TOWN OF WESTBROOK ZONING COMMISSION
Regular Meeting
February 23, 2010
The Zoning Commission of the Town of Westbrook held its Regular Meeting on February 23, 2010 in the Multi-Media Room of the Mulvey Municipal Center, located at 866 Boston Post Road, Westbrook, Connecticut.
Establishment of Quorum:
Members present were Chairman Tony Marino, Robert Hagemeister, Harry Ruppenicker Jr., and Alternate Dwayne Xenelis who was seated for Chris Ehlert. Also present was ZEO Nancy Rudek. The Chairman called the meeting to order at 7:02 p.m. Member Chris Ehlert arrived at 7:03 p.m. at which time Alternate Dwayne Xenelis was seated for Tom Belval. Tom Belval arrived at 7:05 p.m.
Agenda Additions:
A motion was made by Harry Ruppenicker Jr., seconded by Chris Ehlert, to add (1) receipt of application Z2010-05 - 9 Beach Court, and (2) Hill Farm, special funds, bond releases, to the agenda. The motion carried unanimously.
Receipt of Applications:
1. Z2010-03 - 1551 Boston Post Road (Water’s Edge Resort), Site Plan Modification, “Rich” Building.
Present for the applicant were Alvin G. Wolfgram P.E. of A-L Consulting LLC, Marc A. Petrin, Architect, and Rob Scott, representative of Water’s Edge. Mr. Wolfgram presented the proposal to the Commission, explaining that at present, the building was retail/office and proposed was /retail/office/medical. The medical component changed the parking configurations and requirements to add one (1) additional parking space, from 30 to 31. Building modifications include an external glass elevator satisfying ADA access requirements and an enclosed building entrance.
Proposed interior modifications were presented by Mr. Petrin. Commission concerns addressed the glass elevator, aesthetics and what could be seen from the exterior of the building, how tall the building will be with the proposed elevator (33'4"), dumpster location, stipulations from prior July 28, 1987 site plan approval, what type of medical office and how many physicians (general practice, one physician), deliveries, setbacks, landscaping and protection of the elevator structure from cars in the parking area. The representatives explained that the existing tower is non-conforming, and the rear yard setback is pre-existing, non-conforming. As for the future possibility of an expanded medical use to house additional physicians, the applicant’s representative explained that the parking requirements would have to be reconfigured when and if that occurred, necessitating return to the Commission for approval of an additional site plan modification. No additional landscaping or lighting is proposed. One way glass and smoked glass was discussed as possibilities for the glass elevator as well as possible need of additional landscaping to soften the building’s foundation.
1
Zoning Commission Meeting 2/23/2010
A motion was made by Harry Ruppenicker Jr., seconded by Chris Ehlert, to receive and approve application Z2010-03, 1551 Boston Post Road (Water’s Edge) for site plan modification of the “Rich” Building, on plans known as “The “Rich” Building, Westbrook, CT, Site Plan Modifications”, A-L Consulting LLC, P O Box 863, Essex, Connecticut, Planning/Engineering, drawing 1/3, Scale 1" = 40', dated Feb. 11, 2010; and interior plans “Medical Offices, Rich Building, 1551 Boston Post Road, Westbrook, CT”, Marc A. Petrin architect, 905 East Johnson Avenue, Cheshire, CT, 203-605-7604, “Floor Plan” drawing 2/3 and “Rich Bldg Elev/Lobby” drawing 3/3, dated 12/10/09, with the following stipulations:
(1) dumpster location to be shown on the site plan, together with screening enclosure;
(2) bollards to be installed between the elevator and adjacent parking spaces.
The motion carried unanimously.
2. Z2010-04- 505 Seaside Avenue, CAM Application review. ZEO Nancy Rudek reported that this application is still under review by DEP.
A motion was made by Chris Ehlert, seconded by Dwayne Xenelis, to received application Z2010-04, 505 Seaside Avenue, CAM application review, and to continue the Commission’s review to the next regular meeting of March 23, 2010. The motion carried unanimously.
ADDED 3. Z2010-05 - 9 Beach Court, CAM Application review. ZEO Nancy Rudek explained that the septic system for this application is still being examined by the Health Department with concerns, and the CAM has been sent to DEP for review. A question arose as to whether the application met zoning setbacks.
A motion was made by Chris Ehlert, seconded by Harry Ruppenicker Jr., to receive the application. The motion carried unanimously.
