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ZC Minutes 010207
Tuesday, January 2, 2007 at 7:30 p.m.
1st Floor Conference Room – Town Hall
302 Main Street  




I.   CALL TO ORDER

Vice Chairman Elizabeth Steffen called the regular meeting to order at 7:30 p.m.

II. ROLL CALL

Attendant Members       Absent Members
Robert Friedmann, Chairman                                              Geraldine Lewis, Alternate Member
Elizabeth Steffen, Vice Chairman                                     Charles Sohl, Alternate Member
Walter Harris, Secretary        
Madeleine Fish, Regular Member
Paula Stuart, Regular Member    
Kathy Edgar, Alternate Member
                
Attendant Staff                                                                Absent Staff                                               
Eric Knapp, Consulting Legal Counsel                             Chris Costa, ZEO
Maura Farbotka, Recording Clerk

K. Edgar will be seated for Chairman Robert Friedmann

III. ANNUAL ELECTIONS

          
MOTION to amend the agenda and move the Annual Elections after item VII, Public Hearing MADE by W. Harris; SECONDED: by P. Stuart; no discussion on the motion; VOTING IN FAVOR: E. Steffen, W. Harris, M. Fish, P. Stuart, K. Edgar, OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.





IV. REGULAR BUSINESS:

     A.  Minutes

MOTION to approve the minutes of December 18, 2006 as submitted MADE by M. Fish; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR:  E. Steffen, W. Harris, M. Fish, P. Stuart, K. Edgar; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.

     B.  Correspondence

No Correspondence.

V.  SIGN APPLICATION (internally illuminated):  Cordial Shop, 950 Boston Post Road
     Map 29/Lot 16, B-2 Zone                                                  Applicant: Michael Abel
      
MOTION to amend agenda and move item V after Annual Elections MADE by M. Fish; SECONDED: by K. Edgar; no discussion on the motion; VOTING IN FAVOR: E. Steffen; W. Harris, M. Fish, P. Stuart, K. Edgar; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0

VI. DISCUSSION:                  Determine legality of conversion of barn to apartment
                                                 12 Old Boston Post Road, Map 30/Lot 32, A Zone
                                                 Request of OBPR12, LLC    By: Richard King, Member

No one was present representing OBPR12, LLC.

MOTION to postpone item VI, and move to next regularly scheduled meeting on January, 16, 2007, to be held at the 1st Floor Conference Room, Town Hall at 7:30 p.m. MADE by M. Fish; SECONDED by P. Stuart; no discussion on the motion; VOTING IN FAVOR: E. Steffen; W. Harris, M. Fish, P. Stuart, K. Edgar; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0


VII. PUBLIC HEARINGS:
      A.  SITE PLAN REVIEW:
            Construction of a Six-Unit Affordable Housing Development in accordance with
             C.G.S. 8-30g (five buildings, two affordable units), 509 Main Street
            Map 23/Lot 78, Residence A District
            Applicant:  College Point, LLC, c/o David Genovali
            Agent: Attorney David M. Royston

 
P. Stuart will step down for this public hearing.
R. Friedmann arrived at 7:38 p.m.
K. Edgar will remain seated for regular member, P. Stuart

