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Zoning Commission Minutes 09/15/2014
REGULAR MEETING MINUTES
Monday, September 15, 2014 – 7:00 P.M.
Town Hall, 302 Main Street
1st floor conference room


I.      CALL TO ORDER

        The Chairman called the meeting to order at 7:00 p.m.

II.     ROLL CALL

        Members Present:                                        Members Absent:
        Robert Friedmann                                        None
Madeleine Fish
Geraldine Lewis
John Talbott
Marc Delmonico
J. Colin Heffernan
Deborah Warren

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

Two members of the public were present

III.    REGULAR BUSINESS
        
  • MINUTES
The Commission reviewed the minutes of September 2, 2014.

MOTION:  To approve the regular meeting minutes of September 2, 2014 as amended with two corrections:  To amend the text under “Eastpointe” Incentive Housing Development, 7 North Main Street, page 5 of the minutes  1) to correct the spelling of Mr. Ken Roche from the incorrect spelling of Roach;  2) to correct text in the same paragraph to say “Chairman Friedmann replied that the plans being submitted are currently lower than the density possible, and this is the plan being considered for approval at this time.”  MADE:  R. Friedmann; SECONDED:  M. Delmonico; VOTING IN FAVOR:  R. Friedmann, M. Delmonico, G. Lewis, M. Fish, J. Talbott.  ABSTAINED:  None; OPPOSED:  None; APPROVED:  5-0-0.



  • CORRESPONDENCE
The Commission reviewed and approved the bills to be paid.

MOTION:  To approve payment of two bills from Branse & Willis, LLC; Invoice #36551-$1,036.00, Invoice #36548-$185.00. Total $1,221.00 MADE:  G. Lewis; SECONDED:  R. Friedmann; VOTING IN FAVOR:  R. Friedmann, M. Delmonico, G. Lewis, M. Fish, J. Talbott.  ABSTAINED:  None; OPPOSED:  None; APPROVED:  5-0-0.



IV.      PUBLIC HEARINGS

  • “IVAS”  Application for Special Exception Permit/Coastal Site Plan Review to construct a 576 s.f. barn, 179 Ayers Point Road, Map 63/Lot 66, CT River Gateway Conservation Zone, Residential AA-1 District, Coastal Area Management Zone
          Applicant/Agent:  Michael Ivas
           
The Chairman opened the Public Hearing for the “IVAS” application.

        Mr. Michael Ivas, owner and applicant, presented his application and plan to construct a 576 s.f. barn at 179 Ayers Point Road. The purpose of the barn is primarily for off-season storage of a small boat and children’s sports equipment.  The barn will not be heated due to its post and beam construction.  The barn will have a water line to it with an outdoor spigot and no indoor plumbing. There will be some lighting inside and one outdoor light over the door. The size of the barn will be 24 ft. by 24 ft. on a slab foundation. The roof height will be 23 ft. 6 in.

        The Commission asked about removal of trees and if there would be gutters on the building.  Mr. Ivas explained that there would be 1 tree removed at the site of the barn, but none to be removed in the setback area, and shrubs would be planted around the barn.  Three Arborvitae would be relocated if possible. There will be no gutters and mulch beds will be replaced with natural stones.  There will be no paved or gravel driveway to the barn.  It will remain as grass.  The barn will not be used for living space or human occupancy.

MOTION:  To close the public hearing for the “IVAS”  Application for Special Exception Permit/Coastal Site Plan Review to construct a 576 s.f. barn, 179 Ayers Point Road, Map 63/Lot 66, CT River Gateway Conservation Zone, Residential AA-1 District, Coastal Area Management Zone.  MADE:  R. Friedmann; SECONDED:  G. Lewis; VOTING IN FAVOR:  R. Friedmann, M. Delmonico, G. Lewis, M. Fish, J. Talbott.  ABSTAINED:  None; OPPOSED:  None; APPROVED:  5-0-0.

