REGULAR MEETING MINUTES
Monday, June 3, 2013 at 7:00 p.m.
Town Hall, 302 Main Street
1st floor conference room
I. CALL TO ORDER
Mr. Friedmann called the meeting to order at 7:07 p.m.
II. ROLL CALL
Attendant Members
Robert Friedmann, Chair
Madge Fish, Vice Chair
Geraldine Lewis, Secretary
John Talbott, Regular Member
Elizabeth Steffen, Regular Member
Thomas Farnham, Jr., Alternate Member
Absent Members
Robert Richards
Attendant Staff
Christina Costa, Zoning Enforcement Officer
Christine Nelson, Town Planner
Kathleen Noyes, Administrative Clerk
There were approximately 35 members of the audience present.
MOTION to approve the Regular Meeting Minutes from the May 20, 2013 as presented; MADE: by G. Lewis; SECONDED: by M. Fish; VOTING IN FAVOR: J. Talbott, M. Fish, G. Lewis, E. Steffen, R. Friedmann; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve the Nathan Jacobson Invoice #77662 in the amount of $62.40. MADE: by G. Lewis; SECONDED: by L. Steffen; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, G. Lewis; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve the Nathan Jacobson Invoice #77665 in the amount of $530.40. MADE: by L. Steffen; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, G. Lewis; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve the Nathan Jacobson Invoice #77666 in the amount of $686.40. MADE: by J. Talbot; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, G. Lewis; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve the Nathan Jacobson Invoice #77667 in the amount of $187.20. MADE: by J. Talbot; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, G. Lewis; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
MOTION to approve payment of the invoices #77663 for $941.90, #77664 for $62.40, #77668 for $24.25, #77669 for $24.25 and #77670 for $24.25 from Nathan Jacobson which brings the total amount for all invoices to $2,543.45. MADE: by R. Friedmann; SECONDED: by G. Lewis; VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Fish, E. Steffen, G. Lewis; OPPOSED: None; ABSTAINING: None; APPROVED: 5-0-0.
IV. Public Hearings
A. “Eastpointe, LLC” Petition to Amend the Old Saybrook Zoning Map to overlay the Incentive Housing Zone (IHZ) – Multi-Family (MF) Subzone at 7 North Main Street (Assessor’s Map 40, Lot 5) and at adjacent parcels on North Main Street known as Assessor’s Map 40, Lot 6-1 and Assessor’s Map 39, Lot 9 in the Shopping Center Business B-2 Zoning District & Pedestrian Node.
Petitioner: Eastpointe, L LC Agent: Attorney Edward Cassella
Attorney Cassella requested that both applications be considered in one Public Hearing. R. Friedmann agreed to open both public hearings and hear them simultaneously.
He distributed a hard copy of the power point presentation and copies of 2 letters he received today: 1 from Fire Chief J. T. Dunn and the other from the Upper Cemetery Committee.
The site plan calls for 186 multi-family developable units; 93 1-bedroom units and 93 2-bedroom units. The minimum density of the development is 20 units per acre. The map and text amendments requested tonight will need to be approved by the Zoning Commission in order for the development to move forward.
Bill Finger, of Eastpointe, LLC, emphasized the 4 goals in the Town Plan of Conservation and Development that support affordable multi-family housing. This is a mixed-use transit oriented development that is in a walkable, compact area with great access to town. This is a (TOD) transit-oriented development with a housing element, which offers local and regional benefits such as walkable streetscapes, increased property tax revenues and more customers for retail businesses both on Main Street and in the Shopping Center.
The Department of Transportation would like to add 200 parking spaces for the commuter rail and for the 9-town transit bus. The housing development would be located on what is currently The Knight’s Inn property, which is an interior location with very limited frontage.
Eastpointe, LLC sought to narrow the developable land as it applies to the IHZ to 9.3 acres by creating buffers on all sides that are enforceable by an easement or a restriction similar to a conservation easement.
