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Zoning Commission Minutes 05/18/2015
REGULAR MEETING MINUTES
Monday, May 18, 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 7:03 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 5 people in the audience.

III.    REGULAR BUSINESS
        
A.      MINUTES

  • CORRESPONDENCE
There was no new correspondence other than what Commissioners received as part of each application.

IV.        PUBLIC HEARINGS

Motion to move IV. PUBLIC HEARINGS A. “Wilcox Residence” Application for Special Exception Use/Coastal Site Plan Review for 2,744 s.f. of additions to a single family residence (5,485 s.f. gfa proposed). Residence AA-2 District, CAM Zone, CT River Gateway Conservation Zone. 10 Rivers Ridge Road (Map 53 / Lot 32-7) Applicant: Alfred Wilcox; Agent: Attorney Edward M. Cassella to after IV. PUBLIC HEARINGS C. “Main Street Connection Park – Phase I” MADE: R. Friedmann: SECONDED: G. Lewis: VOTING IN FAVOR: M. Fish, G. Lewis, R. Friedmann, J. C. Heffernan, M. Delmonico: ABSTAINING: None: OPPOSED: None: APPROVED: 5-0-0.

B.      “Roam Tree Road, LLC” Application for Motor Vehicle Rental/Sales/Repair and Warehousing Use.
360 Boston Post Road (Map 53 / Lot 49) Business B-4 District
        Applicant: Roam Tree Road, LLC; Agent: Gene Robida, P.E.

G. Robida, P.E. presented for the applicant. This application has been before the Architectural Review Board, the Zoning Board of Appeals and the Planning Commission, and it has been approved by all three Commissions. The Planning Commission requested that some trees be moved to allow for a future walkway, and they requested that native plantings be used. G. Robida reviewed the planting plan in detail. The applicant has amended the application to reflect these changes.

Referrals have been received from the CRAHD (CT River Area Health District), the Fire Marshal, the Planning Commission and the Architectural Review Board.

        The existing structure is a single story, steel building. It used to house a car dealership. No changes are being proposed to the footprint of the building however, a lot of exterior changes are being made to enhance the aesthetics of the building. G. Robida said all of the outdoor lighting will be downward facing LED lights.

        The signage proposed meets the Zoning Regulations, and it has been recommended for approval by the Architectural Review Board. R. Friedmann would like to have numbers consistent with what is written on the plans for the size of the wall signs. G. Robida said the numbers would be provided.

        Environmental Containment Systems supplies and rents environmental equipment such as diesel and gas compressors, generators, dust collectors, etc., and they will be using the majority of the building for warehouse space.

        G. Robida performed the parking calculations, and the number of parking spaces meets the use of the building. There will be a tenant renting part of the building. Potential tenants are a truck rental leasing company or a potential boat dealer.

The height of the fence will be 6 feet. The Goodwill/Salvation Army Collection Boxes are existing. Commissioners asked that the collection boxes be screened or moved to the side of the building to a safe location.

R. Friedmann said there are combination of uses being proposed, and this effects the parking calculations. The uses are in flux.

R. Friedmann would like the Statement of Use to be changed. He asked the applicant to remove the following sentence from page 2 in the Statement of Use: “The building will be utilized as an incidental use from their primary business location at 148 Mill Rock Road in Old Saybrook.”

There was discussion about parking space striping. Steve Bogan said the parking striping will be taken care of after the outcome of tonight’s meeting.

Commissioners requested the following as conditions of approval: the maximum height of the free support structure for the free standing sign is 6’, all pole lighting will be a maximum of 12’ high from existing grade and will not include a concrete pad or base, the donation boxes will be relocated to the south west property line so they are less conspicuous and do not obstruct parking spaces or landscaping. The locations and number of boxes will be depicted on the site plan. The tenant wall sign over the door will be a maximum of 21s.f. and the ECS sign will be a maximum of 6 s.f. The free standing sign will be LED back lit per the recommendations of the Architectural Review Board. All paving and striping will be completed prior to the issuance of a Certificate of Occupancy. A revised site plan will be submitted to the Zoning Enforcement Officer reflecting the conditions of approval. A revised Statement of Use will be provided to the Zoning Enforcement Officer removing references to this property being accessory or incidental to any use on a different lot. The proposed tenant is required to obtain a Certificate of Zoning Compliance prior to the opening of the business.