Per the request of Attorney Royston, Attorney Eric Knapp’s 12/20/06 letter was read into the record, and for the public in attendance.  
It is both Attorney Royston and Zoning Enforcement Officers feelingthat a CAM is not required for this application.  He requested that the commission make their determination, prior to the end of the public hearing.  
Attorney Royston stressed the proposed affordable housing plans are in no way substandard.  All plans are beneficial to the town and are in no way detrimental to the neighborhood.  
Some items are superceding zoning regulations, however all basic and essential requirements are being met.  The plan can only be denied under health and safety considerations.
Attorney Royston gave a review of the proposal.
The property is located on 509 Main Street, to be referred to now as Whittier Place.  The existing house is to be converted into 2 units, one on each floor, each with approximately 1100s.f. living area.  (one bedroom for each unit).
The applicants/owners will transfer the 2nd floor unit to HOPE Partnership for no consideration, allowing them to appropriately administer the unit as an affordable housing unit.
The existing house currently has an approved septic system which accommodates 3 bedrooms.  Attorney Royston noted there is a ½ story above the 2nd floor unit, which could possibly be converted to a 2nd floor bedroom by the Hope Partnership.  This would be allowed with the current septic system.
The other part of the plan is made up of 4 free standing single family residences.  All units will be comparable in materials used and construction.  
Hope Partnership would be given the 1st option to purchase this unit at its affordable price.  If they decline, the Town of Old Saybrook would be able to purchase it, again at it’s affordable price.  Either purchaser would have to rent/sell at the affordable figure.  These figures are recalculated and made effective each year.  
Hope Partnership has agreed to this proposal.  HOPE is a relatively new organization, recently obtaining 501C-3 status.  Determined to be designated as a charitable organization, also recently being approved for funding by the United Way.  Attorney Royston stressed this is a win/win situation for both the owners of the property, and the Town of Old Saybrook.
Attorney Royston discussed the areas where the regulations are superceded.
-20% open space
-height to be determined from improved grade (although still will be w/i 35 feet).
-driveway to be 15 feet wide

Site could allow 16 bedrooms, only 15 planned.  
Site does meet all setbacks.
Attorney Royston strongly emphasized that the site plan is not superceding the Flood Hazard Zone regulations.  This plan meets all of the them.
Basement of existing home to be removed.
Application reviewed by ARB, noting favorable referral.  
Favorable report from Planning commission noting proposed development to be consistent with Planning for the next decade.  
The applicants have implemented the recommendations from the ARB including:
-an expanded common area
-trees along the entrance driveway
Attoney Royston submitted the following items to the commission:

-Copy of agreement with HOPE Partnership
-Letter from R. Baldi.
-Minutes from ARB regular meeting
-Planning Commission report, dated 1/2/07
-Amended Declaration (only pages that changed)
-Amended copy of by-laws
-Form of Conservation easement restriction
-Amendment to Affordable Housing Plan, dated 12/22/06

Stuart Fairbank, an engineer with Angus/Sharpe Associates associates addressed the commission.  Plans addressed all flood zones and base elevations.
Worked hard to insure site plan met all flood ordinances and provided access in case of emergency.  
First floor kept above base elevations.  Basement to be removed, now will only have crawl space. (Same level as garage).
Water service to be obtained from Main Street; each house would have its own service.  This proposal is now at the Water Company.
Plans incorporate an infiltration gallery, retaining run off.  New plans in no way impedes the ability of water leaving the site.

The Septic is away from lower sections of property.  Still awaiting final report from Health Department.  Dry wells placed at entrance.  All mechanicals to be located on 1st floor and above.

R. Friedman questioned the amount of fill to be used. S. Fairbank noted one section on plan where fill measures close to 4 feet.  This is max, most at 1-2 feet.  Driveways constructed to tilt down.
Height requirement to be met.
Parking requirement met.
R. Friedmann noted typo on condo fee, charging more for affordable unit.  Applicant will address this.
Confirmed no more than 3 bedrooms for the duplex.
Hope Partnership must insure compliance.  The affordability guidelines to go on deed.  This would apply to Hope or any other owner for 40 years from the initial date of deed.
The affordable single family house is located closest to the existing house, on NE side of access driveway.
By –laws of houses would handle all restrictions (parking, clotheslines, etc.)
Attorney Hinsley of the law firm Dzialo, Pickett and Allen addressed the commission, reviewing the qualifications and guidelines required for affordable housing.  She noted the figures in the report are a proposed value.  The new calculations for fiscal year 2007 are due from HUD in February.
Figures for both properties were reviewed at length and are included in materials provided.

