REGULAR MEETING MINUTES
Monday, October 15, 2012 – 7:00 p.m.
Town Hall, 302 Main Street
1st~floor conference room
I. ~~~~~~~CALL TO ORDER
II. ~~~~~~ ROLL CALL
Attendant Members~~~ Absent
Robert Friedmann, Chairman~~~~~~~~ Charles Sohl
Geraldine M. Lewis, Secretary Madge Fish
John T. Talbott, Regular Member~~~~~~~~~~~~~~~~
Thomas C. Farnham, Alternate Member~
Robert E. Richards, Alternate Member
Elizabeth D. Steffen, Alternate Member
Elizabeth Steffen was seated for Madge Fish and Tom Farnham was seated for Charles Sohl.
Attendant Staff
Christina Costa, ZEO
Stella Beaudoin, Administrative Clerk
Three members of the audience were present.
III. ~~~~~REGULAR BUSINESS
The following change was noted to the October 1, 2012 Minutes:
First paragraph of last page: “They are looking to relocate the decks and will try to keep the new location of the decks outside of the setbacks; to be changed to: “The Zoning Commission has authorized Christine Costa, Zoning Enforcement Officer to administratively handle a minor modification to the 8-30G Approval with regard to a deck at the Ethan’s Landing Affordable Housing Development, located at 120 Spencer Plains Road (Map 46 / Lot 5-2) to allow one deck within the setback if there was no other suitable location for the deck.
MOTION~to approve the minutes from the October 1, 2012 Regular Meeting as amended;~MADE: by E. Steffen;~SECONDED: by T. Farnham;~VOTING IN FAVOR:~E. Steffen, G. Lewis, J. Talbott;~T. Farnham; OPPOSED: None; ABSTAINING: R. Friedmann;~APPROVED: 4/0/1.
Christina Costa, ZEO stated that the Housewares Thrift Store located at 835 Boston Post Road has been issued two cease and desist orders and the tenant was advised to remove the signs, the outside sales area and the furniture which is obstructing sidewalks and parking. The tenant has been gradually cleaning up the site. An unsigned letter commenting on this property which was dated September 24, 2012 was received and given all due consideration by the Zoning Commission.
C. Bills:
Branse, Willis & Knapp, LLC Invoice #31120 in the amount of $231.00 and the Branse, Willis & Knapp, LLC Invoice #31121 in the amount of $181.50 for a total of $412.40.
MOTION~to approve the Branse, Willis & Knapp, LLC Invoice #31120 in the amount of $231.00; Branse, Willis & Knapp, LLC Invoice #31121 in the amount of $181.50 for a total of $412.40;~MADE: by R. Friedmann;~SECONDED: by G. Lewis;~VOTING IN FAVOR:~R. Friedmann, E. Steffen, G. Lewis, J. Talbott and~T. Farnham; OPPOSED: None; ABSTAINING: None;~APPROVED: 5/0/0.
IV.~~~~~ DISCUSSION
- Frank Andrews Mobile Kitchen
Frank Andrews presented. Mr. Andrews stated that he operates a local business based out of Clinton, CT which is comprised of a mobile food cart and wood fired oven. Mr. Andrews stated that he is seeking a food permit with a seasonal permit to work in conjunction with a business in town.
Mr. Friedman stated that a permit for a mobile food business is approved through the office of the First Selectman. However, if the proposed business is a fixture on a plot of land, it is considered a zoning issue and the zoning regulations must be met with regard to use on the land. The business becomes a take out restaurant if it is fixed in one place which would make it an accessory use to an indoor restaurant which adds to the number of requisite parking spaces and if there is outdoor seating, the accessory use then impacts the existing restaurant and their seating. The mobile food court must not impact parking and must comply with the setbacks.
Mr. Andrews stated that he will consider the information received at this meeting.
- Atlantic Seafood Food Cart
There was no one available to present on behalf of the 1400 Boston Post Road application.
V.~~~~~~PUBLIC HEARINGS
A. ~~Petition to Amend the Old Saybrook Zoning Regulations, Section 32.2, to permit, by Special Exception, the sale, repair, servicing, and storage of boats, including retail sale of marine equipment, in the B-2 Zone when within 850 feet of a Marine Commercial (MC) District. Petitioner: S&S Marine LLC, Agent: ~Matthew J. Hoberman
Chairman Friedmann opened the Public Hearing
Tom Farnham stepped down and Rob Richards was seated for this application.
