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Zoning Commission Minutes 05/21/2012
REGULAR MEETING MINUTES
Monday, May 21, 2012 at 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                                       
Robert C. Friedmann, Chairman                   
Charles E. Sohl, Regular Member                 
John T. Talbott, Regular Member                 
Elizabeth D. Steffen, Alternate Member, seated for M. Fish

Absent Members                
Madeleine B. Fish, Vice Chairman  
Geraldine M. Lewis, Secretary
Thomas C. Farnham, 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 amended minutes, as presented, from the May 7, 2012 Regular Meeting; MADE: by J. Talbott; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, C. Sohl, J. Talbott, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 4-0-0.

B.      CORRESPONDENCE
                
MOTION to pay Nathan L. Jacobson & Assoc. invoices #75726 ($152.81), #75727 ($183.38), #75736 ($61.13), #75737 ($204.58) and #75738 ($122.25) for a total of $724.15; MADE: by E. Steffen; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, C. Sohl, J. Talbott, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 4-0-0.

IV.     PUBLIC HEARING
        
A.      “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 on this matter was closed at the last regular meeting on May 7, 2012. Attorney Cassella and Joe Wren were present on behalf of the applicant.
        
        Chairman Friedmann, Mr. Talbott, Mr. Sohl and Ms. Steffen stated that they had been present at all of the previous meetings and were adequately prepared and qualified to vote on this issue.

        An approval from the Health District was received. Staff also received revised plans from the applicant, which were to the satisfaction of the Town engineer, Jacobson & Associates, as stated in letter dated 5/21/12. The remaining items in question are to be handled by the DOT for approval. The encroachment to the east is not deemed an issue. Accurate as-built plans for utilities are required.

        Chairman Friedmann was satisfied with the drawings showing the height of the mounds in the island and the height of the fence around the retention basin. He reiterated that the parking spaces are to be ADA compliant.

        The Inland Wetlands & Watercourses Commission approved the plan through delegated authority given to the IW enforcement officer.

        Chairman Friedmann was satisfied that the concerns of the neighboring property owners on Spencer Plain Road were addressed properly. The site line is determined to be a DOT matter. The Commission agreed that the property has adequate septic capacity, water service and drainage for the number of units proposed.

        The ZEO spoke with Attorney Knapp regarding the "Resolution for Approval With Modifications of the Application for Ethan's Landing Site Plan" and supplied a draft revised 5/17/12. Item "D" was added on page 4 at the meeting to require handicapped parking as mandated by building code and ADA compliance. A revised copy is to be attached to the minutes.

        Ms. Lewis joined the meeting at 7:20 p.m. Chairman Friedmann updated her on the meeting thus far. She stated that she had listened to the taped recordings of previous meetings and was prepared and qualified to vote. This increased the number voting to five members.

MOTION to adopt Resolution for Approval With Modifications of the Application for "Ethan's Landing" Site Plan, 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; dated May 21, 2012, amended at the regular meeting of May 21, 2012, to include item "D", subject to the letter dated May 21, 2012 from Jacobson & Associates; MADE: by R. Friedmann; SECONDED: by E. Steffen; No discussion; VOTING IN FAVOR: R. Friedmann, J. Talbott, C. Sohl, E. Steffen, G. Lewis; OPPOSED: None; ABSTAINING: None; APPROVED:  5-0-0.

Ms. Fish arrived at the meeting at 7:30 p.m.

V.      WORKSHOP: “Sign Regulations” Section 64, reformatting existing sign regulations.

The ZEO reviewed a preliminary rough draft of the sign regulations. She explained that there is repetition and overlap in the current wording and would like to streamline the section to make it easier for the public to utilize. The Commission gave input to ideas for the draft. The ZEO said that Attorney Branse advised a separate section for billboards to minimize legal issues. She asked for comments and suggestions from the Commission be emailed to her to incorporate into regulations to be reviewed again at the next regular meeting on June 4th.

Susan Esty was present at the meeting and inquired about the use of numbered markers, corresponding to a map, to be applied at various locations on a Walking Tour of Old Saybrook. She said there is also interest in having mile markers along the common loops around town used by runners and walkers.
        

VI.     COMMITTEE, REPRESENTATIVE AND STAFF REPORTS

The ZEO reported the following:

"Honora Pearls", which has an office/storage/quality control space on Research Parkway, is interested in moving into the former Boaters World location at 899 Boston Post Road. They would use half of the 12,000 sq. ft. building for storage, 4500 sq. ft. for office/quality control and 1500 sq. ft. for retail use. There will be 8-10 employees. The last review of the building was done in 2005. The Commission would like to see the application for a preliminary discussion with floor plans, site plan elevations, and space allocation and see that the use is less non-conforming than previously used.

