Regular Meeting
Tuesday, September 22, 2009 @ 7:30 p.m.
First Floor Conference Room
302 Main Street
I. CALL TO ORDER
Chairman Friedmann called the meeting to order at 7:33 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert Friedmann, Chairman Geraldine Lewis, Regular Member
Madeleine Fish, Vice Chairman John Duhig, Alternate Member
Walter Harris, Secretary
Carl Garbe, Regular Member
Charles Sohl, Alternate Member
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Christine Nelson, Town Planner
Maura Farbotka, Recording Clerk
Alternate Member C. Sohl was seated for Regular Member G. Lewis.
III. REGULAR BUSINESS
MOTION to approve the minutes of the August 3, 2009 meeting as presented; MADE: M. Fish; SECONDED: by C. Garbe; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay invoice # 71048 in the amount of $1217.40; MADE: M. Fish; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to pay Branse and Willis invoice # 22916 in the amount of $391.50, invoice # 22917 in the amount of $87.00, and invoice # 22918 in the amount of $29.00 for a total of $507.50; MADE: R. Friedmann; SECONDED: by w. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
-R. Friedmann discussed correspondence between M. Pace and the ZEO asking the Commission to take consideration during the permitting process that it appears that the septic system for 286 Main Street (formerly Jacks) is located on Town property at 300 Main Street. Care will be taken when reviewing any future site plan for this location.
-C. Costa invited Commission members to the upcoming Ct. Aquifer Training on October 19th. Anyone interested should contact her for registration.
IV. DISCUSSION: Request for Seasonal Plant Retail Operation – Benny’s Plaza Location
By: Jim Rochford, Business Coach and Owner of ACTION COACH,
On behalf of Van Wilgen’s Garden Center of North Branford
Jim Rochford, and Bill and Ryan Van Wilgen were present. Mr. Rochford gave a brief overview of the proposed plan. He explained they have been in discussion with the owners of Benny’s shopping plaza to open a seasonal plant operation. This would run from early April until July 10th, and would have 2 temporary attached greenhouses on a 120' x 70' area located on the grassy area on the west side of the parking lot. The base of this area would be processed stone.
R. Friedmann raised question if the grassy area is included as part of the Benny’s plaza. The commission agreed this is a modification to a previously approved Special Exception, and advised that an updated site plan would be required. This site plan should include the area in question, along with the correct alignment of the entrance.
Bill Van Wilgen stated further discussions have been held with the shopping center owners possibly to extend the proposed operation to include fall and Xmas seasons.
R. Friedmann advised that if approved, this operation would have to be approved on an annual basis.
Parking calculations will be reviewed, along with a possible referral to the IWWC.
V. PUBLIC HEARINGS
A. Petition to Amend Zoning Regulations, Sec 54.1.3
Ferry Point Incentive Housing Zone – to correct text from Multi-Family MF
Subzone to Mixed Use MU Subzone
Petitioners: HOPE Partnership Inc., & Town of Old Saybrook
Agent: Attorney David M. Royston
Attorney Royston addressed the commission requesting a correction in the regulations in Section 54.13, specifically to correct from Multi-Family to Mixed Use. He noted all favorable reports from the Planning Commission, Gateway and the Office of Long Island Sound. Town Planner Christine Nelson, and Selectman Velma Thomas both spoke in favor of the correction.
MOTION to close public hearing; MADE: R. Friedmann; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
MOTION to approve correcting the text from Multi Family to Mixed Use; MADE: R. Friedmann; SECONDED: by M. Fish; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
B. Special Exception Use Application and Coastal Site plan Review Application
Multi-purpose recreation field and a 16 – unit affordable housing development
under Section 54.3.5 of the Incentive Housing Zone Regulations – 45 Ferry Road,
Map 45/Lot 3, Residence A Zone
Applicants: Town of Old Saybrook and HOPE Partnership, Inc.
Agent : Attorney David M. Royston
David Royston, Attorney for HOPE Partnership and co- applicant for this Special Exception Application was present. He submitted for the record a copy of the deed of the property which states the Town must use for recreational and affordable housing purposes. Any change in this use would revert title back to the State of Connecticut.
Attorney Royston gave a history of the HOPE Partnership and its function to address the need for affordable housing. He recognized the collaborative efforts of the Land Use Department and staff, along with the grant obtained which provided funding for the regulations, mapping the area, and now the permitting process. He briefly reviewed the site plan indicating the recreation plan on the west side, and the residential on the east.
