REGULAR MEETING MINUTES
Tuesday, February 17, 2015 – 7:00 P.M.
Town Hall, 302 Main Street
1st floor conference room
I. CALL TO ORDER
Chairman Friedmann called the meeting to order at 7:00 p.m.
II. ROLL CALL
Attendant Members
Robert Friedmann, Chairman
Madeleine Fish, Vice Chairman
Marc Delmonico, Regular Member
Deborah Warren, seated for J. C. Heffernan
Geraldine Lewis, Secretary, arrived at 8:12 p.m.
Absent Members
J. Colin Heffernan, Regular Member
John Talbott, Alternate Member
Attendant Staff
Christina M. Costa, Zoning Enforcement Officer
Carl Fortuna, First Selectman
Donn Dobson, Fire Marshal
Kathleen Noyes, Recording Clerk
III. REGULAR BUSINESS
A. MINUTES
Commissioners reviewed invoices from Nathan L. Jacobson & Associates, Inc.
Commissioners reviewed invoices from Attorneys Branse & Willis.
Motion to approve invoices #37406 and #37468 from Attorneys Branse & Willis in the amount of $1,979.50. MADE: R. Friedmann. SECONDED: M. Delmonico. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico & D. Warren ABSTAINING: None. OPPOSED: None. APPROVED: 4-0-0.
IV. NEW BUSINESS
A. “Saybrook Point Inn” Application for Minor Modification to Special Exception Approval and Coastal Site Plan Review to construct new 572 s.f. walk in cooler, loading dock and ADA upgrades.
2 Bridge Street, (Map 24/Lot 45) SP-2 District, CAM Zone, CT River Gateway Conservation Zone.
Applicant: Saybrook Point Marina, LLC; Agents: Jonathan Turley & Tom MacDonald, AIA
J. Turley, T. MacDonald and Steve Tagliatela, owner of Saybrook Point Inn were all present.
T. MacDonald explained that they are applying to expand their cooling capability, to replace the retaining wall, to create a more accessible ramp way, and make the A Dock more accessible. The ADA requirements are being met.
No additional parking is required with this application even though there is additional gross floor area.
This application does not conflict with the Coastal Area Management Plan.
CT River Gateway Commission said no visuals will be changed with this application.
Motion to approve “Saybrook Point Inn” Application for Minor Modification to Special Exception Approval and Coastal Site Plan Review to construct new 572 s.f. walk in cooler, loading dock and ADA upgrades. 2 Bridge Street (Map 24 / Lot 45) SP-2 District, CAM Zone, CT River Gateway Conservation Zone. Applicant: Saybrook Point Marina, LLC; Agents: Jonathan Turley & Tom MacDonald, AIA because the application is consistent with all applicable coastal policies and makes all reasonable measures to avoid adverse impacts. MADE: R. Friedmann; SECONDED: M. Fish. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, D. Warren. ABSTAINING: None OPPOSED: None. APPROVED: 4-0-0.
B. Discussion: Tractor Supply, 401 Middlesex Turnpike (Map 52 / Lot 96) Gateway Business B-4 District, Aquifer Protection Area, regarding rooftop mechanicals.
This discussion will be tabled until the Zoning Commission’s regularly scheduled meeting of 3/2/15 when someone can be present from Tractor Supply.
V. CONTINUED PUBLIC HEARING
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 add a second freestanding sign of the same size on lots with frontage on two streets by Special Exception; to allow a third wall sign of the same size as the second wall sign now permitted; to limit tenant signs to the aggregate allowed per wall. Petitioner: Max’s Place, LLC & 75 Old Saybrook, LLC.
Agent: Attorney David M. Royston.
Close by 2/17/2015 (NLT 2/17/2015)
D. Royston noted that although this has been listed on the agenda as a Continued Public Hearing, this is the first time he has presented this petition to the Commission.
On 11/6/14, there was a petition filed by joint applicants Max’s Place, LLC and 75 Old Saybrook, LLC, which is the owner of the building at 75 Main Street.
