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Planning Commission Minutes 05/04/2011
MINUTES
Wednesday, May 4 2011 at 7:30 p.m.
1st Floor Conference Room
Town Hall, 302 Main Street

I.        CALL TO ORDER

Chairman, Robert McIntyre, called the regular meeting to order at 7:34 p.m.

II.     ROLL CALL

Members Present 
Robert McIntyre, Chairman
Janis Esty, Vice Chairman
Donald Ranaudo, Regular Member
Robert Missel, Regular Member
Cathryn Flanagan, Alternate seated for Salvatore Aresco

Members Absent
Salvatore Aresco, Secretary
Richard Sullivan, Jr., Alternate Member  
Cameron Evangelisti, Alternate Member

Staff Present
Christine Nelson, Town Planner
Joanne Rynecki, Clerk
        
III.    REGULAR BUSINESS

A.      Minutes

MOTION to approve the minutes from April 20, 2011; MADE by C. Flanagan; SECONDED by D. Ranaudo; NO DISCUSSION.  VOTED IN FAVOR: R. McIntyre, C. Flanagan, J. Esty, D. Ranaudo, R. Missel; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

       B.        Correspondence

C.      Committee, Representative & Staff Reports- C. Nelson reported that the Land Use Department is reviewing the Seasonal Property files to provide information to the Board of Selectman regarding the status of our seasonal properties.  Also, planned is an update the town code for Land Use Fees.  A job posting will be released soon for the available position within the Land Use Department due to the retirement of the Land Use Secretary effective May 1, 2011.  Web pages will be established for each node along Route 1 with recommendations and standards for updating properties within each node.  The Public hearing is open for the State of CT’s Regional Transportation Plan until May 14, 2011 if anyone is interested in commenting.

MOTION to amend the Agenda to include the Lot Line Adjustment for 2 and 4 Trails End into Item III, C; MADE by R. McIntyre; SECONDED by R. Missel ;  NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

C. Nelson explained to the members that the Applicant is proposing a lot line change between 2 and 4 Trails End which will increase the size of the land for 2 Trails End by 1,111 s.f. and decrease 4 Trails End by the same.  The existing fence on 2 Trails End is 11 feet over the property boundary.  To accommodate each other the neighbors have agreed to move the property line to the location of the fence.  The fence has been in place for over 20 years.  This lot line change has been approved by CRAHD.

MOTION to approve the lot line adjustment for Lots 2 and 4 Trails End Road (Map 16/68/5 & 16/68/6); MADE by R. McIntyre; SECONDED by D. Ranaudo;  NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo,  C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.


IV.     REFERRALS
A.      Spec’l Exception for retail lumber and building material sales (5,540 s.f.)
        93 Spencer Plain Road (Map 46/Lot 3) Business B-4 Zone
        Applicant: Fulkerson RE Development, LLC
        ACTION: Consider per Town plans; Report for 5/10/11 ZC p.h.

Stephen Sheehan, Esquire was present to present the application for the owner/applicant, Fulkerson Real Estate Development, located at 93 Spencer Plain Road.  CT River Lumber Company, owned by Patrice and Richard Stangel, is a specialty lumber supply for hardwoods, salvaged wood and exotic wood.  All lumber will be stored indoor.  Architects, boat builders and master craftsman are the primary customer.  The use will continue to be retail and warehouse.
Chairman McIntyre feels this special exception is consistent with the Plan and Conservation and Development with respect to Economic Development: (Goals) Employment choice for local residents; a balance between commercial, retail, office, and light industrial development and the capacity of supporting public infrastructure and the integrity of the town’s small-town character, natural resources and cultural heritage.

MOTION to send a favorable recommendation to the Zoning Commission for the special exception for retail lumber and building and material sales located on 93 Spencer Plain Road (Map 46/Lot3) as it is consistent with the Plan of Conservation and Development as stated above; MADE by R. McIntyre; SECONDED by D. Ranaudo ;  NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, J. Esty,  D. Ranaudo, C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.


