Skip Navigation
This table is used for column layout.
Zoning Commission Special Meeting Minutes 04/24/2013
SPECIAL MEETING MINUTES
Wednesday, April 24, 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
Thomas C. Farnham, Jr., Alternate Member

Absent Members     
Robert Richards, Alternate Member

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

There were five members of the audience present.

  • REGULAR BUSINESS
  • MINUTES
The review and approval of the April 15, 2013 Minutes will be addressed at the May 6, 2013 regularly scheduled meeting.

      IV.      PUBLIC HEARINGS

  • “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.  Map 25/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.

A draft resolution was provided to the Commission by Attorney Royston at the April 15, 2013 Meeting.  Commissioners were provided with an amended draft resolution at this evening’s meeting.  Attorney Royston stated that several minor changes have been made to the draft proposal to include:
  • The term “phasing” omits the use of “Phase 1 or Phase 2”.
  • A clearer description of what the applicant is applying for in this application as follows: the four retail buildings, one grocery, one department store and two liner buildings.  This all retail use relevant to this application.  There is no “other than retain” use being sought or approved in this Modification Application.  
  • The language surrounding the general interior site characteristics and the site entry driveway from Spencer Plains Road and is now consistent with the plans as noted in the first two pages of the Resolution for Approval and all share the same characteristics.
  • Findings and Motion to Approve “with conditions no longer deemed by the Commission to be applicable to the site plan” have been eliminated. All the conditions applicable to the special exception are included in this draft resolution.    
  • Tinted concrete sidewalks included in the entry driveways has been added.
  • Finding #8: the landscaping and screening of the site complies with the intent and purpose of the Regulations.  The creation of impervious surfaces as been minimized through the use of reserve parking spaces as allowed by the Regulations, protecting water quality and maintaining the characteristics of the surrounding area.  
  • The stormwater management system, including the rain gardens incorporated into the original stormwater management plan at the recommendation of the Commission consultants, has been designed to protect the water quality.  The revised stormwater management plan has been reviewed and approved by Nathan L. Jacobson and Associates for both the Inland Wetlands and Watercourses Commission and the Zoning Commission.  The requested revisions have been included in the appropriate Site Plan Sheets as revised through April 15, 2013.
  • Attorney Royston stated that the applicant has complied with the Architectural Review Board recommendations and complied with the request to install a non-mirrored tinted glass on the western vista.
  • Finding #15: Attorney Royston asked to Commission to make a finding as whether to continue with the pedestrian crossings at the four intersections or remove any phasing.
        Ms. Steffen stated that the Spandrel windows were not indicated in the Findings.

  • Attorney Royston stated that the amendment be made to finding #12 to add as follows: “with the addition of the alternate elevations on the westerly facades of the two “liner buildings” as submitted by the applicant on April 15, 2013 showing non-mirrored, tinted glass or full view glass.”   
  • Under the “Approves the Modification Application” any reference to Phase 1 has been removed.  The Commission is approving the improvements of the building and the infrastructure.
  • Authorization has been received to construct the 601 parking spaces.  The applicant is seeking 129 reserve spaces in the location and the configuration as shown on MA1.
  • Attorney Royston corrected item D on page 8 to read revised through “April 24, 2013”.
Mr. Friedmann clarified on the plan MA-1 which is dated April 15, 2013, the plan reflects entrance only from Boston Post Road.  There is no exit to the site to Boston Post Road.

  • Item #8 will be amended to delete the first sentence and will begin with: “This requirement shall be documented by a Restrictive Easement to be filed on the Land Records of the town of Old Saybrook in form and content satisfactory to the Commission’s council.”
        
  • Item FF has been added to address drainage issues on property owned by Mr. Brian Greenho.  The applicant will construct an under-drain on the common boundary line at the location agreed to by the engineers of the parties.  
  • Item GG reiterates that the applicant is seeking approval only for what is reflected on the plans presented in conjunction with this application.  The applicant however reserves its rights to seek to further Modification of this Special Exception for any further development of the site.
Mr. Friedmann commented on second paragraph of the amended statement of use to correct second line of second paragraph to read “Lot 6-16”.
Attorney Royston stated that a painted handicap ramp will connect the sidewalk to the crosswalk from the end of the crosswalk at the end of Spencer Plains Road.

