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Zoning Commission Minutes 02/04/13
REGULAR MEETING MINUTES
Monday, February 4, 2013 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 7:05 p.m.

II.     ROLL CALL

Attendant Members                                       Absent Members                
Robert C. Friedmann, Chairman                   Charles E. Sohl, Regular Member Madge Fish, Vice Chair                          
Geraldine M. Lewis, Secretary   
John T. Talbott, Regular Member
Thomas C. Farnham, Jr., Alternate Member, seated for Charles Sohl
Elizabeth Steffen, Alternate Member
Robert Richards, Alternate

Attendant Staff
Christina Costa, Zoning Enforcement Officer
Stella Beaudoin, Administrative Clerk

There were seven members of the audience present.

III.    REGULAR BUSINESS

  • MINUTES
The following amendments were made to the January 22, 2013 Meeting Minutes:
  • Page 2 under Section C: Election of Secretary:  Notation that John Talbott stepped down from office as Secretary.
  • Page 3, 7th line: “will be sent off site to an outside vendor”.
        
MOTION to approve the Minutes from the January 22, 2013 Regular Meeting, as amended; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, T. Farnham, G. Lewis; OPPOSED: None; ABSTAINING: APPROVED: 5/0/0

  • CORRESPONDENCE – No correspondence
IV.     PUBLIC HEARINGS

          A.   Application for Special Exception Permit by Tractor Supply Co., 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.
              ACTION: Continue public hearing; Close by 2/4/13 (NLT 2/10/13); Deliberate and act.

James Cassidy, Agent, presented on behalf of NERP Holding & Acquisitions.  
Mr. Cassidy stated that revised plans were submitted at the January 22, 2013 meeting. Mr. Cassidy noted that a discussion on reducing the overall number of parking spaces occurred at the January 22, 2013 meeting.  As a result of the discussion on parking, Mr. Cassidy revised the parking space proposal.  

Mr. Cassidy commented on the use of the parking requirement for retail and presented the Commission with two alternatives to the parking proposal.  Mr. Cassidy is proposing 72 parking spaces as part of the site; with the allowed reserve of 20% of the parking spaces this would place 52 spaces into reserve. Mr. Cassidy stated that with this type of proposed use, the additional parking spaces re not needed.  The side yard display area can easily be changed to 30 parking spaces if the use of the building changes.  Mr. Cassidy noted that a portion of this proposal is within the Aquifer Protection Zone which creates a hardship.

Mr. Cassidy commented on the proposed Tractor Supply Company sign which was proposed to be mounted with a white backboard.  Mr. Cassidy has changed the sign to display channel lettering which would allow an increase to the size of the sign.  

Mr. Cassidy provided a letter granting the Zoning Commission an extension of the timeline to close the Public Hearing to March 4, 2013.

Mr. Friedmann stated that the proposed one parking space for 450 s.f. has met what the Commission believes is a suitable requirement.

Mr. Friedmann commented on the signage.  Mr. Friedmann stated that the Commission is considering sign regulation text changes that have not yet been adopted. Among those text changes include the building sign being capped at less than 100 s.f.  Mr. Friedmann noted that there is no history of applying that particular cap in the past.  Mr. Friedmann suggested that the applicant observe the advice of the Architectural Review Board for both the aesthetics factors to include the channel lettering.  

Mr. Friedmann asked for clarification of the height of the fixture on the poles. Mr. Cassidy stated that the height of the fixture will be 14 feet above grade.

Mr. Friedmann stated that a drawing is needed for the record that reflects the calculation of the grade elevation of the combination of pole and fixture, showing that the height will not exceed 14 feet.  

Mr. Friedmann indicated that in the Statement of Use it is noted that the light does shine on the road.  Mr. Friedmann asked that this be amended to reflect that the light does not shine on the road.

Mr. Friedmann commented on the White Pine trees situated along the landscape buffer between the parking spaces and the property line on the southeast corner of the property.  Mr. Cassidy stated that the southeast corner is existing woods.  

Mr. Friedmann asked that Mr. Cassidy clarify the perimeter landscape plantings to reflect that there will be no plantings in the southeast corner.  

Mr. Cassidy stated that there are existing trees along the frontage of the right-of-way and he indicated that he will clean up the scrub and stated that there will be no removal of any of the trees.

