REGULAR MEETING MINUTES
Monday, August 19, 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
Thomas Farnham Jr., Alternate Member
J. Colin Heffernan, Alternate Member
Absent Members
Robert Richards
Attendant Staff
Chris Costa, Zoning Enforcement Officer
Melanie Roberts, Administrative Clerk
There were 9 members of the audience present.
MOTION to approve the Regular Meeting Minutes from August 5, 2013. MADE: by E. Steffen; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, E. Steffen, G. Lewis, J. Talbott; OPPOSED: 0; ABSTAINING: 0. APPROVED: 5-0-0.
MOTION to pay invoices 33650, 33651 &33652 from Branse, Willis & Knapp, LLC. totaling $1,972.50; MADE: by E. Steffen; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, E. Steffen, J. Talbott; OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0.
IV. PUBLIC HEARING
A. Petition to AMEND the Old Saybrook Zoning Regulations:
Section 62.4.2.B.3 to permit a waiver to allow for light poles of up to 20 feet in height.
Petitioner: NERP Holding & Acquisitions Company, LLC (Tractor Supply)
Agent: James P. Cassidy P.E.
Mr. Cassidy spoke to the Commission regarding lighting for the Tractor Supply property. Two plans were discussed. The current plan which has 14 light poles, 31 total fixtures and not exceeding 14 feet in height. The second plan proposes 10 light poles, 23 total fixtures with a height of 20 feet. The wattage of the bulbs for both plans is 250 watts. Mr. Cassidy stated that more illumination will occur and there will be no more dark spots on the property if the proposed plan is utilized.
Some discussion took place amongst commission members in regards to the intensity of the lighting. Mr. Cassidy stated the wattage of the bulbs for both plans is 250 watts. Mr. Friedmann reminded the applicant that no lighting can project beyond the property lines. Also discussed was the use of wall packs on the building. Mr. Cassidy stated there are some on the building but more ornamental lighting is being used based on positive feedback from other Commissions.
Memos from the Planning Commission, Architectural Review Board and Marci Balint of the CT DEEP were read. All had no objections.
There were no comments from the public.
MOTION to close public hearing; MADE: by R. Friedmann; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, E. Steffen, J. Talbott; OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0.
MOTION to approve to amend Section 62.4.2.B.3 to allow for an increase up to 20ft. in height of a lamp/light pole when the applicant can demonstrate that by using less light poles with a higher elevation (up to 20ft.) can provide a better distribution of light; MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: E. Steffen, M. Fish; OPPOSED: R. Friedmann, G. Lewis, J. Talbott; ABSTAINING: 0; DEFEATED: 2-3-0.
B. Petition to AMEND the Old Saybrook Zoning Map to create a Town Center Incentive Housing Zone and Mixed-Use (MU) Subzone that overlays that portion of the Shopping Center Business B-2 District and Gateway Business B-4 District known as Boston Post Road (Assessor’s Map 39, Lot 9 and Map 40, Lots 4, 15, 16, 18-1, 40, 43, 44, 45, & 46), North Main Street (Assessor’s Map 40, Lot 5, 6, 6-1, 7, 10, 12-1, 43-1, 45-1, 45-2 & 70), Stage Road (Assessor’s Map 40, Lots 12, 13, 14).
Petitioner: Old Saybrook Zoning Commission
ACTION: Open public hearing; continue or close by 9/16/13 (NLT 9/22/13); Deliberate and act.
C. Petition to AMEND the Old Saybrook Zoning Regulations to add Section 54.1.3.E.2 to describe the proposed map change to create the Saybrook Junction Town Center Incentive Housing Zone and Mixed Use Sub-Zone that overlays that portion of the Shopping Center Business B-2 District and Gateway Business B-4 District known as Boston Post Road (Assessor’s Map 39, Lot 9 and Map 40, Lots 4, 15, 16, 18-1, 40, 43, 44, 45, & 46), North Main Street (Assessor’s Map 40, Lots 5, 6, 6-1, 7, 10, 21-1, 43-1, 45-1, 45-2 & 70), Stage Road (Assessor’s Map 40, Lots 12, 13, 14)
Petitioner: Old Saybrook Zoning Commission ACTION: Open public hearing; continue
or close by 9/16/13 (NLT 9/22/13); Deliberate and act.
