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Zoning Commission Minutes 04/06/2015
REGULAR MEETING MINUTES
Monday, April 6, 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                      
        Madeleine Fish, Vice Chairman
        Geraldine Lewis, Secretary
        Marc Delmonico, Regular Member
        J. Colin Heffernan, Regular Member
        Deborah Warren, Alternate Member
        John Talbott, Alternate Member

        Attendant Staff
        Christina M. Costa, Zoning Enforcement Officer
        Matthew Willis, Town Counsel
        Kathleen Noyes, Recording Clerk
        
        There were 8 people in the audience.

III.    REGULAR BUSINESS
        
A.      MINUTES

  • CORRESPONDENCE
All of the correspondence was related to the agenda items.

IV.        CONTINUED PUBLIC HEARING

  • “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 is recusing herself from this item. D. Warren was seated to vote.

Attorney Matthew Willis drafted both a motion for approval and a motion for denial for Commissioners to review.

R. Friedmann said as a site plan review, the applicant has demonstrated compliance with the Zoning Regulations. There are 29 points in the draft motion for approval, and there are 10 points in the draft motion for denial.

J. C. Heffernan said that although the comments from the public at the public hearing were listened to and heard, at this time, Commissioners need to focus on the compliance with the Zoning Regulations.

R. Friedmann asked C. Costa if staff had any additional information regarding this matter for deliberation. C. Costa said Commissioners have received all reports and exhibits submitted as part of the application.

R. Friedmann read aloud the Draft Motion For Approval of Site Plan Application With Modifications Draft Updated to March 30, 2015 drafted by Attorney Matthew Willis. The “whereas” portions were not read aloud at tonight’s meeting, but R. Friedmann noted these must be attached to the draft motion.

MOTION FOR APPROVAL OF SITE PLAN APPLICATION WITH MODIFICATIONS for "Eastpointe at Saybrook Junction," 186 Incentive Housing Units on 10.78 acres with appurtenant sewerage treatment facilities, parking, and amenities.
7 North Main Street, Assessor's Map 39/Lot 9 and Assessor's Map 40/Lots 5 and 6-1
Shopping Center Business B-2 District, Pedestrian Node, Incentive Housing IH Zone, Multi-Family MF Subzone
Applicant: Eastpointe, LLC, contract purchaser.

WHEREAS, the Old Saybrook Zoning Commission ("the Commission") has received from Eastpointe, LLC ("the Applicant") the above-captioned application and following supporting materials ("the Application"):

A site plan with a total of eighteen (18) sheets, consisting of seventeen (17) drawings revised through December 1, 2014 prepared by Angus McDonald, Gary Sharpe & Associates, Inc. and an A-2 survey dated July 11, 2014, revised August 26, 2014, September 29, 2014 and included in a final plan set dated, March 6, 2015 prepared by Angus McDonald, Gary Sharpe & Associates, Inc.;
A landscaping and lighting plan prepared by Bruce Reinheimer, RLA, ASLA, of BHR Landscape Architecture, consisting of Sheets L-1, through L-14, dated January 16, 2015 and revised to March 6, 2015;
Fire Truck Access Plan (Sheet FT-1) prepared by Scott F. Hesketh, P.E., of F. A. Hesketh & Associates, Inc.;
Architectural plans prepared by Timothy F. Wentz, Licensed Architect, of Gate 17 Architecture, LLC, consisting of eighteen total sheets, six sheets dated December 1, 2014 and revised to March 6, 2015;
Affordability Plan prepared by Edward M. Cassella, Esq. of Cloutier & Cassella, LLC last revised January 20, 2015;
Statement of Use last revised February 26, 2015;
Drainage Report dated January 16, 2015  Angus McDonald, Gary Sharpe & Associates, Inc.
Application Form for Site Plan Review
Ground Penetrating Radar Survey Report dated January 2014 and prepared by Admiral Conservation Services II, Inc.;
And all those items set forth on the Exhibit list of March 20, 2015

