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Zoning Commission Minutes 08/18/2014
REGULAR MEETING MINUTES
Monday, August 18, 2014 – 7:00 P.M.
Town Hall, 302 Main Street
1st floor conference room

I.      CALL TO ORDER

        Chairman Robert Friedmann called the meeting to order at 7:05 p.m.

II.     ROLL CALL

        Attendant Members                                               Absent Members
        Robert Friedmann                                                Thomas Farnham
        Madeleine Fish
        Geraldine Lewis
        John Talbott
        Marc Delmonico
        J. Colin Heffernan
        Deborah Warren

        Staff Present
        Christina M. Costa, Zoning Enforcement Officer
        Joanne Kegel, Recording Clerk

        9 members of the public were present

III.    REGULAR BUSINESS
        
  • MINUTES
        The Commission reviewed the meeting minutes of June 16, 2014.

MOTION to approve the regular meeting minutes of June 16, 2014 as presented. MADE:  G. Lewis; SECONDED: R. Friedmann; VOTING IN FAVOR: R.       Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED:None. APPROVED: 5-0-0

  • CORRESPONDENCE
        
        The Commission approved payment of the bills presented.




        
MOTION to pay bills from Branse & Willis totaling $2,275.50; #36195-$74.00, #36198-$37.00, #36199-$203.50, #36200-$,1073.00, #36416-$166.50, #36371-721.50. MADE: G. Lewis; SECONDED: M. Fish; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED:   None.   APPROVED: 5-0-0

MOTION to pay one bill from Wolfram Design #3434-$230.00. MADE: R. Friedmann; SECONDED: M. Delmonico; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED:     None.   APPROVED: 5-0-0

MOTION to pay bills from Nathan Jacobsen & Assoc. totaling $2,197.05; #79975-$786.01, #79977-$380.49, #79979-$128.35, #79978-$781.95, #79976-$120.25. MADE: G. Lewis; SECONDED: M. Delmonico; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED:     None.   APPROVED: 5-0-0


IV.      PUBLIC HEARINGS

  • “Eastpointe” Incentive Housing Development – 186 units (10.78 ac.)
  • 7 North Main Street (Map 40 /Lots 5 & 6-1 and Map 39 / Lot 9) Shopping Ctr. Bus. B-2 District, Ped. Node, Incentive Hsg. IH Zone (Multi-Family MF Subzone)
  • Applicant: Eastpointe, LLC., contract purchaser~       Agent: Edward M. Cassella, Esq
The Applicant, Eastpointe, LLC requested and was granted a continuation of the opening of the public hearing until the next meeting on September 2, 2014.   

B.     “Enterprise Rent-a-Car”  Application for Mod. to Special Exception
434 Boston Post Road (Map 42/Lot 17), Gateway Business B-4 District
Applicant:  Enterprise Holdings, LLC         Agent:  Joseph Wren, P.E.

The Chairman opened the public hearing at 7:15 p.m.

Joseph Wren, Agent and Project Engineer, of Indigo Land Design, presented the plan to expand and modify the existing building at 434 Boston Post Road proposing a garage addition to the east side of the existing building to be used as a car wash and adding a new peaked roof over the entire building.  Mr. Wren stated that the car wash would be used for Enterprise’s rental fleet only and the water would be contained in a holding tank. Kevin Kolstad, Operations Manager of Enterprise Holdings, explained that the principal use as a rental car office would not change.  The parking lot would remain the same.  No new signs or site lighting are proposed. Landscaping will be enhanced on the east side of the property.

Joe Bergen of Joseph Bergen Architects of 28 Main Street, Essex CT, explained the alterations to the roof as gabled with asphalt shingle.   The siding will be vinyl, and an unused chimney is to be removed.

