REGULAR MEETING MINUTES
Monday, October 7, 2013 at 7:00 p.m.
Town Hall, 302 Main Street
1st floor conference room
I. CALL TO ORDER
R. 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 (arrived 7:03 p.m.)
Elizabeth Steffen, Regular Member
John Talbott, Regular Member
J. Colin Heffernan, Alternate Member (arrived 7:03 p.m.)
Absent Members
Robert E. Richards, Alternate Member
Thomas Farnham Jr., Alternate Member
Attendant Staff
Chris Costa, Zoning Enforcement Officer
Melanie Roberts, Administrative Clerk
There were 7 members of the audience present.
MOTION to approve the Regular Meeting Minutes from September 16, 2013 MADE: by E. Steffen; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, M. Fish, E. Steffen, J. Talbott; OPPOSED: 0; ABSTAINING: 0. APPROVED: 4-0-0.
MOTION to pay invoice # 78360, 78361, 78362, 78330, 78331, 78332, 78333, 78334, 78335, 78336, 78337, 78338, 78339, 78340, 78341, 78342, 78343, 78344, 78345 & 78346 from Nathan L. Jacobson & Associates, Inc. totaling $7,901.75; MADE: by E. Steffen; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, E. Steffen, G. Lewis, J. Talbott; OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0.
MOTION to pay invoice # 34360 & 34361 from Branse, Willis & Knapp, LLC. totaling $666.00; MADE: by E. Steffen; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, M. Fish, E. Steffen, G. Lewis, J. Talbott; OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0.
IV. CONTINUED PUBLIC HEARINGS
A. Petition to Amend the Old Saybrook Zoning Regulations Section 9.1, Definition of Developable Land (Incentive Housing Zone) Section C, to exempt land proposed to be conveyed or proposed to be conveyed from a third party from the definition of developable land prior to Zoning Commission endorsement of site plan, per Section 51.10.
Petitioner: Eastpointe, LLC Agent: Edward M. Cassella, Esquire
ACTION: Close by 10/7/2013 (NLT 10/20/2013); Deliberate and Act.
Chairman Friedmann opened the above mentioned public hearing. J. Colin Heffernan was seated for G. Lewis. R. Friedmann states although he was absent for the last meeting he did review the audio recording and feels qualified to vote on this matter.
Atty. Cassella gave a quick overview of what was discussed at the last meeting and also reviewed the text amendment change that was given to the Commission at the last meeting.
Discussion took place between Atty. Cassella and the Commission in regards to the term “undevelopable land” and its meaning. Chairman Friedmann and the Commission had strong feelings regarding the ramifications of transferring land to a third party and calling it undevelopable in order to reduce the applicant’s acreage/density requirements. The consensus of the Commission was that if this occurred, the third party land holder can now develop that portion of land if he/she chose. In essence, making it developable land.
After a lengthy discussion regarding the wording of this amendment and no public comment, Atty. Cassella reworded letter (C) as follows:
land proposed by the developer to be or otherwise subject to an enforceable restriction on or prohibition of development, or land proposed to be conveyed to the State of Connecticut or Town of Old Saybrook or to a third party subject to an enforceable restriction on or prohibition of development and which land is excluded from the incentive housing development, and which restriction, prohibition or conveyance will take place prior to the endorsement of the site plan by the Commission pursuant to Section 51.10;
R. Friedmann asked for comments from the public regarding this change to the text.
Eleanor LaPlace of 4 Fourth Avenue raised concerns regarding traffic safety issues, quality of life, rents being too high, and the overall viability of the project.
There was a consensus amongst commission members that this was an allowable change pertaining to what was previously advertised.
MOTION to close the public hearing; MADE: by E. Steffen; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, E. Steffen, J. Talbott, J. Colin Heffernan; OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0.
MOTION to approve the petition for text amendment to the Old Saybrook Zoning Regulations Part 1 letter (C) as indicated by the latest draft mentioned above ; MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: M. Fish, E. Steffen, J. Talbott, J. Colin Heffernan; OPPOSED: R. Friedmann; ABSTAINING: 0; APPROVED: 4-1-0.