Attorney Matthew Hoberman, Rome McGuigan, PC presented on behalf of the applicant. Mr. Hoberman stated that he is seeking a modification to the zoning regulations in the B-2 zone when within 850 feet of a Marine Commercial District to allow the sale, repair, servicing and storage of boats. The applicant, S&S Marine, LLC currently occupies 128 Essex Road and is in violation of the Old Saybrook Zoning Regulations. Mr. Hoberman stated that this zone change would open up the opportunity for visitors and the residents of Old Saybrook to use the resource of the CT River and the LI Sound. Mr. Hoberman noted that there are five other properties comprised in this B-2 zone. Mr. Hoberman stated that a portion of the building will be used as an office
Christina Costa, ZEO noted the receipt of referrals with favorable responses from the Planning Commission dated October 4, 2012 and from the CT River Gateway Commission on September 28, 2012. A response from Branse, Willis & Knapp, LLC dated September 20, 2012 who stated concerns with this application
Mr. Friedman commented on page 2 of Branse, Willis & Knapp letter regarding the repair of boats. Mr. Friedmann stated that the regulations on storage of trailers and boats would apply to this B-2 district and must be in compliance with the setback regulations.
Ms. Steffen commented on spot zoning.
Mr. Friedmann asked Ms. Costa to comment on the regulatory impact on zoning enforcement activities with regard to such a modification to the text.
Ms. Costa noted that the proposed text change affects all of the properties in the B-2 zone within 850 feet of the MC District. Ms. Costa spoke with Attorney Branse and stated that the applicant may be another vehicle to write a legal regulation that will not violate the uniformity rule.
Mr. Friedmann stated for the record that in this area of town, the B-2 District was a subject of an earlier application to change the zone of at least one lot to Marine Commercial which was denied.
At this time Mr. Friedmann opened the discussion to the audience.
Scott Sunholm owner of S&S Marine stated that this property which is visible from Route 9 was abandoned for many years and as such, it was in a state of disrepair. Mr. Sunholm has made great strides in cleaning up the property at 128 Essex Road. Mr. Sunholm stated that the next door property was Ocean Performance until 1966 and from 1988 to 2004 the marine dealer that previously owned this property was Free Spirit Marine. Mr. Sunholm stated that this business is situated on a small nonconforming lot with minimal potential for other uses.
Mr. Hoberman stated that he has no objection to keeping the Public Hearing open to the next regularly scheduled meeting on November 5, 2012.
MOTION~to continue the Public Hearing to the November 5, 2012 Zoning Commission meeting at 7pm in the 1st floor conference room of the Old Saybrook Town Hall, 302 Main Street to Amend the Old Saybrook Zoning Regulations, Section 32.2, to permit by Special Exception, the sale, repair, servicing and storage of boats, including retail sale of marine equipment in the B-2 Zone when within 850 feet of a Marine Commercial (MC) District. Petitioner S&S Marine LLC, Agent: Matthew J. Hoberman: MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, E. Steffen, J. Talbott and R. Richards; OPPOSED: None ABSTAINING: None;~APPROVED: 5/0/0.
B. ~~~~~~ Application for Special Exception Use for 1,860 s.f. Boat Repair Business,
~~~~~~~~~~ 128 Essex Road, Map 59, Lot 7, CT River Gateway Conservation Zone, CAM,
~~~~~~~~~ B-2 District. ~Applicant: ~S&S Marine, LLC, Agent: ~Matthew J. Hoberman
Tom Farnham stepped down and Rob Richards was seated for this application.
Christina Costa, ZEO noted the receipt of referrals with favorable responses from the Planning Commission dated October 3, 2012; from the Architectural Review Board, from the CT River Gateway Commission dated September 28, 2012. Also received was a letter from Geoffrey L Jacobson, P.E. dated October 15, 2012. A report from the Fire Marshal stating no objection to this proposal along with a letter from Don Lucas, Building Official in which Mr. Lucas states concerns with regard to handicap parking and wheelchair accessibility.
