REGULAR MEETING MINUTES
Monday, November 17, 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 7:08 p.m.
II. ROLL CALL
Members Present: Members Absent:
Robert Friedmann John Talbot
Madeleine Fish
Geraldine Lewis
J. Colin Heffernan
Deborah Warren
Marc Delmonico
Staff Present:
Christina Costa, Zoning Enforcement Officer
Joanne Kegel. Recording Clerk
Six members of the public were present.
III. REGULAR BUSINESS
A. MINUTES
The Commission reviewed the Minutes of November 3, 2014.
MOTION: To approve the regular meeting minutes of November 3, 2014 as presented. MADE: G. Lewis; SECONDED: M. Fish; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
The Commission reviewed the Minutes of the special meeting held on November 12, 2014.
Deborah Warren was seated for the vote to approve the minutes of November 12, 2014 in place of Geraldine Lewis who was absent at this meeting. Madeleine Fish was also absent at the meeting and abstained.
The special meeting of November 12, 2104 was not a continuation of public hearing and the minutes are corrected to read Deliberation/Decision on Application.
MOTION: To approve the minutes from the special meeting of November 12, 2014 as amended with corrections: 1) to correct Item III to read “Deliberation/Decision on the Application” and 2) to correct the spelling of the name of Chairman “Friedmann” in paragraph 3 of page 2. MADE: R. Friedmann; SECONDED: D. Warren; VOTING IN FAVOR: R. Friedmann, C. Heffernan, M. Delmonico, D. Warren; ABSTAINED: G. Lewis, M. Fish; OPPOSED: None. APPROVED: 4-2-0
B. CORRESPONDENCE
The Commission reviewed the bills to be paid.
MOTION: To approve payment of bills from Branse & Willis, LLC: Inv.#36878-$703.00; Inv.#36874-$148.00; Inv.#36876-$592.00; Total $1,443.00. MADE: G. Lewis; SECONDED: M. Fish; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
IV NEW BUSINESS
A. “BF, LLC” Application for Minor Modification to Site Plan/Coastal Site Plan for a 15 Unit Planned Residential Development; 158,203 s.f., 226 Main Street and 25 Sheffield Street, Map 37, Lots 132 & 134, Residence A District, Pedestrian Node, CAM Zone; Applicant: BF, LLC; Agent: David M. Royston, Esq.
Attorney David Royston presented an overlay plan showing revisions to the approved development plans. Changes include a slight reduction in the square footage of Units 1 through 12, an adjustment of the site plan to allow access to the garage serving the Greenberg House from Sheffield Street only, and a change in the exterior architecture and floor plans for units 1 through 12. Coverage area is the same with a slight change in footprint and the water line will now come in through Sheffield Street instead of Main Street, which helps to preserve a significant tree on the site. These changes are approved by the Architectural Review Board.
Deborah Warren asked a question about what happens with the driveway out to Main Street. Attorney Royston explained that the driveway will remain for emergency access. He also explained that there is limited parking available for tenants on Main Street and in a snow emergency, there would be ample room for parking on the driveway in from Sheffield Street.
Chairman Friedmann noted that the modifications do not change the character of the project, the parking, and that the site work would meet timelines.
MOTION: To approve the “BF, LLC” Application for Minor Modification to Site Plan/Coastal Site Plan for a 15 Unit Planned Residential Development; 158,203 s.f., 226 Main Street and 25 Sheffield Street, Map 37, Lots 132 & 134, Residence A District, Pedestrian Node, CAM Zone; MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
V. PUBLIC HEARINGS
A. Petition to Amend the Zoning Regulations, Section 52.5, to extend the completion of development for an approved Special Exception Permit to 5 years and allow an additional 5 years of extensions for good cause. Petitioner: Between the Bridges, LLC, Agent: Attorney William Childress
Attorney William Childress reviewed the request to change the period of time during which a Special Exception must be completed, and cited the letter of October 29, 2014 from Attorney Mark Branse in which he explained that these proposed time frames match those currently used in the Connecticut General Statutes for subdivisions and site plans. Attorney Branse explained that other neighboring Towns have made similar changes over the past several years and that the economic down-turn that began in 2008 slowed the pace of development.
