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Zoning Commission Minutes 04152013
REGULAR MEETING MINUTES
Monday, April 15, 2013 at 7:00 p.m.
Town Hall, 302 Main Street - 1st floor conference room

I.      CALL TO ORDER

Robert Friedmann called the meeting to order at 7:00 p.m.

II.     ROLL CALL

Attendant Members                                               
Robert C. Friedmann, Chairman
Madge Fish, Vice Chair
Geraldine Lewis, Secretary                                      
John T. Talbott, Regular Member                         
Elizabeth Steffen, Regular Member

Absent Members     
Robert Richards, Alternate Member
Thomas C. Farnham, Jr., Alternate Member

Attendant Staff
Christina Costa, Zoning Enforcement Officer
Stella Beaudoin, Administrative Clerk

There were ten members of the audience present.

  • REGULAR BUSINESS
  • MINUTES
MOTION to approve the Minutes from the April 1, 2013 Regular Meeting, as presented MADE: by M. Fish; SECONDED: by E. Steffen; VOTING IN FAVOR: R. Friedmann,      J. Talbott, M. Fish, G. Lewis, E. Steffen; OPPOSED: None; ABSTAINING:  APPROVED: 5/0/0.

  • CORRESPONDENCE – No correspondence
  •      BILLS
MOTION to approve the Branse, Willis & Knapp, LLC Invoice #32210 in the amount of $165.00; Branse, Willis & Knapp LLC Invoice #32209 in the amount of $33.00; Branse, Willis & Knapp LLC Invoice #32207 in the amount of $198.00; Branse, Willis & Knapp LLC Invoice #32245 in the amount of $49.50 as presented for a total of $445.50; MADE: by E. Steffen; SECONDED: by J. Talbott; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, G. Lewis; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.

       IV.      PUBLIC HEARINGS

  • “Jakes Wayback Burgers” Application for Special Exception Permit 1,584 s.f. restaurant; 1657 Boston Post Road, Gateway Business B-4 District, Pedestrian Node, CAM Zone Map 25/ Lot 22
Applicant/Agent Colvest Old Saybrook, LLC:  

John Eucalitto, President of Jakes Wayback Burgers Franchise was present.  Mr. Eucalitto stated that this is a hamburger franchise out of Cheshire, CT with sixty-seven locations nationwide. This chain was started in Delaware and there are currently twelve Jake’s Wayback restaurants in CT.  Mr. Eucalitto introduced Peter LaPoint, Project Manager.  

Peter LaPoint, Project Manager of Colvest Group and owner/developer of the site presented.  Mr. LaPoint stated that he is looking to change the use of 1657 Boston Post Road to a 1,584 s.f. restaurant business.  Mr. LaPoint stated that nine parking spaces were designated in association with the original use for this portion of the site.  Mr. LaPoint noted that eleven spaces are proposed with 32 seats in the restaurant.  Mr. LaPoint proposes to add two reserve spaces at the back of the site in addition to the sixteen reserve spaces on the western boundary of the site.  Mr. LaPoint stated that the restaurant and West Marine have different peak hours and the employees of West Marine will be required to park in the lot to the rear of the site.  The proposed use will leave adequate parking with seventeen spaces allocated for the rear of the property.  

Mr. LaPoint stated that the restaurant is a permitted use in this zone and is consistent with the use of the neighborhood.  There is sufficient parking onsite for the existing as well as the proposed uses in the two front buildings. The architecture of the building will remain the same.  Mr. LaPoint stated that he is seeking approval for a change of use and for the addition of two reserve parking spaces to serve Jakes Wayback Burgers.

Mr. Friedman presented letters and referrals from:
  • The Don Dobson, Old Saybrook Fire Marshal, for the building at 1657 Boston Post Road dated March 25, 2013.  
  • The Old Saybrook Architectural Review Board referral dated April 8, 2013.
  • The CT River Health District dated April 15, 2013 stating no objection to this proposal.  
Ms. Steffen commented on a letter from the Fire Department listing concerns surrounding this proposal. Mr. LaPoint stated that he will contact the Old Saybrook Fire Department and work out the issues.

Mr. Friedmann asked if anyone wished to speak in favor or in opposition to this application.  There was no public comment.

MOTION to close the Public Hearing for Jakes Wayback Burgers Special Exception; 1,584 s.f. restaurant; 1657 Boston Post Road, Gatweay Business B-4 District, Pedestrian Node, CAM Zone, Map 25 Lot 22; MADE: by J. Talbott; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, G. Lewis, E. Steffen; OPPOSED: None; ABSTAINING: APPROVED: 5/0/0
        
MOTION to approve Jakes Wayback Burgers Special Exception; 1,584 s.f. restaurant; 1657 Boston Post Road, Gateway Business B-4 District, Pedestrian Node, CAM Zone, Map 25 Lot 22, as submitted. This proposal is consistent with all applicable coastal policies and includes all reasonable measures to mitigate adverse impacts; MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, G. Lewis, E. Steffen; OPPOSED: None; ABSTAINING: APPROVED: 5/0/0

