REGULAR MEETING MINUTES
Monday, November 5, 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 7:03 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert C. Friedmann, Chairman Elizabeth D. Steffen, Alternate
Charles E. Sohl, Regular Member Geraldine M. Lewis, Secretary
Madge Fish, Regular Member Robert E. Richards, Alternate
John T. Talbott, Regular Member
Thomas C. Farnham, Jr., Alternate Member, seated for Geraldine Lewis
Attendant Staff
Stella Beaudoin, Administrative Clerk
Eric Knapp, Esq., legal council to the Commission.
There were nine members of the audience present.
III. REGULAR BUSINESS
A. MINUTES
The correction to the 10/15/2012Minutes is as follows: Page 5 of 6, 4th paragraph to read: “..this site does not appear to require a loading space and the Zoning Commission grants a waiver for a loading space.”
MOTION to approve the Minutes from the October 15, 2012 Regular Meeting, as amended; MADE: by John Talbott; SECONDED: by Robert Friedmann; VOTING IN FAVOR: R. Friedmann, J. Talbott, T. Farnham; OPPOSED: None; ABSTAINING: Madge Fish; APPROVED: 3-0-1.
B. CORRESPONDENCE
Bob Friedmann attended a Freedom of Information workshop at the Chester meeting house.
IV. DISCUSSION
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
ACTION: Close by 11/5/2012 (NLT 11/18/2012)
The applicant, S & S Marine proposes a text change to the Zoning Regulations Section 32.2 Special Exception Uses. The Public Hearing is scheduled to close this evening.
Madge Fish stated that she listened to the proceedings from the October 15, 2012 Public Hearing. She stated that she feels qualified to participate and deliberate and vote on this matter.
Tom Farnham recused himself from this Public Hearing.
Mr. Friedmann stated that there is a panel of 3 seated at this Hearing for a zoning text regulation. As such, the Commission is able to go forward with the Public Hearing and may either vote this evening or table to the next regularly scheduled meeting.
The discussion at the 10.15.2012 meeting concluded with comments from Attorney Mark Branse stating that this request for text change is in violation of the uniformity clause as it applies to a B2 district. Mr. Friedmann noted for the record correspondence dated November 1, 2012 from Attorney Mark Branse in which he addresses the uniformity clause.
Attorney Matthew Hoberman presented. Mr. Hoberman asked to reserve his right to keep this Public Hearing open. Attorney Hoberman noted that as per Section 92 of the CT CGS which states that when you have a special permit exception in play the uniformity rule takes a different light. Attorney Hoberman distributed copies of sections from the Connecticut Practice, Land Use Law from the West’s Key Number Digest Legal Encyclopedias which was taken the 2011 updated database. Mr. Hoberman referenced the section pertaining to “Roncari use” and stated that he disagrees with Attorney Barnes’s conclusion.
Mr. Hoberman stated that the references provided in Attorney Barnes’s 11/1/2012 letter are from 1995. Attorney Knapp stated that the Roncari case involved parking around the airport. The case involved a new regulation that stated if you had a parking facility in place at the time the regulation was adopted, you would be grandfathered and not bound to limitation. Attorney Knapp noted that special permits should be applicable to the entire zone. Attorneys Branse and Knapp both agree that this is not consistent with section 8-2 of the CT General State Statutes requiring uniformity in the general zone.
Bob Friedmann stated that the proposed text change makes a special exception use possible in a B2 district provided that it is within a certain distance of the Marine Commercial District. At the 10/15/2012 Zoning Commission meeting, the boundaries of the existing Marine Commercial District and the portion of the total B2 area subject to this text proposal are not immutable; they may be changed.
Charles Sohl arrived at the meeting at 7:20 p.m. Mr. Sohl stated that he did not listen to the proceedings from the October 15, 2012 meeting.
Mr. Hoberman stated that if one of the other zones were to change, the property procedure to implement that change would require notice to interested parties. Mr. Hoberman stated that this proposal is structured to have a minimal impact. Attorney Hoberman stated that in the proposed text change the numbers of the sections would be at the Commission’s discretion. The zoning regulations reserve a portion.
Mr. Friedman addressed the issue of uniformity, noting that there are three B2 Districts in town. Mr. Friedmann stated that this matter has to do with the conflict of the uniformity clause applying to portions of the B2 District.
Madge Fish stated that the character and the area of the B-2 District what thrives in that district are marine commercial related occupations. What do not thrive are business offices and stores. Ms. Fish went on to say that this district does not get casual traffic, it gets destination traffic.
Bob Friedmann stated that for the purpose of the text change application this evening there are three commissioners who are up to speed and qualified to deliberate and vote. The Public Hearing date closes this evening. The Commission has the option of keeping open the Public Hearing.
