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Zoning Commission Minutes 08/20/2012
REGULAR MEETING MINUTES
Monday, Aug. 20th, 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 7:05 p.m.

II.     ROLL CALL

Attendant Members                                       
Robert C. Friedmann, Chairman                   Thomas C. Farnham, Alternate Member
Madeleine B. Fish, Vice Chairman                        Elizabeth D. Steffen, Alternate Member
Geraldine M. Lewis, Secretary                   Robert E. Richards, Alternate Member
John T. Talbott, Regular Member                 
Charles E. Sohl, Regular Member

Attendant Staff
Christine Costa, ZEO
Susan Graham, Administrative Clerk

Twelve members of the audience were present.

III.    REGULAR BUSINESS

A.      MINUTES

        Chairman Friedmann made the following changes to the minutes of July 16, 2012:
        On Page 3, Motion to Approve Saybrook Point Marina Special Exception Permit, Condition #1 should continue with "and 'No Parking Fire Lane' is to be painted in each of the fire lanes on the pavement in the stripes".

        On Page 5, Motion to Approve Animal Hospital of Old Saybrook Special Exception Permit, Condition #4 should have the word "island" inserted after "landscape".
MOTION to approve the minutes from the July 16, 2012 Regular Meeting, as amended; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

B.      CORRESPONDENCE  

MOTION to pay Branse, Willis, and Knapp invoice #30727 ($49.50); MADE: by G. Lewis; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
        
                
MOTION to pay Nathan L. Jacobson & Assoc. invoices #76395 ($315.53), #76398 ($302.50), #76397 ($183.38), #76396 ($61.13) and #76410 ($61.13) for a total of $923.67; MADE: by G. Lewis; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

                ZEO Costa requested that agenda item V. (Discussion item A) be moved to this point in           the meeting.

MOTION to move agenda item V. (Discussion) before agenda item IV. (Public Hearings); MADE: by M. Fish; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

V.      DISCUSSION

A.      Proposed amendment to the Old Saybrook Zoning Regulations to permit multi-      family housing and proposed 186 unit multi-family housing development.
        North Main Street, (Map 39/Lot 9 and Map 40/Lot 6-1)
        Owner:  Jandim Realty Co.                Potential Purchaser:  Eastpointe, LLC

        Al Zeedance, Bill Finger and Bryan Robik from Eastpointe, LLC were present to discuss potential plans for a 186-unit multi-family housing development covering two parcels on N. Main Street in a B-2 Business District. Mr. Zeedance displayed drawings of the proposed Transit-Oriented Development (TOD). The first parcel is bordered by WalMart to the west, the cemetery, train station and a gas station. The second parcel currently is the location of Knights Inn and is mainly surrounded by the first parcel. There were discussions with the Town and DOT for potential use of 2.5 acres along the northern border for roughly 200 parking spaces for train commuters.

        Chairman Friedmann mentioned that dwellings are prohibited in the B-2 Business District, the height restrictions are exceeded in the proposal, and a professional appraiser had previously recommended a maximum of 168 units if an affordable housing development were built. A shopping center had also been approved on the site, but the application has since expired.

        First Selectman Carl Fortuna said he would prefer development of the parcels rather than the DOT using eminent domain to build a parking lot. Elennor LaPlace commented that she would like to see the land used for more business development. Mr. Talbott suggested commercial space on the ground level with housing above.

IV.     PUBLIC HEARINGS

A.      “Old Saybrook High School” Application for a Minor Modification to SPEX Permit
Add 30’ x 55’ and 30’ x 30’ storage buildings.                        
            1111 Boston Post Road, (Map 28/Lot 14),
Residence A Zoning District; Coastal Area Management Zone.              
        Applicant:  Town of Old Saybrook                        Agent:  Julie Pendleton

        Public hearing was opened. Ms. Pendleton was present to discuss plans for 2 storage buildings on the High School property. The first is a 30' x 55' steel building on concrete slab, with garage doors and an access door, and is to be located adjacent to the rear parking lot on Donnelly Road. It will house equipment for sports, Drama, Science and Tech. Ed. The existing trailers are to be removed and 12 parking spaces will be freed up. There will be electric installed.

        The second building is 30' x 30' and will abut the school near the tennis courts to extend the Automotive shop for small engine repair. It will be insulated and have plumbing and electric and have access from the main building.

