MINUTES
Monday, June 18, 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.
Chairman Friedmann noted that the gravel pit inspections were held prior to the beginning of this meeting.
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 Absent Staff
Chris Costa, ZEO none
Eric Knapp, Legal Counsel
Geoff Jacobson, Town Engineer
Kati Drzewianpwski, Enginner w/ Jacobson & Assoc.
Maura Farbotka, Recording Clerk
III. REGULAR BUSINESS
A. Minutes
MOTION to approve the minutes of June 4, 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
E. Steffen questioned invoice #15713, which she states should be sent to the planning commission.
MOTION to pay Branse, Willis and Knapp, LLC., invoice #15722 in the amount of $435.69, invoice #15724, in the amount of $9.00, invoice # 15717 in the amount of $565.50, invoice # 15720, in the amount of $29.00, and invoice #15716 in the amount of $174.00 for a total of $1212.19; 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.
IV. 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 discussed the additional documentation received since the 06/04/07 meeting. Submitted for the record revised site plans (full size and 11x17), showing minor changes relating to comments from the Commission at the 06/04 meeting. The plans also incorporate comments in G. Jacobson’s 6/4 report.
Attorney Royston noted the plans submitted (dated 06/14/07) include all pages of the application; showing all revisions made throughout the public hearing.
Attorney Royston submitted an amended statement of use, dated 06/18/07, and reviewed the changes listed; including:
-correction on Bath, Bed & Beyond sign
-defined area “North of Boston Post Road”
-clarified details of the DEP approved Zenon System. Discussed specific requirements that the applicant has incorporated into the Statement of Use regarding the system.
Chief Mosca’s 6/12/07 letter and recommendations were noted.
Attorney Royston discussed the intervention filed by Mr. Ralph Gometz, and the testimony of Pricilla Baille at the 06/04/07 ZC meeting. Several of her points in her testimony/report were questioned. Attorney Royston submitted a letter for the record, dated 06/18/07 regarding the two interventions filed, and previous Supreme court rulings on the topic.
David Ziaks of F.A. Hesketh reviewed some of the changes on the revised plans:
-He noted the handicap parking was changed as per the commission’s request on 06/04/07.
-There have been some lane arrangements on Spencer Plain’s Road.
-Erosion control/technical comments all addressed in plans.
Mr. Ziaks questioned some of the statements made in the 6/4/07 intervention filed by Mr. Gometz.
Mr. Ziaks clarified the reason for the elimination of a rain garden is due to a decrease in parking with this new application.
Discussion held with regard to the storm water management; Mr. Ziaks indicated that they have communicated with the Army Corp of Engineers; however are satisfying all town requirements first.
Mr. Ziaks wanted it clarified that they are not repairing, but replacing the Tidal Gate; noting that an updated version is needed. He discussed the culvert pipe and the discrepancy in its size. (18” vs. 24”). The reduction in size could be a contributing factor in the drainage/water issues in the Chalker Beach area. Mr. Ziaks submitted a Pond Report for the record, noting a reduction in flooding time.
P. Stuart questioned the engineering report and some of its facts regarding a 25/50 and 100 year storms. E. Steffen noted a computer program would not factor in wind conditions.
Attorney Royston noted for the record that the Inland Wetlands Permit issued for this application indicates that the existing condition could be improved by what the applicant has proposed. He stated the permit did not require that the tide gate be replaced, but the applicant has made this commitment.
Maureen Dunn, a Chalker Beach resident clarified for Attorney Royston that the culvert is not owned by Chalker Beach, but is town owned.
Robert Sinikson gave a thorough review of the Zenon waste water disposal system, and its performance. He noted it is the only DEP approved wastewater system. He disputed a point made stating the water was not suitable for drinking. He clarified this was not an operational issue, but human error of something disposed of in the wastewater. This system will meet and exceed drinking water standards. A report on the Zenon system was submitted into the record.
C. Friedmann noted reports received from the O.S. Town Planner, Westbrook Town Planner, the Intervention filed by M. Rubin, and letters/petitions from residents.
Chairman Friedmann opened the hearing to the public at 8:55 p.m.
Speaking in favor of the project:
-Donald Brooks of 7 Birch Street. All residents to benefit with tax and employment. Applicant has done everything to work with town.
-Robert MacDonald of Fox Hollow Road. Project supported by all agencies and commissions, and is a benefit to the town.
-George Prute of Chalker Beach neighborhood. Applicant would be good neighbor to
the town.
-Howard Huelsman of Cypress Road. Raised question of recent intervention filed by Matt Rubin. Attorney Knapp clarified and explained to audience what the intervention means to this application.
-Susan Bulton of 174 Boston Post Road. Feels emergency vehicles would be able to get to site. Traffic is not as great an issue as in other parts of the state.
-George Gwizd (Vice Chairman of the WPCA). With regards to topic of sewers: Still trying to obtain grants to reduce cost for homeowners. Supports commission, and urges approval.