  • “Max’s Place” Application for Modification of Special Exception Permit, 27,600 s.f. shopping center, including 54,100 s.f grocery store, 54,000 s/f/ retail building, 8,000 s.f liner building, 10,000 s.f. liner building, parking and landscaping., corner of Boston Post Road, Spencer Plains Road & Center Road West, Gateway Business B-4 District, Pedestrian Node.  Map25/Lots 2, 28, 20, 30 and Map 26/Lots 6-10-6-11, 6-12, 32, 32-1.  Applicant; Max’s Place, LLC   Agent: David M. Royston, Esq.
ACTION:  Open Public Hearing; continue or close by 5/5/2013

Attorney David Royston, Agent presented on behalf of the Applicant/Owner Max’s Place, LLC. Mr. Royston introduced Matt Demore, owner of Big Y grocery, David Ziaks, P.E., of F.A. Hesketh & Associates, Scott Hesketh, P.E., traffic engineer from F.A Hesketh & Associates and Patrick Moore, A.I.A., Pepin Associates, architect for Big Y and for Max’s Place, LLC.   

Mr. Royston presented for the record:
  • Call of the Special Town Meeting of April 14, 2005 authorizing the sale and conveyance to Max’s LLC to the extension of Center Road West.
  • Re-subdivision Plan for Max’s Place updated to 10.22.2012.
  • Resolution from the Town Meeting of January 16, 2013.
        
The area to the west of the Boston Post Road is designated as Phase 2. Mr. Royston stated that there is no development proposed for Phase 2 at this time.

Mr. Friedmann stated that prior modifications referencing Phase 2 are not relevant to this proposal.

Mr. Royston stated that at the January 16, 2013 town meeting, the Board of Selectmen adopted a resolution for the allowance of the relocation of the buildings on the site plan which places the proposed Kohl’s in the northeast corner and the Big Y building which is larger than that previously proposed, has moved to the southern corner of the property. Additionally, the grocery store lease will be in place for a period of ten years.

Mr. Royston stated that the Office of State Traffic Administration asks for comments from the local traffic authority and Police Chief Spera requested the following:
  • The applicant is to place an exclusive pedestrian phase and traffic signals at the Spencer Plains Road entrance across from Sal’s Restaurant.
  • A pedestrian phase at the light at Boston Post Road.
  • A traffic light at Center Road West and further to the east at Chalker Beach Road.
Ms. Steffen questioned the existence of rain garden 2 as described on the Landscaping Plan M-1 as it was not reflected on this plan.  Ms. Steffen also questioned why there were two storm water ponds.  Mr. Royston stated that the two storm water ponds are connected.   

Mr. Friedmann stated that the designated loading spaces for the liner buildings are not required.  Mr. Friedmann clarified that deliveries would occur during such time that they would not be required to be used as a parking space.

Mr. Friedmann asked if anyone wished to speak in favor or in opposition to this application. There was no public comment.

Mr. Friedmann commented on the April 5, 2013 Amended Statement of Use, under Special Requirements, noting that provisions numbered to 1-10 do not necessarily represent zoning points of regulations, but rather provisions worked out with the Water Company, the Department of Transportation and the Old Saybrook Fire Marshal.  

Mr. Royston turned the presentation over to David Ziaks, P.E., President F.A. Hasketh & Associates to discuss the rain gardens; the loading dock at liner building, and how the two sections of the pond are connected.

Mr. Ziaks stated that many of the components are the same, i.e., pedestrian access to Spencer Plains Road and to Route 1 and the landscaping plan is essentially the same as was previously approved.  All landscaping onsite will be irrigated. The pedestrian node will be constructed of stamped concrete and pavers. Mr. Ziaks stated that he would like to incorporate the concrete sidewalks into the driveways of the adjoining properties and stated that he will contact the neighbors to discuss.  The sanitary treatment building will be located on the north side of the poles.  Mr. Ziaks proposes eighty-three designated employee spaces, sixty-two compact spaces, fifteen ADA handicap spaces and seventy-five permeable pavement spaces. Mr. Ziaks stated that the storm drainage system is a complex, onsite, state-of-the-art storm water management, on-site system.  Mr. Ziaks has updated all of the models and submitted to Jacobson Associates.  Mr. Ziaks stated that he will meet with Mr. Greenho next week.

Mr. Ziaks stated that he will extend the sidewalk from the north side of the building to the emergency exit so it will outlet to the north of the building.  There will be a walkway to the front of the building on Spencer Plains Road and a new crosswalk to Sal’s Restaurant will be located at the same junction.  

Mr. Friedmann stated that the sidewalk to Route 1 should continue to the cross walk.  
Mr. Ziaks pointed out that there will be six handicap parking spaces adjacent to the front entrance to Kohl’s.

Zoning Commission member, Geraldine Lewis left meeting at 8:35 p.m.