        Julie Pendleton provided the Commission with a request for a waiver of a revised A-2 survey and architectural plans.   The Commission granted this waiver.

        The audience was invited to comment, but no one spoke.

MOTION to close public hearing for “Old Saybrook High School” Application for a Minor   Modification to SPEX Permit to Add 30’ x 55’ and 30’ x 30’ storage buildings. 1111 Boston Post Road, (Map 28/Lot 14), Residence A Zoning District; Coastal Area Management Zone. Applicant:  Town of Old Saybrook, Agent:  Julie Pendleton;  MADE: by M. Fish; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

MOTION to APPROVE “Old Saybrook High School” Application for a Minor Modification to SPEX Permit to Add 30’ x 55’ and 30’ x 30’ storage buildings.                       1111 Boston Post Road, (Map 28/Lot 14), Residence A Zoning District; Coastal Area Management Zone. Applicant:  Town of Old Saybrook, Agent:  Julie Pendleton, as it is consistent with Coastal Area Management policy and includes all reasonable measures to mitigate adverse impact, with the following conditions: (1) Provide an amended Statement of Use for Bldg. 2 to clarify all proposed uses of 30' x30' building attached to/ accessible from the public High School, (2.) Slab for Bldg. 1 to be moved at least 18" away from edge of blacktop to allow for installation of stone to catch runoff. No gutters required. ; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

B.      “Old Saybrook Town Garage” Application for a Modification to a Special Exception Permit Construct a 6,000 s.f. garage building.                       
497 Middlesex Turnpike, (Map 57/Lot 31),
Business B-3 Zoning District; Aquifer Protection Zone
Applicant:  Town of Old Saybrook                                Agent:  Geoff Jacobson, P.E.

Geoff Jacobson was present to describe the new 6000 s.f. building proposed on the 18 acre Town parcel on Route 154 and NE of Bokum Road. It houses the recycling center, Public Works dog pound and the Exchange Club pond/park. There are wetlands on the property. The purpose of the building is to store Town vehicles inside for protection and servicing.

The building is to be attached to the existing pole-type structure with some of it being removed. The fuel will be relocated to another area. There are to be three bays on each the front and back. No floor drains are to be installed. Variances have been obtained for the size. Shielded wallpacks will be mounted on the exterior and manually operated as needed. Bins will be constructed along the front edge of the property to store loose materials. There will be adequate parking spaces for employees and visitors, and include an ADA accessible space, as well as visitor parking for the dog pound.

Larry Bonin, Director of Public Works, was present to clarify that the improvement was deemed a "Best Management Practice" per letter from Sandy Prisloe, Inland Wetlands Enforcement Officer, dated 7/18/12. Normally modification to a public works facility is a regulated activity. Referral responses were received from the Planning Commission, ARB, ZBA and Health District. No audience members spoke on the matter.

MOTION to close public hearing “Old Saybrook Town Garage” Application for a Modification to a Special Exception Permit Construct a 6,000 s.f. garage building. 497 Middlesex Turnpike, (Map 57/Lot 31), Business B-3 Zoning District; Aquifer Protection Zone, Applicant:  Town of Old Saybrook , Agent:  Geoff Jacobson, P.E.;  MADE: by M. Fish; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.





MOTION to APPROVE “Old Saybrook Town Garage” Application for a Modification to a Special Exception Permit Construct a 6,000 s.f. garage building. 497 Middlesex Turnpike, (Map 57/Lot 31), Business B-3 Zoning District; Aquifer Protection Zone, Applicant:  Town of Old Saybrook , Agent:  Geoff Jacobson, P.E.;  MADE: by G. Lewis; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

C.      “30 Saltus Drive” Application for Special Exception Permit
Demo residence and construct a new 5,782 s.f. residence.                       
30 Saltus Drive, (Map 49/Lot 4),
Residence A Zoning District; CT River Gateway Conservation Zone; Coastal Area Management Zone
Applicant:  John & Martine Ozycz                                Agent:  David Royston, Esq.

