|
 TOWN OF OLD SAYBROOKZoning Commission |
Executive Board Robert C. Friedmann, Chairman Madeleine B. Fish, Vice Chairman Geraldine M. Lewis, Secretary |
302 Main Street Old Saybrook, Connecticut 06475-1741 Telephone (860) 395-3131 FAX (860) 395-1219
REGULAR MEETING MINUTES Tuesday, July 5, 2011 – 7:30 1st floor conference room – Town Hall 302 Main Street |
Members Carl C. Garbe Charles E. Sohl
Alternate Members David M. Shearer John T. Talbott |
I. CALL TO ORDER
Chairman Friedmann called the meeting to order at 7:30 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert C. Friedmann, Chairman Geraldine M. Lewis, Secretary
Madeleine B. Fish, Vice-Chairman John T. Talbott, Alternate Member
Carl Garbe, Regular Member
Charles Sohl, Regular Member
David M. Shearer, Alternate Member (Seated for G. Lewis)
Attendant Staff
Eric Knapp, Legal Counsel
Christine Nelson, Town Planner
Sarah Lyons, Recording Clerk
III REGULAR BUSINESS
A. MINUTES
MOTION to pay Nathan L. Jacobson & Associates, Inc., invoices #74286 ($149.06), #74287 ($178.88), and # 74134 ($1,128.75) for a total of $1,456.69. MADE: by D. Shearer; SECONDED by C. Garbe; VOTING IN FAVOR: R. Friedmann, M. Fish, D. Shearer, C. Garbe, and C. Sohl; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
IV. PUBLIC HEARING
A. Between The Bridges/Marina Village (continued from 6/20/11)
1) Application for Special Exception Use/Coastal Site Plan Review for renovations to existing building for restaurant/offices use; renovation of existing 4-bedroom dwelling for office/retail uses; construction of new 3,404 s.f. boat repair building and construction of new 800 s.f. sewerage treatment maintenance building, all at existing 289 slip marina. 139, 142 & 163 Ferry Road, Map 45, Lots 11, 14, 29 & 33; 18 acres, Marine Commercial (MC) Zone & Residence A Zone, CT River Gateway Conservation Zone, Coastal Management Zone.
Applicant: Between the Bridges, LLC. Agent: William Childress, Esq.
2) Application for Marina Village Affordable Housing Development Site Plan Review (8-30g) for construction of 90 dwelling units with appurtenant sewerage treatment facilities and maintenance building, parking and amenities, 139, 142 & 163 Ferry Road, Map 45, Lots 11, 14, 29, and 33; 18 Acres, Marine Commercial (MC) Zone & Residence A Zone, CT River Gateway Conservation Zone, Coastal Management Zone, including an Affordability Plan containing, inter alia, draft zoning regulations to govern this development only.
Applicant: Between the Bridges, LLC. Agent: William Childress, Esq.
Chairman Friedmann advised that he read the minutes from the first public hearing held on June 6, 2011 at which the public hearing was opened and immediately continued until June 20, 2011. He stated that he feels qualified to deliberate and vote on this application.
Chairman Friedmann noted that since the last public hearing, a report, dated June 23, 2011 has been received from the Conservation Commission and a letter in support of the application dated June 27, 2011 was received from Lamar and Lisa LeMonte. New materials received from the applicant include a letter of consent to continue the public hearing on the Special Exception for 30 days, dated July 5, 2011; Redevelopment Application Comments on Outstanding Issues, dated July 5, 2011; Revised Statements of Use for 8-30g and Marine Commercial/Restaurant, dated July 5, 2011; Theodore Lemlin deed; DEP Tentative Determination Notice dated August 5, 2010; and Maximum Housing Payment form.
At this point Chairman Friedmann invited any members of the public to move to the front in order to better view the exhibit boards.
William Childress, Esquire addressed his responses to Eric Knapp’s comments concerning outstanding issues. He stated that he will not further analyze the issue of whether a text change is required. He does not feel that a text amendment is needed and proposed instead, draft regulations which would govern this development only. He equated his request to that of a variance for the project. Chairman Friedmann stated that regardless of the outcome of the debate over the draft regulations vs. text change, he feels that the commission would need to hear the entire application.
B. Childress stated that outside winter boat storage is not a water-dependent use as all boats which had been stored on the western side and under the raised platform on the eastern side had to be taken out by trailer. Regarding consistency with CAM, Childress stated that by reducing the restaurant, adding public access, adding a commercial service building and keeping all existing commercial service buildings in addition to replacing existing non-water dependent uses with other non-water dependent uses, that the redevelopment of the site renders it consistent with CAM.
Childress referenced the Landmark Development Group v. East Lyme Zoning Commission, 2008, and stated he was not aware of any other case which discusses the relationship between CAM and 8-30g but feels that as Old Saybrook only has 1.23 percent of its housing stock as affordable and the project area has been heavily developed, he feels the applicant is increasing the site’s consistency with CAM.
The issue of any danger to public health due to the flood elevations of the proposed housing was addressed and Childress felt that there is little danger present. He feels that maintaining the sewage treatment plant is integral to the affordable housing development and that therefore it is exempt from the bulk requirements.
B. Childress addressed the lesser issues and stated that Ferry Road now will be narrower as per the recommendation of the Town Planner and will include street side parking, a bike lane, established snow shelf and a 24’ travel lane. Landscaping will be added to the front of the restaurant and the handicapped parking will be more accessible. The buffer along the tidal wetlands will be better protected and no non-organic fertilizer will be used on the west side of the development.
