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Zoning Commission Minutes 09/02/2014
REGULAR MEETING MINUTES
Tuesday, September 2, 2014 – 7:00 P.M.
Town Hall, 302 Main Street
1st floor conference room

I.      CALL TO ORDER

        The Chairman called the meeting to order at 7:05 p.m.

II.     ROLL CALL

        Members Present:                                        Members Absent:
        Robert Friedmann                                        Thomas Farnham Jr.
        Madeleine Fish
        Geraldine Lewis
        John Talbott
        J. Colin Heffernan
        Deborah Warren

        Staff Present:
        Christina Costa, Zoning Enforcement Officer
        Joanne Kegel. Recording Clerk

        15 members of the public were present.
        
III.    REGULAR BUSINESS
        
  • MINUTES
        The Commission reviewed the meeting minutes of August 18, 2014.

MOTION:  To approve the regular meeting minutes of August 18, 2014 as presented with one correction:  To amend the MOTION made to approve the Application for Minor Modification of Special Exception permit  # 13-025,  for six hotel rooms accessory to Saybrook Point Inn; 13,820 s.f., 19 Bridge Street, Map 24/ Lot 54,  Saybrook Point SP-3 District, Gateway Conservation Zone, CAM Zone with conditions; to add a condition that the brick piers in front be no less than 4 ft. in height with no lighting or signs.  MADE: G. Lewis; SECONDED: John Talbot; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0

  • CORRESPONDENCE
The Commission received the August RIVERCOG report for their information and there was no       discussion.

IV.       PUBLIC HEARINGS

  • “North Cove Shops” Application for Special Exception for 11,236 s.f. mixed use  retail with possible  convenience store and restaurant.
       75 Main Street  (Map 37/Lot 36)
                  Central Business B-1 District, Pedestrian Node, Coastal Area Management Zone.
   Applicant/Owner:  75 Old Saybrook, LLC      Agent:  David M. Royston, Esquire

The Chairman opened the public hearing.

Attorney David Royston presented the plan and explained the revised Statement of Use for the North Cove Shops dated July 22, 2014.  The site will be used for commercial purposes with 11,236 s.f. mixed use retail including a potential 4,000 s.f., 130 seat restaurant, a 1,000 s.f. convenience store and other general retail.  There are no specific tenants for the premises at this time.  Attorney Royston explained that there would be no change in interior area and the basement would be used for storage area.  There are 125 existing parking spaces and the plan has been revised to include 107 parking spaces increased from the 104 required to accommodate retail, the possible restaurant and convenience store, and conforms with landscaping requirements.

Attorney Royston addressed the NLJA Engineering Review by Geoffrey Jacobson and explained the revisions that have been incorporated based on NLJA’s recommendations. The angled parking area will conform to regulation standards, the existing handicap parking will comply to ADA standards, Lights will be 14 ft. above grade, clarified to be at maximum height. The number of lights were increased from 10 to 11.  There will be curbing except at handicap access, and on the South side of the building the spacing of bollards has been changed to 6 ft. from 8 ft.  Additional landscaping has been added at the northern end of the parking lot.  Storm water and roof drainage has been addressed and parking lot reconstruction is to be determined.  Sidewalk construction will conform to public improvement regulations. The location of the dumpster will not be changed but it will have an enclosure.  One parking space on Main Street has been eliminated as recommended.  Landscaping requirements and sidewalk construction shall be in compliance with regulations. Signage will be in compliance with ARB and conditions set forth by the Fire department will be met.

Mr. Anthony Izzo, Principal of 75 Old Saybrook, LLC gave supporting comments to Attorney Royston’s presentation.

Phillip Cerrone, AIA, Project Architect of Fairfield CT presented a summary overview of the site adding that the Elm Street entrance will have 2 one-way drives for entering and exiting
to allow for an island for additional landscaping. The building will be in the same footprint, the existing stairwell inside will be removed, an overhang will be added to the exterior, and there will be 2 patios facing Main Street. Utility poles in the parking lot will be removed with the installation of underground utilities. Employee parking was added to the new renderings.


