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
Monday, September 18, 2006 at 7:30 p.m.
Pasbeshauke Pavilion, Saybrook Point Park
155 College Street Extension
I. CALL TO ORDER
Chairman Fish called the meeting to order at 7:30 p.m.
II. ROLL CALL
Attendant Members Absent Members
Madeleine Fish, Chairman None
Robert Friedmann, Vice Chairman
Walter Harris, Secretary
Paula Stuart, Regular Member
Elizabeth Steffen, Regular Member
Geraldine Lewis, Alternate Member
Charles Sohl, Alternate Member
Kathy Edgar, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Eric Knapp, Legal Council
Maura Farbotka, Recording Clerk
M. Fish resigned her position as chairman. It was agreed by the commission to hold nominations for Chairman.
MOTION to nominate Vice Chairman R. Friedmann as chairman of the Zoning Commission MADE: by E. Steffen; SECONDED by W. Harris; no discussion on the motion; VOTING IN FAVOR: M. Fish, R. Friedmann, W. Harris, E. Steffen, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Old Saybrook Zoning Commission Meeting Minutes September 18, 2006
MOTION to nominate Regular Member E. Steffen as Vice Chairman of the Zoning Commission MADE by R. Friedmann; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, W. Harris, E. Steffen, M. Fish, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Chairman Friedmann explained to the commission, applicants and the public, a proposed time line to follow through the course of the evening.
III. MINUTES
Correction should be made on page one of the 8/21/06 minutes. Should read “E.” Steffen, not “W.” Steffen. Correction should be made on page 2, under section V (A); should read “ siltation fence will be maintained throughout the project”. Correction should be made on page 2, Section V (B); should read Mr. Fairbank, not Fairband.
MOTION to approve the Minutes of the August 21, 2006 Zoning Commission Meeting as corrected MADE: by E. Steffen; SECONDED: by W. Harris; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris; OPPOSED: none; ABSTAINING: M. Fish, C. Sohl; APPROVED: 3-0-2
IV. CORRESPONDENCE:
MOTION to pay Branse and Willis invoice #13257for $891.50, #13263 for $101.50, #13266 for $116.00, and #13255 for $377., for a total of $1486.00 MADE by E. Steffen; SECONDED by W. Harris; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
M. Fish gave R. Friedmann a form for his signature, updating accounting records on signing authority.
V. DISCUSSION: Old Saybrook Shopping Center, Matthew Rubin
Matt Rubin, owner of the Old Saybrook Shopping Center and Matt White, engineer of MacDonald/ Sharpe Associates were present. Matt Rubin addressed the commission specifically about concerns with how regulations apply to the shopping center. He reviewed his several discussions with Zoning Enforcement Officer, Chris Costa. It was agreed updated information was needed. Matt White passed out a survey/questions regarding the OS Shopping Center site, dated 9/18/06, and directed the questions to the Zoning Commission. This survey covered special exceptions, building expansions, parking variances and possible necessary traffic studies, etc. Concerns were raised how square foot limitations apply on retail development on both vacant and
Old Saybrook Zoning Commission Meeting Minutes September 18, 2006
non-vacant space within the structure. Discussion was held at length with the commission, Matt White and Attorney Knapp regarding interpretation of the regulations. Matt Rubin stated he is interested in a proposed text change, possibly coming to the commission in January.
VI PUBLIC HEARINGS
A. Application for Special Exception Use – CZC #06-204
63,400 S.F. one-story Big Y grocery store; six additional one-story retail buildings
consisting of a total of 72,500 S.F. –Boston Post Road/Spencer Plain Road
Map 25/Lots 28, 29, 30, 32, 32-1 and Map 26/Lots 2, 6-10, 6-11, 6-12 & 6-16, B-4
zone
Applicants: Max’s Place, LLC Agent: Attorney David M. Royston
Attorney Royston, was present for the applicant. He introduced the parties in attendance:
Mr. Lyman, owner; Peter Thomas, VP of Real estate for Big Y; David Ziaks, primary site engineer; Scott Hesketh, traffic engineer; and Patrick Moore, Architect for project.
Attorney Royston stated he would try to adhere to the timeline, and anticipated that this public hearing would be continued.
Attorney Royston opened by giving an overview of the application, including discussion of Center Road West, which was the subject of a referendum held last April (2005).
