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ZC Minutes 022007

Tuesday, February 20, 2007 at 7:30 p.m.
First Floor Conference Room
Town Hall
302 Main Street


I.  CALL TO ORDER


Chairman Friedmann called the regular meeting to order at 7:33 p.m.

II. ROLL CALL

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

Alternate Member C. Sohl will be seated for Secretary Walter Harris.
C. Sohl advised the Chairman and Commission that he has read all materials, and listened to all audio tapes of the February 5, 2007 meeting, and feels qualified to be seated and vote this meeting.

III. REGULAR BUSINESS

     A.  Minutes.

On page 6 of minutes under “Those in favor of application”, should read “decreasing
impervious surface”,  not increasing.

On page 7, six lines up should include after baffle system:  “to prevent backflow”.

MOTION to approve the minutes of February 5,  2007 as amended 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.      Correspondence

MOTION to pay Branse and Willis invoice #14538 in the amount of $928.00, #14539 in the amount of $159.50, #14540 in the amount of $290.00, #14591 in the amount of $130.50, #14542 in the amount of $391.50, #14545 in the amount of $58.00, and #14550 in the amount of $420.50 for a total of $2,378.00 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.

IV.  REQUEST FOR  RETURN OF BOND:  
       SLEEPY’S  INC.,  555 Boston Post Rd., Map 28/Lot 45, B-4 District
      $19,400 Landscape Bond (Z.C. mtg. 03/06/06 – hold one year, consider 2nd yr.growth).
The Commission confirmed with ZEO Costa that all landscaping requirements have been met.  M. Fish raised concern about 2nd year growth.  Suggested holding $5,000.00 back from bond, pending 2nd year growth.  

MOTION to release $15,400 and retain $5,000.00 of Landscaping bond for 2nd year growth for Sleepy’s Inc., 555 Boston Post Rd., Map 28/Lot 45, B-4 District 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.      

ZEO Costa informed the Commission that Sleepy’s would be making modifications to their sign in May.  The major change would be removing the internally illuminated sign from the pole to a brick base.

V.  OLD BUSINESS:
     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 – “Whittier
              Place”
              Applicant:  College Point, LLC, c/o David Genovali
             Agent:  Attorney David Royston

The Commission discussed several issues concerning this application.  R. Friedmann stated he felt there was insufficient negative evidence with regard to health and safety to substantiate a denial.  He questioned the commission on their position.  All members agreed it was reasonable to proceed; that this was an approvable application, with modifications.
The Motion for Approval was discussed at length, with many clarifications and corrections noted. Some modifications to the Motion for Approval included:
Item 8 (p.2 of 6), regarding no net increase in runoff.
Item 2 (p.3 of 6), addressing issues with regard to flooding.
E. Knapp noted that condition 8 should read “no greater than 60%.
M. Fish confirmed that CAM approval is included in this Motion.
R. Friedmann read G. Jacobson’s 02/20/07 memo, clarifying placement of fill in Flood Zones.
E. Steffen read the Motion for Approval with Modifications into the record:

MOTION to approve Construction of a six-unit affordable housing development in accordance with C.G.S. 8-30g (five buildings, two affordable units), 509 Main Street – “Whittier  Place” Applicant:  College Point, LLC, c/o David Genovali MADE by E. Steffen; SECONDED: by R. Friedmann: Discussion on the motion:  R. Friedmann noted on page 4 of 6- #4, modify conditions for garage/crawl space that no platform or other structure can be built.
Commission agreed sidewalk should be completed at time of construction of houses.
Town Engineer to review for phrasing and flood permit.
On page 4 of 6, #8, “low” unit should be clarified as the 2nd floor.
C. Sohl noted page 3 of 6, #2 is insufficient, should clarify with regard to concentration.
E. Steffen and R. Friedmann restated their motion with modifications.
VOTING IN FAVOR: R. Friedmann, E. Steffen, M. Fish, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0.

