REGULAR MEETING MINUTES
Tuesday, March 2, 2015 – 7:00 P.M.
Town Hall, 302 Main Street
1st floor conference room
I. CALL TO ORDER
Chairman Friedmann called the meeting to order at 7:00 p.m.
II. ROLL CALL
Attendant Members
Robert Friedmann, Chairman
Geraldine Lewis, Secretary
Marc Delmonico, Regular Member
J. Colin Heffernan, Regular Member
John Talbott, Alternate Member (seated for M. Fish)
Deborah Warren, Alternate Member
Absent Members
Madeleine Fish, Vice Chairman
Attendant Staff
Christina M. Costa, Zoning Enforcement Officer
Matthew Willis, Town Counsel
Kathleen Noyes, Recording Clerk
There were approximately 20 members of the public present.
III. REGULAR BUSINESS
A. MINUTES
There was no new correspondence.
IV. NEW BUSINESS
- “Tractor Supply” Discussion: Screening of Rooftop Mechanicals
401 Middlesex Turnpike (Map 52 / Lot 96)
Gateway Business B-4 District, Aquifer Protection Area
Owner: Amigos, III, LLC; Agents: Mark D’Addabbo & Jim Cassidy, P.E.
J. Cassidy, P.E. presented for the applicant. There is a rooftop unit on the easterly side of the building which is visible when driving south on Middlesex Turnpike.
J. Cassidy suggested this could be remedied by building a 4-foot high berm with 6 evergreen trees (Frasier and white firs) which will draw the eye away from the rooftop unit. Eventually the trees will grow and screen the unit.
Commissioners felt this would remedy the situation as long as the drainage is not adversely affected since the plantings will be in the area of the storm water management system. J. Cassidy said the drainage system will not be adversely affected.
Motion to approve the minor modification to the Special Exception for the alternative to rooftop screening for rooftop mechanicals for “Tractor Supply” Discussion: Screening of Rooftop Mechanicals; 401 Middlesex Turnpike (Map 52 / Lot 96) Gateway Business B-4 District, Aquifer Protection Area; Owner: Amigos III, LLC; Agents: Mark D’Daddabbo & Jim Cassidy, P.E. The Commission grants the Zoning Enforcement Officer permission to handle this matter administratively. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Delmonico, J.C. Heffernan & G. Lewis. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
- “Mystic Market” Discussion of Proposed New Location
70 Mill Rock Road East (Map 42 / Lot 4)
Industrial I District
Owner: Patricia Brink; Agent: David Griswold
R. Friedmann explained that the former occupant of this building was Pat’s Kountry Kitchen. Because this is an Industrial I District, there was discussion about whether or not this would be a use for use situation. If Mystic Market is the same use, it would not trigger a Special Exception under the Zoning Regulations.
D. Griswold presented for the applicant. He said the parking lot will not be extended in any way. There will be fewer indoor seats than there were in Pat’s Kountry Kitchen. There will not be table service. Much of the food will be high quality, prepared to go meals, sandwiches, soups and salads.
There are currently 65 parking spaces for customers, and there are more spaces in the back of the restaurant designated for employee use.
There was discussion about outdoor seating. One fourth of the total number of seats can be outdoors. If the number of indoor seats is increased, the number of required parking spaces must increase as well.
R. Friedmann asked to see where the outdoor seats will be placed. He said when it is time for outdoor seating; the Zoning Commission will need to see a drawing of the outdoor seating plan. If there are 49 seats inside the restaurant, there can be 16 outdoor seats. There would be 17 parking spaces required for the 49 indoor seats. The number of parking spaces is adequate for this use.
If the retail use of the restaurant is an accessory and subordinate use to the restaurant concept space, then it could be permitted in the Industrial I District per the Zoning Regulations.
The gross floor area is everything under the roof that’s enclosed in the building.
The allocation of use according to the floor plan can be accommodated with the parking. It appears this could be considered a replacement for Pat’s Kountry Kitchen in the I Zone as use for use.
C. Costa asked the applicant if he is planning to make façade and landscaping changes. He said he is. She told the applicant that if the exterior of the building and signs are being replaced, he will have to apply for a Design Review Application with the Architectural Review Board.
R. Friedmann said the applicant should provide an A-2 Survey and As Built.
Outdoor seating is not being approved at this time because that requires a separate application.