Correspondence was received from Don Lucas-O.S. Building Official, Chief J.T. Dunn of the Old Saybrook Fire Department, and Don Dobson-Fire Marshall, all stating no concerns or objections to the plan. The Architectural Review Board and the Economic Development Commission both


recommended enhancement of landscaping on the front northern grass covered curb. Mr. Wren will investigate the possibility with the State D.O.T.   The EDC also recommended moving the garage bay door to the side of the building.  Mr. Wren replied that moving the door is not practical due to limit of access.  The Chairman suggests addition of a landscape buffer inside the curb on the Enterprise property to reduce some asphalt from one oversized parking space as a condition of plan approval.  The Applicant consented.

MOTION to close the public hearing for Enterprise Rent-a-Car”  Application for Mod. to Special Exception 434 Boston Post Road (Map 42/Lot 17), Gateway Business B-4 District. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0

MOTION to approve Enterprise Rent-a-Car”  Application for Mod. to Special Exception
434 Boston Post Road (Map 42/Lot 17), Gateway Business B-4 District with the condition of addition of landscaping less than 30 inches in height on the lot inside the grass covered curb on the northwest corner of the property. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED:         None.   APPROVED: 5-0-0
 
V.      NEW BUSINESS

  • Application for Minor Modification of  Special Exception permit  # 13-025,  for six hotel rooms accessory to Saybrook Point Inn; 13,820 s.f., 19 Bridge Street, Map 24/ Lot 54, Saybrook Point SP-3 District, Gateway Conservation Zone, CAM Zone
    Applicant:  Saybrook Point Marina, LLC         Agent: David M. Royston, Esq.

Attorney David Royston explained that this was a “before the fact” minor modification. He explained the variances that were obtained in 2013.  The minor modifications relate to a reduction in the size of the building, a proposed open wood arbor seating area and fountain on the south side of the building and the handicap access ramp being moved to the rear of the building.  The walkway would be extended to the open arbor.  A larger sign of not more that 5 ft. 6 in. in height is being proposed for review by the Architectural Review Board. The building was built as new construction and meets the height requirements for the new flood zone.

The Commission questioned the wood arbor as a possible “structure”, plus eight brick posts on the east side of the drive.  Mr. Royston explained that the brick piers are not meant to be a fence and are part of the landscaping and were approved by the fire department.

The driveway was originally approved as pervious material, process stone.  Mr. Royston is requesting Blue Stone pavers be used in the parking stalls only. The Commission questioned adding pavers to the impervious allowed area that was approved and Mr. Royston assured that the impervious area will still be comply with the approved allowance.

The Commission agreed with review of the signage by the Architectural Review Board, and administrative approval of the signage by the Zoning Enforcement Officer.  The Commission determined that the application and revisions are a minor modification to the Special Exception permit.



MOTION to approve the Application for Minor Modification of Special Exception permit  # 13-025,  for six hotel rooms accessory to Saybrook Point Inn; 13,820 s.f., 19 Bridge Street, Map 24/ Lot 54, Saybrook Point SP-3 District, Gateway Conservation Zone, CAM Zone with conditions that the proposed sign height not be higher than 5 ft. 6 inches and the design must be reviewed by the Architectural Review Board and can be administratively approved by the Zoning Enforcement Officer.  The Parking spaces can be replaced with a solid bluestone surface. The open wood arbor is approved as part of the modification.  The CAM application is approved as it is consistent with all applicable coastal policies and makes all reasonable measure to avoid adverse impacts. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0

  • Application for Minor Modification of Special Exception permit  # 10-130, for 4,829 s.f. of accessory hotel suites/rooms at 21 Bridge Street, Map 24/Lot 53, SP-3 District, Gateway Conservation Zone, CAM Zone  Applicant:  Saybrook Point Marina, LLC,  Agent: David M. Royston, Esq
Attorney David Royston explained that the application is an after-the-fact requested minor modification to the approved plan regarding landscaping, parking and sidewalks.

