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PC 051607.Minutes
                

PLANNING COMMISSION
Meeting Minutes
Wednesday, May 16, 2007 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point Point
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   Janis Esty, Regular Member
Judith Gallicchio, Vice Chairman                             James Conroy, Alternate Member                                                                                        
Salvatore Aresco, Regular Member        William Voigt, Alternate Member
Richard D. Tietjen, Regular Member        
        
                
Attendant Staff         Absent Staff Members                                                   
Kathy Noyes, Recording Clerk    Christine Nelson, Town Planner

III.    REGULAR BUSINESS


A.      Minutes

MOTION to approve the minutes of May 2, 2007 as amended. On page 7, paragraph 1, change to, “507 parking spaces will be paved, and 106 will be reserved and porous pavement will be used for the reserved 106 spaces to reduce runoff.” MADE By S. Aresco. SECONDED by J. Gallicchio.  VOTED IN FAVOR:  R. McIntyre, J. Gallicchio, S. Aresco, R. Tietjen OPPOSED: none; ABSTAINED: none APPROVED: 4-0-0.


B.      Correspondence

Members’ packets contain a copy of the town budget for Fiscal Year 2006-2007, an agenda and minutes from the Zoning Commission, a memo dated 5/1/07 from Don Lucas, Building Official re: Proposed Lot Line Change; Captain Dolbeare Inc., 68 North Cove Rd, a letter dated 3/16/07 from Dzialo, Pickett & Allen, P.C. re: College Point, LLC, a memo dated 4/23/07 from Paul Smith, IWWC re: Merritt Lane Holding LLC, a report from Branse, Willis & Knapp, LLC re: Timber Trails Associates, et al. vs. Planning & Zoning Commission of the Town of Sherman, 99 Conn. App. 768 (2007), a memo dated 5/1/07 from Scott Martinson, MS, RS, Sanitarian re: “Terray” Subdivision, a letter dated 4/27/07 from Donald M. Carlson re: “Terray” Subdivision, a report dated 4/2/07 from Wendy Goodfriend, Natual Resource Specialist from the CT River Coastal Conservation District re: “Max’s Place”, a request dated 4/30/07 from Douglas Herr re: “Golinowski” Subdivision, the May 2007 Town of Old Saybrook Safety Committee Newsletter, and the Winter/Spring 207 newsletter from CRERPA.

At tonight’s meeting the following correspondence was distributed to commission members: a memo dated 5/15/07 from C. Nelson re: “Terray” Subdivision, Declaration of Easement For Driveway and Utilities Form for “Terray” Subdivision, and a copy of the report from S. Aresco dated 11/6/06 re: “Max’s Place”.
 
C.      Committee, Representative &  Staff Reports

B. McIntyre noted that the GIS is not included in the budget at this time.

R. Tietjen reported that the CRERPA Greenway has now been changed to a State Greenway therefore,  CRERPA may be entitled to more money from the state.

IV.      PUBLIC HEARINGS

                 None
         
V.      NEW BUSINESS

MOTION to amend the agenda to move New Business request, Request for Extension of Period to File Mylar for “Golinowski” Subdivision to proceed Item 5, Old Business. MADE By J. Gallicchio. SECONDED by S.
Aresco.  VOTED IN FAVOR:  R. McIntyre, J. Gallicchio, S. Aresco, R. Tietjen OPPOSED: none; ABSTAINED: none APPROVED: 4-0-0.




   
A.      Request for Extension of Period to File Mylar for “Golinowski” Subdivision
Bokum Road (Map 61 / Lot 13&1), Residence AAA District
(Map 25 / Lots 28,29,30,32,32-1 and Map 26 / Lots 2,6-10,6-11,6-12,6-16)
Applicant: Golinowski, LLC   Agent: Olek Golinowski/Douglas Herr, Owners
ACTION: Consider and extend beyond 5/24/07 for a period not to exceed 90 days.

Doug Herr requested an extension for the posting of the bond and Mylar. He expects everything to be ready on or before June 8, 2007.

J. Gallicchio asked if this is a request for a second extension. D. Herr said this is a request for a second extension. J. Gallicchio asked if this posed any legal problems, and B. McIntyre said per C. Nelson, this would not pose a legal problem.

MOTION to grant a 90 day extension on the request for filing Mylar on  “Golinowski” Subdivision Bokum Road (Map 61 / Lot 13&1), Residence AAA District, Applicant: Golinowski, LLC, Agent: Olek Golinowski/Douglas Herr, Owners. MADE By S. Aresco. SECONDED by J.
Gallicchio.  VOTED IN FAVOR:  R. McIntyre, J. Gallicchio, S. Aresco, R. Tietjen OPPOSED: none; ABSTAINED: none APPROVED: 4-0-0.



VI.      OLD BUSINESS

A.      “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. He said he still has not received a report from the Inland Wetlands Commission.

Atty. Childress submitted for the record 3 identical letters dated 5/15/07 signed by the applicant’s siblings Amy L. Terray, D.C., Kimberly Jensen (Terray), and Laurie Sizemore (Terray) stating their support of the waiver to leave the existing access road unpaved with the understanding that any further subdivision of land would be subject to the rules and regulations of the town of Old Saybrook. A letter dated 5/15/07 signed by Elizabeth Terray, the applicant’s mother, was also submitted for the record also supporting the waiver. Atty. Childress stated that the goal is to divide the property among the Terray’s five children.

Atty. Childress requested that the minutes from 5/2/07 be amended on page 5, paragraph 6, to state as follows: “Atty. Childress explained that in the event a private road is constructed and provides access to Lot 1, there will no longer be a need for the easement across Mr. Carsten’s property except for maintenance of utilities.”