R. Friedmann asked about a bicycle rack and Mr. Cerrone said one would be tied to usage, not to the lot.  Chairman Friedmann asked that a bicycle rack be added to the site plan in an appropriate location as a condition for approval.  Deborah Warren asked about the basement flooding and Mr. Cerrone replied that there was no evidence of flooding.  More

impervious areas and improved roof drains should help eliminate flooding.  John Talbott inquired about HVAC units on the roof.  Mr. Cerrone replied that there would be roof units and they will be properly screened.

There was no comment or opposition from the public audience. ARB, Police and Fire Dept. conditions will be met.  Referral responses from the Planning Commission, the EDC, the ARB and the Building Dept. were favorable.  The Health District has approved a septic system plan.

MOTION: To close the Public Hearing for the “North Cove Shops” Application for Special Exception for 11,236 s.f. mixed use retail with possible convenience store and restaurant. 75 Main Street (Map 37/Lot 36) Central Business B-1 District, Pedestrian Node, Coastal Area Management Zone.    MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
MOTION: To approve the “North Cove Shops” Application for Special Exception for 11,236 s.f. mixed use retail with possible convenience store and restaurant. 75 Main Street (Map 37/Lot 36) Central Business B-1 District, Pedestrian Node, Coastal Area Management Zone with conditions:  
  • The height of the light poles will not exceed 14 ft. from existing grade.
  • The sidewalk widths will comply with town standards for sidewalks.
  • The wall signs will be white lettering on a dark background and the free standing sign will have coordinating colors as per ARB recommendation.
  • HVAC and mechanical units on the roof will be screened from view.
  • The landscaping Island on Elm Street will be reduced to accommodate a 14 ft. aisle as required.
  • The Photometric Plan will be revised to show zero light spillage at all property lines.
  • The Applicant will review the auto turn analysis with  Fire Department,  Fire Marshal and Police Chief.
  • A bike rack is to be added to the site plan in an appropriate location as per section 62.2.2 of the Zoning Regulations.
The application is exempt from a Coastal Area Management Review.
MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0

  • Eastpointe” Incentive Housing Development – 186 units (10.78 ac.)
  • 7 North Main Street (Map 40 /Lots 5 & 6-1 and Map 39 / Lot 9)
  • Shopping Ctr. Bus. B-2 District, Ped. Node, Incentive Hsg. IH Zone (Multi-Family MF Subzone)
Applicant: Eastpointe, LLC., contract purchaser~       Agent: Edward M. Cassella, Esq

        The Chairman opened the public hearing.

Vice Chairman Madeleine Fish recused herself from the Eastpointe discussion and left the meeting at 8:15 p.m. Colin Heffernan was seated for Madge Fish.

Attorneys Caleb Hamel and Eliza Heins of Branse & Willis, LLC were present to interpret the regulations and prove some clarity on restrictions, if any.


Attorney Edward Cassella presented the plan overview for Eastpointe, LLC.  Proposed is a 186 unit Incentive Housing Development on 7 North Main Street.  Thirty-eight units will be reserved as Incentive Housing Units.  All units will be one or two bedroom units. The property consists of 3 parcels in 10.78 acres where there is currently no residential usage in an area that consists of mostly commercial properties. Qualification and cost for Incentive Housing will be based on income and the median income of the Town, not market value. Open spaces will be deed restricted from further development as undevelopable buffers. 64,000 sq. ft. (1.5 acres) will be restricted as undevelopable buffer and includes the center space near the pool. A cemetery buffer will be provided and there will be no development which affects the rights surrounding the cemetery.  The developer used ground penetrating radar and determined that no human remains were found north of the cemetery and confirmed that that area has always been a road.

