REGULAR MEETING MINUTES
Monday, October 6, 2014 – 7:00 P.M.
Town Hall, 302 Main Street
1st floor conference room
I. CALL TO ORDER
Vice Chairman Madeleine Fish as acting Chairman, called the meeting to order at 7:00 p.m.
II. ROLL CALL
Members Present Members Absent
Madeleine Fish Robert Friedmann
John Talbott Geraldine Lewis
Marc Delmonico J. Colin Heffernan
Deborah Warren, seated for Geraldine Lewis
Staff Present:
Christina Costa, Zoning Enforcement Officer
Joanne Kegel, Recording Clerk
Four members of the public were present
III. REGULAR BUSINESS
The Commission reviewed the minutes of September 15, 2014
MOTION: To approve the regular meeting minutes of September 15, 2014 as presented; MADE: J. Talbott; SECONDED: M. Delmonico; VOTING IN FAVOR: M. Fish, J. Talbott, M. Delmonico, D. Warren; ABSTAINED: None; OPPOSED: None; APPROVED: 4-0-0
The Commission reviewed and approved the bills to be paid.
MOTION: To approve a bill from Nathan Jacobson & Assoc. Inc, invoice #80141-$60.13 MADE: M. Fish; SECONDED: J. Talbott; VOTING IN FAVOR: M. Fish, J. Talbott, M. Delmonico, D. Warren; ABSTAINED: None; OPPOSED: None; APPROVED: 4-0-0
MOTION: To approve bills from Branse & Willis LLC, Invoice #36708-$333.00, Invoice #36755-$185.00, Invoice #36709-$74.00, Total $592.00. MADE: M. Fish; SECONDED: D. Warren; VOTING IN FAVOR: M. Fish, J. Talbott, M. Delmonico, D. Warren; ABSTAINED: None; OPPOSED: None; APPROVED: 4-0-0
IV. PUBLIC HEARINGS
- “22 RAGGED ROCK ROAD” Application for Special Exception Permit/Coastal Site Plan Review to construct a 2010 s.f. house and excavate/grade over 100 cubic yards of fill, 22 Ragged Rock Road, Map 53/Lot 30-3, CT River Gateway Conservation Zone, Residential AA-2 District, Coastal Area Management Zone
Applicant/Owner: Gary Ashton & Debbie Warner Agent: Bob Doane, P.E.
Vice Chair Madeleine Fish opened the public hearing.
Bob Doane, P.E. presented the plans for a 2 bedroom house with a garage under, a detached garage, sanitary system, and associated grading. Approximately 600 cubic yards of earth and rock will be excavated. Mr. Doane explained that materials excavated will be used for backfill and for the driveway and all unused material will be removed from the site.
Mr. Doane explained that he has reviewed the plans with Torrance Downes from the CT River Gateway Commission. The Commission requested one condition about minimizing tree removal. The plan limits clear cutting of trees. The CT River Area Health District approved the site plan with conditions of compliance and presentation of a complete house floor plan for confirmation that the house is 2 bedrooms as presented.
An Engineering review from Geoff Jacobson of Nathan Jacobson & Associates, Inc. expressed concerns about the grading and runoff, driveway paving and setback and elevations, silt fence placement, leach field clearing, and road cuts.
Chris Costa reminded the Commission that the reason for the special exception permit was that the grading exceeds the limitations as set forth in regulations of the CAM zone.
Mr. Doane explained that the extra grading would let water pond and be absorbed, addressed the engineering concerns and discussed the elevations. He explained that this is the last house in this older approved development to be built under old regulations, and understands that current health codes do apply.
Deborah Warren asked about the proposed future elevator. Owner, Gary Ashton, explained that he will apply for the elevator permit in the spring of 2015, and that the elevator will operate from the basement to the second floor.
John Talbott asked about water being supplied to the basement. Mr. Ashton explained that the basement and garage will have electricity, and water for a possible lavatory, but not for any living space such as an apartment.
There was no public comment.