Motion to allow the Zoning Enforcement Officer to handle the permitting of “Mystic Market” 70 Mill Rock Road East (Map 42 / Lot 4) Industrial I District; Owner: Patricia Brink; Agent: David Griswold as a Special Exception Use to a Special Exception Use with the understanding that the applicant must provide an As-Built Survey to A-2 Standards for property including the buildings, striped parking and landscaping when complete. The Applicant will provide floor plans to the ZEO and any façade renovations, landscaping and lighting changes will be reviewed by the Architectural Review Board prior to the commencement of construction. MADE: R. Friedmann. SECONDED: M. Delmonico. VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Delmonico, J. Heffernan & G. Lewis. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
- “Appleby Holdings, LLC” Request for determination that up to seven boats may be docked at a legally non-conforming residential dock.
Mott Avenue (Map 14 / Lot 6)
Residence A District, Coastal Management Area
Owner: Appleby Holdings; Agent: Edward M. Cassella, Esquire
Attorney Cassella presented. He distributed an aerial map to Commissioners.
The applicant is requesting confirmation of the non- conforming status of the dock and the number of boats that can be stored there. This dock was built in the 1970’s without permits. DEEP permits and Army Corps of Engineer Permits were obtained in 1979. There are no open complaints at this time with any outside agencies.
The DEEP and the Army Corps of Engineers approved the repair of the dock structure in 2014.
Attorney Cassella explained that the zoning issue at hand is that in 1986, the OS Zoning Regulations were revised to say that an accessory dock in a residential property can only house 2 boats. This 72 foot dock can house 7 boats as well as kayaks. This is a non –conforming use. The dock pre-dates 1986.
The dock pilings are still there, and they are part of the permitted dock as shown in the photo.
The current applicable zoning regulation for this matter is Zoning Regulation 53, under Accessory Use.
The Zoning Commission does not have jurisdiction of the permits to date and the number of boats specified. The evidence provided shows that the dock can accommodate more than 2 boats.
Attorney Willis said the Zoning Commission can specify that the dock can be used as it has been used. The Zoning Commission cannot regulate the number of boats or watercraft that can be stored. They can regulate the land use portion of the dock.
The land area of the dock is not paved. There is an approved utility shed there. In the upland area, there is an area delineated for parking. The Zoning Commission can regulate the parking area.
A residential property constitutes land with a house on it. This dock is located in a residential zone. There is not a house present on this property, just a dock.
This is a matter of parking for a non- residential lot in a residential neighborhood.
A ZBA Approved Map dated 3/6/2014 was submitted for the record.
R. Friedmann said it is not in the best interest of the residential neighborhood to allow marina parking. He would like to limit the parking to protect the neighbors from marina activity.
Jackie Appleby of Appleby Holdings spoke. She gave a history of the property. The parking area can hold close to 10 cars.
Commissioners asked the applicant to come back with a parking plan.
Charles Appleby, Jr. asked for clarification of the number of watercraft that can be stored at the dock.
R. Friedmann said he would like 7 watercraft to be the maximum number of boats/jet skis/ski doos, etc., that can be stored at the dock.
Greg Gondek, 16 Pelton Avenue, distributed photos of the dock to Commissioners. He spoke in opposition of the dock.
Motion to continue “Appleby Holdings, LLC” Request for determination that up to seven boats may be docked at a legally non-conforming residential dock., Mott Avenue (Map 14 / Lot 6) Residence A District, Coastal Management Area; Owner: Appleby Holdings, LLC; Agent: Edward M. Cassella, Esquire. The applicant has been asked to present a parking plan at the next regular meeting of the Zoning Commission on Monday, 3/16/2015, Town Hall, 302 Main Street, 1st Floor Conference Room.MADE: R. Friedmann. SECONDED: J. C. Heffernan. VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Delmonico, J. C. Heffernan & J. Talbott. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
- “Appleby Holdings, LLC” Application for Coastal Site Plan Review (CSP) or determination that CSP Application is not required for beach sand/vegetation replenishment.
Vincent Avenue (Map 14 / Lot 7)
Residence A District, Coastal Management Area
Owner: Appleby Holdings; Agent: Edward M. Cassella, Esquire
E. Cassella and Jim Cohen from Environmental Planning Services presented for the applicant.
At tonight’s meeting, Commissioners received the following: 2 letters to the Zoning Commission from Alan Horton of 18 Pelton Avenue, and a letter from Marci Balint from the CT DEEP and Office of Long Island Sound Programs dated 2/17/2015.
E. Cassella explained that the Appleby’s own properties on the eastern side of Oyster River and Indiantown. E. Cassella distributed maps of the properties to Commissioners. The Appleby Beach is on the easterly side of the map.
The wetlands and uplands have been clearly marked by Richard Snarski, Soil Scientist.
There is an aerial view of the property from 1980. This area used to be a very sandy location. There has been an upland component to the site historically.
