TOWN OF OLD SAYBROOK Zoning 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
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Members Charles E. Sohl John T. Talbott
Alternate Members Thomas C. Farnham, Jr. Elizabeth D. Steffen Robert E. Richards
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REGULAR MEETING MINUTES
Monday, January 7, 2013 at 7:00 PM
1st floor conference room – Town Hall
302 Main Street
I. CALL TO ORDER
Chairman Friedmann called the meeting to order at 7:05 p.m.
II. ROLL CALL
Attendant Members Absent Members
Robert C. Friedmann, Chairman Geraldine M. Lewis, Secretary
Madge Fish, Regular Member Robert Richards, Alternate Member
John T. Talbott, Regular Member Charles Sohl, Regular Member
Elizabeth Steffen, Alternate Member
Thomas C. Farnham, Jr., Alternate Member
Attendant Staff
Christine Costa, Zoning Enforcement Officer
Meryl Tsagronis, Administrative Clerk
Elizabeth Steffen was seated for Charles Sohl
Thomas Farnham was seated for Geraldine Lewis
There were six members of the audience present.
III. REGULAR BUSINESS
A1. ELECTION OF OFFICERS
MOTION to amend Agenda to include election of officers for 2013; MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Madge Fish nominated Robert Friedmann for Chairman.
MOTION to close nominations for Chairman of Zoning Commission. MADE: by E. Steffen; SECONDED: by T. Farnham; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to cast a unanimous ballot for Robert Friedmann for Chairman of Zoning Commission for 2013. MADE: by M. Fish; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Elizabeth Steffen nominated Madge Fish for Vice Chairman.
MOTION to close nominations for Vice Chairman of Zoning Commission for 2013. MADE: by J. Talbott; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to cast unanimous ballot for Madge Fish for Vice Chair of Zoning Commission for 2013. MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Elizabeth Steffen nominated John Talbott for Secretary.
John Talbott nominated Geraldine Lewis for Secretary
MOTION to cast unanimous ballot for Geraldine Lewis for Secretary of the Zoning Commission for 2013; MADE by J. Talbott; NO SECOND, NO VOTE. MOTION DID NOT CARRY.
MOTION to close nominations for Secretary of Zoning Commission. MADE: by E. Steffen; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to cast unanimous ballot for John Talbott for Secretary of Zoning Commission for 2013; MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
A2. MINUTES
The Commission made the following amendments to the minutes of December 17, 2012.
p. 2 par 6: change ‘deflects with wind’ to read ‘deflects wind’;
p. 3 second bullet point to read: ‘The dimensions of the mulch fence over 6’ high will be counted as structure coverage’;
MOTION to approve the Minutes from the December 17, 2012 Regular Meeting, as amended: MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
B. CORRESPONDENCE
Correspondence was all related to applications. No bills.
IV. PUBLIC HEARINGS
- “Hotel Suites in the SP-2 and SP-3 Districts” Petition to Amend Zoning Regulations
Section 53.1 Special Standards for Specific Uses to reduce parking ratio requirement. Petitioner: Saybrook Pt. Marina, LLC, & Rosewood, LLC, Agent: David M. Royston, Esq.
Attorney David Royston explained that the applicant seeks to amend the parking requirement for accessory hotel suites or bedrooms in the SP-3 (Saybrook Point 3) District.
D. Royston explained that if the hotel suites were to be on a separate lot in an existing building then the conversion would be subject to a list of regulations specified in Section 53. Regulation “I” states that in the event of converting a building then the parking use shall be two spaces per hotel suite (two bedrooms), and one and a quarter for each hotel room (a single room less than 750 sq feet).
The applicant is owner of properties in SP-3 District. Saybrook Point Marina is owner of property on the west side, and the Marina apartments, 19 Bridge St ( a single lot) is owned by Rosewood LLC. There are two applicants because both properties have potential of becoming hotel suites or hotel rooms.
Rosewood LLC hopes to apply soon for a facility accessory to the Saybrook Point Inn on its property. The existing property, which is a two story framed dwelling, has 6 bedrooms.
D. Royston explained about a variance that applicant of 21 Bridge Street had received. The applicant had received a variance with respect to parking being located on the same lot with the use. The variance stated that 21 Bridge St needed 10 parking spaces.
