I. CALL TO ORDER
Chairman Robert Friedmann called the regular meeting to order at 7:36 p.m at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension.
II. ROLL CALL
Attendant Members: Absent Members:
Robert Friedmann, Chairman Walter Harris, Secretary
Elizabeth Steffen, Vice Chairman
Madeleine Fish, Regular Member
Paula Stuart, Regular Member
Geraldine Lewis, Alternate Member
Charles Sohl, Alternate Member
Kathy Edgar, Alternate Member
Attendant Staff:
Christina Costa, Zoning Enforcement Officer
Christine Nelson, Town Planner
Marc Branse, Legal Counsel
Geoff Jacobson, Town Engineer
Kati Drzewianowski, Engineer with Jacobson & Assoc.
Bruce Hillson, Town Traffic Engineer
Maura Farbotka, Recording Clerk
Alternate Member Charles Sohl will be seated for Regular Member, Dr. W. Harris.
Old Saybrook Zoning Commission Meeting Minutes November 20, 2006
III. MINUTES
MOTION to approve the Minutes of November 13, 2006 as submitted MADE: by E. Steffen; SECONDED: by P. Stuart; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, , M. Fish, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED:5-0-0..
IV. CORRESPONDENCE:
R. Friedmann noted numerous letters received from Chalker Beach residents with regard to the SPECIAL EXCEPTION/COASTAL SITE PLAN REVIEW for Max’s Place, along with a notice of intervention from Mr. Ralph Gometz. All the above will be again mentioned when public hearing continues, and all correspondence will be entered into the exhibit list.
Tentative 2007 calendar distributed. Only conflict is Monday, April 2nd, 2007 which is the first night of Passover. Will check availability of meeting space, and will change regular zoning meeting to Tuesday, April 3, 2006.
MOTION to amend agenda, and add DISCUSSION, IVa, MADE: by E. Steffen; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, M. Fish, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
IVa DISCUSSION: Property of Herbert Clark, 523 Boston Post Road, (int. of BPR/Stage Rd).
Map 40/Lot 40.
Attorney John Bennet was present, representing the owners of the Clark Property. During construction of the road during the CVS project, the built road invaded the Clark property, greatly affecting the available parking. He presented the commission with plans trying to best resolve the parking issues. This would be done by CVS pulling the curb line, to achieve the parking. The new proposed parking spaces would be lined, and one could be set aside for handicap parking. The change in curb line would not affect width of lanes of the road. It is understood that this parking does not conform to engineering standards. It is a non-conforming site. Attorney Bennet was looking for input from the commission on proposal, in hopes of resolving issues soon. The commission thought this
best addressed present situation, and advised Mr. Bennet to make a site plan application.
V. PUBLIC HEARING
A. SPECIAL EXCEPTION USE APPLICATION/COASTAL SITE PLAN REVIEW
GATEWAY CONSERVATION ZONE (Cont’d).
Residential additions – 1,609 S.F., 94 River St. Map 49/Lot 17, A District –CZC #06-
242, Applicants: Andy and Phyllis Gregor Agent: Stephen Lloyd
Edward Cassella, Attorney for the applicants, and architect for the project, Stephen Lloyd were present. This is a proposed addition of 1,609 S.F., in the new Gateway Zone.
Old Saybrook Zoning Commission Meeting Minutes November 20, 2006
With the addition, the house would be over the 3,500 S.F., triggering the Special Exception. Attorney Cassella noted positive referrals from the both the Planning Commission and the Gateway Commission. The applicants obtained a variance from the Zoning Board of Appeals
( some of the addition falls within the 100 setback), under section 58.6. Per Atty Cassella, there were no stipulations on the variance. Zoning Enforcement Officer Chris Costa will check ZBA files. Architect Stephen Lloyd gave a review of the project to the commission. He noted that all trees are remaining on the property. There are no existing trees being taken down. The plan is for gray Nantucket shingles replacing the existing siding. There is no bright white trim on house, only natural wood colors used in an attempt to have the property settle into the landscape. The structure will be recessed to adhere to the height restrictions. Mr. Lloyd provided the commission with numerous photos of the plans. Discussion was held about measurement of height.
