REGULAR MEETING MINUTES
Monday, December 5, 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 Charles E. Sohl, Regular Member
Madeleine B. Fish, Vice Chairman
Geraldine M. Lewis, Secretary
John T. Talbott, Regular Member
Thomas C. Farnham, Jr., Alternate Member (arrived 7:25 pm), seated for C. Sohl
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Susan Graham, Administrative Clerk
Chairman Friedmann announced that anyone who is interested in seeking office with the Commission should make it known for January elections. The current officers each voiced that they are willing to continue if reelected.
III. REGULAR BUSINESS
A. MINUTES
Meeting minutes of 11/21/2011 –Page 2, Sect. IV. Par. 2. Amend to remove “and not open to the general public” from the last sentence.
MOTION to approve the minutes from the November 21, 2011 Regular Meeting as Amended MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR; R. Friedmann, G. Lewis, M. Fish, and J. Talbott. OPPOSED: None. ABSTAINING: None. APPROVED: 4-0-0.
B. CORRESPONDENCE
MOTION to pay Nathan L. Jacobson and Associates, invoices #74899 ($1031.51), #74900 ($55.78), #74901 ($111.55), #74903 ($111.55) and #74905 ($602.05) for a total of $1912.44. MADE: by G. Lewis; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, and J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 4-0-0.
IV. PUBLIC HEARING
A. Petition to Amend the Old Saybrook Zoning Regulations Sections 31 & 53, to permit 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 the draft of the regulation text change. ZEO Costa will prepare clean copies of amendments made at the meeting.
ZEO Costa expressed the concerns of the Planning Commission regarding the outdated Rental Housing Code that is in effect and asked if the Zoning Commission felt the Rental Housing Code should be updated before the Commission amends zoning regulations involving accessory apartments. The Commission agreed that the Rental Housing Code is outdated and decided to send a memorandum to the Board of Selectmen advising them that the Code needs to be updated. The Commission agreed that the zoning amendments should proceed. ZEO Costa will draft a memo for the Commission.
Discussion on this public hearing is now complete. There were no members of the public present for comment. There have not been any responses from adjoining municipalities.
MOTION to close public hearing to amend the Old Saybrook Zoning Regulations Sections 31 & 53, to permit 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, effective 1/2/2012 MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, and T. Farnham, Jr.; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to amend the Old Saybrook Zoning Regulations Sections 31 & 53, to permit 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, effective 1/2/2012. MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, and T. Farnham, Jr.; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to send a memorandum to the Board of Selectmen recommending they consider updating the Rental Housing Code. MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, and T. Farnham, Jr.; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
V. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
A. Chairman Friedmann noted that the new West Marine building at 1667 Boston Post Road appears large and imposing with the close setbacks to the pedestrian right-of-way and asked that the Commission keep it in mind for future zoning regulations.
B. ZEO Costa reported on the following:
- S&S Marine, 126 Essex Road, was issued a cease and desist order for operating a boat business illegally in a Shopping Center Business B-2 District. The Commission would like an application for a change in zoning, to be received by 1/31/2012, or legal action will be pursued.
- Varitech Systems Inc., 5 Center Road West. The owner is proposing a second business in the building, which is located in a Gateway Business B-4 District. He would like to sell trailers on the Internet to be shipped or for customer pick-up. It was decided that he would need to present a Special Exception to the Commission for trailers.
3. Stann’s Package Store, 1606 Boston Post Road, is expanding the interior of the store.
4. Comfort Café, 90 Essex Road, (within the Comfort Inn), would like to enclose an area for additional storage between the restaurant and motel. The Commission determined that it will be handled administratively by the ZEO, as long as it is for storage only.
5. The ZEO discussed the definition of story and elevating structures above four feet to meet the FEMA flood standards. The Commission made a policy decision that since the structures would be elevated and the use below would be restricted to maintain flood compliance that the area below the base flood elevation would not be considered a story and would be included in the calculation of gross floor area. The Commission would revise the definition of story at a later date to address this issue.