The public hearing was opened. Attorney David Royston spoke on behalf of the potential buyers of the waterfront property. The existing home is located within the 100' riparian buffer and partially in the 50' tidal wetlands setback. The applicants would like to remove the home and rebuild a 5782 s.f. residence away from the tidal wetland area and would exceed FEMA regulations. Variances have been obtained from the ZBA. The septic will be upgraded and the existing shed moved adjacent to pool area. Noise from pool pumps will not carry to neighboring properties. There are cutting restrictions for trees on the property. The Landscape Plan dated 4/17/12 originally calls for removal of a triple maple tree, but they will remain, as will the quadruple maple at the other end (N) of the house. The existing driveway will be left intact until construction is complete to act as a tracking pad for soil. Japanese Knotwood is present on the property and considered an invasive plant. Eradication attempts will be made.

There were no audience members present to speak on the matter.

        MOTION to close public hearing “30 Saltus Drive” Application for Special Exception Permit Demo residence and construct a new 5,782 s.f. residence. 30 Saltus Drive, (Map 49/Lot 4), Residence A Zoning District; CT River Gateway Conservation Zone; Coastal Area Management Zone, Applicant:  John & Martine Ozycz Agent:  David Royston, Esq.;  MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

MOTION to APPROVE “30 Saltus Drive” Application for Special Exception Permit Demo residence and construct a new 5,782 s.f. residence. 30 Saltus Drive, (Map 49/Lot 4), Residence A Zoning District; CT River Gateway Conservation Zone; Coastal Area Management Zone, Applicant:  John & Martine Ozycz Agent:  David Royston, Esq., as it is consistent with Coastal Area Management policy and includes all reasonable measures to mitigate adverse impact, with the following condition: Japanese Knotwood removal will be an ongoing effort;  MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.



D.      “180 Ferry Road” Application for Special Exception Permit/Coastal Site Plan Review
Construct a 684 s.f. indoor swimming pool enclosure.                       
180 Ferry Road, (Map 45/Lot 26),
Marine Commercial Zoning District; CT River Gateway Conservation Zone; Coastal Area Management Zone
Applicant/Agent:  William Lee

The public hearing was opened. David Annino, Land Surveyor, presented plans for the construction of a swimming pool enclosure made from aluminum and glass. The color and design match the front of the house. The property is located in the riparian buffer. The enclosure would increase the structure from 3740 s.f to 4267 s.f and meets setback and coverage requirements. There would not be much change in the view from the CT River. There were no negative referral responses. No one in the audience spoke on the matter.

       MOTION to close public hearing “180 Ferry Road” Application for Special Exception Permit/Coastal Site Plan Review Construct a 684 s.f. indoor swimming pool enclosure. 180 Ferry Road, (Map 45/Lot 26), Marine Commercial Zoning District; CT River Gateway Conservation Zone; Coastal Area Management Zone, Applicant/Agent:  William Lee;  MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

MOTION to APPROVE “180 Ferry Road” Application for Special Exception Permit/Coastal Site Plan Review Construct a 684 s.f. indoor swimming pool enclosure. 180 Ferry Road, (Map 45/Lot 26), Marine Commercial Zoning District; CT River Gateway Conservation Zone; Coastal Area Management Zone, Applicant/Agent:  William Lee, as it is consistent with Coastal Area Management policy and includes all reasonable measures to mitigate adverse impact;  MADE: by G. Lewis; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Sohl, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.


E.      “Thouin” Application for Special Exception Permit/Coastal Site Plan Review Construct a 660 s.f. barn/carriage house and a 684 s.f. pool.                       
96 North Cove Road, (Map 32/Lot 66),
Residence AA-2 Zoning District; CT River Gateway Conservation Zone; Coastal Area Management Zone; North Cove Historic District
Applicant:  Diane & Andre Thouin        Agent: Anthony Brodeur, North Cove Construction.

Mr. Talbott and Ms. Fish recused themselves. Mr. Richards was seated for Mr. Talbott and Mr. Farnham was seated for Ms. Fish. The public hearing was opened.

Anthony Brodeur and Mr. Thouin were present. Mr. Brodeur described a 2-1/2 bay traditional post and beam storage barn to be constructed of wood with an apron of Belgian block. The concrete slab will be 22' x 30' and the barn will have a 1' overhang on the front. There will be electric and an outdoor spigot. No drains are to be installed. The Commission asked that the site plan be updated to show the extra one-foot overhang in the dimensions. There will be a separate 8' x 10' concrete pad for pool equipment. No noise will carry over the property line from pool pumps. An 18' x 38' in-ground swimming pool with a 4' stone apron is proposed on the application, although it may or may not be built. The Commission asked that the surrounding apron also be shown on a site plan. A picket fence is also proposed. There were no members of the audience to speak on the matter.