Old Business:
1. Z2010-01 - 41 Parker Lane, continued application for CAM review. CAM - Office of Long Island Sound Program review comments checklist received 2/22/10 was read into the record. Under Summary and Recommendations, the report noted “[T]herefore our concerns have been addressed.” The applicant, Damian Ranelli, was present to take questions. Commission discussion of the berm and its maintenance, and its importance to the proposed replacement of the existing structure.
A motion was made by Dwayne Xenelis, seconded by Harry Ruppenicker Jr., to approve application Z2010-01, 41 Parker Lane, with the requirement that the site plan show the required berm, that it remain and be maintained. Commission discussion centered around maintenance of the berm and storm/flood occurrences. The motion was amended to include “except for natural occurrences” regarding the berm’s maintenance requirement. The amended motion carried unanimously.
PUBLIC HEARING(S):
1
Zoning Commission Meeting 2/23/2010
A motion was made by Dwayne Xenelis, seconded by Chris Ehlert, to recess the regular meeting and go to the public hearing portion of the agenda. The motion carried unanimously. The regular meeting recessed at 7:43 p.m. A Point of Order was called by harry Ruppenicker Jr., regarding the appointment of Alternate Dwayne Xenelis to sit for Tom Belval. The Chair stated that Mr. Xenelis was still seated and that Tom Belval was not.
1. Proposed Amendments to Zoning Regulations - Article II - General Regulations, Section 2.10.o6 and 2.10.07
The proposed amendments to these sections were read into the record as were the following:
n letter dated 1/26/10 from Town of Westbrook, Meg Parulis, Town Planner;
n letter dated 2/11/10 from State of Connecticut DEP, Mary-beth Hart, Sr. Coastal Planner;
n letter dated 2/4/10 from Connecticut River Estuary Regional Planning Agency, J.H. Torrance Downes, Senior Planner.
Copious discussion took place regarding DEP’s lack of jurisdiction over any requirement as to the number of bedrooms in a proposal as only the Sanitarian/Health Department has the purview, possible State vs. regulations interference, septic systems and WPCC involvement,.
Regarding 2.10.07 proposals, extensive Commission discussion also centered around the time frames of “12 months” and whether it was enough time for a structure to be reconstructed. Possible provisions for extensions of time frames was undertaken with the membership coming to agreement that an additional 12 months time to complete a reconstruction would double the current time frame. While several members voiced their opinion that setting time frames may be a mistake, it was important to have a starting and ending time frame for the replacement of a non-conforming structure. Further discussion centered around whether a ‘natural disaster’ is an ‘accident’. The general consensus of the membership was that an additional 12 month time frame was more than reasonable, that it had not been a problem in the 13 years the regulation had been on the books, and that this proposed change to section 2.10.07 was brought about by a recent ZBA decision. The Chairman noted for the record that there was no public in attendance to this public hearing, with only the Commission members and ZEO present.
A motion was made by Harry Ruppenicker Jr., seconded by Dwayne Xenelis, to close the public hearing. The motion carried unanimously.
The public hearing was closed at 8:25 p.m.
Additional discussion centered around the possibility of always being able to review again and make additional changes to the regulation section at some future point in time but that it was important to make those changes already proposed and making them effective as soon as possible. A motion was made by Harry Ruppenicker Jr., seconded by Dwayne Xenelis, to approve the amendments to Section 2.10.06 EXTENSIONS OR ENLARGEMENT OF NON-CONFORMING USES AND STRUCTURES and Section 2.10.07 REPLACEMENT OF NON-CONFORMING STRUCTURES as follows, with an effective date of 3/3/2010:
1
Zoning Commission Meeting 2/23/2010
Section 2.10.06 - EXTENSIONS OR ENLARGEMENT OF NON-CONFORMING USES AND STRUCTURES - A non-conforming use or structure shall not be enlarged or altered in any way, which increases its non-conformity. A non-conforming structure may only be altered or enlarged horizontally, vertically, or both, provided such enlargement complies with applicable parts of these Regulations for the specific use, and zone, including, but not limited to floor area ratio, height and yard requirements. In addition, where an existing building or structure is non-conforming with respect to a required yard or yards, an increase in the height of that portion of the building or expansion which does not conform with the required yard, therefore, shall constitute an impermissible enlargement, extension, or expansion of a non-conforming characteristic. [Effective 3-3-10]
Section 2.10.07 - REPLACEMENT OF NON-CONFORMING STRUCTURES - Any ono-conforming structure, which has been damaged by fire, explosion, or accident, or had been declared structurally unsafe due to normal wear and tear by a licensed structural engineer, may be repaired, rebuilt or replaced commencing within twelve (12) months of such damage, provided that such repair, rebuilding or replacement does not extend nor expand the previously existing non-conformity. [Effective 6-11-97] If such repair or replacement is not completed within twenty-four (24) months of such damage, it shall not be reconstructed except in conformity with the provisions of these Regulations. This paragraph shall apply only to non-conforming buildings or structures which require replacement for reasons beyond the control of the owner. In the case of a voluntary or willful demolition of a non-conforming building, or portion thereof, any reconstruction of such building or portion thereof shall comply with all applicable provisions of these Regulations. [Effective 3-3-10]
The motion carried unanimously. The Commission requested the issue of ‘natural disaster’ be referred to Commission Attorney Mark Branse for review and comment.
