MinutesRegular Meeting
Tuesday, February 19, 2008 at 7:30 p.m.
First Floor Conference Room, Town Hall
302 Main Street
I. CALL TO ORDER
Chairman Robert Friedmann called the meeting to order at 7:30 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman Walter Harris, Secretary
Madeleine Fish, Vice Chairman Geraldine Lewis, Alternate Member
Paula Stuart, Regular Member
Carl Garbe, Regular Member
Charles Sohl, Alternate Member
John Duhig, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Maura Farbotka, Recording Clerk
Alternate Member John Duhig was seated for voting.
III. REGULAR BUSINESS
A. MINUTES
MOTION to approve the minutes of the February 4, 2008 meeting as submitted; MADE: by R. Friedmann; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, P. Stuart, C. Garbe, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. CORRESPONDENCE
MOTION to pay Nathan Jacobson & Associates, Inc. invoice # 14202 in the amount of $1,307.96; MADE: by M. Fish; SECONDED: by R. Friedmann; DISCUSSION ON THE MOTION: ZEO Costa informed the commission these bills relate to older flood plain reviews, files that can now be closed. VOTING IN FAVOR: R. Friedmann, M. Fish, P. Stuart, C. Garbe, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Nathan Jacobson & Associates, Inc. invoice # 14206 in the amount of 322.75; MADE: by M. Fish; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, P. Stuart, C. Garbe, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Branse Willis & Knapp invoice #17530 in the amount of $29.00, #17531 in the amount of $87.00, and # 17533 in the amount of $29.00; MADE: by R. Friedmann; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, P. Stuart, C. Garbe, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Chairman Friedmann informed the commission he directed a letter to Harbor Motors informing the business of Section 64, sign regulations. In this letter, R. Friedmann advised Mr. Fiore that the town’s zoning regulations only allow for banners/signs to be hung for up 15 days, with no more than 45 days a year. No application for this signage/banners has ever been received.
IV. DISCUSSION
A. Annual Renewal—Old Saybrook Farmer’s Market
210 Main Street, Map 37/Lot 131 Applicant: Chris Bassette
Chris Bassette was present representing the Old Saybrook Farmer’s Market. She explained to the commission that the market has been in operation in Old Saybrook for 9 years, and is certified by the Ct. Department of Agriculture. It works and accepts the WIC and different senior programs, and is one of the state’s largest farmer’s markets. Items are Ct. grown or made. Chairman Friedmann questioned some items for sale including flip-flops, and acrylic blankets, and other items with logos on them. After further discussion with the commission, Ms. Bassette agreed she would insure these items not made/grown in Connecticut would not be sold at the market.
M. Fish questioned the days of operation. The market will open this year the last weekend in June, and will close the last Wednesday of October. She also requested two additional days of operation; the Tuesday before Thanksgiving, and the Tuesday before Christmas.
MOTION to approve the annual renewal of the Old Saybrook Farmer’s Market for the dates June 28, 2008 to October 29, 2008; in addition to approve the dates of November 25, and December 23, 2008 for special events; MADE: by M. Fish; SECONDED: by R. Friedmann; DISCUSSION ON THE MOTION: Ms. Bassette said if there is any question of an item to be sold at the market, she will discuss with ZEO Costa; VOTING IN FAVOR: R. Friedmann, M. Fish, P. Stuart, C. Garbe, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
V. COASTAL SITE PLAN REVIEW APPLICATION
Demolish/rebuild residence (2,392 s.f.) – 75 Plum Bank Rd., Map 6/Lot 9, A District
Applicants: Louis and Linda Kessleman
Mr. Kessleman was present, and discussed his plans to the commission. His property is currently a non-conforming site, with a non-conforming septic. This plan is to demolish the existing house and construct a new, 2,392-s.f. residence. Per ZEO Costa the house meets all required setbacks, and the new plan will make the property more conforming. Discussion held with regard to the height of the structure. C. Garbe pointed out the 35 ft. max height. ZEO confirmed this plan shows a height of 32.8 feet. There will be no paved driveway. There is a tracking pad in place.
MOTION to approve the site plan and CAM application as submitted to demolish and rebuild the residence at 75 Plum Bank Road, Map 6/Lot 9, A District because it is consistent will all applicable coastal policies and includes all reasonable measures to mitigate adverse impact.; MADE: by R. Friedmann; SECONDED: by C. Garbe; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, P. Stuart, C. Garbe, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI. MAX’S PLACE, LLC – Boston Post Rd./Spencer Plain Rd.
