REGULAR MEETING MINUTES
Monday, December 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
Geraldine Lewis
Madeleine Fish
John Talbott
Marc Delmonico
Deborah Warren
J. Colin Heffernan
Staff Present:
Christina Costa, Zoning Enforcement Officer
Joanne Kegel, Recording Clerk
III. REGULAR BUSINESS
MOTION: To approve the regular meeting minutes of December 1, 2014 as presented. MADE: G. Lewis; SECONDED: C. Heffernan; VOTING IN FAVOR: M. Fish, C. Heffernan, M. Delmonico, R. Friedmann; G. Lewis. OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0
The Commission reviewed the bills to be paid.
MOTION: To approve three bills from Branse & Willis LLC; invoice #37038-$166.50, #37040-$37.00, #37045-$37.00, Total: $240.50. MADE: G. Lewis; SECONDED: R. Friedmann; VOTING IN FAVOR: M. Fish, C. Heffernan, M. Delmonico, G. Lewis, R. Friedmann; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0
IV. NEW BUSINESS
A. Petition to Amend the Old Saybrook Zoning Regulations Section 64, Signs, in B-1, B-2, B-3, B-4, MC & SP-2 Districts to change setbacks from the street for freestanding signs and add/increase size of second freestanding signs on corner lots and allow three wall signs per tenant that may be increased to over 100 s.f. as a SPECIAL EXCEPTION for the first wall only. Petitioner: Max’s Place, LLC & 75 Old Saybrook, LLC Agent: Attorney David M. Royston.
The Chairman opened the public hearing.
Max’s Place, LLC and 75 Old Saybrook, LLC have consented to an extension of time and continuation of the public hearing until the Zoning Commission Meeting on January 20, 2015. No members of the public were present and there was no public discussion. ZEO Chris Costa stated that a new version of the text amendments will be forthcoming and to disregard the version submitted. Referrals received were based on the original text change and will be re-sent for comment subject to the new revisions.
MOTION: To approve the extension of time and continuation of the Public Hearing to January 20, 2014 for the Petition to Amend the Old Saybrook Zoning Regulations Section 64, Signs, in B-1, B-2, B-3, B-4, MC & SP-2 Districts to change setbacks from the street for freestanding signs and add/increase size of second freestanding signs on corner lots and allow three wall signs per tenant that may be increased to over 100 s.f. as a SPECIAL EXCEPTION for the first wall only. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: M. Fish, C. Heffernan, M. Delmonico, R. Friedmann; G. Lewis. OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0
V. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
A. An outdated version of the Between the Bridges Text amendment was inadvertently filed with the Town Clerk. An amended Notice to the Town Clerk regarding the Text amendment follows and will be filed with the Town Clerk as a correction. The Commission acknowledged that this is what was adopted on November 17, 2014.
“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. Agent: Attorney William Childress.
ADOPTED: NOVEMBER 17, 2014
EFFECTIVE: JANUARY 1, 2015
Note: The original text filed as approved with the Town Clerk was an outdated version of the text amendment. . This is the correct approved version and was verified by the Old Saybrook Zoning Commission at their December 15, 2014 regular meeting as being the version that was adopted.
New Text Underlined
Deleted Text Strikethrough
52.5 Approval
After the public hearing, the Commission may approve a Special Exception if it finds that the
proposed use and the proposed buildings and structures conform to the General Standards, in addition to any Special Standards for particular uses. Approval of an application constitutes approval conditioned upon completion of the proposed development in accordance with plans as approved, within a period of three (3) five (5) years after the date of approval of the Special Exception permit.
The Commission may grant for good cause one or more extensions not to exceed two (2) a total of five (5) years. All Special Exceptions may be approved subject to appropriate conditions and safeguards necessary to conserve the public health, safety, convenience, welfare and property values in the neighborhood.”
B. Old Saybrook Police Department, Lynde Street, Request for Minor Modification of the Special Exception approval to relocate the fence and gate surrounding communications tower: The committee discussed access, the driveway and pathways between Lynde Street and Main Street. Chairman Friedmann noted that the site plan needs to be modified and updated to remove a building from the plan that is no longer there, which is showing on the Main Street side of the property. ZEO Chris Costa has requested a new plan. The Commission determined this was a minor modification to the Special Exception permit and advised the ZEO to handle administratively.
