REGULAR MEETING MINUTES
Monday, April 16, 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
John T. Talbott, Regular Member
Charles E. Sohl, Regular Member
Elizabeth D. Steffen, Alternate Member, seated for G. Lewis
Robert E. Richards, Alternate Member, seated for M. Fish
Absent Members
Madeleine B. Fish, Vice Chairman
Geraldine M. Lewis, Secretary
Thomas C. Farnham, Jr., Alternate Member
Attendant Staff
Christine Nelson, Town Planner
Susan Graham, Administrative Clerk
There were two members of the audience.
III. REGULAR BUSINESS
A. MINUTES
There was a typographical error in the minutes from the meeting on April 2, 2012 on page eight under the T.J.s Restaurant section. The street name is "Lynde" instead of "fLynde".
On page 7, Chairman Friedmann pointed out that the wording "and not consistent with the Comprehensive Plan" at the end of the 2nd paragraph under Section D. following the words "spot zoning" had been omitted.
MOTION to approve the minutes from the April 2, 2012 Regular Meeting, as amended; MADE: by J. Talbott; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, J. Talbott, C. Sohl, E. Steffen, R. Richards; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
B. CORRESPONDENCE
MOTION to pay Branse, Willis, and Knapp invoices #29902 ($82.50), #29850 ($231.00), #29845 ($264.00) for a total of $577.50; MADE: by E. Steffen; SECONDED: by R. Friedmann; VOTING IN FAVOR: R.
Friedmann, J. Talbott, C. Sohl, E. Steffen, R. Richards; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
IV PUBLIC HEARINGS
A. “Ethan’s Landing” Affordable Housing Development Site Plan Review, Pursuant to C.G.S. 8-30g for construction of 15 dwelling units at
120 Spencer Plain Roa, (Map 46/Lot 5-2),
Residence AA-1 Zoning District.
Applicant: George Bessoni Agent: Attorney Edward Cassella
Chairman Friedmann explained that Ethan's Landing is a proposed housing development on the Old Saybrook/Westbrook town lines. Seven of the 15 units are within Old Saybrook and are under review by the Commission, but the whole development is taken into consideration.
Mr. Richards recused himself from this public hearing. Chairman Friedmann said that if any of the absent members wish to vote on this matter at future meetings they would have to listen to the audio recording of tonight's meeting.
Attorney Ed Cassella supplied new plans that had been updated last week, and said there were no major revisions. Some changes were made regarding storm water drainage issues and others were based on feedback from the Architectural Review Board.
The property is owned by George Bessoni and is approximately 2 acres, with an acre each in Westbrook and Old Saybrook. The proposed development is for 15 residential units under the C.G.S. 830-g guidelines for attainable/affordable housing. Eight units will be in Westbrook and seven in Old Saybrook. Five units are reserved for those making less than 60% of the median income and two units for those making under 80%. The annual income range equals roughly $60k - $80k.
The project was designed by Craig A. Laliberte, Architect. Each unit has an attached garage, except for the one bedroom end unit. The application has been submitted to the Town of Westbrook and the Town of Old Saybrook.
Regarding the Town of Westbrook:
The Town has scheduled a public hearing next week and is considering adding a new zoning district for projects such as these. The Planning Commission has given a favorable recommendation and a Wetlands permit has been submitted for a May decision. There is some neighbor opposition and negotiations are taking place. Westbrook has about 5% of its housing deemed affordable compared to Old Saybrook, which has about 1.25% before taking the Ferry Crossing development into account. Mr. Bessoni is hoping the Zoning Commission will approve the project by the end of May.
Regarding Old Saybrook:
The Planning Commission is in favor and the IWWC has granted an administrative permit. There is still work to be done to figure out the driveway on the town line and a site line easement. On site plan dated 3/22/12, the site line crosses a neighboring property and an easement was denied by the neighbor. A solution should be worked out by the next regular Zoning meeting. The landscape plan, dated 2/17/12, hinges on the easement issue.
Joe Wren, Professional Engineer representing Mr. Bessoni, spoke about site utilities, drainage and site lines. The design calls for one septic unit per building and is currently under review by the Westbrook and Old Saybrook Health Departments. Public water is to be supplied. There will be underground cable, electric and telephone lines from across the street. Transformers will be screened from view.