Mr. Friedmann confirmed that there are areas of stockpile reflected in the demolition drawings in two places and a tracking pad in the location of demolition.  Mr. Cassidy stated that he will install silt fence prior to demolition.
Mark D’Addabbo, NERP Holding & Acquisitions commented on the site lighting.  
Mr. D’Addabbo stated that he would like to install two additional lights on either side of the entrance of the driveway so as to increase the visibility.  

Ms. Fish noted that there are no neighbors who would be affected by the added entrance lighting.  

Mr. Friedmann stated that the additional lighting must be 10 feet from the right-of-way and that the lighting must be shielded in such a way that only the property is illuminated.  Mr. Friedmann stated that the cut sheet reflects wall packs on the north face of the building which are not shielded.  Mr. Cassidy stated that he will check into this and report back to the Commission.  Mr. Friedmann stated that any exterior lighting will reflect downward.

Ms. Costa noted that the wall packs are proposed so as to eliminate the installation of additional poles on the property.  

Mr. Friedmann stated that the Commission is in need of the engineer’s report for drainage.  

Mr. Cassidy stated that the Commission has agreed to continue this application to the March 4, 2013 meeting pending Jeff Jacobson’s drainage report.


MOTION to continue the Public Hearing on 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 to next meeting on February 19, 2013 at 7pm, Old Saybrook Town Hall, First Floor Conference Room, 302 Main Street; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
        
  • “Hotel Suites in the SP-2 and SP-3 Districts” Petition to Amend the Zoning  Regulations Section 53.1 Special Standards for Specific Uses to reduce parking ratio requirement. Petitioner: Saybrook Pt. Marina, LLC & Rosewood, LLC; Agent: David M. Royston, Esq.   ACTION: Continue public hearing; Close by  2/4/13 (NLT 2/10/13);
Deliberate and act.

Attorney Royston stated that this application was continued pending the January 2013Gateway Commission meeting and comments.  The Gateway Commission has since met and has approved this petition.
 
MOTION to close the Public Hearing on Hotel Suites in the SP-2 and SP-3 Districts” Petition to Amend the Zoning Regulations Section 53.1 Special Standards for Specific Uses to reduce parking ration requirement; MADE: by R. Friedmann; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

MOTION to approve the Hotel Suites in the SP-2 and SP-3 Districts” Petition to Amend the Zoning Regulations Section 53.1 Special Standards for Specific Uses to reduce parking ration requirement as presented with an effective date of March 4, 2013; MADE: by R. Friedmann; SECONDED: by G. Lewis VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.


C.   “Signs” Petition to Amend the Zoning Regulations Section 64 Design Standards for Signs, Section 9 Definitions, and Section 11 Prohibitions
                Petitioner: Old Saybrook Zoning Commission
                ACTION: Open public hearing; Close by  3/4/13 (NLT 3/10/13); Deliberate and act.

Ms. Costa presented the amendments to the Zoning Regulations Section 64 Design Standards for Signs, Section 9 Definitions, and Section 11 Prohibitions. A discussion followed and recommendations were made on verbiage changes.  

Ms. Costa stated that she will work on incorporating the language as was recommended this evening.

Members agreed that the comments made by the Architectural Review Board were reasonable commercial recommendations.


MOTION to continue the Public Hearing on “Signs” Petition to Amend the zoning Regulations Section 64 Design Standards for Signs, Section 9 Definitions and Section 11 Prohibitions to next meeting on February 19, 2013 at 7pm, Old Saybrook Town Hall, First Floor Conference Room, 302 Main Street; MADE: by R. Friedmann; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED:  5-0-0.
   
D.  “Miscellaneous” Petition to Amend the Zoning Regulations
5.1 Maps to remove supplemental maps; to remove supplemental maps; to clarify          “structure”; 10.5 Casualty to remove and replace; 22.2.4, 23.2.3, 24.2.5, 25.2.3, and 27.2.2 Convalescent Home to update term as Nursing Home; 51.6.4 B (2) Site Development Plans to include NAD83 data; 51.8 Posting a Bond to reflect new changes in State Legislation; 72.7.3 Temporary Certificate to require minimum necessary improvements
Petitioner:  Old Saybrook Zoning Commission
ACTION: Open public hearing; Close by 3/4/13 (NLT 3/10/13); Deliberate and act.

