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Zoning Commission Minutes 06/01/2015
REGULAR MEETING MINUTES
Monday, June 1, 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 7:12 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

B.      CORRESPONDENCE

Motion to pay invoice # 81384 for $442.27 and invoice # 81385 for $$33.01 from Nathan L. Jacobson & Associates, Inc. for a total of $475.28. MADE: G. Lewis. SECONDED: M. Fish. VOTING IN FAVOR: G. Lewis, M. Fish, M. Delmonico, J. C. Heffernan, R. Friedmann. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.

R. Friedmann signed an approval to pay $5,000.00 to Branse & Willis for work for the Zoning Commission. This invoice was received between Zoning Commission meetings.

IV.        NEW BUSINESS

A.      REFERRAL: Petition to Amend “Subdivision Regulations” Section 2 “Community Water Supply”, Section 5.6.1 “Water Supply”
Petitioner: Old Saybrook Planning Commission

        A letter dated 5/19/2015 was received from the Lower CT River Valley of Governments (RiverCOG) stating that they found that there would be little or no inter-municipal impact or impacts to the ecosystem of Long Island Sound were regulations to be revised as proposed.

        C. Costa explained that Attorney Branse previously reviewed the Zoning Regulations for Community Water Systems. He recently recommended that the Planning Commission amend their Open Space Subdivision Regulations for Community Water Supply and Water Supply. This is text that is similar to what the Zoning Commission has adopted as it pertains to Open Space Subdivisions. The regulation changes for the Planning Commission mirror what the Zoning Commission has adopted as amended text. The proposed changes will help both the Zoning Commission and the Planning Commission work together when reviewing and approving Open Space Subdivisions and Community Water Supply.

The Zoning Enforcement Officer will send a positive referral to the Planning Commission letting them know that this matter was discussed at the June 1, 2015 regular meeting of the Zoning Commission.

Motion to have the Zoning Enforcement Officer send a positive referral for Petition to Amend “Subdivision Regulations” Section 2 “Community Water Supply” Section 5.6.1 “Water Supply” Petitioner: Old Saybrook Planning Commission 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.        PERMIT RENEWAL: Gravel Pits

M. Delmonico, G. Lewis, R. Friedmann and C. Costa visited the three gravel pits this evening at 6:00 p.m.

  • Robert Dibble, Ingham Hill Road (Map 35 / Lot 8)
C. Costa reported that 9,000 cubic yards of material has been brought to the site. 6,000 cubic yards of top soil is being kept at the site for the Old Saybrook High School. There are 3,000 cubic yards of material for processing. 1,000 cubic yards have been removed from the site. All fees have been paid.

Motion to renew the gravel pit permit for 2015-2016 for Robert Dibble, Ingham Hill Road (Map 35 / Lot 8) MADE: R. Friedmann: SECONDED: G. Lewis: VOTING IN FAVOR: G. Lewis, R. Friedmann, M. Delmonico: ABSTAINING: J.C. Heffernan, M. Fish: OPPOSED: None: APPROVED: 3-0-2.

  • The Estate of Carl F. Piontkowski, 38 Ridge Drive (Map 52 / Lot 32)
There has been no activity since the last inspection. The Estate of Carl F. Piontkowski intends to keep the gravel permit open.

Motion to renew the gravel pit for 2015-2016 for The Estate of Carl F. Piontkowski, 38 Ridge Drive (Map 52 / Lot 32)   MADE: R. Friedmann: SECONDED: G. Lewis: VOTING IN FAVOR: G. Lewis, R. Friedmann, M. Delmonico: ABSTAINING: J. C. Heffernan, M. Fish: OPPOSED: None: APPROVED: 3-0-2.

  • B & L Construction, 756 Middlesex Turnpike (Map 63 / Lot 3)
        
There is a variety of material there which is well organized. 12,680 cubic yards have been delivered and stockpiled. 21,810 cubic yards of material have been removed. All fees have been paid.

