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Zoning CommissionAMENDED Minutes 11/19/2012
REGULAR MEETING MINUTES
Monday, November 19, 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                   Charles E. Sohl, Regular Member
Geraldine M. Lewis, Secretary                   Thomas Farnham, Alternate
Madge Fish, Regular Member                      Robert E. Richards, Alternate
John T. Talbott, Regular Member
Elizabeth D. Steffen, Alternate seated for Charles Sohl


Attendant Staff
Christine Costa, Zoning Enforcement Officer
Stella Beaudoin, Administrative Clerk
Mark Branse, Esq., legal council to the Commission.  

There were four members of the audience present.

III.    REGULAR BUSINESS

A.      MINUTES

        
MOTION to approve the Minutes from the November 5, 2012 Regular Meeting, as presented; MADE: by R. Friedmann; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish; OPPOSED: None; ABSTAINING: G. Lewis and E. Steffen; APPROVED: 3-0-2.

  • CORRESPONDENCE
MOTION to pay Nathan L. Jacobson & Assoc. invoices #76726 ($122.25) and #76727 ($1029.93) for a total of $1152.18; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, J. Talbott, G. Lewis, M. Fish and E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

MOTION to pay Branse, Willis & Knapp Invoices #31269 ($115.00) and #31265 ($1782.50) for a total of $1897.50; MADE: by E. Steffen; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, J. Talbott, G. Lewis, M. Fish and E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.


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

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.  

Elizabeth Steffen 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.

Geraldine Lewis 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.

The discussion at the 11/5/2012 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 distributed a revised application which reflects changes on the revision based on the uniformity rule. The revised petition shows more clearly where the applicant proposes his business in the B-2 zone.

Mr. Hoberman stated that the uniformity issue is avoided because of the prescribed conditions as made a part of this application and this text. Mr. Hoberman stated that this application addresses the originally proposed and previously discussed, six parcels.  The impact of this proposed regulation does not exceed what was originally discussed and does not impact any other parcel owners that would have been otherwise affected by the proposed regulation.  

Mr. Friedmann stated that the impact on the B-2 district would be to permit sales repair or the servicing of boats including the retail sale of marine equipment, providing the lot has frontage.   Prohibited activities in the B-2 district as per section 32.3.2, include a Motor Vehicle Service Station which must have a 4-acre minimum lot size and 400 feet of depth from the right-of-way.  

Mr. Hoberman stated that the proposed text change is limited to a special exception.  Noting that none of those lots fall under the category of a Motor Vehicle Service Station.  Mr. Hoberman stated that it is up to the Planning Commission to decide if it is appropriate for that type of use.  Mr. Hoberman stated that he is not proposing to change the zone, however we are asking for the one parcel to be utilized for this special exception purpose.  

Attorney Branse stated that Commissioners should consider that there are areas within this B2 Zone that are suitable for a marine repair use business.

Members discussed approval of this application based on this evening’s defined boundaries which is greatly preferred over the previous attempt to accomplish the  same.  It was noted that this defined boundary makes it much clearer as to which B2 properties are captured. The regulation adds to the list permitted by special exception, servicing of boats and repair including sales of retail equipment and the regulation text proposed has a maximum number of boats which will not exceed eight.  

  Mr. Friedmann stated that the applicant has presented in the revised application, a location that is better defined which is Essex Road, also known as State Route 154.  Referrals have been received from the Planning Commission, CRERPA and DEEP and all support the application in terms of it being consistent with their policies and goals.  

 Madge Fish stated that this is a tremendous service for the boating industry in the area.  

The following responses were entered into the record:
  • Torrance Downes, Planner - CT River Gateway Commission;
  • Marcia Balint, DEEP Office of Long Island Sound Programs;  
  • The Planning Commission with a recommendation for approval.
Mr. Friedmann stated that the input received from referrals is consistent with their goals and policies.

Mr. Friedmann asked if anyone wished to speak in favor or in opposition to this application. No one from the public spoke.  

MOTION to close the Public Hearing on the 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);  MADE: by G. Lewis; SECONDED: by M. Fish; No discussion; VOTING IN FAVOR: R. Friedmann, J. Talbott, G. Lewis, M. Fish and E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

MOTION to approve the petition for text  Old Saybrook zoning regulations, section 32.10 and 32.11 to permit sale, repair and storage of boats by special exception revised through November 19, 2012 regarding of “Application for Special Exception Use for 1,860 s.f. Boat Repair Business”, 128 Essex Road, Map 59, Lot 7; The basis for approval is the well defined boundaries and the proposal is in keeping with development within that section of town; there are no changes within the B2 district except the addition of special exception uses and this proposal has received favorable referrals; The text change is   to be adopted by the zoning regulations and the change is to take effect on December 10, 2012;  MADE: by R. Friedmann; SECONDED: by G. Lewis; No discussion; VOTING IN FAVOR: R. Friedmann, G. Lewis, E. Steffen, M. Fish; OPPOSED: J. Talbott; ABSTAINING: None; APPROVED:  4-1-0.

MOTION to set the effective date for Section 32.10 and 32.11 for December 10, 2012 MADE: by R. Friedmann; SECONDED: by G. Lewis; No discussion; VOTING IN FAVOR: R. Friedmann, J. Talbott, E. Steffen, G. Lewis; M. Fish; 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    

Mr. Hoberman submitted the updated site plans for this application.  Mr. Hoberman outlined the six changes to the site plan and noted his request for a waiver for the loading space requirement.  

        Mr. Friedmann stated that this is an application to define interior uses which impact the parking calculation.  The most recent site plan layout for the building reflect revisions through 10/23/2012.  