        The Chairman closed the public hearing.

        

        




MOTION:  To approve the “IVAS”  Application for Special Exception Permit/Coastal Site Plan Review to construct a 576 s.f. barn, 179 Ayers Point Road, Map 63/Lot 66, CT River Gateway Conservation Zone, Residential AA-1 District, Coastal Area Management Zone with conditions:
1)   Existing arborvitaes will be relocated and new shrubbery will be planted.
2)   Barn will be placed on a concrete slab as demonstrated on the plans.
3)   The height of the barn will be no higher than 23 ½ feet not including the cupola.
4)   Exterior barn lights will be down lit.
5)   Appearance of the barn will be similar to the barn styles shown on page one of the barn  
      style booklet provided with the application.
6)  Future modifications to the barn may include water or heat however the barn is not approved for human occupancy.
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, M. Delmonico, G. Lewis, M. Fish, J. Talbott.  ABSTAINED:  None; OPPOSED:  None; APPROVED:  5-0-0.

V.      OLD BUSINESS

  • “Saybrook Village Senior Housing” Application for Minor Modification to Site Plan
to construct 15 Affordable Housing Units pursuant to CSG 8-30g. 57 Sheffield Street
(Map 30/ Lot 62)   Residence A District, CAM Zone, Pedestrian Node.
Applicant: Old Saybrook Senior Housing, Inc., Owner. Agent: Attorney Alexander Tighe

Vice Chairman Madeleine Fish recused herself from the discussion for the Saybrook Village Senior Housing.  Deborah Warren was seated for Madeleine Fish.

The Elderly Housing Development Corp. (EHDC) applied for a minor Modification to the previously approved Site Plan for Saybrook Village Senior Housing.

Attorney Alexander Tighe explained that there are 3 parcels owned by the Old Saybrook Senior Housing, Inc. and the EHDC, known as Map 37/Lots 475 and 143 and Map 30/Lot 62, also known as 49, 55, and 57 Sheffield Street.  The original site plan approval was made with 49, and a strip of 55 and all of 57 Sheffield being combined into one lot, resulting in there being only two parcels.  The proposed modification is to leave the lot lines as they are now (three parcels).  There will be no changes in the perimeter of the site.  The plan will, in no other way be changed. By not combining the three parcels into two parcels, EHDC will be in a better position to obtain the necessary financing for the project, and the proposed change will likely increase the number of “affordable units”.  Once financing is arranged, EHDC will notify the Town of any such increase.









MOTION:  To approve the “Saybrook Village Senior Housing” Application for Minor Modification to Site Plan to construct 15 Affordable Housing Units pursuant to CSG 8-30g.  57 Sheffield Street   (Map 30/ Lot 62)   Residence A District, CAM Zone, Pedestrian Node. Applicant: Old Saybrook Senior Housing, Inc., Owner Agent:  Attorney Alexander Tighe.  The Modification is to leave the lot lines known as Map 37/Lots 475 and 143 and Map 30/Lot 62, also known as 49, 55, and 57 Sheffield Street as they are now in 3 parcels and not combining the three parcels into two lots as was approved on the Original Site Plan in November of 2013, in order to better expedite the necessary financing for the project. MADE:  R. Friedmann; SECONDED:  M. Delmonico; VOTING IN FAVOR:  R. Friedmann, M. Delmonico, G. Lewis, D. Warren, J. Talbott.  ABSTAINED:  None; OPPOSED:  None; APPROVED:  5-0-0.
                 
  •  “Max’s Place” Application for Minor Modification of Special Exception Permit #07-061 for 127,600 s.f. shopping center, including 54,100 s.f. grocery store, 54,000 s.f. retail building, 8,000 s.f. liner building, 10,000 s.f. liner building, parking and landscaping.  Corner of Boston Post Road, Spencer Plain Road & Center Road West, Gateway Business B-4 District, Pedestrian Node.
        Map 25/ Lots 2, 28, 29, 30 and Map 26/Lots 6-10, 6-11, 6-12, 32, 32-1.
        Applicant: Max’s Place, LLC; Agent:  Attorney David M. Royston

Madeleine Fish was re-seated to the Commission.

