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Zoning Commission Minutes 08/15/2011
I.      CALL TO ORDER

       Chairman Friedmann called the meeting to order at 7:03 p.m.             .

II.     ROLL CALL

Attendant Members                                                               
Robert C. Friedmann, Chairman
Charles E. Sohl, Regular Member (arrived at 7:06 p.m.)                          
Madeleine B. Fish, Vice Chairman
Geraldine M. Lewis, Secretary
Carl C. Garbe, Regular Member
David M. Shearer, Alternate Member
John T. Talbott, Alternate Member

Attendant Staff

Christina Costa, Zoning Enforcement Officer
Kathleen Noyes, Zoning Clerk

R. Friedmann thanked the alternate members for their diligence and commitment, but he informed them that because all regular members of the Zoning Commission were present at tonight’s meeting, they would not be eligible to comment or vote on tonight’s deliberations.

III .   REGULAR BUSINESS

        A.  MINUTES

MOTION to approve the minutes as presented from the August 9, 2011 Special Meeting; MADE: G. Lewis; SECONDED by M. Fish; VOTED IN FAVOR: G. Lewis, M. Fish, R. Friedmann, C. Sohl, C. Garbe; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.


  • CORRESPONDENCE
  • DELIBERATIONS  (Continued from August 1, 2011)  
R. Friedman suggested that item B. should be considered first before item A. in order to determine its outcome by the commission and its impact on the site. Commission members agreed, therefore, item B. was discussed and deliberated on first.

B.  Between The Bridges/Marina Village 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

R. Friedmann questioned the wording on the affordability plan, specifically the statement about spending less than 30% of income on rent or ownership. He referred to documents dated March 1, 2011, in which, after running calculations, a one bedroom unit is more than 30% of the income. In R. Friedmann’s opinion, it’s over what is legally required,
Atty Knapp said he did notice this, but it is being given for example purposes. It is not an actual calculation for a tenant. R. Friedmann said the example doesn’t agree with the statute. R. Friedmann shared concerns that the number of affordable housing units is less than the full 30% of the allocated affordable units since the 30% was calculated by using the project area rather than two lots. Atty. Knapp said the commission will modify the numbers to make sure it complies with the statute, but the economics of the plan are not within the Zoning Commission’s authority.

R. Friedmann had great concern about the location of the septic system for the 8-30g affordable housing plan. He said the 8-30g sewage treatment plant is in the Special Flood Hazard Zone, and he felt that was not the best placement for it. He said to reduce the Flood Hazard area and to reduce costs for the tenants who would have to purchase Flood Hazard insurance, the sewage treatment area should be located outside of the Flood Hazard Zone.  He suggested that all sewage treatment units should be moved to the same side of the street. Another benefit would be that there would be fewer pipes under Ferry Road. He suggested that the sewage treatment plant should be in the Residence A District not the Marine Commercial district. It would enhance the economic viability and affordability of the plan if the sewage treatment plant was out of the Flood Hazard Zone.

R. Friedmann also noted that the 24 units do not contain the full complement of affordable housing. It contains only a percentage. After much discussion, Commissioners agreed that the distribution, location and number of units was satisfactory.

R. Friedmann discussed the screening of patios for the units. C. Costa explained if the members of the Zoning Commission chose to, they could make it part of their motion to allow 8-30g tenants to screen in their patios/decks in the marsh area so that each tenant wouldn’t have to apply to Zoning Commission for a site plan modification. Commissioners agreed this was a good idea.

C.Costa asked the Commission if they were comfortable with the application as presented due to legal issues that arisen when the application was submitted. Atty. Knapp and Atty. Branse, have a different opinion than Atty Childress regarding the degree to which the statute requires amending the language for the regulations for 8-30g. R. Friedmann said the housing court is likely to be in favor of whatever results in affordable housing. Atty Knapp answered by saying there’s not likely to be an appeal based on that issue. If the applicant thinks this proposal is satisfactory, it may be enough.   Text changes are required and helpful, especially to future applicants. The law is unclear, but Knapp and Branse feel regulations need to written in a centralized location. Atty Knapp proposes a change, but in light of the ambiguity of the law, he said Atty Childress should be allowed to proceed. The administrative law regarding regulatory reviews and issues is unclear. Administrative law interpretations and compliance are not something the Zoning Commission should base its decision on. The Gateway Commission has the power to veto a text change and they will not take action until the Zoning Commission takes its action.