Bill Finger of Eastpointe, LLC reviewed the plans.  The entry driveway will be on North Main Street. A walkway connection to the DOT parking lot will be provided.  There will be an emergency roadway with pedestrian and Fire emergency access south of the entry.  The plan is for 8 buildings, all  are 3 story, with a clubhouse building with landscaped courtyard, gas fireplace, and pool, a mailbox kiosk across from the clubhouse and 4 garage buildings with 54 garage bays.

Timothy Wentz, the project architect of Gate 17 Architecture in Brynmar, PA, reviewed the height of the buildings to be 38 ft. from existing grade maximum permissible with gambrel style roof. Mr. Wentz also discussed building materials, inclusive of cultured stone, vinyl siding, asphalt shingle roof materials and color schemes.  The clubhouse will use the same architecture and materials. The mailbox kiosk will be in an enclosure.  The main entry sign will be 8 ft. tall and 14 ft wide inclusive of the base, still to be submitted for approval.  HVAC units will be enclosed in utility closets on balconies. Chairman Friedman asked about a walkway to the Old Saybrook Shopping center and tenant storage.  A walkway will be considered at the rear of the shopping center. Storage will be limited to tenant units.  Some storage rental and bicycle racks may be provided and a maintenance building is included to store project equipment.

The Commission asked questions regarding garages, site management, open spaces, and qualification for affordable units.  Bill Finger addressed the concerns stating that all garages are enclosed with a visual buffer to the backside of the shopping center and are rentable only. All living units are rentals.  There is a manager on site, unknown if manager will be living on site at this time but communication will be available 24 hours. Attorney Cassella explained that open spaces will reduce acreage density and include recreation areas. Robert Friedmann requested more clarification on open space as undevelopable land. Affordable units will be qualified by a third party administrator to screen applicants and such tenants will be disbursed among all buildings to include 18 1 bedroom units and 22 2 bedroom units.

Bruce Reinheimer, Landscape Architect with BHR Landscape Architecture of Fairfield CT explained the landscaping.  As many trees as possible on the east side roadway will be preserved, plants will be small and trees will include Maples, Oaks, Evergreens, Spruce, Zelkovea trees and some flowering trees. Shrubs will be installed at foundations without flowers to reduce maintenance. Some flowers and perennials will be planted around the pool area.  148 trees are required for the site and 348 are included on the plan.  Irrigation will be installed.  The emergency
and pedestrian access way will include a stabilized lawn to enable fire trucks to pass in a 24 ft. open area. Landscaping will be 50-55% of the site.  




Bill Finger explained that the leases would be annual and the units non-furnished. Deborah Warren asked about trash and recycling. There will be trash bins and recycling bins. Brian Robick of Eastpointe, LLC explained that electric car chargers would be considered and appliances will be all Energy Saver appliances.

The Commission asked if materials would be purchased locally.  Bill Finger explained that some would be but not all due to the quantities required.

Ken Roach of Old Saybrook inquired about the parking ratio to the number of units and was assured by Brian Robick that the total parking spaces meet regulations and that the garages count toward the ratio.

Scott Hesketh, Traffic Engineer of F.A. Hesketh and Assoc., Inc., reported on a prepared traffic analysis and impact study.  Anticipated traffic patterns, capacity analysis on roadways, turning points at Route 1, Stage Road, River Road and Route 154 were presented in the study.  The study was completed in July of 2014 with peak summer traffic and was reviewed by Frederick P. Clark Associates, Inc., planning and transportation consultants.  In summary, Mr. Hesketh anticipates a small volume of increased additional traffic to the area.  An increase in pedestrian phasing at Routes 1 and 154 may also slow traffic.  The summer months are most affected as population decreases in non-summer months.

The lengthy traffic review by Clark Associates was presented to the Old Saybrook Zoning Enforcement Officer with concerns and comments and advised that the applicant respond to the comments as soon as possible so that Clark can complete their review and recommendations to the Town.  

Chairman Friedman asked about a temporary construction entrance and advised that the motel access would be too close to the light at Route 1.  Mr. Hesketh recommends using Stage Road to Route 154 for a right turn into the site. ZEO Chris Costa advised that the applicant should consult the Police department if a traffic officer will be needed during construction and pointed out that construction at the train station will be occurring at the same time. Bill Finger reported that they will coordinate construction with the DOT.

