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TOWN OF OLD SAYBROOK Zoning Commission |
Executive Board Robert C. Friedmann, Chairman Elizabeth D. Steffen, Vice Chairman Walter D. Harris, Secretary |
302 Main Street Old Saybrook, Connecticut 06475-1741 Telephone (860) 395-3131 FAX (860) 395-3125
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Members Madeleine B. Fish Paula E. Stuart Alternate Members Geraldine M. Lewis Charles E. Sohl Kathy A. Edgar |
Wednesday, December 4, 2006 at 7:30 p.m.
I. CALL TO ORDER
The Chairman called the regular meeting to order at 7:32 p.m. at the Pasbeshauke Pavilion at
Saybrook Point Park, 155 College Street Extension.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman Kathy Edgar, Regular Member Elizabeth Steffen, Vice Chairman
Walter Harris, Secretary
Madeleine Fish, Regular Member
Paula Stuart, Regular Member
Geraldine Lewis, Alternate Member
Charles Sohl, Regular Member
Attendant Staff
Christina Costa, Enforcement Officer
Eric Knapp, Consulting Legal Counsel
Maura Farbotka, Recording Clerk
III. MINUTES
MOTION to approve the minutes of November 20, 2006, as submitted; MADE by M. Fish; SECONDED by E. Steffen. No discussion on the motion. VOTING IN FAVOR: R. Friedmann, E. Steffen, M. Fish, P. Stuart; OPPOSED: none; ABSTAINED: W. Harris; APPROVED: 4-0-1.
IV. CORRESPONDENCE
MOTION to pay Jacobson and Associates, Inc., invoice # 11872 in the amount of 192.66, 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.
Request for Release of Bonds:
Request to release remaining monies on bond for 39 Ragged Rock Road. Per Zoning Enforcement Officer, site is compliant.
MOTION to release remaining bond money in the amount of $6,000. to Ted Zito concerning property at 39 Ragged Rock Road, 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.
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V. REVIEW 2007 SCHEDULE OF MEETINGS FOR ACCEPTANCE
MOTION to accept the schedule of regular meeting dates for calendar year 2007, dated November 28, 2006; 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; ABSTAINED: none; APPROVED: 5-0-0.
VI. OLD BUSINESS:
A. DELIBERATION: SPECIAL EXCEPTION USE APPLICATION/
COASTAL SITE PLAN REVIEW – GATEWAY CONSERVATION ZONE
Residential additions – 1,609 S.F., 94 River St., Map 49/Lot 17, A District
Applicants: Andy & Phyllis Gregor Agent: Stephen Lloyd
Commission reviewed at length. Discussion held regarding plans; commission feels applicant has addressed all Gateway regulations. M. Fish, a member of the Gateway Committee commented how much thought and care went into plans, to insure the property blends with the landscaping. Said this was excellent example of what Gateway regulations are supposed to do.
R. Friedmann wants to be sure existing trees remain on property. (For this applicant, and and any future owners).
W. Harris advised the chairman he listened to the tapes from the 11/20/06 meeting, and has reviewed the entire file. He feels he is capable of voting on this application.
MOTION to approve SPECIAL EXCEPTION USE APPLICATION/COASTAL SITE PLAN REVIEW- GATEWAY CONSERVATION ZONE for residential additions – 1,609 S.F., at 94 River Street, Map 49/Lot 17, A District that it is consistent with all applicable coastal policies and is using all reasonable measures to mitigate adverse impact. Stipulation: applicant/new owner to follow minutes from Zoning Commission meeting of 11/20/06, page 3, which reads: “that future and current owners will continue to maintain, and will not remove the existing trees”. MADE: by E. Steffen; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedman, E. Steffen, W. Harris, M. Fish, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. 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 & Map 26/Lots 2, 6-10, 6-11, 6-12 & 6-16,
B-4 Zone
Applicant: Max’s Place, LLC Agent: Attorney David M. Royston
C. COASTAL SITE PLAN
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, Gateway Business B-4 District
Applicant: Max’s Place, LLC Agent: Attorney David M. Royston
Chairman Friedmann confirmed that all five regular members are up to date on all public hearings held, and all facts presented on this application.
The numerous referrals received were discussed, noting the only negative referral was from the Planning Commission.
-Due to a recent regulations change, a supermajority is not needed for this vote.
Chairman Friedmann question if the ARB has commented on the revised architectural plans.