AND WHEREAS, the Commission has used its own knowledge of the area in addition to reports and comments from the Old Saybrook Land Use Department, its legal counsel Branse & Shallis, LLC, its consulting engineer Nathan L. Jacobson & Associates, Inc., and its consulting traffic consultant Frederick P. Clark Associates, Inc.;

AND WHEREAS, the Commission held duly noticed public hearings on the Application on March 2, 2105 and March 16, 2105;

AND WHEREAS, the Commission has given due consideration to the statements of the Applicant and its consultants, the Commission's own staff and consultants, the report of the Architectural Review Board, comments from other agencies, and the comments from the public;

AND WHEREAS, the Commission has considered the provisions of Section 51 and 54 of the Old Saybrook Zoning Regulations including the Site Plan Objectives of the Old Saybrook Zoning Regulations.

AND WHEREAS, the Applicant has offered to the Town of Old Saybrook the right to enforce development restrictions on perimeter areas of the property, reducing the developable area of the property in accordance with the Old Saybrook Zoning Regulations;

AND WHEREAS, the Applicant has offered to the Town of Old Saybrook guarantees, in the nature of an easement or dedication, that certain areas of the property shall be reserved in perpetuity as open space recreational areas;

AND WHEREAS, except as noted herein, the Applicant has ultimately submitted all information and fees required by the Old Saybrook Zoning Regulations and necessary for an adequate review of the design or potential impacts of the Application, albeit late, inconsistent, and incomplete submittals have imposed extraordinary burdens on the Commission’s staff and consultants;

AND WHEREAS, the Commission recognizes that it is possible to mitigate significant adverse project impacts and address items of noncompliance by means of conditions and modifications;

AND WHEREAS, the Commission finds that such conditions and modifications are integral to this approval and not severable from it, and that but for such conditions and modifications it would have denied the Application without prejudice so that an acceptable development plan could be designed and submitted;

WHEREFORE, the Commission hereby approves the Application as depicted, subject to the following conditions and modifications:

  • An accurate and adequate plan must be established in lieu of the existing Sheet L-9 in order to accurately locate trees and boundary lines pursuant Section 51.6.4B.
  • The emergency (South) entrance sign (Eastpointe Residents & Guests Only) on sheet 11 of 19 and 19 of 19 must be modified to comply with the sign regulations.
  