P. Stuart questioned if addition would block any neighbors views. None noted. Attorney M. Branse suggested possible notation on zoning permit, making it a condition that future and current owners will continue to maintain, and will not remove the existing trees. Commission/Zoning Enforcement Officer will follow up on ZBA variances obtained. Discussion with Commission and Attorney Branse, about closing public hearing. Some Commission members would like further time to review application. Chairman Friedmann opened Hearing to the Public; no comments. No further comments from the commission at this time; deliberations and consideration of application will be postponed to next regularly scheduled Zoning Commission Meeting.
MOTION to close public hearing MADE by E. Steffen; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, M. Fish, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. SPECIAL EXCEPTION USE APPLICATION – CZC #06-204
63,400 S.F. one-story Big Y grocery store; six additional one-story retail buildings consis-
ting of a total of 72,500 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 David Royston, Attorney for the applicant was present. Advised commission that revised site plan, dated 11/17/06 submitted to commission at the Public Hearing incorporates comments and recommendations from staff and consultants. Specifically, the recent memos from W. Goodfriend, and Traffic Engineer B. Hillson will be addressed tonight. David Ziaks will review, along with Architect, Patrick Moore, and Scott Hesketh, Traffic Engineer.
Attorney Royston requested all correspondence previously mentioned that has been received regarding this project be included into the Public Hearing Exhibit List. Noted another letter received that evening from residents of Summerwood Condo Association.
Attorney Royston discussed the comments included in the correspondence received. They mentioned the “magnitude” of the proposed project, and the resulting traffic and drainage issues.
Old Saybrook Zoning Commission Meeting Minutes November 20, 2006
Attorney Royston pointed out again that this applicant has responded affirmatively to all suggestions made by Commissions and Experts. He stated the application has addressed all storm water and traffic issues.
Attorney Royston noted the intervention received from R. Gometz.
David Ziaks gave review of the 11/17/06 revised site plan submitted. Plans included storm water analysis. Implementation of low impact design, Rain Garden technology and Detention ponds. Mr. Ziaks discussed his 11/20/06 meeting with the DEP.
Mr. Ziaks discussed all the comments and recommendations made by Wendy Goodfriend of he Connecticut River Conservation District, (#s 1-12). Attorney M Branse confirmed with Mr. Ziaks that the applicant accepts all of Ms. Goodfriend’s suggestions.
G. Jacobson’s 11/20/06 report was reviewed, and all comments addressed, some including:
#9: Applicant still awaiting Fire Marshalls final comments. Will respond to any further suggestions.
#11: Discussion was held at length concerning the use of bollards. Big Y has never used in any of their other stores, without incident. E. Steffen raised concern. R. Friedmann noted 3 separate accidents which occurred. M. Branse questioned why applicant is against use of bollards. Suggested using granite –lighted bollards, or concrete planters. Mr. Ziaks stated he would leave this part open for further discussion/suggestions from the commission.
#14: noted lighting plans submitted today.
#18: applicant will adjust rain garden.
David Ziaks discussed run off volumes. Wanted to reiterate rain gardens are not factored into model. Proposed plans would maintain the rate of flow to the current conditions. Noted applicant has modeled the entire Chalker Beach watershed, not just the proposed site.
P. Stuart noted two points in Mr. Gometz’s intervention, including application with Army Corps of Engineer, and amount of Impervious surfaces.
Scott Hesketh, Traffic Engineer of F.A. Hesketh, noted discussions continued with B. Hillson, engineer of Traffic Engineering Solutions. Proposed use of internal clearance intervals. This signalization to be located both at Center Road and Chalker Beach Road, would operated as a single traffic control. Suggested to include this analysis to the DOT with the request for signalization.
Noted no lane/road changes at the intersection of Route 166 and Route 1, only timing changes.
Attorney Royston stated for the record that per the statement of use and the contract with the town, that the signal at Center Road and Route 1, if approved would be funded entirely by the applicant.