Mr. Friedmann commented on Item #15 with respect to the summer traffic and the cueing of vehicles.  At this point, the pedestrian traffic does not justify a complete stoppage of traffic in all three directions.  The Commission feels that the traditional pedestrian crossing signal would be preferred.  

Ms. Costa stated that all of the referrals have been received and Jacobson and Associates is working on the landscaping bonds.

MOTION to close the Public Hearing for Max’s Place, LLC Application for Modification of Special Exception Permit; MADE: by E. Steffen; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, G. Lewis, J. Talbott, M. Fish, E. Steffen; OPPOSED: None; ABSTAINING: APPROVED: 5/0/0.
Mr. Friedmann asked if anyone wished to speak in favor or in opposition to this application.  There was no public comment.

Commissioner  Geraldine Lewis stated  that she listened to the audio recording of the April 15, 2013 Zoning Commission meeting.

MOTION to approve the Resolution of Approval on the application to amend the Special
Exception 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, 6-16, 32, 32-1as amended through April 24, 2013, including amended statement of use and the performance standards also submitted April 24, 2013 which is attached to these Minutes: MADE by E. Steffen; SECONDED: by M. Fish; VOTING IN FAVOR: R. Friedmann, G. Lewis, J. Talbott, M. Fish, E. Steffen; OPPOSED: None; ABSTAINING: APPROVED: 5/0/0

  • COMMITTEE, REPRESENTATIVE AND STAFF REPORTS.  No reports.
  • ADJOURNMENT
MOTION to adjourn the meeting at 8:45 p.m. to the Monday, May 6, 2013 regular meeting at the Old Saybrook Town Hall, 1st floor Conference Room, 302 Main Street at 7:00 p.m.: MADE: by G. Lewis; SECONDED: by R. Friedmann; VOTING IN FAVOR: R. Friedmann, G. Lewis, J. Talbott, M. Fish, E. Steffen; OPPOSED: None; ABSTAINING: APPROVED: 4/0/0

Respectfully submitted,

Stella Beaudoin
Administrative Clerk










Zoning Commission of the Town of Old Saybrook
RESOLUTION FOR APPROVAL
OF THE APPLICATION FOR MODIFICATION OF SPECIAL EXCEPTION
ADOPTED AT SPECIAL MEETING - APRIL 24, 2013

“Max’s Place” CZC #07-061 Special Exception approved August 20, 2007, as modified on February 19, 2008, December 15,  2008 and June 1, 2009  
Applicant: Max’s Place, LLC
Boston Post Road, Spencer Plain Road & Center Road West
Assessor’s Map 25 / Lots 28, 29, 30, 32 and 32-1
Map 26 / Lots 2, 6-10, 6-11, 6-12 and, 6-16
General Business B-4 District


WHEREAS, on August 20, 2007 the Old Saybrook Zoning Commission (“Commission”) granted approval to Max's Place, LLC (“Applicant”) for a Special Exception use.  The approved Statement of Use, as Amended through June 18, 2007, described a proposed “Big Y” grocery store, a Bed, Bath and Beyond facility and two “liner” buildings for general retail uses permitted in the B-4 District with an aggregate ground floor square footage of approximately 106,749 square feet, with five hundred (500) parking spaces to be constructed (plus one hundred-and-eleven (111) parking spaces to be provided for in reserve), landscaping, and other improvements, such as signage, utilities, architectural treatments, fencing, stone walls, and off-site improvements to the surrounding road and drainage network; and

WHEREAS, the Commission granted a minor modification to the Special Exception on February 19, 2008 allowing “phasing” consisting of modification of the sequencing of the construction of the buildings; a minor modification on December 15, 2008 expanding the allowable uses in the “liner” buildings to include office and/or a financial institution; and a minor modification on June 1, 2009 allowing up to 20,000 square feet of space to be used for “other than retail” and to allow the building of the grocery store prior to construction of the “liner” buildings; and