Ms. Costa entered for the record the following letters and referrals:
  • April 5, 2013 Old Saybrook Planning Commission referral
  • February 22, 2013 Old Saybrook Architectural Review Board referral.
  • April 1, 2013 Westbrook Planning and Zoning Commission referral.
  • April 10, 2013 letter from Jeff Jacobson stating a number concerns all of which have been resolved.
  • March 26, 2013 Hillson Traffic Engineer comments and follow-up letters.
  • Referral from Old Saybrook Land Use.
  • Referral from the Old Saybrook Fire Marshal.
  • Old Saybrook Town Planner.
  • A response from the Fire Chief.
  • A response from the Old Saybrook Building Official.
  • No report has been received to date from the Old Saybrook Chief of Police.   
Patrick J. Moore, AIA, Pepin Associates presented on the windows and proposed doors for the Kohl’s, Panera Bread and Ulta buildings.  Mr. Moore stated that Spandrel windows will be located on the rear of buildings A & B to break up the otherwise plain wood paneling of those buildings.  Panera Bread will have clear glass windows installed and the retail building A which is the Ulta building will have a Spandrel glass at the gables and optional spandrel glass at each side of the doors and egress doors. Commissioners stated that they are in favor of glass panels as opposed to a wood panel effect on the two liner buildings as the glass will provide a uniform appearance. The glass for the rear sections of buildings will not have reflective/mirrored glass

Mr. Moore commented on the Big Y building noting that the side facing to the west is the front of the building.  The north side of Big Y building will have a small seating area and there is a wall preventing access beyond that point. A traditional red brick and synthetic stucco in earth tones will be utilized on the Big Y building and a band of fabric awnings will be installed.  The north and south elevation will utilize the same materials with a fair amount of glazing.  The entire Panera building will have glazing.  A cupola element will be installed on the corner of the building which identifies the entrance to the site.  Glazing on the west side of the building on Spencer Plains Road will replace the paneling.  The sanitary treatment building to the north of Kohl’s will be comprised of neutral materials and will resemble the liner buildings.  All of the on site lighting will be LED.

Mr. Friedmann commented on the height of the light pole which is grandfathered into this proposal.  Mr. Moore stated that the big Y sign is grandfathered and was originally approved in 2006 as 308 s.f. and the current proposal which is to the west side of the building will remain the same. The second sign on the south side of the building is 40 s.f.

Attorney Royston distributed a draft motion for the Commission’s review and approval to include the original special exception with a few modifications.  Mr. Royston requested that the Commission schedule a special meeting to go through the resolution draft motion.    

MOTION to conduct a special meeting on Wednesday, April 24, 2013 at 7:00 p.m., 1st floor conference room, 302 Main Street, Town Hall for Max’s Place, LLC; This application will be continued and the Public Hearing will remain open so as to allow the Commission to discuss possible deliberations and a vote, if appropriate;  MADE: by R. Friedmann; SECONDED: by E. Steffen; VOTING IN FAVOR: J. Talbott, M. Fish, E. Steffen; OPPOSED: None; ABSTAINING: APPROVED: 4/0/0.
Mr. Friedmann asked if anyone wished to speak in favor or in opposition to this application.  

Gary Giroux, P.E., Stadia Engineering Associates, hired by Mr. Greenho, thanked the Commission for continuing the Public Hearing on this special exception permit.

MOTION to continue the Public Hearing to the April 24, 2013 Special Meeting at 7:00 p.m., 1st floor conference room, 302 Main Street, Town Hall for “Max’s Place” Application for Modification of Special Exception Permit, 27,600 s.f. shopping center, including 54,100 s.f grocery store, 54,000 s.f. retail building, 8,000 s.f liner building, 10,000 s.f. liner building, parking and landscaping., corner of Boston Post Road, Spencer Plains Road & Center Road West, Gateway Business B-4 District, Pedestrian Node.  Map25/Lots 2, 28, 20, 30 and Map 26/Lots 6-10-6-11, 6-12, 32, 32-1: MADE by R. Friedmann; SECONDED: by J. Talbott ; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen; OPPOSED: None; ABSTAINING: APPROVED: 4/0/0

  • COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
Mr. Friedmann stated that Charles Sohl, Zoning Commission member resigned and shortly thereafter passed away.  Mr. Friedmann asked members to remove Mr. Sohl from their email list.

        Ms. Costa reported:
  • St. John’s school application to convert the flat roof lines to have a pitch and to also construct a small addition with a handicap ramp.
  • Ms. Costa commented on sign enforcement.  Mr. Friedmann suggested that a meeting be conducted and letters set to the Chamber, the merchants, the Realtor’s Association and to the sign companies inviting them to a meeting to discuss opportunities to advertise their businesses through signage.  The sign regulations have been modified and a suggestion will be put forward to view the town’s website to review the sign regs.
  • Ms. Costa commented on Senior Housing on Sheffield Street.
  • ADJOURNMENT
MOTION to adjourn the meeting at 9:55 p.m. to the Wednesday, April 24, 2013 special meeting at the Old Saybrook Town Hall, 1st floor Conference Room, 302 Main Street at 7:00 p.m.: MADE: by E Steffen; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen; OPPOSED: None; ABSTAINING: APPROVED: 4/0/0

Respectfully submitted,

Stella Beaudoin
Administrative Clerk