REGULAR MEETING MINUTES
Monday, May 20, 2013 at 7:00 p.m.
Town Hall, 302 Main Street
1st floor conference room
I. CALL TO ORDER
Mr. Friedmann called the meeting to order at 7:02 p.m.
II. ROLL CALL
Attendant Members
Robert Friedmann, Chair
Member Madge Fish, Vice Chair
Geraldine Lewis, Secretary
John T. Talbott, Regular Member
Elizabeth Steffen, Regular Member
Thomas C. Farnham, Jr., Alternate Member
Robert Richards, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Meryl Tsagronis, Administrative Clerk
There was one member of the audience present.
The following corrections to the meeting minutes of April 15, 2013 were noted:
Page 6, section IV. Committee, Representative and Staff Reports, replace the sentence about St. John’s school with the following text: St. John’s School, 42 Maynard Road plans to submit an application to convert the flat portion of the school roof to a pitched roof, add a small entry addition to the rear of the building and add handicapped ramps. The roof is leaking and the change in the roof line will alleviate this problem as well as avoid issues with snow loads. The proposed improvements are all within the setbacks and meet building structure coverage requirements. The Zoning Commission acknowledged that schools are a Special Exception in this district, however, the additions are minor and will increase compliance with codes. The Commission authorized the Zoning Enforcement Officer to handle this matter
administratively.
Page 6, section IV. Committee, Representative and Staff Reports, after ‘…Senior Housing on Sheffield Street’ insert the following text: “The Commission directed the ZEO to interpret the Senior Housing on Sheffield Street as one parcel.”
MOTION to approve the Minutes from the April 15, 2013 Regular Meeting, as amended; MADE: by E. Steffen; 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.
The following corrections to the meeting minutes of April 24, 2013 were noted:
P. 2, 3rd bullet: delete “and” after “driveway from Spencer Plains Road”
P. 2, 5th bullet: change “has” to “have”
P. 3, 1st bullet: after “Finding #15” amend sentence to read: “Attorney Royston asked the Commission to make a finding whether or not to continue with the pedestrian crossings at the four intersections or remove any phasing.”
MOTION to approve the Minutes from the April 24, 2013 Special Meeting, as amended; 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.
B. CORRESPONDENCE
“Max’s Place” Application for Modification of Special Exception Permit, 27,600 s.f. shopping center, including 54,100 s.f grocery store, 54,000 s/f/ retail building, 8,000 s.f liner building, 10,000 s.f. liner building, parking and landscaping., corner of Boston Post Road, Spencer Plains Road & Center Road West, Gateway Business B-4 District, Pedestrian Node. Map 25/Lots 2, 28, 20, 30 and Map 26/Lots 6-10-6-11, 6-12, 32, 32-1.
Regarding “Max’s Place,” C. Costa referenced a letter dated May 7, 2013 from Dzialo, Pickett & Allen, P. C. in which Attorney David Royston stated that he was “just informed yesterday that the Title Company doing the construction financing for Max’s, in performing their title search noticed that 509 square feet of the Development Site along Spencer Plain Road shown on our Site Plans is actually owned by the State of Connecticut rather than being subject to an easement to the State of Connecticut for highway purposes.” C. Costa noted this primarily affects sheet MA-1, which has been revised to reflect the acreage discrepancy. She also has an amended Statement of Use dated May 20, 2013, and these revisions are within the scope of the Zoning regulations. C. Costa asked the
Commission if they would like a minor modification, or would the Commission accept this as a correction to what was approved, noting that the acreage discrepancy was a minor error that does not affect the overall project. She stated that Attorney Royston asked that since the acreage discrepancy and subsequent revisions do not place the project in non-compliance would the Commission accept this as a correction.
R. Friedmann explained that this was a technical oversight and doesn’t require special exception, but does require recalculation of all the coverage, and if the map has been corrected to more accurately reflect who owns which side of the line, then this is a bureaucratic exercise.
The Zoning Commission reached a consensus that the ZEO is empowered to incorporate these changes, of the 509 square foot discrepancy, as shown on the revised sheet MA-1 and in the May 20, 2013 revised Statement of Use, noting that the plan remains in compliance with the Zoning Regulations.
R Friedmann notified members of a letter from CT River Cruise inviting members to a cruise on June 13, 2013.
C. BILLS
MOTION to approve the Branse, Willis & Knapp, LLC Invoice #32672 in the amount of $478.50; Branse, Willis & Knapp LLC Invoice #32675 in the amount of $297.00 as presented for a total of $775.50; MADE: by E. Steffen; SECONDED: by G. Lewis; VOTING INFAVOR: R. Friedmann, J. Talbott, M. Fish, G. Lewis, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
IV. NEW BUSINESS
- Application for Minor Modification to Affordable Housing 8-30g Site Plan Approval #06-283 to clarify 4 optional porches permitted on 6 of residential housing units, 509 Main Street, Map 23 / Lot 78 – “Whittier Place”
Applicant: Whittier Place Homeowners Assoc.; Agent: David Geneovali, College Pt., LLC.