R. Friedmann discussed setbacks on the tidal wetlands. He said it appeared to him that the roadway has the potential to be narrowed from 24’ wide to 20’ wide, and the land reclaimed could be allocated for separation from the tidal wetlands on the western side of the property if the dwellings could be moved 4’. The commission has the opportunity to provide for increased buffer for the tidal wetlands or for increased driveway overhang to prevent overhang on the sidewalk.

The Commission reviewed draft resolutions to approve and deny the applications.

Adopted resolution attached to these minutes.

MOTION to approve resolution for approval with modifications of the application for text change, site plan and coastal area management permit application for CZC #11-053, 90 dwelling units, including affordable units with appurtenant sewerage treatment facilities and maintenance building, parking and amenities, amended this evening August 15, 2011; Applicant: Between the Bridges, LLC, 139, 142 & 163 Ferry Road, (Map 45/ Lots 11, 14, 29 & 33) Residence A and MC Districts MADE: R. Friedmann; SECONDED by G. Lewis; VOTED IN FAVOR: G. Lewis, M. Fish, R. Friedmann, C. Sohl, C. Garbe; OPPOSED: R. Friedmann; ABSTAINED: none.; APPROVED: 5-0-0.


A.      Between The Bridges/Marina Village 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.

R. Friedmann stated that he felt the restaurant is not a water dependent use and that the previously approved application has displaced the restaurant due to the  location of residences on the east side of Ferry Road. Restaurant parking across the street will still be used. He questioned to what extent the restaurant was accessory to a marina use.

Regarding the parking requirement calculation, R. Friedmann asked C. Costa about retail versus office requirements for parking. He wanted to be sure that the uses had been described sufficiently so the parking allocation would be married to the uses proposed and that the uses were adequately described so they could be interchangeable in the future if the applicant proposed a change. He also wanted to confirm that the parking spaces for the marina and commercial uses were outdoor not indoor. C. Costa said the parking spaces are all designated. There will be key card access for those who should have access to the garages and parking on the east side of Ferry Road.


R. Friedmann asked commissioners for their comments regarding sidewalks, particularly on the south side of Ferry Road towards Route 1. He said a sidewalk would have the potential to be used and to improve the quality of life for the people who live there. At some point, there would need to be a wetlands crossing. Currently, there’s a guide rail and wetlands. With the implementation of the town Sidewalk Plan, sidewalks are being required with the idea that at some point, the sidewalks will connect. R. Friedmann felt this would be consistent with protection of the wetland and with the Sidewalk Plan.

Regarding the public access area on the Marine Commercial side, there are easements involved, and the Town has made no objections to what is proposed.

Open space was discussed. R. Friedmann felt that the wetlands dedicated in this application would fit into another system of wetlands, and M. Fish commented that the Conservation Commission would accept this.

R. Friedmann commended the engineering consultants for their great attention to detail.

Regarding the phasing plan, R. Friedmann wanted to make certain that Phase I takes place first, Phase II takes place second, etcetera, and he asked Atty Knapp to make sure this is written into the resolution.
This area by the bulk head does not currently meet landscaping requirements. #18 & #7  in the draft resolution addresses this. R. Friedmann asked if the commission would like to request landscaping. M. Fish stated she did not like trees in pots. From the Ferry Road street perspective, there will be more landscaping, and this is an improvement, but at the lower levels by the water, the landscaping will not be improved.

C.Sohl expressed concerns about the structural soundness and safety of the deck that the restaurant is built upon. It has visible rust, and it’s been in existence for many, many years. Atty Knapp said the repair of the deck is a major component of the proposal. He said the Zoning Commission should look at it from the land use perspective, and that there has been testimony from a structural engineer and other professionals to show this will be a safe and structurally sound development.