Ms. Costa presented the amendments to the Zoning Regulations 5.1 Maps to remove supplemental maps; to clarify “structure”; 10.5 Casualty to remove and replace; 22.2.4, 23.2.3, 24.2.5, 25.2.3, and 27.2.2 Convalescent Home to update term as Nursing Home; 51.6.4 B (2) Site Development Plans to include NAD83 data; 51.8 Posting a Bond to reflect new changes in State Legislation; 72.7.3 Temporary Certificate to require minimum necessary improvements.

Members agreed that the amendments as presented by Ms. Costa were in good order.
Approve all except the definition of person
MOTION to close the Public Hearing on the “miscellaneous” Petition to Amend Zoning Regulations 5.1 Maps to remove supplemental maps; to clarify “structure”; 10.5 Casualty to remove and replace; 22.2.4, 23.2.3, 24.2.5, 25.2.3, and 27.2.2 Convalescent Home to update term as Nursing Home; 51.6.4 B (2) Site Development Plans to include NAD83 data; 51.8 Posting a Bond to reflect new changes in State Legislation; 72.7.3 Temporary Certificate to require minimum necessary improvements; MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

MOTION to approve the “miscellaneous” Petition to Amend Zoning Regulations on all with the exception of the definition of “person”, to include 5.1 Maps to remove supplemental maps; to clarify “structure”; 10.5 Casualty to remove and replace; 22.2.4, 23.2.3, 24.2.5, 25.2.3, and 27.2.2 Convalescent Home to update term as Nursing Home; 51.6.4 B (2) Site Development Plans to include NAD83 data; 51.8 Posting a Bond to reflect new changes in State Legislation; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

  • COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
  • Ms. Costa reported on Basset Boat who has received permission from West Marine, 665 Boston Post Road to utilize their property for a special event to place boats in their parking lot as part of a promotion Basset Boat. It was suggested that if West Marine wishes to pursue they must modify their special exception permit.
  • Ms. Costa reported that a litigation warning letter has been sent relating to an enforcement action at 46 Maple Avenue and 901 Boston Post Road.
  • Ms. Costa reported on a retail tenant Cosmo Pro Beauty Supply coming into the space at 901 Boston Post Road.
  • Ms. Costa reported that Dock and Dine is planning to rebuild.
  • Ms. Costa reported on the status of permit violations for 2 Pennywise Lane and 325 Main Street concerning Jame’s Pharmacy and the Deacon Timothy Pratt Bed and Breakfast. There are two LLC’s and the two innkeepers are now members of the LLC and they have ownership rights and further, they reside on the premises which meets the obligation of the Permit issued to Shelley C. Nobile.  Attorney Cassella would like to place a document on the land records reflecting the same.  The Commission asked that Ms. Costa will move forward on this matter with Attorney Cassella and handle administratively.    
  • Hazard Mitigation John Talbott:  No report.
  • IWWC:  No report.
  • Conservation / Gateway Commission: No report.
      VI.       ADJOURNMENT

MOTION to adjourn the meeting at 9:54 p.m. to the next regularly scheduled meeting to be held on Tuesday, February 19, 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 G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.


Respectfully submitted,

Stella Beaudoin
Administrative Clerk












PETITION TO AMEND THE OLD SAYBROOK ZONING REGULATIONS
TO REDUCE THE NUMBER OF PARKING SPACES PER HOTEL ROOM IN THE SP-3 DISTRICT
Petitioners: Saybrook Point Marina, LLC. & Rosewood, LLC

ADOPTED: FEBRUARY 4, 2013
EFFECTIVE DATE: MARCH 4, 2013

Strikethrough text removed


Section 53   Hotel Suites and Hotel Rooms in the SP-2 and SP-3 Districts.


I.      In the event a hotel suite or hotel room is located on a separate lot from the hotel, there will be two parking spaces per hotel suite and one and one-quarter parking space per hotel room located on the same lot. Such parking spaces per hotel suite and hotel room will be in addition to the parking required for any other uses, principal or accessory, located on such lot.