This petition was referred to the Planning Commission, the Gateway Commission, the Architectural Review Board, the Economic Development Commission, and this was sent to Attorney Mark Branse for his review. The November petition was denied. Commissioners suggested that the applicant should address concerns with Town Hall staff and the Town Attorney Mark Branse.
On 1/26/15 Attorney Branse completed his review of this petition, and he said that all of the concerns had been addressed. Some of his concerns were regarding the need for clarification of the existing Zoning Regulations.
The applicant reformatted the petition. The amended/reformatted text was submitted and again reviewed by the Planning Commission. The Planning Commission approved this petition.
Referral responses were received from the Planning Commission, the Architectural Review Board, Town Planner Christine Nelson, Town Attorney M. Branse, the Economic Development Commission, Marci Balint at the Department of Energy and Environmental Protection, the Gateway Commission and the Lower CT River Valley Regional Planning Commission. Also, the local municipalities of Old Lyme, Essex and Westbrook were sent referral requests.
Attorney Royston discussed the number of feet of signage allowed per wall in the different zoning districts per the current Zoning Regulations, and what is being requested in the petition.
Commissioners discussed the number of tenants per building and the relationship this has to the square footage of signage. Also discussed was whether or not the amount of square footage of signage and the number of signs is a tenant/landlord issue or a land use issue especially when tenant vacancies are involved.
R. Friedmann was concerned because he didn’t feel that the number of tenants per building should be tracked by the Zoning Commission. The number of tenants is subject to constant change. This is not a Zoning Regulation issue. However, this could be a zoning enforcement issue.
Attorney Royston recommended the section regarding the number of tenant signs be removed from the application, not to exceed 10 signs for the first wall or to reduce 4 signs for the second and third wall. This eliminates the sentence;” to limit tenant signs to the aggregate allowed per wall.”
The petition requests that a second freestanding sign be allowed if the business has lots with frontage on 2 separate streets, that the freestanding signs are no more than 25’ from the vehicular entrance it serves, the sign must be at least 100 feet from any other sign, the sign must be oriented towards the street, and this must be approved by Special Exception. The petition also asks that the second sign be allowed to be as large as the first sign.
Attorney Royston went over each item of the petition in detail noting what the current Zoning Regulations state and what the suggestions are for Zoning Regulation changes. He distributed the final version of Attorney Branse’s suggestions and comments which is dated 2/17/15.
G. Lewis arrived at 8:12 p.m.
First Selectman Carl Fortuna said that he is not opposed to the changes in the Zoning Regulations proposed particularly regarding the third wall sign for stores that have frontage on two separate streets because this will help local businesses.
R. Friedmann listed over 20 businesses that could possibly qualify across the various districts for a second freestanding sign because of the number of curb cuts they have and because they have frontage on two separate streets.
Attorney Royston said that although these businesses have frontage on more than one street, they might not meet the other requirements such as the number of feet separating the signs that would allow them to have a second freestanding sign. Also, these businesses would have to apply for a Special Exception which would give the Zoning Commission discretion for each application.
R. Friedmann asked if anyone from the public wished to speak either for or against the petition. No one spoke.
Attorney Royston distributed the most recent amended version of the changes and suggestions and comments dated 2/17/15.
Motion to close the Public Hearing 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 add a second freestanding sign of the same size on lots with frontage on two streets by Special Exception; to allow a third wall sign of the same size as the second wall sign now permitted; to limit tenant signs to the aggregate allowed per wall. Petitioner: Max’s Place, LLC & 75 Old Saybrook, LLC; Agent: Attorney David M. Royston. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, G. Lewis & D. Warren. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
R. Friedmann talked about the significance of the 100 s.f. of signage per wall. He also talked about businesses that have entrances on two separate streets, the number and locations of curb cuts and the ease of applying these regulations. He raised concerns about free standing signs or internally illuminated signs that may appear on businesses that are facing residential neighborhoods. In summary, he is concerned that there will be more signs than there are now if this petition is approved. He would recommend that one freestanding sign should not be visible from another freestanding sign. He feels the number of signs and the square footage of signs could contribute to sign pollution. This would also provide a possible unfair advantage for businesses located on corner properties versus middle of the block properties.
