Skip Navigation
This table is used for column layout.
ZC Minutes 020507

Monday, February 5, 2007 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension




I.   CALL TO ORDER

Chairman Friedmann 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                                       Kathy Edgar, Alternate Member     
Madeleine Fish, Regular Member
Paula Stuart, Regular Member
                
Attendant Staff                                                                
Chris Costa, ZEO                      
Mark Branse, Consulting Legal Counsel                             
Maura Farbotka, Recording Clerk

III. REGULAR BUSINESS

     A.  Minutes.

MOTION to approve the minutes of January 16, 2007 as submitted 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.      Correspondence

Chairman Friedmann noted a DEP newsletter received and the most recent ZC budget.

Discussion was held regarding correspondence received regarding the Montessori School, including a letter from the State of Ct. Department of Health, for an Order to Cease Operation of Unlicensed Day Care Facility. Attorney Mark Branse told the Commission that his office is drafting an order of injunction to cease operations at the building, due to it operating without a Certificate of Zoning Compliance, and a Certificate of Occupancy.  Discussion was held at length regarding the status of the school.  The school is not being operated as a day care facility, however since it enrolls students under age 5 for the preschool program, a day care license is also required.  Upset parents of students at the school, along with Marci Martindale questioned the commission on why the Zoning Commission and the Zoning Enforcement Officer wanted to issue an Injunction to close the school, and why a Certificate of Zoning Compliance has not been issued. Zoning Enforcement Officer Chris Costa stated that until all appropriate paper work has been signed off with the Health, Fire and Building, she couldn’t sign and issue the Certificate of Zoning Compliance.  She stated the applicant was aware of this, however still opened the school for business.  The state first issued an order on January 3, 2007.  After a lengthy discussion, it was agreed that an injunction on the site would be postponed until Mary Jane Engle, director of Health for the Ct. River Area Health District, returns on Wednesday, February 07, 2007. At that time, Ms. Engel can review and make a final decision.  The Chairman instructed the applicant to complete all work and obtain all applicable signatures from the required agencies, at which time the ZEO will be able to sign the Certificate of Zoning Compliance.


IV.  DISCUSSION:  Guilford Savings Bank – clarification of sign approval

Attorney William Childress, and a representative from Guilford Savings Bank were present.
Discussion was held at length about previous application and the sign approval, and the December 4, 2006 ZC meeting.  Atty. Branse advised the commission that even though the 3rd sign was approved in error, they cannot  go back on this decision now.

V.   INFORMAL DISCUSSION:   Indoor play space and café for young children and their caregivers – 142 Ferry Road – Between the Bridges.

Applicant discussed his proposal with the commission.  This site is located in a Marine Commercial District.  The applicant will move forward to public hearing for this special exception. Discussion about the food service, and if the food service aspect can be considered use to use.   Commission advised applicant about the requirements for parking and seating (both indoor and outdoor).  Confirmed no take out window, on that only one sign would be allowed, not internally illuminated.

VI.  PRELIMINARY REVIEW:  MAX’S PLACE, LLC. – Revised Site Plan
Attorney Royston, David Zyaks (engineer), Ron Lyman (owner), and a representative from Big Y supermarket were present.  Attorney Royston noted this is a preliminary application for discussion.  He summarized the status of this application noting that the denial issued by the Zoning Commission is on appeal.  
Attorney Royston distributed another 11x17 plan showing further reduction of building C.  The proposed tenant, Bed Bath and Beyond would require less than the previously planned 24,000 s.f..
Attorney Royston provided the commission with a preliminary draft statement of use.  
He gave the commission a summary of the major changes in this new plan.  Phase II is not being proposed for development at this time.  Per Attorney Royston there still will most likely be a Phase II, however the time frame, and possible tenants are all unknown at this time.  Application would now be treated as a single phase for approval, with a scaled down development.  Parking requirements would be met.  The square footage of the proposed site would be reduced from 140,000 to 106,000, a 25% reduction.  This reduction would also reduce traffic at the site. Attorney Royston noted that an additional traffic study would have to be done.  He noted all original plans for septic, detention basin, traffic entry would be completed with Phase I, and all previous IWWC requirements would be complied with.  
Project Engineer David Zyaks addressed the commission.  There will be no traffic signal proposed at Route 1 entrance to site; however there will be a prohibition of left turn posted.  The new plan required 607 parking spaces.  The applicant is proposing 119 as reserve (max allowed), leaving 488 regular.  Reserve will be left as grass/landscape.
Mr. Zyaks noted the primary change in this new plan is the elimination of the 30,000 s.f. building (along Boston Post Road).
Attorney Royston and Mr. Zyaks advised the commission that Phase II, while not on any specific timeline, is included in the plan and if developed would be done in harmony with Phase I.
Attorney Mark Branse concurred with the plan to include Phase II into this review.  
Regular Member Paula Stuart raised traffic concerns.
Chairman Robert Friedmann confirmed all septic, detention basin, and rain gardens along Boston Post Road site would be installed during Phase I, while keeping the balance of the site in its existing natural condition.  
Attorney Royston stated that no Certificate of Occupancy would be issued to Big Y, until the junior anchor building, and the linear buildings are complete and have received their Certificates of Occupancy.  Building C is part of Phase I.
Discussion was held at length with regard to parking calculations.  The commission noted that designated employee parking is to be remotely located and must be indicated on the plan.  Reserve parking must be accessible/useable.
The commission stated that all signage would be proposed at the time of the application.
Attorney Mark Branse urged the applicants to carefully review the Motion for Denial; that the Commission cannot reverse its decision.  The applicant must address each of the reasons for the denial. Applicant must bring forward the best proposal/design in keeping with the character of the town.  






