REGULAR MEETING MINUTES
Monday, May 4, 2015 – 7:00 P.M.
Town Hall, 302 Main Street
1st floor conference room
I. CALL TO ORDER
Chairman Robert Friedmann called the meeting to order at 7:00 p.m.
II. ROLL CALL
Attendant Members
Robert Friedmann, Chairman
Madeleine Fish, Vice Chairman
Geraldine Lewis, Secretary
Marc Delmonico, Regular Member
J. Colin Heffernan, Regular Member
John Talbott, Alternate Member
Deborah Warren, Alternate Member
Attendant Staff
Christina M. Costa, Zoning Enforcement Officer
Kathleen Noyes, Recording Clerk
There were 3 people in the audience.
III. REGULAR BUSINESS
A. MINUTES
There was no new correspondence.
IV. CONTINUED PUBLIC HEARINGS
A. “Dibble/Rhodes” Petition to Amend the Old Saybrook Zoning Map from Residence AA-District to the Industrial I District
Property of Clifford & Lynne Rhodes at 110 Ingham Hill Road (Assessor’s Map 35 / Lot 9) & Property of Robert E. Dibble, Ingham Hill Road (Assessor’s Map 35 / Lot 8); Coastal Area Management District
Petitioner: Robert & Jessie Dibble and Clifford & Lynne Rhodes; Agent: Robert Doane, P.E.
The Public Hearing was closed on 4/20/2015, so tonight’s meeting is just deliberation. R. Friedmann was not here for the 4/20/2015 meeting, and because D. Warren was seated in his place, he asked her to be seated for him in deliberating this matter.
J. C. Heffernan was concerned about expanding the border of the Industrial Zone into the Residential Zone. The gravel pit pre-existed the residential area, but now that the residential area exists, the ramifications of expanding the Industrial Zone into the Residential Zone are long lasting. D. Warren said she shared these concerns.
Motion to approve “Dibble/Rhodes” Petition to Amend the Old Saybrook Zoning Map from Residence AA-District to the Industrial I District; Property of Clifford & Lynne Rhodes at 110 Ingham Hill Road (Assessor’s Map 35 / Lot 9) & Property of Robert E. Dibble, Ingham Hill Road (Assessor’s Map 35 / Lot 8); Coastal Area Management District; Petitioner: Robert & Jessie Dibble and Clifford & Lynne Rhodes; Agent: Robert Doane, P.E. MADE: M Fish: SECONDED: G. Lewis: VOTING IN FAVOR: M. Fish, G. Lewis: ABSTAINING: None: OPPOSED: J. C. Heffernan, D. Warren, M. Delmonico: APPROVED: 2-3-0.
Motion to deny “Dibble/Rhodes” Petition to Amend the Old Saybrook Zoning Map from Residence AA-District to the Industrial I District; Property of Clifford & Lynne Rhodes at 110 Ingham Hill Road (Assessor’s Map 35 / Lot 9) & Property of Robert E. Dibble, Ingham Hill Road (Assessor’s Map 35 / Lot 8); Coastal Area Management District; Petitioner: Robert & Jessie Dibble and Clifford & Lynne Rhodes; Agent: Robert Doane, P.E.MADE: M Fish: SECONDED: M. Delmonico: VOTING IN FAVOR: M. Fish, M. Delmonico, J.C. Heffernan, D. Warren: ABSTAINING: None: OPPOSED: G. Lewis: APPROVED: 4-1-0.
There is currently a structure on the land that is non-conforming. R. Friedmann said the applicant can come back to the Zoning Commission with a petition for a map modification for just the land that the structure is on, or the structure can be moved. He asked Commissioners for their feedback. The regulations go with the land not the present owner.
R. Doane wanted to clarify that the gravel pit is permitted. It pre-dates Zoning. It’s a previously existing use, and Industrial allowed gravel pits at that time. It is not non-conforming.
IV. NEW BUSINESS
A. “The Tea Kettle Restaurant” Proposed Fenced Outdoor Seating Area
1395 Boston Post Road (Assessor’s Map 26 / Lot 12)
Business Owner/Agent: David Ciastko
D.Ciastko presented. He explained to Commissioners that he would like to have 13 outdoor seats for his restaurant. He would like to construct a fence to protect the customers from walking into the woods. The seating would not be in the parking lot. It will be located in the area where the bushes are currently located, facing the restaurant to the left. The area will be gravel not dirt. The landlord has given D. Ciastko permission for this.