D. Royston would like to withdraw the application for a second free standing sign for all of the districts except for B-1 District. The only district that would still apply for a second freestanding sign would be the B-1 District. In addition, he is withdrawing the increase of free standing signs from 25 s.f. to 50 s.f. All freestanding signs would stay at 25 s.f.
Motion to deny the Petition to Amend the Old Saybrook Zoning Regulations Section 64, Signs as presented and modified this evening in B-1, B-2, B-3, B-4, MC & SP-2 Districts to add a second freestanding sign of the same size on lots with frontage on two streets by Special Exception; to allow a third wall sign of the same size as the second wall sign now permitted; to limit tenant signs to the aggregate allowed per wall. Petitioner: Max’s Place, LLC & 75 Old Saybrook, LLC; Agent: Attorney David M. Royston. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis & D. Warren. ABSTAINING: None. OPPOSED: M. Delmonico. APPROVED: 4-1-0.
B. “Indigo Properties, LLC” Application for Special Exception Permit to construct a 2,439 s.f. Professional Office Building with a 488 s.f. covered porch
40 Elm Street (Map 36 / Lot 109) Central Business B-1 District, Pedestrian Node
Applicant: Indigo Properties, LLC; Agent: Joseph Wren, P.E.
Close by 2/17/2015 (NLT 2/23/2015)
Joe Wren presented. He made changes to the application to accommodate what was recommended by the Zoning Commission at their 1/20/15 meeting. He reviewed each change in detail.
There are 11 existing parking spaces on site. Four additional parking spaces were needed, or the gross floor area could be reduced. The covered porch was reduced from 6’ wide to 5’ wide. There was a covered stairwell, and that was subtracted from the gross floor area. The total gross floor area is now less than 2,800 s.f., so 14 parking spaces are required. Three stacked spaces have been added to the west of the building.
J. Wren had asked for a substitution of the evergreen buffers. They are putting in a snow shelf. The sidewalk in the northwest corner has been adjusted and reduced in size because of the location of the fire hydrant and a utility pole. The architecturals have been slightly updated as well.
J. Wren handed out site plans revised 2/17/15. There are no proposed signs at this time. There will be a house number which is required by the fire department. There is no proposed sight lighting at this time.
R. Friedmann asked Commissioners to consider the three stacked dead head parking spaces. He also mentioned the evergreen landscape buffer. He wanted to emphasize the importance of the snow shelf especially this time of year. The perimeter landscape buffer is intended to prevent glare and intrusion to neighboring properties.
R. Friedmann asked if anyone from the public wished to speak for or against the application. No one spoke.
R. Friedmann suggested that the sign be located in the grassy area between the building and Elm Street. The commission found that the evergreen landscape plantings are not required on the eastern property line. The 6 foot fence and proposed landscaping on the southern property line meets the intent of the landscape regulations. Any lighting should be fully shielded down lighting.
Motion to close the Public Hearing for “Indigo Properties, LLC” Application for Special Exception Permit to construct a 2,796 s.f. Professional Office Building which includes a 488 s.f. porch, 40 Elm Street (Map 36 / Lot 109) Central Business B-1 District, Pedestrian Node; Applicant: Indigo Properties, LLC; Agent: Joseph Wren, P.E. MADE: M. Fish. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, G. Lewis & D. Warren. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
Motion to approve “Indigo Properties, LLC” Application for Special Exception Permit to construct a 2,796 s.f. Professional Office Building which includes a 488 s.f. porch, 40 Elm Street (Map 36 / Lot 109) Central Business B-1 District, Pedestrian Node; Applicant: Indigo Properties, LLC; Agent: Joseph Wren, P.E. noting that any site lighting should be fully shielded down lighting and that the sign should be located in the grassy area between the building and Elm Street. MADE: R. Friedmann. SECONDED: M. Fish. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, G. Lewis & D. Warren. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
VI. PUBLIC HEARING
- Petition to Amend the Old Saybrook Zoning Regulations Section 11, Prohibitions to add Section 11.2 Bulk Propane Storage. To prohibit bulk storage of propane or other gas, without prohibiting its sale in local hardware store, propane distributor, individual user of gas, or other typical consumer storage and use.