In 1996, the beach next door built a stone wall which has affected the amount of sand on the Appleby’s beach. Over time, the amount of sand on the dune has changed. There is less sand than there used to be. The beach replenishment is not for construction. It is landward of the coastal jurisdiction line.
The Appleby’s hired Jane Stahl who was formerly employed by DEEP to work with them.
The applicant is requesting that the Commission determine that the placement of sand in this location is exempt from Coastal Site Plan Review. There is an exemption for the placement of sand on a beach. The applicant is also requesting permission to add additional sand to the beach when necessary and to add vegetation that is consistent with the vegetation surrounding this location.
J. Cohen, Environmental Consultant on behalf of Appleby Holdings, LLC. spoke. He reviewed R. Snarski’s findings which delineated the wetlands in 2013 before sand was placed. He also reviewed his colleague, Mr. Klein’s Conservation Plan with Commissioners. He said the activities are all conservation activities.
J. Cohen reviewed the soil testing with the map prepared by Environmental Planning Services on 2/20/2015. Commissioners received a copy of this map at tonight’s meeting.
There are tidal wetlands present, a beach dune and a flood hazard zone. All activity is outside of the tidal wetland.
On the plan, there is a 6 foot rope and post path people can use to travel across the beach.
Dune plantings are being proposed on the north side of the dune. The plantings will be dense. The sand is 11” higher than where it was before.
R. Friedmann expressed concerns that in time, the added sand will cross the coastal jurisdiction line.
Under 99 cubic yards, above the coastal jurisdiction line, the application is not required to have a permit pursuant to the Zoning regulations. The Commission advised that if any activities are below the Coastal Jurisdiction that DEEP would regulate that activity, not the Zoning Commission.
J. Cohen said the Appleby’s do not plan to bring sand in on an annual basis.
The applicant would like to put it in 54 cubic yards of sand this year, and in the future will notify the Zoning Enforcement Officer if additional sand (less than 99 cubic yards) is going to be placed on the property within a calendar year.
Greg Gondek, 16 Pelton Avenue, spoke in opposition of this activity. He said in 1979, this whole area was wetlands, and fill was not allowed. He has concerns that the plantings and stones have been removed, and the area was filled illegally.
There was discussion about previous violations on this property from the late 1970’s and in whose jurisdiction those violations fall under.
Charles Cobb, Whitney Avenue, spoke. He asked about the survivability of the beach grasses with the additional sand. Also, he expressed concerns about mitigating the potential impacts of this activity on the Oyster River.
Francine Kindle from the Saybrook Manor Association spoke. She spoke neither in support of nor in opposition of the proposed activity.
Thus far, 3 dump trucks carrying 18-cubic yards each, have delivered sand to the beach. Mrs. Appleby has all of the receipts with the amounts of sand delivered and delivery dates.
R. Friedmann stated that there is nothing tonight in the record to indicate that the applicant is doing anything in violation landward of the coastal jurisdiction line. The applicant cannot deposit more than 99 cubic yards of sand in any calendar year. The applicant can proceed with the plans they have proposed. The applicant will plant the plantings as the season allows. Robert Friedmann felt that there is no zoning permit needed for this activity. This activity is exempt from CSP Review since it is a conservation activity under Section 59.2.2 of the regulations.
Commissioners agreed that the applicant does not need to file a Coastal Site Plan. Additionally, they are not depositing more than 99 cubic yards of sand landward in the coastal jurisdiction area.
The applicant agreed to report to the Zoning Enforcement Officer any time that Appleby Holdings proposes to place sand on the property. They will advise how much sand is being deposited, where the sand is being deposited and provide confirmation that no fill is being placed in a wetland or within the coastal jurisdiction line.
Motion to make a determination in the matter of “Appleby Holdings, LLC” Application for Coastal Site Plan Review (CSP) or determination that CSP Application is not required for beach sand/vegetation replenishment. Vincent Avenue (Map 14 / Lot 7) Residence A District, Coastal Management Area; Owner: Appleby Holdings, LLC; Agent: Edward M. Cassella, Esquire. that the placement of sand as proposed (less than 99 cubic yards in a calendar year) does not require a Coastal Site Plan Review under Zoning Regulation 59.2.2. The dune plantings are for conservation purposes only, and there is a limited deposition of sand as described. In addition, the applicant will present to the ZEO any future plans for deposition of sand prior to the commencement of the activity demonstrating the amount of sand,
location of the sand and that the sand is not proposed below the Coastal Jurisdiction Line. All of the applicant’s actions and proposals support that this activity is for conservation purposes. The applicant is also exempt from any Zoning Permits under Section 65.2.2 Excavation and Grading. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Delmonico, J. C. Heffernan & G. Lewis. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
- “Community Water Systems” Discussion of Attorney Mark Branse’s letter dated 2/12/2015 and if the Commission should amend problematic text identified in the Zoning Regulations.
