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Zoning Commission Minutes 01/05/2015
REGULAR MEETING MINUTES
Monday, January 5, 2015 – 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 7:05 p.m.

II.     ROLL CALL

        Members Present                                 Members Absent
        Robert Friedmann                                        Marc Delmonico
        Geraldine Lewis
        Madeleine Fish  
        J. Colin Heffernan
        John Talbott-Seated for Marc Delmonico
        Deborah Warren
        
        Staff Present:
        Christina Costa, Zoning Enforcement Officer
        Joanne Kegel, Recording Clerk

        4 members of the public were present

III.    REGULAR BUSINESS
        
        A.      MINUTES

The Commission reviewed the minutes of December 15, 2014 and made the following amendments:

p. 4 item F: delete “3’ wide” and add “3’ high”;

p. 4 item H: delete the last line in the paragraph and add “The ZEO explained to the Commission that she did receive a late response from Max’s Place and had a discussion regarding the matter.”  
  
MOTION:  To approve the regular meeting minutes of December 15, 2014 as amended:     MADE:  R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR:  M. Fish, C. Heffernan, J. Talbott, R. Friedmann; G. Lewis. OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0





        B.      ELECTION OF OFFICERS

        Madge Fish nominated Robert Friedmann for Chairman.

MOTION:  To close nominations for Chairman of Zoning Commission for 2015. MADE:  M. Fish;    SECONDED: G. Lewis; VOTING IN FAVOR:  M. Fish, C. Heffernan, J. Talbott, R. Friedmann; G. Lewis. OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0

MOTION:  To cast a unanimous ballot for Robert Friedmann for Chairman of Zoning Commission for 2015. MADE:  M. Fish;    SECONDED: G. Lewis; VOTING IN FAVOR:  M. Fish, C. Heffernan, R. Friedmann; G. Lewis. OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0

        Geraldine Lewis nominated Madge Fish for Vice Chairman.
        
MOTION:  To close nominations for Vice Chairman of Zoning Commission for 2015. MADE:  J. Talbott;    SECONDED: C. Heffernan; VOTING IN FAVOR:  M. Fish, C. Heffernan, J. Talbott, R. Friedmann; G. Lewis. OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0

MOTION:  To cast a unanimous ballot for Madge Fish for Vice Chairman of Zoning Commission for 2015. MADE:  R. Friedmann;    SECONDED: G. Lewis; VOTING IN FAVOR:  M. Fish, C. Heffernan, R. Friedmann; G. Lewis. OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0

        Madge Fish nominated Geraldine Lewis for Secretary.
        
MOTION:  To close nominations for Secretary of Zoning Commission for 2015. MADE:  C. Heffernan;  SECONDED: R. Friedmann; VOTING IN FAVOR:  M. Fish, C. Heffernan, J. Talbott, R. Friedmann; G. Lewis. OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0

MOTION:  To cast a unanimous ballot for Geraldine Lewis for Secretary of Zoning Commission for 2015. MADE:  R. Friedmann;    SECONDED: C. Heffernan; VOTING IN FAVOR:  M. Fish, C. Heffernan, R. Friedmann; G. Lewis. OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0
        
C.      CORRESPONDENCE

There were no bills to be paid.  

The commission reviewed a letter from the Chairman to Tractor Supply, which will be added as an agenda item for the January 20, 2015 Zoning Commission meeting.

The Commission reviewed a letter from the Chairman to Lyman Real Estate regarding violation of Zoning regulations, section 64-Real Estate signs.  Ron Lyman was present and notified the ZEO that they would comply with the regulations.

ZEO Chris Costa gave the Commission information on the upcoming education and training seminar “Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions” to be held on March 21, 20215 in Middletown and encouraged attendance.
IV.      NEW BUSINESS

A.        “Annello Brothers” Application for Special Exception Use, 76 Elm Street, Map 36/Lot 97, Shopping Center Business B-2 District, Pedestrian Node to construct 3,600 s.f. Building (1st 1880 s.f., 2nd 1720 s.f.) for restaurant/office use and a 450 s.f. storage building.  Applicant:  Annello Brothers Realty                Agent:  Joseph Wren, P.E.

The Chairman opened the Public Hearing.

