Town of Old Saybrook
Zoning Commission
SPECIAL MEETING MINUTES
Monday, February 10, 2014 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 C. Friedmann, Chairman
Madeleine B. Fish, Vice Chairman
J. Colin Heffernan, Alternate Member
John Talbott, Regular Member
Deborah Warren, Alternate Member
Thomas Farnham, Alternate Member
Marc Delmonico, Regular Member
Absent Members
Geraldine Lewis, Secretary
Attendant Staff
Chris Costa, Zoning Enforcement Officer
Michele Baldi, Administrative Clerk
MOTION to approve the Regular Meeting Minutes from November 18, 2013; MADE: by R. Friedmann; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, M. Delmonico, J. Colin Heffernan, OPPOSED: 0; ABSTAINING: 0. APPROVED: 5-0-0.
MOTION to pay invoice 79032(360.13), 79031($180.00), 79030($390.09), 79029($187.69), 79028($369.43), 79027($83.28), 79026(721.27), 79025($1017.01), 79024($120.25), 79022 (301.67) from Nathan L. Jacobson & Associates, Inc. totaling $3731.07 MADE: by Robert Friedmann ; SECONDED: by Madeleine B. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, M.Delmonico, and J. Collin Heffernan. OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0
MOTION to pay invoice 35201 ($57.00), 35202 ($203.50), 35203 ($55.50) and 35205 ($37.00) from Branse, Willis & Knapp, LLC totaling $353.00 MADE: by Robert Friedmann ; SECONDED: by Madeleine B. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, M.Delmonico, and J. Collin Heffernan. OPPOSED: 0; ABSTAINING: 0; APPROVED: 5-0-0
C. ELECTION OF OFFICERS
MOTION to nominate Robert Friedmann to continue as Chairman of the Zoning Commission; MADE: by M. Fish; SECONDED: by C. Heffernan; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, M. Delmonico, and J. Collin Heffernan; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
MOTION to close nomination and unanimously elect R. Friedmann as Chairman; MADE: by C.Heffernan; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott; M. Delmonico, and J. Collin Heffernan OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to nominate Madeleine Fish to continue as Vice Chairman of the Zoning Commission; MADE; by J. Talbott; SECONDED: by M. Delmonico; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, M. Delmonico, and J. Colin Heffernan; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
MOTION to close nomination and unanimously elect Madeleine Fish as Vice Chairman; MADE: by R. Friedmann; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, M. Fish, John Talbott, M. Delmonico and J. Colin Heffernan OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to nominate Geraldine Lewis to continue as Secretary of the Zoning Commission; MADE: by J. Talbott; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott; M. Delmonico and J. Colin Heffernan OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to close nomination and unanimously elect Geraldine Lewis as Secretary; MADE: by R. Friedmann; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, M. Delmonico and J. Colin Heffernan OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
IV. NEW BUSINESS
A. “Police Services” Minor Modification to Site Plan
312 s.f. communications equipment building
225 Main Street (Map 30/Lot 58)
Central Business B-1 District, Coastal Area Management. Zone, Pedestrian Node
Petitioner: Board of Selectmen Agent: David M. Royston, Esquire
Action: Decision by 4/7/2014 (NLT 4/8/2014)
Attorney Sylvia Rutkowska presented on behalf of Attorney David Royston. Attorney Rutkowska described the site and the request for minor modification. In 2009, the Department of Police Services was offered a 12’ x 26’ communications building. A temporary Certificate of Zoning Compliance was granted so that the building could be moved in a timely manner to 325 Main Street. The Applicant agreed to return to the Zoning Commission for a formal modification of the site plan.
The plan presented showed an exit drive from that is presently not located on the property. Robert Friedmann expressed concerns regarding the perimeter landscaping buffer and that trap rock was not a landscaping material. The property to the west of 225 Main Street is located in the Residence A District and a 20’ perimeter landscaping buffer is required due to the location of the site next to the residence district boundary line.
Attorney Rutkowska and the Zoning Enforcement Officer advised that a variance application was being sought for the 20’ perimeter landscaping buffer along the southerly property line and that the first night of the public hearing for the special exception application for the new Police Department would be before the Commission at their next meeting. The proposal this evening is a housekeeping matter and the Commission was advised that they could comment on both 25 Main Street and 36 Lynde Street.
Chairman Friedmann and Commissioner Heffernan indicated that they preferred to hear both matters on the same evening rather then make a decision and then hear more information at the next meeting.
MOTION to continue matter to the next regularly scheduled meeting of the Zoning Commission which will be held on Tuesday, February 18th, 2014 at the Old Saybrook Town Hall 1st Floor Conference Room, 302 Main Street at 7:00 MADE: by R. Friedmann, SECONDED: by C. Heffernan, VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, M. Delmonico, and J. Colin Heffernan OPPOSED: none; ABSTAINING: none, APPROVED: 5-0-0.
