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Zoning Commission Minutes 06/14/2011
I.      CALL TO ORDER
Chairman Friedmann called the meeting to order at 7:24 p.m.

II.     ROLL CALL

Attendant Members                                           Absent Members         
Robert Friedmann, Chairman                           David M. Shearer, Alternate Member                                   
Madeleine Fish, Vice Chairman                Charles Sohl, Regular Member      
Geraldine Lewis, Secretary                          
Carl Garbe, Regular Member
John T. Talbott, Alternate Member arrived at 7:28 PM seated for Charles Sohl   

        
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Joanne Rynecki, Recording Clerk


III. REGULAR BUSINESS

  • MINUTES
MOTION to approve the minutes from the June 6, 2011 regular meeting.  MADE: by G. Lewis; SECONDED: by M. Fish; VOTING IN FAVOR: G. Lewis, M. Fish, C. Garbe; OPPOSED: none; ABSTAINING: R. Friedmann; APPROVED: 3-0-1.


  • CORRESPONDENCE
As contained in packets


  • PRELIMINARY DISCUSSIONS
  • Preliminary Discussions:  Gas Development, LLC
        Proposal to construct gas station
        820 Boston Post Road (Meineke Muffler Site), Map 36, Lot 119
        Business B-2 District, Pedestrian Node, Coastal Management Area
       Applicant:  Gas Development, LLC,  Agent:  Attorney Timothy Bates



 Mr. Bill O’Brien of Gas Development, Timothy Bates, Esquire, and Mr. Taylor Dowdy, Engineer  representing the applicant to discuss the possibility of converting the Meineke site located at the corner of Route 1 and Lynde Street into a gas dispensing station in a B-2 District.  Mr. Dowdy distributed results from a site analysis identifying the non-conformities at the site in an attempt to show how they plan to reduce the non-conformities in their plan.

Chairman Friedmann pointed out that the non-conformities are not being reduced.  For example, section 10.7.5 requires  reductions of non-conformities relating to parking.  The existing parking is 10 spaces, but only 4 spaces are proposed.  The existing building is proposed to be eliminated and replaced with a 100 sq. ft. kiosk, when regulation 7.7.2 requires building sizes of not less than 750 sq. ft.  In addition, 32.2.2 states that a fueling station is not permitted use in a B-2 district.  A service station would be a permitted use.  Attorney Bates argued that if oil and wiper fluid is sold isn’t that essentially a service station.  Attorney Bates was disappointed that the commission couldn’t interpret the zoning regulations in favor of the proposal since the site is polluted and the applicant proposes to spend $300,000 to clean the site.  Attorney Bates feels it will be difficult to develop the site to anything other than a fueling station due to the environmental issues.  Chairman Friedmann pointed out that if the building size, and number of parking spaces were increased and one pump was removed the plan is possible.

  • Preliminary Discussion:  Tractor Supply Company (TSC)
           Proposal for TSC to occupy 21,348 s.f. of building and exterior sales area
           901 Boston Post Road (Ocean State Job Lot Site), Map 28, Lot 39
           Business B-2 District, Pedestrian Node, Coastal Management Area
           Applicant:  NERP Holding & Acquisitions, LLC.  Agent:  Jim Cassidy

 Jim Cassidy, Engineer representing New England Retail Properties“NERP” Holdings & Acquisitions and Mark D’Addabbo of New England Retail Properties, Inc were present to discuss their plan for the site.  NERP is looking to purchase the property and would like to identify issues for the proposed tenant, Tractor Supply Company, which will occupy 20,000 sq. ft. of the existing building.  An additional 15,000 sq. ft. outdoor retail display area is also proposed.  Mr. Cassidy would need to identify the number of parking spaces required with the added 15,000 sq. ft. outside area.  This agricultural sales use is not defined in the zoning regulations.  The commission will need to determine the parking requirements for the agricultural sales use.  Mr. Cassidy also pointed out that the Residential Zone crosses over the rear parking lot and the use will not extend into  the 25 ft. setback from the residential boundary line.  However, there will be a 25 foot buffer between the edge of the parking lot and the adjacent residential properties.  Chairman Friedmann acknowledged that the use is not identified in the regulations and parking would need to be determined.  Another concern will be traffic in the parking lot and looking for way to reduce the conflict between larger amounts of traffic and the existing customer traffic in the plaza.


V.  COASTAL SITE PLAN REVIEW

  • Application for Coastal Site Plan Review
     Relocate dock & steps per CT DEP and permit existing retaining wall.
     18 Pelton Avenue, Map 20/Lot 37,
     Residence A District, Coastal Management Area
     Applicant:  Alan & Blossom Norton       Agent:  Joe Wren P.E.
     