             
              
                        Zoning Commission of the Town of Old Saybrook:

        Motion to Approve with Modifications
        Application of College Point, LLC
        for Multi-Family Housing in the Residential A District          
        “Whittier Place”        

The Zoning Commission of the Town of Old Saybrook (“the Commission”) makes the following findings based on the record before it:

1.      The Commission has received a site plan application and Coastal Area Management Site Plan from College Point, LLC (the “Applicant”), on behalf of its individual members, Robert Hansen, David Fyler, David Genovali and Richard Finnegan, the owners of 2.16 acres of land, identified as Lot 78 on Old Saybrook Assessor’s Map 23 (the “Property”).  The Property is in the Residential A District.  The Applicant has filed an application for six units of residential housing, consisting of four single family houses and one two-family house.

2.              The Applicant indicates that this application is being filed pursuant to Conn. Gen. Stats. § 8-30g.  Pursuant to Conn. Gen. Stats. § 8-30g, two of the units, consisting of one of the single-family houses and one of the units within the two-family house, will be deed-restricted affordable housing, as the same is defined within the Statute.

3.              The Property is surrounded by existing residential uses.

4.              Hearings were held on January 2, 2007 and January 16, 2007.  All evidence from these hearings, including the taped transcription and exhibits, was entered as evidence during the public hearing on this application which was held on February 5, 2007.

5.              The Property is, in part, within the area governed by the Coastal Management Act, Conn. Gen. Stats. § 22a-90, et seq.  Although the Applicant claimed to be exempt from Coastal Site Plan Review under the exemption for single family dwellings, the policy of the Department of Environmental Protection, Office of Long Island Sound Programs, is that such exemption does not apply where more than one single family dwelling is being constructed as part of one project on a single lot.  The Applicant has filed a Coastal Area Management Site Plan Review application with the Commission.  The Commission recognizes that the law is unclear about whether Conn. Gen. Stats. § 8-30g applies to a Coastal Area Management Site Plan application, but that Office of Long Island Sound Programs has opined that  § 8-30g does apply to such applications.  For purposes of this Motion, the Commission will assume, without deciding, that the Coastal Area Management Site Plan is subject to § 8-30g.

6.              The Commission also received reports from its consulting engineer, Nathan Jacobson & Associates, the Fire Marshal, Building Official, Connecticut River Area Health District, CT Department of Transportation, the Architectural Review Board and its legal counsel reviewing the plan for Whittier Place dated November 10, 2006 with respect to matters which the Commission may legally consider.

7.              The Commission received a favorable recommendation from the Planning Commission with respect to the consistency of the proposal with the Plan of Conservation and Development.

8.              Accordingly, the Commission has evaluated the application to weigh the impacts on the coastal resources involved with this application, and has considered the comments of Marcy Balint, as contained in her e-mail of January 16, 2007.  The Commission finds that while the pending application increases density in a flood hazard area over that permitted by the underlying zone, the location offers a much lower risk and a lower density than that found in most other flood-prone areas of the Town.  This location is actually closer to land located above flood level than many of the surrounding areas.  The Commission also notes that there is no modification of the plan than can provide access to interior portions of the Town because the only access roads are themselves below flood elevation.  In balancing the incremental increase in risk against the countervailing need for affordable housing, the Commission is prepared, in this instance, to afford greater weight to the need for affordable housing.

9.              As indicated in the reports from the Applicant’s engineering consultant, the plan for “Whittier Place” will involve approximately 2900 cubic yards of fill being placed on the Property, which may affect the pre-existing coastal flood water holding capacity for this land, stormwater runoff generated by the development, and other matters which the Commission may legally consider.  These potential impacts include whether development of this site as proposed will cause any flood waters which can not be held on this site to cause damage to the health, safety or welfare of adjoining properties and their residents.

10.             With regard to this fill and its impact on flood storage, the Commission realizes that the applicant’s engineer addressed almost exclusively the impact of the proposed fill on flood water flow (and constriction thereof), rather than flood water storage, which was the issue raised in Ms. Balint’s e-mail.  While the Commission understands the desirability of compensatory excavation to offset the loss of flood storage capacity by fill placed in Flood Hazard Areas, the Commission also is aware that there is no such requirement in either the FEMA regulations or the Old Saybrook Flood Hazard Ordinance.  While a future amendment to the Ordinance might have merit, and could address the issue of whether compensatory excavation should be required in all cases, the Commission is not prepared to impose a new and unprecedented requirement on this Affordable Housing Application which has not been imposed in other comparable situations.

