REGULAR MEETING MINUTES
Tuesday, March 16, 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 7:03 p.m.
II. ROLL CALL
Attendant Members
Robert Friedmann, Chairman
Madeleine Fish, Vice Chairman
Geraldine Lewis, Secretary
Marc Delmonico, Regular Member
J. Colin Heffernan, Regular Member
John Talbott, Alternate Member
Deborah Warren, Alternate Member
Attendant Staff
Matthew Willis, Town Counsel
Kathleen Noyes, Recording Clerk
There were approximately 17 people in the audience.
III. REGULAR BUSINESS
A. MINUTES
Invoices were received from Branse & Willis, LLC for legal services.
B. CORRESPONDENCE
Invoices # 37602 for $851.00 and invoice #37605 for $999.00 were received from Branse & Willis, LLC.
Motion to pay Branse & Willis, LLC invoices #37602 for $851.00 and #37605 for $999.00 for a total of $1,850.00. MADE: G. Lewis. SECONDED: M. Delmonico. VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Delmonico, J. C. Heffernan & M. Fish. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
Invoice # 81036 for $854.47 was received from Nathan L. Jacobson & Associates, Inc.
Motion to pay Nathan L. Jacobson & Associates, Inc. invoice #81036 for $854.47. MADE: G. Lewis. SECONDED: R. Friedmann. VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Delmonico, J. C. Heffernan & M. Fish. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
IV. OLD BUSINESS
- “Eastpointe” Incentive Housing Development – 186 units (10.78 ac.)
(CONTINUED PUBLIC HEARING)
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, Esq.
M. Fish recused herself from voting on this application. D. Warren was seated to vote.
Attorney Edward Cassella stated that revisions to the plan were submitted based on comments from the Town Hall staff and from Michael Galante, Executive Vice President, Frederick P. Clark Associates, Inc., and Town Traffic Consultant.
E. Cassella discussed the Zoning Commission’s previous motion for denial of this application. He went through this denial point by point.
First he mentioned the caliper of the trees. The revisions to the trees have been made on the Landscape Plan.
Sheet L9 does not show reference to property boundary. R. Friedmann said it was more of a drawing than a plan. It does not clearly show which trees are being saved, each tree’s location, nor does it clearly label each tree. The location of each tree should be shown per the Zoning Regulations. The 3/6/2015 drawing does not clearly show the location of each tree. E. Cassella agreed that the 78 trees which will be preserved will be numbered on the quadrants.
The sign package has been provided to the Zoning Commission. There are two ground signs being proposed. R. Friedmann said per the Zoning Regulations, there should only be one ground sign.
Sheet 11 of 19 will have to show a sign in compliance in size with the Zoning Regulations. E. Cassella stated the engineer will fix this.
The rear walls of the buildings that face south towards the Walmart have been articulated with trellis treatment.
If a surface is not specifically shown as pavement or stone in the drawings, it will be a grass surface.
Two out of ten of the garages will be available for the incentive housing residents.
Storage will be provided for each unit. The storage now meets the Zoning Regulations. Dedicated bicycle storage has been created. This storage will be available for all tenants.
Access to the site for emergency vehicles has been revised. Michael Galante, Town Consulting Traffic Engineer and Executive Vice President of Frederick P. Clark Associates, Inc., and J. Jacobson Town Consulting Professional Engineer were consulted on these revisions.
M. Galante said the DOT will be working with Eastpointe as part of the approval process. The application will be considered “a traffic generator” because it is more than 100 units.
The applicant should mitigate the impact the development will have on traffic. M. Galante said that he is satisfied with the data and the traffic recommendations that have been made.
Both access points will be available to residents during the construction process. C. Heffernan asked about emergency vehicle access during the phasing process.
M. Galante responded by explaining that residential, emergency and construction traffic have all be planned for.
The Fire Marshal was given the required water flow data that he requested. The concerns of the Fire Department and The Fire Marshal have been addressed.
1.48 acres of land designated is going to be undevelopable to match the wording of the definitions in the Incentive Housing Zone Regulation. The open space/recreational area will be included in this undevelopable land.
Construction access is going to be right turn in, right turn out.
There will be no by-laws, but there are leasing restrictions.
Construction of the units is going to be a continuous process. As one building is completed, residents will be allowed to move in. Approximately six weeks later, the next building will be ready for occupancy. 20% of the affordable units will always be available during this construction phase.
During the construction phase, walkways to the DOT parking lot will be available to residents as will walkways to the Old Saybrook Shopping Center.
Concerns of the Architectural Review Board have been addressed regarding the fencing materials for the area around the cemetery and the building façade. The garage doors will have a more carriage like appearance. The center third of the 24 unit building will be PVC shingle. The Zoning Commission feels the ARB’s recommendations should be adopted.
The Cemetery Association asked that the stone wall be preserved as well as the wrought iron fence. The stone wall is on the dividing line between properties.