Joe Wren, Engineer representing Alan & Blossom Horton the owner of 18 Pelton Avenue submitted an application to relocate the shed, eliminate the steps and to permit the existing retaining wall under CAM.  Mr. Wren explained that the DEP issued a notice of violation for the wall, shed and the dock.  The applicant is here tonight to relocate the shed from the tidal wetlands to a location 10 feet from the property line and remove the concrete block steps to the existing shed.  The tidal wetlands were flagged by a soil scientist and it was determined that the wall is not in the tidal wetlands, but must still be approved under the Coastal Area Management Zone.  OLISP  reviewed the CAM and suggested vegetation be added to soften and hide the wall.  Ms. Costa explained that shoreline flood and erosion control structures are not condoned by the zoning commission.  This is a unique situation where in 2001 the building inspector inspected the wall but, did not direct the owner to obtain CAM or zoning approval.  Members added that the wall is low profile and has some vegetation already established.


MOTION: to approve the Coastal Site Plan application  for 18 Pelton Avenue, Map 20/Lot 37, Residence A District, Coastal Management Area to relocate the steps  and shed and allow the retaining wall to remain, as it is consistent with all applicable coastal policies and because the application makes all reasonable measures to avoid adverse impacts. MADE: by R. Friedmann; SECONDED: by G. Lewis;~VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Garbe, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.



  • OLD BUSINESS
Carl Garbe recused himself for this application.

  • Application for Special Exception Use/Coastal Site Plan Review
Construction of 25, 000 s.f. retail building, 3,910 s.f. retail/office/bank building and 1,500 s.f. retail building.
1657-1787 Boston Post Road, Map 25, Lots 21 and 22
Gateway B-4 District, Coastal Management Zone, Pedestrian Node.
Applicant:  Colvest Old Saybrook, LLC     Agent:  Peter LaPointe

Ms. Costa advised the commission that the landscape and erosion and sediment control bond amounts have been provided by the town’s engineer. The Landscaping bond: $100,400.  Erosion & Sediment Control bond: $9,800.

The motion for approval distributed to the members outlines the modifications to the application discussed at the prior to the closing of the Public Hearing.

MOTION: to Approve the application for Special Exception Use/Coastal Site Plan Review to construct 25,000 s.f. retail building, 3,910 s.f. retail/office/bank building, and 1,500 s.f. retail building at1657-1687 Boston Post Road, Map 25/Lots 21 and 22 Gateway B-4 District, Coastal Management Zone, Pedestrian Node because it is consistent with applicable coastal policies and makes all reasonable measures to avoid adverse impacts as modified by this resolution and incorporated into the approval.:


WHEREAS, the Old Saybrook Zoning Commission (“Commission”) received at its Regular Meeting of April 4, 2011, from Colvest/Old Saybrook, LLC (“Applicant”) an Application for Approval of a Special Exception use (“Application”).  The accompanying Statement of Use, as amended through May 24, 2011, describes a proposed West Marine retail store, a bank with two drive-through lanes and a 1,584 square foot retail building.  Each of these uses is permitted in the B-4 District.  Other Application materials, including a site plan, revised through May 24, 2011, depict the three proposed structures with an aggregate ground floor square footage of approximately 30,541 square feet, with one hundred and seventy (170) parking spaces to be constructed, landscaping, and other improvements, such as signage, utilities, architectural treatments, fencing, stone walls, and off-site improvements to the surrounding road network.

WHEREAS, the Commission received revisions to the Application materials and plans, as depicted and described by the public record of the administrative proceedings of the Application;

WHEREAS, the Zoning Regulations of the Town of Old Saybrook, Connecticut and Title 8, Chapter 124 of the Connecticut General Statutes authorizes the Commission to act upon an Application;

WHEREAS, the Commission held Public Hearings on the Application on May 2, 2011, May 16, 2011 and May 24, 2011;

WHEREAS, during such public hearings, the Commission conferred with and received information from the Applicant and/or representatives and the public, and the Commission received technical and legal review from its staff, from additional consultants engaged pursuant to Ordinance 71, and from other Town and State agencies and officials, and the Commission had the opportunity to ask questions and evaluate the Application at duly noticed Public Hearings and public meetings; and


WHEREAS, the Commission has heard evidence regarding the consistency of the Application with the Coastal Management Act, Conn. Gen. Stats. § 22a-90 to 22a-112, and Section 59 of the Regulations.    