        Mr. Friedmann noted that there is an existing pole with light on the east corner of the property, however any existing lighting is shown on the site plan with no new proposed lighting.  Mr. Friedmann stated that as a condition to a special exception application, that all lighting be shielded from crossing the property line.  Mr. Friedmann stated that in the northwest corner of the building the lighting should be shielded downward so that the source of the light shall not be visible from the property line. The pole must be shielded so that the light does not to cross the property line. There is a six-foot vinyl rolling fence which covers the outside storage. This is suitable height to conceal the boats and vegetation provides a visual shield. The 8’ x 40’ storage trailer will be relocated so that it will be entirely on the property.  Mr. Friedmann noted that the handicap spaces are now in compliance.

The following referral responses were entered into the record:
CT River Gateway Commission with a favorable approval;
The Office of Fire Marshal stating no concerns;
The Office of the Building Official addressed issues with handicap spaces.  
Jeff Jacobson’s October 15, 2012 letter;
Marcy Balint, CT DEEP Office of the Long Island Sound Programs;
The Planning Commission recommending approval as this proposal is consistent with the Plan of Conservation and Development;
CT River Health District also lends its support to this application.

Mr. Hoberman stated that the Architectural Review Board recommended approval of the proposed signage and lighting to the Zoning Commission.  Mr. Hoberman stated that no additional signs are proposed on the building

Mr. Friedmann asked if anyone wished to speak in favor or in opposition to this application.  No one from the public spoke.

MOTION to close the Public Hearing on Application for Special Exception Use for 1,860 s.f. Boat Repair Business, 128 Essex Road, Map 59, Lot 7, MADE: by R. Friedmann; SECONDED: by E. Steffen; No discussion; VOTING IN FAVOR: R. Friedmann, J. Talbott, G. Lewis, M. Fish and E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.


MOTION to approve the Application for Special Exception Use for 1,860 s.f. Boat Repair Business, 128 Essex Road, Map 59, Lot 7, with the following: 1) No exterior changes to the building; 2) No additional signs are approved other than the pylon sign; 3) Pylon sign panels may be updated in accordance with recommendations of the Architectural Review Board and the Zoning Commission; 4) Pylon sign will be placed on a timer to shut off no later than one hour after the close of business; 5) Exterior pole and building lighting will be shielded with full cut off fixtures to avoid light trespass over property lines; 6) A street number will be placed in accordance with the Town Code; 7) No outdoor speakers are permitted; 8) Power washing of boats is not permitted; 9) The application is approved based on plans prepared by Angus McDonald & Gary Sharpe Associates revised to October 23, 2012 and hand drawn floor plans submitted and dated by the applicant on November 19, 2012; 10) This Special Exception Permit is not effective until December 11, 2012 (Text Amendment allowing this use is effective December 10, 2012. The Coastal Management Application is approved as submitted as it is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts. MADE: by R. Friedmann; SECONDED: by G. Lewis; No discussion; VOTING IN FAVOR: R. Friedmann, J. Talbott, G. Lewis; M. Fish; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
        

          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        

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 distributed revised plans.  Mr. White stated that with regard to the statement of use, it was previously discussed to revise the potential uses proposed for the property to reference specific sections.  Mr. White stated that he submitted the waiver request for the loading dock.  Mr. White went through the corrections on the site plan.

The Zoning Enforcement Officer read the referral responses from the file into the record.

Mr. Friedmann asked if anyone wished to speak in favor or in opposition. No one from the public spoke.

MOTION to close the public hearing 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; MADE: by G. Lewis; SECONDED: by R. Friedmann; No discussion; VOTING IN FAVOR:  R. Friedmann, J. Talbott, G. Lewis;  M. Fish, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED:  5-0-0.

MOTION to approve 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 with the following conditions: 1) The Commission reserves the right to exercise its authority to require a new special exception permit as changes of use occur; 2) The pre-existing, non-conforming pylon sign frame may be used in the same location provided the new sign is no larger than the existing frame.  Internal illumination for the building and pole sign if proposed must be placed on a timer to shut no later than one hour after the close of business. The Architectural Review Board must review any new signs proposed; 4) The bituminous curb along the north and eastern property lines will be continuous with the rear of the one-story building and will be constructed in a manner to prevent vehicles from travelling behind the building;       5) The area north of the bituminous curb will be seeded and restored to landscaping area; MADE: by R. Friedmann; SECONDED: by G. Lewis; No discussion; VOTING IN FAVOR: R. Friedmann, J. Talbott, G. Lewis, M. Fish, E Steffen; OPPOSED: None; ABSTAINING: None; APPROVED:  5-0-0.

  • COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
John Talbott reported that the Natural Hazards Mitigation committee has finished the work and a report will be forwarded to Planning Commission.

The Zoning Enforcement Officer reported that George Bessoni Sr. passed away today and staff has been working to reassign the permit and bonding for Ethan’s Landing 8-30g development, Spencer Road to Ethan’s Landing, LLC.  The Zoning Commission authorized the ZEO to handle administratively.  The Commission expressed their condolences and shared fond permitting memories of Mr. Bessoni.

The ZEO discussed a request from Standard Door to utilize the same special exception approval from Coastline Motor Sports to relocate to the former Stanley Motors site at 360 Boston Post Road.  The Commission determined a new application for Special Exception Use will be required.  

      VIII.   ADJOURNMENT

MOTION to adjourn the meeting at 9:15 p.m. to the next regularly scheduled meeting to be held on Monday, December 3, 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: R. Friedmann, J. Talbott, M. Fish, G. Lewis, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED:  5-0-0.

Respectfully submitted,

Stella Beaudoin
Administrative Clerk