11.             The Commission also finds that the application, as filed, is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impact.

12.             The Commission notes that its consultants’ reports recommend changes to this application which would ameliorate potential adverse impacts.  In accordance with Conn. Gen. Stats. § 8-30g, the Commission concludes that  “the public interest [can] be protected by reasonable changes to the” development, and is prepared to mandate those changes, many of which have been incorporated into the plans and revisions of February 2, 2007 and revised documents provided to the Commission at the public hearing of February 5, 2007.  The Commission finds that such modifications can be made without impairing the applicant’s ability to provide 30% of the residential units as affordable housing in accordance with Conn. Gen. Stats. § 8-30g.

For the preceding reasons, in addition to the evidence on the record, the Commission hereby APPROVES this application for Site Plan and Coastal Area Site Plan subject to the following conditions and modifications:

1.              The final versions of the affordability plan and Declaration and Bylaws for Whittier Place under the Common Interest Ownership Act shall be subject to review by the counsel for the Commission to verify their compliance with the representations made by the Applicant before the Commission as well as the provisions of  Conn. Gen. Stats. § 8-30g and the conditions of approval set forth herein.

2.              The recommendations contained in the report dated January 11, 2007 of the Commission’s civil engineers shall be incorporated into the revised plans, specifically, the requirements of the Flood Hazard Ordinance of the Town of Old Saybrook (recommendation #2).    These provisions shall be incorporated into the Declaration for the development and shall be enforceable by the Commission in addition to the association of owners.  Additionally, no net increase in run-off on private property shall be created by the fill and construction proposed in this plan.  The plan as constructed shall comply with the evidence provided regarding quantity of flow at any given location along the property line.

3.              In accordance with the recommendation of  the Commission’s civil engineers (recommendation #5), sidewalks shall be extended along the entire frontage of the property.

4.              The use of any portion of the garage or crawl space located below elevation 11.0 MLS shall be restricted solely to parking, building access and limited storage with no mechanical equipment or utilities of any kind located below elevation 11.0 feet, including, but not limited to, water supply, heating, air conditioning, ductwork, electric, telephone, cable TV systems, or other service facilities, and specifically including all electric outlets and switches, furnace, hot water heater, fuel tank, washer, dryer, etc.  This provision and all terms of the flood permit approval shall be incorporated into the Declaration for the development and shall be enforceable by the Commission in addition to the association of owners.

5.              A swale shall be constructed along the easterly edge of the Property where it abuts Lighthouse Lane to assure that site drainage does not flow onto Lighthouse Lane.  The retention swale/basin on the westerly edge of the property adjacent to the Courtright property as shown on the February 2, 2007 plan revision shall be sufficient to retain the runoff from the first one inch of rain, and shall be inspected on an annual basis by a Connecticut Registered Professional Engineer hired by the Whittier Place Association, with the engineer filing a report of his inspection with the Zoning Enforcement Officer.   Any maintenance noted in such report, or otherwise observed by the Zoning Enforcement Officer, shall be completed within thirty (30) days of the Association’s report, or any notice from the Zoning Enforcement Officer, as the case may be.   This provision shall be incorporated into the Declaration.

6.              A split rail fence shall be placed to separate the conservation area from the remainder of the Property, as shown on the February 2, 2007 plan revision.  The Association shall maintain said fence, and this shall be indicated in the Declaration.

7.              The conservation restriction area, as shown on the Survey, shall be subject to a conservation easement restriction in substantially the form submitted by the Applicant at the February 5, 2007 hearing of the Commission, which conservation easement shall be subject to review and approval by the Commission’s legal counsel.

