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Zoning Commission Minutes 01/22/2013
REGULAR MEETING MINUTES
Monday, January 22, 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                   Charles E. Sohl, Regular Member Madge Fish, Vice Chair                                                                          Robert Richards, Alternate
John T. Talbott, Secretary
Geraldine M. Lewis, Regular Member      
Elizabeth Steffen, Alternate Member seated for Charles Sohl
Thomas C. Farnham, Jr., Alternate Member,

Attendant Staff
Stella Beaudoin, Administrative Clerk

There were seven members of the audience present.

III.    REGULAR BUSINESS

A.      MINUTES
        
MOTION to approve the Minutes from the January 7, 2013 Regular Meeting, as presented; MADE: by E. Steffen; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, J. Talbott, E. Steffen; OPPOSED: None; ABSTAINING: G. Lewis; APPROVED: 4-0-1.


MOTION to approve the Branse, Willis & Knapp, LLC Invoice #31592 in the amount of $940.50; Invoice #31593 for $66.00 Invoice #31596 for $33.00; Invoice #21957 for $45.50; Invoice #31647 for $33.00 for a total of $1,122.00;~ as presented; MADE: by E. Steffen; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

MOTION to approve the Nathan Jacobson & Associates, Inc. Invoice #77062 in the amount of $803.20; Invoice #77061 in the amount of $61.13; Invoice #77060 in the amount of $265.50; Invoice #77059 in the amount of $375.91; Invoice #77057 in the amount of $122.25; Invoice #77057 in the amount of $122.25; Invoice #77056 in the amount $336.19; Invoice #77055 in the amount of $275.06; Invoice #77054 in the amount of $643.00; Invoice #377053 in the amount of $263.70; Invoice #77076 in the amount of $670.41 for a total of $3,939.88 to include the photocopy items attached with the statements~ as presented; MADE: by E. Steffen; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

  • BILLS
  • ELECTION OF SECRETARY
John Talbott nominated Geraldine Lewis for Secretary of the Zoning Commission seconded by Robert Friedmann.

MOTION to close nominations for secretary of Zoning Commission; MADE: by J. Talbott; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

MOTION to cast unanimous ballot for Geraldine Lewis for Zoning Commission  Secretary; MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

IV.     PUBLIC HEARINGS

A.      Application for special exception Permit by Tractor Supply Company for a 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, presented on behalf of NERP Holding & Acquisitions.  
Mr. Cassidy stated that he has gone through all of the comments from the Zoning Commission and addressed those concerns in the new, updated plans which were submitted today.  Mr. Cassidy referenced a letter from the CT Water Company dated January 22, 2013

Mr. Cassidy noted the following changes in this plan:
  • The loading area is now a covered loading dock comprised of a roof and two walls with a sloped concrete pad which will contain and better handle the clean up of any potential spills.
The proposed height of the light pole is 11’6” and placed atop a 30” concrete base which prevent pick up trucks and vehicles with overhangs from knocking over the light pole.
  • The amount of pervious area; there will be one infiltration area at the back of the building which is designed to handle the roof leaders throughout the building.
The concrete side area display area was pitched to 2% in a westerly direction.  An infiltration swale will be installed and will reduce about 35,000 feet of impervious coverage.
  • The side yard display area: the Commission previously requested that there was nothing stacked above the elevation of the fence.  There will be some products that will protrude above the height of the fence, however that will be stored against the west side of the building. Additionally, there will be no outdoor sale of vegetation on site.
  • Mr. Cassidy stated that 124 parking spaces will not be needed. He is proposing 74 parking spaces as part of the site.  Mr. Cassidy stated that he is allowed to reserve 20% of the parking spaces and he is asking to put 42% into reserve.  Mr. Cassidy stated that the hardship is that this proposal is in the Aquifer Protection zone.  With this type of use, the additional parking spaces are not needed.  The side yard display area can easily be changed to 30 parking spaces if the use of the building changes.  
  • Signage:  Two signs are proposed; one over the front entrance at 99 s.f. and one on the side building which will be at 47 s.f.  The slight increase will be more proportional to the building.  Per the recommendation of the Architectural Review Board, the white background will be removed from the sign and a raised channel set lettering will be installed.  The building will be a farm-themed look, 19,097 s.f. with a gambrel roof.  A series of awnings will be installed over one side of the building.
  • The rooftop units will not be visible from the road.  
Mr. Cassidy stated that there will be no washing of trailers or vehicles on the site and any repairs of vehicles or equipment will be sent off site to and outside vendor. Additionally, there will be no watering or use of pesticides on outdoor vegetation on site.