R. Friedmann asked about outdoor entertainment at the restaurant and how this could impact the residents in the new residential developments. E. Knapp said there are limitations for hours of operation in the Statement of Use and the Town noise ordinances.

The Commission reviewed draft resolutions to approve and deny the applications.

Adopted resolution attached to these minutes.
MOTION to approve resolution for approval with modifications of the application for special exception and coastal area management permit application for CZC #11-054, boat marina, four marine commercial buildings, one restaurant, one retail/commercial, indoor/outdoor boat storage amended this evening, August 15, 2011; Applicant: Between the Bridges, LLC, Ferry Road, (Map 45/ Lots 11, 14, 29 & 33) Residence A and MC Districts MADE: R. Friedmann; SECONDED by G. Lewis; VOTED IN FAVOR: G. Lewis, M. Fish, R. Friedmann, C. Sohl, C. Garbe; OPPOSED: R. Friedmann; ABSTAINED: none.; APPROVED: 4-1-0.

VI.   COMMITTEE, REPRESENTATIVE & STAFF REPORTS

VII.  ADJOURNMENT

MOTION to adjourn the meeting at 10:07 p.m. until the next Regularly Scheduled meeting on Monday, September 19, 2011, 7:30 p.m., Old Saybrook Town Hall, 1st Floor Conference Room; MADE: R. Friedmann; SECONDED by G. Lewis; VOTED IN FAVOR: G. Lewis, M. Fish, R. Friedmann, C. Sohl, C. Garbe; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.

Respectfully Submitted,




Kathleen Noyes
Zoning Commission Clerk


Zoning Commission of the Town of Old Saybrook

RESOLUTION FOR APPROVAL WITH MODIFICATIONS
OF THE APPLICATION FOR TEXT CHANGE, SITE PLAN
AND COASTAL AREA MANAGEMENT PERMIT APPLICATION

CZC # 11-053, 90 dwelling units, including affordable units with appurtenant sewerage treatment facilities and maintenance building, parking and amenities
Applicant: Between-the-Bridges, LLC
139, 142 & 163 Ferry Road
Assessor’s Map 45 / Lots 11, 14, 29 and 33
Residence A and Marine Commercial Districts

Adopted at the August 15, 2011 Zoning Commission Meeting

WHEREAS, the Old Saybrook Zoning Commission (“Commission”) received at its Regular Meeting of April 4, 2011, from Between-the-Bridges, LLC (“Applicant”) an Application for Approval of a Site Plan for an affordable housing (Connecticut General Statutes § 8-30g) use as well as proposed zoning text (“Application”).  The Site Plan and accompanying mapping, survey, utility and parking plans have been revised through July 13, 2011.  The accompanying Statement of Use, as amended through June 17, 2011, describes a proposed affordable housing common interest community, divided north to south by Ferry Road, including 90 residential units, 27 of which will qualify as affordable.  The residential units will co-exist with and share certain management costs, services and amenities with a marina, restaurant and other marine commercial uses on the parcels to the east of Ferry Road.  Other Application materials, including an affordability plan revised through July 5, 2011, depict the fourteen structures, one three-story building and thirteen two-story buildings with an aggregate gross floor square footage of approximately 249,170 square feet, with one hundred and ninety-four (194) parking spaces to be constructed (including 13 parallel parking spaces along Ferry Road and 38 reserve (pervious) spaces including 26 also designated as the boules court in season), landscaping, and other improvements, such as signage, utilities, architectural treatments, fencing, parking, and off-site improvements to the through road.

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 June 6, 2011,June 20, 2011 and July 5, 2011 and August 1, 2011;

WHEREAS, the Commission heard evidence as to the interaction and interrelated nature of Affordable Housing residential use with the adjacent and contiguous commercial development, which use has also been applied for by the Applicant simultaneously with the present Application;

WHEREAS, the Commission is aware of the Town of Old Saybrook’s lack of affordable housing and its obligations to fulfill the objectives embodied by Connecticut General Statutes § 8-30g, as well as the requirements imposed by that statute.

