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Planning Commission Minutes 07/21/2010
MINUTES
REGULAR MEETING
WEDNESDAY July 21, 2010 at 7:30PM
Old Saybrook Town Hall 1st Floor Conference Room
302 Main Street

I.      CALL TO ORDER

Chairman McIntyre called the regular meeting to order at 7:30PM  

II.     ROLL CALL

Attendant Members
Robert McIntyre, Chairman
Janis Esty, Vice Chairman
Salvatore Aresco, Secretary
Donald Ranaudo, Regular Member
Cathryn Flanagan arrived at 7:34PM and is seated for Robert Missel

Absent Members
Cameron Evangelisti
Robert Missel
Richard Sullivan

Attendant Staff
Joanne Rynecki, Clerk
Christine Nelson, Town Planner

III.    REGULAR BUSINESS

  • Minutes
MOTION to approve the minutes dated June 2, 2010.  MADE by Robert McIntyre, SECONDED by Donald Ranaudo;   NO DISCUSSION.  IN FAVOR: Robert McIntyre, Donald Ranaudo, Cathryn Flanagan; OPPOSED: None; ABSTAINED: Salvatore Aresco, Janis Esty;  APPROVED: 3-0-2

  • Correspondence and Bills- Legal Fess for Branse Willis and Knapp. Invoice #25477 in the amount of $14.50, Engineering Fees for Nathan L. Jacobson. Invoice #72641 in the amount of $232.81.
MOTION to pay Branse, Willis & Knapp in the amount of $14.50.  MADE by Robert McIntyre, SECONDED by Donald Ranaudo;   NO DISCUSSION.  IN FAVOR: Robert McIntyre, Donald Ranaudo, Cathryn Flanagan, Salvatore Aresco, Janis Esty; OPPOSED: None; ABSTAINED: None;  APPROVED: 5-0-0

MOTION to pay Nathan L. Jacobson in the amount of $232.81.  MADE by Robert McIntyre, SECONDED by Donald Ranaudo;   NO DISCUSSION.  IN FAVOR: Robert McIntyre, Donald Ranaudo, Cathryn Flanagan, Salvatore Aresco, Janis Esty; OPPOSED: None; ABSTAINED: None;  APPROVED: 5-0-0

C.      Committee, Representative & Staff Reports – Chairman McIntyre met with Michael Pace and representatives from other commissions to review a plan of development for the town center.  The discussion included allowing residential units in the town center.  All other Boards and Commissions are favorable to the plan for improving Main Street which may include adding a second incentive housing zone in the town center.  The plan is to make existing residences on Main Street conforming and encourage more of it.  The Board of Selectman is looking for each commission to make a commitment to focus on ways to enhance Main Street.  Ms. Flanagan is interested in being the Commission’s representative to work on the enhancement of Main Street.  Christine Nelson updated the members that the Environmental Planner position is vacant since Kelly Volansky has relocated with her family out-of-state.  The duties of the position include wetland enforcement and GIS mapping.  The Town Hall, Chamber of Commerce and The Garden Club are working together on projects planned for the Boston Post Road.  The sidewalk project on the south side of the Boston Post Road will be beginning in August or September.  

IV.     OLD BUSINESS - none
   
V.      NEW BUSINESS

A.      Preliminary Discussion of Modifications to “The Preserve” Special Exception for Open Space Subdivision (934 ac. total) & Open Space     542.2 ac.)
Ingham Hill and Bokum Roads (Map 55, 56 & 61 / Lots 6, 3, 15, 17, 18)
Residence Conservation C District, Aquifer Protection Zone
Applicant: River Sound Development LLC~~Agent: David M. Royston, Esq.

