Planning Commission
Meeting Minutes
Wednesday, May 2, 2007 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension
I. CALL TO ORDER
Chairman, R. McIntyre, called the regular meeting to order at 7:30 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert McIntyre, Chairman James Conroy, Alternate Member
Judith Gallicchio, Vice Chairman William Voigt, AlternateMember
Salvatore Aresco, Regular Member
Janis Esty, Regular Member
Richard D. Tietjen, Regular Member
Attendant Staff
Christine Nelson, Town Planner
Kathy Noyes, Recording Clerk
III. REGULAR BUSINESS
A. Minutes
MOTION to approve the minutes of March 21, 2007 as read. MADE
By R. McIntyre. SECONDED by J. Gallicchio. VOTED IN FAVOR: R. McIntyre, J. Esty, J. Gallicchio, S. Aresco, R. Tietjen OPPOSED: none; ABSTAINED: none APPROVED: 5-0-0.
B. Correspondence
Members’ packets contain a lot of material partly because the last two regularly scheduled meetings of the Planning Commission were cancelled due to lack of business. Therefore, members’ packets contain the following: minutes from the Zoning Commission, the Historic District Commission, the Inland Wetlands & Watercourses Commission, the Conservation Commission, the Arcitectural Review Board,a statement #15007 dated 4-1-07 from Branse, Willis & Knapp, LLC, a letter dated 3-16-07 from Dzialo, Pickett & Allen, PC re: College Point, LLC, a memo dated 4-11-07 from Michael Pace, First Selectman re: construction at Old Town Hall, a memo dated 4-13-07 from Christine Costa, Enforcement Officer re: Proposed Lot Line Change LJS Properties, LLC. (New England Power Equipment), a
memo dated 4-12-07 from Scott Martinson of the CT River Area Health District re: Proposed lot line change for 400 Boston Post Road (Map 42/ Lots 15 & !6), a memo dated 4-13-07 from Don Lucas, Building Official re: Lot Line Change, 400 Boston Post Road, Map 42, Lot 15, a memo dated 4-23-07 from Paul Smith, IW&WC re: “Merritt Lane Holding, LLC, Application for 2 lot subdivision on 27.55 acres, 6 Merritt Lane (Map 52, Lot 3-1), the Assessor’s Map No. 51, Lot 15 re: property of Svend Brygger, the Zoning Site Plan and Special Exception Applications dated 4-12-07 for Proposed Retail Development “Max’s Place LLC”, the engineers design report for “Max’s Place” dated 4/12/07 prepared by F.A. Hesketh & Associates, the application for Certificate of Zoning Compliance dated 4/13/07 for “Max’s Place”,a memo dated 4/16/07 from Walter Harris from the Zoning Commission re: “Max’s Place”, a memo
dated 4-18-07 from Marcia Balint, Sr. Coastal Planner, DEP re: the Terray-Kilty Subdivision, a memo dated 4-10-07 from Sal Aresco re: the request for review of the Terray-Kilty Subdivision with attached applications and plans, a budget report for the town of Old Saybrook dated 4-2-07, a booklet dated 3-17-07 entitled “The Planning Commission” presented by the CT Bar Association Planning and Zoning Section – Wesleyan, Middletown, CT, an article entitled “Conflict of Interest and Predisposition” by Austin K. Wolf, the spring 2007 publication of the American Planning Association, a copy of the Planning Commissioners Journal entitled “Housing for All?” for spring 2007, and copies of scorecards re: affordable housing land use appeal from March 2007.
MOTION to pay the bill from Branse, Willis & Knapp, LLC #15007 for $29.00 dated 4-1-07 for general counsel and representation MADE by S. Aresco. SECONDED by J. Gallicchio VOTED IN FAVOR: R. McIntyre, J. Esty, J. Gallicchio, R. Tietjen, S. Aresco. OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
C. Committee, Representative & Staff Reports
C. Nelson reported on the quarterly meeting of boards and commissions. There was a presentation of updated environmental regulations, and information was presented re: the Gateway Commission’s Greenway Project.
C. Nelson also reported that there was a multi-town greenways meeting on 4/30/07.
C. Nelson suggested to members that on 5/15/07 and 5/29/07, there will be workshops held as a follow up to the workshops previously held for property and business owners of Boston Post Road at 3:00 in the Pasbeshauke Pavilion if they’d like to attend.
The deadline for the next “Saybrook Events” magazine is coming up soon. C. Nelson offered to submit an article about the sidewalk plan.
J. Gallicchio reported on the Road Regulations Committee. They continue to meet, and there is nothing new to report at this time.
B. McIntyre attended the Inland Wetlands Commission meeting. They are currently dealing with a violation re: filling in of wetlands.
