REGULAR MEETING MINUTES
Monday, September, 17, 2012 – 7:00 p.m.
Town Hall, 302 Main Street
1st~floor conference room
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~~~~~~~~~~~~~~~~~~~
Elizabeth D. Steffen, Alternate Member, seated for M. Fish
Geraldine M. Lewis, Secretary~~~~~~~~~~~~~~~~~~~
John T. Talbott, Regular Member~~~~~~~~~~~~~~~~~
Attendant Staff
Christina Costa, ZEO
Meryl Tsagronis, Administrative Clerk
Three members of the audience were present.
III. ~~~REGULAR BUSINESS
Commission members made the following changes to the minutes:
p. 5. IV .c: change “they” to “it”: ‘originally calls for removal of a triple maple tree, but “it” will remain’
p. 7. IV E. change “electric” to “electric service”: ‘There will be electric service and an outdoor spigot.’
p. 7. VI. 1. Correct spelling of “restaurant”
p. 7. VI. 1. Change “in to” to “into”: ‘Porky Pete’s will be moving into’
p. 3. V.A. last paragraph: amend to state that Mr. Talbot agreed with Mr. Friedmann’s suggestion regarding commercial space
MOTION~to approve the minutes from the August 20, 2012 Regular Meeting, as amended;~MADE: by R. Friedmann;~SECONDED: by G. Lewis;~VOTING IN FAVOR:~R. Friedmann, G. Lewis, J. Talbott;~OPPOSED:~None;~ABSTAINING: None;~APPROVED:~4-0-0.
B. CORRESPONDENCE
Miss Eleanor La Place of Old Saybrook spoke before the Commission to register a complaint about the noise level and disturbance emitting from parties at Island Cove Marina, and mentioned a particularly loud occurrence evening of September 8, 2012. She stated that this is a public health issue, that the disturbance is affecting her quality of life. The Police are stating the noise is a Zoning matter and beseeched the Commission to take action. Chairman Friedmann stated he would work with the Zoning Enforcement Officer on a possible resolution and contact Jon Manfort, the marina owner. Miss La Place agreed that some level of noise would be acceptable but not the vibrations.
MOTION~to pay Branse, Willis & Knapp invoice #30905 ($132.00) and invoice # 30906 ($214.50), for a total of $346.50;~MADE: by E. Steffen;~SECONDED:~by G. Lewis; VOTING IN FAVOR:~R. Friedmann, E. Steffen, G. Lewis, J. Talbott;~OPPOSED:~None;~ABSTAINING:~None; APPROVED:~4-0-0.
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MOTION~to pay Nathan L. Jacobson & Assoc. invoices #76557 ($183.38), #76556 ($336.19), #76555 ($427.88), #76554 ($30.56), #76553 ($144.25), and #76552 ($409.96), for a total of $1532.22;~MADE: by J. Talbott;~SECONDED:~by E. Steffen;~VOTING IN FAVOR:~R. Friedmann, E. Steffen, G. Lewis, J. Talbott;~OPPOSED:~None;~ABSTAINING:~None; APPROVED:~4-0-0.
A. “1250 Boston Post Road LLC” Cease & Desist for Prohibited Sign
1250 Boston Post Road (Map 28/Lot 13-3)
Restricted Business B-3 District, Pedestrian Node
Agent: Susanna M. Thomas Family Trust, Owner
The Zoning Enforcement Officer updated the Commission that a Cease & Desist Order was issued in 2011, appealed to the Zoning Board of Appeals and the Order was upheld to remove the A-frame sign. Since that time the signs have appeared regularly on the property. Attorney Knapp sent Dr. Thomas a letter stating that the Zoning Commission scheduled an agenda item for this evening to discuss litigation. Dr. Thomas responded in a letter that she would not be able to attend the meeting and the sign would be removed. Attorney Knapp responded on behalf of the Commission that if the sign appears again that the Commission would pursue legal action.
B. “Hunter’s Ambulance” Special Exception for Ambulance Facility Use – 7,100 s.f.
309 Boston Post Road (Map 42/Lot 14-1) Gateway Bus. B-4 District, Pedestrian Node
Applicant: Hunter’s Ambulance Service, Inc., Owner Agent: Diane Tran, P.E.
Dianne Sargalzki & Mr. Adam Fox were present on behalf of Hunters Ambulance. Mr. Fox distributed a memorandum addressing comments from Nathan L. Jacobson & Associates.
Mr. Fox reiterated there will be no refueling, nor servicing of vehicles at this location.
