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ZC Meeting 060407
 MINUTES
Monday, June 4, 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 7:31p.m.

Chairman Friedmann noted due to weather, the rescheduling of Gravel Pit inspections until the Zoning Commission June 18, 2007 meeting.

II. ROLL CALL

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

III. REGULAR BUSINESS
     

       A.  Minutes.



MOTION to approve the minutes of May 21, 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, Madeleine Fish, P. Stuart; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.


      B.  Correspondence

Copy of recent suit filed against Dirt, LLC.  The remainder of correspondence to be handled under staff reports.

IV.  DISCUSSION: Proposed Text Change to Auto Uses – Christopher Morano

Attorney Morano, representing ECS gave a review of the type of business his client operates in an I-1 District.  The sale of construction vehicles requires a Used Dealers License, which is not permitted in the I-1 zone.  Attorney Morano is looking for a change in the zoning regulations to allow these minimal sales.  Discussion held with Commission, Mr. Morano and Attorney Knapp regarding how sales would be controlled/monitored.  Attorney Morano was advised he could bring a site plan/Special Exception application to the commission.

V.   DISCUSSION:  Rentals and Sales of Mopeds & Scooters, 1271 Boston Post Rd
                                Big Pop Cycles, LLC                                       Bernard Donihee

Mr. Donihee of Big Pop Cycles is looking for seasonal sales/rental of approximately 10 scooters with out-door display from April through September.  The Commission advised Mr. Donihee that a Special Exception Application is required, that adding this use is not permitted in his district.

VI.  PUBLIC HEARING:
      A. SPECIAL EXCEPTION USE APPLICATION/CSP REVIEW (Cont’d.)
          One-story Big Y Grocery Store (67,693 s.f.) and three one-story retail buildings
          (total of 39,500 s.f.), Boston Post Rd./Spencer Plain Rd./Center Rd., W.
          Map 25/Lots 28, 29, 30, 32, 32-1, portion of Center Rd., W.
          Map 26/Lots 2, 6-10, 6-11, 6-12 and 6-16, B-4 District
          Applicant:  Max’s Place, LLC                            Agent:  Attorney David Royston

Attorney Royston summarized developments since the 05/21/07 public hearing.  He clarified the CRW purchase, in a memo from First Selectman, Michael Pace, dated 06/01/07.
Attorney Royston reviewed the Amended Statement of Use, dated 06/04/07.  He noted an error on the first page, and submitted a new page 1 to the commission.
Other changes in the statement of use include:
-A reduction of the square footage of building C, due to an enlargement of the septic treatment building.
-Curb cuts along Boston Post Road, as per planning recommendations.

-Parking spaces reduced (due to decrease in Square Footage)
-Confirmed STC application has been submitted.  In addition, he noted the applicant/developer would fund any signalization.  If not approved by the STC, these funds to be put into escrow for 5 years.
-Per Mr. Ziaks, all concerns raised by Fire Marshal have been addressed in the revised plans.
(Confirmed in D. Dobson’s 06/04/07 e-mail).

Chairman Friedmann requested clarification of phrasing in Amended Statement of Use, stating “portion of site North of Boston Post Road”.
Traffic information discussed, including clarification of trips/visits.
There will be no signage on cupola, or stonewalls.
Attorney Royston confirmed all sign details are part of Special Exception.

Patrick Moore gave a review to the commission of all signage, discussing changes made as a result of the 05/30/07 ARB meeting, noting all signs are now in compliance.
He confirmed all lights would be on timers.

David Ziaks discussed the revised plans that were submitted 06/04/07.  He indicated the location of the treatment building, now in the back corner of Building C.  
Geoff Jacobson’s 06/04/07 letter was discussed in addition to Stormwater Drainage.  Mr. Ziaks noted Storm Water will be equal to or less than after development.  He also referred to E-mail received from Marcia Balint to ZEO Costa, dated 05/21/07, which noted that Max’s Place proposal meets all the DEP requirements.
Chairman Friedmann question the 3 asphalt ramps.  Mr. Ziaks will revise and incorporate a sidewalk/paver system.