R. Tietjen had nothing new to report at this time re: CRERPA.
IV. PUBLIC HEARINGS
None
V. OLD BUSINESS
None
VI. NEW BUSINESS
MOTION to amend the agenda, moving Item C. under new business (“Terray” Subdivision of Land & Coastal Site Plan) to Item B., and moving Item B. (“Max’s Place” Special Exception for Retail Businesses) to Item C. MADE by J. Gallicchio. SECONDED by S. Aresco. VOTED IN FAVOR: R. McIntyre, J. Esty, J. Gallicchio, R. Tietjen, S. Aresco. OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
A. “Svend Brygger” Spec’l Except. for Filling & Grading-1,439 yd3 (1.13 ac.total)
7 Fox Hill Road (Map 51/Lot 15), Residence AA-1 District
Applicant: Svend Brygger, Owner
ACTION: Consider per Plan; report for 5/21/07 ZC p.h.
J. Gallicchio recused herself from this agenda item because she is an abutting property owner.
B. McIntyre stated that since four members of the commission were still present, there were enough members to form a quorum to vote.
S. Brygger represented himself. He submitted drawings to the commission and
explained that he currently has 1,200 yards of fill to level out his driveway so he can straighten it out and make it safer. He’s had the fill since 2006, and at the time, he stated he was not aware that he needed a permit.
The current driveway meets the road at a 40 degree angle, it has many sinkholes, and vehicles have been damaged backing out of the driveway because of its current design. He would like to bring in gravel for the driveway, and topsoil to plant grass, and he does not plan to pave the driveway at this time.
S. Aresco asked about water flow both with the original driveway and proposed driveway. S. Brygger stated that the water flow wouldn’t change.
MOTION to make a favorable recommendation to the Zoning Commission for “Svend Brygger” Special Exception for Filling and Grading-1,439 yd.3 (1.13 ac.total) 7 Fox Hill Road (Map 51 / Lot 15), Residence AA-1 District, Applicant: Svend Brygger, Owner, because this plan is not inconsistent with the Plan of Conservation and Development. MADE by B. McIntyre. SECONDED by S. Aresco. VOTED IN FAVOR: R. McIntyre, J. Esty, R. Tietjen, S. Aresco. OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
For the record, J. Gallicchio has returned to her seat on the commission at this time.
B. “Terray” Subdivision of Land & Coastal Site Plan – 2 Lots (10.10 ac.)
So. side of Old Post Rd.; 153’ W. of Nehantic Tr.; Residence A District
Applicant: Corinne Kilty, Owner Agent: William A. Childress, Esq.
ACTION: Consider and act by 6/20/07 mtg.(NLT 6/21/07)
Attorney Childress presented for the applicant explaining that the Terray property is a family owned lot being subdivided, and the applicant is requesting 2 waivers: 5.2.6 requirement that individual driveway shall be across the designated lot frontage, and 6.9.4 (A) requirement that shared driveway be paved.
He stated that there are 2 proposed access points to the property. One is the continuation of the existing driveway from the David Terray property, and the second is a driveway easement from abutting property owner, Mr. Daniel J. Carsten’s driveway for utility and emergency vehicles. He explained that the applicant has come before the Planning Commission before, and was told the existing driveway would have to be paved. Because of the expense of paving such a long driveway, the client is presenting the idea of 2 driveways..He referred to letters from the Fire Marshall, the Office of Long Island Sound Programs, and the Health District stating that they don’t see any problems with the driveways, but he has not yet heard from the Conservation Commission or the Wetlands Commission re: an action.
R. McIntyre asked about a Certificate of Occupancy without an access road. C. Nelson said the commission could make that a condition of approval since there’s an easement for emergency vehicles.
B. McIntyre and R. Tietjen voiced concerns about the commission’s task of looking not only at the present, but the future of the property and possible future development where a paved private or public road would become a necessity.
Angus McDonald, Jr., the surveyor, also presented for the applicant. He explained that while the existing driveway may or may not be suitable for utility and emergency vehicles, the new driveway would be suitable. He also addressed the commission’s concerns about the house’s address on Aquidneck Trail not Old Post Road in terms of emergency access.
J. Gallicchio asked about the use of the 2 driveways and abandoning the use of abutting property owner, Mr. Daniel J.Carsten’s driveway. Atty Childress explained that with the access the new driveway will provide, there will no longer be a need to use Mr. Carsten’s driveway.
Patrick Kilty, the husband of the applicant, spoke saying that the family is not planning to sell the property for profit but to build a private home, and he urged the commission to understand that he does not have the money to pave a street, and that to his understanding, the plans they have proposed conform to town rules and regulations.
MOTION to continue discussion of “Terray” Subdivision of Land & Coastal Site Plan – 2 Lots (10.10 ac.) So. Side of Old Post Road; 153’ W. of Nehantic Tr.; Residence A District, Applicant: Corinne Kilty, Owner, Agent: William A. Childress, Esq, at the next regularly scheduled meeting of the Planning Commission 5/16/07. MADE by J. Gallicchio. SECONDED by S. Aresco. VOTED IN FAVOR: R. McIntyre, J. Esty, J. Gallicchio, R. Tietjen, S. Aresco. OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
Atty. Childress requested to go on the record to thank Atty. David Royston and his client “Max’s Place” for allowing the commission to switch the agenda so his client could present before them at tonight’s meeting.