Madge Fish recused herself from deliberations. Robert Richards was seated for M. Fish.
David Geneovali, agent for the applicant presented to the Commission. He explained that an owner would like to add a front porch, and that when this application was approved, four variations to the entry way were considered, however they were omitted from the site plan. C.
Costa further explained that during the approval process the Architectural Review Board and Planning Commission also reviewed and approved the porch designs. This is a minor modification to show on a site plan what had already been accepted. C. Costa spoke to the Fire Marshall, the Building Official, Chrisine Nelson, Town Planner, and the Health District to ask for their opinion and all agreed this was too minor a matter to be reviewed by them. R. Friedmann observed that there is no regulatory impact.
A memo from the Connecticut River Area Health District was received by the Commission stating the Health District has no objection to the addition of porches on the dwellings at 509 Main Street, provided a B100A is reviewed and approved for each porch.
MOTION to approve the Application for Minor Modification to Affordable Housing 8-30g Site Plan Approval #06-283 to clarify 4 optional porches permitted on 6 of residential housing units, 509 Main Street, Map 23/Lot 78 – “Whittier Place; MADE: by R. Friedmann; SECONDED: by R. Richards; VOTING IN FAVOR: R. Friedmann. J. Talbott, R. Roberts, G. Lewis, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
M. Fish returned to the meeting.
The Zoning Commission reviewed the following applications for outdoor seating as being compliant, closed or as modified to meet the Zoning Regulations as indicated by the ZEO.
The following restaurants were approved as requested: Blue Crab, Cloud Nine, Comfort Café, Cuckoo's Nest, Dagmar, Dairy Queen, Dunkin Donuts (774 BPR), Dunkin Donuts (1635 BPR), Foodworks, Great Harvest Bread Company, J.A.M.S.S., Jack Rabbits, Johnny Ad's, Liv's, Mike's Deli, Monkey Farm, Otter Cove Restaurant, Paperback Café, Penny Lane Pub, Pizza Palace, Pizzaworks, Pursuit of Pastry, Red Hen, Rosemary and Sage, Saigon City, Subway, T.J.'s Restaurant, Tissa's Le Souk du Maroc
The following restaurants were approved for maximum allowable seating, as per regulations: Back Porch, Fiores, Fresh Salt/Terra Mar, Rabbit Hole, Rio Café, Sal’s Pizza, Saybrook Soup & Sandwich, Starbucks, VFS Post 10153
No seating requested: Café Toscana, Paesan's Pizza, Dock & Dine (closed), Tauro/Fogo (closed) and Vanderbrooke (closed).
VI. COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
Ms. Costa reported on the following:
Ethan’s Landing Affordable Housing Development, Spencer Plain Road; and Colvest Group of Boston Post Road: The ZEO received a request from Ethan’s Landing and from Colvest to substitute tree species with similar trees, because some of them are leaning or dieing. They provided a list of trees, which C. Costa confirmed meet the requirements described in the Zoning Regulations.
Harvey’s Beach, Plum Bank Road: The ZEO had previously discussed storm damage and the Town’s efforts to obtain a grant for repairs in hopes of completing the repairs by Memorial Day Weekend. In order for the Town to receive grant money the parking area must be updated to meet the Zoning Regulations. Geoff Jacobson will be preparing the striping layout. The Commission agreed the ZEO may handle the matter administratively.
Tracy Arts Center, Main Street would like to paint a mural on the side of River Mart. R. Freidmann stated that as long as the mural is an art installation and not commercial speech or advertising it is okay.
Saigon City, 1315 Boston Post Road, would like to sell drinks, i.e smoothies, bubble tea, at the side porch of their property. The drinks would be prepared indoors, and they would use existing outdoor seating. They propose to operate the sales of drinks at the porch between 11:30am – 9pm, May – October. The Commission has no opposition and agreed the ZEO may handle this administratively. They may also put up a sign as long as it adheres to regulations.
BJM Pumps on Spencer Plain Road is interested in moving their offices to the former Remax site at 813 Boston Post Road (Map 36 / Lot 005), which is located in a pedestrian node.
C. Costa asked the Commission to consider whether this was a “use-to-use” move, or a special exception application. R. Friedmann stated more information is needed to form an opinion and offered that the applicant is welcome to come before the Board to present their plans.
Automall on Route 154: C. Costa explained that her office receives complaints from neighbors about vehicles parked on the lawn of the Automall properties. She asked the Commission members if they know of written documentation stating the regulation for where vehicles may or may not park in this area. R. Friedmann stated that his recollection was that cars could not be closer to Rt 154 than the interior of the driveway. C. Costa will continue to research for documentation.
C. Costa invited Commission members to join her for gravel pit inspections on June 3 at 6pm.
VII. ADJOURNMENT
MOTION to adjourn the meeting at 8:25 p.m. to the Monday, June 6, 2013 meeting 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,
Meryl Tsagronis
Recording Secretary
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