Per, Chris Costa, they already approved the first plans, and the revised are similar, only small changes.
P. Stuart raised concern of monitoring the water table, and that this has never been done. Attorney Knapp explained that this is up to the State Health Department. The necessary regulatory agencies will determine and insure that all are adequate. No permit would be issued until the approval was given from the state.
P. Stuart questioned if environmental issues were addressed. Chris Costa read an e-mail received from Joan Hoezel, dated 11/20/06, that the application meets all DEP requirements, with the exception of activity south of Boston Post Road. If work was to be done there, including repairs of the gate, a permit would have to be obtained.
The CAM application will consider all other environmental issues.
P. Stuart talked about amount of fill being brought into site. It was noted our town engineer felt applicant’s plans were adequate.
P. Stuart wanted to consider the bypass road/ring road that was mentioned at the 11/20 Public Hearing. After a discussion was held, it was determined this was not a possibility, because of a deed restriction. Also the liner buildings, would prevent using a ring road. It was agreed the benefits of the liner buildings (tying into the Sidewalk Plan) outweighed the bypass road.
R. Friedmann noted the height adjustment/correction.
He will be checking all parking calculations, including number of spaces, handicap spaces, and adequate landscaping in parking area. The full size plans were requested for review for the next meeting.
E. Steffen questioned Atty Knapp on the difference in number of parking spaces on the Motions for Approval and Denial. Attorney Knapp noted the correct number of the spaces and square footage amounts is located on the Motion for Approval Draft. He will make all necessary corrections.
R. Friedmann noted this plan is not detrimental to the character of the town, or the Chalker Beach area. He stated the applicant has made every effort to make the plans compatible and architecturally attractive.
M. Fish noted many Chalker Beach residents have upgraded and made their homes bigger, which also is a contributing factor to extra run-off. (paved driveways, etc).
The commission feels the site is adequately screened from Spencer Plains Road. It was important to retain the existing stone walls and landscaping on the property, and add to them.
The Commission would like to see copies of the IWWC approval and permit.
The Commission discussed at length the different phases of the project.
Attorney Knapp advised the Commission they must make a determination on Mr. Gometzs
Notice of Intervention. The Commission must address his concerns raised.
It was suggested by the Commission that if the plan is approved, having a contact person to address issues upon commencement of the project.
W. Harris stated he believes all issues raised by the Intervention have been adequately addressed throughout out the public hearings, and the revised plans. P. Stuart disagrees, stating it contains all valid concerns, including water volumes and traffic. She feels the project is a massive impact on that area of town, and disagrees with the employment opportunities it would bring. E. Steffen noted concern of emergency vehicles getting through the area.
R. Friedmann noted storm water manuals are only guidelines, not regulations.
Attorney Knapp noted clarifying a couple of points:
-Town Planner’s report /does it indicate only right turn allowed onto BPR?
-Truck deliveries to be made before the hours of operation. Big Y would open at 6:00 a.m., would the commission agree to deliveries occurring before 8:00 a.m., (the same time the other retailers would get deliveries).
-Noise ordinance would be considered.
R. Friedmann urged the commission to closely review all the plans, and be ready to resume deliberations. Large plans and IWWC minutes and permit requested to review.
MOTION to continue deliberations on the SPECIAL EXCEPTION USE APPLICATION AND THE 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 until the next regularly scheduled meeting to be held on December 18, 2006 at 7:30 p.m. at the Pasbeshauke Pavilion, 155 College Street Extension, Saybrook Point Park 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
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MOTION to amend agenda and add DISCUSSION (Affordable housing/Attorney David Royston), after item VII; 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:
VII. NEW BUSINESS
A. SITE PLAN REVIEW: Modification to parking area
523 Boston Post Road, Map 40/Lot 40
Applicant: Herbert Clark III Agent: Attorney John Bennet
Attorney James Spallone, was present, substituting for Attorney John Bennet. This was previously discussed at the 11/20/06 Zoning Commission Meeting. This plan reconfigures the parking, a problem raised after the construction of the CVS building. The curb line along CVS will be moved up so that the road can remain at the appropriate width. The Clark property is a non-conforming site, its use or size is not changing. Mr. Clark agrees to the installation and use of manholes (as per the CT. River Area Health District Memo). The applicant hopes to be underway soon with the paving, however now the weather is a factor.
