Monday, May 21, 2007 7:30 p.m.
Pasbeshauke Pavilion
Saybrook Point Park
155 College St., Ext.
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 none
Elizabeth Steffen, Vice Chairman
Walter Harris, Secretary
Madeleine Fish, Regular Member
Paula Stuart, Regular Member
Geraldine Lewis, Alternate Member
Charles Sohl, Alternate Member
Arcangela Claffey, Alternate Member
Attendant Staff
Chris Costa, ZEO
Eric Knapp, Legal Counsel
Maura Farbotka, Recording Clerk
III. REGULAR BUSINESS
A. Minutes.
MOTION to approve the minutes of May 7, 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
MOTION to pay Branse, Willis & Knapp, LLC invoice #15472 for $58.00; 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.
IV. PUBLIC HEARING:
A. SPECIAL EXCEPTION USE APPLICATION – CZC #07-056
Add 1200 cubic yards of fill, 153 cubic yards of topsoil, and 86 cubic yards
of gravel for driveway relocation – 7 Fox Hill Rd., Map 51/Lot 15, AA-1 Zone
Applicant: Sven Brygger
Mr. Brygger addressed the commission, explaining he brought in fill to relocate his driveway, and to make it level with the road and current garage. Numerous trees and shrubs cut, (11/05). Fill brought in 1/07. Has added woodchip berms and silt fencing to help avoid run off into neighbors’ yards.
Commission discussed G. Jacobson’s 05/09/07 letter, and reviewed maps and photos provided by Mr. Brygger. Reference to recent heavy rain storms. There is currently only fill on property, no top soil or gravel.
Hopes to @ some point construct new garage. Advised by Commission to consult with engineer to avoid further problems. Commission noted complaint from neighbor that fill is causing problems on his property.
Mr. Brygger is presently proposing gravel driveway. Chairman Friedmann commented that the applicant has to stabilize the area there, and proceed with grading to comply with regulations in such a way that he is not dumping any more water across the property line than ever happened before the fill was brought in.
Chairman Friedmann opened hearing to public; none.
ZEO noted favorable reports from Planning Commission, Health Department, Fire Marshal, and Building Department. Building Inspector, Don Lucas, stated in his 04/13/07 memo that if the new garage is constructed, precautions would be necessary to provide for adequate and suitable foundation on the fill material.
Chairman Friedmann discussed with Commission G. Jacobson’s 05/09/07 letter and if they want to incorporate any of his suggestions. E. Steffen noted if no grass is to be planted; G. Jacobson suggested slope stabilizing mix. Erosion control blankets and mulch to hold everything in place.
MOTION to close public hearing 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: 5-0-0.
MOTION approve the SPECIAL EXCEPTION USE APPLICATION – CZC #07-056; to add 1200 cubic yards of fill, 153 cubic yards of topsoil, and 86 cubic yards of gravel for driveway relocation; 7 Fox Hill Road, Map 51/Lot 15, AA-1 District; With the following conditions: 1. That project be done as quickly as possible, 2. That the land be leveled, 3. The applicant put in fertilizer with lime and seed it with a slope stabilization mix to be applied at the rate of 5 lbs per 1000 s.f., 4. Cover the slopes with erosion control blankets, and the rest of the area with straw mulch, 5. The proposed driveway be made of pervious materials, as per G. Jacobson’s 05/09/07. MADE by E. Steffen; SECONDED: by M. Fish; DISCUSSION ON THE MOTION; W. Harris raised concern over slope, labeled G3
on west side of property, discussion clarified need for slope. VOTING IN FAVOR: R. Friedmann, E. Steffen, M. Fish, P. Stuart; OPPOSED: W. Harris; ABSTAINING: none; APPROVED: 4-1-0.
B. 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 Agent: Attorney David Royston
Attorney David Royston addressed the commission, noting that the 11 x 17 plans are missing A5 (architectural footprint), and SL-3 (part of lighting plan). Mr. Royston gave a thorough review of the history of the project and the current site plan, and the changes that were made to it. He wanted to note again the town’s approval for the proposed supermarket at the 2005 referendum. He pointed out the applicant/experts numerous meeting with the town staff. There have been over thirty meetings before the Town Agencies and Boards with preliminary plans. Mr. Royston noted after the 2006 Zoning Commission denial, the applicant looked at issues raised. Max’s Place has now applied for a reduced project. He pointed out this plan does not include anything on Boston Post Road side, but that
this is not being considered for open space. If an application comes in for this area, applicant will have to go through the complete regulatory process for approval. Mr. Royston stated this new plan reflects a “small town” concept. He noted the recent positive referrals from the planning commission and the ARB. There are numerous reports still outstanding.
