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Planning Commission Minutes 03/07/2012
 REGULAR MEETING MINUTES
Wednesday, March 7, 2012 at 7:30 p.m.
1st Floor Conference Room
Town Hall, 302 Main Street

I.      CALL TO ORDER

The Chairman called the regular meeting to order at 7:30 p.m.

II.     ROLL CALL

Members Present 
Janis Esty, Chairman
Robert Missel, Regular Member
Catherine Flanagan, Regular Member
Donald Ranaudo, Regular Member
David Shearer, Regular Member
Kenneth Soudan, Alternate Member, arrived at 7:35 p.m.
Kathleen Sugland, Alternate Member
Michael Urban, Alternate Member

Staff Present
Christine Nelson, Town Planner
Kathleen Noyes, Recording Clerk
        
        Several people from the general public were present.

III.    REGULAR BUSINESS

  • Minutes
MOTION to approve the minutes from February 15, 2012; MADE by C. Flanagan; SECONDED by J. Esty; VOTED IN FAVOR:  J. Esty, C. Flanagan, R. Missel, D. Shearer, D. Ranaudo; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

  • Correspondence
MOTION to pay Branse, Willis & Knapp # 75301 in the amount of $708.51; MADE by R. Missel; SECONDED by D. Shearer ; VOTED IN FAVOR:  J. Esty, C. Flanagan, R. Missel, D. Shearer, D. Ranaudo; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

  • Committee, Representative & Staff Reports
C. Flanagan reported that the CRERPA merger is proceeding. CRERPA considered 3 inter-municipal referrals at the most recent meeting also.

M. Urban said that he submitted the article from the Planning Commission to the Selectmen’s office, and it should be published in the spring issue of Events Magazine.

R. Missel reported that the Natural Hazard Mitigation Committee is making good progress. The group should be winding down by the end of the fiscal year, which is June 30, 2012.

  • NEW BUSINESS
A.      Referral of “The Preserve” Open Space Preservation Subdivision – 6 Lots (36.6 ac.)
        Essex: Ingham Hill Road (Map 93 / Lot 1), Rural Residence RU District, Holbrook Well APA
        Applicant: River Sound Development, LLC; Agent: Robert L. Doane, Jr. P.E.

R. Doane, Jr., P.E. presented for the applicant. This proposal is for a 36.6 acre subdivision with 6 lots in the town of Essex. All 6 lots have frontage on Ingham Hill Road. The edge of the development sits on the Saybrook/Essex town line. There is an open space buffer of 75 feet on the Essex side bordering Old Saybrook.

The property fronts on Ingham Hill Road, which dead ends prior to entering Old Saybrook. That roadway will not be extended. There will be no traffic entering Old Saybrook from that direction.

R. Doane said that storm water would be handled individually from each house. The property slopes to the north away from Old Saybrook. R. Doane distributed maps highlighting the watershed boundaries.
R. Doane explained that River Sound Development, LLC, is proposing an open space preservation subdivision pursuant to Essex Regulations. Per the regulations, they are required to have 50% open space (they’re proposing 56% open space out of 36.6 acres). The Essex Regulations require an open space buffer between the lots and the undeveloped property. There is a 75 ft strip that runs parallel to the Saybrook/Essex town line.

The applicant will have to go to the Westbrook IWWC and then to the Essex public hearing which starts on 4/19/12. He will go before the Westbrook IWWC on Tuesday. There’s no activity in the wetlands, however there is a requirement that they have to go before the IWWC whether there is wetland activity or not. R. Doane explained that this is being referred from Essex because it is within 500’ of Old Saybrook. Typically the two issues to be focused on are traffic and water drainage.

R. Doane said house size will be up to the individual lot owners, and part of that will depend on lot size. In keeping with the Essex regulations, 4 bedroom houses have been drawn on the plans, but that’s not necessarily what will be built. The houses will be in keeping with the neighborhood, and there will be wells on site.

K. Soudan asked about dead end streets and trailheads. R. Doane said this proposed development would not have an impact on that at all. The developer has no intention of extending Ingham Hill Road to make it a through road. At this time, there is no plan to connect to the trail system in Old Saybrook.