Tim Wentz from Gate 17 Architecture out of PA explained that request for 47’ feet is not to create more units but to create a more appealing aesthetic that fits in with the New England style of architecture. The roofline would be more proportional to the project. If the buildings were 2 stories, at 20 units to an acre, they would have to add 4 more buildings to the development which would drastically reduce the amount of green space, and it would be too dense. If the buildings were 2 stories, there would be too few units per acre.
B. Finger addressed concerns about the number of additional school aged children added to the public schools. He reviewed school aged children projections compiled by Rutgers University, Center for Urban Policy Research, Residential Demographic Multipliers. This is the standard used throughout the country and endorsed by the State of CT. According to the research, approximately 15 school-aged children will be added to the district.
R. Friedmann discussed a letter from C. Costa earlier this year and asked about her interpretation in the letter she wrote regarding the definition of developable land under Section 9 of the Zoning Regulations. Ms. Costa explained that the definition of developable land is exactly the same as written in the State Statutes. C. Costa explained that she did not interpret the current exemptions under the definition to exclude areas within setbacks, drainage or easements proposed as part of the application.
E. Cassella talked about modifying the exemptions described in the definition of “developable land” in the Zoning Regulations to achieve minimum densities and to maintain a development with 186 units to avoid returning to the DEEP to modify the septic approval. The septic system approval was not capped out at 186 units but at 216 units.
C. Costa entered into the record, referral responses from the Planning Commission, the Board of Selectmen, The Architectural Review Board, The Economic Development Commission, HOPE Partnership, The Chamber of Commerce, the Upper Cemetery Committee, the Route 1 East Task Force, Fire Marshal Donn Dobson and Marci Balint from DEEP. Police Chief Michael Spera has not responded with any concerns.
R. Friedmann asked if there was anyone present who wished to speak.
Matthew Rubin, of the Old Saybrook Shopping Center, said he has been watching this property for many years. He asked to go over the site plan and discussed his belief that the housing will increase retail shopping customers. Mr. Rubin feels that the project will promote pedestrian access to shops on Main Street and the adjacent Shopping Center. Mr. Rubin supported the conceptual plan layout that did not provide vehicular or pedestrian access from the proposed project site to the shopping center. He’d like to see the buffers so he doesn’t have to look at the backs of garages from the Shopping Center.
Attorney Cassella said the site plan could accommodate a nice pedestrian connection.
Eleanor LaPlace expressed concerns about the safety of the intersection. Pedestrian travel would be increased which would be dangerous. She said she thinks the buildings are too high. She’s like to retain area as a B2 Zone because the town needs more jobs. She also asked about the affordability of the development and if the rent included amenities.
Bill Attridge, President of HOPE Partnership, spoke. HOPE started in 2004. They are advocates of workforce /affordable housing. They would like to increase the number of affordable units in the area. He read aloud from the letter HOPE sent to the Commission.
Charles Halbing, resident of Old Saybrook, said he is concerned about the request for the height change. He said he thinks the Zoning Commission should hold the applicant to the current standard. He thinks the lower roofline fits the neighborhood better than the higher roofline.
Bob Fusari, longtime resident of Old Saybrook, is also a builder and developer, but he has no relationship with this developer. He’s also a member of HOPE Partnership, but he is not speaking tonight on behalf of HOPE. He said the proposed height is appropriate for the project He said as a builder, he understands the developer’s point of view, and as a resident, he understands the residents’ point of view. His granddaughter lives in an affordable development in Niantic. He has children and grandchildren in town that may not be able to afford to live in town. He thinks the town needs this development.
Carol Manning, resident of Old Saybrook, said she is in favor of affordable housing. It’s a beautiful project, but she has concerns about the size and scope of the project. She’s concerned about the long-term affects of a project of this size and the costs to the town for fire service, etc. She’s concerned this could lead to the need for a paid fire staff. She asked about location of fire hydrants R. Friedmann said this would be addressed when the site plan was presented. She then asked about emergency access for the unit furthest north. She asked about the need for increased medical assistance if senior citizens live in the units, and if the town has the medical staff for that. She expressed concerns about safety at the crosswalks. She asked how the town would regulate the number of people living in
each unit. C. Costa said it’s difficult to regulate how many people live in a unit. The Fire Marshal and the Building Official inspect rental units on a yearly basis. R. Friedmann said this matter would be regulated more by the developer than by the town.