8.              The affordable housing units shall be distributed as follows: (a) the “low-low” unit, the price for which shall be set for income levels no greater than 60% of the State median income, shall be within the existing house on the Property.  This unit, which is the second floor unit, is presently shown as being a 1-bedroom unit, however the Commission acknowledges that it can be converted to a 2-bedroom unit within the parameters of this approval; The ground floor unit can not be expanded beyond one bedroom. (b) the “low” unit, the price for which shall be set for income levels between 60% and 80% of the State median income, shall be Unit #5 as shown on the map entitled “Site Layout and Landscaping Plan Whittier Place Conn. Route 154 / Main Street Old Saybrook, Connecticut Date: November 10, 2006 Scale 1" = 20', Sheet 2 of 6, Revisions: 12/12/06, 2/2/07.” (the “Survey”).

9.              Final approval of the septic systems for Whittier Place shall be required before any building permits are issued.  The five new septic systems (including the relocated septic system) must be approved by the State Department of Health, and may not require a substantial change to the amount of fill shown on the Site Development Plan, Sedimentation & Erosion Control Plan, Sheet 3 of 6 of the Survey.  Should the approved locations of the septic systems require the relocation of the proposed driveway, the conservation easement area or any of the proposed houses, approval for those changes must be obtained from the Commission in the form of a modification to the approved site plan.

10.             Per the request of the Old Saybrook Fire Marshal, the proposed new driveway shall consist of 17' of pavement, with a 3' load-bearing shoulder, for a total of 20' in width.  The driveway shall also be at an elevation equal to or above that of Main Street at the driveway intersection, so that if Main Street at the driveway intersection is passable during potential flooding, owners of the single-family homes will be able to reach it from their houses.

11.             The construction in the new houses shall be done in a manner that is “wet flood-proofed” per the building code, and using flood-resistant materials.  The buildings shall be constructed with flood venting.  Crawl-spaces shall be kept free of all mechanicals or other objects which would impair the flow of flood waters.

12.             The amount of limited common elements consisting of lawn areas for each of the units shall be consistent with the recommendations of the Architectural Review Board, and not less than the areas shown on Sheet 2 of the Survey, revised through February 2, 2007.

13.             The recommendations of the Architectural Review Board regarding windows on the gable ends shall be incorporated into the final building plans.

14.             The revised plans and other documentation shall be submitted for final review and approval for compliance herewith by the Commission prior to the issuance of a Certificate of Zoning Compliance, all or a portion of which may be delegated to staff.  All legal documents shall be to the satisfaction of the Commission’s attorney.  Final construction plans for a Building Permit, and the actual construction, shall be in strict conformity with the plans as revised through February 2, 2007, as modified and approved by the Commission.

15.             The applicant shall provide bonding in an amount satisfactory to the Town’s Engineering Consultant for the following purposes:

        1.      Landscaping, with such amount to be used to monitor and replace plants which have died off within the first year of planting;
        2.      Drainage and stormwater improvements;
        3.      Driveway improvements; and
        4.      Erosion and sedimentation control.

Dated at Old Saybrook, Connecticut, this           day of February, 2007.

                                                                                

P. Stuart was reseated.

VI.   PUBLIC HEARING
       A.   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

Matthew White addressed the commission as to the status since the last ZC Meeting.  He noted the easement that Attorney Ziska pointed out was missing will be added to the final plan.  He passed out a 8x11 copy of this change.
Mr. White pointed out that one of the trailers that is to be removed is for the disposal of cooking oils from Stop & Shop.  The applicant needs the use of this dumpster, but they will move the location against the building, and it will be enclosed.  A copy of this change was passed out to the commission.
Steve Brewer gave an update on landscape changes/additions.  Indicating location of shade trees being planted.  A total of 180 shrubs and 30 trees will now be added to this site.  
He presented the commission with a new plan for the façade and signage.  The new sign will include the Stop & Shop name in addition to Dunkin Donuts and People’s Bank.  No individual department signs will be listed.
Traffic consultant, Alan Mess responded to Bruce Hilson’s report. He gave an explanation why a traffic signal is not warranted at the intersection of Lynde/Elm Street.  Mr. Mess provided the commission with a written memo summarizing the traffic reports, dated 02/20/07.
Discussion was held with regard to the addition of sidewalks at this site, along Elm Street.
ZEO questioned Mr. White as to why the changes indicated this evening were not incorporated into the final plan.
Mr. White will update all changes onto master site plan.

