I. CALL TO ORDER
Chairman Robert Friedmann called the regular meeting to order at 7:03 p.m at the Acton Public Library, 60 Old Boston Post Rd.
II. ROLL CALL
Attendant Members: Absent Members:
Robert Friedmann, Chairman Geraldine Lewis, Alternate Member
Elizabeth Steffen, Vice Chairman Kathy Edgar, Alternate Member
Walter Harris, Secretary
Madeleine Fish, Regular Member
Paula Stuart, Regular Member
Charles Sohl, Alternate Member
Attendant Staff:
Christina Costa, Zoning Enforcement Officer
Eric Knapp, Legal Counsel
Maura Farbotka, Recording Clerk
III. MINUTES
MOTION to approve the Minutes of October 16, 2006 as submitted MADE E. Steffen:, SECONDED: by P. Stuart; 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.
IV. CORRESPONDENCE:
MOTION to pay Branse and Willis: invoice #13836 for $333.50, #13839 for $87.00, #13848 for $188.50, #13849 for 362.50, and #13850for $101.50, for a total of $1,073.00; MADE by E. Steffen; SECONDED: by P. Stuart; 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 November 6, 2006
MOTION to pay Nathan Jacobson and Associates, Inc. invoice #9967 in the amount of $111.69 MADE by E. Steffen; SECONDED: by P. Stuart; 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.
V. REQUESTS FOR RETURN OF BONDS:
A. No. Cove Crossing, LLC, end of Coulter Street, Map 49/Lot 12, 12-1
Original SE/SC Landscaping bond: $40,000; $20,000 + interest returned 6/16/06
$20,000 remains
Commission confirmed with ZEO Costa that property is in compliance to date.
MOTION to Return SE/SC/Landscaping Bond in the amount of $20,000 to No. Cove Crossing, LLC, end of Coulter Street, Map 49/Lot 12, 12-1; 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
B. Four Seasons, (16) 2-BR condominium units in three buildings, 1700 Boston Post Rd.,
Map 25/Lot 1 –CZC # 02-193
$25,000 Landscaping and $4,000 SE/SC – submitted 2/10/03 TOTAL: $29,000
Commission questioned ZEO Costa as to if the property is in compliance to date. Ms. Costa explained there have been some deviations to the original plans, but the property is in compliance. She visited the property again on 11/06/06, and noted the gazebo has been relocated, and is approximately 20 feet off from the original plan. It was noted that letters have been received from Four Seasons residents, Mr. and Mrs. Sal Perrucchio, and from the Condo Association.
Drainage issues on the walking path have been addressed, along with new plantings of trees that had died.
Commission and ZEO confirmed that although the gazebo location is not on proposed footprints, it is well within setbacks.
MOTION to Return Landscaping and SE/SC Bonds in the amount of $29,000 to Four Seasons, 1700 Boston Post Road, Map 25/Lot 1 – CZC #02-193 MADE: by E. Steffen; SECONDED: by W. Harris; Discussion was held with commission questioning holding bond again for another year growth. Per Attorney Knapp, bonds are not intended to hold on indefinitely. The bond has done what it is supposed to. It is not the Zoning Commission job to continue to monitor at this time; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish; OPPOSED: P. Stuart; ABSTAINING: none; APPROVED: 4-1-0.
Old Saybrook Zoning Commission Meeting Minutes November 6, 2006
VI. OLD BUSINESS:
PETITION TO AMEND ZONING REGULATIONS – Section 64 – Signs
Petitioner: Max’s Place, LLC Agent: Attorney David Royston
Discussion was held at length by the Commission, reviewing the petition. Commission discussed several concerns. This amendment change would impact all of the business districts, and would allow for more pylon signs where there are multiple exits separated by 1,000 feet. It would also give a bonus with regard to size of a sign or signs according to the total linear frontage along state routes.
MOTION to deny the Petition to Amend Zoning Regulations – Section 64-Signs, Petitioner: Max;s Place; MADE: by P. Stuart; SECONDED: by M. Fish; Discussion on the motion:
Commission stated this would increase the total square footage of signage in town, and this is not the direction the comprehensive plan of development and the plan of conservation and development wishes to go, particularly concerning the increase in the number of pylon signs; VOTING IN FAVOR: R. Friedmann, E. Steffen, M. Fish, P. Stuart; OPPOSED: W. Harris; ABSTAINING: none; APPROVED: 4-1-0.
7:20 p.m. Public Hearing cannot start until 8:00 p.m.
MOTION to amend agenda and move item IX (Committee and Staff Reports) to follow OLD BUSINESS, 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.
IX. COMMITTEE REPRESENTATIVE & STAFF REPORTS
-Anthology, LLC: Zoning Enforcement Officer Costa read letter of proposed statement of use for new business interested in selling eclectic art, historia and antiques. Would also have self service coffee and tea, and catered food. (no prep on site). Different events to be held, with some having wine served. Commission advised statement of use must be clarified. Food service and serving of alcohol must be removed from statement of use.
-Old Saybrook Convalescent Home: Applicant would like to build a 20x25 addition over driveway (at drop off location). Commission stated this could be handled administratively if all maximum coverage numbers are correct. There will be no new signage, and lighting will be shielded.
-Saybrook Point Inn: Applicant would like to add two balconies to 2 rooms on second floor. Commission raised concern that applicant is close to maximum coverage. If this addition stays below the maximum coverage allowed, the Zoning Enforcement Officer can handle administratively.