He submitted for record an overhead photo of the proposed site, and the surrounding area, including all existing roads and structures. Photo is marked in bottom left as (RN-1).
Attorney Royston discussed the different aspects of the application, including restrictions on the property, and that the entire property supports the parking.
On the far right of the exhibit, there are two-plus acres (Lot 16), which are being removed for development purpose. It will be serving the function as a supplemental detention basin to handle storm drainage, bypassing the town’s detention system. This was all developed as per the IWWC conditions.
Attorney Royston pointed out this application is for Special Exception. The use is permitted in B-4 Zone, and will meet all zoning regulations/buffers. He discussed the reports received to date. He is still awaiting reports from the Planning Commission, Town of Westbrook, and several others. He noted there have been no revisions made on the plans, pending review/recommendations from the outstanding reports. He hopes to have all reports by the next Zoning meeting on October 3, 2006.
Part of the plan includes buildings closer to the road as per the Route 1 study (The Yale Urban Design Group OS Route 1 Corridor). He noted this property has been the subject of a variety of applications, over the past several years, with this application being the largest in overall square footage.
David Ziaks, the site plan engineer gave an overview of the project. He used 17.6 acres for the calculations, he did not include the 2 detention basins. He discussed the Rt. 1 corridor study, and
Old Saybrook Zoning Commission Meeting Minutes September18, 2006
And the entranceways to be used on Routes 1 and 166. The parking consists of 622 paved spaces, and 155 reserved spaces (making up the required 777 parking spaces w/ 20% reserve stipulation).
Mr. Ziaks described their goal of integrating pedestrian access to the site. There will be concrete sidewalks along frontage on Route 1 and Route 166. These well defined pedestrian routes continue throughout the parking areas to each plaza site (Big Y and the junior anchors).
Plans incorporate existing stone walls on the site, using them in entrance features.
The septic consists of an underground leaching system, still being reviewed by the DEP. The project has an extensive drainage system. The applicant worked extensively with the IWWC and the Town Engineer and with public hearing to develop a state of the art system to comply with all regulations.
There are three storm water ponds proposed and infiltrator systems.
Lighting: Parking lights (on perimeter) will consist of 25-30 foot high lights, designed for best illumination/safety. Interior lighting is ornamental varying in height of 12-14.5 feet along walkways. There will be an energy management system to be in place to shut down lights within one hour of store closing.
Landscaping: The plan calls for 135 canopy trees (red maples, red oaks), 73 ornamental trees (flowering dogwoods, pears), 63 evergreen (6-8 feet in height), 262 ornamental shrubs, and 1844 perennials. The plan also calls for extensive landscaping in the detention area.
Scott Hesketh, traffic engineer of F.A. Hesketh and Associates spoke of his report. Studies conducted on Route 1 and Route 166 during heavy July summer traffic. It involved intersections of Rt. 1/Schoolhouse Road, Rt.1/Rt. 166, Rt.1/Chalker Beach Road, and I-95 north and south ramps. This study factored through 2008, considering one and one-half % growth.
Some of the changes to be made:
Traffic control added at Route 166 and I-95 North Bound ramp
Route 166 widened and re-striped
Intersection of Route 1 and Route 166, some minor widening and striping
Route 1 widened
Other widening and traffic control discussed. Copy of report has been sent to state traffic generator.
Patrick Moore, architect for the project stressed the plans try to incorporate a “Main Street—New England” charm. Some previously planned interior buildings have been placed forward onto Route 1 and Route 166. Base of buildings to use stone to tie into existing stone on property. Mr. Moore reviewed the elevation boards. Canopy along front with columns, the main building will have 2 entrances. Plaza area to be located between buildings. He presented the commission with sample board of materials indicating proposed masonry/stone, and paint colors.
R. Friedmann asked the commission for any questions/comments.
M. Fish questioned location of mechanicals. They will be located on the roof, but plans call for fake roof line to hide.
P. Stuart questioned “sea of parking” on Route 166 side. Applicant explained parking is not at grade level, large parking would not be easily seen. P. Stuart questioned the traffic level during
Old Saybrook Zoning Commission Meeting Minutes September 18, 2006
Peak hours, stating she believed it was a level F. Mr. Hesketh stated it was a level C or D, but plans were designing it as level D.
R. Friedmann question the Zoning Enforcement Officer as to if she felt due to the technical nature of this application if the commission would benefit from input from town engineer, Atty and traffic expert. Chris Costa agreed this would be beneficial.
