REGULAR MEETING MINUTES
Monday, June 15, 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
Deborah Warren, Alternate Member
Absent Members
John Talbott, Alternate Member
Attendant Staff
Christina M. Costa, Zoning Enforcement Officer
Kathleen Noyes, Recording Clerk
There was 1 person in the audience.
III. REGULAR BUSINESS
A. MINUTES
B. CORRESPONDENCE
Motion to pay the following invoices from Branse & Willis, LLC: invoice # 38334 for $148.00, #38335 for $37.00, #38336 for $1,702.00, #38338 for $925.00 and #38339 for $259.00 for a total of $3,071.00. MADE: G. Lewis. SECONDED: M. Delmonico. VOTING IN FAVOR: G. Lewis, M. Fish, M. Delmonico, J. C. Heffernan, R. Friedmann. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
Motion to pay the following invoices from Nathan Jacobson & Associates: invoice #81597 for $33.01, invoice #81586 for $700.57, invoice #81587 for $185.63, invoice #81584 for $421.20 and invoice #81585 for $123.75 for a total of $1,464.16. MADE: G. Lewis. SECONDED: R. Friedmann. VOTING IN FAVOR: G. Lewis, M. Fish, M. Delmonico, J. C. Heffernan, R. Friedmann. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
IV. PUBLIC HEARINGS
- “Lee Residence” Special Exception for Residence- 5,171 s.f. (1.4 acres)
185 Ayers Point Road (Map 63 / Lot 67) Residence AA-1 District, Coastal Area Management & Gateway Conservation Zones
Applicant: George & Kathleen Lee Agent: Tom Metcalf, P.E.
A memo was received from the CT River Area Health District (CRAHD) dated 6/9/2015 stating the plan meets the Public Health Code Requirements. Another memo was received from Marcy Balint from the CT DEEP Office of Long Island Sound Programs dated 6/10/2015 with comments and recommendations.
C. Costa noted that Don Lucas, Building Official wrote a memo with no concerns.
T. Metcalf presented for the applicant. He distributed revised plans based on comments made by the CRAHD, the Gateway Commission and the CT DEEP. He also distributed a copy of a letter from J.H. Torrance Downes, Senior Planner, LCRVCOG (Lower CT River Valley Council of Governments) CT River Area Gateway Commission dated 5/29/2015 with comments.
There was discussion about tree retention, vegetation, elevation, grade and its impact on erosion control and the septic system installation.
MOTION to close the Public Hearing for “Lee Residence” Special Exception for Residence- 5,171 s.f. (1.4 acres) 185 Ayers Point Road (Map 63 / Lot 67) Residence AA-1 District, Coastal Area Management & Gateway Conservation Zones; Applicant: George & Kathleen Lee; Agent: Tom Metcalf, P.E. 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 “Lee Residence” Special Exception for Residence- 5,171 s.f. (1.4 acres) 185 Ayers Point Road (Map 63 / Lot 67) Residence AA-1 District, Coastal Area Management & Gateway Conservation Zones; Applicant: George & Kathleen Lee; Agent: Tom Metcalf, P.E. with the condition that the mature tree located in the southeastern corner of the lot and the trees located by the septic system be preserved. No additional vegetation or trees will be removed in the area of the septic system. This application is consistent with all applicable coastal policies and makes all reasonable measures to avoid adverse impacts. 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.
- Petition to Amend the Old Saybrook Zoning Regulations, Section 9, 51.6, 5a.1b, 56.6.4 to clarify Community Water Supply and allow well water for Open Space Subdivision in circumstances where public water is not feasible. Remove private country club, club and golf course text from Sections 9, 21.2.15, 22.2.14, 26.2.3, 27.2.13, 55, 62.4.6 S & T. Amend 68.2 to allow for articulations in façade visible from adjacent property. Add text to Sections 3.3.4 & 9 for Coastal Jurisdiction Line. Correct name of RiverCOG in Sections 51.4.6 & 53. Correct Text from use to districts in Incentive Housing Zones Sections 54.8.2c, 54.8.3c, 54.8.5. Remove nursing home facility as a prohibited use in Section 34.3.1.
