REGULAR MEETING MINUTES
Monday, February 19, 2013 at 7:00 p.m.
Town Hall, 302 Main Street
1st floor conference room
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 Charles E. Sohl, Regular Member Madge Fish, Vice Chair Robert Richards, Alternate
John T. Talbott, Regular Member
Thomas C. Farnham, Jr., Alternate, seated for Charles Sohl
Elizabeth Steffen, Alternate seated for Gerry Lewis
Gerry Lewis joined the meeting at 8:14 p.m. and at this time Elizabeth Steffen stepped down.
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Stella Beaudoin, Administrative Clerk
There were five members of the audience present.
MOTION to approve the Minutes from the February 4, 2013 Regular Meeting, as presented; MADE: by M. Fish; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: APPROVED: 5/0/0
- CORRESPONDENCE – No correspondence
Ms. Steffen questioned the Branse, Willis and Knapp, LLC invoice #31764 in the amount of $49.40. Ms. Costa stated that this charge was incurred in conjunction with the affordable housing. As the units sold and because the Town monitors the units, questions have come up and issues have arisen that have been reviewed by the Town’s attorney. Ms. Costa explained that it is the obligation of the Town that the units maintain an affordable status. Ms. Costa stated that we review the affordability documents and in this case, the fee was incurred with regard to the assessment.
MOTION to approve the Branse, Willis & Knapp, LLC Invoice #31763 in the amount of $198.00; Branse, Willis & Knapp LLC Invoice #31764 in the amount of $40.50; Branse, Willis & Knapp LLC Invoice #31768 in the amount of $577.50; Branse, Willis & Knapp LLC Invoice #31770 in the amount of $115.50 as presented for a total of $940.50; MADE: by E. Steffen; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve the Nathan L. Jacobson & Associates Invoice #77211 in the amount of $405.60; Nathan L. Jacobson & Associates Invoice #77212 in the amount of $187.20; Nathan L. Jacobson & Associates Invoice #77213 in the amount of $31.20; Nathan L. Jacobson & Associates Invoice #77214 in the amount of $31.20; Nathan L. Jacobson & Associates Invoice #77215 in the amount of $280.80; Nathan L. Jacobson & Associates Invoice #77216 in the amount of $218.40; Nathan L. Jacobson & Associates Invoice #77217 in the amount of $218.40 as presented for a total of $1,372.80; MADE: by R. Friedmann; SECONDED: by T. Farnham; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
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 3/4/13 (NLT 4/15/13); Deliberate and act.
Ms. Costa stated that the Commission has received a written request to continue the Public Hearing to the March 4, 2013 meeting. Tractor Supply application will present before the IWWC on Thursday, February 21, 2013. Additionally, the applicant is finalizing comments made by the engineer, Jeff Jacobson.
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 Monday, March 4, 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, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
- Petition to Amend the Old Saybrook Zoning Regulations Section 53 to allow pharmacies and banks in the B-1 District to have drive through windows.
Applicant: Dawn O’Dell, Trustee; Irving Rochette Trusts;
Agent: Attorney John Bennett
ACTION: Open public hearing; Close by 3/25/13 (NLT 4/26/13); Deliberate and act.
Attorney Bennett presented on behalf of this application. Attorney Bennett stated that he is seeking an amendment of the zoning regulations to allow drive up windows in the entire B-1 Zone. Mr. Bennett distributed a one-page handout in which he outlined sections of the zoning regulations that apply to this application. Attorney Bennet stated that the applicant is seeking the allowance of pharmacies and banks to have drive up windows in the B-1 Zone. A use such as a pharmacy or a bank on this site would serve the pedestrian requirements of the town. Attorney Bennet stated that there is quite a bit of residential use off of the main street and having a use which might be a necessity would enhance the pedestrian use and the vitality of the main street use.
Ms. Costa entered into the record the following responses to this application:
- A favorable response from Marcy Baliant, CT DEEP;
- A favorable report from Panning Commission;
- Comments from Commission counsel, Branse, Willis and Knapp;
- A favorable response from Attorney William Childress, as a business owner in support of the proposal;
- A favorable response from Susan Esty of Esty’s on Main Street in support of the proposal;
- A favorable response from Harbor Light realty in support of the proposal;
- A favorable response from O.S. Chamber of Commerce in support of the proposal;
- A favorable response from David Genovali, Re/Max Realty in support of the proposal.