MOTION to request a preliminary cost estimate for technical assistance from the town engineer, commission council and consulting traffic engineer because the commission finds that the nature and intensity of development may have significant impact on this site and its surrounding areas and that the town’s staff would not be able to complete a technical review of this application in the time period prescribed by state statue MADE by R. Friedmann; SECONDED: by M. Fish; DISCUSSION ON THE MOTION: C. Sohl suggested traffic analysis project past 2008. R. Friedmann gave a brief overview of Ordinance 71. VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Zoning Enforcement Officer Costa advised the commission that in anticipation of this action, has already contacted the above mentioned experts. The Commission agreed to have all these technical experts at the next regularly scheduled meeting.
R. Friedmann confirmed with Attorney Royston that the town engineer and Attorney Branse’s letters have been received. Attorney Royston stated he will respond and defers revisions on plans until after all remaining reports are received.
R. Friedmann made note of a recent application received across Route 1 from this site (Sal’s Pizza), and asked traffic engineer if this was factored into their study. Per Mr. Hesketh, it was not, but he does not see a significant impact on his report.
The Comments/reports received to date were reviewed including:
Crerpa, Town Planner from Westbrook, petition from Chalker Beach residents, report from Old Saybrook Town Planner, Mr. Ralph Gometz, confirmed 2nd page of Chalker Beach petition was received.
Attorney Royston informed the commission that he will provide an amended statement of use to our council prior to the next meeting.
R. Friedmann questioned definition of cupola, and where the roof ends and the cupola begins. He would like clear indication of 35 foot mark. The architect stated the cupolas would exceed over the 35 foot height.
W. Harris noted a labeling error on page A-2, with regard to South Elevation, E.
Alternate C. Sohl who is a regular member of the IWWC stated that although he voted against this petition, for Inland Wetlands reasons, he wanted it clear he has no preconceived notions on this application as a Zoning Representative.
Old Saybrook Zoning Commission Meeting Minutes September 18, 2006
R. Friedmann opened the hearing to the Public.
Dr. Cathryn Flanagan of 12 Spencer Plain Road stated she is in favor of the project. She does, however have concerns with egress with her patients onto Route 1. She made suggestion of easement access to perimeter road for her patients to use. She stated it would be definitely be a hardship to her practice if this was not granted.
Jean Castagno of 75 Fenwood Drive stated she is in favor of the application for jobs, and increased tax revenues.
James Snow of 1687 Boston Post Road (Aleia’s) is in favor of project, but cited traffic concerns, especially at intersection of Route 1 and Route 166, and especially on weekends that are already busy.
James Keating, Chairman of EDC, spoke of his approval of the project. Citing increased tax revenue, and overwhelming support from residents as shown at 2005 referendum.
Jane Stubenbord a resident of Summerwood Condos spoke for the condo association against the project. Association requested Ct. Property Engineer Study, which was submitted to ZEO at 9/18/06 meeting. Traffic impact and subsequent effect on emergency response time to residents.
Howard Holston of the EDC spoke in favor of the project.
Roberta Smith of 106 Chalker Beach Road spoke against the project. She has serious concerns with traffic and water drainage. Stated there is already flooding issues in the Chalker Beach neighborhood, and this would greatly increase with this development.
Chairman Friedmann and the Commission agreed to continue Public Hearing until the next regularly scheduled Zoning Commission Meeting on October 3, 2006, to be held at the Acton Public Library at 7:30 p.m.
B. Petition to Amend Zoning Regulations of the Town of Old Saybrook – Section 64,
Signs
Petitioner: Max’s Place, LLC Agent: Attorney David M. Royston
Attorney Royston explained they are looking for an amendment to Section 64, concerning signs, especially entrance signage. Attorney Royston met with the Land Use staff including Chris Costa and Attorney Mark Branse. The Land Use Department suggested reformatting section 64 in a more understandable say, some of which may not effect Max’s Place.
Attorney Royston noted the Petition for Change in Zoning Regulation-signs only, amended 9/6/2006.
A brief summary of proposed amendments to zoning sign regulations include:
Internal Illumination: adding section to permit internally illuminated signs, only in permitted districts, subject to ZC review.
Indoor Signs: Current Regulations include indoor signs as part of calculation of wall signs. This regulation would limit indoor signage to 50% of wall signage. The applicant would leave actual percentage to the ZC discretion.