WHEREAS, On February 28, 2013 the Applicant applied for a Modification to the Special Exception, as previously modified by the three minor modifications, (the “Modification Application”). The Modification Application is deemed a Major Modification by the Commission. The Modification Application proposes a Big Y grocery store, a Kohl’s Department Store and two “liner” buildings, for general retail uses permitted in the B-4 District with an aggregate ground floor square footage of 127,715 square feet, with 601 parking spaces to be constructed (plus one hundred twenty-nine (129) parking spaces to be provided for in reserve), with modified building sizes and locations and with related modifications to the landscaping, and other improvements, such as signage, utilities and architectural treatments. Since both of the “liner buildings” are designated for general retail use, there is no “other than retail’ use being sought or approved in this Modification Application. See Condition of Approval GG; and

WHEREAS, The general interior site characteristics and main driveway configurations  remain intact and the site entry driveway from Spencer Plain Road and the site entry driveway from the Boston Post Road remain in the same location; and

WHEREAS, The configuration of the Boston Post Road site entry driveway meets the condition of the Town with respect to the right turn exit only onto Boston and the Applicant has filed the form of Restrictive Covenant required by the original condition as part of the Record of this Modification Application; and

WHEREAS, off-site improvements proposed to the surrounding road and drainage network remain unchanged, except that the proposed traffic signals at Boston Post Road and Center Road West and at Boston Post Road and Chalker Beach Road have been approved by the State Traffic Commission (“STC”, now Office of State Traffic Administration, “OSTA”)
and are part of the off-site improvements proposed under the Modification Application; and

WHEREAS, the Applicant applied for and received unanimous approval on February  21, 2013 from the Old Saybrook Inland Wetlands and Watercourses Commission for a Modification of the  Wetlands Permit for the regulated activities related to this Modification Plan which approval is part of the Record of this Modification Application ; and

WHEREAS, the Commission referred the Modification Application to other Towns and State agencies and officials, to Town Officials and staff and to the Old Saybrook Fire Department for comment; and

WHEREAS, the Commission referred the Modification Application to and has received engineering, traffic and legal review from additional consultants engaged pursuant to “Ordinance 71”; and

WHEREAS, the Commission has received correspondence from First Selectman indicating that the Town of Old Saybrook consented to the filing of this application by the Applicant;

WHEREAS, an amendment to the conditions of the conveyance of the portion of Center Road West included within the development site were approved at the Old Saybrook Town Meeting held on January 16, 2013; and

WHEREAS, The Commission referred the Modification Application to the Old Saybrook Planning Commission, which found the Modification Plan to be consistent with the Plan of Conservation and Development at its meeting held on April 3, 2013 which unanimous recommendation is part of the Record of this Modification Application; and

WHEREAS, the Zoning Commission held a Public Hearing on the Application on April15, 2013 and continued the Public Hearing to April 24, 2013.  During such Public Hearing the Commission had the opportunity to review reports from Town Staff, Officials and Consultants, received information and comments from the public and had the opportunity to ask questions and evaluate the Modification Application during said Public Hearing.

Findings and Motion to Approve the Special Exception Modification Application, a) with the conditions of the approved Special Exception, as modified, remaining in force and effect being repeated herein, and b) with conditions no longer deemed by the Commission to be applicable to the Modified Site Plan, and c) such additional conditions as the Commission deems required being added. See Condition GG.

Findings:

The Zoning Commission of the Town of Old Saybrook (the “Commission”) makes the following findings based on the record before it:

  •         The Applicant has stated it owns the lots referenced above and has the right to acquire that portion of Center Road West included in the17.68 acre Development Site in the B-4 General Business District.
  •         The Application is substantially complete, and includes material and information required by the Commission under these Regulations to reach the findings contained herein and the 256 Site Plan Sheets filed on February 28, 2013 with revisions through April 15, 2013, and also filed as part of the Record of this Modification Application.  Any remaining information required will be included as conditions of this approval.  (Section 51.5.1).
  •         The Resubdivision involving the relocation of the cul-de-sac of Center Road West was approved by the Old Saybrook Planning Commission and the endorsed map was filed on July 18, 2008 (Map Nos. 2836 and 2837). Upon the merger of the discontinued portion of Center Road West and adjacent lots into a single lot, the Application conforms to all relevant provisions of these Regulations and the proposed uses and structures will not be detrimental to the neighborhood or adjacent property. (Sections 51.5.2 and 52.6.4).
  •         Subject to the conditions of approval set forth below, the proposed Modified Site Plan is in conformance with the Town Plan of Development, for the reasons stated by the Planning Commission.
  •         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 Modification 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 placement of sidewalks to facilitate pedestrian traffic throughout the site, including stamped concrete walks and the addition of tinted concrete sidewalks across the entry driveways to Smith Bros., Dunkin Donuts and property of Cathryn Flanagan, which should promote safety through making the walkways visually distinctive from the general driving areas.  (Section 51.5.6).  Additionally, the Applicant has provided an Easement for a future sidewalk extending northerly from the Spencer Plain Road entry driveway, should such an extension become feasible.   
  •         The landscaping and screening of the site in the Modification Application continues to comply with the intent and purpose of the Regulations. The parking areas and service areas have been suitably screened and buffered through all seasons of the year from adjacent public streets both through plantings and the use of the screening buildings.  The creation of impervious surfaces has been minimized through the use of reserve parking spaces as allowed by the Regulations, protecting water quality and maintaining the characteristics of the surrounding area. The stormwater management system, including the rain gardens incorporated into the original stormwater management plan at the recommendation of Commission consultants, has been designed to protect the water quality. The revised stormwater management plan has been reviewed and approved by Nathan L. Jacobson & Associates, Inc. for both the Inland Wetlands and Watercourses Commission and the Zoning Commission. The requested revisions have been included in the appropriate Site Plan Sheets as revised through April 15, 2013. The conclusions of Nathan L. Jacobson & Associates, Inc. are part of the Record of this Modification Application. (Section 51.5.7).
  •         The glare from the installation of outdoor lighting and illuminated signs is properly 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.  Specifically, by turning Lot 6-16 into a detention basin, the Applicant is avoiding an existing drainage issue faced by the Town regarding Center Road West-Center Road drainage system.
  •         The development of the site will preserve sensitive environmental land features, specifically the wetlands in the northeasterly corner of the property.  Additionally, through the creation of the detention basin on Lot 6-16, the Application will moderate the water flow into tidal wetlands at Chalker Beach, and then into the Sound.  (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 in its letter to the Zoning Commission dated February 25, 2013 which is part of the Record of this Modification Application and Planning Commission in it report of April 3, 2013 which is part of the Record of this Modification Application 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 buildings were approved with the addition of alternate elevations on the westerly facades of the two “liner” buildings as submitted by the Applicant on April 15, 2013 showing non-mirrored tinted glass or full view glass windows.
  •         The water service available to the site is adequate for the proposed uses and structures and 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 source of water for fire protection has been identified. The Fire Marshal and Fire Department have been solicited for  comments and the comments were received and made part of the record by the Commission, and included in the revised Site Plan and Plan Notes. (Sections 51.6.5 (A)(2) and 52.6.2).
  •         The Commission has received a written Traffic Impact Report dated February 28, 2013 which addresses the plan’s compliance with Section 62 of the Regulations concerning on-site and off-site traffic.  Said Report takes into consideration updated traffic counts and Office of State Traffic Administration (“OSTA”) statistics and information through the summer of 2012, including impacts resulting from the development of the West Marine complex on the westerly side of Spencer Plain Road.  
Said Report was reviewed by the Commission’s consultant, Bruce Hillson, who has submitted a Memorandum dated March 26, 2013 setting forth his findings.  Mr. Hillson’s Report raises the issue of whether exclusive pedestrian phasing of the traffic signals at the Spencer Plain Road entry driveway and the Boston Post Road intersections with Spencer Plain Road, Center Road and Chalker Beach Road may cause traffic queuing deficiencies.  