Chairman Friedmann inquired as to whether a high tide line had been placed on the map and the applicant stated that the maps have not yet been updated as they are awaiting additional comments. There was discussion of parking of boats along the bulkhead as long as it does not block access to units, emergency access or the restaurant. Boat owners and lessees of the marina slips are not allowed to park on either side from 11/1 to 5/1. Childress stated that during the rest of the year the boats will be out of all parking spaces. Enforcement will be through an agreement with the documinium.
Stuart Fairbanks responded to a question by D. Shearer regarding storm/flood lines by stating that on the east side, everything below 3-4’ is in the flood zone. D. Shearer also wanted clarification on the degree of usage of the current treatment plant versus how that usage might change in the future. S. Fairbanks stated that the present system is designed for 10,000 gallons per day, but that this fluctuates with the season (3,000-4,000 off season, 8,000 on season). The usage will probably be similar to that in the future. The residential units use 100 to 120 gallons per day, but are designed for 300 gallons per day. It is anticipated that the usage will be between 18,000 and 20,000 gallons per day, so it can work on one tank. Childress added that the developer will carry the costs of paying for
the unbuilt units and their part of the capacity (limited to that one chamber). D. Shearer expressed concerns about potential problems and leaks. S. Fairbanks said that there is some flexibility within the plant and the on-call technician can shut down the pump chambers and take other measures to contain problems.
B. Friedmann expressed some confusion with the present and anticipated capacity of the restaurant as the numbers provided have not been consistent. B. Childress amended his statement of use to address that issue and said that the present capacity is 200 and will be lowered to 150 with the new restaurant.
Town Planner, C. Nelson reported that the Regional Planning Agency had no comment on the project and the Board of Selectmen’s Bikeway Committee had been consulted and sent over a Bicycle & Pedestrian Lane Reference Book of ideas and suggestions. They would like to see bike lanes on both sides (4-5’ desired). The Board of Selectmen would like to go as narrow as 10’ for the road width, however the Fire Department wants at least 11’.
Ward Rogers, president of the Between the Bridges Association stated that the association approves of the project and that it was very positively received.
Eleanor LaPlace, resident on Fourth Avenue, is concerned for the health and safety of those residents on the eastern side of the proposed project due to storms and flooding. She stated that she would rather see more marine activities. She would like to see fewer units and is concerned with losing the scenic outlook. Chairman Friedmann stated that 8-30g allows for affordable housing in a Marine District.
Sandy Roberts, resident of Ferry Road, expressed her concerns for the disruption of the water flow as her site is served by a well.
Stuart Popper of Milone & MacBroom made a presentation regarding traffic issues. He submitted into record his responses to Bruce Hillson’s report. He addressed seasonal changes in traffic patterns, analysis of traffic increases for 90 units, analysis of the driveway intersections at Ferry Road, signage, and landscaping maintenance to preserve site-lines. D. Shearer questioned whether or not there were any findings regarding problems from Clark Street to Ferry Street due to increased traffic flow. S. Hopper stated that they are still awaiting requested accident data from the OS Traffic Commission.
Jill Cartagena, Point One Architects, presented the plans for the public access viewing platform. This area is in the northern most area and will include an open platform with a bench seat and a trash receptacle. There will be five parking spaces, one of which is handicapped. There will be bollards at the retaining wall as the elevation at road level is 20’, versus 4’ for parking below. John Cunningham discussed landscaping for this area, which will be low and will not affect the view corridor. He also discussed the natural buffer in the tidal wetlands The engineering plans show a dotted line 5-10’ in front of the silt fence. The area to the south will be maintained weekly and the area to the north will be left to naturalize. All organic fertilizer will be used north of
the road in order to protect the salt marsh.
B. Childress and Rich Grigoraitis, Cogent Management, discussed the affordability plan. Their presentation described a phased development of 90 total units. 27 of these units will be affordable with 14 at the 60% median income range and 13 at the 80% median income range. Each of the three phases will contain 30% affordable units. The affordable units are equivalent sizes to the market rate units, with the same quality of construction and options to upgrade. There are four affordable units total on the eastern side of Ferry Road and as flood insurance will be necessary for these units, there would most likely be a reduction in price to offset this cost. Mr. Grigoraitis reviewed the submitted affordability plan and discussed all of the costs which supported a monthly association fee of $290 per
unit.
C. Garbe inquired as to the ability to obtain financing for the units that are in the flood zone and whether or not the units could be rented should financing not come through. B. Childress stated that as they have no approvals, they have no firm commitments from banks. Additionally, while their principle objective is to sell the units they can also rent them and this has been included in the affordability plan. Cogent Management would be in charge of renting the units.
B. Friedmann inquired as to why only 30% of the affordable units are on the eastern side of the street. B. Childress stated that in order to keep the project financially feasible, they needed to put more market rate units on the eastern side. He describes it as one project on two sides of a public road.
The Commission returned to the question by abutting neighbor, Sandy Roberts, concerning her well. Chairman Friedmann advised her to get a baseline test for her water in order to demonstrate any adverse changes.
The Commission granted the 30 day extension request by Bill Childress on the Special Exception Application/Costal Site Plan Review of the time limited to close the public hearing.
MOTION: to continue the public hearing to July 18, 2011 at 7:30 p.m. at the Old Saybrook Town Hall First Floor Conference Room, 302 Main Street; MADE: by C. Sohl; SECONDED: by R. Friedmann;~VOTING IN FAVOR: R. Friedmann, M. Fish, C. Garbe, C. Sohl, D. Shearer; OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0.
V. OLD BUSINESS
None
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
None
VII. ADJOURNMENT
Chairman Friedmann adjourned the meeting at 9:50 p.m.
Respectfully Submitted,
Sarah H. Lyons
Zoning Commission Clerk
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