        Joseph Wren, P.E. for the applicant presented a revised statement of use dated 12/2/14, for a previously approved Special Exception that was approved on 12/6/2010 but had expired. Mr. Wren explained that the plans are the same architectural plans as submitted in 2010 with only minor changes to address final conditions of approval and septic system updates.  Approval was received from CRAHD.   Sidewalks are proposed.  Parking, landscaping and sight lighting are provided in conformance with sections 62 and 63 of the Old Saybrook Zoning Regulations.

        The office was removed from the plans and replaced for storage only.  There would be 4 six foot long picnic tables outside instead of 6 and the seating meets the ratio requirement for outdoor seating.  Mr. Wren stated that all new regulatory changes have been met.

        ZEO Chris Costa confirmed that Town departments were notified for referrals, and approvals from Jacobsen & Associates, the ARB, Building Inspector Don Lucas, Fire Marshal Don Dobson, Fire Chief John Dunn, and the Planning Department hold over from 2010.

        Public Comment:  Mr. Bob Mordes of 73 Coulter Street, and Eleanor Laplace of 4 Fourth Avenue both expressed concerns that there are too many restaurants in Old Saybrook and that restaurants do not improve the quality of jobs available.

        Madge Fish explained that the use of the property is correct for a restaurant according to the Old Saybrook Zoning Regulations. Chairman Friedman stated that the restaurant is an allowed use with not much change from the prior approval, it fits the property and is a better use of the property than its current condition.

MOTION:  To close the public hearing. MADE:  M. Fish; SECONDED: G. Lewis; VOTING IN FAVOR:  M. Fish, C. Heffernan, J. Talbott, R. Friedmann; G. Lewis. OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0
        
        Deliberation:  R. Friedmann noted that the conditions suggested by Nathan Jacobson & Associates should be verified as completed regarding filing of conveyance documents for the proposed public access easement and that the lighting fixtures conform to regulations. Signage would be the same as in the original ARB approval.  ZEO Chris Costa would verify that the conditions have been met.




MOTION:  To approve as presented “Annello Brothers” Application for Special Exception Use, 76 Elm Street, Map 36/Lot 97, Shopping Center Business B-2 District, Pedestrian Node to construct 3,600 s.f. Building (1st 1880 s.f., 2nd 1720 s.f.) for restaurant use and a 450 s.f. storage building.  Applicant:  Annello Brothers Realty     Agent:  Joseph Wren, P.E.   MADE:  R. Friedmann;  SECONDED: G. Lewis; VOTING IN FAVOR:  M. Fish, C. Heffernan, J. Talbott, R. Friedmann; G. Lewis. OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0
        
V.      COMMITTEE, REPRESENTATIVE & STAFF REPORTS

ZEO Chris Costa discussed having an annual sign enforcement meeting. The Commission advised the ZEO to draft letters to remind real estate agents of the sign regulations and opted not to have a sign informational meeting in 2015.

The Zoning Commission’s proposed text amendment for the prohibition on bulk storage of propane or other gas is scheduled for public hearing at the Zoning Commission meeting on February 17, 2015.

Tea Kettle Restaurant, 1395 Boston Post Road -The Commission discussed interest to install a walk-in cooler on the rear of the building, but there are a number of site restrictions. The cooler is proposed to be located indoors to occupy space in the former Tobacco Plaza. The front portion of the Tobacco Plaza space will be used by a retail tenant. Suggested alternatives were discussed.  The Commission advised the ZEO that the cooler could be located in the adjacent vacant space without a modification to the Special Exception Permit as long as there is no expansion of seating for the existing restaurant.  A cooler is considered as storage.

        Storage trailers at the High School fields were noted as being part of the construction,        which will resume in warmer weather.

        An issue of construction heavy equipment that is stored on residential property, with no noticeable     work in process, may be an item for                     discussion at a future meeting.

        The ZEO informed the Commission of the tentative Agenda items scheduled for the next Zoning     commission meeting.

VI.     ADJOURNMENT

MOTION:  To adjourn the meeting at 8:00 p.m. until the next regularly scheduled meeting on Tuesday, January 20, 2015 at 7:00 P.M. Town Hall, 1st Floor Conference Room
302 Main Street, Old Saybrook.   MADE: M. Fish; SECONDED: R. Friedman; VOTING IN FAVOR:  M. Fish, C. Heffernan, J. Talbott, R. Friedmann, G. Lewis; None; OPPOSED: None;  ABSTAINED: None. APPROVED: 5-0-0

        Respectfully,


        Joanne Kegel
        Recording Clerk