MOTION: To close the public hearing for “22 RAGGED ROCK ROAD” Application for Special Exception Permit/Coastal Site Plan Review to construct a 2010 s.f. house and excavate/grade over 100 cubic yards of fill, 22 Ragged Rock Road, Map 53/Lot 30-3, CT River Gateway Conservation Zone, Residential AA-2 District, Coastal Area Management Zone. MADE: M. Delmonico; SECONDED: J. Talbott; VOTING IN FAVOR: M. Fish, J. Talbott, M. Delmonico, D. Warren; ABSTAINED: None; OPPOSED: None; APPROVED: 4-0-0
Vice Chair Madeleine Fish closed the Public Hearing.
MOTION: To approve the “22 RAGGED ROCK ROAD” Application for Special Exception Permit/Coastal Site Plan Review to construct a 2010 s.f. house and excavate/grade over 100 cubic yards of fill, 22 Ragged Rock Road, Map 53/Lot 30-3, CT River Gateway Conservation Zone, Residential AA-2 District, Coastal Area Management Zone, with conditions:
1) To minimize tree removal, especially in the area of the proposed septic system as requested by the CT River Gateway Commission.
2) To address or comply with the recommendations from the engineering review of Geoffrey Jacobson of Nathan Jacobsen & Associates below, to minimize runoff.
3) The entire drive way must be paved and meet required setback.
4) Additional silt fence is to be placed along the entire frontage of the lot, along the southwestern property line, and in the southeastern portion of the lot.
5) The proposed reserve leaching area should remain undisturbed without any clearing.
6) Any road cuts necessary for utilities will require an Encroachment Permit to be obtained from the Public Works Department.
MADE: M. Delmonico; SECONDED: J. Talbott; VOTING IN FAVOR: M. Fish, J. Talbott, M. Delmonico, D. Warren; ABSTAINED: None; OPPOSED: None; APPROVED: 4-0-0
B. “17 WHISPER COVE ROAD” Application for Special Exception/Coastal Site Plan, to construct a 3,631 s.f. residence with garage, deck & sun porch.
17 Whisper Cove Road, Map 53, Lot 40-1, Residence AA-2 District, Coastal Area Management Zone, Gateway Conservation Zone.
Applicant: David & Earla Frisbie Agent: Edward Cassella, Esquire
A letter was received from Agent Edward Cassella requesting to continue the opening of the Public Hearing to the October 20, 2014 Zoning Commission meeting to allow time to address the comments of the CT River Gateway Commission’s referral. The Commission agreed to continue the public hearing for “17 WHISPER COVE ROAD” Application for Special Exception/Coastal Site Plan, to construct a 3,631 s.f. residence with garage, deck & sun porch.
17 Whisper Cove Road, Map 53, Lot 40-1, Residence AA-2 District, Coastal Area Management Zone, Gateway Conservation Zone, to the next regular meeting of the Zoning Commission on October 20, 2014.
V. CONTINUED 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
Eastpointe, LLC has consented to an extension of time and continuation of the Public Hearing until October 20, 2014, to allow for the Zoning Commission to continue deliberations of the Site Plan Application, with no discussion.
MOTION: To consent to the extension of time and continue the Public Hearing for “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) to the next regular meeting of the Zoning Commission on October 20, 2014 . MADE: M. Delmonico; SECONDED: M. Fish; VOTING IN FAVOR: M. Delmonico, J. Talbott, M. Fish, D. Warren; ABSTAINED: None; OPPOSED: None; APPROVED: 4-0-0
The Commission approved to amend the Agenda to include the following item:
- Between The Bridges, LLC, Special Permit #CZC 11-054 for Restaurant & Marina Use
Ferry Road, Assessor’s Map 45 / Lots 11, 14, 29 and 33, Residence A and Marine Commercial District, Request for 2 year extension of Special Permit, expiring October 17, 2014.
Attorney William Childress submitted a letter on behalf of Between The Bridges, LLC to apply for a two year extension of the above referenced permit, under the newly amended Regulation-Section 52.5, which allows for an extension of up to two additional years for good cause. The reason for the requested extension is due to the slowness in the economy, difficulty in obtaining financing, and the time needed for completion.
