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ZC 070505.Minutes
TOWN OF OLD SAYBROOK
Zoning Commission
302 Main Street  Old Saybrook, Connecticut 06475-1741
Telephone (860) 395-3131  FAX (860) 395-1216

MINUTES
REGULAR MEETING
Tuesday July 5, 2005 at 7:30 p.m.
Acton Public Library


I.      CALL TO ORDER  Chairperson Madeleine Fish called the meeting to order at 7:34 p.m.

II.     ROLL CALL

Attendant Members                                           Absent Members
Madeleine Fish, Chair                                   Barbara Galler, Alternate
Robert Friedmann, Vice Chair    
Walter Harris, Secretary
Elizabeth Steffen
Geraldine Lewis
Paula Stuart
Charles Sohl*

Charles Sohl arrived at 8:00 pm; Geraldine Lewis was seated for him until that time.

Attendant Staff
Christine Costa,  Zoning Enforcement Officer
Eric Knapp, Town Attorney
Kate Frank, Recording Clerk

III.    CORRESPONDENCE

Jacobson Engineering submitted two bills for $53.53 each.

MOTION to approve payment of two invoices to Jacobson Engineering, each for $53.53 made by Elizabeth Steffen; SECONDED by Walter Harris; APPROVED by M. Fish, R. Friedmann, E. Steffen, G. Lewis and W. Harris; DENIED none; ABSTAINED none; 5-0-0.


IV.     MINUTES

The minutes for May 13th, 2005 were reviewed and the following changes were made:
Robert Friedmann was not at the meeting that night and at the top of the minutes it should be noted it was a special meeting.

MOTION to approve minutes of May 13th, 2005 with the above corrections made by Elizabeth Steffen; SECONDED by Geraldine Lewis; APPROVED by M. Fish, E. Steffen, G. Lewis, and W. Harris; DENIED none; ABSTAINED R. Friedmann; 4-0-1.
The minutes from the June 20th meeting were reviewed and the following changes were made:
The Town Attorney was Mark Branse, all Lizs should be changed to Elizabeth. The motion on Island Cove Marina should be changed to continuing deliberations. The blank after Nick should be Peretis, not of the Gateway Commission, but a business owner.  Right turn only from Boston Post Road and no exiting onto Boston Post Road from the parking lot of  the proposed CVS.

MOTION to approve minutes of June 20th, 2005 with the above corrections made by R, Friedmann; SECONDED by Walter Harris; APPROVED by M. Fish, E. Steffen, W. Harris, G. Lewis and R. Friedmann; DENIED none; ABSTAINED none; 5-0-0.

V.      PETITION FOR PROPOSED  TEXT AMENDMENTS TO THE ZONING REGULATIONS OF THE TOWN OF OLD SAYBROOK

Regarding the maximum number of events, Madge polled the board and nine seemed to be the consensus except for one response of 7.  It was determined that there were no more questions and that the commission was ready to vote.

MOTION to adopt the petition for text changes in the Zoning Regulations for the Town of Old Saybrook 35.2.14 and 52.7.17 to add by permit by exception in the marine commercial district made by Elizabeth Steffen; SECONDED by Paula Stuart; APPROVED by M. Fish, E. Steffen and P. Stuart; DENIED by W. Harris and R. Friedmann; ABSTAINED none; 3-2-0.

VI.     SITE PLAN REVIEW APPLICATION/COASTAL SITE PLAN REVIEW

9200 square foot office building,205 Old Boston Post Road,  Map 28/Lot 41-1,B-2 District.
Applicant:  Blue Point, Inc.                                    Agent : Joseph Wren

Mr. Wren passed out updated plans. He had raised the basement elevation to 10.5’ so there would be no flood issues. Geosynthetic reinforcement grid retaining wall : as long as you don’t go over 6.8 feet in a sand and gravel site, you don’t need the reinforcement grid.  The trees on the site were observed to be stable and growing. The landscaping area between the road and the sidewalk is counted in the site area but even without it, the building size still meets the criteria for the site. 46 parking spaces are still provided. Other changes include : the width of the handicapped parking spot will now be 22’, striped areas are changed from 4’ to 5’; the floor elevation is changed to 17.5’, the parking lots of 205 Old Boston Post Road and Rosemary & Sage will not be adjoined and the total footprint of the building is 5203 square feet, average height taken for 13.4 to produce an elevation of 48’ maximum from the grade as it is now.

C. Sohl felt signs should be posted for “Do Not Fertilize” around the swale and infiltration areas and the applicant has agreed. The roof pitch has been slightly lessened. Pictures of revised signs were passed out and updated structure plans. A 10.5’ attic will prove storage but could not be rented. The basement will not be rented due to the flood plane. The 9200 square feet includes the elevator shaft and bump outs. At this point, Madeleine Fish asked the public if they had any questions for the architect or engineer and one member questioned whether it was two stories.