Under current regulations, 8 spaces would be required. D. Royston clarified that the change is not being made to obtain additional bedrooms on either site, but rather to allow for a parking plan that will be what is more appropriate. They have also tried not to have unnecessary impervious surfaces.
D. Royston explained that the applicant wishes to have the parking requirement reduced from 1 and 1/4 spaces to 1 parking space per bedroom, noting that this applies only to the SP-3 accessory use regulation. Under those regulations you don’t have employees on the property.
Steve Tagliatella, manager Saybrook Point Inn LLC, and member of Rosewood LLC, explained why 1 1/4 spaces per bedroom is excessive. They are finding that people are using the train station more than before. His business sees more commuting, and they expect parking requirements to ease.
D. Royston confirmed that the requested regulation change only applies to SP-3 zone
A. Discussion ensued about referrals from nearby property owners and it was determined that the Commission had not heard from Gateway. In light of the absence of comments from the CT River Gateway Commission, D. Royston asked that the effective date be deferred upon confirmation of no objection by the Gateway Commission. M. Fish added that Gateway has a right to intervene if they so wish. The Zoning Enforcement Officer suggested that the public hearing remain open until February 4, 2012 so that the Gateway Commission could comment while the hearing was open. All agreed.
D. Royston asked if the applicant could submit an application while the text change was pending not be chastised for beginning an application procedure before it had been referred. The Commission had no objection and noted that applications have been received in the past while a text change was pending.
MOTION to continue this text change application of Hotel Suites in the SP-2 and SP-3 Districts to the February 4, 2013 regular meeting, at the Old Saybrook Town Hall, 1st floor Conference Room, 302 Main Street at 7:00p.m.; MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
B. Application for Special Exception Permit by Tractor Supply Company
19,097 s.f. retail sales building and a 15,000 s.f. outdoor sales area, 401 Middlesex Tpke., Map 52 Lot 96, B-4 District, Aquifer Protection Area:
Applicant: NERP Holding & Acquisitions, LLC, Agent: James P. Cassidy, P.E.
James Cassidy, Agent. Also present was Mark D’Adabbo of NRP Holdings.
Chris Costa stated for the record that the Commission had received Ordinance 71 fees for the application.
J. Cassidy described the nature of the proposed Tractor Supply store. It is a retailer that supplies the gentlemen farmer. It does not sell tractors or farm equipment. The applicant proposes to construct a new Tractor Supply facility, on 5.46 acres, removing the existing building, formerly Overhead Door Company. They propose to construct a new store, 19,097 sq ft, with an additional 15,000 sq ft outdoor display area (for large products, i.e implements for tractors, and corralling items). The outdoor area will be gated and customers can drive in for pick up. Regarding parking, per zoning regulations they are required to have 1 parking space per 175 sq feet of retail area which works out to 109 parking spaces for the main area and 15 spaces for the side yard area, which J. Cassidy believes is too many spaces and
not warranted based on experience with other Tractor Supply stores in CT.
They are asking to defer 13 spaces on the westerly side and another 29 spaces on southerly side, for a proposed deferral of up to 52 spaces. This would result in 72 parking spaces in the main drive, and later, if more spaces are needed, they could be added.
J. Cassidy described a seasonal display area located at front of building. At the far west side they would like to designate an area for trailer display.
J. Cassidy explained “WB65”, or “wheel base 65”, as it relates to the driveway space needed for trucks to turnaround, noting that the delivery area does meet this requirement.
J. Cassidy discussed drainage for the site, proposing a series of catch basins; the catch basins discharge through a pipe system, then discharge to a storm water quality basin, then to an outlet control structure, to a level spreader and then into wetlands at northwest corner of site. He further explained how the storm water quality basin was designed to treat first flush, which contains pollutants from the parking area, with an overall aim to reduce impact on any downstream structures.
The property is serviced by public water, not by public sewers. They will need to construct a septic system onsite, at southwest corner of site. He pointed out that they meet and exceed all zoning requirements i.e. 50’ front building line; as well as requirements for side yard set backs, building coverage, and impervious coverage.
For the building itself, they are proposing a farming-themed look, 19,097 sq ft (not prototypical size) with a gambrel roof. A series of awnings project over one side of the building.
