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, October 3, 2006 at 7:00 p.m.
Acton Public Library
60 Old Boston Post Road
I. CALL TO ORDER
Vice Chairman Steffen called the meeting to order at 7:04 p.m.
II. ROLL CALL
Attendant Members: Absent Members:
Robert Friedmann, Chairman Geraldine Lewis, Alternate Member
Elizabeth Steffen, Vice Chairman
Walter Harris, Secretary
Madeleine Fish, Regular Member
Paula Stuart, Regular Member
Charles Sohl, Alternate Member
Kathy Edgar, Alternate Member
Attendant Staff:
Christina Costa, Zoning Enforcement Officer
Eric Knapp, Legal Counsel
Maura Farbotka, Recording Clerk
Kathy Edgar arrived at 7:08 p.m.
Alternate Member C. Sohl will be seated for Chairman Friedmann
III. MINUTES
MOTION to approve the September 18, 2006 minutes as submitted MADE: by E. Steffen; SECONDED: by P. Stuart; no discussion on the motion; VOTING IN FAVOR: E. Steffen, W. Harris, M. Fish, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED:
5-0-0.
Old Saybrook Zoning Commission Meeting Minutes October 3, 2006
IV. CORRESPONDENCE
MOTION to pay Branse and Willis invoice #13254 for $1551.50 MADE: by E. Steffen; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: E. Steffen, W. Harris, M. Fish, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED:
5-0-0.
V. SIGN APPLICATIONS:
A. LIBERTY BANK FOR SAVINGS-- 315 Main Street, Map 37/Lot 58,59
Central Business B-1 District Agent: Richard Rizzo
This is an application for internal illumination for the sign itself. It was previously approved by the ARB. This is a 24 hour banking center (ATM). Commission raised several questions with regard to the application. There was no representation for the applicant.
MOTION to continue SIGN APPLICATION to the next meeting on October 16, 2006 so that a representative from Liberty Bank can answer questions for the commission MADE: by M. Fish; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: E. Steffen, W. Harris, M. Fish, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. NEW ENGLAND POWER EQUIPMENT – 400 Boston Post Road., Map 42/Lot 15
Gateway Business B-4 District Applicant/Agent: Stacey Richards, Saxton Sign Corp.
Mr. Pat Boni from Saxton Sign Corp was present for the applicant. He explained this is a double pole John Deere sign, 15 feet high. This has been approved by the ARB, with the recommendation to plant ornamental grass and day lilies at the base of the sign.
MOTION to approve the SIGN APPLICATION for New England Power Equipment; 400 Boston Post Road, Map 42/Lot 15, Gateway Business B-4 District, with the condition 1. The light be shut off one hour after store closing, and 2. ARB recommended landscaping plan be used under the sign MADE by E. Steffen; SECONDED: by P. Stuart, no discussion on the motion; VOTING IN FAVOR: E. Steffen, W. Harris, M. Fish, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI. SITE PLAN REVIEW APPLICATION/COASTAL SITE PLAN REVIEW
APPLICATION: Modification to approved Site Plan Review Application – CZC #06-243
The Children’s Tree Montessori School, 96 Essex Road, Map 59/Lot 5-1
Shopping Center B-2 District
Applicant: Marci Martindale Agent: Joe Wren, P.E.
Old Saybrook Zoning Commission Meeting Minutes October 3, 2006
Joe Wren, Engineer, and the Applicant Marci Martindale were present.
Mr. Wren gave an updated description of the property. This was a 2003 site plan, previously approved for office/retail. Now looking for a change in use for a Montessori School.
Mr. Wren explained this is a new site plan which includes modifications based on recommendations from the Building Department, Health Department and ARB.
The septic has been redesigned and enlarged, and the parking lot modified. The parking lot will be reduced to 20 spaces, and one handicap space.
The Montessori School is state licensed. There will be approximately 90 students enrolled, with 10 teachers, and 4 classrooms.
There is staggered drop off and pick up times for the different ages to help with traffic.
ARB approved the sign, with recommendations of adding the address to the sign, and gooseneck lighting.
Mr. Wren reviewed the landscaping plan and the outdoor play area.
R. Friedmann arrived at 7:25 p.m.
C. Sohl will step down
Dumpster will be enclosed with a fence. Arbor vide to be planted to block the neighboring hotel.
E. Steffen reviewed recommendations made by the building dept.
After Zoning Commission approval, applicant needs to obtain State approval.
The Commission is still awaiting reports from the Town Engineer and the Traffic Officer.