As per the ZEO’s request, there will be a separate statement of use for the grocery store and each additional retail store.
David Ziaks, project engineer with F.A. Hesketh, addressed the commission with regards to the new application; MA-1 was reviewed. Parking was discussed at length. Mr. Ziaks broke down parking figures for paved, reserve, employee parking, and cart corral locations. Chairman Friedmann noted some incorrect numbers on parking figures. Applicant will have corrections made. Loading areas indicated. None included in parking spaces count.
Landscape plan discussed; includes 90 shade trees and 60 ornamental.
Reviewed extensive pedestrian access routes and sidewalks. Described detention pond #2 to include gazebo and pedestrian sidewalk.
All lighting plans were reviewed (SL-1 & SL-3). All lighting shielded and dark sky compliant. All will be on time mechanism, to be shut off one hour after closing.
R. Friedmann noted correction needed on lighting near streets.
Mr. Ziaks discussed storm water drainage. He explained this is the same plan that was approved by the IWWC. Three detention ponds. Reduced square footage of buildings, but no reduction in detention facilities. Mr. Ziaks referred to M. Balint’s 05/21/07 memo (from the OLISP); that proposal meets all DEP requirements.
Traffic improvements reviewed, including proposed traffic lights. Mr. Ziaks noted new plan should generate about 15% less traffic. An application has been filed with the state traffic control and is currently under review.
Bulk of handicap parking now to be located at the main entrance.
Headlight glare issues discussed; all glare to be adequately buffered.
Pat Moore, an architect with Pepin and Associates, gave a thorough review of all architectural plans. Discussed elevations, signage and height of buildings. Reviewed buildings bordering Spencer Plains Road. He submitted to commission a tentative revision for building C (Bed, Bath and Beyond), as per planning request. Has not confirmed revisions with proposed tenant.
Mr. Moore clarified cupola is not habitable space. Coverage calculations discussed. Attorney Royston/David Ziaks confirmed all the overhangs have been included in the coverage calculations; with the exception of a small portion of walkway going through the gazebo. (Gazebo has been included). Correction will be made.
Chairman Friedmann noted on page A-6, retail building should be marked “C”, not “F”.
W. Harris questioned location of septic treatment building. Mr. Moore will clarify.
Discussion held with commission and Attorney Royston with regard to signage located on stonewalls and interpretation of regulations. P. Stuart questioned food service and seating area. Mr. Moore clarified this is part of grocery store use. The outside general seating area is not for any particular business.
R. Friedmann raised question on plan A-5. Attorney Royston stated plan needs to be corrected; that it does not include the 1000 s.f. mezzanine. Attorney Royston did note, however, that all parking calculations have included the mezzanine.
G. Lewis left meeting at 9:39 p.m.
Discussion held with regard to the lots mentioned in the 04/12/07 statement of use. Attorney Royston clarified 8 lots will be merged and the ninth, due to restrictions, is not being used. All nine lots are included on the survey map.
Attorney Knapp clarified that lot 16 is not contiguous to, and not being merged with the other lots. It is being treated as a separate lot for the purpose of this application.
Per Attorney Royston, lots set up as per Coastal Area Management. Entire development is subject to CAM because of Detention basin 16.
Chairman Friedmann questioned status of Ordinance 71 fees. ZEO Costa confirmed all fees paid.
Chairman Friedmann opened hearing to public (9:45 p.m.)
Jane Steltenpohl questioned Chairman on procedure for obtaining expert reports. Mr. Friedmann advised reports can still be received while the public hearing remains open.
Speaking in favor of project:
-James Keating, Chairman for the Economic Development Commission whole -heartedly supports application. Tax, employment benefits in addition to plan being consistent with Old Saybrook’s characteristics. Noted 2005 referendum and urges commission to act and approve.
-Howard Huelsman of 51 Cypress Road. Supports project; feels detention pond will only improve current site, and water conditions.
-Bob MacDonald of 4 Fox Hollow Road. As member of EDC and OS resident concurs with J. Keating’s comments regarding tax and employment benefits of project.
-Donald Brooks, Sr., of 7 Birch St. Stated applicant has done everything to work with the town, to make this a plan that can work. Feels supermarket and entire plan is benefit to town.
-Phillip Robothman of Indiantown. Strongly supports project. Agrees with Mr. Brooks’ comments that applicant has complied with everything to make plan work.