R. Friedmann asked if anyone in the audience wished to speak either for or against the application. No one asked to speak.

Motion to close the Public Hearing for “Roam Tree Road, LLC” Application for Motor Vehicle Rental/Sales/Repair and Warehousing Use. 360 Boston Post Road (Map 53 / Lot 49) Business B-4 District; Applicant: Roam Tree Road, LLC; Agent: Gene Robida, P.E. MADE: R. Friedmann: SECONDED: G. Lewis: VOTING IN FAVOR: M. Fish, G. Lewis, R. Friedmann, M. Delmonico, J.C. Heffernan: ABSTAINING: None: OPPOSED: None: APPROVED: 5-0-0.

Motion to approve “Roam Tree Road, LLC” Application for Motor Vehicle Rental/Sales/Repair and Warehousing Use. 360 Boston Post Road (Map 53 / Lot 49) Business B-4 District; Applicant: Roam Tree Road, LLC; Agent: Gene Robida, P.E. with the following conditions: the maximum height of the free support structure for the free standing sign is 6’, all pole lighting will be a maximum of 12’ high from existing grade and will not include a concrete pad or base, the donation boxes will be relocated to the south west property line so they are less conspicuous and do not obstruct parking spaces or landscaping. The locations and number of boxes will be depicted on the site plan. The tenant wall sign over the door will be a maximum of 21s.f. and the ECS sign will be a maximum of 6 s.f. The free standing sign will be LED back lit per the recommendations of the Architectural Review Board. All paving and striping will be completed prior to the issuance of a Certificate of Occupancy. A revised site plan will be submitted to the Zoning Enforcement Officer reflecting the conditions of approval. A revised Statement of Use will be provided to the Zoning Enforcement Officer removing references to this property being accessory or incidental to any use on a different lot. The proposed tenant is required to obtain a Certificate of Zoning Compliance prior to the opening of the business. MADE: R. Friedmann: SECONDED: G. Lewis: VOTING IN FAVOR: M. Fish, G. Lewis, R. Friedmann, M. Delmonico, J.C. Heffernan: ABSTAINING: None: OPPOSED: None: APPROVED: 5-0-0.

C.      “Main Street Connection Park – Phase I” Application for Site Plan Review for park and municipal parking lot (1.23 ac)
225 Main Street (Map 30 / Lot 58) Business B-1 District, CAM Zone & Pedestrian Node
        Applicant: Town of Old Saybrook; Agent: Geoff Jacobson, P.E.

        G. Jacobson presented for the applicant. This land is the parcel where the old police station was located. Phase I of this project includes the infrastructure such as parking and sidewalks. There will be a stenciled brick sidewalk which will go through the Phase II area providing a pedestrian looped walkway. There will be 31 parking spots. The parking lot will drain toward the central median area. The storm area will be infiltrated on site. The rain garden is a modified soil mix. Low impact development techniques have been used. There is no vehicular access to the Phase II area. Any parking has to be part of the Phase I area. The game tables, water fountain and bocce court are handicapped accessible. There is a proposed park sign consistent with the other town park signage in town. The proposed 12’ light poles match what is being used at The Katharine Hepburn Cultural Arts Center. Bollard style lighting is being proposed at the northern edge of the sidewalk. The landscaping was originally comprised of 50% native plantings and 50% non-native plantings. This mix is being modified so 84% of the plantings will be native plantings.

This application has been before the Planning Commission, the Parks and Recreation Commission and the Economic Development Commission. The EDC made some recommendations. The Fire Marshal has no concerns.