C. “Max’s Place” Special Exception for Retail Businesses - 107,193 s.f. (17.68 ac.)
Spencer Plain Rd./Boston Post Rd.; Gateway Business B-4 District
(Map 25 / Lots 28,29,30,32,32-1 and Map 26 / Lots 2,6-10,6-11,6-12,6-16)
Petitioner: Ron Lyman Agent: David M. Royston, Esq.
ACTION: Consider per Plan of Conservation & Development; report for 5/21/07 ZC p.h.
Atty. David M. Royston presented for the petitioner, Ron Lyman. He explained that the Zoning Commission had previously denied the application for “Max’s Place”, which was roughly 145,000 square feet. Atty Royston submitted the report from the prior application from November 2006 for the record, and stated that it was currently under appeal. Several issues were raised with the original application re: the Plan of Conservation and Development. The petitioner is reapplying for a reduced amount of square footage, due to the Zoning Commission’s parking requirements for a shopping center of 1 parking space per 175 square feet vs. 1 parking space per 200 square feet. Subsequently, the square footage is reduced overall in the plan by 8,400 square feet just by changing the parking calculations to 1
parking space for every 175 square feet.
Atty. Royston also submitted for the record from Dzialo, Pickett & Allen, PC, a report dated 5/2/07 re: “Max’s Place” Special Exception Application. In the report are the issues re: consistency of the application with the town’s Plan of Conservation and Development.
S. Aresco raised questions about “phase 2”, a large undeveloped land area on the plan. Atty. Royston explained that development of this area may come, but at this time, there are no plans for that development. However, if development were to occur, it would have to be subject to the Statement of Use in place. Atty Royston submitted the Statement of Use dated 4/12/07 for the record. The development would have to be in architectural harmony with the site, and it would still be subject to the parking requirement of 1 parking space per every 175 square feet. Also, the access would still be through the one curb cut.
David Ziaks from F.A. Hesketh and Associates also presented for the applicant. He discussed the State Traffic Commission traffic study. The submitted application is based on the original plan with the larger amount of square footage. It is being reviewed by Bruce Hillson. There are currently 613 parking spaces proposed. 507 parking spaces will be paved and 106 will be reserved and porous pavement will be used to reduce runoff. Mr. Ziaks said the comments from the Planning Commission were reviewed from the previous application, and changes were made accordingly and addressed in the revised plan.
Pat Moore, architect, from Pepin Associates presented for the applicant. He presented drawings to the commission to show the changes that have been made from the previous application. Façade materials have been broken up to give the building a streetscape effect. The materials used are those typical of a New England town (shingled roofing, gables). Also it was noted that small retail shops were added to the plan to animate the side of the building so it’s not a blank wall when you drive in. Shrubberies have also been added.
Submitted for the record was a letter from Director Alan Plattus, dated 11/8/06 from the Yale Urban Design Workshop Center for Urban Design Research discussing the site plan for “Max’s Place”.
R. Tietjen asked about the “gathering space” between buildings. It’s 35 feet, and it was suggested that it be used for art sculpture display.
Members of the commission complimented P. Moore on the aesthetics of the building saying it was much improved since the previous application had been submitted, and they liked the reduced signage as well.
J. Gallicchio asked about the road width behind Building C. D. Ziaks said it is 24 feet wide.
B. McIntyre asked about storm water runoff. D. Ziaks explained that the reduced footage of the plan reduces the amount of water runoff. If indeed there is a problem with runoff, the undeveloped piece of land may never be developed. Also, re: the undeveloped piece of land, water runoff would go to the basin on lot 16.
B.McIntyre asked P. Moore about Building C. P. Moore explained that Building C looks a little higher in the drawings because there is no well around it, and because of the existing grade, it is a little higher.
R. Tietjen asked about the Boston Post Road Entrance and the driveway curve. He suggested moving it to the East. D. Ziaks said that from a technical standpoint, the driveway cannot be moved.
B. McIntyre suggested that the commission read the report from Atty. Royston and that C. Nelson should then be able to write a report which this commission can then forward to the Zoning Commission.
VII. ADJOURNMENT
MOTION to adjourn meeting at 10:15 p.m. until the next regularly scheduled meeting on Wednesday, May 16, 2007 at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension. MADE by S. Aresco. SECONDED by J. Gallicchio. VOTED IN FAVOR: J. Gallicchio, J. Esty, R. McIntyre, R.Tietjen, S. Aresco. OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
Respectfully Submitted,
Kathleen Noyes
Recording Clerk
| 
