REGULAR MEETING MINUTES
Monday, October 20, 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
Geraldine Lewis
Madeleine Fish
John Talbott
Marc Delmonico
Deborah Warren
J. Colin Heffernan
Staff Present:
Christina Costa, Zoning Enforcement Officer
Joanne Kegel, Recording Clerk
Six members of the public were present
III. REGULAR BUSINESS
The Commission reviewed the minutes of October 6, 2014 and approved with one correction.
MOTION: To approve the regular meeting minutes of October 6, 2014 as amended, to correct the motion on page 4 under “Eastpointe” to read “To approve the extension of time and continuation of 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: 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 three bills from Nathan Jacobson & Assoc. Inc,; invoice #80326-$320.88, #80327-$1202.88, #80328-$32.09, Total: $1,555.85. MADE: G. Lewis; SECONDED: R. Friedmann; VOTING IN FAVOR: M. Fish, J. Talbott, M. Delmonico, G. Lewis, R. Friedmann; ABSTAINED: None; OPPOSED: None; APPROVED: 5-0-0
IV. PUBLIC HEARINGS
A. “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
The Chairman opened the Public Hearing.
Edward Cassella presented updated, revised plans to the Commission, discussed the revisions and gave an overview of the site plan. The applicant purchased the property in 2013 and the proposal involves tearing down and rebuilding the proposed house plus an attached garage. The proposed development has been pushed back from the tidal wetlands and is outside the flood hazard area. The applicant has received approved variances from the ZBA for any non-conformities. The CT. River Gateway Commission has approved the plan as it is consistent with the Gateway Conservation Zone.
Owners David & Earla Frisbie were in attendance and were introduced to the Commission.
Matthew White, Civil Engineer from Angus McDonald, Gary Sharp & Associates, Inc., explained that the building meets height limitations and that there would be no clearing of trees within the 100 ft. riparian area. Concerns from the CT DEEP OLISP were discussed regarding sedimentation and erosion controls, clearing of mature trees, and roof runoff causing erosion and adverse impacts to tidal wetlands.
Mr. White responded to those concerns and assured the commission that there would be use of a silt fence and erosion stabilization during construction. There would be no cutting of trees that is not allowed in the regulations, and though there was no use of drywells in the plans, and the driveway will be impervious to prevent runoff.
There was no public comment.
MOTION: To close 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. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: M. Fish, J. Talbott, M. Delmonico, G. Lewis, R. Friedmann; ABSTAINED: None; OPPOSED: None; APPROVED: 5-0-0
The Chairman closed the public hearing.
MOTION: To approve “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 with Conditions:
1) Only regulatory permitted cutting of vegetation in the riparian buffer is allowed
2) The driveway is to be pervious to prevent runoff
3) A silt fence will be installed before construction begins and is to be monitored throughout the construction period.
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: M. Fish, J. Talbott, M. Delmonico, G. Lewis, R. Friedmann; ABSTAINED: None; OPPOSED: None; APPROVED: 5-0-0
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 a full 65 day extension of time (November 28, 2014) and to continue the public hearing until November 3, 2014, with no discussion.
MOTION: To approve the extension of time and continuation of the Public Hearing for “Eastpointe” Incentive Housing Development to November 3, 2014– 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 November 3, 2014. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, M. Delmonico, G. Lewis; ABSTAINED: None; OPPOSED: None; APPROVED: 5-0-0
VI. DISCUSSION
- Request for clarification of parking regulations for restaurant uses
Attorney John Bennet
Attorney John Bennet, representing his client Cantina Hospitality, LLC, requested clarification of parking requirements for different types of food service establishments. Clarification is needed for Mr. Bennet to advise his client on a future pending application. Referring to section 62.4.6-F of the Zoning regulations, Mr Bennet pointed out some confusion between a restaurant with a take-out window, and the definition of a fast food restaurant. The Commission interpreted that a restaurant is usually full service, indoor and has seating for patrons. A fast food restaurant is commonly one in which the food is pre-prepared before ordering. The Commission stated that a restaurant with a take-out window or take-out food is not necessarily a fast food restaurant. Colin Heffernan further
clarified that a drive through window and a take-out window are essentially the same.
The commission agreed that there may be some ambiguity in the regulations but that the applicant must determine what type of restaurant it will be and abide by the parking set forth in the regulations for each type. ZEO Chris Costa suggested that clarification of this section could be a topic for future discussion of revisions to the regulations.
VII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
A. 2 Red Bird Trail, Map 13, Lot 82-2, Re: Section 10.5 Casualty Clause.
The owners of 2 Red Bird Trail have requested to rebuild a non-conforming house that was damaged by 2 major storms under section 10.5 of the Zoning Regulations Casualty Clause. The casualty clause expires on October 29, 2014 for casualties related to Super Storm Sandy. At the request of the Zoning Enforcement Officer, the Commission may grant extensions of the requirement to commence construction when mass damage occurs as a result of a natural disaster or declared storm. The ZEO advised that due to complicated permitting due to the house location over the water and then the sale of the house to new buyers who intend to pursue the reconstruction that this is a unique situation in which the Commission should consider granting an extension.
MOTION: To grant a one year extension of Section 10.5 casualty to rebuild the building at 2 Red Bird Trail. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: M. Fish, J. Talbott, M. Delmonico, G. Lewis, R. Friedmann; ABSTAINED: None; OPPOSED: None; APPROVED: 5-0-0
B. Lynde Street-Old Saybrook Police Dept. Building.
One neighboring property owner on Lynde Street is requesting the Town construct an eight foot fence behind his house for privacy adjacent to the new police department building. The Town approves the fence and it will meet the setback requirements. The Commission agrees that this is a minor modification to a special exception that can be handled administratively.
C. “The Wicker Shop”, 1234 Boston Post Road, Map 28, Lot 12
The owner of “The Wicker Shop” at 1234 Boston Post Road has asked about building a storage barn in the rear of the property and if she needs a modification to the special exception application. Since the “Shop” is considered retail however this retail store use is unique in that the retail furniture sales are by appointment only and the parking required is more than what is actually utilized. The Chairman determined that the owner will be required to submit a special exception application. She must decide her priorities and how her establishment is classified. The Commission advises that she should obtain legal advice and present a plan that would accommodate a conforming structure and parking requirements.
VIII. ADJOURNMENT
MOTION: To adjourn the meeting at 8:20 p.m. until the next regularly scheduled meeting on Monday, November 3, 2014 at 7:00 P.M. Town Hall, 1st Floor Conference Room
302 Main Street, Old Saybrook. MADE: G. Lewis; SECONDED: M. Fish; VOTING IN FAVOR: M. Fish, J. Talbott, M. Delmonico, R. Friedmann, G. Lewis; ABSTAINED: None; OPPOSED: None; APPROVED: 4-0-0
Respectfully Submitted
Joanne Kegel
Recording Clerk
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