R. Friedmann stated that according to the Zoning Regulations, the highest most point of any lighting fixture is 14’ from grade to the top.

The ARB recommended that the bocce courts be lit after dark, but R. Friedmann said per the Zoning Regulations, the playing fields cannot be illuminated after dark.

There was discussion about pedestrian street crossing from the Main Street Connection Park to the other side of Main Street. First Selectman Carl Fortuna said the local traffic authority is not in favor of locating another cross walk so close to the Sheffield Street crosswalk.

D. Warren asked about possible construction of public restrooms. G. Jacobson said there has been discussion about building public restrooms as part of Phase II, but no definitive decisions have been made.

Tedd Levy, resident of Old Saybrook, shared his many concerns about this project. He suggested many possibilities for the use of the area, and he suggested the local merchants and residents should be consulted for their ideas and feedback for this project. He raised concerns about lack of public involvement and lack of involvement from the other town boards and commissions. He recommended the plan include more activities for residents of all ages, that the number of parking spaces be reduced and more studies be done.

Brett Elliot, the Executive Director of the Katharine Hepburn Cultural Arts Center, submitted a letter which C. Fortuna read aloud pertaining to current parking concerns.

C. Fortuna addressed T. Levy’s concerns. He said if the town would like to create a recreational use as Phase II, additional parking needs to be created as part of Phase I. C. Fortuna said a lot of thought and planning have gone into the use of this space.

D. Warren suggested a “no left turn” sign be placed at the exit, so cars don’t turn left onto Main Street.
                                                                                                    
Carol Manning, resident of Old Saybrook, spoke about the bocce courts.

Motion to close the Public Hearing for “Main Street Connection Park – Phase I” Application for Site Plan Review for park and municipal parking lot (1.23 ac) 225 Main Street (Map 30 / Lot 58) Business B-1 District, CAM Zone & Pedestrian Node; Applicant: Town of Old Saybrook; Agent: Geoff Jacobson, P.E. MADE: M. Fish: SECONDED: G. Lewis: VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. C. Heffernan, M. Delmonico: ABSTAINING: None: OPPOSED: None: APPROVED: 5-0-0.

Motion to approve “Main Street Connection Park – Phase I” Application for Site Plan Review for park and municipal parking lot (1.23 ac) 225 Main Street (Map 30 / Lot 58) Business B-1 District, CAM Zone & Pedestrian Node; Applicant: Town of Old Saybrook; Agent: Geoff Jacobson, P.E. as submitted because the application is consistent with all applicable coastal policies and makes all reasonable measures to avoid adverse impacts. The Zoning Commission approves the application with the recommendation of the Economic Development Commission to construct brick sidewalks with a concrete base or with full-depth colored cement to improve the look of the sidewalks and minimize the need for re-staining. The town will maintain the town standard for sidewalks.  MADE: R. Friedmann: SECONDED: G. Lewis: VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. C. Heffernan, M. Delmonico: ABSTAINING: None: OPPOSED: None: APPROVED: 5-0-0.

A.      “Wilcox Residence” Application for Special Exception Use/Coastal Site Plan Review for 2,744 s.f. of additions to a single family residence (5,485 s.f. gfa proposed). Residence AA-2 District, CAM Zone, CT River Gateway Conservation Zone.  10 Rivers Ridge Road (Map 53 / Lot 32-7)
        Applicant: Alfred Wilcox; Agent: Attorney Edward M. Cassella

        Attorney Edward M. Cassella presented for the applicant. The applicant would like to tear down the existing 2 story house and construct a new, single story house with a swimming pool.

        The Zoning Board of Appeals granted a variance for an 11’ portion of the 100’ riparian buffer, and they’ve required that the impervious surface not be increased. The Gateway Commission asked that the existing trees will remain.

        Houses in the Gateway Zone over 3,500 feet are required to file an application for a Special Exception Use. The total square footage proposed in this application is 5,072 s.f.