VI. ADJOURNMENT
MOTION to adjourn the meeting at 8:55 p.m. to the next regularly scheduled meeting to be held on December 19, 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 G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, and T. Farnham, Jr.; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Respectfully submitted,
Susan Graham
Administrative Clerk
MU Apartment Regulation
Adopted at the December 5, 2011 Zoning Commission Meeting
Effective: January 2, 2012
Amend “Accessory Apartment” so be “Accessory Apartment (residential)” and change throughout.
Add the following new text to Section 53 Special Standards following after Accessory Apartment:
Accessory Apartment, (mixed use)
An accessory apartment (mixed use) is a dwelling unit that is accessory and subordinate to a permitted non-residential use and is an additional use which the Commission may approve by Special Exception.
A maximum of two accessory apartments (mixed use) may be permitted on a lot in the Central Business B-1 Zoning District and the Incentive Housing Zone, Mixed Use Subzone. The location within the Incentive Housing, Mixed Use Subzone is only for purposes of indicating an eligible location and is not subject to the Regulations listed in Section 54 Incentive Housing Zone or Public Act 07-04.
The following standards, conditions, and procedures are applicable to the establishment of all accessory apartments (mixed use).
When two accessory apartments (mixed use) re proposed on a lot, the total s.f. of both apartments will not exceed 50% of the gross floor area of the buildings on a lot. One apartment will not exceed 800 s.f. of gross floor area and the other will not exceed 1,500 s.f. of gross floor area not to exceed 2,300 s.f. If only one apartment is proposed, the accessory apartment (mixed use) will not exceed 800 s.f. or 1500 s.f. of gross floor area.
Except for an access door, lobby, or hallway, no portion of an accessory apartment (mixed use) will be located on a first story will be located facing a street in a manner that disrupts a series of commercial uses (i.e., non-residential uses permitted in the underlying zone) as viewed from a street or other public space. The purpose of this provision is to restrict first story accessory apartments (mixed use) to those areas where commercial uses transition to nearby residential uses located along the street. A door along the street to access second story apartments or to a hallway to access rear apartments is to be permitted and is encouraged.
For corner lots, the Commission in its discretion may allow for first story accessory apartments (mixed use) facing a street when the location does not break up an existing or planned commercial streetscape.
Any gross floor area remaining on any story of the building that is not used for accessory apartments (mixed use) must be used in accordance with the uses permitted in the underlying district, or, if vacant, is being actively marketed such uses.
Residential uses shall comply with the provisions of Section 68, specifically Sections 68.1.3 and 68.1.4.
Any Special Exception issued under this Section shall be valid until the following January of each year ending in a five (5) or a zero (0), at which time the owner of the premises will file with the Enforcement Officer an affidavit, and such other evidence as the Enforcement Officer may require, establishing that the accessory apartment (mixed use) continues to comply with the criteria set forth above, the approved plans, and any condition of approval attached to such Special Exception.
Amendment to Section 9 Definition of Gross Floor Area
Adopted at the December 5, 2011 Zoning Commission Meeting
Effective: January 2, 2012
Gross floor area. The sum of the gross area (horizontal) of all stories of a building or structure, as measured by the exterior faces of the walls or from the centerline of party or common walls separating two buildings, dwellings, or distinct and separate non-residential uses having no common exterior access. Gross floor area will not include: (a) elevator shafts and stairwells, accessory water tanks and cooling towers; and (b)
patios, terraces, unroofed open porches/decks/pools, and outside uncovered steps. Any space used for a non-residential use will be included for calculating the required off-street parking spaces for the use. These Regulations require calculation of gross floor area by excluding wetlands from the area of the lot.
Gross floor area (Gateway Conservation Zone). The gross floor area in a building or structure, measured from the exterior faces of exterior walls. Gross Floor Area (Gateway Conservation Zone) includes any area that is capable of being used for human occupancy, including garage or attic space, whether finished or not, provided the area has structural headroom of at least six feet (6’). A basement or first floor that is located entirely below ground surface is not included in Gross Floor Area (Gateway Conservation Zone) calculations. These Regulations require calculation of gross floor area by excluding wetlands from the area of the lot.
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