Fire Marshall report received 10/3/06. States concerns with regard to fire lane.
E. Steffen questioned distance between site and nearby Vinnie’s Restaurant, and/or the Comfort Inn bar.
Zoning Enforcement Officer Costa and Mr. Wren will check measurements on 10/4/06.
Suggested to continue to next meeting on 10/16/06.
Discussion held at length with commission and applicant. Applicant upset with any further delay because of money spent to date on application, and tuition money lost because of late opening.
Zoning Enforcement Officer Costa stated previous application was withdrawn and reiterated all reports must be received before final decision is made on application.
MOTION to continue SITE PLAN REVIEW APPLICATION/COASTAL SITE PLAN REVIEW APPLICATION to the next regularly scheduled zoning meeting on 10/16/06 MADE by E. Steffen; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Vice Chairman E. Steffen stepped down as acting Chair
R. Friedmann opened public hearing at 8:00 p.m.
Old Saybrook Zoning Commission Meeting Minutes October 3, 2006
VII. PUBLIC HEARINGS (Cont’d.).
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
Applicant: Max’s Place Agent: Attorney David Royston
Attorney Royston submitted for exhibit/record a memo to the Zoning Commission from First Selectman Michael pace, dated 10/3/06. This memo confirms that Max’s Place, LLC is authorized to include that portion of Center Road West in the application (per 4/14/05 Town referendum).
Also included in First Selectman’s Memo:
-Call of Special Meeting
-Minutes of Meeting
This allows the applicant to use lot 6-16 as a detention facility. This will serve as drainage from this site, and other areas of CRW and also act as a further anti-flooding method.
Attorney Royston submitted for exhibit:
-“Draft Copy Road Deed/Max’s Place, LLC”, Warranty Deed.
- An amended Statement of Use, dated 10/3/06. This specifies that lot 16 is no longer a lot for building purposes.
Attorney Royston discussed the project with respect to phasing.
Phase One: Would include construction of Big Y, entry roads to the entire site, and to CRW. It would also include construction of the entire infrastructure. During this phase other buildings may or may not be built.
Phase Two: Consists of the construction of the remaining buildings.
Attorney Royston addressed the concerns from the Planning, Zoning and ARB Commissions with regard to the Phase II buildings, if they are not constructed. Attorney Royston stated there will be no removal of trees/natural vegetation on Boston Post Road or Spencer Plains Road until the buildings are built. If rear buildings are built, street side buildings must be constructed at the same time.
Attorney Royston submitted for exhibit a memo dated 10/3/06. He noted all site plan changes are being deferred until the remaining outstanding reports are received. Zoning Officer Chris Costa informed she has requested all outstanding reports be completed and returned in as timely manner as possible.
Attorney Royston reviewed the memo with the commission. He noted the detention basin is not used in any calculations for landscaping or other plans.
-A site plan for monument signs was submitted. These plans included elevations of ground signs, at Spencer Plains Road and Boston Post Road.
Attorney Royston stated they have met with both the Fire Marshall and the Fire Chief. The site plan changes will incorporate their recommendations.
Old Saybrook Zoning Commission Meeting Minutes October 3, 2006
David Ziaks, site plan engineer of F.A. Hesketh addressed the commission. He submitted for exhibit a letter dated 10/2/06, with an amended MA-1 sheet.
He reiterated Lot 16, or any Inland Wetlands have not been considered in calculations.
R. Friedmann asked the commission for any questions/comments.
W. Harris confirmed with the applicant that both access roads would be constructed at the same time
P. Stuart raised concerns over completion of Phase II.
Discussion was held at length with regard to Phase I and II and the time periods allowed for construction.
Per Zoning Officer, after a permit is filed, the applicant has 2 years to commence construction
(for Special Exception), with completion within 5 years.
Commission noted that Phase II would better serve the recently adopted regulations and the Pedestrian Node; (per Boston Post Road study).
R. Friedmann discussed the “sea of asphalt”. It was noted parking lot is not visible along all of Spencer Plains Road, due to the slope of Road. Attorney Royston strongly emphasized economic importance of Big Y being built first.
W. Harris spoke in favor of the plans, and building Phase I first. He added it would benefit to town to have a stable/active business.
R. Friedmann discussed the definition of cupolas/towers and questioned the applicant with regard to height, and the 35 foot mark.
Attorney Royston stated applicant will respond, but insured the commission they will comply with all height requirements.