Mr. Friedmann commented on the statement of use related to boats stored in the northwest corner of property. Attorney Hoberman will revise the text in the statement of use to reflect parking which will be in the northeast corner of the property.
Mr. Friedmann commented on the plans with the revision date of August 21, 2012 with regard to the zoning data table and questioned the existing minimal lot area. Attorney Hoberman stated that he can revise the site plans if necessary and will mark it as preexisting, nonconforming.
Mr. Friedmann noted that as per the application, a portion of the building is proposed to be used as an office. The Commission requires an interior layout floor plan of the existing building which reflects what is allocated for office space, which determines the allocation of how many parking spaces are required. Mr. Friedmann stated that the square footage is required to ascertain coverage, landscaping, gross floor, etc.
Mr. Friedmann stated that with regard to the storage trailer on the eastern end of the existing building, the location is in zoning violation of storage trailers on properties. Mr. Friedmann questioned if that will be removed or relocated on the site. Mr. Friedmann further noted that when you have trailers or boats outside the building, the regulations require that they be screened.
Attorney Hoberman stated that he will change the wording on the map in the location of the existing storage trailer so that the language states proposed relocation. Attorney Hoberman indicated that there is proposed boat storage onsite for up to eight boats which will be partially screened from the public and the adjoining property. The screening will consist of a four-foot high vinyl fence with a rolling gate, landscaping and buffer plantings. Attorney Hoberman stated that the replanting of the perimeter buffers is difficult due to the topography of the lot and on the western portion of the property there is an entire row of hedge. Attorney Hoberman indicated that there is proposed landscaping along the roadway. The curb cut will be rearranged by removing that curb making it easier for
ingress and egress from that one side. Attorney Hoberman will provide the Commission with an updated site plan for office space to make sure it complies with the parking requirements.
Mr. Friedmann suggested a six-foot fence. Mr. Friedmann stated that the arborvitae hedge row is on the adjacent owner’s property.
Ms. Steffen commented on the October 15th Jacobson letter in which Mr. Jacobson stated that the handicap parking space must conform to the required dimensional standards for van accessible space.
It was noted that as per the Geoffrey Jacobson letter, according to section 62.3.4 you must show a loading space or request a waiver. Mr. Friedmann stated that this site does not require a loading space and he will request a waiver for the same. Regarding a perimeter buffer waiver, Commissioners agreed that the requirements in the regulations could be waived providing the applicant complies with the landscaping as proposed in their site plan. The applicant is in agreement and stated that he would be willing to install sidewalks in the future.
Ms. Steffen asked that the applicant follow the recommendation in the Jacobson letter and install a protective block in front of the building.
As per the memorandum from Don Lucas, building official dated September 12, 2012 the applicant is to insure an appropriate sloped area in front of the walkway to allow for wheel chair access into the facility.
MOTION~to continue the public hearing for Special Exception Use for 1,860 s.f. Boat Repair Business, 128 Essex Road, Map 59, Lot 7, CT River Gateway Conservation Zone, CAM, B-2 District to the November 5, 2012 Zoning Commission meeting at 7pm in the 1st floor conference room of the Old Saybrook Town Hall, 302 Main Street. Applicant: ~S&S Marine, LLC, ~~MADE: by R. Friedmann; SECONDED:~by G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, E. Steffen, J. Talbott and Rob Richards; OPPOSED: None; ABSTAINING: None;~APPROVED:~5/0/0.
VI. COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
Christina Costa, ZEO gave a brief report on progress with the drafting of new zoning regulations for signs and bonding.
A Special Town Meeting will be conducted on Tuesday, October 23, 2012 at 7:0 p.m. in the auditorium of the Old Saybrook Middle School for FEMA Flood Map Adoption.
VII ADJOURNMENT
MOTION~to adjourn the meeting at 8:50 p.m. to the next regularly scheduled meeting to be held on Monday, November 5, 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:~E. Steffen, G. Lewis, R. Friedmann, T. Farnham and J. Talbott OPPOSED:~None;~ABSTAINING: None;~APPROVED:~5/0/0.
Respectfully submitted,
Stella Beaudoin
Administrative Clerk
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