  • Prior to the start of any construction activity on the site, the Applicant shall stake and flag, to the satisfaction of the Zoning Enforcement Officer, limits of clearing northeast of Buildings One and Two and southwest of Building Two.  Such limits of clearing shall be parallel to the property lines in those areas, and shall be no less than fifteen (15) feet from the property lines, except they shall be no less than ten (10) feet from the line bounding that portion of the property now or formerly owned by Thomas E. Davis that is southerly of the depicted right of way in favor of Jandim Realty, LLC.
  • No existing tree or shrub shall be removed from within the limits of clearing except for reasons of poor health, damage to the specimen, invasive species, excessive crowding, or other good cause.  The Applicant shall provide the Zoning Enforcement Officer with a written determination from a licensed arborist as to the condition of the tree or shrub and why said tree or shrub must be removed if the tree or shrub is not said to be removed on the approved plans. Such a determination shall be made by the Zoning Enforcement Officer after flagging of the tree(s) and shrub(s) at issue by the Applicant, and any tree or shrub removed from such areas without the approval of the Zoning Enforcement Officer shall be replaced with the largest commercially available specimen of the same or similar species prior to the issuance of a Certificate of Zoning Compliance for any building on the property.
  • All buildings shall have sprinkler systems and alarm systems installed in accordance with Connecticut State Fire Safety Code, subject to the approval of the Old Saybrook Fire Marshal.
  • A sidewalk shall connect to the proposed ConnDOT commuter lot north of the property, and shall be constructed in accordance with the standard sidewalk detail depicted on sheet 18 of the plan set.
  • The Applicant shall paint a crosswalk across North Main Street either at the locations determined by the Local Traffic Authority during review of this development by the Office or State Traffic Administration.
  • The leases for all apartments shall prohibit the use of moving vans larger than an SU-30 wheelbase, and provide penalties for violation of such restriction.  Such lease language shall be subject to the review and approval of the Commission's attorney prior to the issuance of a Certificate of Zoning Compliance for this development.
  • All driveways, walkways, sidewalks and fire hydrants must be open during all construction. No Certificate of Occupancy shall be issued for any residential unit until the Clubhouse has obtained a Certificate of Occupancy. The Applicant, Zoning Enforcement Officer, Building Official and Town Engineer shall establish the phasing of structures and improvements.   
  • All exterior materials shall conform to those materials provided and set forth in the record.
  • Prior to the start of any construction activity on the site, the Applicant shall submit a construction access signage plan, subject to the approval of the Commission’s consulting engineer, prohibiting left turn movements to enter or exit the site and depicting appropriate construction vehicle directional signage on Stage Road, North Main Street, and U.S. Route 1.
  • All areas shall be maintained as lawn or groundcover, not gravel, bituminous, or the like, and not as woodchips except as necessary for mulching of landscaping, unless such areas are depicted as occupied by a building, structure, or pavement on Sheet 2 of 18 or as landscaping on Sheet L-1.
  • For a period of five (5) years following their planting, the Applicant shall submit a report by a Connecticut-registered landscape architect or Connecticut-registered arborist on the growth and health of all plantings depicted on the landscaping plans.  Such report shall include recommendations for repairing, replacing, or otherwise correcting all damaged, defective, or otherwise deficient plantings such that the depicted landscaping plan shall be attained.
  • The Applicant shall, in accordance with all recommendations made in the above report, repair, replace, or otherwise correct all damaged, defective, or otherwise deficient plantings.
  • All trees planted adjacent to the driveway and emergency access path shall be trimmed and maintained so as to provide 18' clear height above the emergency vehicle travel way.
  • The Applicant shall notify the Zoning Enforcement Officer and Chief of Police at least seventy-two (72) hours prior to the start of any construction activity on the site, and shall coordinate with the Town of Old Saybrook and Connecticut Department of Transportation and Local Traffic Authority in order to determine adequate measures for traffic control to ensure that safe traffic circulation during construction of this development, construction of the DOT commuter parking lot, and the Town's improvements of North Main Street.
  • An as-built A-2 survey shall be provided for each building and shall include a certification by a licensed land surveyor of the height of all buildings from existing natural grade prior to issuance of a Certificate of Zoning Compliance for any building.   A final as-built location survey shall be provided upon the completion of the project and shall include all buildings, structures, parking areas, all underground utilities including cable, telephone, electric, gas lines, manholes, valves, water and sewer service laterals, roof leaders, storm drainage and any other improvements on the site.  The final as-built shall be submitted to the Zoning Enforcement Officer in both hard copy and electronic format and shall include CT State Plane (NAD83) coordinates.
  • Bearings and distances of the boundaries of all areas to be dedicated or conveyed to the Town of Old Saybrook shall be provided.  The proposed text for all such dedications or conveyances, including but not limited to enforceable development restrictions and open space agreements, shall be subject to the approval of the Commission's attorney.
  • During all periods of construction on the site, the Applicant shall provide the Zoning Enforcement Officer and Building Official, or their designee with the name and telephone number of an individual who shall be responsible for oversight of the activities on the property.  In the event that the Zoning Enforcement Officer or any other municipal official has concerns or issues regarding the activities on the property, the designated individual shall be contacted and have initial responsibility to address any immediate health, safety or welfare issues related to the property.
  • Prior to the start of any construction activity on the property, the Applicant shall provide a bond for erosion and sedimentation controls in an amount determined by the Commission's engineering consultant and in a form determined by the Commission's attorney.
  • The Applicant shall revise the plans to ensure the labels "Access & Utility Easement Vol. 500 Pg. 164" and "Land Subject to an Enforceable Restriction on Development Area = 0.18 Ac +/- " refer to the appropriate areas.
  • The Applicant shall submit an affordability plan and all other documents required by this approval in a form acceptable to the Commission's attorney prior to the Zoning Enforcement Officer’s approval of the Application for Certificate of Zoning Compliance.
  • A copy of all state and local permits granted to this development shall be submitted prior  to the approval of an Application for Certificate of Zoning Compliance by the Zoning Enforcement Officer
  • All future additions, revisions, modifications, or amendments to the plans shall be subject to the approval of the Commission as components of this approval, governed by all relevant provisions of the Old Saybrook Zoning Regulations, and subject to the level of discretion accorded this application, regardless of whether those additions, revisions, modifications, or amendments are made pursuant to:
  • The conditions and modifications of this approval;
  • Requirements or recommendations of any other agency of the Town of Old Saybrook;
  • Requirements or recommendations of Town staff or consultants;
  • Requirements or recommendations of the State of Connecticut or any of its agencies;
  • Unforeseen site conditions encountered during the construction process.
  • All pavement, curbing, fencing, and screening shall be inspected annually and repaired as necessary to keep them in good repair.
  • The Applicant shall submit final plans and documents reflecting these conditions prior to the Zoning Enforcement Officer’s approval or a Certificate of Zoning Compliance. These documents shall include any supplemental plans required by this motion.  Such final plans and documents shall be clearly labeled as final drawings, reflect final and past revision dates, and be provided to the Commission on mylar for endorsement by the Commission's Chairman or Secretary, and filed in the office of the Town Clerk. The full text of this motion of approval, including all conditions and modifications, shall be included in the final plan set.
  • The requirements set forth in a letter from the Office of State Archaeology dated February 24, 2015 shall be a condition.
  • Recommendations number 1, 3, 4, 6 and 8 of the Inter Agency Memorandum from the Architectural Review Board dated February 17, 2015 are set forth as a condition herein subject to the requirement that the applicant is to work with the Cemetery Commission to resolve the appropriate fencing for those areas abutting the cemetery.
  • The recommendations from the Town Engineer dated February 26, 2015 are incorporated as conditions herein.  
MADE: R. Friedmann. SECONDED: M. Delmonico. VOTING IN FAVOR: R. Friedmann, M. Delmonico, J. C. Heffernan & D. Warren. ABSTAINING: None.  OPPOSED: G. Lewis. APPROVED: 4-1-0.