The Commission allowed public comment from Eleanor LaPlace of 4 Fourth Avenue, who was concerned that the economy will take a long time to recover, and that more housing is not needed at this time but jobs are. Chris Costa explained that this portion of the project under this extension is for the commercial portion, which includes the restaurant and marina, and not the housing portion.
MOTION: To approve the request for an extension of the Special Exception Permit/CZC-11-054 for Between The Bridges, LLC, pursuant to the recent changes in the regulations, to allow the Applicant until October 17, 2016 for completion of the project. MADE: M. Delmonico; SECONDED: M. Fish; VOTING IN FAVOR: M. Delmonico, J. Talbott, M. Fish, D. Warren; ABSTAINED: None; OPPOSED: None; APPROVED: 4-0-0
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
- Annello Brothers Realty, 76 Elm Street, Map, 36, Lot 97 SPEX Permit/CZC 10-144
The ZEO discussed a request from Indigo Land Design, LLC. to request an extension of an expired SPEX permit to construct a restaurant and storage building with parking and landscaping expired on December 10, 2013. Due to the recently amended regulation-Section 52.5 allowing for a possible two year extension for good cause, the owner is requesting that the extension be granted until December 10, 2015 and that the expired status of the SPEX Permit for this project be lifted due to issues with the economy and financing.
The Commission determined that it cannot take action to grant the request to extend an expired permit. The applicant may re-apply for the Special Exception Permit.
- Village Center Residences, 226 Main Street & 25 Sheffield Street. The ZEO advised the Commission that BF, LLC. intends to modify their approval. The Applicant is proposing to modify the architecture with slight aesthetic changes and will go before the Architectural Review Board. Also proposed is a reduction in the footprint reducing the area of the project. Agent Mr. Brophy is asking the Commission to determine if this is a minor amendment, or must BF, LLC submit a complete modification for full plan approval which would require a new application. The Commission agreed that the request is for a minor modification to the site plan approval. The Commission recommends that once the applicant returns with approval from the Architectural Review Board, a formal request is to be scheduled before the Zoning Commission for a minor
modification to the site plan.
- 26A Walker Avenue, Light Complaint
ZEO Chris Costa reported on the ongoing lighting complaint from the owners of 24 Walker Avenue citing light pollution coming from 26A Walker Ave. After several years, the ZEO believed the light issue was resolved when new light fixtures were installed at 26A Walker Avenue. The complaint arose again over the summer and the ZEO has requested the Commission to direct her on the next course of action. Chris Costa provided the Commission with recent e-mail correspondence from both parties involved which she provided to the Commission along with file information for review. The owners of 26A Walker Avenue did respond to the ZEO’s Cease & Desist Order after a month and it is believe this was prompted by a letter from the First Selectman. The complainant, Tim Brown of 24 Walker Avenue, is still not satisfied
with Paul Tarascio’s actions to try to alleviate light concerns at 26A Walker Avenue. Chris Costa had hoped for a successful resolution, but the conflict is still ongoing. The Commission discussed the matter and determined that Zoning Enforcement Officer should not spend more time on this matter and that they did not think the matter should be forwarded to their Attorney for enforcement in Superior Court. The Commission directed the ZEO not pursue further enforcement action, and that the parties had the option of litigating the matter between themselves if they could not come up with a resolution.
- Chris Costa reported that the construction and road work for Max’s Place, Spencer Plain Road is moving along as scheduled.
VII. ADJOURNMENT
MOTION: To adjourn the meeting at 8:30 p.m. until the next regularly scheduled meeting on Monday, October 20, 2014 at 7:00 P.M. Town Hall, 1st Floor Conference Room
302 Main Street, Old Saybrook. MADE: M. Delmonico; SECONDED: J. Talbott; VOTING IN FAVOR: M. Fish, J. Talbott, M. Delmonico, D. Warren; ABSTAINED: None; OPPOSED: None; APPROVED: 4-0-0
Respectfully Submitted,
Joanne Kegel
Recording Clerk
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