About 75% of the water will drain to the northwest and 25% to the north into a wetland area. Stormwater runoff plans were reviewed by Jacobson & Associates. A plastic underground stormwater gallery for the NW drainage is to be installed and a sand/gravel detention basin with a 2:1 slope for the SE drainage. The drainage plan shows a reduced amount of runoff compared to the current amount and withstands up to a 50-year storm.
Mr. Wren said that they are currently negotiating with a neighbor to show a 500' site line to the west. The DOT will evaluate the plan to see if 450' will be adequate.
For lighting, full cutoff sconces are to be used on the rear of units and on either side of the garages. Porches will have recessed lights.
Trash will be addressed in the condominium documents so that Westbrook residents will have pickup on different days than Old Saybrook, to minimize the number of trash barrels at the curb.
There will be a bank of mailboxes at the curb and details are being discussed with both Postmasters.
It is hoped that natural gas will be brought to the site before completion of the project, but 275-gallon oil tanks in each unit are also possible due to the full basements.
There is to be a landscaped median island in the center of the units with a sign to direct traffic one-way. It will have impervious pavers around it, even with the pavement, and a fire hydrant behind a tree that will be planted. Snow can be pushed against the island, but large amounts may need to be moved to the recreation area behind the buildings if there is an excessive amount.
There are no sidewalks proposed, since this property is not in a pedestrian node. Mr. Wren does not want to address the easement to the east at this time. A 3-4' black chain link fence with an access gate might be added to the plan to enclose the retention basin, if necessary.
Mr. Wren received comments from Nathan L. Jacobson & Associates and the following were his responses to the letter dated 3/29/12.
1a. The brick is level with the pavement, so there should be no issue.
1b. "Keep Right" sign to be moved to the island.
1c. The unit on the west side has adequate room to back out of the garage if you take the pavers into the calculations, since they are level with the pavement.
1d. Working with the DOT on the sire line easement-will have results in next revision.
1e. Regarding drainage – majority drains to the SE basin, but units could be raised 6" to allow for a 1% grade.
1f. Raising the buildings 6" also addresses the concern about grading between buildings 1 & 2.
2a. Catch basins already added to plan.
2b. Same response as 2a.
2c. Will add fencing around retention basin due to 2:1 slope grade.
2d. Under review by the Health District.
2e. Revised set of plans address rear drainage.
2f. A set of plans showing all underground utilities, including drainage from roof gutters, would be impossible to read and are subject to change. The normal utilities can be shown on plans.
3a. Mr. Wren disagrees that a silt fence is necessary to control erosion. The topsoil has been stripped, leaving only sand and gravel. There will not be any topsoil stockpiles except for a small one in the back that will be redistributed later.
4a. Trash removal-already addressed.
4b. Same for snow removal.
4c. Old wood stove and fuel tank on the property will be removed.
4d. DOT approval needed and is in the works.
4e. Property to the east and driveway encroachment are being rectified.
4f. Detailed as-built drawings are needed. The main utilities will be shown, but Mr. Wren feels it is not necessary to include footing drains and roof leaders on the drawings.
Mr. Sohl asked about septic systems under the pavement. Mr. Wren explained that this is allowable and that reserve areas are not required because there is already sand and gravel there.
Mr. Sohl suggested a bus shelter at the road for Town Transit and school buses. Mr. Wren said that the site line plan needs to be finalized first. ZEO Costa said she spoke to the Estuary Transit District and there will be one at the YMCA.
Mr. Wren described the units in the development as very nice, like those at Ferry Crossing. The affordable units will be workforce housing and the market-priced units will be over $300k.
Craig Laliberte displayed sample boards of the exterior colors and textures. He is proposing a different color for each of the 4 buildings, with 2 textures on each for visual interest. Cultured stone will be used on the skirt and stairwells. The same roofing material will be used throughout. He described the layouts of each type of unit. Sliders will lead to a deck, porch or patio, still to be determined. Units 1 and 4 face Spencer Plain(s) Road and have shutters, textures and privacy fencing toward the road. Buildings 2 and 4 are identical. There is to be a privacy fence projecting 8' from the building between each unit. An evergreen will be planted at the end. The association will maintain all of the property.