VII.  PUBLIC HEARINGS:
         A.  APPLICATION FOR SPECIAL EXCEPTION USE:  Anthology, LLC
             954 Middlesex Turnpike, Map 62/Lot 84, B-3 District
             Applicants:  Colleen Doyle and Roger LaFrancois

Colleen Doyle, and Roger LeFrancois were present.  In December 2006 the applicants opened a retail store, and would now like to add a café element.  Café would include sale of coffee, tea, and light pastries.  All food would be catered in, there will be no food preparation on site.  No take out service.  The commission noted all favorable recommendations.  Favorable referral from Planning Commission, 02/02/07.  The site is in compliance with parking.  No additional retail to be added.  Sign application has been approved by the ARB.
Chairman Friedmann opened the hearing to the public.

MOTION to close Public Hearing MADE by M. Fish; SECONDED by E. Steffen; 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 approve Application for Special Exception Use; Anthology, LLC, 954 Middlesex Turnpike, Map 62/Lot 84, B-3 District; MADE by P. Stuart; 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 amend agenda and move Public Hearing item C before item B, 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.

C.      MODIFICATION OF SPECIAL EXCEPTION USE APPLICATION
COASTAL SITE PLAN REVIEW APPLICATION (Cont’d.)

          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
Engineer Matt White reviewed his 01/29/07 letter which was submitted with a set of revised plans.  Discussion held with regard to parking spaces and corrals, for both the Walmart and the Stop and Shop parking lots.  The cart corrals and the parking spaces are shown on the revised plans.  In order to make the required parking, 4 cart corrals will be removed at the Stop and Shop, allowing for 16 parking spaces.  Additional reserve spaces would be added to old skate park.. The number of parking spaces proposed is 77, the amount required for the expansion.  
The Commission questioned Matt Rubin about the numerous storage trailers on the  property .  R. Friedmann and ZEO Costa both observed 9 trailers, Mr. Rubin stated there are only 5 on the property.  Regardless of the number of trailers, Mr. Rubin confirmed that all storage trailers will be removed within 60 days.  It was agreed that the trailer which is used seasonally for Walmart can remain, as this was previously approved.  Snow removal equipment will be stored elsewhere.  The Commission requested the information regarding the trailers be confirmed in writing by Mr. Rubin.  
Landscaping on site to be restored and installed, when season permits.  This includes both Route One and Elm St. side.  Landscape plans required to show modifications.  
The Commission questioned the applicant about the possibility of him granting an extension to the Zoning Commission.