For signage, they are proposing 2 signs, one over front entrance at 120 sq ft. (6’ x 20’). On the Middlesex Turnpike side another sign is proposed at 70 sq ft (14’ x 5’).
At front of site, they are proposing one free standing sign, a “monument sign” at 8’ high and an area of 50 sq ft. Architectural Review Board asked that they landscape in front of the sign, and use a solid material at the base.
Regarding landscaping, J. Cassidy explained they are required to put in 1 tree per 40 linear feet of frontage. A discussion of landscaping around the building followed.
J. Cassidy noted that they are in the process of addressing comments from Zoning Commission and brought to the Commission’s attention a letter from Cindy Guadino of the CT Water Company. He spoke about what the applicant is doing to address the concerns of the Water Company. Their three main concerns are:
- storing of hazardous chemicals, potential spills when fueling of equipment
- discharge of storm water to wetlands
- amount of impervious coverage on the site
J. Cassidy explained that the refueling is not a regulated activity as determined by the DEEP and that APA determined a permit is not required. They have agreed to reslope the loading area with a continuous curb around it, so that if something falls off a truck the spill will be contained. And they will extend a covered area over the loading dock to prevent inclement weather from mixing with spilled material. He noted that Tractor Supply staff is trained for treating hazardous spills and spill prevention.
J. Cassidy explained how the catch basins function, as well as proposed modifications to the drainage system for improved filtration, and believes they have addressed Miss Gaudino’s concerns about treatment of the water.
J. Cassidy explained that they are looking at a slight modification to the drainage system. He noted that per zoning regulations they are allowed to have up to 70% of impervious coverage, and they are at 47%. He discussed plans to add swales on northeast side, and constructing another swale in the deferred parking spaces on west side, which will increase infiltration. And he reminded the Commission that they propose to defer 52 parking spaces, which would further decrease impervious coverage, estimated at about a 14% reduction. He believes they are at 25.9% (or about 1/3 of what is required by regulations) of allowable impervious coverage. They are in the process of making these modifications and addressing the Water Company concerns.
J. Cassidy noted that the 275 gallon oil tank currently on site will be replaced by propane.
J. Cassidy also discussed site lighting: showed proper lighting with level of 1.45 foot candles. The lights will not exceed 14 feet overall height. They propose a light pole of 11’ 6” placed atop a 30” concrete base, which will prevent pickup trucks from knocking over the light pole, but instead hit the base.
The Commission members then asked questions:
C. Costa: noted that many referrals were received from many concerns, still waiting for response from the Health District.
M. Fish: asked if the applicant is working with the Water Company.
J. Cassidy replied that he is working with the Water Company and that Miss Guardino indicated that with these modifications they would be able to provide a letter in support of the application, and that they would like to see a revised set of plans.
T. Farnham: what kind of surface is at the loading dock?J. Cassidy: it is concrete, with an impervious liner below it
R. Friedmann stated he appreciates the effort and concern over the parking spaces and noted that the regulations are to protect the land, and are not to regulate the user of the land. Regarding parking spaces for the outside storage area, The Commission needs to discuss the ramifications of additional retail sale space in the outdoor area and the impact on parking requirements, and whether reserved spaces are needed.
R. Friedmann asked that the Applicant consider regulations regarding interior parking lot landscaping area, Section 63.5. He would like to receive data on whether they have complied with that regulation.
Regarding building design that faces Middlesex Turnpike, and regulation Section 68.2.4. r. Friedmann indicated that he is in favor of the design. He clarified which wall to measure for the area of the sign, stated that the Zoning Commission enforces the regulations, and that the Architectural Review Board has input but does not enforce.
He asked for clarification about runoff.
He asked about the covered loading dock area, and asked for clarification about the height of the fence and the materials that will be stacked and stored inside that area.
J. Cassidy responded that while the fence is 8’ high, some large items are stored within that area and may exceed the 8’ height, i.e. horse fencing, when leaned against the wall, will be higher than 8’.
R Friedmann stated that he’d like to see that use noted in the plan so there is no misunderstanding.
