REGULAR MEETING MINUTES
Monday, July 15, 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, Chairman
Madeleine Fish, Vice Chairman
Geraldine Lewis, Secretary
Elizabeth Steffen, Regular Member
John Talbott, Regular Member
J. Colin Heffernan, Alternate Member
Absent Members
Thomas Farnham, Jr.
Robert Richards
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Attorney Eric Knapp, Counsel
Melanie Roberts, Administrative Clerk
There were 9 members of the audience present.
MOTION to approve the Regular Meeting Minutes from July 1, 2013. MADE: by E. Steffen; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, M. Fish, E. Steffen, J. Talbott; OPPOSED: none; ABSTAINING: G. Lewis. APPROVED: 4-0-1.
Commissioners received a copy of letter dated July 2, 2013 from the Connecticut Department of Energy & Environmental Protection to Mr. & Mrs. Sams of 9 River Edge Road in regards to a 3 week extension for removal of a gabion wall and associated restoration once removed.
Commissioners also received a copy of letter dated July 15, 2013 from Branse, Willis & Knapp, LLC to Chairman Friedmann regarding an opinion as to whether Gerri Lewis may continue to serve o the Zoning Commission due to the fact that she clerks for some boards in town.
MOTION to pay invoices 33518, 33516 and 33347 from Branse, Willis & Knapp, LLC totaling $1,567.50; MADE: by E. Steffen; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, E. Steffen, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IV. NEW BUSINESS
A. SIGNS: An overview of changes to the sign regulations and special events regulations that went into effect on March 4, 2013.
The Zoning Commission has modified sign regulations for promotion of business & business related activities. Various types of signs are now allowed under the new regulations such as signs in windows, solid opaque signs, letters on glass, and illuminated signs subject to square footage percentage of window regulations.
Also modified are special promotion regulations. Business owners are asked to notify the Land Use Office/Zoning Enforcement Officer in regards to their plans & extent of promotions.
A-frame signs are still strictly prohibited. Step-in signs are allowed but cannot be put in right-of-way which is considered the edge of the business owners’ property.
C.Costa stated that the annual spring sign enforcement was held off in order to give business owners time to adhere to the new regulations that went into effect on March 4, 2013.
V. OLD BUSINESS
A. PRELIMINARY DISCUSSION: Multi-family Affordable Housing Development. 7 North Main Street (Assessor’s Map 40, Lot 5) and at adjacent parcels on North Main Street known as Assessor’s Map 40, Lot 6-1 and Assessor’s Map 39, Lot 9 in the Shopping Center Business B-2 Zoning District & Pedestrian Nose. Developer: Eastpointe, LLC. Agent: Attorney Edward Cassella.
Alternate J. Colin Heffernan was seated at 7:20p.m. for Vice Chairman Madeleine Fish. Attorney Edward Cassella, Bill Finger & Brian Robik from Eastpointe, LLC. were all present. A recap was given by Atty. Cassella regarding the three parcels, the IHZ w/multi-family subzone and the resulting 10.78 acres after deeding a portion of the property to the CT State DOT.
Eastpointe, LLC. still contends that 216 units is feasible for development on these parcels but after several conversations with the Commission wants to propose less units based on these discussions. B. Finger & B. Robik discussed 2 additional site layouts for the Commission to comment on before further engineering a specific plan. The first layout consisted of 186 units ( 162 flats & 24 town houses). The second consisted of 178 units (162 flats & 16 town houses). Each layout would need some kind of enforceable buffers in order to reduce the land density thereby reducing # of units.
Atty. Cassella had two specific questions for the Commission. First, are enforceable restrictions available, and second, is a town-house zone going to be overlaid on these 3 parcels?
Atty. Knapp was present to interpret the regulations and provide some clarity as to what, if any, restrictions are available for these parcels. He further clarifies by stating that if there were permanent restrictions on these parcels before Eastpointe, LLC. came to the Commission then at that point they would have less land. Land relinquishment would have to be done on a permanent basis and be committed to as part of the application before coming to the Commission.
A lengthy discussion followed regarding interpretation of statues, reconfiguration & re-zoning of lots, possible consideration of a town-house multi-family overlay, etc.
- DISCUSSION: Incentive Housing-Town Center, continuation from July 1st meeting.
B. Friedmann encouraged Commission members to think about where an incentive housing zone can be overlaid in town center and feasibly work. He presented the Commission with possible scenarios using the zoning regulations in Section 54. He stated that there will be a public hearing in August regarding a proposed map change and encouraged all Commission members to start thinking about this change in a broader perspective as well.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
Inland Wetlands Representative
Regular Member Elizabeth Steffen volunteered and the Commission agreed that she become the Inland Wetlands Representative from the Zoning Commission.
Max’s Place, Spencer Plains & Boston Post Rd.
In regards to Max’s Place Special Exception Permit, Spencer Plains & Boston Post Road, C. Costa reported that during a staff report earlier this year that a one one-hundredth of an acre discrepancy was found by the Title Company.~ The Commission found that this discrepancy was minor and did not effect the approval of the development. C. Costa advised that in a July 11, 2013 letter from Attorney David Royston that the Title Company has now discovered that a slope easement in favor the State Highway Department extends to a point on or within the retaining wall for the parking spaces in that area.~ The Commission agreed that this is a minor field adjustment and will not require a modification to the approvals as long as the parking space is complaint with the Zoning Regulations.
C. Costa also reported that Max’s Place is working on obtaining a permit from the State Traffic Administration. Police Chief Spera contacted her to express concern over Condition H of the Resolution to Approve the Modification of the Special Exception Approval for Max’s Place approved on April 24, 2013 which required traditional cross-walk signalization. During the approval process, the condition was added to support the opinion of the Town’s consulting Traffic Engineer and Planning Commission who both favored traditional cross-walk signalization. When the condition was adopted the Commission was not aware that the Police Chief preferred phased pedestrian crossings.~~ The Commission concurred that they did not want to delay the State Traffic Permit for Max’s Place, ~recognized that State Traffic Administration
issues State Traffic Permits and that any contrary decision by the State Traffic Authority relating to the appropriate type of intersection crossing would take precedence over Condition H of the Resolution to Approve.
Fuel Sales/Gas Stations
C.Costa asked the Commission for clarification regarding zoning regulations for businesses with gas stations/fuel sales. She states there is some public interest on where to open a gas station w/possible retail establishment attached in Old Saybrook. After some discussion the Commission agreed the only district this kind of establishment would be allowed is in the B4-Business District.
VII. ADJOURNMENT
MOTION to adjourn the meeting at 9:25 p.m. until the next Regularly Scheduled meeting of the Zoning Commission which will be Monday, August 5, 2013 at the Old Saybrook Town Hall, 1st Floor Conference Room, 302 Main Street at 7:00 p.m.; MADE: by E. Steffen; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, E. Steffen, J. Talbott; OPPOSED: none; ABSTAINING: None; APPROVED: 5-0-0.
Respectfully Submitted,
Melanie Roberts, Recording Clerk
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