E. Steffen reiterated the Commission wanting one parking space to be set aside for handicap parking (as mentioned on 11/20/06). The handicap parking space was agreed upon at the meeting. The proposed parking space to be located immediately adjacent and parallel to the existing wood covered entrance and steps.
MOTION to approve the SITE PLAN REVIEW; Modifications to parking area, 523 Boston Post Road, Map 40/Lot 40; MADE: by M. Fish, SECONDED: by P. Stuart; DISCUSSION ON MOTION: R. Friedmann would like clarified that there will be no outdoor storage or display of goods on the site. VOTING IN FAVOR: R. Friedmann, E. Steffen, M. Fish, P. Stuart; OPPOSED: W. Harris; ABSTAINING: none; APPROVED: 4-1-0.
Attorney David Royston, representing the CVS facility would like it noted for the record that this modification is being made, and that the CVS plans will be revised accordingly.
DISCUSSION:
Attorney David Royston addressed the commission, stating he represents College Point, Inc., LLC. They are proposing an affordable housing application, in accordance with Ct. General Statue 8-30g, at 509 Main Street, formerly the J. Whittier Anderson building. Attorney Royston noted that the application, under the PRD, section 55 will meet all requirements of the PRD, with the exception of 6:
-Minimum Lot Size
-Setbacks will not be met, except for the 25foot front and side yard setbacks.
-Unit upon unit, only allowed in historic building. Question if house is deemed historic.
-2 bedroom unit should have minimum of 1200 s.f.; would only total 1125 s.f.
-entry driveway would be reduced from 20 to 15 feet.
-height requirement adjustment: To measure from actual grade, not existing grade.
Attorney Royston is looking to the Commission for input as to if they can hold public hearing on this application, and when it could be scheduled. The application has been filed, and it was determined the time requirements are the same and subject to a site plan time frame.
The Commission discussed, and agreed it beneficial to hold a public hearing. Suggestion made with Attorney Royston and Attorney Knapp about educating the public about the application, with an informative summary.
P. Stuart and G. Lewis both noted a conflict of interest, preventing them from participating in this application. Dates were discussed, with a public hearing to begin at the January 2, 2007 meeting.
If needed, Attorney Royston will provide the commission with an extension through the regularly scheduled meeting of 2/5/07.
Attorney Royston gave a brief review of the application. It would be made up of 6 units, with 2 being affordable housing units. It would include four single family houses, and 2 located in the existing house. He noted there is no difference in size or materials being used for the affordable housing units.
Applicants wish to donate one of the units to H.O.P.E. partnership under 501C for no consideration.
VIII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
-Guilford Savings Bank. R. Staub noted this is a content/logo change only for the proposed signs. The size, height, location, and method of lighting will all remain the same. C. Costa advised the commission, this should go to the ARB for their approval.
R. Friedmann stated he did not feel this was a substantial change, and no problem with the Zoning Commission handling.
MOTION to approve modification for sign (logo only) for the free standing sign; MADE by W. Harris; 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.
-C. Costa noted additional signs not included in original application. The commission stated there can only be one sign on one wall facing Route 1. The two small rectangular signs located now on the ATM are not permitted, and should be removed. The Zoning Commission authorized the remainder of sign changes to be handled administratively by the ZEO. The ZEO will review all signs for their compliance.
Zoning Enforcement Officer Costa stated that Denvir Tire is moving its pylon sign out of the State Right of Way, and will be more compliant. The location of the sign has yet to be determined.
-Carimsa Carwash, and their representation met today, 12/04/06, with C. Costa and Attorney Eric Knapp. Carisma Carwash is expected to come to the Zoning Commission.
-Per Attorney Knapp, the DEP has stated that the Aquifer Regulations can be a part of the zoning regulations.
-Attorney Knapp stated there is a proposed settlement out for the Sam’s Wall, which includes a modified gambion wall. Plans would be sent to the commission for their review.
-Zoning Enforcement Officer informed the commission there would be a request for a text amendment for sign regulations from Grossman Chevrolet/Nissan.
-ZEO Costa advised the commission that she and Town Planner, Christine Nelson, are working to revise the zoning regulations to incorporate a “Special Standards” section, noting that the current section is not “user friendly”. The commission supported this project.
IX. ADJOURNMENT
Chairman Friedmann adjourned the meeting at 10:00 p.m. until the next regularly scheduled meeting on Monday, December 18, 2006 at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension.
Respectively submitted:
Maura Farbotka
Recording Clerk
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