Patrick Moore, architect for the project submitted drawings showing modifications to the height. Building elevations have been adjusted and are indicated on the submitted drawings, for each building, (mostly affecting Big Y building). Almost 6 feet was removed from original plans. Made a more prominent entrance where main sign will be located.
Atty M. Branse questioned if reduction in height would make utilities visible. Per Mr. Moore, all will be screened.
Old Saybrook Zoning Commission Meeting Minutes November 20, 2006
E. Steffen questioned number of signs still located on plans for Borders building. Per Attorney Royston, the applicant had hoped to go to ARB, after the petition to amend sign regulations was denied. Understands that only those signs that conform to the regulations would be approved.
Peter Thomas, Vice President of Real Estate and Development of Big Y addressed the commission. He explained there are 20 stores with curb less ramps/entrances, and there have been no problems. They have experienced more issues with curbs with customers/children twisting ankles, tripping, etc. Feels bollards may cause problem for emergency vehicles, or closeness of bollards may cause problems. Feels it is a disservice to the architectural plans. Stated lit granite bollards, would not protect, and that bollards in general have more negatives than positives.
Noted there is no refrigeration located on roofs. All are inside building. Only air-conditioning/heating located on roofs. Mr. Thomas noted over the past 2 ½ years, the applicant
has taken every consideration to make it the best possible project.
Bruce Hillson discussed his 11/20 memo based on Mr. Hesketh’s 11/16 report. He is in agreement with the latest response. He wanted to specifically note his summary which in part states that if the State Traffic Commission denies the signalization at Route 1 and Center Road intersection, additional improvements may be required to address the added impact. (Both at CR/Route 1intersection, and Spencer Plains Road/Route 1 intersection). He stated if improvements are required, their impact is not known.
Chairman Friedmann opened the hearing to the public.
The following people spoke in favor of the project:
-Jean Castagno of 75 Fenwood Drive. Added jobs, and tax revenue. Feels traffic is issue only 3 months of year. Mentioned W. Haven tidal gate implemented.
-Donald Brooks of 7 Birch Street. Stated entire town would benefit from project. Competition to Stop and Shop, addition to grand list, approval by IWWC and ARB was discussed. Wanted by town as per referendum. Developer has done everything to work with town.
- Anthony Fazzone, representing Matt Rubin. Read letter, submitted to exhibit, stating Mr. Rubin’s approval of project. Mr. Rubin hired planner and engineer to revise plans making utilizing use of CRW.
-Brian Miller, planner, hired by Mr. Rubin discussed advantage of using CRW, to provide alternate routes out to SPR. Report submitted for exhibit.
-David Spear, engineer of DLS consulting, also hired by Mr. Rubin presented the commission with plans on how to incorporate use of CRW. Report submitted for exhibit.
-G. Crute. Again addressed commission on his approval of the project. Feels all drainage issues have been addressed. Traffic is expected, does not agree with traffic concerns. Mentioned his support, and the support of other Chalker Beach residents (Petition).
Old Saybrook Zoning Commission Meeting Minutes November 20, 2006
The following people spoke against the project:
-Dr. C. Flanagan of 12 Spencer Plains Road. Infrastructure does not support project of this magnitude. Stated request for easement for safe egress does not provide functional access.
-Sherri Connors of 34 Soundview Avenue noted year round traffic and flooding issues.
-Ed Gardiner of 77 Chalker Beach Road. Traffic and runoff/drainage concerns.
-Heidi Dunn spoke in favor of bollards for safety reasons. Traffic large concern. Submitted for exhibit picture showing flooding, after a normal rain storm.
-Gloria Griffeth stated she is not opposed to project, only location.
-Marshall S. of 98 Chalker Beach Road reiterated traffic and drainage concerns, and size and scope of project.
-Steve Armentano against project because of traffic and flooding. Already high water table. Negative outweighs positive.
-Gloria Lundon of 16 Aladdin Avenue. Flooding and mosquito concerns.
-Peter Allam of 51 Beach Road West. Traffic and flooding concerns. Suggestions of conditions on water system, if it failed. Concerned with pollution due to run off.