Old Saybrook Zoning Commission Meeting Minutes November 6, 2006
-Carisma Car Wash: Two cease and desist have been issued. (One still under appeal time). Property not in compliance. Failure to get special exception for auto sales. Also not allowed because of its proximity to a school. Attorney Knapp will continue to follow.
-Stark Properties: Attorney Knapp continues to follow. Original site plan has expired.
-Sams’s: DEP is now negotiating with the Sams. There is another meeting scheduled this Wednesday (11/08/06) at the DEP to review a proposed replacement to the Gabion wall. A “green” Gabion wall that is more bio friendly. Attorney Knapp will be present, and he will report his findings to the commission. He invited any available commission members to attend.
(Alternate Member C. Sohl arrived @ 7:41 p.m.)
Discussion of special meeting possibly to hold on Monday November 13, 2006, at the Town Hall, 302 Main Street at 7:30 p.m.
VIII. PUBLIC HEARING:
A. SPECIAL EXCEPTION USE APPLICATION – CZC #06-204
63,400 S.F. one-story Big Y grocery store; six additional one-story retail buildings
consisting of a total of 75,500 S.F. – Boston Post Road/Spencer Plains 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 Agent: Attorney David Royston
Attorney Royston noted there was no formal presentation at the last meeting. Since that time all referrals have been received, and modifications have been made to the site plan incorporating recommendations.
He addressed the 11/03/06 Planning Commission report and noted the denial of the SPEX unless the applicant modifies the application per their recommendations.
Attorney Royston provided the commission with an amended statement of use dated 11/06/06, which addresses several concerns raised by the zoning and planning commissions.
-With regard to the Planning Commission’s recommendation on layout and phasing, Atty Royston noted the applicant has agreed to build the two front buildings, (on Spencer Plains Road), at the same time the Big Y is being built.
-A pedestrian and/or vehicular access/easement will be added to the plan, for use by the adjacent properties (Dunkin Donuts, Dr. Flanagan, and Smith’s Auto).
Attorney Royston discussed several changes made on the site plan, noting that the plan has been modified in specific response to the Yale Urban/Route 1 Study.
Attorney Royston presented the commission with a letter dated 11/06/06 requesting/consenting to an extension through the next regularly scheduled Zoning Commission meeting on 11/20/06.
Old Saybrook Zoning Commission Meeting Minutes November 6, 2006
David Zyaks of FA Hesketh reviewed his 10/03/06 report to the Planning and Zoning Commission, which addresses comments from Town Planner, Christine Nelson, and Zoning Enforcement Officer, Chris Costa. Some comments included:
-Addition of another pedestrian area (along Spencer Plains Road), with possibly a gazebo, and extension of a stone wall to ad to buffering.
-The visible trash receptacles have been fully screened in brick
- Vinyl fencing (6 feet in height) with additional landscaping on easterly boundary.
-Sealed loading dock with sealed dumpsters in back.
-Designating separate loading areas for smaller buildings
-Sal’s pizza added to plans
-Per recommendation of Deputy Tree Warden, the main driveway landscaping has been changed.
-Adding system to capture rain/roof water runoff to be used for irrigation.
-5 year bond for drainage improvements
-noted they cannot install bike paths along route 1; only sidewalks at this time.
-lighting plans still being amended
-no habitable floor space within cupolas
-shopping carriage/cart corrals will be included in plans
With regard to G. Jacobson’s comments:
-The final drainage calculation for site plans are still being completed
-Van spaces are better distributed
-A detectable warning strip will be installed (Ramp runs length of Big Y store)
-Bollards suggestion reviewed with Big Y. They are not used in other stores, and Big Y does not feel they are necessary
-Fire lanes being finalized
Regular Member, Madge Fish left the meeting at 9:00 p.m.
Patrick Moore, architect for the project discussed some changes.
-Commission questioned clarification on height measurements, noting they should be perimeter average from existing grade. Mr. Moore will provide correct heights.
-Question from commission as to number of feet between buildings. Mr. Moore is sure it exceeds the minimum of 20 feet, but he will confirm.
-plans will include proposed restrooms/stockrooms, and percentage of floor areas used
-Sheet A8 consists of a more detailed floor layout of departments and loading docks.
Attorney Royston stated that a Coastal Area Management application has been filed for lot 6-16, (at corner of CRW and CR)
Chairman Friedmann opened the hearing to the public at 9:10 p.m.
Old Saybrook Zoning Commission Meeting Minutes November 13, 2006
Brian Greenhoe: Owner of adjacent property on Center Road West. He is concerned with size and scope of project. Suggested keeping natural/existing tree buffer. Concerned about traffic.
Dr. Flanagan: Adjacent property owner of business on 12 Spencer Plains Road. Reiterated her request for a functional egress, as per her 10/23/06 letter.
Alternate C. Sohl stated his concerns with increased traffic in the area.
Per Attorney Royston, all traffic concerns will be addressed at the next meeting when both traffic consultants are present.
Chairman Friedmann stated he is in favor of the use of bollards.
MOTION to hold Special Meeting to continue Public Hearing on November 13, 2006 at 7:30 p.m. at the Town Hall, 302 Main Street MADE: by W. Harris; SECONDED: by C. Sohl; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, W. Harris, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 3-0-0.
Chairman Friedmann adjourned the meeting at 9:15, until the special meeting to be held at the Town Hall, 302 Main Street on November 13, 2006 at 7:30 p.m.
Respectively submitted:
Maura Farbotka
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