Petitioner: Old Saybrook Zoning Commission
Open public hearing, Continue or Close by 3/16/2015 (NLT 3/23/2015)
Referrals were received from Town Attorney Mark Branse, Marci Balint from the DEEP, T. Downes on behalf of RiverCOG and D. Dobson, Fire Marshal. DEEP stated this petition was consistent with coastal policies.
Donn Dobson, Fire Marshal asked to speak. He said that the propane issue is on the forefront of many of the other shoreline municipalities. He wanted to share his concerns. Storage of such a large amount of propane is an important issue. The average amount of propane storage in town is 4,000 gallons, not 20,000 gallons. If the amount of propane storage is reduced from 20,000, the required setbacks would change as would the distances.
The distances for propane storage are based on a national code. Due to the codes, the town will only have so much control. The rest will lie with the DEEP and the Federal Government.
Once propane is allowed to be stored in such a large amount, it limits what can be developed around it on surrounding properties such as schools, stores, etc.
Steve Tagliatela, owner of Saybrook Point Inn, asked to speak. He said it is important for area businesses to have access to fuel and fuel storage. He said to limit the amount of propane would make things difficult for area businesses. He said there is a real need for fuel storage in the area.
R. Friedmann asked if anyone from the public wished to speak for or against the petition. No one asked to speak.
Commissioners discussed what would be the best number of gallons of propane that should be allowed. They agreed on 20,000 gallons.
Motion to close the Public Hearing for Petition to Amend the Old Saybrook Zoning Regulations Section 11, Prohibitions to add Section 11.2 Bulk Propane Storage. To prohibit bulk storage of propane or other gas, without prohibiting its sale in local hardware store, propane distributor, individual user of gas, or other typical consumer storage and use. Petitioner: Old Saybrook Zoning Commission. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, G. Lewis & D. Warren. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
Motion to adopt the Petition to Amend the Old Saybrook Zoning Regulations Section 11, Prohibitions to add Section 11.2 Bulk Propane Strorage. To prohibit bulk storage of propane or other gas, without prohibiting its sale in local hardware store, propane distributor, individual user of gas, or other typical consumer storage and use not more than 20,000 gallons, effective 3/16/2015. Petitioner: Old Saybrook Zoning Commission. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, G. Lewis & D. Warren. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
VII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
St. John’s Church and St. John’s School, which is located at 42 Maynard Road, has hired Joe Wren, P.E. to redesign their parking lot. They’ve offered to show the Zoning Commission a site plan. The Zoning Commission would like to see the plan, but if this cannot be arranged, Commissioners gave the Zoning Enforcement Officer permission to handle this administratively.
The new Department of Police Services located on 36 Lynde Street is modifying their sign. Commissioners gave the Zoning Enforcement Officer permission to handle this administratively.
C. Costa updated Commissioners on Mariner’s Way. They are continuing to meet every month. Progress is being made.
Mystic Market is proposing to move into the Pat’s Kountry Kitchen building on 70 Millrock Road East. This is an Industrial District. There will be indoor and some outdoor seating, but there is not going to be any table side service. There was discussion about whether or not this will be the same use as the former tenant. The Zoning Commission can review it as a Special Exception for façade, landscaping, etc. Commissioners would like the applicant to come before the Zoning Commission for a preliminary discussion. They would also like to see a statement of use, parking lot count and floor plan to demonstrate how the parking is supported.
C. Costa reviewed what new business will be on the upcoming Zoning Commission agendas.
VIII. ADJOURNMENT
Motion to adjourn the meeting at 11:10 p.m. to the next regularly scheduled meeting on Monday, March 2, 2015 at 7:00 p.m. at the Town Hall 1st Floor Conference Room, 301 Main Street, Old Saybrook. MADE:G. Lewis. SECONDED: M. Delmonico. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, G. Lewis & D. Warren ABSTAINING: OPPOSED: None. APPROVED: 5-0-0.
Respectfully Submitted,
Kathleen Noyes
Recording Clerk
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