REGULAR MEETING MINUTES
Monday, April 2, 2012 at 7:00 PM
2nd 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
Robert C. Friedmann, Chairman
Madeleine B. Fish, Vice Chairman
Geraldine M. Lewis, Secretary
Charles E. Sohl, Regular Member
John T. Talbott, Regular Member
Thomas C. Farnham, Jr., Alternate Member
Elizabeth D. Steffen, Alternate Member
Robert E. Richards, Alternate Member
Attendant Staff
Christine Costa, Zoning Enforcement Officer
Susan Graham, Administrative Clerk
III. REGULAR BUSINESS
A. MINUTES
MOTION to approve the minutes from the March 19, 2012 Regular Meeting; MADE: by M. Fish; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, C. Sohl; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
B. CORRESPONDENCE – none.
IV. PRELIMINARY DISCUSSIONS
A. “Walmart” Request for seasonal/outdoor garden merchandise sales in parking lot.
665 Boston Post Road, (M36/L103)
Shopping Center Business B-2 District, Pedestrian Node
Agent: Ray Mercado, Store Manager
Ray Mercado, Store Manager, discussed annual seasonal plans to sell garden merchandise in the rear parking lot (Elm St. side) of the store, using 32 of its 346 parking spaces. There would be less than 10% reduction in parking due to the merchandise. The Commission reached a consensus to have the ZEO issue a Certificate of Zoning Compliance for temporary seasonal use to sell garden merchandise to be renewed annually.
B. “Cloud 9” Discuss semi-permanent location of retail food trailer on property.
256 Boston Post Road (M44/L25) Gateway Business B-4 District
Owner/Agent: Andrea Isaacs
Ms. Isaacs presented sketches of a food trailer that she would like to use for take-out food orders on the property, with the capability of going mobile to cater events on-site. The current building would be used for storage, food prep, office space, and restaurant seating. The Commission and ZEO Costa discussed the zoning regulations regarding trailers and required parking and did not feel that Ms. Isaacs would gain approval if she applied. Ms. Isaacs also mentioned using a truck, rather than a trailer. Chairman Friedmann said that trucks are less regulated than trailers, but also have permit issues. ZEO Costa suggested an application to change the text in the regulations to allow accessory use to the principal catering use. The idea of a temporary
seasonal permit was also mentioned.
V. OLD BUSINESS
A. “Miller’s Crossing” Request for minor modification to Special Exeption Permit #11-114.
1358 Boston Post Road, (M27/L18)
Business Gateway B-4 District, Pedestrian Node
Owner/Agent: Dr. Ricardo Morandt
Dr. Morandt was present at the meeting for a minor modification to special exception regarding the need for sidewalks on the side of the building facing Old Post Road. There were no other members of the audience present regarding this matter. Dr. Morandt has installed sidewalks on the Boston Post Road, but does not feel they are necessary on Old Post Road. Luigi’s Restaurant, located diagonally across the street, on Boston Post Road, was not required to install sidewalks on the side facing Schoolhouse Road, in order to preserve two large trees. A letter from Jacobson Associates, consulting engineers to the Town, suggested that installation of sidewalks on side streets should be optional. A modification to a prior approval did not require sidewalks on Old Post Road. The Planning Commission response to a
referral letter recommended approval of the modification. It was the consensus of the Commission to grant the request for minor modification to the Special Exception.
MOTION to approve Request for Minor Modification to Special Exception Use Permit so that sidewalks would not be required on Old Post Road. 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.
VI. PUBLIC HEARINGS
A. “Keeney” Application for Special Exception Use Permit to 864 s.f. barn and horses.
1 Boulder Dr. (M64/L30)
Res. AAA District, CT River Gateway Conservation Zone, Coastal Area Mgmt. Zone
Owner/Agent: Beverly & Frank Keeney
Applicant, Beverly Keeney, was present with E. West Little, who was responsible for the drawings showing the position of the barn on the property. There were no other audience members present for this matter. The application is for a special exception use permit due to the inclusion of horses/livestock on the property, which is just over 3 acres, but less than 5 acres.
The proposed structure would be no closer than 55’ from the nearest property line. Two horses would be kept on the property, which is the maximum number allowed on this size lot. Manure will be treated with lime and spread periodically. Mr. Talbott asked about runoff from the manure pile. Mr. Little explained that the slope is very gradual and grades toward the woods, so runoff should not be a concern. Odors are to be kept under control.
The Planning Commission, in a referral response letter, recommended approval as long as a vegetation buffer is maintained along the roadside consistent with other roadside landscaping in Otter Cove.
MOTION to close public hearing to approve Application for Special Exception Use Permit to 864s.f. barn and horses, 1 Boulder Dr. (M64/L30) Res. AAA Distr., CT River Gateway Cons. Zone, Coastal Area Mgmt. MADE: by M. Fish, SECONDED: by G. Lewis. ~No discussion. 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 Application for Special Exception Use Permit to 864s.f. barn and horses, 1 Boulder Dr. (M64/L30) Res. AAA Distr., CT River Gateway Cons. Zone, Coastal Area Mgmt. 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.