J. Cassidy also noted he is working with the Fire Marshall to ensure compliance with fire truck access.
R. Friedmann: is there enough traffic to require a traffic study?
J. Cassidy: a traffic study has already been done.
R. Friedmann; regarding wall packs, how many are beyond the footprint of the loading dock?
J. Cassidy: he will look into it, and see if they are necessary.
R. Friedmann: noted that light trespass across the property lines looks to be okay, but they will want to confirm this. He also asked if the sidewalk display area at south end is covered? J. Cassidy: the majority is not covered, they are about 5’ out from the building.
R. Friedmann: does this constitute additional sq footage?
J. Cassidy: he will check to see if they need to be included as part of the square footage.
J. Talbott: what are the hours of operation?
Mark D’Adabbo, Developer: daily 8a-8p; holidays may be open to 9p; and Sunday 10a-6p.
Talbott: how may employees? How many per shift?
M. D’Adabbo: 15 - 20 full and and part time employees; number per shift depends on many variables
R. Friedmann: asked that developer label parking spaces as “employee” spaces on the plan. He also asked if there any directional signs in the lot?
J. Cassidy: there are entrance and exit signs, and sometimes there are directional signs for delivery trucks.
E. Steffen: have you checked with fire department that their big ladder truck can make the turn at the loading area?
J. Cassidy: they are in the process of doing that and reiterated the WB 65 guideline they plan to meet, which would also accommodate the fire ladder truck.
MOTION to continue the public hearing for Application for Special Exception Permit by Tractor Supply Co., for a 19,097 s.f. retail sales building and a 15,000 s.f. outdoor sales area, 401 Middlesex Turnpke., Map 52/Lot 96, B-4 District, Aquifer Protection Area, to the next regularly scheduled meeting to be held on Tuesday, January 22, 2013 at the Old Saybrook Town Hall, 1st floor Conference Room, 302 Main Street at 7:00 p.m.: MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
The Commission modified the agenda to add New Business, Item A before Committee, Representative & Staff Reports
IVA. NEW BUSINESS
A. “BF, LLC” Request for Waiver of Site Plan Requirements
226 Main Street & 25 Sheffield Street, Map 37, Lots 132 & 134
Applicant; BF, LLC. Agent: Attorney David Royston
Attorney Royston stated the Applicant will be submitting a modification to the approved Planned Residential Development and requests a waiver of the requirements of Section 55.3 when it submits its application. He summarized the items for which the Applicant is seeking waivers:
- Regarding a preliminary architectural plan: applicant requests they be allowed to not provide elevations, since there will be no additions to the house
- Regarding an impact statement of how water and sewage disposal are going to impact others; applicant asks they not be required to do a new report, since they will use public water and will not change the water system.
- Regarding a landscape plan, they would like to show on a site plan the areas that will be landscaped; D. Royston stated that not much was being done except reducing the impervious areas, and re-routing the driveway access
- Regarding signage and lighting, D. Royston doesn’t expect there to be any changes, possibly elimination of some lighting over the garage as they may eliminate entry to the garage from the front
R. Friedmann: expressed concern about the septic system and wants to avoid a mismatch with a smaller development and the septic design. He also stated he would like to see an updated landscape plan, reflecting new pervious and impervious coverage, and to show what happens to existing trees.
The Commission agreed by informal vote that it is in favor of supporting a waiver of the architectural site elevation for the former Greenberg house. R. Friedmann requested a revised site plan showing updates with changes from what was previously approved.
The Commission also indicated it would be in favor of the waiver for signs and lighting.
- COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
C.Costa reported that Basser Kaufmann, LLC., 901 Boston Post Road, Map 29, Lot 5 is working on compliance with their C&D Order. At the next meeting Attorney Royston will seek a minor modification to their site plan, which would not require a public hearing.
C. Costa updated the Commission on future applications, including a pet planning facility looking to relocate, and a request for a widow’s walk from a home owner.
C. Costa reported she received a letter from Susan Eleanor LaPlace requesting a list of events for Island Cove Marina. She will respond to Ms. LaPlace that Island Cove Marina has not submitted a list of events.
VI. ADJOURNMENT
MOTION to adjourn the meeting at 9:24 p.m. to the next regularly scheduled meeting to be held on Tuesday, January 22, 2013 at the Old Saybrook Town Hall, 1st floor Conference Room, 302 Main Street at 7:00 p.m.: MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, T. Farnham, M. Fish; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
Respectfully submitted,
Meryl Tsagronis
Administrative Clerk
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