Tom MacDonald of East Wharf Architects in Madison explained the modifications as a change in location of the handicap parking space, addition of a hybrid car charging station, changes to the walkway, and addition of brick posts in the front.  Landscaping changes include a reduction in the number of existing trees, addition of new shrubs which are larger than planned, and the addition of mulch with ground cover instead of grass for less maintenance.  The landscaping square footage was reduced for parking spaces #1-4. The commission was to determine if the alteration in sq. ft. of the landscaped areas is minor or major.  The consensus is that the change is minor.   

MOTION to approve the Application for Minor Modification of Special Exception permit  # 10-130, for 4,829 s.f. of accessory hotel suites/rooms at 21 Bridge Street, Map 24/Lot 53, SP-3 District, Gateway Conservation Zone, CAM Zone with conditions that the brick piers in front be no less than 4 ft. in height with no lighting or signs, and that the handicap parking must be reviewed and modified if necessary for ADA compliance.  The CAM application is approved as it is consistent with all applicable coastal policies and makes all reasonable measure to avoid adverse impacts. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0

VI.     COMMITTEE, REPRESENTATIVE & STAFF REPORTS

Zoning Enforcement Office Chris Costa discussed and requested that the Commission approve that minor modifications to special exception permits for the following properties, be handled administratively by the Zoning Enforcement Officer:

Max’s Place, Route 1 & Spencer Plains Road:
Request for Minor Amendment to Special Exception Approval to add language to modify condition BB of the approval to permit exclusive outdoor seating for the 4,000 s.f. retail/restaurant tenant for


Building B as described in Attorney David Royston’s letter dated August 18th.   The Commission approved that the ZEO may administratively approve this minor modification.

The Zoning Enforcement Officer informed the Commission that Five Guys  Restaurant is looking to occupy the space formerly permitted for Panera Bread.  The Commission authorized the ZEO to handle the matter administratively since it is a Special Exception Use to a Special Exception Use.

The ZEO requested that the landscaping bond for any remaining or non-compliant site landscaping and for second year growth for the entire property will be provided prior to the issuance of a Certificate of Occupancy for Kohl’s retail store rather than the opening of Big Y.  The Commission approved that the ZEO may handle this matter administratively.

633 Middlesex Turnpike-Lawrence & Memorial Medical Building:
Another medical facility is proposing to lease the existing medical building at 633 Middlesex Turnpike.  The prospective tenant is requesting that a generator be allowed in one of two locations. The Commission determined that option B closest to the highway is preferred for the generator and is furthest away from the residences on Brenda Road.  The sign will remain with the name of the new tenants. A new sign application will be submitted to the ARB once the medical facility updates its logo. The Commission approved that the ZEO may administratively consider as a Special Exception Use to a Special Exception Use.

Old Saybrook Police Department, Lynde Street:
The Zoning Enforcement Officer presented a request from the First Selectman on behalf of the OSPD. The OSPD requests a minor modification regarding an emergency exit road originally proposed from Lynde Street easterly out to Main Street.   The current request is for a modification to exit on an emergency basis into the St. John Church parking lot and eliminate the Main Street access road.  The Diocese has approved permission for this request to exit only in an emergency situation if exiting on to Lynde Street was not possible. The Commission approved that the ZEO may administratively approve this minor modification.

David & Betsy Sams, 9 River Edge Road-Modification Request:
Because of the multiple modifications of the approved restoration Plan submitted to the DEEP, the proposed plantings will be modified to plants that are presently available. Commission agrees that such modifications will be under enforcement of the DEEP requirements.

Chris Costa requested an interpretation of motor vehicle service stations and fuel dispensing The Commission’s interpretation is that motor vehicle service stations do not include the dispensing of fuel unless the regulation specifically states including the dispensing of fuel.

VII.    ADJOURNMENT

MOTION to adjourn the meeting at 9:25 p.m. until the next regular meeting  on Tuesday, September 2, 2014 at 7:00 p.m., Town Hall, 1st Floor Conference Room, 302 Main Street, Old Saybrook.  MADE:  G. Lewis; SECONDED: R. Friedmann; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED: None.       APPROVED: 5-0-0


        Respectfully Submitted,



        Joanne Kegel
        Recording Clerk