MOTION to set effective date as October 21, 2013; MADE: by R. Friedmann; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, M. Fish, E. Steffen, J. Talbott, J. Colin Heffernan; OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0.
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: 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: Deliberate and act.
R. Friedmann opened both of the above mentioned public hearings. The negative referral from the planning Commission was discussed amongst members.
Also discussed was the intention of these amendments to promote mixed use and a more transit oriented way of life in this area. Discussion took place in regards to process of removing an Incentive housing Zone once it has been overlaid and the ownership of parcels in this area.
R. Friedmann stated that there was no public comment from land owners after the Commission mailed letters to everyone affected by this possible change. He then asked for comments from the public present.
Eleanor LaPlace of 4 Fourth Avenue stated that she has nothing against affordable housing but has many safety & health concerns.
Traffic concerns were discussed by Commission members. R. Friedmann asked if the Commission can get input from Police Chief Michael Spera. It was also suggested that these concerns be brought up at the October 16th DOT meeting.
MOTION to continue both public hearings until the Zoning Commission’s next regularly scheduled meeting of November 4, 2013; MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, M. Fish, E. Steffen, J. Talbott, J. Colin Heffernan; OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0.
V. NEW BUSINESS
- Referral from Planning Commission: Regional Plan of Conservation & Development
ZEO C. Costa asked for the Commissions’ input regarding the Regional Plan of Conservation & Development. Chairman Friedmann stated he would answer and email C. Costa responses to the questions presented in a memo dated September 3, 2013 from Cathryn M. Flanagan on behalf of the Zoning Commission.
E. Steffen suggested that the proposed calendar be checked against the Jewish calendar. She will provide a copy of the Jewish calendar to S. Lyons before the Commission approves the proposed calendar.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
IWWC representative E. Steffen gave a brief summary of the agenda items currently before that Commission.
J. Colin Heffernan stated he has volunteered to serve on the Tri-Town Route 1 Advisory Committee whose first meeting is on October 10th.
Stop & Shop Pick-up Service
ZEO C. Costa distributed a handout regarding the new service that Stop & Shop is currently offering. Customers can now go on-line, order their groceries, and pick them up at the store without having to get out of their car. Concerns regarding parking and pick-up and gross floor area being expanded were discussed. The Commission asks that Stop & Shop come before them to discuss this matter and apply for an application for the expansion of the business on the property.
Urgent Care #15-19 Main Street
An emergency/walk-in medical center would like to conduct business in the old Foodworks establishment. Email correspondence from Alex Walker of Prospect Property Group to C. Costa were distributed to Commission members. Commission members agreed that this would be a special exception modification in a pedestrian node.
The Castle #12 Billow Road
ZEO C. Costa has received complaints from the neighbor and is being asked to file a violation and issue a cease and desist order for running a commercial business from this location. C. Costa states the Castle is a vacation rental home and cannot provide any evidence that they are renting tables/chairs, providing catering services, etc. and if she writes up a cease and desist order she has no physical evidence to legally back this up.
The Commission states that this is a low priority action item and there is no enforceable evidence to act upon.
Madison Avenue East 1254 Boston Post Road
C. Costa gave Commission members a copy of a letter dated September 26, 2013 from the owner of this establishment. The owner states he is upset regarding the letter he received stating his sign is out of regulation and goes on to point out several other area establishments who are also out of compliance. C. Costa states she spoke to the
owner and stated that he as not the only business in town who received a sign enforcement letter. C. Costa asked the Commission if they wanted to address the owner as well on this matter and the Commission agreed that her phone call was sufficient.
VII. ADJOURNMENT
MOTION to adjourn the meeting at 9:26 p.m. until the next Regularly Scheduled meeting of the Zoning Commission which will be Monday, November 4, 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, E. Steffen, J. Talbott, J. Colin Heffernan; OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0.
Respectfully Submitted,
Melanie Roberts, Recording Clerk
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