MOTION to send a letter with a favorable recommendation to the Essex Planning Commission for “The Preserve” Open Space Preservation Subdivision – 6 Lots (36.6 ac.) Essex: Ingham Hill Road (Map 93 / Lot 1), Rural Residence RU District, Holbrook Well APA, Applicant: River Sound Development, LLC, Owner; Agent: Robert L. Doane, Jr., P.E. stating that there is no apparent inter-municipal impact from storm water or traffic. The Planning Commission requests that the Town of Essex consider connecting trailheads if possible.; MADE by J. Esty; SECONDED by D. Ranaudo; VOTED IN FAVOR:  J. Esty, C. Flanagan, R. Missel, D. Ranaudo, D. Shearer; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

B.      “Ethan’s Landing” Affordable Housing Development – 15 Units (2.01 ac.)
        120 Spencer Plain Road (Map 46 / Lot 5-2), Residence AA-1 District
        Applicant: George Bessoni, Owner                Agent: Edward M. Cassella, Esq.
E. Cassella, Esquire, presented for the applicant. He explained that this proposal is for an 8-30g affordable housing development. It is located on Spencer Plain Road, and it straddles both Westbrook and Old Saybrook with 1 acre in Westbrook and 1 acre in OS. The proposal is for a 15 unit residential development with 8 units in Westbrook and 7 in Old Saybrook. This is 1 parcel with 5 affordable units; 2 in Old Saybrook and 3 in Westbrook. The units are a mix of 1, 2 and 3 bedroom units. 3 of the units will be available for those making 60% of the median income, and 2 units will be available for those making 80% of the median income.

C. Laliberte, Architect, designed the drawings for the project, and he included a landscape plan included, as well.

E. Cassella said Joe Wren is the project’s engineer. He has designed the proposal so there will be no underground movement of water. The drainage is all on site and above ground. There is a drainage detention pond on the Old Saybrook side. There will be no additional runoff off site.

E. Cassella said some units meet ADA requirements.

E. Cassella said there are no plans for sidewalks at this point, but there are plans for 30” stonewalls which will be patterned to match the façade on the buildings.

E. Cassella said there is an island that will be landscaped, and pavers will be used where possible instead of pavement.

E. Cassella said trees have been removed on the neighboring property to accommodate sight lines.They’ve been in talks with a neighboring property owner about a site line easement. The clearing that needs to be done is being monitored by Westbrook’s IWWC.

J. Esty asked if the Estuary Transit District runs a bus to that area of town. She’d like to be sure there will be a bus shelter and that the bus will come to the development.

E. Cassella said there are 2.8 parking spaces per unit. K. Soudan asked if there was a way to control how many cars are allowed per unit. He’s concerned there will be too many cars. E. Cassella said that each unit has a 1-car garage. 1 car can be in the garage, and 1 in front of the garage.

E. Cassella said each unit has a deck or a sunroom, or patio. The gazebo and play scape area will be for common use. The recreation area will be on the Westbrook side.

E. Cassella explained that the management of the units would be administered privately through a contract. The developer bears the cost of hiring a third party administrator to review the qualifications of an applicant to make sure all of the regulations are being met. The affordability plan has to be part of the approval.

MOTION to send a favorable recommendation to the Zoning Commission for “Ethan’s Landing” Affordable Housing Development – 15 Units (2.01 ac.), 120 Spencer Plain Road (Map 46 / Lot 5-2), Residence AA-1 District; Applicant: George Bessoni, Owner; Applicant: Edward M. Cassella, Esquire in that it is consistent with The Plan of Conservation and Development specifically the goals under Residential Development which state the following: Provide sufficient opportunity for creation of housing alternatives to the typical high-cost single-family house in order to: Accommodate the elderly in a safe and convenient environment, enable young persons to continue to both live and work in town, Create attainable housing for families at all income levels, Balance rates of development with existing capacity and planned expansion of public infrastructure and services, and Encourage design of new and renovated housing that is compatible with its surrounding neighborhood. Also, under Residential Development Policies: Promote additional multi-family opportunities that do not require owner residence including limited apartment facilities, home conversions, and non-ground floor apartments over Main Street businesses where soils can accommodate waste disposal. In the residential area north of I-95, assure that new residential development is fitted to the significant natural constraints of topography, variable soil conditions, and wetlands, and where land conditions are supportive, provide an opportunity for alternative forms of residential layout and buildings that best utilize individual site features. The Planning Commission requests that there be a bus shelter provided for people using the bus for public transportation as has been done with other affordable housing developments. MADE by J. Esty; SECONDED by C. Flanagan; VOTED IN FAVOR:  J. Esty, C. Flanagan, R. Missel, D. Ranaudo, D. Shearer; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