Motion to Approve with Conditions
Application of Colvest/Old Saybrook, LLC
for West Marine store and two additional retail buildings
Boston Post Road and Spencer Plain Road

The Zoning Commission of the Town of Old Saybrook (the “Commission”) makes the following findings based on the record before it:

  •         The Commission has received a special permit and Coastal site plan application from the Applicant, which has stated it owns or has contract rights to acquire 3.68 acres in the B-4 General Business District.
  •         The Application is substantially complete, and includes material and information required by the Commission under these Regulations to reach the findings contained herein.  Any remaining information required will be included as conditions of this approval.  (Section 51.5.1)
  •         Subject to the conditions of approval set forth below, the proposed Site Plan is in general conformance with the Town Plan of Development, in that the location of the proposal is suitable for this type of development.  Additionally, the placement of “liner buildings” along the frontage of Boston Post Road and Spencer Plain Road creates a more pedestrian-friendly and aesthetically-desirable street-scape, in conformance with the goals of the Pedestrian Node regulations.  (Section 51.5.3 and Section 34.2.7)
  •         The proposed buildings, structures, uses, equipment and materials are readily accessible for fire, police and emergency medical services, and are protected against hazards from fire, flood and other hazards to public safety.  (Section 51.5.4)
  •         Subject to the conditions of approval set forth below, all proposed traffic access ways do not create traffic hazards and are adequate in width, grade, alignment and visibility; and that the capacity of adjacent and feeder streets is adequate to accommodate peak and average traffic volume.  (Sections 51.5.5 and 52.6.3)
  •         Subject to the conditions of approval set forth below, the Application contains adequate off-street parking and loading spaces, and the interior circulation system is adequately designed and marked to provide safe and convenient movement for both vehicles and pedestrians through the parking area and to all uses, structures and parking spaces.  Specifically, the Commission notes the placement of sidewalks to facilitate pedestrian traffic throughout the site, including precast concrete walks, which should promote safety through making the walkways visually distinctive from the general driving areas.  (Section 51.5.6)
  •         The landscaping and screening of the site complies with the intent and purpose of the Regulations and that existing trees have been preserved to the maximum extent possible.   The parking areas and service areas have been suitably screened and buffered through all seasons of the year from adjacent public streets both through plantings and the use of the screening
 
buildings.  Subject to the conditions of approval set forth below, the creation of impervious surfaces has been minimized through the use of reserve parking spaces as allowed by the Regulations, protecting water quality and maintaining the characteristics of the surrounding area. (Section 51.5.7)

  •         The glare from the installation of outdoor lighting and illuminated signs is properly shielded from the view of adjacent property and public streets, keeping with the character of the surrounding area.  (Section 51.5.8)
  •         All utility systems are suitably located and adequately designed to serve the proposed uses, and when properly installed, to protect the property from adverse air, water or land pollution, and to preserve and enhance the environmental quality of the surrounding neighborhood and that of the Town.  While the Commission would have preferred underground utilities on this site, it finds the testimony of the Applicant regarding the infeasibility of underground utilities credible.  (Section 51.5.9)
  •         The development of the site will preserve sensitive environmental land features, specifically the wetlands just off the westerly corner of the property.  (Section 51.5.10)
  •         The location, size, scale and overall architectural character of the proposes uses, buildings and structures, as well as the nature and intensity of operations involved in or conducted therein will be in general harmony with the character of the surrounding neighborhood and consistent with the recommendations of the Architectural Review Board and Planning Commission and will not be detrimental to the appropriate and orderly development or use of any adjacent land, building or structure.  With the placement of the screening buildings, and the requirement that the screening buildings be constructed simultaneously with the buildings they are designed to screen, the harmony of the neighborhood will be preserved.  The Applicant has proposed buildings with broken up facades, actively used windows and variations as to height.  The outside sales display at West Marine should also serve to enhance the pedestrian-friendly nature of the site.  (Sections 51.5.11, 52.6.1, 52.6.5 and 8.23)
  •         The water service available to the site is adequate for the proposed uses and structures and subject to the conditions of approval set forth below, sewage disposal will comply with all applicable codes, rules and regulations.  (Section 51.6.5 (A)(1))
  •         The fire marshal has been solicited for his comments, and the comments were received and made part of the record by the Commission.  (Sections 51.6.5 (A)(2) and 52.6.2)
  •         The Commission has received a written traffic report which addresses the plan’s compliance with Section 62 of the Regulations concerning on-site and off-site traffic.  Said report was reviewed by the Commission’s consultant, Purcell Associates.  Based on issues raised by Purcell, the Applicant revised its own calculations as well as its plans, making one of the entrances from Spencer Plains Road one way and showing a dedicated bypass lane to the drive-through.  While the Commission is concerned about the heavy traffic delaying the exiting of vehicles from the site under extreme conditions, it accepts that this intersection is likely to have traffic issues in the summer whatever is proposed for this location.  (Section 51.6.5 (A)(3))
  •         The Applicant has provided a mapped and written description of all of the storm drainage measures prepared by a professional engineer licensed in the State of Connecticut.  This report has been reviewed by Nathan L. Jacobson and Associates, the Commission’s consulting engineer and the Connecticut DEP, and the Commission is satisfied that all of Geoff Jacobson’s comments have been addressed satisfactorily or can be addresses adequately by the conditions of approval contained herein.  (Section 51.6.5 (A)(4))
  •         The Commission has received a positive referral on the application from the Planning Commission and have attempted to incorporate the recommendations contained in the referral into the conditions set forth below.
  •         The Application 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.  Only a portion of Lot 6-16 is within the Coastal Management Zone, with all remaining land being outside the Zone.  
    