The garages will be on the front of the units. There will be double gables and indented entrances of at least 4'. The 3-bedroom units will also have stone on the end of the building. Gutters will be placed at corners and directed underground or to catch basins. Material upgrades will be available at the time of purchase for the market-priced units. There will be no bulkheads leading to the full basements.
Chairman Friedmann questioned the location of the one-way sign on the pavers and would like to know the maximum elevation of the mound in the island. He also expressed concerns about the slope of the retention basin and would like to clarify the regulations regarding this.
ZEO Costa asked about propane tanks and chimneys. Mr. Laliberte said that chimneys are to be installed if oil heat is used. Gas firelogs would not require a chimney. He will show chimneys on future plans and present an option to remove them if natural gas is made available.
Responses have been received from the Planning Commission, ARB, CRERPA, Town Attorney, Town Engineer, Fire Marshal, Town Planner, Building Official. All were favorable or no objections. There has not been a response from the Traffic Dept.
The Fire Marshal had recommended 2 fire hydrants, but since there is already one southwest of the development only one is proposed. Sprinklers are not required.
CRERPA had sent a letter dated 4/4/12, but has since retracted it because it was sent out with errors. An email was later sent to the ZEO stating there are no objections. Chairman Friedmann would like a new letter stating CRERPA's opinion with regard to Old Saybrook.
Susan Esty, audience member, stated she applauds the plan for more affordable housing in Old Saybrook.
MOTION to continue "Ethan's Landing" Affordable Housing Development Site Plan Review, Pursuant to C.G.S. 8-30g for construction of 15 dwelling units at 120 Spencer Plain Road, (Map 46/Lot 5-2), Residence AA-1 Zoning District to the next regularly scheduled meeting to be held on Monday, May 7, 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 C. Sohl; VOTING IN FAVOR: R. Friedmann, J. Talbott, C. Sohl, E. Steffen; OPPOSED: None; ABSTAINING: None;
APPROVED: 4-0-0.
B. Petition to amend the Old Saybrook Zoning Regulations as follows: ~To permit undertaker’s establishments in the B-1, B-2, B-3 & B-4 Districts (Sections 31.2.9, 32.2.3, 33.2.5 & 34.2.7); Exempt the elevation for an existing structure for compliance with the Flood Plain Management Ordinance from Coastal Site Plan Review (Section 59.2.9); To Amend the definition of story to exclude areas below the base flood elevation from being classified as a basement or story when located within Special Flood Hazard Area (Section 9); Remove ~the five year maximum for Daycare Special Exception Permits (Section 53); To Remove the mandatory referral of all Special Exception Applications to the Planning Commission (Section 52.4); To add new language , as suggested by Legal
Counsel, to address recent changes to the CGS relating to bonding. ~To adopt a policy for bonding and sureties which will not be included in the regulations (Section 51.8); To change the existing text for permitted uses so that the text is consistent in every District that the same use is allowed (Sections 21.2.1, 22.2.1, 21.2.4, 22.2.4; 23.2.5,24.2.5, 25.2.3, 21.2.16, 23.2.14, 24.2.15, 25.2.12, 41.1.18, and 41.1.2); To correct the title of Section 68.1.2.B.8 to include “minor” accessory structure.
Petitioner: Old Saybrook Zoning Commission
The public hearing was opened. No one from the audience chose to speak on this matter. Responses were received from the Planning Commission and Marcy Balint/DEEP, and there were no objections. No response was received from the Harbor Management Commission from a letter sent on 2/24/12. The ZEO went through the text changes, some of which are routine housekeeping to clean up the wording of the regulations.