        The major part of the addition is adding the garage to the rear. This garage does not affect any vistas or views from the river.

        The referrals were sent to the Zoning Board of Appeals. No town agencies were opposed to this application.

        R. Friedmann asked if anyone from the public wished to speak either for or against the application. There was no one in the audience.

Motion to close the Public Hearing for “Wilcox Residence” Application for Special Exception Use/Coastal Site Plan Review for 2,744 s.f. of additions to a single family residence (5,485 s.f gfa proposed). Residence AA-2 District, CAM Zone, CT River Gateway Conservation Zone. 10 Rivers Ridge Road (Map 53 / Lot 32-7) Applicant: Alfred Wilcox; Agent: Attorney Edward M. Cassella. MADE: R. Friedmann: SECONDED: G. Lewis: VOTING IN FAVOR: M. Fish, G. Lewis, R. Friedmann, J. C. Heffernan, M. Delmonico: ABSTAINING: None: OPPOSED: None: APPROVED: 5-0-0.

Motion to approve “Wilcox Residence” Application for Special Exception Use/Coastal Site Plan Review for 2,744 s.f. of additions to a single family residence (5,485 s.f. gfa proposed). Residence AA-2 District, CAM Zone, CT River Gateway Conservation Zone. 10 Rivers Ridge Road (Map 53 / Lot 32-7) Applicant: Alfred Wilcox; Agent: Attorney Edward M. Cassella because the application is consistent with all applicable coastal policies and makes all reasonable measures to avoid adverse impacts. The Zoning Commission approves the application with the stipulation that no pesticide or fertilizer be used in the riparian buffer. MADE: R. Friedmann: SECONDED: G. Lewis: VOTING IN FAVOR: M. Fish, G. Lewis, R. Friedmann, J. C. Heffernan, M. Delmonico: ABSTAINING: None: OPPOSED: None: APPROVED: 5-0-0.

V.        PRELIMINARY DISCUSSION
        
A.      “Eastpointe, LLC” Petition to amend the Zoning Regulations to increase maximum building height to more than 38’ in the IHZ MF Zone
Applicant: Eastpointe, LLC; Agent: Attorney Edward M. Cassella

This matter is being tabled to the next regularly scheduled Zoning Commission meeting which will be held on Monday, June 1, 2015, Town Hall, 302 Main Street, 1st Floor Conference Room at 7:00 p.m.

VI.     COMMITTEE, REPRESENTATIVE & STAFF REPORTS

        C. Costa discussed enforcement issues and upcoming agenda items.

1522 Boston Post Road - J.A.M.M.S. is moving into the old Mike’s Deli location. C. Costa requested that the paperwork be handled administratively as a Special Exception Use to Special Exception Use.

535 Boston Post Road (formerly Great Harvest Bread Company) has another restaurant applicant. C. Costa asked if this could be handled administratively as a Special Exception Use to Special Exception Use. Commissioners said yes.

144 Main Street - Swag took over The Silver Lining. C. Costa will look into this because she does not have a permit for it.

C. Costa has been enforcing signs, particularly real estate signs.

Middlesex Urgent care located in the West Marine complex has obtained their necessary permits.

22 Denmore Lane – The property should have closed on Friday, May 15, 2015. The contract purchasers have converted the accessory apartment. There is a possibility that the lawsuit the Zoning Commission has against the current owner of 22 Denmore Lane for the illegal apartment can be dropped if the house is sold and the new owners bring the apartment into compliance.

Annual gravel pit inspections will be done on June 1, 2015. Commissioners should be ready to leave the Town Hall parking lot at 6:00 p.m.

VII.    ADJOURNMENT

Motion to adjourn the meeting at 9:48 p.m. to the next regularly scheduled Zoning Commission meeting on Monday, June 1, 2015 at 7:00 p.m. at the Town Hall 1st Floor Conference Room, 302 Main Street, Old Saybrook. MADE: R. Friedmann. SECONDED: G. Lewis. 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