REGULAR MEETING MINUTES
Monday, November 3, 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 7:00 p.m.
II. ROLL CALL
Members Present: Members Absent:
Robert Friedmann John Talbot
Madeleine Fish
Geraldine Lewis
J. Colin Heffernan, seated for John Talbott
Deborah Warren
Marc Delmonico
Staff Present:
Christina Costa, Zoning Enforcement Officer
Joanne Kegel. Recording Clerk
18 members of the public were present.
III. REGULAR BUSINESS
The Commission reviewed the meeting minutes of August 18, 2014.
MOTION: To approve the regular meeting minutes of October 20, 2014 as presented. MADE: G. Lewis; SECONDED: M. Fish; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
None
IV. PUBLIC HEARINGS
- Petition for Zoning Map Amendment to change 688 Boston Post Road (Map 37/Lot 54) and 1,766 s.f. of the westerly portion of 33 Main Street (Map 37/Lot 48) from Central Business B-1 District to Shopping Center B-2 District
Owners: John Strougo (688 Boston Post Road) & Old Buckingham Place Owners Association, Inc. (33 Main Street) Applicant/Contract Purchaser: Cantina Hospitality, LLC, Agent: Attorney John Bennet
- Petition to Amend the Old Saybrook Zoning Regulations by Amending Section 32.2.4 to permit service to customers at a service counter or in a motor vehicle at a take-out window in the Business B-2 District; to Amend Section 62.4.6 (f)(1) Fast Food Restaurant Parking from 1 space per every 50 s.f. of gross floor area to 1 ½ spaces for every 50 s.f. of gross floor area of the dining room; and to Amend Section 62.4.6(f)(2) to eliminate the minimum of 10 spaces for each take-out/drive through service window. Applicant: Cantina Hospitality, LLC Agent: Attorney John Bennet
The Chairman opened the public hearings for both petitions for 688 Boston Post Road for Zone change and for amendments to Zoning Regulations text.
Attorney John Bennet presented the petitions for 688 Boston Post Road, the site of the former Pizza Hut Restaurant, which include first a suggested zone change from a B-1 to a B-2 Zone. He explained that other parcels adjacent to it to the North and across Route 1 are in the B-2 Zone and that the suggested zone change is appropriate for the subject parcel. Included in the change is a small parcel of approximately 1500 sq. ft. at 33 Main Street, being acquired from Old Buckingham Place Owners Association, Inc. It is a parcel that is thought to be needed for the applicant’s purposes for the property, which is a proposed Taco Bell Restaurant.
Mr. Bennet advised that the zone change would create no non-conformities and the applicant is submitting an Application for Certificate of Zoning Compliance with respect to the change for the Old Buckingham Place property.
The second petition for Amendments to the Zoning Regulations include a change to the permitted uses in the B-2 Zone with respect to restaurants, allowing for motor vehicle takeout windows, and amendments to the parking requirements under Section 62 of the Zoning Regulations with respect to fast food restaurants and restaurants with takeout windows.
The discussion with the Commission included recalculation of parking spaces based on dining area instead of gross sq. ft. and dropping the requirement for 10 additional spaces for a takeout window. Mr. Bennet presented a parking proposal to include 23 spaces including handicap spaces plus 7 for a drive up window. The Commission expressed concerns about traffic volumes and Mr. Bennet explained that the Old Saybrook parking requirements are higher than other Taco Bell’s that are in higher traffic volume areas, as presented in a traffic report from traffic engineers KWH Enterprise, LLC.
Attorney Mark Branse asked if Taco Bell is a Fast Food restaurant. Mr. Bennet conceded that Taco Bell will probably be considered a “Fast Food” restaurant and is proposing more parking than industry standards. Jim Rooney, Vice President of Operations, stated that there would be 42 seats.
Chairman Friedmann noted that all Zone B-2 parcels would have the same rules and that the B-2 property would conversely give up some aspects of the B-1 Zone. He noted that parking requirements by regulation are ample as to allow for other future uses of properties.
Referral responses received were discussed and include:
1. Regional Health District: The applicant has received clearance
2. Old Saybrook Planning Commission-recommends approval and finds the matter to be consistent with the Town Plan of Conservation and Development.