The Old Saybrook Planning Commission has concluded “. . . .that either the pedestrian crossings not be phased, or if they are phased, if technology permits, they have the option to have the timing adjusted.”  The Applicant has agreed to amend its updated Application before OSTA to delete or modify the exclusive pedestrian phasing request, if the Commission so directs.

Based upon the evidence in the Record before it, the Commission finds that a traditional crossing signalization is appropriate.


  •         The Applicant has provided an updated On-Site Storm Drainage report and a revised Hydraulic Analysis Report, both with revisions through March 27, 2013.  These reports have been reviewed by Nathan L. Jacobson and Associates, Inc., the Commission’s consulting engineers. The Commission is satisfied that all of Geoff Jacobson and Katie Mercier’s comments have been addressed satisfactorily and are included in the conditions of approval contained herein.
  •         The Commission has received a positive referral on the application from the Planning Commission and has addressed its suggestions with respect to exclusive pedestrian phasing at off-site traffic signals in Finding 15 above.
  •         The Modification Application and the modified Wetlands Permit make no change to Lot 6-16 and its use as a stormwater detention basin.  
  •         The Applicant has received a State Traffic Commission Permit for the development and has submitted an application to the Office of State Traffic Administration (“OSTA”) which application includes updated traffic information and a request for exclusive pedestrian phasing at the request of Chief Spera acting as the local Traffic Authority.  The Commission has stated its finding in this regard in Finding 15 above.
Specifically based on the findings set forth above, the Commission APPROVES the Modification Application subject to the following conditions, each of which are integral to the Commission’s decision to approve the Modification Application.  The conditions of the previously approved Special Exception, as modified, which remain in effect are repeated herein. Conditions that are no longer applicable by the Commission have been deleted. Additional conditions applicable to this Modification Application required by the Commission.

  • The following uses and construction are approved:
        1.      The use and construction of the Big Y grocery store, the Kohl’s Department Store general retail use,, Building A for general retail use and Building B for Panera Bread café-service use with entry on Spencer Plain Road and Boston Post Road as shown on MA-1 Master Layout Plan revised to April 15, 2013;
        2.      The relocation of the cul-de-sac for Center Road West, the construction of all road improvements for Boston Post Road, Spencer Plain Road and all internal roadways and driveways for the Modification Application which provide access to the Development Site as shown on the Modified Site Plan;
        3.      All revisions to Grading Plans and Utility Plans as revised through April 15, 2013 to address the requests by the Old Saybrook Fire Department;
4.      The Applicant will provide the enumerated requests of the Old Saybrook Fire Department as set forth in the letter from the Fire Chief to the Zoning Commission dated April 8, 2013, as responded to by F. A. Hesketh & Associates, Inc. dated April 12, 2013 and accepted by the Old Saybrook Fire Department by letter from Chief Dunn dated April 14, 2013;
        5.      The 601 parking spaces to be constructed as shown MA-1 Master Layout Plan revised to April 15, 2013. The Commission authorizes the reserve parking area of 129 spaces (17.7% of the number of required spaces) in the location as shown on MA-1 Master Layout Plan revised to April 15, 2013. In the event the Applicant is required under its lease obligations to provide additional constructed parking spaces, it will be entitled to do so upon approval by the Commission of the number, location and configuration consistent with the plan shown and in order to comply with applicable  Zoning Regulations;
        6.      The entire on-site sewage disposal system and underground storm water detention systems within the Phase I area;
        7.      All landscaping and sidewalks along both site frontages to the extent that such landscaping does not involve the removal of existing trees and vegetation on the Boston Post Road-side of the site, except as required for sight lines for the access driveway.
        8.      Subject to approval of the off-site owners, construction of the sidewalks along the Boston Post Road and Spencer Plain Road as shown on MA-1 Master Layout Plan revised to April 15, 2013.
        9.      The construction of the stormwater management system, including the detention basin on Lot 6-16, in accordance with the Inland Wetlands and Watercourses Commission Permits as modified through February 21, 2013.
        10.     Confirmation by the Zoning Enforcement Officer that rooftop mechanicals are obscured from view from Spencer Plain Road, Boston Post Road and the intersection of Center Road and Center Road West.