The Commission made the following comments:
  • Regarding the outdoor s.f. the Commission feels it is feasible that a number
can be derived that would fit the site for this use in keeping with Aquifir Protection. The reserve of 20% is highly recommended in this case.
  • Regarding the sign proposal, the Commission is in agreement with the use of channel lettering.   
  • Regarding the lighting, the Commission recommends that the top of the light poles will not exceed 14’.  The light poles will be placed atop a 30” concrete base which will prevent vehicles with an overhang from knocking over the light pole.  
  • Nathan Jacobson, consulting engineer has received the new plans and will review the changes along with the drainage proposal.  
The next meeting is scheduled for February 4, 2013 at which time the Public Hearing may be closed.  Mr. Friedmann stated that if an extension is requested at the February 4th meeting, this Public Hearing may be continued to February 19, 2013.   

Mr. Friedmann asked if anyone wished to speak in favor or in opposition to this application.

David Royston commented on the parking reserve of 20%. Mr. Friedmann stated that the Commission review the regulations and work with the applicant to accomplish the parking requirements.  

MOTION to continue the Public Hearing on Tractor Supply Company for a 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 to next meeting on February 4, 2013 at 7pm, Old Saybrook Town Hall, First Floor Conference Room, 302 Main Street, as presented; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
        
  • NEW BUSINESS
  • Minor Modification to Site Plan Approval
901 Boston Post Road, Map 29 Lot 5, Shopping Center B-2 District
Owner: Basser Kaufmann, LLC; Agent:  Attorney David Royston
ACTION: Review request for minor modification

David Royston, Esq. presented for Basser Kaufmann LLC owner of Ocean State Shopping Center, working on compliance with the Cease and Desist Order.  Attorney Royston is seeking a minor modification to the site plan which will not require a Public Hearing.

Attorney Royston stated that this site was developed in the 1970’s just prior to the Inland Wetlands Watercourses Act.  This property was filled and developed.  At the time it was built it was prior to the 1973 revision in the Old Saybrook Zoning Regulations. At that point there were not special exception uses, so it is a preexisting shopping center in this district.  Basser Kaufmann purchased the property in 2008.  Ocean State Job Lot became the tenant and occupies the main building on the site, shown as Building A.  In 1999, the property was owned by Granite Realty and Ames was the main building on the site and there was a small liquor store on the site as well. In 1999 they wanted to make modifications to the parking lot so Granite Realty obtained a variance to reduce the total number of parking spaces by 18 and they designed a landscaping plan.  

In 2012 the zoning enforcement officer looked at the plan and it was determined that an 8’ high fence was installed on the boundary between 901 Boston Post Road and
899 Boston Post Road which is the Boater’s World site.  Additionally, cinder blocks were placed which cut off access from the Boater’s World site to the Ocean State site.  There were also trailers parked in the parking lot which were blocking spaces.  All resulted in a Cease and Desist order on October 11, 2012 which was issued to Basser Kaufman who contacted Attorney Royston.  There was a thought that the curb cut was part of the variance in 1999 and it was thought that when the variance was granted the curb cut was part and parcel of the variance.   In 2005 Boaters World came before the Zoning Commission to obtain a modification of their site plan.  Boaters World was told that they should not be utilizing parking spaces of property belonging to Ocean State Job Lot.  

Basser Kaufmann installed the 8 foot fence which is in violation as the fence exceeds 6’.  In 1999 the curb cut was existing on the property however the application and site plan for Boaters World which was filed in 2005 specifically stated that there is no easement for the curb cut and provided the required 26 parking spaces.  

On January 7, 2013 Attorney Royston filed an amended Statement of Use. The Zoning Enforcement Officer requested a site plan showing the work and an actual minor modification to site plan application made. Attorney Royston stated that the fence will be removed by April 30, 2013 and the landscaping will be completed by May 26, 2013. Attorney Royston stated that upon completion of the work, the Cease and Desist will be removed.

