REGULAR MEETING MINUTES
Monday, June 17, 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 7:00 p.m.
II. ROLL CALL
Attendant Members
Robert Friedmann, Chair
Madge Fish, Vice Chair
Geraldine Lewis, Secretary
Elizabeth Steffen, Regular Member
Thomas Farnham, Jr., Alternate Member, seated for John Talbott
Absent Members
John Talbott
Robert Richards
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Kathleen Noyes, Administrative Clerk
There were 9 members of the audience present.
MOTION to approve the Regular Meeting Minutes from June 3, 2013 as amended with the following corrections: on page 4, paragraph #4 change “she’s” to “she’d” like to retain “the” area. On page 6, paragraph #9, change “possible remain” to “possible human remains” and on page 6, paragraphs #9 & #10, change L. Steffen to E. Steffen. Lastly, on the bottom of page 5, change the spelling of Jane Cypher to Jane Sypher.; MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: T. Farnham, M. Fish, G. Lewis, E. Steffen, R. Friedmann; OPPOSED: None; ABSTAINING: APPROVED: 5-0-0.
Commissioners received a copy of a letter dated 6/7/2013 from the DEEP to David and Betsy Sams of 9 River Edge Road re: Removal Order #LIS-20040091-V.
MOTION to approve invoices #77858, #77876, #77863, #77862, #77861, #77860 & #77859 totaling $1,391.90 from Nathan L. Jacobson & Associates, Inc. for work related to flood permits. MADE: by E. Steffen; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, T. Farnham, M. Fish, E. Steffen, G. Lewis; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve invoice #33140 for $66.00 and #33143 for $429.00 from Branse, Willis & Knapp. MADE: by E. Steffen; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, T. Farnham, M. Fish, E. Steffen, G. Lewis; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to pay invoice #3405 for $680.00 for updates to the Zoning Regulations from Wolfram Design; MADE: by E. Steffen; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, T. Farnham, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
IV. OLD BUSINESS
A. Sign Regulations: An informal discussion with sign companies, merchants amendments to Section 64 Signs
R. Friedmann explained that the Zoning Commission wanted to hold a sign workshop to discuss with business owners, sign companies and interested residents what the Zoning Regulations allow in terms of signage. Also, they wanted business owners to know what is acceptable to the town and to residents so businesses can promote themselves while still maintaining town character.
“A” frame signs are strictly prohibited. They can be a safety hazard if placed on sidewalks or near the road. Also, they create a lot of visual clutter. Sign companies were told they should not promote the sale of “A” frame signs in Old Saybrook since they are not allowed.
New businesses are allowed to put limited signage in their store windows. There is allowance for banners and flags for promoting business. Sign regulations are not the same in all zoning districts in town. If businesses are set back from the street and/or sidewalk, they have more space for potential sale of goods or signs or possible outdoor seating. If a business is close to the street or sidewalk, they cannot put goods, seating or signs out front.
If a business leaves town, they should take their sign down within 6 months. Unfortunately, not all businesses adhere to this regulation.
R. Friedmann asked if any audience members had comments, and no one in the audience wished to comment.
C. Costa spoke about sign enforcement. She sent out 40 letters to area businesses, and only 3 of those people came to tonight’s meeting. She’d like to educate business owners on what the regulations allow so they can avoid violations and sign removal.
B. Discussion: Review 2009 Incentive Housing Zone (IHZ) Workshop
R. Friedmann explained the different types of Incentive Housing Zones specifying what types of housing are allowed in each area. The minimum density for an Incentive Housing Zone is 20 units per acre. Open space also needs to be included as part of the development. These Incentive Housing Zones have
been established so that 20% of their total is statutorily affordable housing based on the law. That number may not seem affordable to some, but it is determined by a percentage of the median income of the town.
R. Friedmann suggested that town officials and agencies such as the Building Official, Police Chief, Fire Chief, Fire Marshal, Youth & Family Services, etc. give feedback as to what their experience has been this past year with Ferry Crossing. He’d like for members to collect data to see if the town has benefited from Ferry Crossing, and if more fire and police services have been required and how the incorporation of 16 units of affordable housing has impacted the town.
A Multi-Family Incentive Housing Zone was adopted at the last Zoning Commission meeting on 6/3/13 on North Main Street and related parcels. R. Friedmann explained what the developer, Eastpointe, LLC, proposed at that location. Commissioners decided that they didn’t want the buildings to be 47’ high. They felt it would be detrimental to the community in appearance and character. They talked about where other types of affordable housing such as mixed use could be placed in town and what types would fit in the different parts of town based on character.
Current affordable housing units in town are as follows: Whittier Place off of College Street, an 8-30g development which contains a total of 2 affordable units out of 6 dwelling units on one parcel of property; Ethan’s Landing off of Spencer Plain Road with 2 affordable units in Old Saybrook and 3 affordable units in Westbrook; and Between the Bridges off of Ferry Road with 27 potential affordable units that have been proposed. The same materials and workmanship have to be used for both the affordable units and the market value units.
R. Friedmann showed a map that illustrates potential areas for more affordable housing in town. C. Costa explained that this map was created with input after over a year of discussions with Town Officials and with the Town’s Boards and Commissions.
The Town of Old Saybrook received money from the Office of Policy and Management for building Ferry Crossing. Old Saybrook was the first town in CT to put affordable housing into their town in an Incentive Housing Zone.
In illustrating the difference between and 8-30g development and an Incentive Housing Zone, R. Friedmann said that an 8-30g development doesn’t have to follow the town’s Zoning Regulations, but an Incentive Housing Zone does.
Bob Mordes, of Coulter Street, expressed concerns about potential high turnover and associated problems such as the transience of people moving in and out, and the stability of the rent. R. Friedmann said he understands these concerns, but the Zoning Commission has no control over that. The rent is determined by a formula fixed by statute tied to the median income of the area, and it cannot go up unless the median income goes up.