Petitioner: Old Saybrook Zoning Commission
A memo dated 6/10/2015 was received from Marcy Balint of the CT DEEP OLISP with comments.
Town Attorney Matthew Willis sent a history of when the Town of Old Saybrook first adopted Zoning Regulations for the Commissioners’ reference. The document is entitled, “Tentative Draft of the Zoning Ordinance for the Town of Old Saybrook, CT Revised to November 20, 1934.”
C. Costa summarized the changes for Commissioners, and she read the list of referrals received. The referrals were sent out from the Land Use Office on May 6, 2015.
Attorney Royston spoke about the Community Water Supply and the water supply loop. He spoke as a citizen, not representing any client. He said he is in favor of the change in the language regarding Open Space Subdivisions and Community Water Systems. He suggested that in the absence of a community water system, a lot could be reduced to 40,000 square feet.
R. Friedmann said Commissioners should discuss the number of square feet of the lot reduction.
There was discussion about the terms “golf club”, and “membership club”.
Attorney Royston suggested it would be helpful if Commissioners were to specify what section of the parking regulations membership clubs would be pursued on.
J. C. Heffernan said he would like to see a map to get a better sense of what is included in Section 68.2 regarding the articulation in façade visible from adjacent property.
In review, C. Costa said Commissioners requested the modification of the heading in Section 62.4.6 of Item S in which the language should be changed to membership club, lodge or community house replacing the existing title which is country club, club and golf course.
MOTION to close the Public Hearing for Petition to Amend the Old Saybrook Zoning Regulations, Section 9, 51.6, 5a.1b, 56.6.4 to clarify Community Water Supply and allow well water for Open Space Subdivision in circumstances where public water is not feasible. Remove private country club, club and golf course text from Sections 9, 21.2.15, 22.2.14, 26.2.3, 27.2.13, 55, 62.4.6 S & T. Amend 68.2 to allow for articulations in façade visible from adjacent property. Add text to Sections 3.3.4 & 9 for Coastal Jurisdiction Line. Correct name of RiverCOG in Sections 51.4.6 & 53. Correct Text from use to districts in Incentive Housing Zones Sections 54.8.2c, 54.8.3c, 54.8.5. Remove nursing home facility as a prohibited use in Section 34.3.1.
Petitioner: Old Saybrook Zoning Commission MADE: G. Lewis: SECONDED: M. Delmonico: VOTING IN FAVOR: R. Friedmann, G. Lewis, J.C. Heffernan, M. Fish, M. Delmonico: ABSTAINING: None: OPPOSED: None: APPROVED: 5-0-0. .
MOTION to approve Petition to Amend the Old Saybrook Zoning Regulations, Section 9, 51.6, 5a.1b, 56.6.4 to clarify Community Water Supply and allow well water for Open Space Subdivision in circumstances where public water is not feasible. Remove private country club, club and golf course text from Sections 9, 21.2.15, 22.2.14, 26.2.3, 27.2.13, 55, 62.4.6 S & T. Amend 68.2 to allow for articulations in façade visible from adjacent property. Add text to Sections 3.3.4 & 9 for Coastal Jurisdiction Line. Correct name of RiverCOG in Sections 51.4.6 & 53. Correct Text from use to districts in Incentive Housing Zones Sections 54.8.2c, 54.8.3c, 54.8.5. Remove nursing home facility as a prohibited use in Section 34.3.1 with the change to Section 62.4.6 Parking Item S in which the existing heading be
amended to Membership Club, Lodge or Community House. This Petition will be based on the document last revised on May 4, 2015. The Petition will be effective Wednesday, July 1, 2015. Petitioner: Old Saybrook Zoning Commission MADE: R. Friedmann: SECONDED: G. Lewis: VOTING IN FAVOR: R. Friedmann, G. Lewis, J.C. Heffernan, M. Fish, M. Delmonico: ABSTAINING: None: OPPOSED: None. APPROVED: 5-0-0.