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

WHEREAS; the Connecticut River Gateway Commission has offered its input on the plans and indicated that it does consider the text proposed by the Applicant as a “regulation revision” subject to its review per Connecticut General Statutes § 25-102g; 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 Between-the Bridges, LLC
For Text Change, Site Plan
And Coastal Area Management Permit Application
90 dwelling units, including affordable units with appurtenant sewerage treatment facilities and maintenance building, parking and amenities
139, 142 & 163 Ferry 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 site plan, affordability plan and Coastal site plan application from the Applicant, which has stated it owns or has contract rights to acquire 11.2 acres in the Residential A and MC Marine Commercial 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. (Section 51.5.3)
  •         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 well-marked interior walkways on both sides of Ferry Street, as well as the mixed-use of parking and boat storage in appropriate locations.  Subject to the conditions set forth below, the sidewalks will now continue along the development’s southern frontage (towards Route 1).  (Section 51.5.6)
  •         The landscaping and screening of the site complies with the intent and purpose of the Regulations.  The proposed landscaping along the open space will provide an appropriate buffer between the used areas of the site and the adjacent open space.  The organic treatment restrictions offered by the Applicant will provide additional protections to the wetlands.  Subject to the conditions set forth below, the two specimen maple trees have been preserved through the shifting of utilities or improvements.  (Section 51.5.7)
  •         The glare from the installation of outdoor lighting 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.  The new two-path septic system will better insure the maximization of the system’s use and minimize its maintenance costs.  The reduction in size of the restaurant, together with the residential uses should reduce the fluctuations in seasonal variability, which together with the two-path nature of the system should insure the system is less likely to fail.  (Section 51.5.9)
  •         The development of the site will preserve sensitive environmental land features, specifically the tidal wetlands along the westerly edge of the property.  (Section 51.5.10)
  •         The location, size, scale and overall architectural character of the proposed 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.  (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 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, dated August 15, 2011, 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, Bruce Hillson, Traffic Engineering Solutions.  While the Commission acknowledges Mr. Hillson’s concerns about the driveway’s slope, this drive is not being altered by the proposed activities and constitutes, in essence a “pre-existing non-conforming condition”.  While the Commission is not entirely satisfied with this condition, it feels it cannot obligate the applicant to alter the existing conditions as a condition of this approval.  Subject to the conditions set forth below, the parking for the restaurant should be adequate and the safety of patrons preserved.  Subject to the conditions set forth below, the sight distance requirements from the entrances looking north will be improved enough to provide adequate safety for pedestrians crossing in these locations. (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 DEEP, and the Commission is satisfied that all of Geoffrey 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 dated May 24, 2011 and have attempted to incorporate the recommendations contained in the referral into the conditions set forth below.
  •         The Commission finds that the conveyance of the Open Space to the Town of Old Saybrook in precisely the amount and configuration as proposed by the Applicant is in the best interests of the Town of Old Saybrook, as recommended by the Conservation Commission.
  •        Subject to the conditions set forth below, the addition of shade trees to the proposed landcaping plan will create an appropriate riparian buffer. (Section 63.4.2 A).
  •         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.  The bulkhead along the easterly side of the property is not changing, so there will be no real change to the resources along the Connecticut River.  Given the deeding of the open space as well as the restrictions on the chemicals and materials which can be used for landscaping purposes, as well as the buffering along the tidal wetlands, the Commission is persuaded that the coastal resources have been protected to the greatest extent possible given the size and scope of the proposed project.
   
  •         The Commission finds that the storage of boats is a water-dependent use, as the Department of Energy and Environmental Protection, Office of Long Island Sound Programs (OLISP) avers.  The Applicant has now provided indoor and outdoor winter boat storage in an amount sufficient to retain this feature of the property.  This fact, together with the retaining of the marina, marine storage areas and repair facilities and the creation of an additional marine services commercial service building and a public access viewing area allows the Commission to find that the purposes of the Coastal Area Management Act are being met through the approval of this development.
  •        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.
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.      Approval by the Connecticut River Gateway Commission of the proposed zoning text submitted by the Applicant, pursuant to Connecticut General Statutes § 25-102g.

B.      Applicant shall identify if the existing tree/vegetation line west of Buildings J through O is proposed for removal in order to establish lawn area.