Per David Royston, no sign application filed.
R. Friedmann requested specific list of materials to be used; applicant will provide.

David Genovali spoke to the commission giving an overview of the architectural designs.  Houses will have vinyl siding, and choice of 3 different facades.  The houses are basically colonial in style, all different colors, with options of portico, porch and cupolas.
Homes to be heated by gas (from Main Street line).
Furnace to be located in attic space, with duct work between the 2 floors.
Carpeting in bedrooms, tile in bathrooms.  Different choices for design of kitchen.
Air conditioning can be added, but is not provided.
The existing house to be completely gutted, and renovated to gas.
Driveways to be paved.
Each single family home approx 1900 s.f., not including the 24x24 garage (with overhead storage).
Mr. Genovali stressed the compliments of the plan by the ARB.  Landscape modifications have been made as per their recommendations.

Chairman Friedmann opened the hearing to the public.
The following people spoke in favor of the project:
-Edward Armstrong of 4 Old Boston Post Road, feels it is a big asset to the town.
-Liz Swenson, member of ARB, however abstained from voting on this plan.  Fully supports project.  Board member of Hope Partnership.  Promotes diversity, and benefit to town.
-Bob Bernhart of 24 North Cove Road , lives very close to proposed site.  Plus to add affordable housing to town.  

The following people spoke against the project:
-Gary Parkosewich of 2 Lighthouse Lane, lives adjacent to property.  Not made aware of variance on his house. Concerned with flooding problems project would bring to neighbor-hood.
-Pamela Parkosovich of 2 Lighthouse Lane.  Area already drainage issues and large puddles after every storm.  Concerned will fill being brought in. States existing house needs to be drained in heavy storms.
Questioned Stuart Fairbank on impact of fill and grading on water volume. Mr. Fairbank stated applicant will provide a detail of the drainage swale, which runs along the property line.  
-Michael Rice of 515 Main Street, questioned if public hearing would be continued until next meeting. Would like to address commission at that time.  Questioned S. Fairbank again on description of swale.  Concerned with width of driveway, for dump truck or delivery truck. Mr. Fairbank  stated 2 vehicles at same time may pose inconvenience, but not a safety issue.

MOTION to continue public hearing to next regularly scheduled meeting to be held on Tuesday, January 16, 2007 at the 1st Floor Conference Room, Town Hall, 302 Main Street at 7:30 p.m. MADE by E. Steffen; SECONDED: by K. Edgar; 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.  MODIFICATION OF SPECIAL EXCEPTION USE APPLICATION
             COASTAL SITE PLAN REVIEW APPLICATION
            Stop & Shop, Elm St., Map 36/Lots 60, 80, 92, 93, 94, 95, 96, 103, B-2 District
            10,167 s.f. addition, 64 new parking spaces and façade renovation
             Applicant:  The Stop & Shop Supermarket Company, LLC, c/o Matthew Rubin
            Agent:  Matthew White

P. Stuart reseated.
K Edgar to step down.

Matthew White of Angus/Sharpe Associates addressed the commission, giving a review of the proposed expansion.  The existing canopy would be removed.  The expansion to be located on the west side of property.  Noted the new loading area would run parallel to the building.  M. White pointed out this site is non-conforming.  
Parking was discussed at length.  M. White reviewed the existing spaces to be removed, and those added, some as reserved. Some of the new reserved spaces would be in new landscape island, and in existing skate park. (Pavement to be removed).
R. Friedmann cited parking regulations, noting proposal does not meet requirements.
Carriage return corrals are a major concern, for the entire site. (located at both Walmart and Stop & Shop).
Discussion about easy access parking availability in rear of Stop & Shop, now not frequently used.
Matt White noted his understanding is that the applicant would only have to satisfy the parking requirements for the addition, (as per an info session/discussion at the September 18, 2006 Zoning Commission Meeting).
Matt White states expansion requires 59 spaces.  The commission pointed out that the applicant must first determine if the carriage corrals at Walmart were counted for this plan.
Applicant must also make sure reserve parking spaces stays under 20%, max allowed.
Both Matt White and Matt Rubin advised the commission that per an amended site plan on 7/20/06, the commission approved 70 spaces.  This current plan includes 91 spaces.  Question from applicant if extra 21 spaces can be counted toward this plan.