V. OLD BUSINESS
- “Max’s Place” Report on project completion status for 127,600 s.f. shopping center, including 54,100 s.f. grocery store, 54,000 s.f. retail building, 8,000 s.f. liner building, 10,000 s.f. liner building, parking and landscaping. Spencer Plain Road, Gateway Business B-4 District, Pedestrian Node
Map 25 / Lot 2, 28, 29, 30 and Map 26 / Lots 6-10, 6-11, 6-12, 32 and 32-1)
Applicant: Max’s Place, LLC; Agent: Attorney David M. Royston
Attorney David Royston presented for the applicant.
Attorney Royston announced the following updates for the on-site improvements: the fence around Dr. Cathryn Flanagan’s property was installed on or before May 4, 2015. The landscaping maintenance bond has been posted. It has been reduced. The significance is that it goes to June 3, 2016 which has been deemed to be the end of that year for the second year growth. The signage issues have been resolved. The only remaining signage issue is regarding the wetlands. The applicant is waiting for the language for the signage from the Inland Wetlands & Watercourses Commission.
Regarding the off-site improvements, specifically Center Road West, the road has been deeded to the town, and the cul de sac system must be accepted into the Town road system. Monuments have been placed, but an As Built plan is needed. This is virtually complete. The documentation must be completed.
The detention basin, which is under the IWWC jurisdiction, has a new trash rack that’s been installed. There is still an issue of algae, and the reason for the algae is not causing issues relating to functionality. This has been done under the IWWC permit, and it must be maintained.
The Chalker Beach Association requested that the traffic lights be made operational. This has been done. No complaints have been received since the lights started working.
Regarding Chalker Beach Road and Center Road, the DOT mandated that the traffic lights were not allowed to be operational until the eastbound bypass lane from Spencer Plain and Boston Post Road was completed. The water line needed to be completed before the road could be completed. The fittings have not yet been delivered for the culvert. The manufacturer said he is doing everything he can. The fittings have already been paid for.
Commissioner M. Delmonico asked for permission to contact the manufacturer to see what is causing the delay of delivery. M. Delmonico will set up a meeting with Attorney Royston to conference call the manufacturer.
There was discussion about extending the permit because of the incompletion of the bypass lane because the fitting for the culvert has not been received. D. Royston said he has done a lot of work to be sure the conditions of approval have been met on time. Commissioners decided to ask for status reports from Max’s Place at each upcoming Zoning Commission meeting until the bypass lane portion of the project has been completed.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
36 Lynde Street - C. Costa reported that the Department of Police Services is requesting an extension of the existing fence. There was also a request for a minor modification to replace the crab apple trees with cherry trees for the Main Street Connector Park. Commissioners advised that this could be handled administratively.
20 Denmore Lane – The lawsuit is being closed out.
42 Maynard Road - St. John’s School is requesting approval to make parking lot improvements. The fire chief and the police chief have been to the site with the engineer. Commissioners directed the ZEO to handle this matter administratively. This matter was first discussed at the 2/17/15 Zoning Commission meeting.
On 6/17/15, Nathan’s Hotdogs would like to have a hotdog tasting event at the Big Y parking lot at Max’s Place.
925 Boston Post Road – Town Fair Tire is interested in moving into the building at 925 Boston Post Road. The use was considered retail when Town Fair Tire moved into the shopping center at 907 Boston Post Road many years ago. C. Costa found documentation in the Land Use Master Files showing that in April 1990, the permitted use was unclear. Commissioners discussed whether this should be considered a retail or Special Exception Use. The use needs to be clarified. Currently, Town Fair Tire’s use fits its current location. Commissioners need to decide if according the Zoning Regulations, the use fits the district. Commissioners would like Town Fair Tire to attend their July 6, 2015 Zoning Commission meeting to discuss their plan.
VII. ADJOURNMENT
MOTION to adjourn the meeting at 9:20 p.m. to the next regularly scheduled Zoning Commission meeting on Monday, July 6, 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
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