3. CT DEEP OLISP, Marcy Balint: finds the proposed amendments generally consistent with the goals and policies of the CT. Coastal Management Act (CCMA)
4. Old Saybrook Economic Development Commission: Unanimously voted in favor of supporting both petitions for the zoning map amendment and to amend the Old Saybrook Zoning Regulations.
5. Branse and Willis, LLC: Attorney Mark Branse finds the proposals generally consistent and includes comments in his letter of October 29, 2014, but leaves the decision to the Zoning Commission.
Other Referrals were sent to COG and to the CT. River Gateway Commission. No replies were received. Chairman Friedman asked if the Commission is obligated to have the Gateway Commission comment, and Caleb Hamel from Branse & Willis LLC responded yes, since there are B-2 Zones are in the Gateway. ZEO Chris Costa offered to make a phone call to J.H. Torrance Downes of the Gateway Commission to make sure he was aware of the changes from the Gateway perspective and for his input. Attorney Branse agreed and the Commission motioned to table further discussion until later in this meeting after conversing with Mr. Downes at 8:00 p.m.
MOTION: To table the public hearing discussion of the petitions from Cantina Hospitality LLC regarding Zone change, changes to permitted uses in the B-2 Zone and amendments to the parking requirements under section 62 of the Zoning regulations and resume discussion after a phone call to Torrance Downes of the CT. River Gateway Commission. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Fish, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
The Commission and the applicant agreed that the public hearing for “Eastpointe” Incentive Housing Development would begin, and would be halted when the discussion for Cantina Hospitality LLC could resume. Vice Chairman Madge Fish recused herself from the discussion for “Eastpointe” and left the meeting at 8:00 p.m. Deborah Warren was seated for Madge Fish for the remainder of the meeting.
Discussion for the 688 Boston Post Road petitions resumed at 8:15 p.m.
Attorney Mark Branse concluded that no zoning amendment can be changed in the Gateway without the Gateway Commission’s approval.
Hillary Curtis of Old Saybrook asked how many properties would be affected and if it would open up many other restaurants in the B-2 Zone to obtaining takeout windows. Chairman Friedmann explained that the changes would impact all B-2 properties but that other properties in the B-2 zone would have to apply for a modification to a special exception permit through due process for a takeout window and would be considered on a case by case basis.
The Commission motioned to continue the public hearing for Cantina Hospitality, LLC to allow for time for a response from the CT Gateway Commission and for further review.
MOTION: To continue the public hearing for the Petition for Zoning Map Amendment to change 688 Boston Post Road (Map 37/Lot 54) and 1,766 s.f. of the westerly portion of 33 Main Street (Map 37/Lot 48) from Central Business B-1 District to Shopping Center B-2 District. Owners: John Strougo (688 Boston Post Road) & Old Buckingham Place Owners Association, Inc. (33 Main Street) Applicant/Contract Purchaser: Cantina Hospitality, LLC Agent: Attorney John Bennet, AND the Petition to Amend the Old Saybrook Zoning Regulations by Amending Section 32.2.4 to permit service to customers at a service counter or in a motor vehicle at a take-out window in the Business B-2 District; to Amend Section 62.4.6 (f)(1) Fast Food Restaurant Parking from 1
space per every 50 s.f. of gross floor area to 1 ½ spaces for every 50 s.f. of gross floor area of the dining room; and to Amend Section 62.4.6(f)(2) to eliminate the minimum of 10 spaces for each take-out/drive through service window. Applicant: Cantina Hospitality, LLC, Agent: Attorney John Bennet, to the next regular meeting of the Zoning Commission on Monday November 17, 2014, 7:00 p.m., Town Hall, 302 Main Street, 1st Floor Conference room. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, D. Warren, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
V. CONTINUED PUBLIC HEARINGS
- “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
Chairman Friedmann opened the Public Hearing for Eastpointe Incentive Housing Development.
Present were Attorneys Caleb Hamel, Eliza Heins and Mark Branse of Branse & Willis, LLC, Atty. Edward Cassella as Agent, Mr. Michael Galante of Frederick P. Clark Associates, Inc, Bruce Reinheimer, Landscape Architect with BHR Landscape Architecture of Fairfield CT, Stuart Fairbank, Engineer for Angus McDonald Gary Sharpe and Associates, Inc., Scott Hesketh , Traffic Engineer of F.A. Hesketh and Assoc., Inc, Old Saybrook Fire Chief John Dunn.