R. Friedmann opened up the public hearing on both the map change and the regulation change. Commission members were given and reviewed a color coded map of the proposed IHZ (Incentive Housing Zone). The IHZ is an overlay zone which can sit atop other zones in this area. Zoning regulations have recently been changed which now require 70% of the ground floor to include non-residential uses in a mixed-use IHZ.
This area of town was looked at because of access to the train station. Incorporating these amendments to the regulations will achieve a more “transient oriented” area of town in which business activities will be enlivened. The ZEO stated that by allowing these amendments property owners will now have more development rights.
A memo dated July 19, 2013 from the Planning Commission to the Zoning Commission states that it does not recommended approval of the above matters. Marci Balint of the CT DEEP commented on July 22, 2013 that these matters are generally consistent with the goals and policies of the CT Coastal Management Act. The Commission has not received feedback from several other commissions including Economic Development, Harbor
Management, Cemetery Committee & the Rt. 1 Committee. They had 35 days in which to comment and the time allotted has expired. R. Friedmann stated that the Land Use office did receive an email regarding this matter and that the property owner requested that the public hearing be continued due to their inability to attend tonight’s meeting.
Discussion amongst members ensued regarding traffic concerns, future possibilities of properties being turned into parking lots due to these amendments being defeated and the “Village Center” boundaries.
R. Friedmann opened these matters for public comment.
Carol Manning addressed the Commission and had several concerns which included property owner notification, septic issues, story height, and the need for an entity such as a housing authority to protect the rights of renters. The ZEO stated that there is a rental housing ordinance in Old Saybrook and state laws that presently protect the rights of renters. The Commission addressed her other concerns as well.
Eleanor LaPlace addressed the Commission in regards to traffic concerns and navigation through this area. Also, she expressed concern that the proposed $225,000.00 is too low of a figure in regards to the inconvenience construction and traffic will cause. She stated the area should stay a business zone.
Donna DiBella stated that there will be too much of a concentration of people in one area and is concerned about traffic. She strongly suggests that each property owner be individually notified.
Robert Mordes had quality of life concerns.
Dick Goduti encouraged the Commission to notify property owners individually.
Commission members stated that they do not legally have to notify property owners individually but they agree that a mailing should be done in order to gain more feedback on this matter.
MOTION to continue both public hearings until the Zoning Commission’s regular scheduled meeting of September 16, 2013; MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, E. Steffen, J. Talbott; OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0.
V. OLD BUSINESS
A. Petition to Amend the Old Saybrook Zoning Regulations:
Section 54.1.3 to remove and replace Section 54.1.3 in its entirety to reorganize the Incentive Housing Zone map locations and to reflect the Saybrook Junction Multi-Family (MF) Sub-Zone adopted on June 13, 2013 and a Petition to AMEND the Zoning Regulation Section 54.3.5 to clarify that a Mixed-Use (MU) sub-zone must include non-residential uses.
Petitioner: Old Saybrook Zoning Commission.
ACTION: Set Effective date for 8/5/2013 adopted amendments.
The Commission at its last regular scheduled meeting failed to set an effective date for the above amendment. C. Costa stated that approvals need to be re-advertised with an effective date.
MOTION to set effective date of the August 5, 2013 adopted amendments as September 9, 2013; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, E. Steffen, J. Talbott; OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0.
B. Application for Minor Modification to Special Exception #12-221 for Tractor Supply Company, to extend and modify light pole heights.
401 Middlesex Turnpike, (Map 52/Lot 96)
Business B-4 District, Aquifer Protection Area
Applicant: NERP Holdings & Acquisitions, LLC, Agent: James Cassidy P.E.
ACTION: Review request for minor modification, Deliberate and act.
ZEO C. Costa stated that she received written correspondence from Agent Jim Cassidy withdrawing the application for the above minor modification to special exception #12-221.
