REGULAR MEETING MINUTES
Monday, November 21, 2011 – 7:00 PM
1st floor conference room – Town Hall
302 Main Street
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 Madeleine B. Fish, Vice Chairman
Geraldine M. Lewis, Secretary
David M. Shearer, Alternate Member, seated for M. Fish
Charles E. Sohl, Regular Member
Carl C. Garbe, Regular Member
John T. Talbott, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Susan Graham, Zoning Clerk
III. REGULAR BUSINESS
A. MINUTES
MOTION to approve the minutes from the October 17, 2011 Regular Meeting as presented MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR; R. Friedmann, , C. Sohl, C. Garbe and D. Shearer OPPOSED: None ABSTAINING: G. Lewis APPROVED: 4-0-1.
B. CORRESPONDENCE
The Commission reviewed invoice #74732 in the amount of $190.98 from Nathan L. Jacobson and Associates.
MOTION to pay Nathan L. Jacobson and Associates, invoice #74732 in the amount of $190.98. MADE: by G. Lewis; SECONDED by R. Friedmann; VOTING IN FAVOR R. Friedmann, G. Lewis, C. Sohl, C. Garbe and D. Shearer; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
IV. PRELIMINARY DISCUSSION
“Stay and Play, LLC”, Physical Fitness Facility
175-2 Elm Street, Map 079, Lot 008-2
Industrial I-1 District
Applicant: Roger Rose Agent: David Royston, Esq.
David Royston, Esq., agent for Roger Rose, handed out a letter from Roger Rose, the tenant, containing a Statement of Use for the business “Stay and Play, LLC” located at 175-2 Elm Street, in the I-1 Industrial District. Atty. Royston described the building as shared with an engineering firm and a space that is currently vacant. There is a large parking lot containing approximately 70 spaces. Historically there have been health/fitness businesses in the immediate area. Zoning compliance was obtained in 2007 for 175-2 Elm Street to house a health/fitness business.
Mr. Rose’s insurance company has made it a requirement for renewal that he obtain a daycare license. The State of CT requires a license when there are 12 or more children gathered without direct parental supervision for 2 or more hours. Daycare is prohibited in the I-1 District, so Mr. Rose would like to clarify that the license is to fulfill a requirement, but he is not conducting a daycare in the traditional sense. He is asking for a modification to the Statement of Use to increase business hours on Fridays until 9:00 PM. It would be a drop-off basis, limited to 20 students, and not open to the general public.
Mr. Rose would also like to be allowed to continue to assemble and sell sandwiches at Stay and Play to the children. He was previously purchasing them from a local restaurant and serving them, but it was difficult to keep them fresh.
It was the consensus of the Commission that the expansion of hours and the preparation of sandwiches as described would be permitted and should be added to the Statement of Use.
MOTION to move Section VII. COMMITTEE, REPRESENTATIVE AND STAFF REPORTS ahead of Section V. PUBLIC HEARINGS on the agenda MADE: by R. Friedmann; SECONDED: by C. Sohl; VOTING IN FAVOR: R. Friedmann, G. Lewis, C. Sohl, C. Garbe, D. Shearer; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
V. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
ZEO Costa reported on the following:
- Eden Harbor Condominiums, 175 Ferry Road. A lawsuit related to the construction of cantilevered decks has come to a conclusion. Some owners have opted to have their decks replaced with post-supported decks, while others prefer to remove the decks altogether and have a bay window installed. The square footage would not be increased on newly replaced decks. Mr. Matt Rubin, condominium unit owner, favors cantilevered decks, but the cost of replacement is expensive. Chairman Friedmann would like a statement upon completion showing which units have decks and which have bay windows. These changes shall be considered minor and can be handled administratively by ZEO Costa, with statements for the files.
- College Point, LLC would like a bond for 10 elm trees at Whittier Place, 509 Main Street, in the amount of $300.00 per tree. The bond total would be $3300.00. The commission prefers to bond for all remaining landscaping for the same amount to ensure completion.