V.        NEW BUSINESS

A.      “McKay Residence” Application for Modification to Special Exception/CSP
        #14-044 to modify swimming pool, spa and terrace and add landscape garden.
330 Watrous Point Road (Map 64 / Lot 17-2)
Residence AA-3 District, Coastal Area Management Zone, Gateway Conservation Zone
Applicant: Martin W. & Ann T. MacKay; Agent: Thomas Metcalf, P.E.
                
M. Fish was seated to vote.

T. Metcalf and Andrew Moyer, Landscape Architect for Anne Penniman and Associates, presented for the applicant.

There are no proposed changes to the structure. This application is for landscaping and site work. A variance from the Zoning Board of Appeals was received for the new application. This structure is in the 100 foot upland review area and the Gateway Conservation Zone.

There have been minor changes made to the pool shape and elevation of the terrace, which has been lowered. Riparian buffer plantings are being introduced bringing the property into compliance with riparian buffer standards.

There will be no outside material required for excavation of the swimming pool.

Motion to close the Public Hearing for “MacKay Residence” Application for Modification to Special Exception/CSP #144-044 to modify swimming pool, spa and terrace and add landscape garden. 330 Watrous Point (Map 64 / Lot 17-2) Residence AA-3 District, Coastal Area Management Zone, Gateway Conservation, Applicant: Martin W. & Ann T. MacKay; Agent: Thomas Metcalf, P.E.  MADE:  G. Lewis. SECONDED: M. Fish. VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Delmonico, J. C. Heffernan & M. Fish. ABSTAINING: None.  OPPOSED: None. APPROVED: 5-0-0.