Ground Signs: Amendment would allow 50 feet sign area and a maximum of 20 feet, only if
Old Saybrook Zoning Commission Meeting Minutes September 18, 2006
Sign is located more than 25 feet from street line. If sign is located between 10 and 25 feet from the street line, area reduced to 35 square feet, and height to 15 feet.
Add Ground Signs: Current regulations only allow 1 ground sign on any lot in B-2 and B-4 Districts. Amended regulation would allow additional signs on a lot with 2 or more vehicular entrances and least 1,000 feet apart.
Wall Signs: Amended regulation would allow single use building to have a sign on each entrance, as long as each entrance is more than 100 feet apart.
Attorney Royston submitted a memo to the Zoning Commission dated 9/18/06 summarizing the changes.
Chairman R. Friedmann and the Commission agreed to continue Public Hearing to the next regularly scheduled Zoning Commission meeting to be held on Tuesday, October 3, 2006 at the Acton Public Library at 7:30 p.m. Chairman Friedmann requested the commission to review local signage and how these new regulations would affect the town, prior to the next meeting. (Staples, Walmart, CVS).
VII. NEW BUSINESS
A. Site Plan Review Application – CZC# 06-216
Coastal Site Plan Review Application
Parking lot renovation/façade renovation – Main Street, Map 37/Lot 133, B-1 District
Applicant: BF, LLC Agent: Attorney David Royston
Attorney Royston, and Mr. Brophy, the applicant were present. This is in reference to the Rochette property. Plan calls to “square off” the property. It consists of a renovation of the building by addition of 1161 sf to the north side, and reduction of an equal amount on existing building. Impervious surfaces will be reduced.
This will improve the look in rear of building. There will be no change to uses.
Plans include a sidewalk landscaping.
Attorney Royston discussed whether an island was necessary in the new parking lot. It was agreed by the Commission that no island was required in the new parking lot.
MOTION to approve the SITE PLAN/ COASTAL SITE PLAN REVIEW for Main Street, Map 37/Lot 133, B-1 District; Parking lot renovation/façade renovation. That the project be approved with the condition that applicant provide a revised landscaping plan to be approved by the Zoning Enforcement Officer. MADE by E. Steffen; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Old Saybrook Zoning Commission Meeting Minutes September 18, 2006
VIII. COMMITTEE REPRESENTATIVE & STAFF REPORTS:
Zoning Enforcement Officer Costa reported to the Commission on numerous zoning issues:
-Aquifer regulation: still in dispute with the DEP, in order to put in regulation.
-Carter settlement has been finalized.
-The Zeo’s appeal to ZBA regarding Fox Shed (Middletown Ave.) was upheld.
-Remax’s hot air balloon would be for science projects for school, not rides. Commission gave okay.
-Walmart: requested renewal for outdoor trailer/storage for holidays. Commission gave okay.
-Morrelli has requested 1year extension for storage in old lemon-tree building, commission agreed.
-Four Seasons: Pathway is constructed, but now there are puddle problems. ZEO had G. Jacobson out for review. Zoning Commission agreed that this is a maintenance issue, and our town engineer has inspected. Commission suggested that ZEO sign off on the pathway.
-ZBA has denied variance for Gagne, 11 Beach View Ave., stating that this is contractor’s error. Zoning Commission commended ZBA on their decision. New residence built 16 inches over 35 foot height restriction.
-5 Custom Drive, proposal for new furniture store. Ok for ZEO to handle administratively.
-Jack’s to hold October fest on or about the 3rd week of October, weekend of 10/21, to run Saturday and Sunday from 4-8 p.m. Confirm to be held consecutive days. Ok for ZEO to handle.
-“Sam’s” wall. Hearing continuing at DEP. Eric Knapp has been attending, and Chris Costa will be testifying this week.
- Guilford Savings Bank: proposed modification for landscaping plan, wanting to replace some trees. Commission no trees can be removed, but can switch out 3 trees (flex pines can be switched for another species). Must remain same height and 3” caliper. Drive thru trees must remain. Hawthorns closes to Orchard Street must remain.
Chairman Friedmann adjourned the meeting at 11:20 p.m.
Next regularly scheduled meeting to be held on Tuesday, October 3, 2006 at the Acton Public Library at 7:30 p.m.
Respectively submitted:
Maura Farbotka
Recording Clerk, Zoning Commission
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