In answer to the above questions, Attorney Cassella said the club house would have professional management on site that will manage the leases and enforce issues like the number of people living in each unit. Regarding fire safety, all of the units would be fully sprinkled.
R. Friedmann said the Fire Marshal said in his referral response that he has no concerns, but the OSFD has concerns about the sill height of the 3rd floor windows.
Donna DiBella asked about parking spaces.
R. Friedmann said current parking is insufficient. Additional parking is needed. The state will use the northern most portion of this area to put 200 parking spaces in for rail commuters.
Maria DeMarco is the owner of a professional management company that manages Ferry Crossing and other properties with an affordable housing component. She also lives in Old Saybrook. She said there is a significant need for affordable housing. Four of her five children would qualify for the affordable component. The young professionals, the “snow birds” and those downsizing, need affordable housing. This is a fabulous project, and she is urging the Commission to move forward with it.
Jane Cypher asked if the letters received are open to the public. C. Costa said the letters are available for public to review in the Land Use Office.
Jane Cypher then asked about garage storage.
R. Friedmann said that issue will be discussed later in the process, but he is aware of the concern.
Mary Roche is concerned about how many people will be driving in and out of the intersection. She said it’s a nightmare now, and she’s worried about adding so many more cars. She asked if there was any other vehicular access.
R. Friedmann said there is not, but cars can exit through Stage Road. He said traffic reports would be done and reviewed later in the process.
Attorney Cassella talked about previous traffic studies that were done when a retail development was discussed previously, and that traffic volumes would be much less with a residential development.
Fred Scribner spoke about his concerns about how many cars the people in the dwellings may have. The current traffic is impossible especially in the summer. He also would like to hold the developer to the maximum height requirement of 38 feet.
David Cole, from Cole Insurance, spoke about the density, 186 units. He thinks it’s too many units and too many cars for the area. He’s concerned that the infrastructure can’t handle the additional traffic. He said he supports affordable housing, but he’s concerned about the numbers.
E. Cassella said there are packets available for public viewing about transit orientated developments at the Land Use Office.
L. Steffen expressed concerns about possible remain outside of the buffer zone. Attorney Cassella said he met with the Upper Cemetery Committee, and they had this discussion. During the time people were being buried in the Upper Cemetery, there was a road, thus, they are confident the buffer is sufficient.
L. Steffen said the road was post-revolution and the cemetery was pre-revolution, therefore, it is possible that human remains could be buried farther out. R. Friedmann said that would come later in the process.
T. Wentz said there is dead space between the 38’ and 47’. The height increase would be purely for aesthetics.
C. Costa asked about the proposed ceiling height. T. Wentz said the proposed ceiling height for the units is 9’.
Dick White asked if all of the buildings were 47’ height. The clubhouse and garages are not 47’. Only the residential buildings are 47’ high.
R. Friedmann asked C. Costa if she expected to get any more input from staff or any other agencies. She said she did not.
MOTION to close the Public Hearing on “Eastpointe, LLC” Petition to Amend the Old Saybrook Zoning Map To Overlay The Incentive Housing Zone (IHZ) – Multi-Family (MF) Subzone at 7 North Main Street (Assessor’s Map 40, Lot 5) and at adjacent parcels on North Main Street known as Assessor’s Map 40, Lot 6-1 and Assessor’s Map 39, Lot 9 in the Shopping Center Business B-2 Zoning District & Pedestrian Node; 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.
R. Friedmann stated that while he thinks the IHZ is a good idea, he doesn’t feel Multi Family (MF) is the best use for the area. IHZ can be accomplished without MF. There are less ambitious densities with a different septic system that would accomplish the goals of IHZ and affordable housing with duplexes and townhouses.