The Commission agreed that this request is a minor modification that does not trigger a new Special Exception application.  

Ms. Lewis stated for the record that Note 1 on the Plan states April 30, 2012 and the correct date is April 30, 2013.

Mr. Royston stated that the adjacent property does not have an easement for access across the property line.  Mr. Friedmann asked that there not be a fence to prohibit a pedestrian to cross the property line.

Mr. Royston asked that the Commission make a determination to either entirely remove the fence or to remove that section of fence which precludes pedestrian access through the property entry cut and to allow the installation of bollards to restrict non motor vehicle access to 901 Boston Post Road.  

Ed Cassella, Esq. presented on behalf of Boater’s World, 899 Boston Post Road.  
Mr. Cassella stated that this vehicle access existed prior to 1999.  In 1999 owners of 901 Boston Post Road applied for a variance.   Mr. Cassella stated that it is not proper to cut off vehicular access and it is improper for this zoning commission to render a decision to block the access.   

Mr. Friedmann commented on the landscape island and stated there are no parking spaces shown in that area which presumes that there were no parking spaces.   

Mr. Royston stated that the 1999 plan showed the existing conditions for the parking lot and there were no parking spaces shown, however it did show for an allowed change to the entry.  

Mr. Friedmann noted that the existing conditions of the 1999 plan that went to the ZBA showed no parking spaces were in existence and no parking spaces were shown.
Attorney Cassella stated that the owners of 899 Boston Post Road have no objection to vehicles crossing over to their property line.

A lengthy discussion ensued.  

Ms. Steffen commented on the potential safety hazard to pedestrians in conjunction with the removal of the fence.

Mr. Friedmann stated that the ZEO is looking for the Zoning Commission to provide a path so that the conditions that led to the Cease and Desist are removed.  That condition is that the 8’ fence must be removed.  Mr. Friedmann asked that there not be a fence to prohibit a pedestrian to cross the property line.

Mr. Royston stated that he will file an amended statement of use which will reflect a 6’ fence along the boundary line except where the pedestrian opening is.  From the bollards southward to Route 1 the fence will extend from the existing conditions opening southerly to the Boston Post Road.  The fence will run from the property line at Route 1 to the bollards.  The 6’ fence will not obstruct the sidewalk on Boston Post Road.

MOTION to approve the minor modification to Site Plan Approval, 901 Boston Post Road, Map 29, Lot 5, Shopping Center B-2 District, Owner: Basser Kaufmann, LLC; Agent: Attorney David Royston as shown on the red-lined plans dated September 10, 1999 updated to January 22, 2013 and in particular, the 8’ tall fence existing along the property line from Route 1 to where the property line jogs eastward shall be removed from the site.  Along that property there will be a 6’ tall fence of chain link to a point where there was formerly vehicular access across the property line to 899 Boston Post Road, whereupon there will be bollards allowing pedestrian crossing to the other side of where there once was vehicle access; then resumption of the 6’ fence to where the property line jogs eastward, along with landscaping modifications to what has been applied for. The 6’ fence in the direction of Route 1 will not block previously approved sidewalk plans for either property and will stop at the right-of-way so as not to block the sidewalk.  The Cease and Desist order will be lifted when the work is completed; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR R. Friedmann, M. Fish, G. Lewis, J. Talbott; OPPOSED: E. Steffen; ABSTAINING: None; APPROVED: 4-0-1.
 
  • COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
  • Hazard Mitigation John Talbott:  No report.
  • Mr. Friedmann and Ms. Costa will meet on the draft sign regulations
  • IWWC Elizabeth:  No report.
  • Conservation / Gateway Commission Madge Fish: The Gateway Commission will discuss the Zoning Commission text amendment to the regulations.
      VIII.   ADJOURNMENT

MOTION to adjourn the meeting at 9:47 p.m. to the next regularly scheduled meeting to be held on Monday, February 4, 2013 at the Old Saybrook Town Hall, 1st floor Conference Room, 302 Main Street at 7:00 p.m.: MADE: by E. Steffen; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, E. Steffen; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.


Respectfully submitted,

Stella Beaudoin
Administrative Clerk