district such as Shoreline Gymnastics is not required to have a license even though children are not supervised by their parents. ZEO Costa
believes the State License requirement this is attributed to the duration of stay and number of children but would need to double check. The Commission came to the consensus that the after school programs are leaning more towards day care then physical fitness and is not a permitted use.
Saybrook Point, LLC., 21 Bridge Street. A letter from Attorney David Royston was received following the discussion held at the previous meeting. ZEO Costa requested that the Commission clarified if the definitions of both Gross Floor Area (Gateway) and Gross Floor Area are applicable at the same time.
The Commission stated only the Gross Floor Area (Gateway) is applicable. ZEO Costa then discussed that the Gross Floor Area (Gateway) definition does not refer to the defined term “stories” and that the discussion regarding gross floor area with Tom McDonald at the previous meeting would not apply.
The Commission agreed and advised the ZEO to handle the minor change administratively as discussed at the last meeting unless the result of the gross floor area change results in the increase of a non-conformity which would require a variance.
Saybrook Country Barn, 2 Main Street. The ZEO requested that the Commission make a motion to release remaining performance bond money being for improvements to the property.
MOTION to release all remaining bond money being held for Saybrook Country Barn: MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: B. Friedmann, M. Fish, C. Sohl, C. Garbe and J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
VIII. ADJOURNMENT
MOTION to adjourn the meeting at 9:18 p.m. to the next regularly scheduled meeting to be held on November 7, 2011 at the Old Saybrook Town Hall, first floor conference room, 302 Main Street at 7:30 p.m.: MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: B. Friedmann, M. Fish, C. Sohl, C. Garbe and J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Respectfully Submitted,
Christina M. Costa, CZEO
Acting Zoning Commission Clerk
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