Stuart Fairbank, Engineer for Angus McDonald Gary Sharpe and Associates, Inc., reported on the storm water system and that all parts of the system are all on site and has been worked out with DEEP.  There will be 6 circular tanks below ground but protruding above ground approximately 2 ft. in height in an area near the on-site sewerage treatment plant. A small building will house the controls and a generator.

Concerns from the public included a question by Mr. Ken Roach of Old Saybrook inquiring about a vehicle access into the O.S. Shopping Center.  Bill Finger stated that there would not be vehicle access as that would change traffic patterns.  Mr. Peter Krause of Old Saybrook asked if the project would possibly be scaled back to reduce density.  Chairman Friedmann replied that the plans being submitted are currently lower than the density desired and this is the plan being considered for approval at this time.   Mr. Bob Lourdes of Coulter Street, a former mail carrier, expressed concern about the size and scope of the project and the transient nature of the tenants.

Attorney Cassella reported that the applicant requested to postpone and extend the time period of the public hearing to the regular Zoning Commission meeting on October 6, 2014, to allow


time for receipt of new materials, responses to referrals, and to present all revisions together to avoid confusion. Attorney Cassella presented the Commission with a letter consenting to the extension of the public hearing to October 6, 2014.

Chairman Friedmann continued the public hearing for “Eastpointe” Incentive Housing Development – 186 units (10.78 ac.), 7 North Main Street (Map 40 /Lots 5 & 6-1 and Map 39 / Lot 9) to the regular meeting of the Zoning Commission on October 6, 2014.
           
VI.     COMMITTEE, REPRESENTATIVE & STAFF REPORTS

ZEO Chris Costa reported on the Superior Court upheld the Commission in the matter of 899 Boston Post Road, LLC (899 Boston Post Road) v. Town of Old Saybrook Zoning Commission and Basser Kaufman Saybrook, LLC. (901 Boston Post Road) concerning cross-vehicular access  into the Shopping center on 901 Boston Post Road.  The Zoning Enforcement Officer will follow up to determine when improvements will be made per the modification of the Special Exception approval.

ZEO Chris Costa continues to update the Commission on the progress of the removal of the seawall constructed by David and Betsy Sams of 9 River Edge Road via e-mailing photos, correspondence and a recent article that appeared in the Hartford Courant on August 31, 2014.

ZEO Chris Costa reported on a complaint from the owners of 24 Walker Ave. citing light pollution coming from 26A Walker Ave and requested guidance from the Commission. The complaints started several years ago. 26A Walker Avenue did install new light fixtures and the matter appeared to have been resolved. Over the summer the lights were adjusted and new complaints were received. Chris Costa has sent two letters, e-mails and Cease & Desist Orders to the property owner over the summer with no response.  The First Selectman was notified and recently sent a letter to the property owners. The Commission determined that they would wait to see if the owners of 26A Walker Avenue respond to the First Selectman prior to determining the next steps in enforcing the matter.

The construction at Max’s Place, Spencer Plain Road is progressing.  Kohls has a planned opening for September 21st and will be requesting a Certificate of Occupancy shortly. Ulta Cosmetics will open shortly thereafter.  Chris Costa suggests that the landscaping bond for any remaining or non-compliant site landscaping and for second year growth for the entire property will be provided prior to the issuance of a Certificate of Occupancy for multi-tenant building B.  The Commission agreed ZEO may handle this matter administratively.

VII.    ADJOURNMENT

MOTION: To adjourn the meeting at 10:25 p.m. until the next regularly scheduled meeting on Monday, September 15, 2014 at 7:00 p.m. Town Hall,1st Floor Conference Room, 302 Main Street, Old Saybrook.  MADE: J. Talbott; SECONDED: Marc Delmonico; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, J. Talbott, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0

        Respectfully Submitted,
        
        Joanne Kegel
        Recording Clerk