Until such time as these improvements have been completed to the satisfaction of the Zoning Enforcement Officer, assisted by the Town’s consulting Engineer and such other professionals as she deems necessary, no certificate of zoning compliance will be issued for the occupancy of the Big Y grocery store, the Kohl’s Department Store, Buildings A or Building B.

  •  A Certificate of Occupancy, permanent or final, may be issued for any building provided the following conditions are met:
  • The off-site traffic signals at the Spencer Plain Road entry driveway and the Boston Post Road and Spencer Plain Road intersection have been installed and are operational; and
  • That a Certificate of Occupancy for the Big Y grocery store has been issued, or if the Certificate of Occupancy is for any building other than the Big Y grocery store, the construction of this Big Y grocery store will have commenced and will be substantially complete (foundations, superstructure, framing and roof).
  • The limits of approved construction are shown on MA-1 Master Layout Plan as revised through April 15, 2013, and as described in paragraph B, above, including limits of site disturbance, will be shown on the Construction Phasing Plan (PH-1) as revised through February 28, 2013.  
  • The business hours of the businesses will be seven days a week, from 6:00 AM until 11:00 PM as set forth in the Amended Statement of Use dated April 24, 2013.  Any alterations to these hours of operation will require a modification of this Special Exception. All business signs will be turned off no later than one hour after closing.
  •  All deliveries for the site by tractor trailer type trucks of WB-30 classification by the State of Connecticut will occur during non-business hours or between 6:00 AM and 8:00 AM unless entry and exit is through the Center Road West entry driveway.  SU-30 type delivery trucks as classified by the State of Connecticut may occur during regular business hours and may use any driveway.  All removal of solid waste will occur prior to 8:00 AM.
  •  The sewage disposal system for the site will be built in accordance with approvals from all necessary regulatory agencies, specifically including the Department of Energy and Environmental Protection (DEEP).  Prior to a building permit for construction of the buildings on the site being issued, approvals to construct the sewage disposal system will be provided to the Zoning Enforcement Officer and such other municipal officials as she deems warranted.
  • The stormwater discharge system will be constructed as shown on the plans submitted and in accordance with the Inland Wetlands and Watercourses Commission Permit No.  P12-019.
  • The Applicant has already received approval from the State Traffic Commission for the off-site improvements shown on the Site Plans, including the areas extending south from the I-95 exit ramp onto Spencer Plain Road to the Spencer Plain Road-Boston Post Road intersection and easterly to the Boston Post Road-Chalker Beach Road intersection.  The Applicant has a pending updated application with OSTA, which includes exclusive pedestrian phasing at 4 Traffic Signals.  The Applicant will comply with Finding No. 15 relating to exclusive pedestrian phases for the Traffic Signals.  The approval and the updated application either must already contain or be modified to include the following improvements:
        1.      Improvements at the intersection of Boston Post Road and Spencer Plain Road as shown on the Modified Site Plans;
        2.      Signalization of the Spencer Plain Road entrance, modified signalization at the Boston Post Road and Spencer Plain Road intersection, signalization at the Boston Post Road and Center Road intersection and the Boston Post Road and Chalker Beach Road intersection.
        3.      This Modification of the Special Exception approval is specifically conditioned upon the installation of the traffic signal at the Spencer Plain Road entrance and at the Boston Post Road and Spencer Plain Road intersection no later than July 1, 2014, and at the Boston Post Road and Center Road and at the Boston Post Road and  Chalker Beach Road intersection no later than September 1, 2014.
        4.      No certificates of Zoning Compliance for Occupancy of any buildings on the project site, temporary or permanent, will be issued unless said installation of the traffic signal at the Spencer Plain Road entrance and Boston Post Road and Spencer Plain Road intersection have been installed.
        5.       No certificates of Zoning Compliance for Occupancy of any buildings on the project site, temporary or permanent, will be issued unless said installation of the traffic signals at the Boston Post Road–Center Road–Chalker Beach Road have been installed, or alternatively, have been bonded for completion by September 1, 2014.
        6.      In the event that the State Traffic Commission approves alterations outside the right of way which are different than those shown on the approved plans, the alterations will be brought to the Commission for review and possible amending of the Special Exception Permit if such alterations affect matters within the Zoning Commission jurisdiction.
        7.      The Center Road West entry to the Development Site has been designed and will be constructed to allow for ordinary vehicles as well as emergency vehicles to access the site.
        8.      A Restrictive Easement relating to traffic flow will be filed on the Land Records of the Town of Old Saybrook in form and content satisfactory to the Commission’s counsel. No exiting from the Boston Post Road curb cut is permitted.
        9.      The Applicant will provide for traffic preemption devices to be installed at the following traffic intersections as authorized under its OSTA Permit:
        (a)     Route #1 at  Center Road and Chalker Beach Road.
        (b)     Route #1 at Spencer Plain Road.
        (c)     Spencer Plain Road at Max’s entry driveway.