Chris reported that all referrals were in. It was decided that bonding for sedimentation control, landscaping would be reviewed in two years and set by the town engineer. After one year, a partial release of the bond could be considered.

MOTION to approve the Site Plan Review Application/Coastal Site Plan Review for a 9200 square foot office building at 205 Old Boston Post Road, Map 28/ Lot 41-1, B-2 District made with the following provisions :
All site lighting will be downward lit, the applicant is to post a bond for sedimentation control and landscaping to be set by the Town Engineer, the bond is to be held for two years after project completion and is eligible for partial release after the first year.  No fertilizer products will be allowed within the stormwater detention basin and a metal informational sign will be posted adjacent to the detention basin to advise landscape specialists of the following: FERTILIZER USE PROHIBITED WITHIN THE DETENTION BASIN AREA. MAINTENANCE MOWING RESTRICTED TO FOUR TIMES PER CALENDAR YEAR made by Elizabeth Steffen; SECONDED by Robert
Friedmann; APPROVED by M. Fish, E. Steffen, R. Friedmann, W. Harris and C. Sohl; DENIED none;  ABSTAINED none; 5-0-0.



VII.    COASTAL SITE PLAN REVIEW

1000 square foot deck and 720 square foot garage with an unfinished storage loft, 311 Main
Street, Map 30/Lot 29-1, A District.
Applicant : James Magoon

Height of the deck is 2’ and the entire thing is surrounded by steps or bench seating all around.
Nothing to be stored underneath the deck. There is slab where the garage will go right now but
this does not represent the footprint as it is not up to code. Chris stated that it meets all zoning
regulations and maximum space requirements. The applicant stated there will be electricity at the
site but no plumbing. The pitch will be 12:12 and the applicant doesn’t plan to install exterior lighting.

MOTION to approve Coast Site Plan Review for a 1000 square foot deck and 720 square foot garage at 311 Main Street, Map 30/Lot 29-1,  A District made by Robert Friedmann; SECONDED by Walter Harris; APPROVED by M. Fish, R. Friedmann, C. Sohl, E. Steffen and W. Harris; DENIED none; ABSTAINED none; 5-0-0.

VIII.   DISCUSSION : POINTKOWSKI GRAVEL PIT

Chris stated we were waiting for the DEP’s input on water diversion. Chris drafted the following motion :

MOTION to approve the annual renewal of the Pointkowski gravel pit on the conditions of the applicant must continue to seek and obtain an appropriate water diversion permit from the Connecticut DEP. The applicant must notify the Zoning Commission of any changes in operation in the next year that may trigger additional permits from the state DEP or Connecticut Water Co. The applicant must notify the Zoning Commission of any changes created from water diversion that affect the ground water of the Connecticut Water Co. well, Exchange Club Pond or any other water source and the applicant must clean all dirt and gravel deposited along Connelly Drive from trucks entering and exiting the site made by M. Fish; SECONDED by E. Steffen; APPROVED  by M. Fish, E. Steffen, R. Friedmann, W. Harris and C. Sohl; DENIED none; ABSTAINED none; 5-0-0.

IX.     PUBLIC HEARINGS

A.      SPECIAL EXCEPTION USE APPLICATION/COASTAL SITE PLAN REVIEW

CVS Pharmacy, junction of Boston Post Road and Stage Road, Map 40/Lots 14-17, B-4 District.
Applicant : Issues Management, Inc.                     Agent : David Roysten

Mr. Roysten started by stating the applicant expects this to be continued to the next regular meeting. Engineer Patrick O’Leary handed out copies of updated plans with Karen Mann, another engineer of VHB in Middletown. The canopy over the drive through was decreased in width to accommodate garbage trucks and fire/emergency equipment. They will repave and recurb Stage Road with the request that the municipality resolve the dispute with the adjacent land owners parking situation. Truck turning templates were passed out and it was reiterated that normally they would expect one truck per week, maybe two between Thanksgiving and Christmas. CVS mandates establishing routes in order to comply with traffic regulations (i.e. no left hand turn from BPR). A sequential set of architectural drawings was submitted per the commission’s request and the weekend traffic counts will be performed the weekend of July 8th through 10th at the next meeting. This will not be a 24 hour store. There will be gooseneck lighting around the store including through the drive-thru. There will be two stanchions as well as building lighting and the total building area will be 12,942 square foot. Madge suggested that the applicant revisit the ARB and Planning Commissions to show them updated plans with the hope that unfavorable recommendations might be turned around. Operating on the premise that public hearing will close July 25th. Canopy calculations don’t count toward the parking calculations but the mezzanine does.

MOTION to continue the special exception use application/coastal site plan review for CVS Pharmacy, junction of Boston Post Road and Stage Road, Map 40/Lots 14-17 made by Elizabeth Steffen; SECONDED by Madeleine Fish; APPROVED by M. Fish, E. Steffen, R. Friedmann, W. Harris and C. Sohl; DENIED none; ABSTAINED none; 5-0-0.
        