Attorney Cassella opened the discussion and stated that many revisions and edited plans have been submitted to the Zoning Commission since the first public hearing on September 2, 2014. He discussed, minimum density requirements to meet site plan approval, and design standards.
Attorney Cassella agreed to table discussion of Eastpointe upon resuming of the public hearing for 688 Boston Post Road at 8:15 p.m. The commission made a motion to table the Eastpointe discussion temporarily until the end of the discussion of 688 Boston Post Road public hearing preceding the Eastpointe public hearing.
MOTION: To table the public hearing discussion of “Eastpointe” Incentive Housing Development – 186 units (10.78 ac.) until the end of the discussion in the prior public hearing for the petitions for 688 Boston Post Road. . MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, D. Warren, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
The Public Hearing for Eastpointe was reopened after discussion in the public hearing for 688 Boston Post Road had concluded.
The Fire Marshal’s Basic Life Safety Plan Review was discussed and the Commission pointed out that the water fire load data must be addressed. Fire Chief John Dunn stated that he was satisfied with fire access as a whole but was concerned with the trees in front of the buildings impeding large fire apparatus and requested trees in the plan be no more than 20 ft. at mature height. Chairman Friedmann was concerned about how to regulate that. Attorney Cassella stated that the trees will be spaced far enough from the buildings to allow fire truck access. Bruce Reinheimer assured the commission that the landscaping would leave ample spaces for safety.
Scott Hesketh discussed exit lanes wide enough for the largest fire truck and Chief Dunn agreed that they are ample. Mr Hesketh also stated that the trees will be above fire truck road access. Stuart Fairbanks noted that the new maps address updated emergency access.
Mike Galante discussed the main access drive and the pedestrian access, and stated that they would be integrating pedestrian access with the DOT improvements on North Main Street for the train station.
The commission discussed concerns with the width of the driveway, signalization at the intersection of North Main and Route 1, accommodation of large moving trucks and increased pedestrian crossing at the intersection. Stuart Fairbank responded to the concerns of the Commission.
Attorney Cassella addressed Open Space and Developable Land and concerns by Branse & Willis, LLC in its letter of October 31, 2014 regarding 2 agreements, the Open Space Recreation Agreement and the Enforceable Restriction on Development Agreement. Attorney Cassella and the Commission clarified what would be defined as open space and developable land.
Chairman Friedmann asked about existing wooded areas and asked for the plans to show a line of preservation of trees to be retained on the cemetery side of the property and some of the North Main Street properties. Bruce Reinheimer explained that a line cannot be drawn and that as many trees as possible along the cemetery property would be retained. Stuart Fairbank explained that because of the grading plan, no other areas of vegetation are guaranteed to be preserved. Sidewalk areas were defined as green areas or non-pervious landscaping.
Attorney Branse expressed that a sign must be part of the application and not after the fact and the applicant needs to submit the completed design as part of the plan to the Commission.
The Commission requested further description of non-permanent trash barrels, building design, garage facades and building materials. Brian Robik from Eastpointe, LLC displayed sample building materials. Surface parking vs. reserved parking and parking for guests were discussed.
ZEO Chris Costa read into the record an e-mail received from Eleanor LaPlace of 4 Fourth Avenue, who was not present at the meeting, in which Ms. LaPlace expressed her opposition to the Eastpointe development because of quality of life, level of noise from the Railroad Station, safety issues with moving furniture and emergency personnel, intersection safety, the dog path and types of dogs allowed and emergency vehicle access, as well as adequate parking for guests and visitors. The Commission acknowledged her concerns, many of which had been addressed at this meeting, and assures her that all of her concerns are well taken and considered.
There was no other public discussion.
Chairman Friedmann reiterated that additional information is required from the applicant regarding the following:
1.) The line of trees along the cemetery
2.) The complete sign design meeting the requirements
3.) As-builts of underground utilities
4.) Fire department requirements of trees less than 20 ft.
5.) The type of signalization and crosswalk at the Route 1 and North Main Street intersection, to be suggested by the Zoning Commission.