C. Colvest, 1657 Boston Post Road, Request for Minor Modification of the Special Exception approval to allow Middlesex Hospital Urgent Care to occupy the bank space: The ZEO provided a plan demonstrating parking amendments and removal of the drive through window lanes to accommodate the new tenant. The Commission determined that this matter was a minor modification that could be handled administratively. Signs can be reviewed administratively as long as they are approved by the ARB and are consistent with the approved site plan. The Commission requested that the ZEO request that Colvest repair damaged curbing, remove Japanese knot weed, remove unnecessary silt fence located along the western property line, replace the dead juniper, repair broken directional sign, verify that street numbers are
located on all buildings, remove windows signs exceeding 25% (50 s.f.) max in the West Marine windows, designate 4 new parking spaces as employee parking, and provide an updated plan showing table updates per as-built. The Commission
directed the ZEO to conduct a follow up inspection of the landscaping on the property in the Spring prior to the issuance of a final Certificate of Zoning Compliance for the entire project.
D. The ZEO has been working with a brewery that would like to open a starting operation in Old Saybrook. The ZEO determined that the brewery is permitted in the I-1 District and it will have no tasting area. The ZEO additionally believes the use is permitted in the B-4 District as a Special Exception for manufacturing. The Commission concurred with the ZEO’s interpretation.
E. The ZEO discussed a draft of zoning regulations prepared by Attorney Branse for the regulation of large fuel distributors and if she should schedule a public hearing or wait until the next round of regulations fixes. The Text would go under Section 11, Prohibited Uses. The Commission authorized the ZEO to schedule a public hearing in February.
F. Brown Farm, 155 Ingham Hill Road. The ZEO discussed a request for Greenscapes, Inc. to lease space for composting along the eastern portion of the property consisting of rows approximately 8’
wide by 3’ wide by 200’ long. The ZEO offered her opinion that this is not accessory to the farm use since the purpose is to sublease for manufacturing and is not accessory to the farm use. Manufacturing is not a permitted use in the Residence AA-1 Zoning District. The Commission agreed with the ZEO that the proposed sublease is intended for a manufacturing operation for profit.
G. The ZEO discussed a request to open a retail facility that would allow for musicians and bands to lease space on the 2nd floor at 355 Middlesex Turnpike for indoor practice including a small area where bands could play for a small audience of owners of other venues that may potentially hire them. Sound will be contained in the building and the facility will not offer concerts or be open to the general public. The commission acknowledged that this is in an all business area and there are no residential abutters to the property, and authorized the ZEO to handle administratively.
H. Max’s Place, Spencer Plains Road and Route 1: The commission discussed that the applicant is past the December 15, 2014 deadline for completion of the road upgrades and traffic lights at Center Road and Chalker Beach Road. The ZEO has received no responses from her inquiries about the matter. The Commission requested that ZEO Chris Costa send a memo to Attorney Mark Branse requesting that he write a letter to the applicant.
I. Lyman Realty signs: ZEO Chris Costa has previously contacted Ron Lyman several times regarding the size of his realty signs around Town as unsightly and not in compliance with sign regulations. The Commission directed the ZEO to write a letter to Lyman Realty on behalf of the Zoning Commission requesting that he comply with the regulations.
J. Mariners Way: The ZEO reported that strategies to assist in the adoption of Mariner’s Way have been discussed with the Planning Director, and they will approach the Economic Development Commission (EDC) in January. Branse & Willis, LLC is expected to advise the EDC for guidance and legal advice regarding text amendments in January.
K. The ZEO briefly reported on pending sign, structure and housing enforcement actions.
VI. ADJOURNMENT
MOTION: To adjourn the meeting at 8:10 p.m. until the next regularly scheduled meeting on Monday, January 5, 2015 at 7:00 P.M. Town Hall, 1st Floor Conference Room
302 Main Street, Old Saybrook. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: M. Fish, C. Heffernan, M. Delmonico, R. Friedmann, G. Lewis; None; OPPOSED: None; ABSTAINED: None. APPROVED: 5-0-0
Respectfully Submitted,
Joanne Kegel
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