David Tiezzi, Chairman of the Upper Cemetery Association spoke about the fence. He said the Association suggested that a 6-foot chain link fence should be installed on the outside of the stone wall and extend all the way down to protect the cemetery.
A report dated 3/13/2015 was received from the Economic Development Commission unanimously recommending denial of the application as presented.
The WPCA said approval for this project would come from the DEEP not the local WPCA. The DEEP is in charge of wastewater for this development.
The Planning Commission submitted a report expressing concerns about trash containment. In response, E. Cassella stated that there will be a fenced, enclosed trash containment area. This area will be adequate for all 186 units. There will be a contract for trash pickup of 3 times per week, and if necessary, more than 3 times per week.
At this time, there is no plan to have a play area installed.
In J. Jacobson’s letter dated 2/26/15, he states that all of his concerns have been addressed.
R. Friedmann asked if anyone from the public wished to speak.
D. Tiezzi said he would recommend that a fence be installed to protect the cemetery stones. He would like to minimize the attractiveness of the cemetery to those who may damage the stones or get hurt in the area.
R. Friedmann suggested that if there was an approval, the applicant could work with the cemetery about fence installation as a condition of approval.
David Cole, 30 North Main Street, expressed concerns about the size of the development and the increased traffic.
M. Galante said this development will generate 90 to 120 trips during peak hour conditions. The peak hour will be midday. The additional DOT parking being created at the railroad station and the parking generated by this development were included as part of this traffic study.
The timing and staging of the traffic signals will be addressed by the DOT. That is not under the jurisdiction of the Zoning Commission.
Eleanor Laplace spoke about the long term sustainability of this development and the affect the development will have on the small town character of Old Saybrook.
Alan Horton of 18 Pelton Avenue spoke about phasing of the development.
Bob Nordis of Coulter Street spoke. He had concerns about the noise levels and subsequent renter turnover.
E. Cassella summarized potential conditions of approval in the following areas: trees, identification signs, garage doors more carriage like, revise middle portion of 24 unit building, work with cemetery association regarding fencing, construction access, provide phase 1 archaeological report, provide as built for all underground utilities, the affordability plan, recreational agreement and open space agreement be revised to meet standards of Old Saybrook Land Use Office.
R. Friedmann said that the most recent set of plans has been reviewed by Zoning Commissioners.
The details of the open space/recreation area will be subject to an easement in favor of the town. The open space amenities will be preserved and maintained as proposed.
The amenities of the proposal are for use of the residents only not for the town at large. Commissioners agree that the open space meets the intent of the Zoning Regulations.
Motion to close the Public Hearing for “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. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Delmonico, J. C. Heffernan & D. Warren. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
Commissioners asked Attorney Willis to draft resolutions for both approval and denial of this application for their review at their next regularly scheduled meeting of Monday, April 6, 2015, 7:00 p.m., Town Hall, 302 Main Street, 1st Floor Conference Room.
- “Appleby Holdings, LLC” (CONTINUED DISCUSSION)
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
M. Fish was not present at the 3/2/15 Zoning Commission meeting. Therefore, she asked to be recused from this matter. D. Warren was seated to vote.
Both Charles and Jackie Appleby from Appleby Holdings were present at tonight’s meeting.
E. Cassella presented for the applicant. He said the initial request of the applicant was to confirm the dock as non-conforming as it was built and as it remains today. It was fully permitted by the DEEP then and now as it stands.
Joe Wren, PE, created a parking plan for this property which E. Cassella submitted for the record. The sketch gives an idea of present conditions. The parking isn’t as clear cut as the dock layout is. The upland area has been used for parking. It is private property. The dock has housed 7 boats historically.
The Zoning Commission would be approving the continuation of non- conforming uses not the private parking lot. The owner determines who will park in the lot. None of this is a commercial activity. The boat slips cannot be rented, and the applicant cannot charge for parking.
The upland area use for the dock and the shed which were already there, are existing and non-conforming, and the parking can be used as the owner sees fit. The shed was permitted by the Zoning Board of Appeals. There can be no trailers parked there.
The dock can continue to be used for up to 7 boats. The Zoning Commission will not be counting parking spaces. The upland area can be used for parking. The area will not be paved.
The dock should be used to access the boats. The dock will not expand to become a dock house or a gazebo like structure.
Commissioners direct the Zoning Enforcement Officer to consider this a legally, pre-existing, non –conforming dock. The upland area can be used for the parking of vehicles per the conditions of the property owner.
Alan Horton of 18 Pelton Avenue shared concerns with Commissioners about limiting the number of boats allowed at the dock and limiting the number of cars allowed in the parking area for the safety of pedestrians walking near the parking area. He submitted a letter he wrote detailing his concerns.
Nancy Wilson of Middletown Avenue emphasized the Appleby’s are trying to improve the area.
Commissioners made the determination that this a legal, pre-existing, non-conforming dock providing access for up to 7 boats. The property in the upland area can be used for the parking of vehicles in the upland area of the property as described by the property.