R. Friedmann questioned the applicant about the use of the detention basin, and how could that be a lot’s sole use. Per Attorney Royston, this is not a build able lot, there is no principle use.
Chairman Friedmann questioned the applicant as to the amount of fill being brought into the site. Applicant will provide the amount to the commission.
Confirmed by applicant that they are not using the proposed cul-de-sac for large trucks.
Discussion was held with regard to landscaping. R. Friedmann asked about caliper of ornamental and pine trees. Concerns raised with regard to number of parking spaces before a landscape island. The applicant will clarify all spaces and landscaping islands.
E. Steffen raised concern with number of van access handicap spaces. Applicant stated these are included in Big Y parking lot; they will clarify all spaces.
E. Steffen raised concern with number of loading areas. Plans only include 5. The applicant agreed loading spaces would be included at the smaller stores.
Chairman Friedmann opened the hearing to the public at 9:13.
-Earl Greenhoe, owner of business at end of CRW is in favor of project, but raised concerns about access/turning of trucks at end. Applicant explained location and exit/entrance of trucks. Mr. Greenhoe submitted copy of OS regulations (section 8.23), along with several pictures.
Old Saybrook Zoning Commission Meeting Minutes October 3, 2006
-George Crup of Chalker Beach Road questioned if all drainage issues will be completed in Phase I. Applicant confirmed.
-Raymond Brouchard of Bayview Road spoke in favor of the project, stating it is a strong asset to Old Saybrook.
-Donald Brooks of 7 Brooks Street spoke in favor of the project, stating the developer has done everything the town has requested to make this plan work.
MOTION to continue Public Hearing; 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; Applicant: Max’s Place, LLC. To the next regular scheduled Zoning Commission meeting on 10/16/06 MADE: by E. Steffen; SECONDED: by M. Fish; 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.
B. Petition to Amend Zoning Regulations of the Town of Old Saybrook-Section 64, Signs;
Petitioner: Max’s Place, LLC Agent: Attorney David Royston
Attorney Royston submitted for Exhibit an amended Petition for Changes in Zoning Regulations- Signs only, dated 10/2/06, and gave a brief review of the changes. He discussed removal of Internal signs as per ARB recommendation.
Discussion was held at length with Attorney Royston and the Commission with regard to the number of sign violations and A-frames.
The Commission raised several questions with regard to curb cuts and ground signage. The applicant confirmed that one vehicular entrance is determined as primary, and all other entrances are secondary. Ground signage allowed at each vehicular entranceway, all long as curb cut is more than 1000 feet apart.
M. Fish left the meeting at 9:45 p.m.
R. Friedmann raised concerns about signage regarding this property and possible future signage of properties located at intersections of State Routes.
It was noted the Planning Commission has not yet submitted a report.
Old Saybrook Zoning Commission Meeting Minutes October 3, 2006
MOTION to continue Public Hearing; Petition to Amend Zoning Regulations of the Town of Old Saybrook- Section 64, Signs; Petitioner, Max’s Place, LLC; to the next regularly scheduled Zoning Commission meeting on 10/16/06; MADE: by E. Steffen; SECONDED: by P. Stuart; no
Discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VIII. COMMITTEE REPRESENTATIVE AND STAFF REPORTS
Zoning Officer Costa updated the Commission on numerous zoning issues:
--Preliminary conventional subdivision plan, Map 61/Lot 13, Bokum Road. This is an open space subdivision under 25 acres. More than 50% open space being given to town. This is going to the Planning Commission on 10/4/06, and the Commission would like any comments or concerns from Zoning. Per R. Friedmann no concerns or comments on this plan at this time.. C.Sohl stated this plan was recently approved by IWWC.
--Four Seasons: Chris Costa met with project developer, Jim Pendry at the site on Monday, in an attempt to close out some final outstanding issues:
Planting of trees (sweet gums or pin oaks)
Moving the Gazebo to the original location
Puddles on walkway
Chris will continue to handle administratively.
--The former emission station: Applicant looking to turn into a “drive-thru” building materials building, for lumber and other supplies. Chris will confirm it is an allowed use, and will handle administratively.
--Sam’s Wall: Per Attorney Eric Knapp, hearings are continuing on this. He and Chris Costa gave an updated status to the commission.
Chairman Friedmann adjourned the meeting at 10:15 p.m. Next regularly scheduled meeting to be held on Monday, October 16, 2006 at 7:00 p.m, at the Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension.
Respectively submitted,
Maura Farbotka, Recording Clerk
| 