NEW BUSINESS:
1. Z0709 - 1179 Boston Post Road (Foster & McCall, LLC), Request for 6 month extension on Special Permit and CAM Application.
A motion was made by Chris Ehlert, seconded by Robert Hagemeister, to grant the requested extension of 6 months. The motion carried unanimously.
2. Z0609 - 1211 Boston Post Road (Walgreen’s Pharmacy), site line issue discussion at intersection of Golf Links Road and Boston Post Road.
The Commission discussed the site line issue with members stating the danger and difficulty for cars to make the turn onto Boston Post Road from Golf Links. The road originally had been a one-way street but at the time of Walgreen’s application and approval, the Traffic Commission, members believe, changed the street into a two-way road. After discussion, the membership determined that the street in question should revert back to being a one-way, recommending the same, as it is not safe.
1
Zoning Commission Meeting 2/23/2010
A motion was made by Robert Hagemeister, seconded by Chris Ehlert, for ZEO Nancy Rudek to send a letter to the Traffic Commission voicing the Commission’s concerns and requesting that they return the street to a one-way roadway. The motion carried unanimously.
MISCELLANEOUS:
1. Proposed Amendments to the Zoning Regulations, Chapters 6, 7 and part of Chapter 8.
Due to the time of the evening, and the possibility of extensive discussion and review, a motion was made by Harry Ruppenicker Jr., seconded by Robert Hagemeister, to table discussion of proposed amendments to Chapters 6, 7 and part of Chapter 8 to the Commission’s next regular meeting. After discussion, the motion was amended to table the Proposed Amendments discussion to a Special Meeting on Wednesday, 3/10/10 at 7 p.m. The motion carried unanimously.
COMMISSION BUSINESS MEETING:
1. ZEO Report - The ZEO reviewed her report to the Commission and took questions and comments regarding 631 Boston Post Road (General Store/Pilot’s Point Marina). It was noted the kiosks had been removed this same date.
2. Miscellaneous Correspondence - none
3. Bills -The Chairman read the bills presented -
n Recording Secretarial Services $ 133.69
n Hartford Courant $ 382.24
n CAZEO Seminar $ 20.00
n Technique Printers $ 47.50
n Halloran & Sage $ 365.00
A motion was made by Harry Ruppenicker Jr., seconded by Robert Hagemeister, to approve the bills as presented. The motion carried unanimously.
4. 150% Special Funds - Consulting Services - none
5. Special Funds - Bond Releases
ADDED - Hill Farm bond monies
The Chairman and ZEO reported having met with Finance over the release of certain Bond Monies regarding the Hill Farm development. Finance recommended the release of $47,849.89. A motion was made by Robert Hagemeister, seconded by Chris Ehlert, to release bond funds in the amount of $47,849.89 to Hill Farm as recommended. The motion carried unanimously.
APPROVAL OF MINUTES:
After review, a motion was made by Harry Ruppenicker Jr., seconded by Chris Ehlert, to approve the minutes of January 25, 2010, with the following amendments: Page 1, RECEIPT OF APPLICATIONS, 2. Z2010-02 - 1706 Boston Post Road, 6 lines down, amend to say “John Riggio, Public Works Director, suggested that the sidewalk be extended all the way to Old Forge Road. Harry Ruppenicker Jr suggested that the sidewalk be extended to the driveway.” The motion to approve the amended minutes carried unanimously.
ADJOURNMENT
The Chairman declared the meeting adjourned at 9 p.m.
6
Zoning Commission Meeting 2/23/2010
Respectfully Submitted,
Janet L. Aiken, Recording Secretary
6
Zoning Commission Meeting 2/23/2010