Attorney Knapp stated that the Commission has the option to request of the applicant to keep the Public Hearing open. The other option is to close the Public Hearing tonight then presuming that commissioners will get up to speed and listen to the proceedings of the October 15th Zoning Commission meeting as well as the November 5th meeting which will qualify the members to deliberate and vote.
Mr. Hoberman will submit in writing his request to keep the Public Hearing open to the next meeting on 11/19/2012.
Mr. Friedmann asked if anyone wished to speak in favor or in opposition to this application.
Michael Picard, 141 Saybrook Road spoke in favor of this application. Mr. Picard noted that this business would be consistent with the other businesses in the area.
MOTION to continue the Public Hearing on 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 to November 19, 2012 at 7:00 p.m. in the 1st floor conference room of the Old Saybrook Town Hall, 302 Main Street; MADE: by Bob Friedmann; SECONDED: by Madge Fish; No discussion; VOTING IN FAVOR: R. Friedmann, J. Talbott, Charles Sohl, M. Fish; OPPOSED: None; ABSTAINING: None; APPROVED: 4-0-0.
B. Application for Special Exception Use for 1,860 s.f. Boat Repair Business,
128 Essex Road, Map 59, Lot 7,
Applicant: S&S Marine, LLC Agent: Matthew J. Hoberman
ACTION: Close by 11/5/2012 (NLT 11/18/2012)
Mr. Hoberman submitted the updated site plans for this application. Mr. Hoberman outlined the six changes to the site plan. Mr. Hoberman requested a waiver for the loading space requirement.
Mr. Friedman asked if anyone wished to speak in favor or in opposition.
MOTION to continue the public hearing of “Application for Special Exception Use for 1,860 s.f. Boat Repair Business”, 128 Essex Road, Map 59, Lot 7, to Monday, November 19, 2012 at 7:00 p.m. in the 1st floor conference room of the Old Saybrook Town hall, 302 Main Street; MADE: by R. Friedmann; SECONDED: by Madge Fish; No discussion; VOTING IN FAVOR: : R. Friedmann, J. Talbott, C. Sohl, M. Fish; OPPOSED: None; ABSTAINING: None; APPROVED: 4-0-0.
C.. Application for Special Exception Permit by KAM Realty, Inc to convert a 1,652 s.f. building to possible retail, office or restaurant, 855 Boston Post Road, Map 36/Lot 2, B-2 District, Pedestrian Node
Applicant: KAM Realty Inc. Agent: Matthew White, PE
ACTION: Open PH, Continue or Close by 12/3/2012 (NLT 12/9/2012)
This is an application for Special Exception Permit by KAM Realty, Inc to convert a 1,652 s/f building to possible retail, office or restaurant.
Matthew White presented. Mr. White stated that the building situated at 855 Boston Post Road has been vacant for a number of years and the owner of the building would like to lease the space, however several site improvements must be accomplished before anyone can occupy the space. Mr. White stated that this application is not for a specific use of the building. The applicant will bring the site into conformance which includes re-striping the parking lot and adding landscaping in front of the building. Mr. White also proposes a concrete sidewalk along the frontage and a loading space with the re-striping. Depending on which use occupies the site there is a calculated a 17 parking spaces for a convenience store or 9 parking spaces for an office.
Mr. Friedmann referenced the letter from Geoffrey Jacobson, P.E., dated November 2, 2012 with recommendations and comments. Mr. Friedmann noted that the parking space on the west side of the building does not meet the size requirement. If the Zoning Commission were to waive the requirement for a loading area, there would be seven parking spaces on the northern line of the property with two in the front and on the west side, six spaces for a total of twenty parking spaces.
Mr. White stated that he will refine the site plan.
Mr. White stated that he would like for this site to be in compliance with the zoning regulations so that future tenants will not have to apply for a special exception.
Bob Friedman pointed out that it is the Pedestrian Node that engenders a Special Exception for this site, no matter what the use (Section 32.2.6).
Attorney Knapp suggested that Mr. White create a list of the potential uses/tenants and present it to the Commission
Mr. White addressed the suggestions and comments as made in the November 2, 2012 Geoffrey Jacobson letter and stated that he will comply with those suggestions. Mr. White will move the sidewalk within the right-of-way closer to the pavement of Route 1 so that the sheet flow from the parking lot surface to drain into the existing catch basin into the right-of-way. Mr. White will provide a request for a waiver and additional parking spaces at the November 19, 2012 meeting. Mr. White will refine the statement of use to be as specific as possible.
Letters received:
- Scott Martinson, CT River Area Health District looking for a B100A application prior to final Health District approval dated October 19, 2012.