-Doris Zumbroski. Good plan from applicant. States something will eventually be built there, and this plan has the best proposal.
Speaking against project:
-Marshall Sahn of Chalker Beach; concerned with water and traffic issues.
-Maureen Dunn, a Chalker Beach resident. Ms. Dunn questioned Rob Sinikson who spoke of the design of the Zenon system. Raised concern with employees of proposed grocery/retail stores w/ improper dumping of chemicals, etc. Mr. Soniks explained there is an exclusive tank set up for the disposal of contaminated water. The system has a number of fail safe systems. Raised question about problems from system installed at Westbrook Outlet Stores.
*Commission Member C. Sohl questioned Mr. Soniks about failure of pumps. Pumps have back up generator power, in addition to 2 pumps in every chamber.
-Roberta Smith of Chalker Beach read a letter into the record, dated 06/18/07, and submitted 7 8 x 10 photos of flooded neighborhood.
-Bernard Lurie read portions of a newsletter from NASA titled “Urban Sprawl: The Big Picture”; submitted into record.
-Bob Day of 211 Schoolhouse Road. Mr. Day stated traffic is already a problem along route 1, and this would bring only additional problems. He felt property values could be affected.
-Mr. Redack concerned with traffic and flooding.
-Brian Lewis of 46 Chalker Beach Road questioned Mr. Ziaks on criteria used to identify 3 properties contacted by applicant. Mr. Ziaks clarified.
-Dr. Pricilla Baille urged the commission to read her newsletter submitted from the Nature Conservancy. Project would require full time maintenance operator and daily supervision for water system. Ms. Baille questioned the reporting procedures for the water system, and the amount of time between each report. She approves of the applicant’s plan to improve the tide gate. Ms. Baille addressed the issues previously raised by Attorney Royston.
-Richard Foster of Chalker Beach raised water concerns, along with increased growth of phragmites.
-Ken Swanson of Saye Street stated his property which is adjacent to wetlands already has massive flooding.
-Val Patterini of Barnes Road raised traffic concerns.
MOTION to close Public Hearing; 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; 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.
Chairman Friedmann confirmed with Attorney Knapp that the Commission has 65 days to make a decision.
V. OLD BUSINESS:
A. DISCUSSION: Gravel Pit Inspections – Renewal of Permits
Arangela Claffey will be seated for M. Fish; C. Sohl will be seated for G. Lewis.
1. B&L Construction, Middlesex Turnpike, Map 63/Lot 3
MOTION to renew gravel pit permit to B&L Construction; MADE: by E. Steffen; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, C. Sohl, A. Claffey; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
2. Pointkowski, Middlesex Turnpike, Map 52/Lot 32
MOTION to renew gravel pit permit to Pointkowski; MADE: by R. Friedmann; SECONDED: by E. Steffen; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, C. Sohl, A. Claffey; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
3. Dibble, Ingham Hill Road, Map 35/Lot 7
W. Harris questioned some of the figures reported. Commission discussed, but noticed no proof that numbers are incorrect.
MOTION to renew gravel pit permit for Dibble; MADE: by R. Friedmann; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, C. Sohl, A. Claffey; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. Zoning Commission List of Priorities for Possible Amendments to the
Zoning Regulations (Cont’d.)
Commission agreed to continue to the next meeting on 07/02/07.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
- Sandpiper Inn would like to add small 422 s.f. breakfast area. Commission confirmed coverage and setback numbers, and gave okay for ZEO to handle administratively.
- Outdoor seating renewal received from Starbucks.
-Commission acknowledged receipt of letter received by Commission Members from William Tooker of 836 Middlesex Turnpike; no action to be taken.
-Proposed new restaurant called La Piazza (formerly McNulty’s). Commission discussed; determined to be use to use. Okay for ZEO to handle administratively.
-Board of Education adding awning over door. (no lettering, no signage).
-ZEO Costa gave update on Dirt, LLC. Mr. Van Epps and Mr. Burdick are making progress in clearing and removing items from their property. ZEO will continue to closely monitor.
-Discussion about planned 160 foot Communications Tower for the OS Police Department. Discussion about property. Commission noted prior to any final inspection or CO issued, the former Park and Rec trailer would have to be removed.
-Discussion about Computer Signs. Commission instructed ZEO Costa to send an updated letter indicating they have 30 days to be compliant, or a Cease and Desist is to be issued.
- Discussion held w/ C. Costa and Commission about new initiatives for enforcing no A frame signage. The Commission suggested that once a plan is agreed upon, that notice be sent to the Chamber of Commerce, Main Street Businesses, and possibly a press release.
MOTION to approve payment to CRERPA in the amount of $1000.00; for payment to Torrance Downes, Acting Zoning Enforcement Officer; MADE: by E. Steffen; SECONDED: by P. Stuart; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, E. Steffen, W. Harris, P. Stuart, A. Claffey; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VII. ADJOURNMENT
Chairman Friedmann adjourned to meeting at 10:55 p.m. until the next regularly scheduled meeting to be held on Monday, July 2, 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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