B. “Ethan’s Landing”, Application for Site Plan Review to construct a 15 unit affordable housing development pursuant to C.G.S. 8-30g
120 Spencer Plains Road (Map 46/ Lot 5-2)
Residence AA-1 Zoning District
Owner: George Bessoni, Agent: Attorney Edward Cassella
Public hearing was opened on this matter with no discussion. The Commissioners viewed a letter from Atty. Cassella, requesting postponement and granting an extension to the Commission for public hearing.
MOTION to continue public hearing of “Ethan’s Landing”, Application for Site Plan Review to construct a 15 unit affordable housing development pursuant to C.G.S. 8-30g 120 Spencer Plains Road (Map 46/ Lot 5-2) Residence AA-1 Zoning District to the next regularly scheduled meeting to be held on Monday, April 16, 2012 at the Old Saybrook Town Hall, 1st floor conference room, 302 Main Street at 7:00 p.m.: MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, C. Sohl, G. Lewis; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Applicant for item VI.C and VI.D on agenda was not present at the meeting at this time.
MOTION to amend agenda to move item VII before item VI.C 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.
VII. COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
Colvest/West Marine Special Exception Permit, 1667 Boston Post Road – ZEO Costa discussed the following requests for minor site changes with the Commission.
1. Each parking space has concrete wheel stops, but he would like to omit them where there is 6” curbing so that they do not get destroyed by snowplows. Jacobson and Associates reviewed and the ZEO have no objection to this change.
2. The applicant requested not to install the wooden guardrail on the west-facing border near the Jensen’s property. There is a curb and stockade fence with grading that eliminates the need of a guardrail. Geoff Jacobson and the ZEO did not object to this change.
3. Mulch will likely be used in foundation beds for the grand opening, but it is only a temporary landscape. The plantings will be done at a later time.
4. The applicant has request to pave the reserved parking area in the north west corner of the property.
5. The applicant has requested to slightly modify a landscaped island. Trucks have been hitting the island and a slight modification would improve traffic flow.
Peter LaPointe of Colvest was present and discussed progress and that he is hoping to get a final Certificate of Occupancy for 1667 Boston Post Road.
The Zoning Commission agreed to allow for these minor modifications.
Colvest/West Marine Temprorary Certificate of Zoning Compliance and Bonding, 1667 Boston Post Road -ZEO Costa advised the Commission that she would be conducting the final inspection for Colvest within the next week and requested that the Zoning Commission allow her to release the paving bond once the improvements were complete. The Zoning Commission agreed that the bond could be released once the improvements were made to the satisfaction of the Zoning Enforcement Officer.
West Marine Request for Special Event, 1667 Boston Post Road, A Grand Opening is planned for April 12-15 and West Marine would like to use 10 flags, 6 free standing tents, 4 banners, and display 8 boats. The Commission looked at the layout and approved it if the boats were moved away from the road to a location closer to the bank building and not in construction zones, to improve public safety. They also approved 2 banners instead of 4, as well as the use of feather flags. The tents would be allowed with proper permits, if required. Mr. LaPointe was asked to remind the West Marine Store Manager that A-frame and electronic flashing signs are not allowed.
Scott Sundholm, petitioner for agenda items VII.C and VII.D, arrived at the meeting.
MOTION to amend agenda to resume with public hearing item VII.C 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. PUBLIC HEARINGS (continued)
C. Petition to Amend the Old Saybrook Zoning Regulations Section 35.1.7 & 35.5 to allow boat storage 8 feet from a property line.
Petitioner: S&S Marine LLC, Agent: Scott S. Sundholm
Chairman Friedmann opened the public hearing.
The petitioner, Scott Sundholm, is leasing the property at 128 Essex Road and operates a business servicing boats on and off the premises. The property is not currently zoned for the use and Mr. Sundholm is seeking a text change in the zoning regulations to allow boat storage 8 feet from a property line in a Marine Commercial district. He is also applying for a zoning map change in a separate application.
Mr. Sundholm is a Town resident and employs a number of local residents. His business abuts the Haas property at 110 Essex Road, which was the location of Ocean Performance years ago. It had remained vacant for some time after the business moved. Mr. Sundholm maintains that the two abutting parcels had once been used for commercial marine businesses and that it should be allowed once again, although his application is only for one of the parcels.
The Planning Commission did not recommend a text change because it would not be consistent with The Plan of Conservation and Development for all Marine Commercial properties, but recommended applying to the Zoning Board of Appeals for a variance. Chairman Friedmann concurred with the Planning Commission’s recommendation and thought the proposed eight-foot setbacks would be too severe to apply to all of the Marine Commercial District properties. The CT River Gateway Commission had an objection to the regulation change and would disapprove the changes if allowed by the Zoning Commission. It was noted that M. Fish abstained on the vote by the Gateway Commission since she is also a regular member of the Zoning Commission.