Attorney Royston explained HOPE Partnership has entered into an understanding with the Women’s Institute of Housing to act as development partner for purposes of obtaining financing, lining up a construction manager, and a property manager and/or management company. He noted this application received approvals from both the Planning Commission and the Architectural Review Board. Mr. Royston stated they had a pre-application meeting with the Land use staff, and the Building, Fire and Police Departments and incorporated their recommendations into the plan. He emphasized that the intent of the regulations have been complied with.
Both the affordability plan and the open space agreement plan have been filed.
George Smilus, project engineer addressed the commission and reviewed plans, specifically the site development plan (C-2). Both the recreational and the residential plans and the specifications of each were discussed. He submitted for the record a letter from the Ct. Water Co. dated 9/16/09 which confirmed water is available for both residential and emergency/fire services. Storm water drainage was reviewed.
John Cunningham, a Landscape Engineer from Madison, CT reviewed the landscape plans at length. The different plantings for both the residential and the recreational plans were reviewed.
R. Friedmann raised concern with the 2% slope on the field, stating any changes should be addressed at this time.
R. Friedmann questioned the location to the Port-O-Potty, and a parking space which needs to be moved.
C. Nelson spoke in favor of the use of asphalt in the recreational parking area.
Mr. Cunningham confirmed there would be no lighting at the recreational field.
Specific planting and fences for the residential units was reviewed.
Jill Cartagena of Point One Architects in Old Lyme reviewed the site plan of the residential units, explaining they would consist of 1, 2, and 3 bedroom units.
Discussion was held at length with Chairman Friedmann and Attorney Royston as to whether a dwelling over a dwelling is permissible.
C. Costa stated this only applies in the IHZ overlay district.
Ms. Cartagena noted there were three separate meetings with the ARB, and all recommendations of architecture, landscaping and lighting were incorporated into the plan. She also noted bulkhead doors have been added to each unit which will access the crawl spaces. This will address the need for exterior storage.
Ms. Cartagena stated the entire plan is up to code. Per the recommendations of the Fire Marshal, a 2nd fire hydrant has been added to the residential area, inside fire alarms will be installed, and better access for the ladder trucks has been made available.
ZEO Costa provided Jill with the Land Use Staff letter dated 9/22/09 and a report from Deputy Police Chief Michael Spera. Attorney Royston stated most of the comments from Land Use staff have been addressed, and that the parking spaces will be corrected.
Velma Thomas, representing the Board of Selectmen addressed the commission and gave a thorough review of the history how this plan was developed.
Susan Esty of the Park and Recreation department spoke and addressed specific concerns raised. She stated the 2% will pose no problem to the field. She confirmed there will be no fertilizers used that could run off into the Inland Wetlands.
Chairman Friedmann opened the hearing to the public:
Robert Fusari of 8 Fencove Court spoke in favor of the project.
MOTION to continue Public Hearing until the next regularly scheduled meeting to be held on Monday, September 28, 2009; MADE: R. Friedmann; SECONDED: by W. Harris; no discussion on the motion; VOTING IN FAVOR: R. Friedmann, M. Fish, W. Harris, C. Garbe, C. Sohl; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
V. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
- R. Friedmann requested C. Costa check on the number of cars allowed to be for sale at the Shoreline Quick Lube on 2 Center Road.
- Commission requested follow up on the pod located on property of the relocated Lyons Fabric store, 785 Boston Post Road.
-ZEO Costa stated she has reviewed an 8 page motion submitted by College Point, and all conditions will soon be met. She asked the Commission if they wanted to add this to the next agenda for review, but they advised it was okay for the ZEO to handle administratively.
- Max’s Place (Boston Post Road/Spencer Plains Road). A letter from Attorney David Royston dated September 16, 2009 was discussed. The Commission agreed with the ZEO that the commencement date for the two year period for completion of the proposed development will be the date that the Certificate of Zoning Compliance is signed.
-ZEO Costa discussed the now updated Zoning Regulations are over 400 pages. The document is so large and complex, there are many issues with saving it as a word document. She requested the Commission approve a $2,000.00 payment for the Regulations to be sent to a type setter. Commission discussed and approved.
-Dirt, LLC (Spencer Plains Road).In a recent memo received by the DEP, dated August 2009, Findings and Conclusions regarding the ongoing violations at Dirt.
VI. ADJOURNMENT
Vice Chairman Fish adjourned at 10:56 p.m. until the next regularly scheduled meeting to be held on Monday, September 28, 2009 at the Old Saybrook Town Hall, First Floor Conference Room, 302 Main at 7:30 p.m.
Respectively submitted,
Maura Farbotka
Recording Clerk
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