MOTION to close public hearing on the text changes to the Zoning Regulations presented tonight; MADE: by E. Steffen; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, J. Talbott, C. Sohl, E. Steffen, R. Richards; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to Adopt proposed amendments to the Zoning Regulations to the text revised 3/7/12 as follows: To permit undertaker’s establishments in the B-1, B-2, B-3 & B-4 Districts (Sections 31.2.9, 32.2.3, 33.2.5 & 34.2.7); Exempt the elevation for an existing structure for compliance with the Flood Plain Management Ordinance from Coastal Site Plan Review (Section 59.2.9); To Amend the definition of story to exclude areas below the base flood elevation from being classified as a basement or story when located within Special Flood Hazard Area (Section 9); Remove ~the five year maximum for Daycare Special Exception Permits (Section 53); To Remove the mandatory referral of all Special Exception Applications to the Planning Commission (Section 52.4); To add new language , as suggested by
Legal Counsel, to address recent changes to the CGS relating to bonding. ~To adopt a policy for bonding and sureties which will not be included in the regulations (Section 51.8); To change the existing text for permitted uses so that the text is consistent in every District that the same use is allowed (Sections 21.2.1, 22.2.1, 21.2.4, 22.2.4; 23.2.5,24.2.5, 25.2.3, 21.2.16, 23.2.14, 24.2.15, 25.2.12, 41.1.18, and 41.1.2); To correct the title of Section 68.1.2.B.8 to include “minor” accessory structure. Petitioner: ~Old Saybrook Zoning Commission; MADE: by E. Steffen; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, J. Talbott, C. Sohl, E. Steffen, R. Richards; OPPOSED: None; ABSTAINING: None;
APPROVED: 5-0-0.
V. OUTDOOR SEATING RENEWALS
The ZEO tabled this discussion to the next regularly scheduled meeting on May 7th.
VI. WORKSHOP
Sign Regulations: The ZEO proposed some ideas that would make it easier for the public to read the regulations on signs. The Commission gave input on ideas and the ZEO will present draft text for consideration at a later date. M essages on electronic signs were discussed and the consensus was to allow a message change every 10 minutes instead of 15 minutes. The ZEO asked about allowing 16 sq. ft. signs in residential areas so that beach associations and other gr oups can post information required by insurance companies. If more sign area were allowed, he would rather see a smaller sign at the road and a larger one set back on the property that is not
visible from the road.
Window signs were discussed and it was thought that it should be allowable to cover 25% of the window with signage in certain districts. The possibility of excluding removable slats in total sign calculations was also discussed as a way for businesses to be able to change messages on a sign, such as daily specials.
VII. COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
The ZEO reported on the following:
S & S Marine, 128 Essex Rd. – Atty. Eric Branse wrote a letter, dated 4/9/12, to Scott Sundholm, owner of S & S Marine, stating he was in violation of zoning regulations and that the Commission would be pursuing legal action. Mr. Sundholm emailed a response stating that he would like to change his business use to office/retail/workshop with inside storage of equipment and no boat storage on the property. He proposed a deadline of 6/15/12 or sooner to remove the existing boats. The Commission wants that deadline moved to 6/1/12 and does not want to see any of the boats returned to the site. Mr. Sundholm also needs to apply for a site plan review if he wants to have retail business.
The Castle, 12 Billows Rd. – The owner has amended the floor plan to reduce the number of bedrooms from nine to eight and possibly will not be putting on the proposed building additions. The Commission decided that they did not need to see an application for a modification to the Special Exception approval since the use is less intense then what was approved and the application can be handled administratively.
Chairman Friedmann reported on a forum that he attended, put on by CT's Young Professionals. He described a plan in Bristol, CT by Renaissance LLC for a development of smaller living quarters designed for young professionals.
VIII. ADJOURNMENT
MOTION to adjourn the meeting at 10:15 p.m. to the next regularly scheduled meeting to be held on Monday, May 7, 2012 at the Old Saybrook Town Hall, 1st floor conference room, 302 Main Street at 7:00 p.m.: MADE: by C. Sohl; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, J. Talbott, C. Sohl, E. Steffen, R. Richards; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Respectfully submitted,
Susan Graham
Administrative Clerk
Amendments to the Old Saybrook Zoning Regulations
Adopted at the April, 16, 2012 Zoning Commission Meeting, Effective May 1, 2012
Petitioner: Old Saybrook Zoning Commission
New text is underlined
Removed text is in strikethrough
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Add: Undertaker’s Establishments as Special Exception Uses in the B-1, B-2, B-3 & B-4 Zoning Districts
Section 31.2.9 “Undertaker’s Establishments”
Section 32.2.3 “Undertaker’s Establishments”
Section 33.2.5 “Undertaker’s Establishments”
Section 34.2.7 “Undertaker’s Establishments”
Exempt the elevation of an existing structure for compliance with the Flood Plain Management Ordinance from Coastal Site Plan Review.