MOTION to approve “Eastpointe, LLC” Petition to Amend the Old Saybrook Zoning Map To Overlay The Incentive Housing Zone (IHZ) – Multi-Family (MF) Subzone at 7 North Main Street (Assessor’s Map 40, Lot 5) and at adjacent parcels on North Main Street known as Assessor’s Map 40, Lot 6-1 and Assessor’s Map 39, Lot 9 in the Shopping Center Business B-2 Zoning District & Pedestrian Node effective July 1, 2013; MADE: by R. Friedmann; SECONDED: by L. Steffen; VOTING IN FAVOR: M. Fish, J. Talbott, E. Steffen; OPPOSED: R. Friedmann, G. Lewis; ABSTAINING: None; APPROVED: 3-2-0.
B. “Eastpointe, LLC” Petition to Amend the Old Saybrook Zoning Regulations Section 9 Definition of Developable Land Incentive Housing Zone (IHZ), Item C to exclude enforceable restrictions in building areas or along property lines in the IHZ from developable land.~ Add Section 54.1.3 to permit a new Saybrook Junction IHZ overlay in the B-2 District and an IHZ Multi Family Subzone Eastpointe at Saybrook Junction at 7 North Main Street (Assessor’s Map 40, Lot 5) and at adjacent parcels on North Main Street known as Assessor’s Map 40, Lot 6-1 and Assessor’s Map 39, Lot 9.~ Add new Section 54.7.8 to allow for a maximum of 3 stories, 47 feet high buildings for multi-family buildings in the B-2 District located within 100
feet of a railway station or on a parcel of land with frontage on North Main Street.
Petitioner: Eastpointe, LLC Agent: Attorney Edward Cassella
MOTION to close the Public Hearing for “Eastpointe, LLC” Petition to Amend the Old Saybrook Zoning Regulations Section 9 Definition of Developable Land Incentive Housing Zone (IHZ), Item C to exclude enforceable restrictions in building areas or along property lines in the IHZ from developable land.~ Add Section 54.1.3 to permit a new Saybrook Junction IHZ overlay in the B-2 District and an IHZ Multi Family Subzone Eastpointe at Saybrook Junction at 7 North Main Street (Assessor’s Map 40, Lot 5) and at adjacent parcels on North Main Street known as Assessor’s Map 40, Lot 6-1 and Assessor’s Map 39, Lot 9.~ Add new Section 54.7.8 to allow for a maximum of 3 stories, 47 feet high buildings for multi-family buildings in the B-2 District located within 100 feet of a
railway station or on a parcel of land with frontage on North Main Street. Petitioner: Eastpointe, LLC; Agent: Attorney Edward Cassella
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.
L. Steffen and M. Fish stated that they were opposed to the height change requested because the buildings would be much more visible to the residents of the town. The felt 47’ was too high.
MOTION to approve “Eastpointe, LLC” Petition to Amend the Old Saybrook Zoning Regulations Section 9 Definition of Developable Land Incentive Housing Zone (IHZ), Item C to exclude enforceable restrictions in building areas or along property lines in the IHZ from developable land.~ Add Section 54.1.3 to permit a new Saybrook Junction IHZ overlay in the B-2 District and an IHZ Multi Family Subzone Eastpointe at Saybrook Junction at 7 North Main Street (Assessor’s Map 40, Lot 5) and at adjacent parcels on North Main Street known as Assessor’s Map 40, Lot 6-1 and Assessor’s Map 39, Lot 9.~ Add new Section 54.7.8 to allow for a maximum of 3 stories, 47 feet high buildings for multi-family buildings in the B-2 District located within 100 feet of a railway station or on
a parcel of land with frontage on North Main Street. Petitioner: Eastpointe, LLC; Agent: Attorney Edward Cassella; MADE: by R. Friedmann; SECONDED: by M. Fish; VOTING IN FAVOR: None; OPPOSED: R. Friedmann, M. Fish, G. Lewis, J. Talbott, E. Steffen; ABSTAINING: None; APPROVED: 0-5-0. MOTION TO APPROVE DID NOT CARRY AND THEREFORE THE PETITION TO AMEND WAS DENIED.
C. Petition to Amend the Old Saybrook Zoning Regulations, Section 53 Special Standards, to permit Food and Beverage Concession Service at Town Parks adjacent to Long Island Sound. Amend Section 37.1.10 Saybrook Point Districts to make the term “Parks & Playgrounds” consistent with all other districts. Section 9, add definition of park.