R. Friedmann suggested a 6’ or lower fence instead of the proposed 8’ high fence.
There was discussion about the location of the handicapped parking space in relationship to the proposed outdoor seating area. Access to the outdoor seating area requires customers to walk through the handicapped parking space. 96” is the minimum aisle width next to the handicapped space per ADA regulations. The area is not exclusive, but it must be unobstructed.
R. Friedmann explained the formula by which the number of outdoor seats is arrived at. The applicant requested 13 outdoor seats, but he can have 21 outdoor seats because there are 65 seats inside. A picnic table is calculated as seating 4 people per side.
There is no additional outdoor lighting requested for the outdoor seating area because the restaurant closes at 3:00 p.m. There is no entertainment planned for this area.
Motion to approve “The Tea Kettle Restaurant” Proposed Fenced Outdoor Seating Area; 1395 Boston Post Road (Assessor’s Map 26 / Lot 12) Business Owner/Agent: David Ciastko with the stipulation that any fencing be not more than 6’ high, outdoor seats do not exceed 21, there be no additional outdoor lighting in that area, and there shall not be any speakers. MADE: R. Friedmann: SECONDED: G. Lewis: VOTING IN FAVOR: G. Lewis, M. Fish, M. Delmonico, R. Friedmann, J.C. Heffernan: ABSTAINING: None: OPPOSED: None: APPROVED: 5-0-0.
B. Workshop – Discuss possible amendments to outdated and conflicting Zoning Regulations.
C. Costa talked about the policy of writing letters to the neighbors for map changes. She suggested letters be sent to abutting property owners as a courtesy. Commissioners agreed with this.
Many minor changes to the Zoning Regulations were proposed including Community Water Supply and Open Space regulations which were based on suggestions by Attorney Branse.
There was discussion about shopping center designated parking spaces such as “parking with small child” and “pick up only” signs for customers who make their purchases online and pick them up in front of the store. Commissioners discussed the possibility of capping the number of on-site designation signs, excluding handicapped parking signs.
Commissioners talked about Zoning Regulations that pertain to chickens and chicken coops. R. Friedmann asked about excluding roosters from the Zoning Regulations since they make so much noise.
Commissioners asked C. Costa to set a date for a Public Hearing, so the Zoning Regulation changes can be approved.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
C. Costa reviewed upcoming meeting agenda items with Commissioners. She also went over outstanding Performance Bonds. R. Friedmann said if there is a point of contention, Commissioners would like to know about it, if not, and work has been done according to Zoning approval, the bonds can be released.
J.C Heffernan said the maintenance of storm water detention basins is an issue he wanted to discuss on behalf of Inland Wetlands and Watercourses Commission. He said there needs to be some enforcement for maintenance. C. Costa suggested this could be discussed with Town Engineer Geoff Jacobson.
C. Costa offered Commissioners ideas for upcoming workshops/discussions including revisiting drive-thru windows, automotive uses and gas stations with mini marts.
Dairy Queen, 1370 Boston Post Road will be granted 30 outdoor seats. There was a mix-up regarding the number of outdoor seats approved at the 4/20/2015 Zoning Commission meeting.
Commissioners discussed outdoor seating and the businesses that have not yet responded to the letter C. Costa sent regarding the number of outdoor seats a business could have.
VII. ADJOURNMENT
Motion to adjourn the meeting at 8:42 p.m. to the next regularly scheduled Zoning Commission meeting on Monday, May 18, 2015 at 7:00 p.m. at the Town Hall 1st Floor Conference Room, 302 Main Street, Old Saybrook. MADE: G. Lewis. SECONDED: J. C. Heffernan. VOTING IN FAVOR: R. Friedmann, J. C. Heffernan, M. Delmonico, G. Lewis & M. Fish. ABSTAINING: OPPOSED: None. APPROVED: 5-0-0.
Respectfully Submitted,
Kathleen Noyes
Recording Clerk
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