MOTION to set bond for Whittier Place, 509 Main Street, in the amount of $3300.00 for landscaping per approved set of plans to be held until completion of landscaping, per plan. MADE: by R. Friedmann; SECONDED by; C. Garbe VOTING IN FAVOR R. Friedmann, G. Lewis, C. Sohl, C. Garbe and D. Shearer; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
- West Marine, 1667 Boston Post Road, sign modifications for signs facing Boston Post Road and Spencer Plains Road. The Zoning Commission agrees that the increase in size to the sign facing Spencer Plains Road by 5 sq. ft. is to be considered a minor modification and handled administratively. The proposed sign facing Boston Post Road is to be increased almost 100 sq. ft. and is considered a major modification to the special exception permit requiring a new public hearing. D. Shearer and G. Lewis both agree that both signs are sufficient as currently designed. Carl Garbe recused himself in this matter and was seated by John Talbott.
MOTION to approve increase in size of sign facing Spencer Plains Road by 5 sq. ft. as a minor modification to the special exception approval and that the increased size of sign facing Boston Post Road would require a modification to the special exception permit requiring a new public hearing. MADE: by R. Friedmann; SECONDED by; C. Sohl VOTING IN FAVOR: R. Friedmann, C. Sohl and C. Garbe; OPPOSED: G. Lewis and D. Shearer; ABSTAINING: None; APPROVED: 3-2-0.
VI. PUBLIC HEARINGS
A. Petition to Amend the Old Saybrook Zoning Regulations
Sections 31 & 53, topermit a maximum of two apartments as accessory to a non-residential use in the Business B-1 District and the IHZ Mixed Use Subzone, and to Amend Section 9, Definition of Gross Floor Area, to exclude wetlands from lot area when calculating gross floor area.
Applicant: Zoning Commission
The Commission discussed an amendment to zoning regulations to allow for up to two accessory apartments attached to non-residential structures in the Business B-1 District and the IHZ Mixed Use Subzone districts. ZEO Costa is working on wording for the regulation with feedback from various agencies. She discussed the Planning Commission’s concerns regarding rental housing in town and provided a memo to the Commission from town enforcement staff.
MOTION to continue public hearing petition to next meeting, to be held on December 5, 2011 at the Old Saybrook Town Hall, first floor conference room, 302 Main Street at 7:00 p.m. MADE: by R. Friedmann; SECONDED by D. Shearer VOTING IN FAVOR R. Friedmann, G. Lewis, C. Sohl, C. Garbe and D. Shearer; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
VII. MEETING SCHEDULE
MOTION to accept meeting schedule for 2012, noting new start time of 7:00 PM: MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, C. Sohl, C. Garbe and D. Shearer; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
VIII. BONDS
A. “Rutigliano” Special Exception for Restoration (CZC #11-050)
57 Vincent Avenue (Map 13/Lot 134), Residence A District
Original: $1,100 SE/SC Bond
Applicant: Barbara Leroy Rutigliano, Owner
MOTION to release the $1,100 SE/SC bond to Barbara Leroy Rutigliano: MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, C. Sohl, C. Garbe and D. Shearer; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
B. “Dirt” Site Plan (CZC #08-164)
47 Spencer Plain Road (Map 25/Lot 25), Industrial I District
Original: $6,000 Landscaping/SE&SC Bond ($2,000 returned 12/6/2010)
Applicant: Thomas Van Epps/Dirt, LLC, Owner
MOTION to release the remaining $4000 Landscaping/SE bond to Thomas Van Epps/Dirt, LLC: MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, C. Sohl, C. Garbe and D. Shearer; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
IX. ADJOURNMENT
MOTION to adjourn the meeting at 9:10 p.m. to the next regularly scheduled meeting to be held on December 5, 2011 at the Old Saybrook Town Hall, first floor conference room, 302 Main Street at 7:00 p.m.: MADE: by G. Lewis; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, G. Lewis, C. Sohl, C. Garbe and D. Shearer; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Respectfully submitted,
Susan Graham
Administrative Clerk
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