TOWN OF OLD SAYBROOK
ZONING COMMISSION
REGULAR MEETING MINUTES
Monday, May 5, 2014 – 7:00 P.M.
Town Hall, 302 Main Street
1st floor conference room
I. CALL TO ORDER
Vice Chairman Madeleine Fish called the meeting to order at 7:00 p.m.
II. ROLL CALL
Attendant Members
Madeleine Fish, Vice Chairman Absent Members
Robert Friedmann, Chairman
Geraldine Lewis, Secretary Thomas Farnham, Alternate Member
John Talbott, Regular Member Deborah Warren, Alternate Member
Marc Delmonico, Regular Member
J. Colin Heffernan, Alternate Member
Attendant Staff
Christina M. Costa, Zoning Enforcement Officer
J. Colin Heffernan was seated for Robert Friedmann.
III. REGULAR BUSINESS
A. MINUTES
The Commission reviewed the meeting minutes of April 21, 2014.
ZEO Costa advised that no new correspondence has been received.
Vice Chairman Fish discussed an e-mail regarding a possible lift of 3 year wind turbine ban by the CT Siting Council.
IV. PUBLIC HEARINGS
- Application for Special Exception/Coastal Site Plan Review Application, Reconstruct Gabion Wall along Connecticut River
9 River Edge Road, Map 64/Lot 19 & 19-1, Residence AA-3 District, Coastal Area Management Zone, Gateway Conservation Zone
Applicant: David & Betsy Sams/James & Jean Nichols Agent: Keith Neilson
Chairman Fish opened the public hearing.
Keith Neilson of Dock Co, Inc. presented an overview of the property and history of the gabion wall that was constructed without permits. A DEEP enforcement order requires partial removal of the wall and restoration of the slope back to a more natural state. The wall runs 25 feet onto the Nichols property and when constructed was believed to be entirely on 9 River Edge Road. Mr. Neilson discussed the proposal to remove the wall, stabilize the slope and restore vegetation to provide a new bank that will be beneficial to the environment.
Vice Chairman Fish discussed the history of the wall including enforcement action taken by the Zoning Commission, CT DEEP and CT River Gateway Conservation Commission. The DEEP Order requires removal of sections of the wall by May 30, 2014.
The Zoning Enforcement Officer informed the Commission that the property is being considered by the State Historic Preservation Board for nomination to the National Register of Historic Places since the property may be part of the British Raid on Pettipaug Lower CT River Valley Battlefield Quarter Corridor. ZEO Costa advised that she spoke with Coleman Levy, Legal Counsel for the Sams and they agreed that the permitting for the Special Exception should continue and if the property is considered historic and the wall must remain that the applicant would return for a modification to the Special Exception Permit to keep the wall. Ms. Costa discussed the matter with Attorney Branse who agreed that a permit is required and that the permitting process should continue despite the possible historic
designation.
The Zoning Enforcement Officer entered into the record referral responses received.
Colin Heffernan questioned jurisdictional priority since the court is requiring removal of the wall and the CT DEEP, State Historic Preservation, Gateway Commission and Town are all stake holders.
ZEO Costa advised that both DEEP and Town permits are required for the restoration project.
John Talbott questioned the timeline for completion of construction and start date. K. Neilson responded that work will commence within two weeks of the appeal period and the project is expected to be complete within two months depending on weather and unanticipated delays.
Colin Heffernan questioned if Mr. Neilson took the position that the project as presented would satisfy the concerns of DEEP, Gateway and the Court Order. Mr. Neilson stated that in his opinion the project will satisfy all parties while protecting and improving the environment.
Mark Delmonico questioned who will monitor the project after completion and what will happen if a heavy rainfall or storm event occurs during the construction phase of the project. Neilson responded that he anticipates that heavy rain during a storm event will cause erosion and make a mess. The Applicant will be responsible to restore any erosion. Neilson discussed the difficulty in finding a reputable contractor for the job and concerns that arose during the bidding process. The contractor for the project will provide a one year guarantee for landscaping and slope stabilization.
The Commission discussed comments from CT DEEP Office of Long Island Sound Programs, the CT River Gateway Commission and Geoff Jacobson, Town Engineer.
V. DISCUSSION:
- Stipulated Agreement of Basser Kaufman & 899 Boston Post Road. LLC.
899 & 901 Boston Post Road, B-2 District, Pedestrian Node
ZEO Costa advised that Attorney Cassella on behalf of 899 Boston Post Road, LLC. has requested the continuation of the matter to the May 19, 2014 meeting. Attorney Royston on behalf of Basser Kaufmann, LLC. is awaiting a response on a cross-easement agreement and has no choice but to go along with the request for continuation.
VI. NEW BUSINESS
The Zoning Enforcement Officer reported on all outdoor seating renewals received since the April 7, 2014 meeting.
The Blue Crab, J.A.M.S.S., Otter Cove, Paesan’s Pizza, Starbucks, Tequila’s, Tissa’s and the VFW have not responded to follow up letters and calls. The Commission instructed the ZEO to handle administratively rather than keep continuing the matter to the next agenda.
Fresh Salt, Fiore’s, Rio Café, Saybrook Soup & Sandwich & T.J.’s have requested more seating than allowed. The Commission instructed the ZEO to send letters to these restaurants advising that the only the maximum allowed is permitted and that restaurants that have requested seating beyond what is allowed for the past years will be prioritized for compliance inspections.
All other applications were submitted in compliance with the Zoning Regulations.
VII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
The Zoning Enforcement Officer Reported on the following:
Tractor Supply, Middlesex Turnpike has not provided a new proposal to screen rooftop mechanicals. The Commission instructed the ZEO to write a follow up letter on their behalf.
Max’s Place, Spencer Plain/Boston Post Road – Sign installers have contacted the ZEO for permitting advice for approved signs and signs for newly leased space. The ZEO asked the Commission if they would like to review these signs as they are submitted. Modifications to approved signs and new signs will require review by the Architectural Review Board. The Commission advised the ZEO to handle minor amendments to awning colors and signs for newly leased space administratively as long as ARB approval is granted and the changes are consistent with approved plans.
Max’s Place, Spencer Plain/Boston Post Road – Max’s Place is interested in applying for a second free standing multi-tenant directory sign which is now permitted through recent amendments to the sign regulations. The sign will need ARB approval and will be a modification of the Max’s Place Special Exception. The Commission concurred with the ZEO.
Public hearing for the Commission’s housekeeping text amendments will be held in June.
19 Bridge Street –After much consideration over the demolition of the existing structure the ZEO denied the application for Certificate of Zoning Compliance after obtaining a legal opinion that the variances were extinguished when the structure was removed.
The CT River Gateway Cruise is filling up quickly and request for a confirmation that members who expressed interest were positively going to attend.
VIII. ADJOURNMENT
MOTION to adjourn the meeting at 8:33 pm until the Regular Meeting of the Zoning Commission on Monday, May 19, 2014 in the 1st Floor Conference Room; MADE: by G. Lewis; SECONDED: by J. Talbott.; VOTING IN FAVOR: M. Fish, G. Lewis, J. Talbott, M. Delmonico and J.Heffernan. ABSTAINING: OPPOSED: None. APPROVED: 5-0-0.
Respectfully submitted,
Christina M. Costa, CZEO
Acting Recording Clerk
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