Bruce Hillson discussed changes and improvements are more than adequate, especially considering the decreased square footage of this application.  He did note that if the STC does not approve signalization, additional traffic correction/work would be required.  This would include widening of roads, and double left turns.
M. Fish questioned if signalization could be condition of approval; Attorney Knapp stated this is not possible.  
Attorney Knapp suggested if application is approved, any traffic corrections could be made when phase 2 is proposed.
Bruce Hillson offered to contact STC, and to keep commission apprised of developments during the application process.
Scott Heskith advised the commission that this application has met 3 of the 4 traffic warrants required by the STC for signalization.

Chairman Friedmann opened the hearing to the public.

Speaking in favor of project:
-Jean Castagno of 75 Fenwood Rd.  Noted tax and employment benefits; discussed water drainage.
-Howard Huelsman of 51 Cypress Road.  Strongly supports project.  Submitted letter along with signatures of 250 residents in favor of project.
-Phillip Robotham of Indiantown.  Supports developer who has gone over and above working with town to make plan work.
-Peggy Viggiano.  Mrs. Viggiano lived/worked at intersection of Spencer Plains/Boston Post Rd.  Applicant has addressed all issues.
-Donald Brooks of 7 Birch Street.  Confirmed with Attorney Royston the approval from all other commissions.  Urges zoning commission to act and approve.
-Kenneth Capano of 6 Trails End, and owner of two supermarkets.  Applicant would be great employer for town; noted plan of conservation and development.

Speaking against project:

-Ms. Cohen of 75 Chalker Beach Road, and owner of property at 20 Soundview.  Concerned with water/drainage issues.
-Dr. Pricilla Baily; contacted by Mr. Ralph Gometz.  Discussed findings of her report with the commission with regards to the impact Downstream Environmental Impacts to Chalker Beach Tidal Wetlands and Tidal Flats.  Also discussed the reliability of the proposed Zenon Septic System.  Submitted report into exhibit.
-Bernard Lourie of Saye Street.  His main concerns are with water and drainage.  Urges commission to deny this application.
-Mary Clark.  Concerned with impact to well.
-Jane Steltenpohl.  Addressed commission with concerns of traffic, water and emergency access.  Submitted letter against project containing 23 signatures.
-Joan Lewis, of 46 Chalker Beach Road.  Water, traffic issues.  Would like to see Saybrook remain small, and keep large developers away.

E. Steffen noted the number of voters for the 2005 referendum.

MOTION to continue SPECIAL EXCEPTION USE APPLICATION/COASTAL SITE PLAN REVIEW One-story Big Y Grocery Store (67,693 s.f.) and three one-story retail buildings (total of 39,500 s.f.), Boston Post Rd./Spencer Plain Rd./Center Rd., W.
Map 25/Lots 28, 29, 30, 32, 32-1, portion of Center Rd., W.; Map 26/Lots 2, 6-10, 6-11, 6-12 and 6-16, B-4 District; Applicant:  Max’s Place, LLC  to the next regularly scheduled meeting to be held on Monday, June 18, 2007 at the Pasbeshauke Pavilion, 155 College Street Extension, at 7:30 p.m. MADE: by W. Harris; 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 add Executive Session, under item VII (to replace Discussion of Gravel Pits); MADE: by M. Fish; 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.

VII.  EXECUTIVE SESSION

Executive Session began at 10:10 p.m., and closed at 10:29 p.m.  There were no votes taken, and no motions made during this session.


VIII.   OLD BUSINESS:
           A.  Zoning Commission List of Priorities for Possible Amendments to the
                 Zoning Regulations (Cont’d.)

  Commission agreed to continue to the next meeting on 06/18/07.

IX.   COMMITTEE, REPRESENTATIVE  & STAFF REPORTS

-Estuary Transit District: Approved as long as there is no servicing of motor vehicles on property.
-Letter received from Wagner Engineering dated 05/14/07 regarding wastewater treatment for the Stop and Shop project.  Ok for the ZEO to handle administratively.
-Guilford Savings Bank:  Request for partial return of bond. Ok to release fencing bond in the amount of $11,385, and fence gate bond in the amount of $500 for a total of $11,885. Commission to retain remainder of $20,715 for second year growth.

X.   ADJOURNMENT

Chairman Friedmann adjourned to meeting at 10:39 p.m. until the next regularly scheduled meeting to be held on Monday, June 18, 2007 at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension at 7:30 p.m.

Respectively submitted:



Maura Farbotka, Recording Clerk