Attorney David Royston represented the applicant, River Sound Development, LLC, which is a wholly owned subsidiary of a holding company owned by Lehman Brothers Holding, Inc.;  Lehman Brothers Holding, Inc. is currently in bankruptcy.  The trustee appointed by the Bankruptcy Court controls the assets and has designated a new owner’s representative to be RAL Companies.  Robert A. Levine and Spencer Levine are the principals.  
Attorney Royston explained that this Commission granted a Special Exception in 2005 to River Sound Development, LLC to proceed with the development of the property.   River Sound Development, LLC then submitted an application to the IWWC for regulated activity and were denied.  The IWWC decision was upheld at both the Superior Court of the State of CT and the Appellate Court.  River Sound Development, LLC now has an option to petition to the Supreme Court of the State of CT to rehear the case.  At the same time, there was an appeal made by the CT Fund for the Environment of a decision made by the IWWC to approve a modification of a permit for the golf course development to the Superior Court which upheld.  The decision was then appealed to the Appellate Court, and we are awaiting the Appellate Court decision.  
The Trustees would like to make this asset productive by proposing limited development of some of the outlying parcels on the property.  Robert Doane, Engineer reviewed specifics of the 5 outlying parcels, 3 of the parcels are in Old Saybrook:  1) 10 new homes on 32.6 acres located on a cul-de-sac off of Bokum Road (the original approval of the Bokum Road property was only for future development and was not included in the 221 approved housing yield);  2)  14 residential lots at the end of Ingham Hill Road (4 on the East side of Ingham Hill Road on 12.2 acres and 10 on the West side of Ingham Hill Road on 30.1 acres with a proposed roadway off Ingham Hill Road to the West);  3)  34.05 acres located partially in Westbrook  with access from RT 153 in Westbrook.  The remaining core of the property will be left for potential future development according to special exception previously approved by the Planning Commission, or for other development in an alternative way, or for conservation if made an acceptable offer from a State/Town/or private entity to purchase the remaining property.  The core is s single un-fragmented piece of property.  The development of the outlying parcels would occur in phases.
The Applicant is ready to move forward with a formal application.


B   “Marina Village” Special Exception Application/Coastal Site Plan Review (18 ac.)
        Façade and other renovations to existing buildings and structures; renovation of existing building for restaurant/office uses; renovation of existing 4-bedroom dwelling for office/retail uses; construction of new 2,646 s.f. boat repair building; and construction of new sewerage treatment maintenance building; all at existing 289 slip marina.
        139, 142 & 163 Ferry Rd (M45/L11, 14, 29, 33) MC & A Districts, Gateway Conserv. & Coastal Mgmt Zone
        Applicant: Between the Bridges, LLC.~~~~~~~Agent: William A. Childress, Esq.
        ACTION: Review for consistency with Town Plans; report for 8/16/10 ZC public hearing.

C.  “Marina Village” Affordable Housing Development Site Plan Review and zoning text amendments pursuant to C.G.S. 8-30g (18 ac.)
        Construction of 90 dwelling units with appurtenant sewerage treatment facilities and maintenance building, parking, and amenities; and renovations and improvements of existing structures.
        139, 142 & 163 Ferry Rd (M45 /L11, 14, 29, 33) MC & A Districts, Gateway Conserv & Coastal Mgmt Zones
        Revisions to zoning text for Section 9 Definitions to add “set-aside affordable housing development;” Section 24 (Residence A District) and Section 35 (Marine Commercial District) to add set-aside affordable housing development and bulk regulations for use in this development only. ~
        Applicant: Between the Bridges, LLC.~~~~~~~~~~~Agent: William A. Childress, Esq.
        ACTION: Review for consistency with Town Plans; report for 8/16/10 ZC public hearing.

The presentation of Marina Village will encompass both New Business Items B and C therefore, Chairman McIntyre opened up both items.