Motion to renew the gravel permit for 2015-2016 for B&L Construction, 756 Middlesex Turnpike (Map 63/ Lot 3); MADE: R. Friedmann: SECONDED: G. Lewis: VOTING IN FAVOR: G. Lewis, R. Friedmann, M. Delmonico: ABSTAINING: M. Fish, J. C. Heffernan: OPPOSED: None: APPROVED: 3-0-2.

Motion to amend the agenda to add “Eastpointe, LLC” Information discussion to discuss height in the IHZ Incentive Housing Zone. Applicant: Eastpointe, LLC; Agent: Attorney Edward M. Cassella:. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: G. Lewis, M. Fish, M. Delmonico, J. C. Heffernan, R. Friedmann. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.

        “Eastpointe, LLC” Informal discussion to increase maximum building height to more than 38’ in the IHZ MF Zone
Applicant: Eastpointe, LLC; Agent: Attorney Edward M. Cassella

                Bill Finger, Bryan Robik and Attorney Edward Cassella presented.

In 2013, when the applicant initially requested an amendment for the building height increase for the multi-family housing development, they requested the height be increased to 47’ instead of 38’. That request was denied as part of the initial application.

Attorney Cassella stated that the Eastpointe site plan was approved in April 2014. Mylars have been signed. Eastpointe is currently engaged in the process of purchasing the two properties. The applicant would like to request an increase of height to 44’ instead of 38’. Renderings of the 38’ height buildings and the 44’ height buildings were both shown to Commissioners. The applicant explained that at 38’, the buildings were not as attractive. At 44’ feet the aesthetics of the buildings were improved. With the proposed increase in height, nothing will change except for the roof height. The height of the window sills will not change.

Attorney Cassella mentioned that in the Industrial Zone, across the railroad tracks, the allowable building height is 50’.

Commissioners asked if balloons could be tethered at the 38’ height and the 44’ height, so the difference in height could be viewed from different vantage points in town such as the Old Saybrook Shopping Center, Saybrook Junction, Main Street, the railroad bridge and Boston Post Road.

R. Friedmann said Incentive Housing Zone IHZ height requirements should be consistent.

Commissioners agreed that the Zoning Commission will stand by its initial approval of 38’ height of the buildings.

VI.     COMMITTEE, REPRESENTATIVE & STAFF REPORTS

C. Costa updated Commissioners on outdoor seating responses. Four restaurants have still not responded to C. Costa’s letter. Commissioners engaged in a lengthy discussion about the outdoor seating process and outdoor seating enforcement. Also, parking was discussed as it pertains to increased outdoor seating.

C. Costa is going to talk with Attorney Branse about possible outdoor seating renewal options, and she will report to the Commission.

The following restaurants have submitted their outdoor seating plans, and these plans have been approved: Five Guys, J.A.M.S.S., Jake’s Wayback Burgers, Mystic Market, Otter Cove Restaurant, Pursuit of Pastry, Red Hen, Sal’s Pizza and Pasta and Tissa’s Le Souk du Maroc.

The following restaurants have not submitted their outdoor seating plans: Fiores, Mr. Jalapeno, Paesan’s Pizza and Starbucks. Commissioners directed C. Costa to send follow up letters to these four restaurants approving them for the same number of seats approved in 2014.

A-Frame signs, which are strictly prohibited, are a problem in certain parts of town. C. Costa has heard from the Director of Public Works about safety concerns. In the past, merchants expressed concerns that they weren’t allowed enough signs to advertise their businesses. The Zoning Regulations were changed to accommodate the needs of frustrated merchants to allow for more temporary advertising signs, and now C. Costa is hearing complaints that there are too many signs. Commissioners discussed A-frame sign enforcement. They asked C. Costa to discuss the possible health and safety issues of A-frame signs.

Commissioners would like Max’s Place to come in for a status update at their regular meeting on Monday, June 15, 2015 at 7:00 p.m., 302 Main Street, 1st Floor Conference Room.

VII.    ADJOURNMENT

Motion to adjourn the meeting at 8:35 p.m. to the next regularly scheduled Zoning Commission meeting on Monday, June 15, 2015 at 7:00 p.m. at the Town Hall 1st Floor Conference Room, 302 Main Street, Old Saybrook. MADE: G. Lewis. SECONDED: M. Fish. 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