M. White addressed the Commission responding to comments by G. Jacobson’s letter.  Concern raised by commission with 6 inch curb on reserve parking.  M. White proposed cutting curb for access.
Steve Brewer, discussed landscape.  The existing evergreens by the Skate Park will now not have to be removed.  Trees by Right of Way/Skate Park entrance would impede line of sight.  He agreed with Commission that planting could be moved back, away from line of sight, and planted every 50 ft..  Planting schedule provided (using non-evasive plants).
M. Fish noted 2nd year growth should be considered w/ landscape bond.
Islands in front of Famous Footwear needs further landscaping.  Any lack of landscaping on Route One/Elm Street, applicant would add to comply with regulations.
Attorney Mark Branse addressed the applicant with regard to his site plan.  He advised it is time to look at every aspect of the site and bring it up to current zoning requirements, as much as possible.  Septic plans have been submitted.  Commission noted any signage/or sign change must be part of Special Exception.  
Signage was discussed at length.  Applicant proposed main sign and line of department signs.  This proposed signage is below 20%, @ or below what is existing.
The Commission noted applicant cannot include all separate department signs.  There will be some exterior lighting changes.
Per Matt White, traffic report has been submitted.  Traffic discussed. Alan Wm. Mess of Barkin and Mess Associates, Inc. clarified some points of his report (dated 12/20/06), for the commission, noting he did not think this expansion would add much traffic.
Tom Cote, Attorney for Stop and Shop Supermarkets raised concerns with the Commission with regard to regulations for signage.  He stated this signage detail is part of Stop and Shop’s identity, providing aesthetic detail to the front of the store, and is not internally lit.  Commission again stated separate department signs are not allowed.
Chairman Friedmann opened the hearing to the public:

-Mike Ziska, Attorney for Jandim Realty addressed the commission stating no objection to the proposed addition.  Attorney Ziska and his client are, however, concerned with a previously approved access/easement located between the applicant’s and Jandim’s property.
He referenced the Special Exception Permit, dated 07/17/2000 issued to Mr. Rubin.  In this permit, plan OP-1 was approved by the commission as part of that Permit.  On 08/15/2000 the plan was approved by the State Traffic Commission.  This approval included several conditions, one which states “That the developer will allow and not preclude future internal connection between the site property and adjacent properties, as indicated on the above referenced plan”. There is no easement on the applicant’s site plan.  Attorney M. Branse noted that the approval of this easement is on record, and is still in effect.  
Mr. Rubin stated he felt this applied to a previous application (Lowes), which has since been denied.
-Jean Castagno questioned M. White with regard to runoff.  He advised pavement is being removed, increasing the impervious surface, which will decrease run off.  
-Guy Pendleton requested definition of a street tree.
-Patricia Kehoe requesting commission to clarify reserved parking.

Mr. Rubin provided the commission with a handwritten letter, dated 02/05/07 granting an extension for the public hearing until the next regularly scheduled Zoning Commission meeting to be held on Tuesday, February 20, 2007 in the 1st Floor Conference Room at the Town Hall, 302 Main Street at 7:30 p.m.

MOTION to continue Public Hearing on the Stop and Shop Expansion, MADE by E. Steffen; SECONDED: by R. Friedmann; 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.

Regular Member Paula Stuart left the meeting at 10:40 p.m.
There will be four members seated for the next public hearing.

      B.  SITE PLAN REVIEW (Cont’d.):  
            Construction of a six-unit affordable housing development in accordance with
           C.G.S. 8-30g (five buildings, two affordable units), 509 Main St. – “Whittier Place”
         Map 23/Lot 78, Residence A District
         Applicant:  College Point, LLC, c/o David Genovali             
         Agent: Attorney David M. Royston
David Royston reminded the Commission that this is the first Public Hearing where the statutory notice was filed.  He requested that all exhibits from both the 01/02/07 and the 01/16/07 Zoning Commission Meetings be incorporated and made part of the record, and that all exhibit lists be included.
Attorney Royston pointed out the Fire Marshall sent a favorable report, with the only concern to increase the access driveway to 20 feet.  After inquiring with the Fire Marshal, the
applicant will be able have 17 feet paved, and 3 feet remain gravel.
The revised 02/02/07 site plans were reviewed.
Attorney Royston submitted to the commission an amended Conservation Easement and Restrictions, dated 02/05/07.  He noted G. Jacobson’s request to comply with all Flood Hazard Ordinances.  Attorney Royston stated all flood and FEMA regulations could be conditions of approval.
Mr. Royston submitted an amended Declaration; in it he noted this now states that flood ordinance requirements must be complied with each property, prior to issuance of a Certificate of Occupancy.
-Noted on page 9 of Declaration, that applicant has made condition that storm drainage requires maintenance/supervision to prevent clogging.  Applicant is providing detention system on site for any increased water this plan may incur.  
Plan must and will comply with all Fire, Health and Safety .
Per DOT letter, dated 01/16/07, applicant has incorporated the specific requirements into the plan.  Drainage analysis will be condition to obtain permit to access roadway (Route One)
Revised plan only requires one tree to be removed.
All recommendations by ARB have been met including:
-Increasing yard area. Providing common/unpaved area along side of roadway, split - rail fence along conservation area, architectural plans modified to include windows on end wall (for each house).
Attorney Royston noted the concerns raised by opponents to the plan with regard to water.  This includes water causing pollutants to run off (now not restricted, but will be in this plan), , and water from coastal storm event.
Showed panel 2 of 4 of FIRM.  Discussed at length, noting evacuation.  Area of least concern if there should be 100 year storm.  
Attorney Royston pointed out there is no development on velocity zone.  Planning Commission found this project compliant with Flood Hazard.  This project recognizes the 100 year storm, invoking a responsible plan.  This plan is bringing the existing house is not into compliance.
Engineer Stuart Fairbank of McDonald/Sharpe Associates addressed the Commission.
He noted the increase access roadway and the increased hammerhead.
Noted G. Jacobson’s recommendations to increase pitch.  He discussed the drainage swail.  All storm water to be retained by applicant.  Approximately 2900 cubic yards of fill to be brought into site.
Mark Branse questioned Mr. Fairbank as to the effect the fill will have on the site and existing neighboring site.  The Commisison and Mr. Fairbank had a lengthy discussion as to the correct interpretation of M. Balint note raising concerns about storage capacity.  Attorney Branse states he feels her concerns rise from flood waters previously able to spread that now will be unable to because they will meet restrictions with the fill being brought in.
E. Steffen questioned the possible of use of a Baffle system, noting the 1982 storm.  
No additional fill to be used for roadway.
Commission questioned whom the individual would be to inspect and insure swale/storm drainage not clogged.
Commission wants it noted that no garage could be made into any type of living space.
Applicant did not consider building house(s) on pilings.
R. Friedmann question possibility of reducing # of homes to be built.  Applicant stated this is impossible in order to comply with percentage requirements.
Chairman Friedmann opened hearing to the public.