59.2.9~ Elevation of a residential structure located in a Special Flood Hazard Area above the base flood elevation to bring the structure in compliance with the Flood Plain Management Ordinance of the Town of Old Saybrook when the structure is located 100 feet or more from the following coastal resource areas, tidal wetlands, high tide line, coastal bluffs and escarpments and beaches and dunes.
Amend the definition of story to exclude areas below the base flood elevation from being classified as a basement or story when located within Special Flood Hazard Area.
Story. That portion of a building between the surface of any floor and the surface of the
floor or ceiling next above. A basement is not a story, except when the surface of the floor above it is either:
1. More than four feet (4’) above the average existing, natural grade at the perimeter of the proposed building; or
2. More than four feet (4’) above the finish grade for more than fifty percent (50%) of the total building perimeter; or
3. More than nine feet (9’) above the finished grade at any point. See definition of Story, Half (1/2), for when an attic is considered a story.
Exemption: In a Special Flood Hazard Area, the unfinished enclosed area below the base flood elevation constructed of flood resistant materials and designed for entry and exit of flood waters will not be considered a story even if the surface of the floor above it is more than four feet (4’).
For the purposes of calculating gross floor area, any area that is not considered a story will not be included in the calculation of gross floor area.
Delete the five year maximum for Daycare Special Exception Permits.
Daycare. Daycare will conform to the following special standards:
A. The use will be limited to daytime group care of six (6) or more unrelated children or adults outside their homes including the providers’ relatives for compensation on a regular basis not exceeding twelve (12) hours in a twenty-four (24) hour period.
B. In residence districts, the Special Exception use will be granted for a limited period
not to exceed five (5) years.
Remove the mandatory referral of all Special Exception Applications to the Planning Commission.
52.4 Procedure
Upon receipt, the Land Use Department will transmit the application and accompanying plans and documents to the Commission; and may transmit sufficient copies to any regulatory or advisory body of local, State or Federal government from which the Commission wishes to seek advice and counsel in reaching its decision as staff deems it appropriate. ; and will also transmit sufficient copies to each the Planning Commission and to the Architectural Review Board.
A copy of any site plan and Soil Erosion & Sediment Control Plan may be transmitted by the Land Use Department to the Connecticut River Coastal Conservation District with a request for its technical review and advisory opinion, and for certification; a copy of any Soil Erosion & Sediment Control Plan pertaining to a lot in the Gateway Conservation Zone will be so transmitted to the District for the review and opinion.
Within forty-five (45) days after the receipt of a copy of the application form, plans, and documents, the Planning Commission and the Architectural Review Board may submit advisory reports of its recommendations to the Commission.
The Commission may request the Applicant to submit the additional information that it deems necessary to decide on the application. The Commission will hold a public hearing on the application, will decide, and give notice of its decision as required by law. The Applicant may consent in writing to any extension of the time for public hearing and action on the application.
Add new language as suggested by Legal Counsel to address recent changes to the Connecticut General Statutes relating to bonding. The Commission will then adopt a policy for bonding and sureties which will not be included in the Zoning Regulations.
51.8 Posting a Bond
The Commission may require as a condition of Site Plan approval that the Applicant post
a bond or other surety to assure conformance with all proposed improvements (excluding
buildings) shown on the approved site plan. The bond will be in a form, amount, and duration acceptable to the Commission and its legal counsel and will conform to the Policy for sureties adopted by the Commission. The bond will be in a form, amount, and duration acceptable to the Commission and its legal counsel. Should the site developer be unable to complete the required site improvements, the bond will be used by the Town to complete work necessary for protection of public health, safety, and welfare. A separate bond may be required for installation of sedimentation and erosion controls, landscaping or other separate aspects of site plan development.
HOUSEKEEPING
Change the existing text for uses permitted uses so that the text is consistent in every District that the same use is allowed:
Sections 21.2.1, 22.2.1
“Conversion of dwelling to contain two (2) dwelling units”
Sections 21.2.4, 22.2.4, 23.2.5, 24.2.5, 25.2.3
“Convalescent home, private hospital or sanitarium”
Sections 21.2.16, 23.2.14, 24.2.15, 25.2.12, 41.1.18
“Accessory use, customary with and incidental to any previously mentioned Special Exception use, except where specifically prohibited”
Section 41.1.2 Business or professional office establishment.
Correct the title of Section 68.1.2B8
*8. Minor Accessory structure in residence districts.
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