There were no audience members to speak on the matter.
MOTION to close public hearing of Petition to Amend the Old Saybrook Zoning Regulations Section 35.1.7 & 35.5 to allow boat storage 8 feet from a property line. MADE: by R. Friedmann, SECONDED: by J. Talbott. ~No discussion. 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 Petition to Amend the Old Saybrook Zoning Regulations Section 35.1.7 & 35.5 to allow boat storage 8 feet from a property line MADE: by R. Friedmann, SECONDED: by J. Talbott. ~No discussion. VOTING IN FAVOR: None; ~OPPOSED: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; ABSTAINING: ~None; VOTE: 0-5-0. THE APPROVAL MOTION DID NOT CARRY AND THE PETION WAS DENIED ~
D. Petition to Amend the Old Saybrook Zoning Map
128 Essex Rd. (M59/L7) from Business B-2 District to Marine Commercial MC District.
Petitioner: S&S Marine LLC, Agent: Scott S. Sundholm
Referral letter response received from the Planning Commission recommended approval since the property is located in a transitional area and the change is consistent with the Plan of Conservation and Development. The Gateway Commission had no objection. Marcy Balint, of Coastal Management, had no objection. There was no response from adjoining municipalities.
Chairman Friedmann was opposed to the map change since there is a gap between the applicant’s property and the other Marine Commercial properties. He pointed out that the property across the street is in a residential zone, although it is used as a restaurant as a legal pre-existing non-conforming use. It would be better if all of the properties between the applicant’s and the Marine Commercial District were to apply for a change, but changing just one property would be deemed spot zoning.
Mr. Sundholm stated that he has employees and would like to keep his business in Old Saybrook. Mr. Talbott pointed out that this location might not be ideal for his intended use. There was no input from the audience.
MOTION to close public hearing of Petition to Amend the Old Saybrook Zoning Map 128 Essex Rd. (M59/L7) from Bus. B-2 District to Marine Commercial MC District MADE: by R. Friedmann, SECONDED: by G. Lewis. ~No discussion. 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 Petition to Amend the Old Saybrook Zoning Map, 128 Essex Rd. (M59/L7), from Bus. B-2 District to Marine Commercial MC District. MADE: by R. Friedmann, SECONDED: by J. Talbott. VOTING IN FAVOR: None; OPPOSED: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; ABSTAINING: ~None; VOTE: 0-5-0. THE APPROVAL MOTION DID NOT CARRY AND THE PETION WAS DENIED ~
VII. COMMITTEE, REPRESENTATIVE AND STAFF REPORTS (continued)
Mr. Talbott reported on the Natural Hazard Mitigation Committee.
ZEO Costa reported on the following:
Coastline Motor Sports, 309 Boston Post Road – withdrew it’s application to move to the new location at 360 Boston Post Rd. due to an issue with the lease. Coastline is proposing to lease 3,000 s.f. of space at Ocean Performance. The Commission did not believe this would work in an I-1 district and if it fits as a conforming use would require a modification of the Special Exception Permit for Ocean Performance.
Hunters Ambulance is considering purchase of the former Coastline Motors property at 309 Boston Post Rd. and proposing changes to the building.
Old Saybrook High School, 1111 Boston Post Road, Sign - Some motorists have commented that the red letters are difficult to read and that the font should be larger.
~
Grossman’s, 295 Middlesex Tpk. – inquired about a temporary Certificate of Zoning Compliance. The ZEO explained the procedure, including bonding, similar to the West Marine requirements. The ZEO discussed some minor site plan changes to islands and relocating a dumpster.
T.J.’s Restaurant, 735 Boston Post Rd. – complaints received that motorists are confused and keep entering parking lot through the exit only on fLynde Street . ZEO is going to consult with Geoff Jacobson to see if the Lynde Street exit can be converted to two-way traffic.
Great Harvest Bread Company, 535 Boston Post Rd. – New restaurant proposed including a new walk-in cooler behind the restaurant, up 6’ x 10’ in size. Commission would like lattice or other shielding to block view of the cooler from the side street. The Zoning Commission determined that this is a Special Exception Use to a Special Exception use and that the ZEO could handle administratively.
~
Department of Public Works Garage, Middlesex Turnpike – proposing 6000 sq. ft. building. The Commission determined that this is a Special Exception Use and that a public hearing will be required.
~
Café Ashlawn, Saybrook Junction Marketplace – A small coffee sandwich shop would like to relocate to the 1400 sq. ft. space currently occupied by AAA driving School. The Commission determined that this is a change from retail use to a restaurant use. A modification of the Special Exception Permit will be required.
VIII. ADJOURNMENT
MOTION to adjourn the meeting at 10:15 p.m. to the next regularly scheduled meeting to be held on Monday, April 16, 2012 at the Old Saybrook Town Hall, 1st floor conference room, 302 Main Street at 7:00 p.m.: MADE: by M. Fish; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, C. Sohl, G. Lewis; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Respectfully submitted,
Susan Graham
Administrative Clerk
| 