Attorney Childress pointed out that due to the current economic conditions and difficulty obtaining financing, many other projects in Town have taken longer than planned.
Referral responses from CT DEEP OLISP, The Lower Connecticut River Valley Regional Planning Commission and Attorney Mark Branse were favorable. The Connecticut River Gateway Commission was not in favor of the proposed change. Attorney Childress advised the Commission that the Gateway Commission’s referral response is advisory and cannot override the decision of the Zoning Commission.
Colin Heffernan expressed a concern that in 10 years’ time if a project is not complete or if regulations change, it could create a series of unfinished projects in the Town. ZEO Chris Costa reminded the Commission that the additional 5 years extension may be reviewed.
The Commission agreed that the proposed text change is less restrictive for the Applicant.
There was no public comment.
MOTION: To close the Public Hearing for the Petition to Amend the Zoning Regulations, Section 52.5, to extend the completion of development for an approved Special Exception Permit to 5 years and allow an additional 5 years of extensions for good cause. Petitioner: Between the Bridges, LLC, Agent: Attorney William Childress.
MADE: G. Lewis; SECONDED: R. Friedmann; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
MOTION: To approve the Petition to Amend the Zoning Regulations, Section 52.5, to extend the completion of development for an approved Special Exception Permit to 5 years and allow an additional 5 years of extensions for good cause. Petitioner: Between the Bridges, LLC, Agent: Attorney William Childress. The effective date of the amendment will be January 1, 2015. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
VI. CONTINUED PUBLIC HEARINGS
A. Petition for Zoning Map Amendment to change 688 Boston Post Road (Map 37/Lot 54) and 1,766 s.f. of the westerly portion of 33 Main Street (Map 37/Lot 48) from Central Business B-1 District to Shopping Center B-2 District Owners: John Strougo (688 Boston Post Road) & Old Buckingham Place Owners Association, Inc. (33 Main Street) Applicant/Contract Purchaser: Cantina Hospitality, LLC Agent: Attorney John Bennet
B. Petition to Amend the Old Saybrook Zoning Regulations by Amending Section 32.2.4 to permit service to customers at a service counter or in a motor vehicle at a take-out window in the Business B-2 District; to Amend Section 62.4.6 (f)(1) Fast Food Restaurant Parking from 1 space per every 50 s.f. of gross floor area to 1 ½ spaces for every 50 s.f. of gross floor area of the dining room; and to Amend Section 62.4.6(f)(2) to eliminate the minimum of 10 spaces for each take-out/drive through service window. Applicant: Cantina Hospitality, LLC, Agent: Attorney John Bennet
The Chairman opened the continued Public Hearings for both applications for consecutive discussion, which was continued from the Zoning Commission Meeting of November 3, 2014.
Attorney John Bennet continued discussion of the Petitions for 688 Boston Post Road. He stated that the applicant has received an approved Certificate of Zoning Compliance. Attorney Bennet stated that the property more relates to a B-2 Zone than a B-1 Zone and acknowledges that a change to B-2 Zone is more restrictive for the property.
Attorney Bennet reviewed the proposed text changes with the Commission, that would allow for a take-out window in the B-2 Zone and the changes for parking in regards to gross floor area as presented.
Chairman Friedmann concurred that the change is more restrictive and stated that the property is in the Pedestrian Node. He stated that according to regulations, the purpose of the B-2 Shopping Center District is to enhance the Shopping Center area and Colin Heffernan questioned how this change would enhance the Shopping Center area. Attorney Bennet stated that the proposed change would be complimentary to the Shopping Center.
ZEO Chris Costa reviewed the referral responses received and stated that there were no negative referrals. All referral request responses were received with the exception of The Connecticut River Gateway Commission.
The Chairman asked if there was any Public Comment. Deborah Warren stated that she was not totally in favor of the Zoning change being cautious regarding future use of properties. She asked the question of why the change is necessary for this property when there are many other properties in the B-2 Zone that are available and needing improvements.