- Donn Dobson, Fire Marshal stating no concerns with this proposal dated October 11, 2012
- Geoffrey Jacobson, P.E., with recommendations and comments dated November 2, 2012. The parking space on the west side of the building does not meet the size requirement.
MOTION to continue to the consideration of “Application for Special Exception Permit by KAM Realty, Inc to convert a 1,652 s.f. building to possible retail, office or restaurant, 855 Boston Post Road, Map 36/Lot 2, B-2 District, Pedestrian Node, to November 19, 2012 meeting on the 1st floor conference room, Old
Saybrook Town Hall, 302 Main Street; MADE: by B. Friedmann; SECONDED: by M. Fish; No discussion; VOTING IN FAVOR: : R. Friedmann, J. Talbott, T. Farnham, M. Fish, C. Sohl; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
- Application for Special Exception permit by Candeo Group, LLC to
construct a 2nd story addition and a garage to a dwelling in excess of
3,500 s.f. of combined gross floor area. 9 Cedar Lane, Map 16/Lot 65,
Residence AA-2 District, Gateway Conservation Zone, Coastal Area
Management Zone.
Applicant/Owner: Cando Group, LLC Agent: Thomas E. Metcalf, P.E., L.S.
ACTION: Open PH, Continue or Close by 12/3/2012 (NLT 12/9/2012)
This is an application for Special Exception Permit to construct a second story addition and a garage to a dwelling in excess of 3,500 s/f of combined gross floor area.
Tom Metcalf presented on behalf of Cando Group. This two-acre property is subject to the Gateway requirement. The house was built in the 1930’s and as part of the upgrade, the applicant will install a code-compliant septic system. The applicant would like to construct a building addition onto the footprint along with a second story. In the Gateway zone any structure exceeding 3500 s/f requires a special exception. The public health code requires that the applicant must demonstrate the area for a code compliant septic system. The health district has approved the application. The property is a residential permitted use in the zone. Mr. Metcalf stated that there are mature trees on the site and there is no intent to take any of those trees down. The maximum allowable height in the Gateway District is 35 feet and this building height will be 26.5 feet.
Letters received:
- Sonia Marino, R.S., CT River Area Health District approving the B-100a pending installation of the subsurface sewage disposal system dated October 22, 2012.
- J.H. Torrance Downes, CT River Gateway Commission stating proposal consistent with the standards of the Gateway Commission dated October 17, 2012.
- Marcy L. Balint, Long Island Sound Programs, DEEP finds the proposal consistent with the policies of the CCMA dated November 5, 2012.
Mr. Friedmann asked if anyone wished to speak in favor or in opposition.
MOTION to close the public hearing “Application for Special Exception Permit by Candeo Group, LLC to construct 2nd story addition and a garage to a dwelling in excess of 3,500 s/f of combined gross floor area, 9 Cedar Lane, Map 16/Lot 65, Residence AA-2 District, Gateway Conservation Zone, Coastal Area management Zone, Applicant/Owner: Candeo Group, LLC; Agent: Thomas E. Metcalf, P.E., L.S., MADE: by Madge Fish; SECONDED: by Bob Friedmann; No discussion; VOTING IN FAVOR: R. Friedmann, J. Talbott, T. Farnham, M.
Fish, C. Sohl; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve the “Application for Special Exception Permit by Candeo Group, LLC to construct 2nd story addition and a garage to a dwelling in excess of 3,500 s/f of combined gross floor area, 9 Cedar Lane, Map 16/Lot 65, Residence AA-2 District, Gateway Conservation Zone, Coastal Area Management Zone, Agent: Thomas E. Metcalf, P.E., L.S.. The application is to be approved as submitted as it is consistent with applicable coastal policies and includes all reasonable measures to mitigate adverse impacts. MADE: by Bob
Friedmann; SECONDED: by Tom Farnham; No discussion; VOTING IN FAVOR: R. Friedmann, J. Talbott, T. Farnham, C. Sohl, M. Fish; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
- COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
The Natural hazards mitigation committee has finished the work and a report will be forwarded to Planning Commission.
VIII. ADJOURNMENT
MOTION to adjourn the meeting at 8:55 p.m. to the next regularly scheduled meeting to be held on Monday, November 19, 2012 at the Old Saybrook Town Hall, 1st floor conference room, 302 Main Street at 7:00 p.m.: MADE: by Madge Fish; SECONDED: by Friedmann; VOTING IN FAVOR: R. Friedmann, J. Talbott, T. Farnham, M. Fish, C. Sohl; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Respectfully submitted,
Stella Beaudoin
Administrative Clerk
| 
