REGULAR MEETING MINUTES
Monday, December 17, 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 7:00 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert C. Friedmann, Chairman Geraldine M. Lewis, Secretary
Charles E. Sohl, Regular Member Robert Richards, Alternate
Madge Fish, Regular Member
John T. Talbott, Regular Member
Elizabeth Steffen, Alternate Member
Thomas C. Farnham, Jr., Alternate Member, seated for Geraldine Lewis
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Mark Branse, Esq., Legal Council to the Commission
Stella Beaudoin, Administrative Clerk
There were twelve members of the audience present.
III. REGULAR BUSINESS
A. MINUTES
MOTION to approve the Minutes from the December 3, 2012 Regular Meeting, as presented; MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, C. Sohl, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
B. CORRESPONDENCE
None
IV. PUBLIC HEARINGS
A. Application for special exception Permit by Tractor Supply Company for a 19,097 s.f. retail sales building and a 15,000 s.f. outdoor sales area, 401 Middlesex Tpke., Map 52 Lot 96, B-4 District, Aquifer Protection Area:
Applicant: NERP Holding & Acquisitions, LLC, Agent: James P. Cassidy, P.E.
Postpone opening of Public Hearing at the request of the applicant
V. DISCUSSION
Request from Zoning Enforcement officer for assistance in interpreting Zoning Regulations regarding 65 Bokum Road, Map 57, Lot 9 and other locations where mulch from Hurricane Sandy debris is being deposited.
Commission members Madge Fish, Robert Friedmann, John Talbott and Thomas Farnham visited 65 Bokum Road. Mr. Friedmann stated that there is a large, steaming pile of mulch surrounding the property and there is a question as to whether this is permitted.
Ms. Costa stated that there is a legally nonconforming business on the site as well.
After Storm Sandy, there was an abundance of trees that were cut down and turned to wood chips and mulch. A good deal of that mulch is now situated around the perimeter of the property owned by Michael Evangalesti at 65 Bokum Road.
Mr. Michael Evangalesti stated that there is fence which does demark his property line, and in fact he owns property up to ten feet beyond the fence. Mr. Evangalesti distributed a DEEP handout interpreting the chipping and use of this wood. Mr. Evangelisti stated that he received permission from First Selectman, Carl Fortuna along with the Town Foreman to take the wood chips. Mr. Evangalesti read into the record a brief history surrounding a long-standing dispute with the adjoining neighbors. Mr. Evangalesti presented for the record a letter from the CT River Health District regarding the wood boiler on the adjoining neighbor’s property. Mr. Evangalesti stated that the
14’ mulch pile on his property controls, light, provides a noise barrier, deflects with wind, it is a renewable energy and he feels that it is necessary to maintain his privacy. Mr. Evangalesti stated that he does not intend to sell the mulch and in that sense this is not considered a commercial pile of mulch.
Mr. Friedmann stated that because there is a preexisting, nonconforming construction business on site, the Zoning Commission was concerned that the wood chips were utilized as part of the business operation. Mr. Friedmann stated that there is a repository of wood chips piled up around the existing bank of Evergreen trees which Mr. Evangalesti utilizes as a heat supply for the business.
Mr. Talbott expressed a concern regarding a health hazard that the mulch might present.
Mr. Evangalesti stated that this is clean wood and is comprised of vegetation in a different form.
Mr. Friedmann stated that the mulch does not interfere with the site line, it is not a health and safety issue, it is not a blight issue and the base of the pile is entirely on Mr. Evangalesti’s property line. The wood chips are not to be sold and they will be consumed as heat to support the business.
Attorney Branse stated that per the zoning regulations, Mr. Evangalesti is allowed a fourteen foot wall, however it must meet the setback from the property line. Attorney Branse stated that the testimony presented by Mr. Evangalesti was that the purpose of this mulch pile is for screening and for privacy.
Mr. Friedmann stated that if the mulch pile were to be considered a fence, the section that exceeds six feet and higher must be at least twenty feet from the property line on the sideline setback. Mr. Friedmann stated that the Commission could guide the Zoning Enforcement Officer to say that a structure of materials built up in such a way that it is permanent and where it is more than six feet high, it is regulated and it must be 20 feet form the property line. An application must be made to the Zoning Enforcement Officer by Mr. Evangalesti in order to have the mulch in the existing location as a permitted use. Mr. Friedmann stated that the mulch can be construed to be a fence in terms of privacy and screening.
Ms. Costa asked for clarification as to the parameters of the width, the height and the amount of mulch that is allowed to be placed on a property.
The Commission responded:
- If the structure is more than 6’ high it requires a certificate of zoning compliance;
- The width of the mulch fence will be counted as structure coverage;
- The mulch fence must meet structure setbacks wherever it exceeds 6’ in height;
- The mulch fence is not considered stockpiling or fall under Section 65, excavation and grading, since the purpose is screening, not stockpiling for sale, the mulch is considered a structure.
Attorney Branse stated that Mr. Evangalesti has indicated that the mulch is in place for the purposes of screening and privacy and the pattern in which it is installed lends credence to the fact that it is a fence. The fact that Mr. Evangalesti utilizes the mulch for fuel, has no bearing on the current use as a fence.
Mr. Friedmann stated that other properties would be limited to 99 cubic yards per year, however Mr. Evangalesti is not because of the nonconforming preexisting business on site.
The Commissioners discussed at some length and agreed that Mr. Evangalesti will seek a permit for a fence.
- COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
- Hazard Mitigation John Talbott: No report.
- IWWC Charles Sohl: No report.
- Gateway Commission Madge Fish: No report
- Ms. Costa updated the Commission on future applications.
VII. ADJOURNMENT
MOTION to adjourn the meeting at 8:25 p.m. to the next regularly scheduled meeting to be held on Monday, January 7, 2013 at the Old Saybrook Town Hall, 1st floor Conference Room, 302 Main Street at 7:00 p.m.: MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, C. Sohl, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Respectfully submitted,
Stella Beaudoin
Administrative Clerk
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