B.      “Rutigliano” Spec. Ex. & CSP to permit restoration, filling, excavation and grading
        57 Vincent Avenue (Map 113/Lot 134) Residence A Zone, CM Zone
        Applicant: Barbara Leroy Rutigliano             Agent: Keith R. Ainsworth, Esq.
        ACTION: Consider per Town plans; Report for 5/10/11 ZC p.h.

C. Nelson explained to the Members that the referral is a result of an enforcement situation.  The Applicant is seeking a permit from the Zoning Commission as a result of the enforcement.  Keith Ainsworth, Esq. was present to represent the Applicant, Barbara Leroy Rutigliano.  Attorney Ainsworth explained the history of the residential water front property located at 57 Vincent Avenue and the proposed remediation plan that involves the removal of fill (142 cubic yards) and planting wetland plants in a 10’ x 110’ strip of land and a 10’ foot slope for a total of a 20 foot area along the wetlands.  It is consistent with the coastal area management plan by enhancing the existing vegetative buffer.  
Chairman McIntyre added that it is consistent with the Plan of Conservation and Development with respect to Water Resources (Goals) Maintenance and improvement of tidal and freshwater wetlands for their natural functions and social benefits; and (Policy) to encourage the removal of invasive wetland species such as phragmites and purple multi-flora through practices that protect native wetlands species;  to encourage developers to landscape with native non-invasive plant species.

MOTION to send a favorable recommendation to the Zoning Commission for special exception & coastal site plan for restoration, filling, excavation and grading at 57 Vincent Avenue (Map 113/Lot 134) as it is consistent with the Plan of Conservation and Development as stated above; MADE by R. McIntyre; SECONDED by D. Ranaudo;  NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo,  C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.


C.      “TJ’s Restaurant” Modification of Spec’l Exc. for Restaurant (2,330 s.f.)
        735 Boston Post Road (Map 36/Lot 99) Business B-2 Dist., Town Center Pedestrian Node
        Applicant: Village Plaza, LLC                   Agent: David M. Royston, Esq.
        ACTION: Consider per Town plans; Report for 5/10/11 ZC p.h.

Christine Nelson read a letter dated 5/4/2011 from Attorney Royston, who was not present, to request a favorable recommendation by this Commission for the modification of an existing approval for special exception restaurant.   
The Applicant submitted a modification to extend a portion of the building 213 s.f. to accommodate a handicap bathroom and kitchen area.  The extended building will reduce the parking by 1 and remain in compliance with parking requirements.  In addition, during renovation the applicant discovered that asphalt shingles are not feasible due to the underlying roof material, therefore the Applicant is proposing a new structure stucco style roof façade.  The application remains consistent with plan of conservation and development as previously stated in the last meeting where this Commission gave a favorable recommendation.

MOTION to send a favorable recommendation to the Zoning Commission for the modification of special exception for restaurant use at 735 Boston Post Road (Map 36/Lot 99) as it is consistent with the Plan of Conservation and Development as previously stated; MADE by R. McIntyre; SECONDED by C. Flanagan;  NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo,  C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.


D.      “Between the Bridges, LLC” Spec’l Exc. & CSP for rest./office use; office/retail use; new boat repair bldg. (3,404 s.f.); new sewerage bldg. (800 s.f.); existing 289 slip marina (18 ac.)
        139, 142 & 163 Ferry Road (Map 45 /Lots 11, 14, 29 & 33) MC & Res. A Districts, GC & CM Zones
        Applicant: Between the Bridges, LLC             Agent: William Childress, Esq.
        ACTION: Consider per Town plans; Report for 6/6/11 ZC p.h.

E.      “Between the Bridges, LLC” Affordable Housing Development Site Plan (8-30g)
        90 d.u., sewerage treatment facilities, maintenance bldg., parking & amenities (18 ac.)
        139, 142 & 163 Ferry Road (Map 45 /Lots 11, 14, 29 & 33) MC & Res. A Districts, GC & CM Zones
        Applicant: Between the Bridges, LLC             Agent: William Childress, Esq.
        ACTION: Consider per Town plans; Report for 6/6/11 ZC p.h.

Open items D and E to be reviewed and discussed in conjunction.