Petitioner: Old Saybrook Zoning Commission
The Zoning Commission discussed their proposed amendment to the Old Saybrook Zoning Regulations to allow for a food concession stand. The Commission drafted this regulation at the request of Parks and Recreation Department requested that one food vendor be allowed at Harvey’s Beach. No outdoor seating will be provided.
Positive referrals were received from Marci Balint of the Department of Energy and Environmental Protection, Steve Murphy Chairman of Parks & Rec, Ray Collins Chairman of the Harbor Management Commission, Torrance Downes Chairman of the Gateway Commission and Janis Esty Chairman of the Planning Commission.
There were 2 members of the audience present. Neither wished to comment.
MOTION to close the Public Hearing for Petition to Amend the Old Saybrook Zoning Regulations, Section 53 Special Standards, to permit Food and Beverage Concession Service at Town Parks adjacent to Long Island Sound. Amend Section 37.1.10 Saybrook Point Districts to make the term “Parks & Playgrounds” consistent with all other districts. Section 9, add definition of park. MADE: by M. Fish; 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.
MOTION to approve the Petition to Amend the Old Saybrook Zoning Regulations, Section 53 Special Standards, to permit Food and Beverage Concession Service at Town Parks adjacent to Long Island Sound. Amend Section 37.1.10 Saybrook Point Districts to make the term “Parks & Playgrounds” consistent with all other districts, and in Section 9, add definition of park., as presented. This amendment shall be effective June 17, 2013; MADE: by M. Fish; SECONDED: by L. Steffen; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, E. Steffen; OPPOSED: J. Talbott; ABSTAINING: None; APPROVED: 4-1-0.
VI. RENEWAL OF GRAVEL PIT PERMITS:
1) Hull 2) Dibble 3) Piontkowski
The Commissioners agreed the gravel pits looked great, but that there are problems with the Dibble building that will be addressed at a later date.
Because M. Fish did not participate in the gravel pit inspections this evening, she abstained from the vote, and T. Farnham, who did participate, voted instead.
MOTION to approve the renewal of gravel pit permits for Hull, Dibble and Piontkowski; MADE: by R. Friedmann; SECONDED: by L. Steffen; VOTING IN FAVOR: R. Friedmann, T. Farnham, J. Talbott, G. Lewis, E. Steffen; OPPOSED: none; ABSTAINING: M. Fish; APPROVED: 5-0-1.
VII. COMMITTEE, REPRESENTATIVE AND STAFF REPORTS
C. Costa reported on the following:
The office continues to be busy processing zoning and flood permits as a result of damages from Irene and Sandy. The majority of the applications processed to date are for storm repairs from Hurricane Irene Applications related to repairs from super storm Sandy have just started to come in.
The Zoning Enforcement Officer will be speaking at the National Flood Conference at the Convention Center in Hartford next week.
Basser Kaufmann property, 901 Boston Post Road. The transcript and return of record have been completed and court proceedings should commence shortly.
C. Nelson reported on the following:
The Natural Hazard Mitigation Plan has been delayed because Fenwick wished to be included. They’ve requested that their 3 projects be added to the appendix so they will eligible for mitigation funding.
The Planning Commission has almost completed the scenic roads section of Town Plan of Conservation & Development. The Route 1 Task Force has been having a lot of productive discussions at their recent meetings.
Resident Jane Cypher spoke of her concerns about the chain link fence on cemetery property. She said she’s spoken to the First Selectman previously, and nothing was done. Commissioners recommended that she talk with the Board of the Upper Cemetery and then the First Selectman to resolve this.
VIII. ADJOURNMENT
MOTION to adjourn the meeting at 10:00 p.m. until the next Regularly Scheduled meeting of the Zoning Commission which will be Monday, June 17, 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 L. Steffen; VOTING IN FAVOR: R. Friedmann, M. Fish, G. Lewis, J. Talbott, E. Steffen; OPPOSED: none; ABSTAINING: None; APPROVED: 5-0-0.
Respectfully Submitted,
Kathleen Noyes, Recording Clerk
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