Attorney William Childress represented the Applicant.  Maggie Gallagher, Real Estate Consultant/Restaurant Manager/Partner opened the presentation with photos of what currently exists on the site and what is proposed.  The mixed-use site consists of 5.42 acres on the east side of Ferry Road and 11.64 acres on the west side of Ferry Road.  The application proposes marine commercial services to be expanded and upgraded by constructing a new marina service and repair building, installing a new sewage treatment plant and relocating the restaurant.  There is approximately 6 acres of open space proposed on the west side of the property that will be conveyed to Town of Old Saybrook that is contiguous with open space on the Town owned “Ferry Crossing” parcel.  The residential component of the property is affordable housing and market rate housing.  56 units will be located on the west side of the property with 27 of the units being deed restricted as affordable.  The Manor House on the west side will have parking underneath the building.  24 units located on the east side will all be at market rates and will bear the cost of necessary flood insurance and deck maintenance fees.  Walking trails will connect the east and west sides of the property, public areas, bulle courts, marina amenities and also the public gazebo on the waters edge.  There is parking for 486 cars both on the property and parallel parking on the street.  
Greg Nucci of Point One Architects presented the architectural component of the plan.  The units will be done in a New England shingle-style using natural materials of wood and stone and will include shaded porches and pergolas   The design will allow the development of Ferry Road as a streetscape that calms traffic and add parallel parking and cross walks.  Front porches will line the east side of the street.  Green space such as lawns and landscaped plantings will be added to the west side, which is now a gravel parking lot.  On the east side, a green roof deck will be added along with a retaining wall along the street to replace the significant drop off which currently exists.  The retaining wall will allow plantings along the sidewalk.  A new bathroom facility will be added and improvement will be done to the pool area.  The marine commercial buildings will have windows added, new garage doors and green screens.

Stuart Fairbank an engineer from McDonald/Sharpe Assoc., added that the renderings presented are very accurate depictions of how the area will actually look because they are made from computer CAD files for the actual plans.  Mr. Fairbanks added that the current sewage treatment plant on the west side of the road will be relocated to the east side and pumped to the leach field on the west side.  Approvals for the system from DEP and WPCA will be forthcoming.  There is public water on site and natural gas lines will be extended to this property and used for heating and cooking.  The deck footprint will remain the same and will be repaired and reinforced.

Attorney Childress urged the Commission to consider the application’s consistency with the Town of Old Saybrook’s Plan of Conservation and Development:

Town Image – (Policy) 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.

Economic Development – (Policy) Promotion of coastal resort features and maritime commerce.  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.  To review and monitor land uses recommended for various commercial areas with consideration for current economic development trends, shifts in industry …and potential for mixed use development that includes housing diversity.

Residential Development – (Prologue) …longstanding issue of affordability, whether or not younger residents who have grown up in town will be able to afford housing here…  Multi-family housing is an opportunity for more affordable housing in an area where housing prices have inflated...the issue of on-site sewage disposal, often the limiting factor to the physical ability to increase dwelling density on any given property.
(Goals) Create attainable housing for families at all income levels.
Enable young persons to continue to both live and work in town.
Encourage design of new and renovated housing that is compatible with its surrounding neighborhood.
(Municipal Improvements, Programs, and Standards) Encourage developers of residential projects that create diversity in housing type, size and cost.  

Conservation and Open Spaces – (Conservation Sites) The Connecticut River Brackish Tidal Wetlands is one of the largest brackish tidal marshes in the state.  It harbors abundant wildlife, including rare and elusive species such as rails and bitterns.
(Goals for the next decade) Acquisition of land for municipal purposes including …habitat protection.  Maintenance of the diverse character of Old Saybrook by balancing new development with the preservation of scenic views, vistas, open spaces and natural and cultural resources.
(Policies) To protect lands adjacent to and complementary to adjacent protected open space land.

Cultural and Historical Resources – (Goals) Maintain the flavor and character of the Town by monitoring development and encouraging developers to incorporate design features compatible with New England style architecture into their plans.

Transportation – (Prologue) Smart growth …mixed use development and preservation of open space.
(Municipal Improvements, Programs, and Standards) Streetscape enhancement and sidewalk plan to improve pedestrian safety.