Dr. Morant, 1358 Boston Post Road - Dr. Morant is in the process of installing sidewalks along Boston Post Road, but has run into major expense due to the proximity of the road to the sidewalk and the need for traffic control. The Commission determined that, since it is a tight spot, as long as the sidewalk is level he is allowed to move it back away from the road and curve it, if necessary, and that this could be handled administratively.

Saybrook Point Marina Apartments, at College & Bridge Streets - There are currently 3 condo buildings with 8 units each, totaling 24 units. They would like to use 12 units as hotel suites. The Commission found this to be a modification to Special Exception use and would require an application.

Chairman Friedmann reported that he and Ms. Steffen attended the NIMBY Symposium at the Lyceum in Hartford.

Mr. Talbott reported that the Natural Hazard Mitigation Committee is winding down.

Gravel pit inspections will take place before the next regular meeting on June 4th, starting at 6:00 p.m. at the Town Hall with the order of inspections as follows:~ Dibble, Piontkowski & Hull.


VII.    ADJOURNMENT

MOTION to adjourn the meeting at 9:07 p.m. to the next regularly scheduled meeting to be held on Monday, June 4, 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 E. Steffen; VOTING IN FAVOR: R. Friedmann, J. Talbott, C. Sohl, M. Fish, G. Lewis; OPPOSED: None; ABSTAINING: None; APPROVED:  5-0-0.



Respectfully submitted,


Susan Graham
Administrative Clerk

RESOLUTION FOR APPROVAL WITH MODIFICATIONS
OF THE APPLICATION FOR “ETHANS LANDING” SITE PLAN
Adopted at the May 21, 2012 Meeting of the Old Saybrook Zoning Commission

CZC #12-022, 15 dwelling units, including affordable units
Applicant: George Bessoni
120 Spencer Plain Road
Assessor’s Map 46 / Lot 5-2
Residence AA-1 District


WHEREAS, the Old Saybrook Zoning Commission (“Commission”) received at its Regular Meeting of April 2, 2012, from George Bessoni(“Applicant”) an Application for Approval of a Site Plan for affordable housing (Connecticut General Statutes § 8-30g).

The Site Plan and accompanying mapping, survey, utility and parking plans have been revised through May 7, 2012.  The accompanying Affordability Plan, as amended through May 7, 2012, describes a proposed affordable housing common interest community, in the Town of Old Saybrook and in the Town of Westbrook.  Fifteen (15) units are proposed, of which 8 of the units are located in Westbrook and 7 in Old Saybrook including 2 units in Old Saybrook and 3 in Westbrook, which will qualify as affordable.  

WHEREAS, the Commission received revisions to the Application materials and plans, as depicted and described by the public record of the administrative proceedings of the Application;

WHEREAS, the Zoning Regulations of the Town of Old Saybrook, Connecticut and Title 8, Chapter 124 of the Connecticut General Statutes authorizes the Commission to act upon an Application;

WHEREAS, the Commission held Public Hearings on the Application on April 2, 2012, April 16, 2012 and May 7, 2012;

WHEREAS, the Commission deliberated the matter on May 21, 2012.

WHEREAS, the Commission is aware of the Town of Old Saybrook’s shortage of affordable housing and its obligations to fulfill the objectives embodied by Connecticut General Statutes § 8-30g, as well as the requirements imposed by that statute.

WHEREAS, during such public hearings, the Commission conferred with and received information from the Applicant and/or representatives and the public, and the Commission received technical and legal review from its staff, from additional consultants engaged pursuant to Town Code #118 (formerly Ordinance 71), and from other agencies and officials, and the Commission had the opportunity to ask questions and evaluate the Application at duly noticed Public Hearings and public meetings

MOTION TO APPROVE THE APPLICATION FOR
“ETHANS LANDING” SITE PLAN

CZC #12-022, 15 dwelling units, including affordable units
Applicant: George Bessoni
120 Spencer Plain Road
Assessor’s Map 46 / Lot 5-2
Residence AA-1 District

The Zoning Commission of the Town of Old Saybrook (the “Commission”) makes the following findings based on the record before it:

  •         The Commission has received a site plan that is substantially complete, and includes material and information required by the Commission under these Regulations to reach the findings contained herein.  Any remaining information required will be included as conditions of this approval.  (Section 51.5.1)
  •         Subject to the conditions of approval set forth below, the proposed Site Plan is in general conformance with the Town Plan of Development, in that the location of the proposal is suitable for this type of development. (Section 51.5.3)
  •         The proposed buildings, structures, uses, equipment and materials are readily accessible for fire, police and emergency medical services, and are protected against hazards from fire, flood and other hazards to public safety.  (Section 51.5.4)
  •         Subject to the conditions of approval set forth below, all proposed traffic access ways do not create traffic hazards and are adequate in width, grade, alignment and visibility; and that the capacity of adjacent and feeder streets is adequate to accommodate peak and average traffic volume.  (Sections 51.5.5 and 52.6.3)
  •         Subject to the conditions of approval set forth below, the Application contains adequate off-street parking and loading spaces, and the interior circulation system is adequately designed and marked to provide safe and convenient movement for both vehicles and pedestrians through the parking area and to all uses, structures and parking spaces. (Section 51.5.6)
  •         The landscaping and screening of the site complies with the intent and purpose of the Regulations.  (Section 51.5.7)
  •         The glare from the installation of outdoor lighting is shielded from the view of adjacent property and public streets, keeping with the character of the surrounding area.  (Section 51.5.8)
        All utility systems are suitably located and adequately designed to serve the proposed uses, and when properly installed, to protect the property from adverse air, water or land pollution, and to preserve and enhance the environmental quality of the surrounding neighborhood and that of the Town. (Section 51.5.9)

  •         The location, size, scale and overall architectural character of the proposed uses, buildings and structures, as well as the nature and intensity of operations involved in or conducted therein will be in general harmony with the character of the surrounding neighborhood and consistent with the recommendations of the Architectural Review Board and Planning Commission and will not be detrimental to the appropriate and orderly development or use of any adjacent land, building or structure.  (Sections 51.5.11, 52.6.1, 52.6.5 and 8.23)
  •         Water supply is adequate for the proposed uses and structures subject to the conditions of approval set forth below, sewage disposal will comply with all applicable codes, rules and regulations.  (Section 51.6.5 (A)(1))
  •         The Fire Marshal has been solicited for his comments, and the comments, dated March 26, 2012, were received and made part of the record by the Commission.  (Sections 51.6.5 (A)(2) and 52.6.2)
  •         The Applicant has provided a mapped and written description of all of the storm drainage measures prepared by a professional engineer licensed in the State of Connecticut.  This report has been reviewed by Nathan L. Jacobson and Associates, the Commission’s consulting engineer and the Commission is satisfied that all of Geoffrey Jacobson’s comments have been addressed satisfactorily or can be addressed adequately by the conditions of approval contained herein.  (Section 51.6.5 (A)(4))
  •         The Commission has received a positive referral on the application from the Planning Commission dated March 12, 2012.
  •         The Applicant has submitted an application to the State Department of Transportation for the requirements requested by the Commission and set forth in the Conditions of Approval below.
        The Applicant has obtained approval from the Old Saybrook Inland Wetlands & Watercourses Commission. (Section 51.4.6).

  •         The Applicant is in the process of obtaining permits from the Town of Westbrook Planning, Zoning and Inland Wetlands & Watercourses Commissions. (Section 51.4.6).
Specifically based on the findings set forth above, the Commission APPROVES this application subject to the following conditions, each of which are integral to the Commission’s decision to approve the Application:

A.      All legal documents and the affordability plan will be finalized to the satisfaction of Branse Willis & Knapp prior to being filed with the Zoning Enforcement Officer or on the Land Records.

B.      Applicant will incorporate the recommendations made by the Commission’s consulting engineer, Jacobson & Associates, dated May 21, 2012 including:

        4d.     The applicant will provide the Zoning Enforcement Officer with a written approval from the DOT for improvements proposed within the State right of way.

4f.     The applicant will provide an As-Built Survey to Class A-2 Standards in hard copy and in electronic pdf format including utilities and CT State Plane coordinates, NAD83, at the property corners.

C.      A landscaping bond and soil erosion and sedimentation control bond will be set by the Town Engineer and provided to the Zoning Enforcement Officer.

D.      All handicapped parking spaces will be designed in accordance with ADA and Building Code requirements and provided to the Zoning Enforcement Officer.

These conditions of approval will be satisfied prior to the issuance of a Certificate of Zoning Compliance by the Zoning Enforcement Officer.
        


Dated at Old Saybrook, Connecticut, this 21st day of May 2012.

                                                OLD SAYBROOK
                                                ZONING COMMISSION


                                                                                                                    
                                                By:
                                                       Robert Friedmann, Chairman