Minor Modification to Site Plan and Statement of Use per Section 51.13.2 of the Zoning
Regulations of the Town of Old Saybrook Agent: David Royston
Attorney David Royston and David Ziaks were present. Attorney Royston again summarized the modification to the site plan, which was previously discussed at the 02/04/08 Zoning Commission meeting. He thoroughly reviewed the changes on the site plan that would result because of the delayed construction of Building C. He insured this delay of construction would not alter the overall character or any other part of the plan. Parking requirements would not be changed. The pre-treatment facility will remain in its same location, but will no longer be attached to Building C. The MA-1 and PH-1 plans and their changes were reviewed. Landscaping/fencing would be added on the sides of the pre-treatment facility, which would now be exposed. Attorney Royston submitted a new Statement of Use
dated 02/14/2008. This was reviewed with the Commission, and all modifications were highlighted in bold.
A copy of the resolution is attached to these minutes.
MOTION to approve the Minor Modification to the Site Plan and Statement of Use of the approved Special Exception and Coastal Area Management permit for Max’s Place, LLC, Boston Post Road, Spencer Plains Road, CZC# 07-061 for a Big Y grocery store and additional retail buildings; involving the resolution regarding the modification and the amended Statement of Use dated 02/14/08, which changes the phasing and provides a different schedule of construction of Building C.; MADE: by R. Friedmann; SECONDED: by P. Stuart; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, P. Stuart, C. Garbe, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
VI. WORKSHOP: State Plan of Conservation & Development
ZEO Costa passed out materials from Town Planner Christine Nelson. Suggestion was made that the Commission review/read the materials and the Workshop will be rescheduled to an upcoming Zoning Commission Meeting.
VII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
-Pampered Pets, 775 Boston Post Road is looking to expand their operation, by offering evening obedience lessons. ZEO to handle administratively.
-ZEO Costa informed the Commission that a pre-trial for VanEpps/Dirt, LLC has been scheduled in Middletown for March 10, 2008.
-ZEO updated the Commission with regard to Stark, LLC (Pathway), 1755 Elm Street.
-ZEO continues to pursue issues regarding Carisma Carwash, Boston Post Road.
-Discussion with Commission for proposed “fix-it” changes for Zoning Regulations.
-Commission questioned ZEO about moving lighted signs at Johnny Ads restaurant, (910 Boston Post Road), and at The Feed Bag pet supply store, (20 Old Boston Post Road). Ms. Costa will follow up.
VII. ADJOURNMENT
MOTION to adjourn the meeting at 9:20 p.m. until the next regularly scheduled meeting to be held on Monday, March 3, 2008 at the Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension at 7:30 p.m. MADE; by R. Friedmann; SECONDED: by C. Garbe; VOTING IN FAVOR: R. Friedmann, M. Fish, P. Stuart, C. Garbe, J. Duhig; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
Respectively submitted,
Maura Farbotka
Recording Clerk
Zoning Commission of the Town of Old Saybrook
RESOLUTION FOR APPROVAL OF A MINOR MODIFICATION TO THE SITE PLAN AND STATEMENT OF USE OF THE APPROVED SPECIAL EXCEPTION AND COASTAL AREA MANAGEMENT PERMIT “MAX’S PLACE” CZC #07-061,
Big Y grocery store, three additional retail buildings
Applicant: Max’s Place, LLC
Boston Post Road & Spencer Plain Road
Assessor’s Map 25 / Lots 28, 29, 30, 32 and 32-1,
Map 26 / Lots 2, 6-10, 6-11, 6-12 and, 6-16
General Business B-4 District
WHEREAS, the Old Saybrook Zoning Commission (“Commission”) received at its Regular Meeting of February 19, 2008, from Max's Place, LLC (“Applicant”) an Application for Approval of a minor modification to its Site Plan and Statement of Use pursuant to Section 51.13.2 of the Zoning Regulations;
WHEREAS, the Commission received revisions to the Site Plan, preliminary architectural plans and the Statement of Use in connection with said Application.