Colin Heffernan was more in favor of keeping the South side of Route 1 in the B-1 Zone considering most of the neighboring properties are in the B-1 Zone.
Attorney Bennet stated that this property doesn’t have the attributes of a B-1 Zone and the intent is to revitalize a property that has been sitting empty for several years. He feels the proposed amendments are modest.
There was no further public comment. A Motion was made to close the public hearing.
MOTION: To close the Public Hearings for Item A. Petition for Zoning Map Amendment and Item B. Petition to Amend the Old Saybrook Zoning Regulations. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
Deliberation of the Commission for the Petition for Zone Change Amendment began.
Chairman Friedman stated that the reasons for this property being in the B-2 Zone while other adjoining properties are in the B-2 Zone are unknown. Most other properties South of Route 1 are in the B-1 Zone. The Commission must decide what is best for the Town.
MOTION: To approve the Petition for A. Zoning Map Amendment to change 688 Boston Post Road (Map 37/Lot 54) and 1,766 s.f. of the westerly portion of 33 Main Street (Map 37/Lot 48) from Central Business B-1 District to Shopping Center B-2 District. Owners: John Strougo (688 Boston Post Road) & Old Buckingham Place Owners Association, Inc. (33 Main Street) Applicant/Contract Purchaser: Cantina Hospitality, LLC. Agent: Attorney John Bennet. MADE: R. Friedmann; SECONDED: M. Delmonico; VOTING IN FAVOR: M. Delmonico, ABSTAINED: None; OPPOSED: G. Lewis, M. Fish, C. Heffernan, M. Delmonico; MOTION DID NOT CARRY. PETITION DENIED 1-0-4
Deliberation of the Commission for the Petitions for the Amendment to allow a take-out window in the B-2 Zone, and to amend the parking regulations began.
The Commission reviewed the B-2 area with regards to take-out/drive through windows. Chairman Friedmann stated that they are allowed in the B-3 District Zone, and that the proposed changes do not enhance the B-2 Shopping Center District. Colin Heffernan stated that changing the standards would make the area more attractive for many fast food restaurants and restaurants with drive through windows in the B-2 Zone.
MOTION: To Approve the Petition to Amend the Old Saybrook Zoning Regulations by Amending Section 32.2.4 to permit service to customers at an indoor restaurant or other indoor food and beverage service establishment, including service to customers at a service counter or in a motor vehicle at a take-out window in the Business B-2 District; to Amend Section 62.4.6 (f)(1) Fast Food Restaurant Parking from one (1) space per every 50 s.f. of gross floor area, with a minimum of ten (10) spaces, to one (1) space for every 75 s.f. of gross floor area , with a minimum of ten (10) spaces; and to Amend Section 62.4.6(f)(2) to eliminate the minimum of 10 spaces for each take-out window. If the window provides drive through service, the spaces will be arranged so as not to impede pedestrian or vehicular circulation of
the site or any abutting street. Applicant: Cantina Hospitality, LLC; Agent: Attorney John Bennet. MADE: R. Friedmann; SECONDED: M. Fish; VOTING IN FAVOR: None; ABSTAINED: None; OPPOSED: R. Friedmann, G. Lewis, M. Fish, C. Heffernan, M. Delmonico; MOTION DID NOT CARRY. PETITION DENIED:
0-0-5
VII. COMMITTEE, REPRESENTATIVE, & STAFF REPORTS
ZEO Chris Costa updated the Commission on possible upcoming Agenda items and the possibility of a workshop at the next regular meeting on December 1, 2014. There were no other Staff reports.
VIII. ADJOURNMENT
The Chairman adjourned the meeting at 9:10 p.m.
MOTION: To adjourn the meeting at 9:10 p.m. until the next regularly scheduled meeting on Monday, December 1, 2014 at 7:00 p.m. Town Hall, First Floor Conference Room, 302 Main Street, Old Saybrook. MADE: G. Lewis; SECONDED: R. Friedmann; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
Respectfully,
Joanne Kegel
Recording Clerk
| 