        A letter from Attorney David Royston was presented on behalf of Max’s Place requesting for Minor Modification to Special Exception Permit citing condition BB which was modified at the August 18, 2014 Zoning Commission Meeting regarding outside seating specifically earmarked for exclusive use by an adjacent restaurant or retail establishment, stating that “No such adjacent space if dedicated to a restaurant use shall exceed 4,000 sq. ft. of gross floor area nor contain more than 80 seats, inclusive of any outdoor seating.”

        Upon further review of the Zoning Compliance application filed directly by Five Guys restaurant at Max’s Place, Attorney Royston noted that Five Guys is seeking 82 seats, 66 inside and 16 outside.  Max’s Place LLC is requesting the further modification to be 82 total seats rather than 80.  The Chairman clarified that outdoor seating shall not exceed 25% of the total seats allowed.

MOTION:  To approve “Max’s Place” Application for Minor Modification of Special Exception Permit #07-061 for 127,600 s.f. shopping center, including 54,100 s.f. grocery store, 54,000 s.f. retail building, 8,000 s.f. liner building, 10,000 s.f. liner building, parking and landscaping.  Corner of Boston Post Road, Spencer Plain Road & Center Road West, Gateway Business B-4 District, Pedestrian Node. Map 25/ Lots 2,28, 29,30 and Map 26/Lots 6-10,6-11, 6-12, 32, 32-1; To allow Minor Modification of condition BB limiting the total number of seating dedicated to restaurant use from 80 total seats to allow for Five Guys Restaurant to have 82 total seats, to include 66 seats inside and 16 seats outside.  MADE:  R. Friedmann; SECONDED:  G. Lewis; VOTING IN FAVOR:  R. Friedmann, M. Delmonico, G. Lewis, M. Fish, J. Talbott.  ABSTAINED:  None; OPPOSED:  None; APPROVED:  5-0-0.



        
VI.     COMMITTEE, REPRESENTATIVE & STAFF REPORTS

ZEO Christina Costa reported that the Commission was copied on a letter from DOT regarding   road resurfacing and safety improvements happening on I-95 in the immediate Shoreline area.

ZEO Christina Costa reported that the former NAPA Store building on Middlesex Turnpike is under contract and will need to come before the Commission for a special exception permit for a new business. A possible future tenant is interested in leasing 3,000 s.f. of the rear section of the building for a pepper packaging business and would like to move in prior to the new owner/main business applying for a Special Exception Permit. The Commission approved that the ZEO may handle the temporary permit for the pepper packaging business this matter administratively.

ZEO Christina Costa reported that Ray Allen of Parks & Recreation Department inquired if the small mulched overgrown landscaping islands near the basketball court behind Town Hall could be paved over so that people could better use the area for racket ball. The Commission approved that the ZEO may handle this matter administratively.

ZEO Christina Costa has received a number of small, time consuming, repeated complaints regarding rocks, hedges that she is considering minor in the scope of her daily activities which she may choose not to address as enforcement issues. The Commission approved the ZEO to use her discretion as to enforcement priorities.

VII.    ADJOURNMENT

MOTION:  To adjourn the meeting at 7:58 p.m. until the next regularly scheduled meeting on Monday, October 6, 2014 at 7:00 p.m.         Town Hall, 1st Floor Conference Room 302 Main Street, Old Saybrook.  MADE:  R. Friedmann; SECONDED:  J. Talbott; VOTING IN FAVOR:  R. Friedmann, M. Delmonico, G. Lewis, M. Fish, J. Talbott.  ABSTAINED:  None; OPPOSED:  None; APPROVED:  5-0-0.


        Respectfully Submitted,



        Joanne Kegel
        Recording Clerk