C.      Petitions to Amend Zoning Regulations & Map for “Marine Commercial”
        District Designation from Shopping Center Business B-2 to Marine Commercial and
        Reduction in Setback from Property Line for Boat Storage (Sections 35.1.7 & 35.5)
        Petitioner: S&S Marine LLC                      Agent: Scott S. Sundholm, Owner
        
Scott S. Sundholm, owner of S&S Marine, LLC presented. He explained that per the suggestion of the town Zoning Enforcement Officer, he was requesting a change of zone to the MC District to make his business better fit this property. He requested that the setback be changed from 25’ to 40’. The property is currently zoned in the Business District which allows for only a 25’ setback. The 40’ setback would help him to run his business more successfully. He explained that boat storage is a large part of his business, and the setback will increase the capacity he would have to store more boats.

        S. Sundholm explained that boat storage is a large part of his business from October through April. He does a lot of boat service work in the summer months. Many of the boats being stored during the winter months will be moved to local marinas once the boats are properly serviced and boat season begins, which is usually in May. His business is mobil in the sense that he and his employees go to various locations to service boats, but the Old Saybrook location is their home base.      

Commissioners agreed they are in support of this matter, but they think it’s more appropriate for this to be referred to the ZBA instead of requesting that the MC district zone be changed through the ZC.

        D. Shearer asked if the applicant could go to ZBA to request a change in text. C. Nelson said he could request a variance for the map, and she emphasized that variances run with the land not with the landowner.

S. Sundholm said he is hopeful that his business will be expanding, and he asked Commissioners for suggestions on where he might find more land for boat storage in town. C. Nelson suggested that he refer to the town zoning map, so he can see which areas are zoned MC. She also recommended that he seek assistance from Economic Development for help finding a potential property.

MOTION to send a letter with a favorable recommendation to the Zoning Commission for change of zone for Petitions to Amend Zoning Regulations & Map for “Marine Commercial” District Designation from Shopping Center Business B-2 to Marine Commercial and Reduction in Setback from Property Line for Boat Storage (Sections 35.17 & 35.5) Petitioner: S&S Marine, LLC, Owner; Agent: Scott S. Sundholm, Owner and the neighboring lot because it is in a transitional area, and it is consistent with The Plan of Conservation and Development. However, the Planning Commission does not recommend a text change because it would not be consistent with The Plan of Conservation and Development for all Marine Commercial properties. The Planning Commission believes that it would be more appropriate if this matter were referred to the Zoning Board of Appeals so the applicant can apply for a variance for the 2 specific sites for variance of the regulations.; MADE by J. Esty; SECONDED by D. Shearer;  VOTED IN FAVOR:  J. Esty, C. Flanagan, R. Missel, D. Ranaudo, D. Shearer; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
        
D.      “Miller’s Crossing” Spec’l Ex. Mod. for Office & Storage Uses – 2,310 s.f.  (1.21 ac.)
        1358 Boston Post Road (Map 27/Lot 18), Gateway Business B-4 District, Pedestrian Node, CAM Zone
        Applicant/Agent: Ricardo Morant, Owner
C. Nelson explained that the applicant had previously submitted a proposal to the Planning Commission which included a sidewalk. The Planning Commission had wanted the sidewalk to be located on Route 1, and the proposed sidewalk was to be located on Old Post Road. The applicant is modifying his approval for a sidewalk located on Route 1.
C. Nelson said this could be handled administratively. She explained that currently, the ZC has to refer everything that is a special exception use to the PC. She suggested the PC discuss what they feel needs to come before the Commission and what they can decide can be handled administratively.
MOTION to accept the modification to add a sidewalk on Route 1 for “Miller’s Crossing” Special Exception Modification for Office & Storage Uses – 2,310 s.f. (1.21 ac.) 1358 Boston Post Road (Map 27 / Lot 18) Gateway Business B-4 District, Pedestrian Node, CAM Zone; Applicant/Agent: Ricardo Morant, Owner.; MADE by J. Esty; SECONDED by R. Missel; VOTED IN FAVOR:  J. Esty, C. Flanagan, R. Missel, D. Ranaudo, D. Shearer; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