V. NEW BUSINESS
- “Saybrook Point Marina, LLC” (PUBLIC HEARING)
Application for Modification of Special Exception/Coastal Site Plan #13-205 to expand porch, add decks and add cupola.
19 Bridge Street (Map 24 / Lot 54)
Saybrook Point SP-3 District, Gateway Zone, Coastal Area Management (CAM) Zone
Applicant: Saybrook Point Marina, LLC; Agent: Jonathan Turley & Thomas McDonald
M. Fish was seated at 9:25 p.m.
Steven Tagliatela from Saybrook Point Marina, LLC, and Agents Jonathan Turley and Thomas McDonald were all present.
T. McDonald stated Saybrook Point Inn is adding a deck at the first floor which is 44 s.f., pushing the stairs out approximately 12 s.f.
Also, they are requesting a variance for the elevator towers of 1 foot 6 inches above the allowed 35 foot height due to elevator manufacturing requirements.
This modification will not negatively impact the views from the CT River. Referrals were received from The Gateway Commission, Marcy Balint from the DEEP Office of Long Island Sound Programs, The Planning Commission and Torrance Downes from RiverCOG.
The Zoning Board of Appeals has approved the 1 foot 6 inch increase in height. It is not within the applicant’s control.
The cupola is an aesthetic feature. It is uninhabitable. The cupola is exempt from Zoning Regulations.
The domed roof on the bell tower is what is under the Zoning Commission’s purview. This is not more than 25% of the area of the roof. The part that’s over 35 feet as part of the elevator shaft has already been approved. The roof needs to be part of a cupola that’s over 35 feet in order to be approved by Zoning.
R. Friedmann asked if anyone from the public wished to speak either for or against the application. No one from the public wanted to speak, so he closed the Public Hearing.
Motion to close the Public Hearing for “Saybrook Point Marina, LLC” Modification of Special Exception/Coastal Site Plan #13-205 to expand porch, add decks and add cupola; 19 Bridge Street (Map 24/ Lot 54) Saybrook Point SP-3 District, Gateway Zone, Coastal Area Management (CAM) Zone; Applicant: Saybrook Point Marina, LLC; Agent: Jonathan Turley & Thomas McDonald. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Delmonico, J. C. Heffernan & M. Fish. ABSTAINING:
OPPOSED: None. APPROVED: 5-0-0.
Motion to approve “Saybrook Point Marina, LLC”Application for Modification of Special Exception/Coastal Site Plan #13-205 to add a cupola above the 35 foot height limits because as a cupola it is exempt and because the DEEP OSLISP and the CT River Gateway Commission find the modification to have no significant impact and because the application is consistent with all applicable coastal policies and makes all reasonable measures to avoid adverse impacts.; 19 Bridge Street (Map 24/ Lot 54) Saybrook Point SP-3 District, Gateway Zone, Coastal Area Management (CAM) Zone; Applicant: Saybrook Point Marina, LLC; Agent: Jonathan Turley & Thomas McDonald. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Delmonico, J. C.
Heffernan & M. Fish. ABSTAINING: OPPOSED: None. APPROVED: 5-0-0.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
“The Clubhouse 4U” – The ZEO referred a proposed new business to the Commission for guidance. The business is looking for an Old Saybrook location and provided a business plan to the ZEO. The Statement of Use is a nightclub with cover charge for entry. The entertainment would include music and a hookah lounge indoors. In a B-4 District, a hookah lounge would be allowed. In Section 53, no more than 2 amusements for a fee are permitted. The proponent mentions a pool table. A pool table counts as one amusement as does the cover charge. The arcade would count as a third amusement. The Zoning Officer would have to clarify with the applicant that there are only 2 amusements allowed for a fee. Also, the noise would need to stop at 10:00 p.m. because the proposed location would be next to a Residential A
District. If food and beverages are served, it becomes a restaurant usage. Commissioners would like to invite the applicant in for a discussion.
Miller’s Crossing, 1358 Boston Post Road (Map 29, Lot 7) – Request from Dr. Ricardo Morant dated 3/11/15 requesting an extension of his SPEX permit which was granted on April 3, 2012 and expires on April 15, 2015.
Motion to grant a one year extension to Dr. Ricardo Morant for Special Exception Permit #011-14 as modified on 4/3/12 for 1358 Boston Post Road. (Map 29/ Lot 7). MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Delmonico, J. C. Heffernan & M. Fish. ABSTAINING: OPPOSED: None. APPROVED: 5-0-0.
VII. ADJOURNMENT
Motion to adjourn the meeting at 10:00 p.m. to the next regularly scheduled meeting of the Zoning Commission on Monday, April 6, 2015 at 7:00 p.m. at the Town Hall 1st Floor Conference Room, 301 Main Street, Old Saybrook. MADE: G. Lewis . SECONDED: M. Delmonico. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, J.C. Heffernan & G. Lewis. ABSTAINING: OPPOSED: None. APPROVED: 5-0-0.
Respectfully Submitted,
Kathleen Noyes
Recording Clerk
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