  •         The Applicant has submitted an application to the State Traffic Commission of the State of Connecticut to obtain approval for the requirements requested by the Commission and set forth in the Conditions of Approval below (Condition X).
Specifically based on the findings set forth above, the Commission APPROVES this application subject to the following conditions, each of which are integral to the Commission’s decision to approve the Application:

A.      Applicant shall address remaining issues from May 24, 2011 correspondence from Geoffrey Jacobson, P.E., Nathan L. Jacobson & Associates, Inc. to Christina Costa.  Specifically, these items shall include:

        1.       #2 (D), providing the dimension for the width of the exit drive from the bank drive-thru lanes.
        2.      #2 (E), providing typical dimensions and showing locations of identification signs for the compact parking spaces.  Note, the Commission has specifically requested that certain compact parking spaces, specifically those located adjacent to West Marine, be marked by having a sign by the building; the spaces in the northwest corner of the property should also be marked with a sign pointing in their direction, rather than a sign in front of each one.

        3.      #3 B, finalization of the sidewalk easement, with final revision dates for the references surveys.

        4.      #4 D, the Commission has requested no bollards in lieu of this recommendation.

        5.      #5 B, the catch basin top within the southern access drive onto Spencer Plains Road should be lowered in elevation to intercept surface runoff.

        6.      #5 C, the spot elevation at catch basin “J” should be consistent with the top of grate elevation.

        7.      #5 D, all parking lot grades must have a minimum slope of one percent.

        8.      #6 D, a note should be added to the plans indicating that the Contractor must connect any roof leaders from this building to the designed catch basin and may not connect it to the other system.  The numbers of roof leaders on each building shall be consistent with the requirements of the building code.  The roof leader on the retail building shall be moved so that it does not come down in front of the proposed loading dock.

        9.      #7 B, the detail on the erosion and sedimentation plan and the note on the drawing must indicate that silt sacks are to be installed within all catch basins.

        10.     #7, C, with regard to the proposed sediment trap along the western side of the site, the overflow outlet should be shown on the plans at a location that, to the extent possible, maximizes travel time through the trap and discharges into some type of stable surface.

        11.     #7, D, either a second sediment trap be provided at the low point along the western side of the site, or a diversion swale or berm be provided to divert runoff from the south central portion of the site to the proposed sediment trap along the western side of the site.  Whichever of these alternatives is chosen by the Applicant, it must revise its plans to show this alternative as well as forward these revised plans to the Commission’s consulting engineer for review.

        12.     #7, G, silt fences or haybales must be placed across the exit to Boston Post Road from the proposed bank during construction.

        13.     #9, applicant should examine whether the 48" deep light pole base will conflict with the reserve septic area as well as the edge of Stormwater Detention Basin #1.

        14.     Bonding in the amounts of $100,400 for landscaping and $9,800 for erosion and sedimentation control shall be provided to the Land Use Department prior to any work being commenced.

B.      Prior to construction, the Applicant shall verify that the stamp pattern of its proposed sidewalk is consistent with the Spencer Plain Node Sidewalk Plan.

C.      The plans shall be revised to show reserve parking in lieu of the 16 spaces adjacent to Jensen’s in the northwest corner of the Property.  Additionally, the seven compact spaces north of the bank shall also be shown as reserve parking spaces and not actively used parking spaces.  