  • “Keeney” Spec’l Ex. for Equine Livestock – 3,264 s.f. (3.11 ac.)
  • 1 Boulder Drive (Map 64/Lot 30), Residence AA-3 District, Gateway Conservation Zone, CAM Zone
  • Applicant/Agent: Beverly Keeney, Owner
C. Nelson said this area is zoned for horses, and that this would be an as of right use if the property was 5 or more acres, but because this is a 3.11 acre parcel, it’s a Special Exception Use. She noted that this is not visible from the CT River.
Water will be brought out for the horses, and so there will be no issues with plumbing or piping. There will not be a bathroom there, just a tack room, and a feeding storage area. The paddock and barn are well hidden on the property.

MOTION to send a favorable recommendation to the Zoning Commission for “Keeney” Special Exception for Equine Livestock – 3,264 s.f. (3.11 ac.) 1 Boulder Drive (Map 64 / Lot 30), Residence AA-3 District, Gateway Conservation Zone, CAM Zone, Applicant/Agent: Beverly Keeney, Owner. The Planning Commission would like to recommend that a vegetated roadside buffer be maintained consistent with the rest of Otter Cove.; MADE by J. Esty; SECONDED by D. Ranaudo;  VOTED IN FAVOR:  J. Esty, C. Flanagan, R. Missel, D. Ranaudo, D. Shearer; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

        F.      Petition to Amend Zoning Regulations
                Permit undertaker’s establishments in the B-1, B-2, B-3 & B-4 Districts (Sects. 31, 2, 33 &34); exempt structure elevation for flood compliance from CAM (Sect. 59); exclude area below base flood elevation from definition of “story” (Sect. 9); remove 5-yr daycare renewal (53); remove mandatory SPEX referral to Planning Commission (Sect.52); allow surety as an acceptable form of bond (Sect. 51.8); make consistent language for 2-family dwelling conversions, convalescent homes, accessory uses and offices(Sects. 21, 22, 23, 24, 25, 41); add “minor” to accessory structure (Sect. 68.1.2b8).
                Petitioner: Zoning Commission   
C. Nelson explained to Commissioners the various amendments the ZC was requesting in the Zoning Regulations. She also talked in detail about FEMA requirements and that the changes to these regulations would not threaten coastal resources.
MOTION to send a favorable recommendation to the Zoning Commission for Petition to Amend Zoning Regulation; Permit undertaker’s establishments in the B-1, B-2, B-3 & B-4 Districts (Sects. 31, 2, 33 & 34); exempt structure elevation for flood compliance from CAM (Sect. 59); exclude area below base flood elevation from definition of “story” (Sect. 9); remove 5-yr daycare renewal (53); remove mandatory SPEX referral to Planning Commission (Sect. 52); allow surety as an acceptable form of bond (Sect. 51.8); make consistent language for 2-family dwelling conversions, convalescent  homes, accessory uses and offices (Sects. 21, 22, 23, 24, 25, 41); add “minor” to accessory structure (Sect. 68.1.2b8). Petitioner: Zoning Commission in that it is not inconsistent with The Plan of Conservation and Development.; MADE by J. Esty; SECONDED by D. Ranaudo; VOTED IN FAVOR:  J. Esty, C. Flanagan, R. Missel, D. Ranaudo, D. Shearer; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

V.              OLD BUSINESS

VII.            ADJOURNMENT
MOTION to adjourn the meeting at 9:43 p.m. until the next regular meeting of the Planning Commission which is scheduled for March 21, 2012 at the Town Hall 1st Floor Conference Room, 302 Main Street Old Saybrook, CT; MADE by J. Esty; SECONDED by R. Missel; VOTED IN FAVOR: J. Esty, C. Flanagan, D. Ranaudo, R. Missel, D. Shearer; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

Respectfully submitted,


Kathleen Noyes, Recording Clerk