The following people spoke in favor of the application:
-Patricia Kehoe.  In favor, noting mostly all of Saybrook has water issues.  Affordable housing is needed.  .
-Dave Fyler of Maple Avenue spoke in favor of the project.
-Liz Swenson of 46 Dudley Avenue, highly in favor of project. Addressed Mr. Michael Rice’s concerns, specifically the width of road, hammerhead, pesticides, and the emergency early warning system now in place.  Ms. Swenson submitted the following to be added to the exhibit list:
-Street Design for Rural Subdivisions
-Housing Vital for State’s Economic future, from the Home Ct. website.
-Article from The New London Day, dated 02/05/07, on Ct. population declining.
-OS, Ct. CERC Town Profile, dated 01/2007
She noted each additional unit for affordable housing makes a difference.

The following people spoke against the application:

-David Smith of 514 Main Street.  Very concerned with water issues.  Noted he has a 750-gallon drywell, which easily fills at times of rain. He submitted a plan to the exhibit list, along with figures for affordable housing.  
- Michael Rice of 515 Main Street.  Mr. Rice submitted to the Commission a report citing all the health and safety issues on this site (dated 02/05/07).  Issues include traffic, flood, access, storm water runoff, environmental impact, damage to adjoining properties, and destruction of large tree on Main Street.
-Tom Farno of 520 Main Street. Major concern is water/flooding especially to residents of new housing.  Noted environmental dangers.
-Steffen Gollect, concerns with the daily # of gallons of water to go into this site after the construction of the homes.

E. Steffen commented police have immediate/frequent notice to any residents who could be affected by potential storm waters.
W. Harris noted State DEP Scenic Commission has approved.

MOTION to close public hearing MADE by W. Harris; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, M. Fish; OPPOSED: none; ABSTAINING: none; APPROVED:5-0-0.

Attorney Royston provided the commission an extension for a decision until the next regularly scheduled meeting of the Zoning Commission to be held on Tuesday, February 20, 2007 at 7:30 p.m. in the 1st Floor Conference Room, Town Hall, 302 Main Street.

VIII.  COMMITTEE REPRESENTATIVE AND STAFF REPORTS
-Shoreline Landscaping, to lease space at 90 Ingham Hill Road (Bessoni Building).  Looking for an amendment to statement of use.  Commission gave approval for office space, not to exceed 120 s.f.
-Everett O’Connor agency, located on Pond Road.  ZEO questioned if Commission wanted to see as full site plan.  Commission gave authorization to handle administratively.

Chairman Friedmann adjourned the meeting at 12:55 a.m., until the next regularly scheduled meeting to be held on Tuesday, February 20, 2007 at 7:30 p.m. at the 1st Floor Conference Room, Town Hall, 302 Main Street.

Respectively submitted,



Maura Farbotka, Recording Clerk