D.      The signs for the bank and the retail building will require approvals from the Zoning Commission and the Architectural Review Board at the time that tenants are seeking to use these spaces.

E.      Any audio speakers which are on the outside of the bank, including those used for ATMs, shall be volume-adjusted so as not to be audible from the property line.

F.      All signs in the right-of-way and sidewalks should be approved by a Department of Transportation encroachment permit.

G.      The stone wall should be blank and should not read “Old Saybrook”.

H.      There should be street numbers on the front of all buildings.

I.      Deeds merging the parcels and the sidewalk easement will need to be filed prior to the issuance of a certificate of zoning compliance.

J.      Landscaping and sediment and erosion control bonds will need to be posted in an amount to be set by the commission’s consulting engineer.

K.      Street trees will be of one variety as shown on the plans, not of alternating species.

L.      For any trucks which would be large enough to interfere with the on-site parking of other vehicles, delivery times shall be limited to 7 - 9:00 AM and only one time per week.
M.      The trees to be planted in the islands shall be Zelcovas, as proposed.

N.      Should the Department of Transportation and CRERPA coordinate on the creation of bikeways in this nodal area, the Applicant shall cooperate in the creation of a bikeway along its property.

O.      All dumpsters shall be no less than 20' away from the residential zone line.

P.      All comments which were a part of the recommendations of the Old Saybrook Inland Wetlands and Watercourses Commission dated May 19, 2011 shall be incorporated into this approval motion by reference.

Q.      The lighting of all business signs shall be set to go off no later than one hour after the close of business.
                                        
MADE: by R. Friedmann; SECONDED: by G. Lewis;~VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 4-0-0

 Carl Garbe returned to the meeting.

VII. PUBLIC HEARING

  • Petition to Amend the Zoning Regulations, Section 64.5.3d to permit for multiple brand signs on a wall for motor vehicle dealers in the B-2 and B-4 Districts
      Petitioner:  255 Middlesex Turnpike, LLC      Agent:  Attorney William Childress

Attorney William Childress representing 255 Middlesex Turnpike and Mr. John Lorenson, Principal of 255 Middlesex Turnpike, LLC were present to discuss the application.  
Attorney Childress explained to the members that single dealers often sell more than one line of automobiles, thus requiring brand signs for each automobile line.  Attorney Childress feels these types of dealerships should be treated as multi-tenanted buildings and should be allowed to have multiple signs.  The multiple signs total square footage would not exceed the 20% maximum requirement if the regulations allowed the entire building façade, with projections, to be used to calculate the sign size allowed.  
Attorney Branse wrote a letter of opinion on the proposed regulation change suggesting a cap on the total square footage of the signs to be 160 sq. ft.  Chairman Friedmann asked Attorney Childress to provide the minimum separation between signs and where they would be placed in relation to each other. Ms. Costa explained to the members that the sign placement and size has been an issue for other dealerships in the auto mall.

Chairman Friedmann opened up the public portion of the public hearing.  Jane Cobb of 40 Ridge Drive,  Irene Kokai  of 4 Ridge Drive South and Ann Pretzet of 1 Ridge Drive spoke.  Ms. Kokai feels we do not need any more large signs.  Ms. Pretzet feels that the signs in the picture, as proposed, are acceptable, if it can be done.  Chairman Friedman closed the public portion of the public hearing.

Chairman Friedmann is concerned that the proposed regulation amendment does not establish limits on the sign size, minimum separation between each individual sign or the placement of multiple signs on a single vertical plane, if appropriate.



MOTION: to continue the public hearing for the Petition to Amend the Zoning Regulations, Section 64.53d until the special meeting on July 12, 2011 at 7:00 PM at the Old Saybrook Town Hall First Floor Conference Room, 302 Main Street; MADE: by R. Friedmann; SECONDED: by G. Lewis;~VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Garbe, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.


  • COMMITTEE, REPRESENTATIVE & STAFF REPORTS
In order to prepare to update sign regulations,  Ms. Costa asked the commission to approve $560.00 to pay an intern to work on sign violations, inventory, and research.
Commission agrees that this is appropriate.


IX.  ADJOURNMENT:

MOTION: to adjourn the special meeting at 11:10 PM until the next regular meeting to be held on Monday, June 20, 2011at the Old Saybrook Town Hall First Floor conference room, 302 Main Street at 7:30 p.m.; MADE: by G. Lewis; SECONDED: by M. Fish;~VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, C. Garbe, J. Talbott; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.


Respectfully submitted,


Joanne Rynecki
Recording Clerk