Old Saybrook Zoning Commission
Adopted Amendments to the Zoning Regulations
Approved: February 4, 2013, Effective: March 4, 2013

Underlined text is new
Strikethrough text to be deleted.

“Person” is being added as a definition.  Remove the language no one and replace with person throughout the regulations. (This text was proposed and then eliminated at the public hearing and not adopted)

Remove supplemental maps listed in Section 5.1 since we do not reference these maps and they are not included in the regulations

5.1     Map

The Commission establishes boundaries of the zones or districts specified in Section 4 as shown on a map, entitled “Zoning Map of the Town of Old Saybrook, Connecticut”, including any special maps or boundary descriptions, any Supplementary Maps of particular sections of the Town, or any amendments thereof, which map is a part of these regulations and is referred to as the “Zoning Map” and is filed in the Office of the Town Clerk.

5.1.1     Supplementary Map number one (Route 1 Corridor).
5.1.2     Supplementary Map number two (Saybrook Point). 5.1.3     Supplementary Map number Three (North Cove).
5.1.4     Supplementary Map number Four (Riverfront).
5.1.5     Supplementary Map number Five (Ferry Point/HydesCreek).

Amend Section 9 Definitions to clarify that a patio less than 6” is not a structure.

Structure. Anything constructed or erected which requires more or less permanent location on ground or water areas or attachment to something having permanent location on ground or water areas. A combination of materials forming an edifice or a building of any kind, or any production or piece of work, artificially built up or composed of parts and joined together in some definite manner, including, but not limited to, mobile homes, signs, vending machines, fences or walls, a wharf or dock, an above-ground tank, pools or a detached solar panel or satellite dish. A structure will not include the following: flagpoles; ornamental wells; tents, trailer coaches, wheeled vehicles; retaining walls not over six feet (6’) high that are not considered a shoreline flood and erosion control structure, fences not over six feet (6’) high; platforms, patios or decks not more than six (6 from the casualty and is diligently prosecuted to completion.

The Zoning Commission at the request of the Zoning Enforcement Officer may grant extensions of the requirement to commence construction when mass damage or destruction occurs as a result of a natural disaster or declared storm.  The Commission may grant no more than two (2), one (1) year extensions for any storm event for a total of no more than four (4) years for any one casualty.  

Amend site development plans to include NAD83 data.

51.6.4 B(2) Site Development Plans
Site development plans will include a Class A-2 survey of the property and all improvements, prepared by a land surveyor registered in the State of Connecticut.
All site development plans will be prepared, signed and sealed with a live seal by a professional engineer, architect or landscape architect as appropriate, licensed to practice in the State of Connecticut, who is responsible for the information and design. All plans which include the design of roads, detailed drainage systems, sanitary sewer systems and water systems will be prepared, signed and sealed by a licensed professional engineer.
Site development plans will be prepared at a scale of not more than one inch equal to fifty feet (1lan approval that the Applicant post a bond or other surety to assure conformance with all proposed improvements to be conveyed or controlled by the town which are shown on the approved site plan.  The bond will be in a form, amount and duration, not to exceed one year, acceptable to the Commission and its legal counsel.  No bond shall be required to be posted prior to an Applicant’s seeking a certificate of zoning compliance or occupancy.  Should the site developer be unable to complete the required site improvements, the bond will be used by the Town to complete work necessary for protection of public health, safety and welfare.  A separate bond may be required for installation of sedimentation and erosion controls.

Effective October 20, 2008, the term “convalescent home” was changed to nursing home.  The following sections of the regulations still say “convalescent home” and should be changed to the new term “nursing home facility”

22.2.4
23.2.3
24.2.5
25.2.3
27.2.2


Amend 72.7.3

72.7.3  Temporary Certificate.

Upon certification by the Applicant that the public health and safety will not be impaired and that there will be compliance with all other laws pertaining to health and safety, the Enforcement Officer may issue a Temporary Certificate of Zoning Compliance having a duration of not more than six (6) months and renewable only for one additional six (6) month period, for the temporary use of land, buildings and other structures in the process of improvement and completion in accordance with an approved application. A temporary certificate will not be issued unless at a minimum the final course of paving, parking lot striping, directional signs and driveways to the structure are completed.