Motion to Approve the modification to the Site Plan, preliminary architectural plans and the Statement of Use for the Special Exception approval of Max’s Place, LLC
for Big Y grocery store and three additional retail buildings, Boston Post Road and Spencer Plain Road, CZC #07-061, dated August 20, 2007
The Zoning Commission of the Town of Old Saybrook (the “Commission”) makes the following findings based on the record before it:
1. The modified Master Layout Plan (MA-1) and Construction Phasing Plan (PH-1) both dated January 12, 2008, the modified preliminary architectural plan (A2.1) dated February 14, 2008 and the Amended Statement of Use dated February 14, 2008 remain in general conformance with the Town Plan of Development, in that the placement of “screening buildings” along the frontage of Spencer Plain Road remains a condition for the issuance of the Certificate of Occupancy of the Big Y store even if the construction of Building C is deferred.
2. The site improvements, landscaping and screening of the site for Building C, if not built simultaneously with the Big Y Store, Building A and Building B, comply with the intent and purpose of the Regulations.
3. The modification is consistent with the legislative goals and policies set forth in Conn. Gen. Stats. § 22a-92 in that it does not present any significant impairment of the coastal resources of the State of Connecticut.
4. The modifications are minor in that they do not alter the overall character, quality, density or intensity, uses, amenities, parking or other major features of the site plan as approved.
Specifically based on the findings set forth above, the Commission APPROVES the modification application and amends only the following conditions of its Approval, as set forth below:
B. Phase I shall include the following:
1. The construction of the Big Y grocery store, Building A and Building B on Spencer Plain Road and may include the simultaneous construction of Building C to the rear;
2. the relocation of the cul-de-sac for Center Road West, all road improvements for Boston Post Road, Spencer Plain Road and all internal roadways and driveways for the Application which connect to the Big Y store;
3. all underground utilities and the relocation of the Center Road West fire hydrants requested by the Fire Department;
4. the parking area and associated landscaping required for the Big Y store, Buildings A, B and C, plus 18.2% parking reserve;
5. the development of the site reserved for Building C in accordance with the the Construction Phasing Plan (PH-1) revised to January 12, 2008 if Building C is not constructed simultaneously with the Big Y grocery store, Building A and Building B on Spencer Plain Road;
6. the entire on-site sewage disposal system, including the sewage treatment building shown on the modified Master Layout Plan (MA-1) and Construction Phasing Plan (PH-1) both dated January 12, 2008 and the modified preliminary architectural plan (A2.1) dated February 14, 2008 if Building C is not constructed simultaneously with the Big Y grocery store, Building A and Building B on Spencer Plain Road,and underground storm water detention systems, including site rain gardens within the Phase I area;
7. all landscaping and sidewalks along both site frontages to the extent that such landscaping does not involve the removal of existing trees and vegetation on the Boston Post Road-side of the site, except as required for sight lines for the access driveway;
8. the construction of the detention basin on Lot 6-16.
9. If Building C is not constructed simultaneously with the Big Y grocery store, Building A and Building B on Spencer Plain Road, it may be constructed thereafter, but approval for Building C shall be deemed to have expired if construction is not completed under the time requirements of section 52.5 of the Zoning Regulations.
Until such time as these required improvements have been completed to the satisfaction of the Zoning Enforcement Officer, assisted by the Town’s consulting Engineer and such other professionals as she deems necessary, no certificate of zoning compliance shall issue for the occupancy of the Big Y grocery store, or Buildings A, B or C.
C. The limits of Phase I, including the development of the site reserved for Building C if Building C is not constructed simultaneously with the Big Y grocery store, Building A and Building B as described in paragraph B, above, including limits of site disturbance, shall be as shown on the Construction Phasing Plan (PH-1) modified to January 12, 2008.
D. The business hours of the grocery store facilities will be seven days a week, from 6:00 AM until 11:00 PM. The general retail space in Buildings A, B and C will have business hours seven days a week from no earlier than 8:00 AM until not later than 11:00 PM. Any alterations to these hours of operation shall require a modification of this Special Exception.
JJ. To the extent that proposed uses in Buildings A, B and C, including the edge of Building C are different than those approved in the special permit, the Applicant and/or representatives of prospective tenants shall seek a determination from the Zoning Enforcement Officer on whether a modification of the special permit is required to permit those uses.
All other provisions and conditions of the Approval of said Special Exception not herein modified shall remain in full force and effect.
Dated at Old Saybrook, Connecticut, this 19 day of February 2008.
OLD SAYBROOK
ZONING COMMISSION
By:
Robert Friedmann, Chairman
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