The Commission reviewed Attorney Branse’s letter and directed the ZEO to work with Attorney Branse on draft text at some point in the future.
V. PUBLIC HEARING
- “Eastpointe” Incentive Housing Development – 186 Units (10.78 ac.)
Application for Site Plan Review
7 North Main Street (Map 40 / Lots 5 & 6-1 and Map 39 / Lot 9)
Shopping Center Business B-2 District, Pedestrian Node, Incentive Housing IH Zone (Multi-Family MF Subzone)
Applicant: Eastpointe, LLC, Contract Purchaser; Agent: Edward M. Cassella, Esquire
Attorney Cassella explained that the concerns and suggestions from the Zoning Commission, Town Staff and Boards and Commissions regarding the previous Eastpointe application had been addressed in this new application.
The Fire Marshal had requested flow data which has been provided for the record.
Two of every 10 units must be incentive housing units.
The open space associated with this development is divided into 2 portions. The perimeter areas which are the buffer areas around the development will not be developed now or in the future. Any future development of these areas will be restricted. Those 1.4 acres reduce the developable area of the property to 9.3 acres which will reduce the minimum density. The second area of open space is made up of the courtyard area and dog park area for a total of 1.38 acres. This does not include any of the hardscape areas. There is no playscape proposed as part of this application. The open space areas will not be open to the public.
The turnoff for fire trucks has been reconfigured. Public Safety Officials have all been consulted.
Bill Finger spoke about the changes that have been made to the site plan. The main access point has been feathered out to allow ingress and egress without crossing the double center line on North Main Street. Parking has been added to the northern part of the property.
A survey was done of all of the trees in the plan. There were changes made to accommodate bicycle storage. Charging stations have been added. All items listed in the denial of the site plan have been addressed.
Bruce Reinheimer of BHR Landscape Architecture spoke about changes made to the landscaping. He talked about existing trees that will be saved, specifically the trees bordering the cemetery. About 78 trees in that area can be saved. These trees have been labeled and numbered. The application exceeds the 12 trees per acre regulation. There are 286 trees proposed.
The Fire Marshal had concerns about access for ladders. To remedy this problem, the plans have been changed to pull trees away from the building. Also, the trees in the islands near the buildings have been changed to a smaller growing species to better accommodate the ladders.
Scott Hasketh, P.E. presented traffic information. Traffic counts were taken. The development will only add minor delays to the current traffic conditions. No improvements are being submitted as part of this application. There were minor modifications made to allow emergency vehicles to enter and exit the main site driveway without crossing the double yellow center line on North Main Street.
Illustrations depicting the signs, garbage receptacles and the entry monument were shown.
Attorney Cassella said the fill will not exceed a certain height which will keep the height of the clubhouse and garages down.
Changes have been made to limit the height of the light poles to 14’ maximum.
C. Costa read referral responses into the record. Requests for referral responses were sent on 1/20/15.
Commissioners asked that Michael Galante, Town Consulting Traffic Engineer, be present at the next Zoning Commission meeting.
Motion to continue “Eastpointe” Incentive Housing Development – 186 Units (10.78 ac.) Application for Site Plan Review; 7 North Main Street (Map 40 / Lots 5 & 6-1 and Map 39 / Lot 9) Shopping Center Business B-2 District, Pedestrian Node, Incentive Housing IH Zone (Multi-Family MF Subzone) Applicant: Eastpointe, LLC, Contract Purchaser; Agent: Edward M. Cassella, Esquire until the next regularly scheduled meeting of the Zoning Commission which is Monday, March 16, 2015, 7:00 p.m., Town Hall, 302 Main Street, 1st Floor Conference Room. MADE: J. Talbott. SECONDED: J. C. Heffernan. VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Delmonico, J. C. Heffernan & J. Talbott. ABSTAINING: OPPOSED: None. APPROVED: 5-0-0.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
There were no new Committee, Representative or Staff Reports.
VII. ADJOURNMENT
Motion to adjourn the meeting at 10:48 p.m. to the next regularly scheduled meeting of the Zoning Commission on Monday, March 16, 2015 at 7:00 p.m. at the Town Hall 1st Floor Conference Room, 301 Main Street, Old Saybrook. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, J. Talbott, M. Delmonico, J.C. Heffernan & G. Lewis. ABSTAINING: OPPOSED: None. APPROVED: 5-0-0.
Respectfully Submitted,
Kathleen Noyes
Recording Clerk
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