VI. NEW BUSINESS
A. Application for Certificate of Zoning Compliance #12-154 & Coastal Site Plan Review
18 Riverside Avenue (Map 59/Lot 97, Marine Commercial MC District, CT River Gateway Conservation Zone, Coastal Area Management Zone
Applicant: RAP Riverside Drive, LLC Agent: Attorney John Bennet
ACTION: Review and act.
Seated for regular commission member G. Lewis was alternate T. Farnham.
Atty. John Bennet spoke in regards to the construction of docks at 18 Riverside Ave. Site plans were distributed and reviewed by commission members. Proposed are 2 docks with a total of 18 slips. There are 24 parking spaces proposed. Four for the building 1 space each per slip. All structures have been removed from the property.
Atty. Bennet introduced Mr. Keith Neilson, P.E. who then went over the site plans in further detail. Discussion took place in regards to the CJL (Coastal Jurisdiction Line) and what activities would fall into the purview of the Zoning Commission. Light pole height & lighting, signage, vegetation, pervious driving surfaces and retaining wall(s) were discussed.
R. Friedmann asked the applicant to state the height of the light poles on the plans. In addition, he reminded the applicant that painted signage is not allowed on the building and that the actual size of the signage stated must be exact not approximate and not exceed 100 sq. ft.
Atty. Bennet stated that the Harbor Management Commission, Architectural Review Board, Gateway Commission, CREPA and the Old Saybrook Fire Marshall have no concerns with this project. All pertinent permit(s) from the CT DEEP for all activities beyond the CJL have been issued.
At this time Atty. H. Brian Dumeer representing Oak Leaf Marina asked to speak. Atty. Dumeer advised the Commission of certain property easements that affect his client’s properties of 22 Riverside Ave. and 228 Ferry Rd. as well as the applicant’s property at 18 Riverside Ave. Property owner, Mr. Scott Masse addressed the Commission as well in regards to the history of the properties.
Atty. Bennet stated that his client is more than willing to work with Oak Leaf Marina in addressing any easement concerns. R. Friedmann stated that the concerns brought forward were not within the jurisdiction of the Zoning Commission and that they would need to be handled amongst property owners.
MOTION to approve Coastal Site Plan Review with the following conditions: 1.)light poles on the plan be shown to not be more than 14ft. from grade to top, 2.)sign will not be painted on building nor will it exceed 100 sq. ft.; also approved is certificate of zoning compliance 12-14; MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, M. Fish, T. Farnham, E. Steffen, J. Talbott; OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0.
VII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
All-Test Pro, LLC.
C.Costa gave Commission members information pertaining to All-Test Pro, LLC. which included a Certificate of Zoning Compliance, statement of use, copy of an email from Jorgen Bjorkman dated July 26, 2013 to C. Costa and a copy of B-100a Application from the CT River Area Health District.
The Commission stated they would like All-Test Pro, LLC. to appear before the board at its next regular scheduled meeting in order to discuss this matter further.
Max’s Place – Kohl’s
Kohl’s is concerned that their statement of use is fixed and requests that the ZEO grant them “safe harbor” permission for instances where they may for instance stay open later for special promotions, etc. C. Costa stated she will correspond with them on this and reassure them that this won’t constitute a zoning violation.
Ferry Rd. Dock-Clark St.- Ferry Point
The ZEO stated that there is presently no application pending but that this matter can be handled administratively so long as the number of docks remains the same and there are minimal site changes. If additional dock slips or changes are proposed the ZEO will return to the Commission.
IWC Representative
Elizabeth Steffen stated that she attended her 1st meeting as the IWC representative for the Zoning Commission.
VIII. ADJOURNMENT
MOTION to adjourn the meeting at 9:45 p.m. until the next Regularly Scheduled meeting of the Zoning Commission which will be Tuesday, September 3, 2013 at the Old Saybrook Town Hall, 1st Floor Conference Room, 302 Main Street at 7:00 p.m.; MADE: by G. Lewis; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, E. Steffen, J. Talbott; OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0.
Respectfully Submitted,
Melanie Roberts, Recording Clerk
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