MOTION to close public hearing “Thouin” Application for Special Exception Permit/Coastal Site Plan Review Construct a 660 s.f. barn/carriage house and a 684 s.f. pool. 96 North Cove Road, (Map 32/Lot 66), Residence AA-2 Zoning District; CT River Gateway Conservation Zone; Coastal Area Management Zone; North Cove Historic District, Applicant:  Diane & Andre Thouin, Agent: Anthony Brodeur, North Cove Construction;  MADE: by G. Lewis; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, G. Lewis, C. Sohl, T. Farnham, R. Richards; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

MOTION to APPROVE “Thouin” Application for Special Exception Permit/Coastal Site Plan Review Construct a 660 s.f. barn/carriage house and a 684 s.f. pool. 96 North Cove Road, (Map 32/Lot 66), Residence AA-2 Zoning District; CT River Gateway Conservation Zone; Coastal Area Management Zone; North Cove Historic District, Applicant:  Diane & Andre Thouin, Agent: Anthony Brodeur, North Cove Construction, as it is consistent with Coastal Area Management policy and includes all reasonable measures to mitigate adverse impact, with the following condition: updated site plan to be submitted showing overhang in barn dimensions and apron around pool; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, C. Sohl, T. Farnham, R. Richards; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.


VI.     COMMITTEE, REPRESENTATIVE AND STAFF REPORTS

        The ZEO reported on the following:

1.      Porky Pete's Restaurant - 910 Boston Post Road.  Porky Pete's will be moving in to the ice cream section at Johnny Ads. The Commission determined that this is a minor modification to a Special Exception Use and can be handled administratively by the ZEO.

2.      WalMart - 665 Boston Post Road. The store would like to have the hours extended 2 times per year for 24 hour operation on Thanksgiving Day and Black Friday for 2012 and in the future.   The Commission has previously permitted this on an annual renewal request and had no objection to allow the extended hours on an annual basis as a modification to the Statement of Use so that the Applicant would not have to apply for an extension of hours each year.

3.      Robert J. Dibble Co. - 1565 Boston Post Road.  The owner is planning to rebuild/repair the building and add a 24' x 55' addition. The ZEO is to handle this administratively as a Minor Modification to Special Exception Use.

        Mr. Sohl left the meeting at 9:25 and Ms. Steffen was seated for him.

4.      Old Saybrook Village Senior Housing- Sheffield Street. The Senior Housing Authority purchased a house on Sheffield Street adjacent to the existing Saybrook Village senior housing complex.  The house is slated for demolition and an application will be made to the Zoning Commission to add new housing units to the senior housing development.  Saybrook Village is in the process of obtaining funding and during the interim period would like to add gravel adjacent to existing driveway as temporary parking until the new development plans are approved.  

5.      Old Saybrook Historical Society would like to place informational plaques at some historic homes in Old Saybrook.


MOTION to amend agenda to add item to release $1200.00 SE/SC Bond for Shirley Mislick, 65 Willard Ave. (M24/L1-1, 1-2) CSP #99-191; MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, G. Lewis, E. Steffen, T. Farnham, R. Richards; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

VII.    BOND RELEASE

MOTION to release $1200.00 SE/SC Bond for Shirley Mislick, 65 Willard Ave. (M24/L1-1, 1-2) CSP #99-191; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, E. Steffen, T. Farnham, R. Richards; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

The ZEO informed the Commission that a 1991 performance bond relating to the original permitting for the Old Saybrook Diner is still being held.  The improvements are complete however the ZEO is researching who the funds belong to.

MOTION to allow ZEO authority to release bond to rightful owner when found for Old Saybrook Diner, 809 Boston Post Road; MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, G. Lewis, E. Steffen, T. Farnham, R. Richards; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

VIII.   ADJOURNMENT

MOTION to adjourn the meeting at 9:50 p.m. to the next regularly scheduled meeting to be held on Monday, Sept. 4, 2012 at the Old Saybrook Town Hall, 1st 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, E. Steffen, T. Farnham, R. Richards; OPPOSED: None; ABSTAINING: None; APPROVED:  5-0-0.

Respectfully submitted,


Susan Graham
Administrative Clerk