Carol Manning spoke about the 3-2-0 vote at the 6/3/13 Zoning Commission meeting regarding the petition to overlay the Incentive Housing Zone – Multi-Family Subzone at 7 North Main Street and adjacent parcels. She said according to the meeting minutes, HOPE partnership was represented. Bill Attridge, President of HOPE spoke as did Maria DeMarco, property manager of Ferry Crossing. C. Manning questioned the vote because Madge Fish is on the Board of HOPE Partnership, and this presents a conflict of interest.
Madge Fish responded to this by saying she is not part of the HOPE executive committee. She did not feel her involvement in HOPE would affect her ability to vote objectively at the 6/3/13 Zoning Commission meeting. She also noted that she was not on the HOPE Partnership in 2008 when the Ferry Crossing project came before the Zoning Commission.
Dick Goduti spoke. He noted that he did not feel he should have to identify himself for the record. He felt strongly that M. Fish should have recused herself from the vote. Holding a position on HOPE would tend to influence a vote on the Incentive Housing Zone. He suggested the Zoning Commission take another look at the vote because this is a potential violation of ethics. He questioned all the business transacted at the 6/3/13 meeting. He felt the issue presented a perception of a violation of ethics.
R. Friedmann said that point is understood, but the recusal wouldn’t have changed the vote. The Zoning Commission might consider applications for the other types of affordable housing which are duplex, townhouse and mixed use at that location allowing other opportunities to be built there.
M. Fish said HOPE supports workforce housing in Old Saybrook, but they did not back this particular project.
C. Costa said she’s been meeting with the applicant, Eastpointe, LLC., and HOPE has not been part of any discussions regarding the application submitted. At this point, the applications were for a text and a map amendment. There was no specific development project for HOPE to support. They support affordable housing, but are not associated with the applications acted on at the last meeting.
C. Manning asked if another development could be proposed with a multi-use overlay. R. Friedmann said yes, the multi-use overlay provides a greater variety of housing types that might fit that property increasing the likelihood that a development will be built.
C. Costa advised the Commission that at the last meeting they approved a map amendment and the text amendment describing the map amendment was not adopted into the Zoning Regulations. R. Friedmann said he’d like to schedule a Public Hearing to correct this and a regulation change and a map change. He asked C. Costa to draft the wording for the legal advertisement for the Public Hearing to include other Incentive Housing Areas that could benefit from the multi-use overlay. He suggested she add mixed use to multi-family and incorporate mixed use in the map change. This would encompass a different boundary for other Incentive Housing Zones.
M. Fish asked C. Costa to have Attorney M. Branse review the 6/3/13 and 6/17/13 Zoning Commission minutes to see if the honesty of the Zoning Commission would be compromised because she is both on the Zoning Commission and HOPE Partnership.
D. Goduti suggested M. Fish speak to ethics. He said any public official has the opportunity to ask ethics for their opinion.
M. Fish said she would prefer to get the opinion of Town Attorney Mark Branse first.
V. NEW BUSINESS
There was no new business.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
R. Friedmann noted for members of the audience that the Selectmen will appoint someone to fill the Zoning Commission vacancy left by Charles Sohl who recently passed away.
C. Costa made a presentation at the National Flood Conference with Town Building Official Don Lucas. She said it was interesting to share the room with people from NJ, LA and other places that have experienced devastating floods. It was a very worthwhile conference.
CVS, 519 Boston Post Road, sent C. Costa an e-mail informing her that they are removing and replacing damage parts of their sidewalk. They will restripe the parking lot and update handicapped spaces.
Dock n’ Dine Restaurant, 145 College Street, applied for a Certificate of Zoning Compliance. They would like to open temporarily through Columbus Day with some inside seating and some outside seating. The building will be torn down and reconstructed after Columbus Day.
C. Costa asked if Commissioners would like to hold another sign discussion as a follow up to this one. R. Friedmann stated, and Commissioners agreed, that businesses would most likely want to promote their businesses more actively when there is the largest potential number of customers in town, so July would be a good time to hold the meeting.
C. Costa advised that she received an Application for Tractor Supply to modify their Special Exception approval to increase pole lights. The Commission determined that this modification was a minor modification and that no public hearing will be required.
West Marine, 1667 Boston Post Road, asked about return of their landscaping bond. Commissioners said the landscaping looks nice. If C. Costa feels it’s ok after her inspection, she can return the bond.
C. Costa received a letter from Attorney David Royston, the agent for Max’s Place, Spencer Plains and Boston Post Road for some changes made at the request of Kohl’s. C. Costa suggested to Attorney Royston to propose these changes for the entire shopping center. The request is for a minor modification to the Statement of Use for the shopping center. They’d like to be able to have some flexibility in their hours so they can open the store at different hours for special events and holiday sales such as Black Friday. The letter also indicated a change in the Statement of Use that would allow Kohl’s to open if the Big Y is substantially complete.The Commission acknowledged the agreement between the Town and Max’s Place for the sale of Center Road West and felt that the sequencing of the store
opening was more a part of the Town sale agreement rather then the Zoning Permit. The Commission had no issue with this change as long as it was approved by the Town. The Commission felt that C. Costa could handle this administratively as a Minor Modification to the Special Exception. No public hearing will be required.
VII. ADJOURNMENT
MOTION to adjourn the meeting at 8:35 p.m. until the next Regularly Scheduled meeting of the Zoning Commission which will be Monday, July 1, 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, T. Farnham, E. Steffen; OPPOSED: none; ABSTAINING: None; APPROVED: 5-0-0.
Respectfully Submitted,
Kathleen Noyes, Recording Clerk
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