Per Matt White, applicant has met minimal landscape area.  No change to front landscape, or perimeter buffer.
Traffic analysis has been requested, and is almost complete.
Storm water:  Plan shows a decrease in impervious area, reducing water run off.  Water to be discharged on site.
DEP septic recently given a new permit including excess capacity which would cover addition.  A report has been received.
M. White reviewed Attorney Knapp’s 12/11/06 letter:
Item #1,c was an error.
Sign application submitted to ARB.
ARB suggested wood chips for landscape island, however per zoning regulations, landscape must be green).
Commission noted no street trees proposed.  Needed at the right-of-way, not the ring road.
Handicap access is ok.
Per Wendy Goodfriend’s report, applicant will clarify roof run-off, and will modify landscaping, plan using only native trees.
Matt White noted Planning Commission requested ring road radius curve be modified.  Applicant concerned with extra vehicular speed this may cause.
Mr. Steven miller of Wagner Engineering discussed the architectural changes of the project.  
Showed revised entrances, changes in façade.  New paint scheme, additional glass, and new gables set into the existing gables are included.
Amount of allowed signage was discussed, in addition to signage attached to the fascia. The calculations for coverage will be reviewed.
K. Edgar noted how dangerous existing planters in the front of the building are. These will be removed on the new plan.
Chairman Friedmann opened hearing to the public.  No comments.

MOTION to continue Public Hearing to the next regularly scheduled Zoning Commission Meeting to be held Tuesday, January 16, 2006 at the 1st Floor Conference room, Town Hall, 302 Main Street at 7:30 p.m., MADE by E. Steffen; SECONDED: by W. Harris; no discussion on the motion; VOITING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.




III.  ANNUAL ELECTION OF OFFICERS


MOTION to nominate Robert Friedmann as Chairman of Zoning Commission MADE by P. Stuart; SECONDED: by M. Fish.
MOTION to close nominations and unanimously elect R. Friedmann as Chairman MADE by W. Harris; 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.

MOTION to nominate Elizabeth Steffen as Vice Chairman of the Zoning Commission MADE by P. Stuart; SECONDED: by M. Fish.  
MOTION to close nominations and unanimously elect E. Steffen as Vice Chairman MADE by R. Friedmann; 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.

MOTION to nominate Walter Harris as Secretary of the Zoning Commission MADE by E. Steffen; SECONDED: by M. Fish.
MOTION to close nominations and unanimously elect W. Harris as Secretary MADE by R. Friedmann; 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.

V.  SIGN APPLICATION (internally illuminated): Cordial Shoppe, 950 Boston Post Road
                 Map 29/Lot 16, B-2 Zone                                    Applicant:      Michael Abel
Discussion was held regarding application.  Noted recent approval from ARB.  Lighting should be turned off one hour after store closing.

MOTION to approve the SIGN APPLICATION for the Cordial Shoppe, 950 Boston Post Road; Map 29/Lot 16, B-2 Zone; MADE:  by R. Friedmann; SECONDED: by P. Stuart; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, P. Stuart; OPPOSED: E. Steffen, W. Harris; ABSTAINING: none; APPROVED: 3-2-0.

VIII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
None.

IX. ADJOURNMENT
Chairman Friedmann adjourned the meeting at 11:00 p.m. until the next regularly scheduled meeting to be held on Tuesday, January, 16, 2007 at the 1st Floor Conference Room, Town Hall, 302 Main Street at 7:30 p.m.

Respectively submitted:


Maura Farbotka, Recording Clerk