-Matthew Rubin of 175 Ferry Road. Agrees with J. Keating, is however concerned with losing CRW as a bypass road. Read letter into record, dated 05/21/07, questioning status of CRW Road purchase.
Speaking against project:
-Steve Patterini of 27 Chalker Beach Road. Impacted by light, noise, traffic and drainage.
-Tony Basewicz, 1 Park Avenue. Wants supermarket, but would like traffic plan to go further for safety reasons.
-Sharon Rizicki of 6 Orchard Lane. Concerned with traffic and filing of application to STC.
-Gloria London of 16 Aladdin Ave. Numerous concerns, but water/drainage issues are her major concern
Chairman Friedmann reminded the public this is not only a plan for a grocery store, but a full retail development.
Chairman Friedmann noted a full set of plans will be made available for review at the Acton Public Library. Plans are always available for review at the Land Use Department, Town Hall.
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; to the next regularly scheduled meeting to be held on Monday, June 4, 2007 at the Pasbeshauke Pavilion, 155 College Street Extension, at 7:30 p.m.
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: 5-0-0.
V. OLD BUSINESS:
DISCUSSION (Cont’d.):
Zoning Commission list of priorities for possible amendments to the zoning
Regulations.
The Zoning Commission continued their discussions on possible amendments to the regulations.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
Continuation of Discussion re: Reoccurring Zoning Violations:
The Zoning Commission discussed with the ZEO reoccurring zoning complaints at Oceanside Auto, 810 Middlesex Turnpike and the Ibbitson/Williams matter at Hilltop Drive. Attorney Knapp informed the Commission that since Zoning is discretionary that the Commission could direct the ZEO not to enforce low priority zoning matters. The Commission discussed the following never-ending zoning matters that they do not feel would be the best use of limited resources to refer the matters for legal action. Attorney Knapp advised that neighbors could initiate private civil suits for lack of zoning compliance and nuisance issues.
Oceanside Auto, 810 Middlesex Turnpike – The Commission determined that compliance relating to cars being parked over a residential zone line is lacking and that there is not much more the ZEO can lawfully do despite continued complaints. The Commission determined that the continued lack of compliance by Oceanside and years of ZEO responses to calls and use of other resources is not the best use of the ZEO’s time and other resources to the Town of Old Saybrook. Repeated responses to repeated complaints appear unlikely to effect change and the ZEO should be occupied with other matters and give this matter the lowest priority in her enforcement workload.
Ibbittson/Williams – Hilltop Drive – The Commission determined that complaints regarding traffic, parking of business vehicles, lack of established lawn, etc. are lacking and there is no
more the ZEO can lawfully do despite continued complaints. The Commission determined that the repeated response of the ZEO and use of other resources is not the best use of the ZEO’s time and other resources to the Town of Old Saybrook. Repeated responses to repeated complaints appear unlikely to effect change and the ZEO should be occupied with other matters and give this matter the lowest priority in her enforcement workload.
The Zoning Commission concurred that Chris Costa has performed her job duties to the extent that would normally have resulted in compliance or considerable progress in that direction for both the Oceanside and Hilltop Drive matters. The Commission recognized Ms. Costa’s extensive zoning workload in addition to her acting as Inland Wetlands Officer for the past eight months. The Commission directed Ms. Costa to make both of these matters the last priority on her list of enforcement matters.
Other Staff Reports:
-Estuary Center requesting trailer for 2 months to sell used furniture for their Thrift Shop. Commission advised okay to handle administratively, but permit must be obtained.
- Outdoor seating renewals received from Fiore’s Pizza and Jack’s at Harbor One.
-40 Elm Street. Property sale; to convert from residential building, to all commercial; would reduce non-conformity. Ok for ZEO to handle administratively.
-Bessoni, 90 Ingham Hill Road. Problems with building # 3. Mr. Bessoni wants to reduce its size; Doors/windows have changed and landscape is now interfering with parking, turning. ZEO to meet with Stu Fairbank. Large amount of construction materials on property. ZEO discussed possibility of allowing outdoor storage; 6 foot high, enclosed to screen materials. It was agreed Mr. Bessoni should come before the Commission.
VII. ADJOURNMENT
Chairman Friedmann adjourned to meeting at 11:00 p.m. until the next regularly scheduled meeting to be held on Monday, June 4, 2007 at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension at 7:30 p.m..
Respectively submitted:
Maura Farbotka, Recording Clerk
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