        Upon the Town obtaining DOT approval for traffic preemption devices to be installed at Schoolhouse Road, Donnelley Road, Ingham Hill Road and Old Boston Post Road the applicant will provide the traffic preemption devices to the Town in accordance with the letter of by F. A. Hesketh & Associates, Inc. dated April 12, 2013 and accepted by the Old Saybrook Fire Department by letter from Chief Dunn dated April 14, 2013.
.
  • The site plan will designate the areas lying immediately adjacent to the site driveways which could provide access to properties now owned by Smith Bros., Fifth Realty, LLC and Flanagan, shown on MA-1 Master Layout Plan will be amended to reflect the area as being subject to the right of the Old Saybrook Zoning Commission to impose a cross-easement in favor of one or more of said properties for pedestrian or vehicular access to the site driveways or sidewalks, or both, as part of site plan modifications for those properties, under the conditions set forth in the Applicant’s Amended Statement of Use dated April 5, 2013.
  • No toxic or hazardous substances will be used, stored or processed in connection with any of the stores on the site.  No activities will be conducted on the site which would constitute a critical source of air pollution, smoke, vibration, odors, glare and heat, pollution, fire hazards or radio interference.
  • The parking spaces designated “Permeable Pavers” located as shown on Sheet PT-1 and PT-2 will be constructed using pervious pavers for the specific purpose of determining the suitability of such pavers for project sites of this type.  None of the reserved parking of the site will be constructed without the specific authorization or direction of the Zoning Commission, which will have the further right to determine whether all or any lesser number of said reserved parking spaces, when constructed, will be constructed of similar pervious pavers.
  • The Applicant will apply to the Army Corps of Engineers for all necessary permits required to perform the improvements on the site.
  • All rooftop utilities on the buildings will be screened so as not to be visible at ground level from the site or the streets surrounding the site.  The materials used for such screening will be equivalent in quality and similar in architectural style to other materials used on the buildings.
  • All Special Exception applications are required to include the location, design, and height of all signs.  (51.6.4.B.2.c).  The only signs, as that term is defined in Section 64.2, approved for this site are those set forth on the plans as approved.  Any changes to the signs depicted, or any proposed additional signs, will require an amendment of this Special Exception and will not be processed as a separate application under Section 64 unless the Commission so authorizes.
  • The Applicant will cooperate fully with the State of Connecticut, Office of the State Archaeologist at the University of Connecticut as well as the State Historic Preservation Office in the performance of an archeological analysis of the site and the preservation of any archeological materials found at the site.
  • The Applicant will perform inspections and maintenance of its storm water management system facilities and structures on the following schedule: during the first year following commencement of construction, on a quarterly basis, then on an annual basis.
  • The Applicant will provide bonding to the Town of Old Saybrook and its Zoning Commission in accordance with Zoning Commission bonding policy in an amount satisfactory to the Town’s Engineering Consultant for the following purposes:
        1.      Landscaping, with such amount to be used to monitor and replace plants which have died off within the first year of planting.
        2.      Erosion and sedimentation control until the site is stabilized as determined by the Zoning Enforcement Officer.

        Those items which are applicable to both the Special Exception and to the Inland Wetlands and Watercourses Commission Permits will be so noted and the bond amounts will not be duplicated.