Atty Childress also submitted for the record an easement document for the purposes of the existing driveway. The original proposed easement is across the Carsten property. To address the Planning Commission’s concerns, this document discusses the requirement that both the Daniel Terray parcel and Lot 1 (created by this subdivision) will be required to join in the maintainance of a private or residential street if one is constructed.

Atty. Childress then referred to the memo from C. Nelson dated 5/15/07. He stated that under Open Space, Mrs. Terray could not transfer this lot to anyone other than a child or grandchild without coming to the commission to get a waiver for open space or a fee in lieu of open space. The initial creation and transfer of lots has to go to a family member. A resubdivision would be subject to open space regulations. He also referred to page 2 of the memo, under the “Circulation” section, stating that C. Nelson did not object to the waiver of paving. Re: this memo, he also stated that he differed on one point re: the statement that there were no natural constraints. He said the wetlands are a natural constraint. Atty Childress also stressed that again under the “Circulation” section, the applicant would share in the cost of maintaining a street, but that this lot owner would not have to put in the road.

J. Gallicchio asked about the informal review. Angus McDonald, Jr. surveyor, responded that the informal review was done 11/05.

Pat Kilty, husband of the applicant, presented a 2 minute video on his laptop computer showing the commission members the existing driveway and land.

J. Gallicchio suggested that the commission consider suggesting that the two households use a shared driveway, and follow all of the requirements of a shared driveway except for the paving. P. Kilty said he would happily agree to that.


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 6/06/07. MADE  by S. Aresco. SECONDED by R. Tietjen.  VOTED IN FAVOR:  R. McIntyre, J. Gallicchio, R. Tietjen, S. Aresco. OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
              

B.      “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 said he had nothing further to present at this time.

Atty. Royston mentioned that there was some discussion at the last meeting re: sidewalks and C. Nelson’s idea to use the area in front of Dunkin Donuts and Smith Brothers Transmission for a sidewalk instead of the area behind the buildings. Atty. Royston said that if the commission thinks that idea is preferable, they’d be happy to put it in the site plans. After some discussion, members of the commission said they would prefer that the sidewalks be in front of the buildings for safety reasons.

David Ziaks from F.A. Hesketh and Associates joined in the discussion about sidewalk placement and the logistics of placing the sidewalks in the front of vs. behind the Dunkin Donuts and Smith Brothers Transmission buildings.

There was discussion about the allowance of access easements for Dunkin Donuts and Smith Brothers Transmission.

B. McIntyre suggested the commission go over the report from 11/6/06 point by point to see if the new application meets the concerns that the commission had after the previous application. The commission discussed these points at length and made a motion based on their findings.

S. Aresco said re: Building C, he’d like to see more traditional New England style architecture.

R. Tietjen said that he would like to state for the record, that he would like to see the copulas removed. Others on the commission said they liked the copulas.

Atty Royston said that they’ve been through four reviews with the Architectural Review Board, and that the applicant has changed the drawings to create more of a New England style architecture to meet the commissions’ concerns.

S. Aresco had questions re: landscaping in front of  the land area “phase 2”. It was decided, after discussion, that it would be best to leave the wooded undeveloped lot as is because if it were to be developed at a future time, new plantings might have to be removed or changed.


MOTION to send a positive referral to the Zoning Commission with the following recommendations: 1. With regard to architecture, we note that the façade of Building C is markedly different and lacking when contrasted against the creative detailing of the other buildings. The applicant should modify the application to blend obvious “branding” of the architecture with features that reflect our local style., 2. The applicant should modify the application to cross the driveways with sidewalk material to differentiate from the driveway pavement. Any sidewalks crossing driveways need the material to be different from the driveway pavement., 3. With regard to access to and from the site, we note a lack of interconnectivity between the parking lots and the existing businesses lining the Boston Post Road. The applicant should modify the development to provide for future access and shared parking from Max’s Place to the businesses along Spencer Plain Road and Boston Post Road to eventually reduce curb  cuts and streamline traffic queued at the traffic light.,and 4. The commission would like to add  that a recommendation for a conservation type easement for phase 2 be restricted to a single Boston Post Road access, and that the architecture be in harmony with the rest of the development and part of the statement of use on the land records so it’s a deeded restriction.re:”Max’s Place” Special Exception for Retail Businesses – 107,193 s.f. (17.68 ac) Spencer Plain Road/Boston Post Road;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 in that it is consistent with the Plan of Conservation and Development, specifically the following policies: Encourage quality design of commercial, industrial, and municipal development sites with special regard for landscape and other site amenities, traffic safety and convenience, and functional and visual linkages with adjacent areas. (Town Image), To promote the small-town character and unique natural resources of the town as a marketable economic commodity, providing an exceptional quality-of-life for residents and a quality experience for visitors. (Economic Development), To encourage development of commercial and industrial sites that is consistent with Old Saybrook’s small-town character with respect to scale, appearance, and design and with special regard for landscape and other site amenities, traffic safety and convenience, and functional and visual linkages with adjacent areas (Economic Development),  and that it is consistent with the Sidewalk Plan and the Yale Urban Design Study.  MADE by J. Gallicchio. SECONDED by R. Tietjen.  VOTED IN FAVOR:  J. Gallicchio, R. McIntyre, R.Tietjen, S. Aresco. OPPOSED: none;  ABSTAINED: none;  APPROVED: 4-0-0.





VII.   ADJOURNMENT


MOTION to adjourn meeting at 9:03 p.m. until the next regularly scheduled meeting on Wednesday, June 6, 2007 at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension.  MADE by S. Aresco. SECONDED by B. McIntyre.  VOTED IN FAVOR:  J. Gallicchio, R. McIntyre, R.Tietjen, S. Aresco. OPPOSED: none;  ABSTAINED: none;  APPROVED: 4-0-0.


Respectfully Submitted,



Kathleen Noyes
Recording Clerk