The Commission discussed the Inland Wetlands & Watercourses Commission’s (IWWC) recommendation that guide rails and a storm water management basin are not to be installed due to disturbance it would cause within 100 feet of wetlands. The Commission discussed this decision and Mr. Friedmann recommended wheel stops of 6” instead of the proposed 5” height. Mr. Fox agreed to look into it.
The applicant requested a waiver of the regulation to install sidewalks to the front of the building. The Commission agreed to waive the requirement for sidewalk installation from street to front of building, due to the business nature of the area and the expectation that pedestrians will not be walking to this facility.
Ms. Sargalski offered that the owners are looking to postpone the sidewalks along the street, that the expense does not make sense at this time, but would consider it in the future. The Chairman noted that the applicant has offered to install sidewalks when the Commission deems it useful, but will not make it a requirement at this time.
The Chairman asked for clarification in the southwest corner to be sure there is no proposed structure nor overhang. Mr. Fox agreed there is not.
Clarification is also requested the wording of “break room” on the plans and that it not be called a “bunk room”.
The Chairman agreed to accept the IWWC’s recommendation not to include a drainage trench due to its location within the 100 foot buffer of wetlands.
The applicant agreed to return at the next meeting with the following amendments to the application:
- Remove the pavement in the northwest corner of the parking and add vegetation.
- Plant street trees and a tree in the interior parking lot island.
- Relocate the handicapped parking space to the east to meet the Town Engineer’s comments.
- Install a sidewalk along the front of the property when sidewalks on adjacent properties are installed.
- Relocate the dumpster out of the 100’ IWWC upland review area.
- Correct the plans so that the scales on sheet #1 & sheet #2 are consistent.
- Add s.f. of buildings and landscaping on the plans and update the table on the plans accordingly
- Plans should show two man holes
- Correct errors on the floor plans
- Amend the statement of use to state that sidewalks will be installed in the future and that the underground storage tank is being removed
- Request a written waiver to request that sidewalks are not be installed from the building to the street
MOTION~to continue public hearing for “Hunter’s Ambulance” to October 1, 2012 at 7 p.m. MADE: by R. Friedmann;~SECONDED:~by E. Steffen; VOTING IN FAVOR:~R. Friedmann, E. Steffen, G. Lewis, J. Talbott;~OPPOSED:~None;~ABSTAINING:~None; APPROVED:~4-0-0.
V. NEW BUSINESS
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A. Adoption of Bonding Policy
Chris Costa stated that bonding regulations were amended in the spring of this year, and that a new policy was to be adopted by the Zoning Commission. Since the adoption of the new regulations, the law has since changed relating to bonds.
The Zoning Enforcement Officer consulted with Attorney Knapp and recommended that a text amendment be made to the bonding regulations rather then amend the regulation again with a new policy. The ZEO distributed text prepared by Attorney Knapp. The Commission reviewed the text and requested that the bonding regulation be adopted the next time a series of Zoning Regulations were going to public hearing.
VI. WORKSHOP
A. Zoning Regulation Amendments
The Zoning Commission reviewed the draft text changes to bonding, casualty clause, site development plans, and temporary certificate of Zoning Compliance Regulations. The Commission was satisfied with this text and recommended that after legal review that these amendments be scheduled for public hearing.
The Commission conducted a lengthy review of the sign regulations and advised the ZEO to prepare a final review prior to public hearing. The ZEO was asked to forward the text to the absent members so that they could prepare and give comments prior to the next workshop.
The Zoning Enforcement Officer asked the Commission if it is necessary to keep the supplemental maps described in Section 5.1 of the Zoning Regulations since the Zoning Map includes these areas and some of the supplemental maps are missing. The Commission requested the ZEO research this matter further and report back to the Commission.
VII. COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
Christina Costa, ZEO reported the following:
Walmart, 665 Boston Post Road – Request for seasonal trailers during the holidays. ZC authorized ZEO to handle administratively.
899/901 Boston Post Road – ZEO will be meeting with the owners of these properties to discuss changes to both properties that violate original site plan approvals.
Liberty Bank ATM, 860 Boston Post Road – ZEO discussed the request for installation of a clearance bar on the property. Vehicle height clearance signs are currently located on the building however vehicles continue to hit the building. ZC authorized ZEO to handle this matter administratively.
VIII. ADJOURNMENT
MOTION to adjourn the meeting at 10:30 p.m. to the next regularly scheduled meeting to be held on Monday, Oct. 1, 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, J. Talbott; OPPOSED: None; ABSTAINING: None; APPROVED: 4-0-0.
Respectfully submitted,
Meryl Tsagronis
Administrative Clerk
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