B “Mike’s Deli” Bond Release
SPEX/CSP #09-149 Restaurant Addition, Original Bond: $900 SE/SC
1522 Boston Post Road, Map 26/Lot 28
The Zoning Enforcement Officer advised the Commission that site improvements and final inspections were conducted several years ago and the soil erosion/sedimentation control bond was never released.
MOTION to release the SE/SC bond to Mike’s Deli, in the amount of $900 MADE: by R. Friedmann, SECONDED: by J. Talbott, VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, M. Delmonico, and J. Colin Heffernan OPPOSED: none; ABSTAINING: none, APPROVED: 5-0-0.
C. Discussion: Building/Structure Coverage
Requested by Attorney Edward Cassella
Attorney Edward Cassella appeared to discuss an inconsistency that he discovered in the calculation of building/Structure coverage and requested that the Commission provide guidance on how to interpret the regulation.
The Commission has historically calculated building/structure coverage to the “drip line” which includes eaves and other architectural projections as described in Section 68.2.4c of the Regulations.
The definition of building/structure coverage clearly calculates coverage to the “drip line”and then the text continues on to exclude architectural projections as permitted under 68.2.4c.
The Commission had an in depth discussion of projections allowed to extend in the setback including eaves and overhangs. The discussion focused on how the language in Section 68.2.4c and the definition of building/structure coverage interacted with each other.
The Commission agreed with Attorney Casella that eaves and other architectural projections as allowed under Section 68.2.4c should not be included in the building/structure coverage calculations from this point forward. The Commission requested a memorandum be sent to the Zoning Board of Appeals to advise them of this interpretation.
A lengthy discussion was held on how to amend the definition of building/structure coverage in the future. Members agreed that they preferred to calculate to the drip line. The Commission additionally came to the consensus that the regulation should be changed to allow for the exclusion of architectural projections allowed to extend into the setback for coverage only for pre-existing non-conforming lots of less than 12, 500 s.f. in total lot area.
The Commission requested that the Zoning Enforcement Officer prepare this amendment and including it in the next round of amendments to the Zoning Regulations whenever that may be.
- COMMITTEE, REPRESENTATIVE & STAFF REPORTS
- R. Friedmann discussed that a Turf Management Committee is being formed for the high school field and two volunteers from the Commission were needed. R. Friedmann and M. Fish volunteered to join this committee.
- R. Friedmann informed that a new Sea Level Rise Committee is being formed and new members are needed.
The Zoning Enforcement Officer discussed the following:
- 1333 Boston Post Rd. will be Tequilas Authentic Mexican Restaurant. Zoning Commission okayed ZEO to handle administratively. Special Exception Use to Special Exception Use.
- OSZC v. Bessoni, 22 Denmore- A Court Appearance filed.
- Lovely Nails, Main Street propose light rimming window. ZC says ok as long as no light trespass over line.
- 899 BPR v. OSZC – Attorney Knapp advised that negotiations between 899 Boston Post Rd. and 901 Boston Post Rd appear to be ending. Court scheduling order to resolve matter.
- Tractor Supply, Co., 401 Middlesex Turnpike- The wrong free-standing sign was installed on the property. The Zoning Commission requested that they would prefer the approved sign and that the existing sign must be removed and replaced. Roof top mechanicals are visible on the north side of the building. Tractor Supply is going to attempt to paint the mechanicals and then determine if the mechanicals should be shielded.
- Sams Wall, 9 Rivers Edge Rd., ZEO gave the enforcement and legal history for new members. The matter started in 2004. DEEP approved Restoration Plan/Removal Order on 2-7-14. Wall will need to return to the Zoning Commission for a Special Exception Permit.
- Gladeview, Boston Post Road - The ZEO discussed a proposed lot line change for that would reduce the amount of land at the convalescent home to less than what was shown on the original Commission approval.. ZC requested to see plan and determine if constitutes modification of approval.
- Vapor Lounge, 1610 Boston Post Road – new e-cigarette store opened.
- Carquest Auto Parts was bought out by Advance Auto. The Carquest store on Main Street will be closed.
VI. ADJOURNMENT
MOTION to adjourn the meeting at 9:00 pm until the next Regularly Scheduled meeting of the Zoning Commission which will be Tuesday, February 18, 2014 at the Old Saybrook Town Hall, 1st Floor Conference Room, 302 Main Street at 7:00 p.m.; MADE: by R. Friedmann SECONDED: M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, M. Delmonico, and J. Colin Heffernan, OPPOSED: 0 ; ABSTAINING: 0 ; APPROVED: 5-0-0 .
Respectfully Submitted,
Michele Baldi, Recording Clerk
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