C.      Applicant shall locate wheel stops where no curb is proposed and place details on the plans accordingly.
D.      Applicant shall modify discrepancies/omissions between all plans to make consistent directional signs, stop signs, and stop bars throughout the development.

E.      Applicant shall provide typical details of public access signs per the Department of Energy and Environmental Protection, Office of Long Island Sound Programs (OLISP) and handicapped parking signs per Building Code.

F.      Applicant shall consult with the Police Commission as to whether on-street parking signs should indicate a time limit appropriate to the expected use.

G.      (deleted)

H.      Applicant shall incorporate the recommendations made by the Commission’s consulting engineer, Jacobson & Associates, dated August 2, 2011, including:

        1.      The Applicant’s engineer shall perform a full check of the site’s utilities to assure that there will not be any conflict with the gravity fed storm drainage pipes and gravity fed sanitary sewer system pipes, with these pipes relocated as need be to insure that they do not occupy the same spaces.

        2.      Either provide documentation regarding the proposed four Vortechnic units sufficient to satisfy the Commission’s consulting engineer that the on-line or offline configuration options recommended by the manufacturer have been complied with, or redesign them accordingly.

        3.      Address the concerns set forth in 1.d., specifically including those regarding:
a.       the horizontal dimensions of the subsurface infiltration galleries to insure their consistency with Sheet 21 of 27 of the Applicant’s plans;
                b.      The 0.69 void space ratio used in the storage volume calculations, which appears to be inconsistent with the storage available;
                c.      The “bottom elevation” of the subsurface infiltration basins are to be measured at the bottom of the concrete unit and not at the bottom of the crushed stone bed.

        4.      Provide spot elevations at the corners of all parking areas to insure proper drainage and minimum/maximum slopes.

        5.      Catch basin and manhole top of frame elevations listed on the plans and used in design calculations should be consistent with the surrounding proposed topography.

        6.      Insure that the Town of Old Saybrook will be taking ownership and responsibility for maintenance of Subsurface Infiltration Area 2, or redesign the infiltration area so as not to be within the Town of Old Saybrook right of way.

        7.      Address the comments in 1.p. including the output peak flow rates and the revised calculations for the portion of the drainage system which goes through Subsurface Infiltration Areas 3 and 5. Provide one full and complete set of drainage calculations/maps with a list or table of contents of the items provided.

        8.      Resolve the discrepancies between the design calculations provided in the drainage report and the drawing set.

        9.      Redesign all parking areas to insure slopes of less than five percent.

        10.     Redesign all aisles to perpendicular parking spaces to have a minimum width of 24' where possible.

        11.     Relocate all stop bars which presently require the stopping of vehicles in sidewalks.

        12.     Narrow Ferry Road to have the following widths: parallel parking spaces of 8' in width; a bicycle lane of 4' in width and two travel lanes of 11 feet in width.

        13.     To the extent possible, provide areas outside the flow of traffic to allow residents to access the proposed communal mailboxes.

        14.     Existing guide rails should remain, or where no longer adequate, proposed guardrails should be provided along all areas adjacent to the water.  Concrete end anchorages should be provide at terminal ends of all guide rails.

        15.     Indicate on the plans where reserve snow storage areas are located throughout the site.

        16.     Per comment 4.d.ii, the silt fence should be extended further west along the southern property line of the marine commercial parcel up to the street line, and further to the north on the east side of building MC3 beyond the limit of the foundation.

        17.     Per comment 4.g., the discharge from the footing drains on Buildings J and K must be relocated to the base of the 2H:1V slope with scour protection provided.

        18.     A detailed construction phasing plan should be submitted identifying the full extent of all proposed improvements to be included with each phase.

        19.     Sawcut lines should be shown as transitions between pavement which will be removed and that which will remain, this includes the pavement at Ferry Road.

        20.     All construction detail and design computations should be provided for each of the various retaining walls on site to ensure that they will retain as shown on the plans.  The construction details should show railings that will be provided and any treatment for pipes which penetrate the wall.