Ms. Costa noted that the Commission has not yet heard from the Harbor Management Commission.
Mr. Friedmann read into the record Section 31.0 of the Zoning Regulations.
Mr. Friedmann questioned how a drive up window would enhance the street wall and the pedestrian walk on Main Street.
Mr. Bennett stated that currently it is difficult to purchase daily commodities from businesses on Main Street. A pharmacy with a drive-up window would cater to a resident who would like to pick up a prescription and other items and do so through a drive-up window. Attorney Bennett stated that this would also provide an opportunity for re-development of this parcel by allowing a drive up window.
Ms. Fish stated that the property we are looking at is in compliance with the sidewalk plan.
Mr. Friedmann asked if anyone in the audience wished to speak in favor or in opposition to this application.
MOTION to close the Public Hearing on Petition to Amend the Old Saybrook Zoning Regulations Section 53 to allow pharmacies and banks in the B-1 District to have drive through windows; MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Mr. Friedmann stated that the purpose of Section 31.0 of the zoning regulations does not accommodate drive through windows as new uses in the B-1 Zone and while that purpose may have been around longer, in 2008 the regulations were modified to allow drive through windows, but not in the B-1 District.
Ms. Fish stated that the drive-through window at CVS has had no effect on the traffic flow.
Mr. Friedmann noted that a drive-through window situated on the corner of Elm and Main Street might well increase the number of U-turns in that area. Mr. Friedman stated that this application does not comply with the intent of the words in Section 31.0 of the zoning regulations.
Members discussed the hand-out Mr. Bennett distributed with proposed language for text amendment to Section 53 of the zoning regulations.
After a discussion of the B-1 District and drive-through windows currently in place, along with stated concerns about “spot zoning”, the Commission modified the proposed regulation wording. The modified text is less restrictive than the original in that it does not include detailed lot descriptions but includes the B-1 District among those in which drive-through windows are permitted as a Special Exception Use.
MOTION to approve the Petition to Amend Section 53 of the Old Saybrook Zoning Regulations to adopt the attached text amending drive-through window and financial institutions and pharmacy to allow pharmacies and banks in the B-1 District to have drive through windows with an effective date of March 4, 2013; MADE: by R. Friedmann; SECONDED: by E. Steffen VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
- “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: Continue public hearing; Close by 3/10/13 (NLT 4/12/13); Deliberate and act.
Looking to adopt these regulations
Ms. Costa noted the following referrals were received for the record:
- Attorney Dave Royston’s comments at the February 19, 2013 meeting;
- A referral from the Architectural Review Board with their comments incorporated into the language;
- A favorable recommendation from the Planning Commission;
- A favorable recommendation from Marcy Baliant, CT DEEP;
- There have been no comments received from the Chamber of Commerce nor from the Harbor Management Commission.
MOTION to close 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 M. Fish; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, G. Lewis, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to adopt the changes to the “Signs” Petition to Amend the Zoning Regulations Section 64 Design Standards for Signs, Section 9 Definitions and Section 11 Prohibitions; MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, G. Lewis, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
A brief discussion on the “Signs” Petition motion ensued. Chairman Friedmann stated for the record that formatting changes in the shaded margins and the accompanying photos will be amended at a later date.
- COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
Ms. Costa reported on Basser Boats who presented at a previous Zoning Commission meeting. Basser Boats wanted to conduct a boat show at West Marine and to also allow a few boats to be on display in the parking lot.
Mr. Friedmann commented on the equity of allowing outside businesses to sell their boats on an in-town location. Mr. Friedmann further stated that West Marine must present before the Zoning Commission if they wish to allow Basser to sell boats on the West Marine property.
Ms. Costa reported on Shelly Nobile at 2 Pennywise Lane and 2 Main Street property noting that Attorney Knapp finds the agreement which Ms. Costa had previously commented on to be agreeable. Ms. Costa stated that she will file the agreement on land records.
Ms. Costa reported that Pat’s Country Kitchen has a potential lease tenant. They are in the process of working through the details of the lease.
VI. ADJOURNMENT
MOTION to adjourn the meeting at 8:40 p.m. to the next regularly scheduled meeting to be held on Monday, March 4, 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, J. Talbott, M. Fish, G. Lewis, T. Farnham, M. Fish; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Respectfully submitted,
Stella Beaudoin
Recording Secretary
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