  • The Applicant will perform its reconstruction and improvements to Center Road West in a manner designed to be minimally invasive and disturbing to the other property owners who have frontage along the road.  To the greatest extent possible, construction of the road and of the detention pond will be managed in a way to allow the businesses continuous use of their property on a daily basis.
  • Other than during the period of construction, and for construction purposes only, no , storage trailers as defined in Section 9 of the regulations will be permitted on site, even for temporary or seasonal use unless specifically permitted by the Zoning Commission.
  • Utility boxes which are required to service the site will be screened from the public so as to be minimally intrusive to the architectural scheme of the site.  Carriage return corrals will be identified by a sign, two square feet in area and contain only the words “Carriage Return” or comparable language, but no commercial message of any kind, including but not limited to, commercial logos, symbols or color schemes, or products offered on or off-site.  The name of the store which owns the carriages may appear on the sign.
  • The Applicant will comply with all conditions set forth in the reports of Nathan L. Jacobson & Associates dated April 8, 2013 and April 10, 2013 to the extent not included in revised Plans dated April 15, 2013.
  • The Applicant will comply with all conditions set forth in the Fire Marshal Donn Dobson’s report dated April 15, 2013.
  • During all periods of construction on site, the Applicant will provide the Zoning Enforcement Officer, or her designee, the name and telephone number of an individual who will be responsible for oversight of the activities on the Property.  In the event that the Zoning Enforcement Officer or any other municipal official has concerns or issues regarding the activities on the Property, the individual designated by the Applicant will be contacted and will have initial responsibility to address any immediate health, safety or welfare issues related to the Property.
  • No cupola area of any building will be occupied or used for any retail activity, including storage and signage.  Additionally no flagpoles will include signage and will be limited to flags as permitted by regulation.
  • The Applicant will provide an eight-inch water main for this project.
  • The water mains from Center Road West, Boston Post Road and Spencer Plain Road will be connected to form a complete loop.  All yard hydrants must connect into this loop so that there are no “dead end hydrants”.
  •    All circulation driveways as defined in Section 62.7.1 of the Regulations will be constructed to the Town of Old Saybrook road specifications.
  • Any benches, tables or like amenities located outside a building will be for the use of the general public and will not be restricted for the use of any particular business, its customers or employees.
  • All drainage improvements will be in place prior to pavement of the parking lot.
  • Flagpoles will be utilized  for federal, state and municipal flags only.
  • In accordance with its agreement with the Chalker Beach Improvement Association, the applicant will demonstrate that application has been made to the State of Connecticut Department of Environmental Protection and Army Corps of Engineers for off site drainage improvements including repairs/replacement of the tide gate, culvert and associated drainage system.
  • In accordance with its agreement with Brian Greenho, the principal of Greenho Enterprises, LLC, an abutting owner as shown on MA-1 as revised through April 15, 2013 the Applicant will have its surveyor mark the common boundary line prior to commencement of any clearing or construction activities. Applicant will thereafter construct an underdrain on the common boundary line at the location agreed to by the engineers of the parties. In addition to the 6 foot buffer fence shown on the Modified Site Plan GR-1 as revised through April 15, 2013, the Applicant will plant a row of 30 arborvitaes along the common boundary line. All of the foregoing work will be completed prior to the issuance of a Certificate of Occupancy for any building on the project development site.

  • No use, construction or development has been approved for the 17.68 acres except as herein approved. The Applicant reserves its rights to seek to further Modification of this Special Exception for any further development of the site, including, but not limited to, the area designated “Phase 2 2.94 ac.”. No use, construction or development has been approved for this area and the foregoing designation of

“Phase 2 2.94 ac.” is for identification purposes only. Since none of the uses approved are “other than retail”, the modification approved June 1, 2009 will only apply to a future Special Exception Application as an available use to the extent of the 20,000 square feet.


  • This resolution is binding on heirs, assigns and successors.
Dated at Old Saybrook, Connecticut, this 24th day of April  2013.

                                                OLD SAYBROOK ZONING COMMISSION  
                                                Robert Friedmann, Chairman