J.      Phasing shall occur in the consecutive order, Phase I first, Phase II second and Phase III third.

K.      Per the report of the Fire Marshal, there can be no storage of anything except vehicles under Buildings A and B in the parking garage for the project.  The design of the parking garage shall be modified to include the installation of a standpipe system.  Boats shall not be stored farther north than the MC1 building, and in no circumstances shall they be stored next to Buildings A and B.  A plan detailing how boats are to be placed and stored in this area shall be prepared and submitted to the Fire Marshal for review and approval.  The water main servicing the site shall be increased to a level to provide adequate flow to the proposed fire hydrants servicing the east side of the project.

L.      The driveway by Buildings G through O shall be reduced from twenty-four feet (24') to twenty feet (20') in order to increase the setback from the tidal wetlands and to increase the driveway lengths. The applicant will work with staff and engineer to work this out on a building by building basis to best balance the distances in each case.


Dated at Old Saybrook, Connecticut, this           day of August, 2011.

                                                OLD SAYBROOK
                                                ZONING COMMISSION

                                                                                                                    
                                                By:
                                                       (Secretary/Chairman)

Zoning Commission of the Town of Old Saybrook

RESOLUTION FOR APPROVAL WITH MODIFICATIONS
OF THE APPLICATION FOR SPECIAL EXCEPTION
AND COASTAL AREA MANAGEMENT PERMIT APPLICATION

CZC #11-054, boat marina, four marine commercial buildings, one restaurant, one retail/commercial, indoor/outdoor boat storage
Applicant: Between-the-Bridges, LLC
Ferry Road
Assessor’s Map 45 / Lots 11, 14, 29 and 33
Residence A and Marine Commercial Districts

Adopted at the August 15, 2011 Zoning Commission Meeting

WHEREAS, the Old Saybrook Zoning Commission (“Commission”) received at its Regular Meeting of April 4, 2011, from Between-the-Bridges, LLC (“Applicant”) an Application for Approval of a Special Exception use (“Application”).  The accompanying Statement of Use, as amended through July 5, 2011, describes a proposed mixed use development, including the existing boat marina, with its 289 slips, three existing marine commercial buildings, one new marina commercial buildings, the change in location and reduction in size of the present restaurant, proposed at 150 seats, the renovation of an existing business/retail building, indoor/outdoor boat storage, as well as related public access easements and deeded open space of some 5.66 acres.  Each of these uses is permitted in the Marine Commercial District.  Other Application materials, including a site plan, revised through July 13, 2011, depict the six structures, four single-story buildings and two two-story buildings with an aggregate gross floor square footage of approximately 44,356 square feet, with three hundred and four (304) parking spaces to be constructed, landscaping, and other improvements, such as signage, utilities, architectural treatments, fencing, parking, and off-site improvements to the through road.

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 June 6, 2011,June 20, 2011 and July 5, 2011 and August 1, 2011;

WHEREAS, the Commission heard evidence as to the interaction and interrelated nature of the commercial development with the adjacent and contiguous Affordable Housing residential use, which use has also been applied for by the Applicant simultaneously with the present Application.