Water Resources – (Prologue) Ferry Point has huge potential for re-development as a vibrant and exciting destination for boaters, tourists, and residents alike by balancing water-dependent uses and multi-uses that support those water activites.  Besides boating facilities, the addition of shops, restaurants, housing, entertainment, and public transportation to the town center would greatly enhance the enjoyment and economic growth of the area.

Chairman McIntyre stopped the meeting for a 10 minute break at 9:15PM
Chairman McIntyre resumed the meeting at 9:25PM

Mr. McIntyre asked if the public will be allowed to access the marina area.  Ms. Gallagher responded that the marina area is restricted to boat slip owners, renters and marina employees.  Heavy machinery is used by marina workers and can be dangerous to the public.  Mr. McIntyre asked where the boats will be stored during the winter months.  Ms. Gallagher responded that modifications will be made to the south yard, which is not part of this project, for additional boat storage space.  Chairman McIntyre feels that affordable housing should be on both sides of the property.  Attorney Childress said there will be more costs on the east side, and that the monthly maintenance costs to the owners will be higher on the east side due to flood insurance and the deck maintenance.  Chairman McIntyre also asked why the walking trail doesn’t run along the back edge of the west side of the property.  Attorney Childress and Maggie Gallagher both stated that they did not want the public walking in the owner’s back yards, and the property drops off dramatically towards the marsh.  Chairman McIntyre advised the Members that the developer’s proposal for open space is marsh and will not be suitable for recreation. Ms. Nelson described five functions of open space: recreation, habitat, public health and safety, economic development and cultural preservation.  Mr. McIntyre asked if the sanitary system on the east side is fool- proof with no possibility of overflow going into the Connecticut River.  Stuart Fairbanks explained that overflow issues occur with combined sewers that take in storm water and sewage.  The application proposes only sewage; above flood level, and designed to handle the increased volume.  The area where the leach field is located is very good soil with 18-22 ft to groundwater.  This project will also enhance the catch basins and infiltration on the west side of the property which will improve the storm water runoff from Ferry Road.  Mr. Ranaudo asked if anything will be done about the odor the currently emits from parking lot on the west side.  Mr. Fairbank explained that the relocation of the system to the east side and the installation of  an air venting system, which will pull the air back into the building where it will be scrubbed before it is vented out the roof, will eliminate the odor from the parking area.  Ms. Flanagan asked why a lift is required near the pool.  Mr. Fairbank explained that the lift is to elevate the bathrooms above the flood level.  Ms. Flanagan asked if water will be recycled from the green space on the deck.  Mr. Fairbank has not looked into that yet, but said the plans decrease the impervious surface cover with the plantings and backfill in the retaining wall.  The Members requested additional information on how the selection process will be administered for the 8-30g housing.  Ms. Nelson stated that all driveways at the road need to be crossed with sidewalks, as well as connect with other adjacent sites and future sidewalk plans.  Ms. Nelson suggested reconfiguring the parking for the public access area to allow space for parking facing the gazebo and river.  

MOTION to continue the meeting until August 4, 2010 at 7:30PM at the Town Hall, 1st Floor Conference Room at 320 Main Street.  MADE by Robert McIntyre, SECONDED by Cathryn Flanagan; IN FAVOR: Robert McIntyre, Janis Esty, Salvatore Aresco, Donald Ranaudo, Cathryn Flanagan; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0


VI.     ADJOURNMENT

MOTION to adjourn the meeting at 10:28p.m. until the next regular meeting at the Town Hall, 1st Floor Conference Room at 320 Main Street on August 4, 2010.  MADE by Donald Ranaudo, SECONDED by Cathryn Flanagan; IN FAVOR: Robert McIntyre, Janis Esty, Salvatore Aresco, Donald Ranaudo, Cathryn Flanagan; OPPOSED: None; ABSTAINED: none;  APPROVED:
5-0-0


Respectfully Submitted,

Joanne Rynecki
Joanne Rynecki, Clerk