Motion to approve “MacKay Residence” Application for Modification to Special Exception/CSP #144-044 to modify swimming pool, spa and terrace and add landscape garden. 330 Watrous Point (Map 64 / Lot 17-2) Residence AA-3 District, Coastal Area Management Zone, Gateway Conservation, Applicant: Martin W. & Ann T. MacKay; Agent: Thomas Metcalf, P.E. because the application is consistent with all applicable coastal policies and makes all reasonable measures to avoid adverse impacts. MADE:  R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, G. Lewis, M. Delmonico, J. C. Heffernan & M. Fish. ABSTAINING: None.  OPPOSED: None. APPROVED: 5-0-0.

VI.      DISCUSSION

  • “The Club House 4U” Proposed Social Lounge for teens including dance club, juice bar, amusements, parties and hookah lounge (18 years +). Location to be determined.
Owner: Reuben Macharie

        The owner was not present at tonight’s meeting.

        Commissioners decided to table this matter to a future Zoning meeting when the owner could be present to give Commissioners more detail about the proposal.

        Jona Paradis from the Parks and Recreation spoke on behalf of Parks and Recreation. He has concerns about this proposal, and he was hoping to hear the owner’s proposal at tonight’s meeting.

C. Costa will contact the applicant to invite him to present his proposal at a future Zoning Commission meeting.

VII.    COMMITTEE, REPRESENTATIVE & STAFF REPORTS

1395 Boston Post Road - Tea Kettle Restaurant -requested approval for a small walk in cooler. This was handled administratively.

665 Boston Post Road - Wal-Mart - requested approval for their garden center. C. Costa said it’s the same use as last year. This can be handled administratively.

1111 Boston Post Road – Old Saybrook Senior High School -Julie Pendleton, the Director of Operations, Facilities and Finance spoke with C. Costa regarding the erection of 3 -40’ high poles for nets to stop stray baseballs and soccer balls from going into neighbors’ yards on Ingham Hill Road. R. Friedmann said the erection of the 3 permanent 40’ poles could be handled administratively. Temporary nets do not require a site plan review; however, if the length of the nets will be more than 100 feet, the Zoning Commission would request that the school come before them with an application.

75 Main Street, LLC, and Max’s Place, LLC – Commissioners received a letter dated 4/2/2015 from Attorney David Royston who is representing 75 Main Street, LLC and Max’s Place, LLC. The Commission previously denied a petition to amend the Zoning Regulations for signs. The applicant would like to request that the previously proposed text change for the B-1 District be adopted by the Zoning Commission.  

The Commission also received a memo dated 4/6/2015 from First Selectman Carl Fortuna suggesting Commissioners carefully consider the request for amendment of the B-1 District sign regulations. Commissioners discussed the original petition, reasons for denial and that 75 Main Street is located on a corner lot with more visibility than most lots in the B-1 District.

At this time, the Commission is not going to hold a Public Hearing for their own petition for what was already denied. In the future, if the Zoning Commission has workshops, and Section 64, Signs, of the Zoning Regulations is being reviewed, the Commission will revisit this request. However, Section 64 was just rewritten in its entirety in 2013. The applicant is welcome to return to the Zoning Commission with a new petition or apply to the Zoning Board of Appeals for a variance.

47 Spencer Plain Road, Dirt, LLC -Commissioners discussed filling activity on the Dirt property on 47 Spencer Plain Road (Map 25 / Lot 25). At this time, the Planning Commission has threatened potential legal action for a potential illegal subdivision. Commissioners agreed that because this has been an ongoing problem, this matter should handled as an enforcement action.

VIII.   ADJOURNMENT

Motion to adjourn the meeting at 8:15 p.m. to the next regularly scheduled Zoning Commission meeting on Monday, April 20, 2015 at 7:00 p.m. at the Town Hall 1st Floor Conference Room, 302 Main Street, Old Saybrook. MADE:.R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, G. Lewis & M. Fish. ABSTAINING:  OPPOSED: None. APPROVED: 5-0-0.

Respectfully Submitted,


Kathleen Noyes
Recording Clerk