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 Chapter 118, 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 Between-the Bridges, LLC
for boat marina, four marine commercial buildings, one restaurant, one retail/commercial, indoor/outdoor boat storage
Ferry 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 4.6 acres in the MC Marine Commercial 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. (Section 51.5.3)
  •         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, floor 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 well-marked interior walkways on both sides of Ferry Road, as well as the mixed-use of parking and boat storage in appropriate locations.  Subject to the conditions set forth below and review and approval by Old Saybrook's IWWC and the DEEP, the sidewalks will now continue along the development’s southern frontage (towards Route 1).  (Section 51.5.6)
  •         The landscaping and screening of the site complies with the intent and purpose of the Regulations.  The filling in of the area along Ferry Road removes a dangerous condition and replaces it with street trees, creating a much more appealing view from the road.  Subject to the conditions set forth below, the trellises along the commercial buildings as well as the proposed interior landscaping will break up what it presently a very sterile, concrete deck.  Subject to the conditions set forth below, the two specimen maple trees have been preserved through the shifting of utilities or improvements.  (Section 51.5.7)
  •         The glare from the installation of outdoor lighting 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.  The new two-path septic system will better insure the maximization of the system’s use and minimize its maintenance costs.  The reduction in size of the restaurant, together with the residential uses should reduce the fluctuations in seasonal variability, which together with the two-path nature of the system should insure the system is less likely to fail.  (Section 51.5.9)
  •         The location, size, scale and overall architectural character of the proposed 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.  (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 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, dated August 15, 2011, 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, Bruce Hillson, Traffic Engineering Solutions.  While the Commission acknowledges Mr. Hillson’s concerns about the driveway’s slope, this drive is not being altered by the proposed activities and constitutes, in essence a “pre-existing non-conforming condition”.  While the Commission is not entirely satisfied with this condition, it feels it cannot obligate the applicant to alter the existing conditions as a condition of this approval.  Subject to the conditions set forth below, the parking for the restaurant should be adequate and the safety of patrons preserved.  Subject to the conditions set forth below, the sight distance requirements from the entrances looking north will be improved enough to provide adequate safety for pedestrians crossing in these locations. (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 Geoffrey 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.
  •        Subject to the conditions set forth below, the addition of shade trees to the proposed landscaping plan will create an appropriate riparian buffer. (Section 63.4.2 A).
  •         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.  The bulkhead along the easterly side of the property is not changing, so there will be no real change to the resources along the Connecticut River.  The Commission is persuaded that the coastal resources have been protected to the greatest extent possible given the size and scope of the proposed project.
   
  •         The Commission finds that the storage of boats is a water-dependent use, as the Department of Energy and Environmental Protection, Office of Long Island Sound Programs (OLISP) avers.  The Applicant has now provided indoor and outdoor winter boat storage in an amount sufficient to retain this feature of the property.  This fact, together with the retaining of the marina, marine storage areas and repair facilities and the creation of an additional marine services commercial service building and a public access viewing area allows the Commission to find that the purposes of the Coastal Area Management Act are being met through the approval of this development.
  •        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.
Specifically based on the findings set forth above, the Commission APPROVES this application and its associated coastal area management (CAM) 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 August 1, 2011 correspondence from Geoffrey Jacobson, P.E., and the August 2, 2011 correspondence from Kati Mercier, P.E., both of Nathan L. Jacobson & Associates, Inc. to Christina Costa.  Specifically, these items shall include:

        1.      Retrofit buildings MC1 and MC2 with flood vents, elevate all mechanical equipment and utilities above the base flood elevation. and make provisions to secure all boats located below the base flood elevation, and make provisions to store all paints, petroleum products, solvents and other hazardous materials above the base flood elevation.

        2.      Demonstrate that the anoxic/equalization tank located in MC3 directly under the control room will resist failure from buoyancy without any liquid in the tank.

        3.      Demonstrate that the various proposed tanks to the west of MC3, including the clearwells, pump station and reactor tanks have been designed to resist failure from buoyancy without any liquid in the tank.

        4.      The sprinkler room in the parking garage must be elevated above base flood elevation.

        5.      Track and document the cost of improvements to the existing marine commercial buildings’ (MC1, MC2 and MC3) structure over the required ten-year period.

        6.      Existing guardrails should remain, or where no longer adequate, proposed guardrails should be provided along all areas adjacent to the water.  Concrete end anchorages should be provide at terminal ends of all guide rails.

        7.      Indicate on the plans where reserve snow storage areas are located throughout the site.

        8.      The silt fence should be extended further west along the southern property line of the marine commercial parcel up to the street line, and further to the north on the east side of building MC3 beyond the limit of the foundation.

9.      Sawcut lines should be shown as transitions between pavement which will be removed and that which will remain, this includes the pavement at Ferry Road.

        10.     A construction detail and design computations should be provided for each of the various retaining walls on site to ensure that they will retain as shown on the plans.  The construction details should show railings that will be provided and any treatment for pipes which penetrate the wall.

        11.     Insure that the Town of Old Saybrook will be taking ownership and responsibility for maintenance of Subsurface Infiltration Area 2, or redesign the infiltration area so as not to be within the Town of Old Saybrook right of way.