-Jane Stubenbord, of Summerwood Condo Association. Letter signed by 14 residents against project. Traffic due to only 2 lanes on Route 1. Tractor Trailer traffic, and their frequency of deliveries. Concerned with pollution and character of neighborhood.
-Regina Bonney of 126 Sandy Point Road. Concerned with traffic/flooding. Raised questions over quarterly inspection.
Joan L., a Chalker Beach resident major concern is with stagnate water. Already a major issue.
Already a public health issue with mosquito issues.
-Anne Williams of 90 Chalker Beach Road raised water concerns.
-Roberta Smith of Chalker Beach Road read a statement to the commission with her major concerns. Addressed dangerous conditions water problems already cause. Quoted articles from Sound Health, 2006 and the Hartford Courant. Major traffic concerns, including emergency vehicle access. Mrs. Smith submitted her statement, 3 photos, and a letter from the Chalker Beach Improvement Assoc (with signatures) to the exhibit list.
Attorney Royston addressed the commission with his response. Stated easement @ Dr. Flannigan’s property can be accessed.
Stated project that is planned is best for area, instead of property being developed individually. Drainage system takes care of the water the project is generating.
David Ziaks individually addressed the comments from Mr. Ralph Gometz’s Notice of Intervention, numbers 1-9.
Attorney Mark Branse questioned G. Jacobson, and confirmed that he feels all storm water quality guidelines have been met.
Mr Ziaks further stated that all proper steps have been done to monitor ground water. The initial test pits, and all further studies are now at the DEP for their review. The DEP is fully in control to further insure that systems will function properly by inspections.
Old Saybrook Zoning Commission Meeting Minutes November 20, 2006
MOTION to close public hearing: SPECIAL EXCEPTION USE APPLICATION - CZC #06-204, Applicant Max’s Place; MADE by M. Fish; SECONDED: by E. Steffen; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, M. Fish, P. Stuart, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI. NEW BUSINESS:
MUNICIPAL COASTAL SITE PLAN REVIEW APPLICATION:
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 District.
Applicant: Max’s Place, LLC Agent: Attorney David Royston
This CAM application involves a portion of lot 6-16, partially located within the CAM zone, triggered by a special exception application.
Noted by Attorney Royston and the commission that the CAM should run in line with the decision on the special exception.
VII. COMMITTEE REPRESENTATIVE & STAFF REPORTS:
Zoning Enforcement Officer Costa discussed several zoning matters.
-Attorney C. Burnham has client interested in selling prepared meals as a retail business not in conjunction with a restaurant use. The Commission concurred that the proposed operation is for take out food and is not allowed since take out is an accessory to restaurant use.
-O.S. Board of Education would like an additional shed on municipal property. Commission stated shed is not permitted in landscape island. It would be allowed adjacent to the existing Park and Rec Shed, near track.
-Guilford Savings Bank. A portion of approved landscaping is proposed on an easement area which allows Denvir tire to store/drive motor vehicles. Landscaping on this easement would create a constant maintenance issue for Guilford Savings Bank since Denvir has the right to park/drive over that lawn area The result of the vehicle traffic/storage will cause damage to the grassed area creating a potential for mud puddles and unsightly conditions. The Zoning Commission has permitted C. Costa to handle to modifications administratively, since removing a portion of the landscaping in the easement area would not violate any zoning regulations since the landscaping was originally proposed at 39% of the area of the lot (15% required by regulations). Ms. Costa also informed the Commission that a proposed
tree along the BPR/ adjacent to Denvir Tire should be relocated since it will be planted immediately adjacent to a gas line, causing probable future problems due to root growth. The ZC allowed C.Costa to administratively handle the relocation of the tree further away from the gas line.
VIII. ADJOURNMENT:
Chairman Friedmann adjourned the meeting at 11:22 p.m. until the next regularly scheduled meeting to be held Monday, December 4, 2006 at 7:30 p.m. at the Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension.
Respectively submitted:
Maura Farbotka
Recording Clerk
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