Chairman Friedmann opened the hearing to the public.  No comments.
Noted that appropriate changes to plan would be condition of approval.
Confirmed that traffic report (response from Bruce Hilson) can still be received.
Commission requested Bruce Hilson response and Sidewalk Plan be available for review.

MOTION to close Public Hearing,  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 MADE by P. Stuart; 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.

P. Stuart left the meeting at 8:50 p.m.


VII.  DISCUSSION:
            AFFORDABLE HOUSING DEVELOPMENT:
            North Main St., Map 39, 40/Lots 9, 3 6-1, B-2 District
            Applicant:  Jandim Realty Co., Inc.                  Agent: Attorney Michael Ziska



Attorney Ziska introduced John Schipe, and Andy Montelli of Fairfield Residential, and Rob Pryer and Stu Fairbanks, engineers for the project.

A. Montelli gave a brief review of the history of their company, which develops, builds and manages properties throughout the country.  He noted this plan is quite similar to the previous plan; the parameters fit into the stipulated judgment.
J. Schipe reviewed with the commission both an aerial photo of the site, along with all the new proposed plans, noting the changes:
-Decrease from 204 to 186 units
-Moving clubhouse and mailbox station to end of 1st residential building.
-New plans have 93 2-bdrm. and 93 1-bdrm. units (from previous 137 2-bed, 49 1-bed).
-Noted this change results in 20 fewer parking spaces required.
-Second bath added to 2 bdrm. Units.  This change minimally changes footprint.
-Emergency access/easement located via Burger King and Grouse Perch.  Per Mr. Schipe, the Fire Marshal has issued letter approving these easements.
-Slight changes to architectural design.  Prominent feature added to gable ends for detail.
-Addition of traffic island.
-Eight foot solid fence along No. property line
-Increased roof pitch on garages.
-Pending DEP permit.  No further DEP review required.
-No height changes.  
-Condenser units to be screened and hidden by landscaping.  Applicant will show this on plans.
-Plans will also indicate gazebo revisions.

Questions from commission if access/easements increase either Burger King, or Grouse Perch’s non-conformity.  Commission would like documentation of this. Engineer, R. Pryer stated neither property would lose any parking or green space.
Commission raised concern with moving mailbox location to main entrance due to congestion/traffic.  Applicant will adjust on plans.
This plan includes 25% affordable housing.  Attorney Ziska advised commission they would consider more affordable units if commission feels this is a plan they may seriously consider.
Discussion held on number of units.
E. Steffen raised concern with 3rd floor access for disabled and emergency situations. Mr. Schipe stated all ADA issues have been complied with in the building code.
Mr. Schipe presented the commission with an overlay plan, indicating all the changes made.
R. Friedmann advised these differences indicate a change in the stipulated judgment with regard to site layout and building coverage.

Ancient cemetery, bordering the site was noted.  Applicant has added a 50 foot setback to the plans.
Commission advised applicant that discussion will continue at March 5, 2007 ZC Meeting, to be held at the Pasbeshauke Pavilion.

Elizabeth Swenson instructed Attorney Ziska to attend the next ARB meeting for their review. Attorney Knapp informed Ms. Swenson that this was a discussion regarding compliance of conditions related to a Superior Court Judgment and that the applicant did not have to go to ARB unless the applicant chose to.  Ms. Costa informed that the next ARB agenda was closed for a workshop.  The applicant advised Ms. Swenson that they would forward a copy of the plan to ARB as a courtesy but would not attend the meeting.

VIII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS

1. ZEO Costa advised commission to expect application for ping-pong hall.
2.  Request from Max’s Place for Ordinance 71 estimates.
3. Shoreline Landscaping would like larger area for their office space that was approved at last ZC meeting.  Commission increased to 12x14.
4.. Torrence Downes acting ZEO for ZBA case that C. Costa recused herself from.
5.  Pending litigation on Stark, LeMarco, and Carisma properties all progressing.

IX.  ADJOURNMENT

Chairman Friedmann adjourned the meeting at 10:45 p.m., until the next regularly scheduled meeting to be held on Monday, March 5, 2007 at the Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension at 7:30 p.m.


Respectively submitted:



Maura Farbotka, Recording Clerk