        12.     The Applicant’s engineer shall perform a full check of the site’s utilities to assure that there will not be any conflict with the gravity fed storm drainage pipes and gravity fed sanitary sewer system pipes, with these pipes relocated as need be to insure that they do not occupy the same spaces.

        13.     Either provide documentation regarding the proposed four Vortechnic units sufficient to satisfy the Commission’s consulting engineer that the on-line or offline configuration options recommended by the manufacturer has been complied with, or redesign them accordingly.

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

C.      The deed from Theodore Lemelin to Between-the-Bridges, LLC shall be finalized, as well as a deed merging the Lemlin parcel with the parcel on the westerly side of Ferry Road will need to be recorded prior to the issuance of a certificate of zoning compliance.
                
E.      Landscaping and sediment and erosion control bonds will need to be posted in an amount to be set by the commission’s consulting engineer.

F.      Applicant shall address issues raised by the Fire Marshal in his report dated August 15, 2011.   Specifically these items shall include:

        1.      There can be no storage of anything except vehicles under Buildings A and B in the parking garage for the project.  
        2.      The design of the parking garage shall be modified to include the installation of a standpipe system.
        3.      Boats shall not be stored farther north than the MC1 building, and in no circumstances shall they be stored next to Buildings A and B.  
        4.      A plan detailing how boats are to be placed and stored in this area shall be prepared and submitted to the Fire Marshal for review and approval.  
        5.      The Applicant’s engineer shall review with the Commission’s consulting engineer and Fire Marshal whether the flow rate of water to the site is adequate to provide sufficient amounts of water to allow adequate fire suppression.  If the Fire Marshal and consulting engineer are not convinced that the present water main servicing site does provide sufficient water, then the water main servicing the site shall be increased to a level to provide adequate flow to the proposed fire hydrants servicing the east side of the project.

G.      All comments which were a part of the recommendations of the Old Saybrook Planning Commission dated May 24, 2011 shall be incorporated into this approval motion by reference.

H.      Applicant shall be responsible for the clearing of sufficient vegetation on site and on adjacent off-site properties to create the sight line needed to meet the 85th percentile speeds, per Bruce Hillson’s August 1, 2011 report.

I.      Applicant shall make the northerly entrances to the easterly and westerly sides of the development an all-way stop controlled intersection to provide additional safety for drivers and pedestrians, per Bruce Hillson’s August 1, 2011 report.

J.      Applicant shall add trellises to the sides of existing Buildings MC2 and MC4 as well as MC3, so as to further soften their appearance from the river, per the report of the Land Use Department dated August 2, 2011.

L.      Applicant shall clear brush and trim trees on the property now or formerly owned by Loveland.

M.      Applicant shall supplement the required 20' required perimeter buffer with native, non-invasive landscaping appropriate for a riverine environment that does not completely obstruct the view.

N.      Narrow Ferry Road to have the following widths: parallel parking spaces of 8' in width; a bicycle lane of 4' in width and two travel lanes of 11 feet in width.

O.      Sidewalks shall be continued within the Ferry Road right-of-way along the development’s southern frontage, subject to the approval of the DEEP and other agencies with jurisdiction over this location.

Q.      The Applicant shall locate wheel stops or guide rails where no curb is proposed as a barrier adequate to prevent vehicles from rolling/driving into the water.

R.      The Applicant shall modify discrepancies/omissions between all plans to make consistent directional signs, stop signs and stop bars throughout the development.

S.      The Applicant shall provide typical details of public access signs per OLISP and handicapped parking signs per Building Code.

T.      The Applicant shall shift the utilities or improvements, as required, to avoid the necessity of removing the existing 48" maple trees located on the west parcels, and incorporate those changes into the landscaping plans.

U.      The Applicant shall supplement the lack of perimeter buffer width with additional shade trees appropriate for a riparian buffer.

Dated at Old Saybrook, Connecticut, this           day of August, 2011.

                                                OLD SAYBROOK
                                                ZONING COMMISSION


                                                                                                                    
                                                By:
                                                       (Secretary/Chairman)