C. Nelson explained that this Commission had reviewed an application for this property last summer before the application was withdrawn.  Attorney Childress was present to represent the Applicant and provided an overview of the new applications.
Maggie Gallagher, property manager, also provided details for these applications for marine commercial, office, retail, restaurant, residential, including affordable housing.  The marina is a 289 slip marina with boat repair and storage facilities.  The restaurant will seat 150.  There will be 90 residential units with 30% of the units qualifying under 830g.  There will be 23 affordable units on the west side and 4 affordable units on the east side.  The construction of the residential units will be completed in 3 phases.  Parking will be provided both restricted/gated and open shared parking on each site and along the street.  There will be a trash compactor located on the east side along with a sewerage treatment building.  The public viewing platform will be on the east side of Ferry Road with 5 parking spaces.

Greg Nucci with Point One Architects added that the building heights will be 35’ maximum, they have received a variance for the bath rooms near the pool and a new 16’ viewing walkway has been added between the street side units on the east side.
John Cunningham of TEC Landscape Design added that the walking path was deleted for safety and maintenance issues on the west side, but the sidewalks will remain for pedestrian traffic throughout the west side of the property.  300+ trees will be added to the west side of the property and 17 new street trees will be added along the east side of Ferry Road.  

Attorney Childress noted that in the last review by this Commission the only recommendation was that affordable units should be more evenly distributed along the west side.  The applicant went one step further and added 4 affordable units on the east side.
Chairman McIntrye asked if winter boat storage will be outside on the east side as currently shown on an aerial photograph .  Ms. Gallagher responded that boat storage will be located in the South Yard and on the southern portion of the east side.  McIntyre asked if there was anything preventing boats from being stored along the water edge during the winter months. Attorney Childress added owners cannot amend any governing documents that would negatively affect the marine commercial/restaurant business.

Chairman McIntyre feels this application is consistent with the Plan of Conservation and Development as outlined in the memorandum from the Applicant adding: Economic Development (Goals) Employment choices for local residents.  Chairman McIntyre also recommended that the marina operator be allowed to store boats on the eastern side of Ferry Road.

MOTION to send a favorable recommendation to the Zoning Commission for the special exception, coastal site plan for restaurant/office use; office/retail use; new boat repair building (3,404 s.f.); new sewerage treatment building (800 s.f.); existing 289 slip marina (18 ac.) located at 139, 142 & 163 Ferry Road (Map 45/Lots 11, 14, 29 & 33) MADE by R. McIntyre; SECONDED by D. Ranaudo;  NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo,  C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0

MOTION to send a favorable recommendation to the Zoning Commission for the affordable housing development site plan (830g); 90 d.u. sewerage treatment facilities; maintenance building; parking & amenities (18ac.) located at 139, 142 & 163 Ferry Road (Map 45/Lots 11, 14, 29 & 33) MADE by R. McIntyre; SECONDED by D. Ranaudo;  NO DISCUSSION. VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo,  C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0

F.      Criteria for “Consolidation of Regional Planning Agencies”
        ACTION: Review context, consider options, report to Board of Selectmen.

Chairman McIntyre feels local government is best because you have more control, but some services are more efficiently provided with adjacent towns.  Some issues are regional and combining town agencies may have a benefit .  With the current conditions, and the state requiring regional planning agencies to consolidate further, it is in the town’s best interest to join a neighboring planning agency with which we have some commonality such as the CT River.  C. Nelson will invite CRERPA to our next meeting on May 18, 2011 to discuss how the consolidation would affect our town.

V.      OLD BUSINESS
VI.     NEW BUSINESS
VII.    ADJOURNMENT
        
MOTION to adjourn the meeting at 9:40 p.m. until the next Regularly Scheduled Meeting of the Planning Commission scheduled for, Wednesday, May 18, 2011 in the Old Saybrook Town Hall First Floor Conference Room 302 Main Street.; MADE by R. McIntyre; SECONDED by R. Missel; VOTED IN FAVOR: R. McIntyre, J. Esty, D. Ranaudo, C. Flanagan, R. Missel; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.

Respectfully Submitted,



Joanne Rynecki, Planning Clerk