B.      SPECIAL EXCEPTION USE APPLICATION

     Meeting place for small groups, bible studies, 6 Farview Avenue, Map 20/Lot 171, A District.
Applicant : St. Paul’s Evangelical Lutheran Church   Applicant : Paul Brezicki

Paul started out by stating the sanctuary is new, the issue is that they don’t have too many small areas to hold several meetings concurrently. They want to buy and adjacent ranch house that is 1100 square feet and take out the walls to allow three small groups to meet simultaneously. There will be no exterior signage. The attendees would be the same people that are already going to the church, same parking lot, not an increase in traffic. The church intends to trim the landscaping and maintain it like it was a residence. The main entrance will be in the back and not from Farview Avenue. There will be handicapped parking and a ramp.

Madge opened the hearing for public comment:

Patricia Rysteader, resident of adjacent property had concerns about the “etc.” which Paul explained stands for bible studies, book studies, church council, committee meetings and religious instruction. There will be no cooking allowed other than a microwave and coffee pot.
Jane Sypher: adjacent property owner was concerned about what the basement and the garage would be used for. The applicant explained there is a water problem so they will not be used for anything but storage, and they don’t even want to do that unless forced to. The garage is already being used. The site provides parking for four cars. The property owner was also concerned that if 60 and 70’ trees were removed that something else be put in their place that preserves her property. Paul stated there are no plans to remove any trees but the church will trim them. She was also concerned that there would be children’s groups and stated she didn’t care for such. Paul said the meetings, at the youngest, would be comprised of 7th and 8th graders and older. Capacity is about 30 without the use of the basement of garage and there would be no overflow to the house from the church’s after school program. The fire marshall wasn’t sure if  the house needs a sprinkler system or not. Jane Sypher went on to request that the word “etc.” be dropped from the statement of use. Chris Costa reported we are only waiting for the fire marshall’s report.

MOTION to approve the Special Exception Use Application for St. Paul’s Church with the exception that the fire marshall approves for a meeting place at 6 Farview Avenue made by Elizabeth Steffen; SECONDED by Geraldine Lewis; APPROVED by M. Fish, E. Steffen, W. Harris, R. Friedmann and W. Harris; DENIED none; ABSTAINED none; 5-0-0.

C.      SPECIAL EXCEPTION USE APPLICATION

                15-19 Main Street, Maps 37, 50/Lot 51 and 1, B-1 District
                Agent: Don Shalit

        Starbucks proposes to take a part of Cingular’s space. The strip mall is basically three different
         Connected structures. The would demolish the end part and rebuild with large energy efficient
         Front windows for all stores to maintain aesthetics. The electric meters will no longer be
          Exposed to the exterior of the buildings. Exterior would be a silverish grey with green letters
         And a darker grey accent line and crown molding.

         Alex Walker addressed the board regarding landscaping. Starbucks purchased the Mobil
          property and is leasing it back to the town for 100 years. Hours of operation are 6 am to
         11:00 weekdays and 8-9 on Sunday.  No cooking will be done on the premises. No outdoor             
          seating is planned. There would be indoor seating for approximately 20 people and busiest
         hours would be before 9 am . Starbucks is not a franchise. Bob Doane, civil engineer
          explained the parking. Trying to close two curb cuts on Boston Post Road and Main Street.
         There will be a right turn in only and right turn out only for both routes. There is parking
         for about thirty, 8 spots are in front. There is a sanitary facility for 1100 gallons which got
         got a favorable report from the Town Sanitarian. Starbucks gets a daily delivery from a box
         box truck at 5 am that lasts 8-12 minutes. Starbucks will provide the temporary signs for
         the other businesses during renovations. Outdoor lighting shining onto the parking area
         will be provided.

X.      SITE PLAN REVIEW

Municipal information booth, 1 Main Street, Map 40/Lot 1, B-1 District.
Applicant :BOS Village Gateway Commission        Agent: Joe Metzendorf

Joe submitted plans and described the utilities and storage to be in the basement
with the mechanicals.

MOTION to continuethe site plan review for the information booth made by Madeleine Fish; SECONDED  by Paula Stuart; APPROVED by M. Fish, R. Friedmann, W. Harris, C. Sohl and E. Steffen; DENIED none; ABSTAINED none; 5-0-0.

XI.     \COMMITTEE, REPRESENTATIVE AND STAFF REPORTS

XII.    ADJOURNMENT

MOTION TO ADJOURN THE MEETING OF OLD SAYBROOK ZONING COMMISSION UNTIL THE NEXT REGULARLY SCHEDULED MEETING ON MONDAY, JULY 18TH, 2005 AT 7:30 AT THE PASBESHAUKE PAVILION MADE AT 11:34 PM BY ELIZABETH STEFFEN; SECONDED BY M. FISH; APPROVED BY M. FISH, E. STEFFEN, W. HARRIS, R. FRIEDMANN AND C. SOHL; DENIED NONE; ABSTAINED NONE; 5-0-0.