A Motion was made to close the public hearing and continue deliberation.
MOTION: To close 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)
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., and to schedule a special meeting of the Old Saybrook Zoning Commission for deliberation of the application of “Eastpointe” Incentive Housing Development to be held on Wednesday, November 12, 2014 at the Saybrook Point Pavilion at 150 College Street, Old Saybrook at 7:00 p.m. MADE: G. Lewis; SECONDED: M. Delmonico; VOTING IN FAVOR: R. Friedmann, G. Lewis, D. Warren, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
VI. NEW BUSINESS
The Commission reviewed the new 2015 Schedule of Meeting Dates for the Old Saybrook Zoning Commission for 2015 with no discussion.
MOTION: To adopt the 2015 Schedule of Meeting Dates for the Old Saybrook Zoning Commission for 2015. MADE: D. Warren; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, D. Warren, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
VII. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
1. The Driver Education Station Driving School is intending to conduct a Driver’s education classroom for the Eight Hour Safe-Driving Practices Classroom course in the Conference room
at the Comfort Café at 90 Essex Road. The DMV requires that the school have zoning approval for the intended use at the location. The school is requesting zoning approval. The Commission
agreed that they need more information on the intended use of the facility by the school and that they should be invited in to meet with the Zoning Commission at a regularly scheduled meeting.
2. ZEO Chris Costa received a request from the prospective owner of the property at 30 Elm Street to determine if he needs a modification to a special exception use for renovations and additions including removal of a covered entry/former carport and build a stairway addition and front porch. The Commission determined that the new owner will have to apply for a modification to a special exception in Pedestrian Node.
3. Max’s Place LLC, Spencer Plains Road and Route 1: ZEO Chris Costa received a letter from Attorney David Royston, agent for Max’s Place, requesting extension of the completion date for signalization to complete delayed off-site improvement work on the Boston Post Road in the area of Center Road and Chalker Beach Road. The work involves relocation of poles for signalization, a bypass lane at Center Road, relocation of CT Water Company water main due to bridge widening, bypass lanes on Boston Post Road. The request is to extend the completion date for traffic signalization at the Boston Post Road-Center-Road-Chalker Beach Road intersections from November 1, 2014 to December 15, 2014.
MOTION: To grant a Minor Modification to SPEX Permit #07-061 for Max’s Place, LLC, Spencer Plains Road and Route 1, to extend the completion date for traffic signalization at the Boston Post Road-Center-Road-Chalker Beach Road intersections from November 1, 2014 to December 16, 2014. MADE: R. Friedmann; SECONDED: G. Lewis; VOTING IN FAVOR: R. Friedmann, G. Lewis, D. Warren, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
4. Max’s Place, LLC, Spencer Plains Road and Route 1: ZEO Chris Costa received a letter from Attorney David Royston, agent for Max’s Place, stating that Max’s Place wishes to provide a location for a Transit District bus stop in an appropriate area south of the Big Y Grocery Store. Max’s Place, LLC is requesting a minor modification to a special exception to convert up to 6 parking spaces into reserve parking spaces until the reserve spaces are required to be developed.
MOTION: To grant a Minor Modification to SPEX Permit #07-061 for Max’s Place, LLC, Spencer Plains Road and Route 1, to convert up to 6 parking spaces into reserve parking spaces to provide a location for a Transit District bus stop in an appropriate area with one condition that they demonstrate to the Zoning Officer that they will create the 6 reserve spaces elsewhere in the parking lot. MADE: R. Friedmann; SECONDED: C. Heffernan; VOTING IN FAVOR: R. Friedmann, G. Lewis, D. Warren, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
VIII. ADJOURNMENT
MOTION: To adjourn the meeting at 10:55 p.m. until the next special meeting on Wednesday, November 12, 2014 at 7:00 p.m. to be held at the Saybrook Point Pavilion at 150 College Street, Old Saybrook. MADE: G. Lewis; SECONDED: C. Heffernan; VOTING IN FAVOR: R. Friedmann, G. Lewis, D. Warren, C. Heffernan, M. Delmonico; ABSTAINED: None; OPPOSED: None. APPROVED: 5-0-0
Respectfully,
Joanne Kegel
Recording Clerk
| 
