REGULAR MEETING MINUTES
Monday, April 20, 2015 – 7:00 P.M.
Town Hall, 302 Main Street
1st floor conference room
I. CALL TO ORDER
Vice Chair Madeleine Fish called the meeting to order at 7:00 p.m.
II. ROLL CALL
Attendant Members
Madeleine Fish, Vice Chairman
Geraldine Lewis, Secretary
Marc Delmonico, Regular Member
J. Colin Heffernan, Regular Member
Deborah Warren, Alternate Member (seated for R. Friedmann)
Absent Members
Robert Friedmann, Chairman
John Talbott, Alternate Member
Attendant Staff
Christina M. Costa, Zoning Enforcement Officer
Kathleen Noyes, Recording Clerk
There were approximately 20 members of the public present in the audience.
III. REGULAR BUSINESS
A. MINUTES
Invoices were received from Nathan L. Jacobson & Associates and from Branse & Willis, LLC.
Motion to pay invoice #81220 for $33.01 from Nathan L. Jacobson & Associates, Inc. MADE: G. Lewis. SECONDED: J.C. Heffernan. VOTING IN FAVOR: D. Warren, G. Lewis, M. Fish, M. Delmonico, J. C. Heffernan. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
Motion to pay invoice #37820 for $2,016.50 and invoice # 37777 for $$1,202.50 from Branse & Willis, LLC. MADE:G. Lewis. SECONDED: D. Warren. VOTING IN FAVOR: D. Warren, G. Lewis, M. Fish, M. Delmonico, J. C. Heffernan. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
The Gateway Commission invited Commissioners to their Annual Gateway Boat Trip on 6/4/2015 from 5:00 p.m. to 8:00 p.m. D. Warren said she is planning to attend.
IV. NEW BUSINESS
A. “Max’s Place” Request for minor modification and progress report to Special Permit #07-061 for 127,600 s.f. shopping center, including 54,100 s.f. grocery store, 54,000 s.f. retail building, 8,000 s.f. liner building, 10,000 s.f. liner building, parking and landscaping. Corner of Boston Post Road, Spencer Plain Road and Center Road West, Gateway Business B-4 District, Pedestrian Node.
Map 25 / Lots 2, 28, 29 & 30 and Map 26/Lots 6-10, 6-11, 6-12, 32 & 32-1
Applicant: Max’s Place, LLC; Agent: Attorney David M. Royston
Commissioners received the following: a letter dated 4/13/2015 from Attorney David Royston regarding the update and request for Minor Modification to the Special Exception Permit, a letter from Dr. Cathryn Flanagan of 12 Spencer Plain Road dated 4/15/2015, a letter dated 4/20/2015 from Ralph E. Gometz of 2 Center Road West, and a letter dated 4/20/2015 from Attorney Edward Cassella regarding the request for the Modification of the Special Permit.
Attorney D. Royston presented. Ron Lyman, Dave Hesketh, Lindsay Gravins, the Manager from Kohl’s, and Steve Dean, the Big Y Night Manager, were all present as well.
The work for the widening of the Boston Post Road which the applicant is requesting over a culvert from Center Road down to Chalker Beach has been significantly delayed. The tide gate of the Chalker Beach Pond was in disrepair. This disrepair has not been caused by Max’s Place. It was not part of the Condition of Approval that Max’s Place, LLC repair this tide gate. An application was made for the reconstruction of the tide gate.
Max’s Place paid for all of the materials and for the cost to do the tide gate repair work. Chalker Beach chose to use their own contractor. That job has been completed. That tide gate has been repaired.
David Ziaks from F.A. Hesketh and Associates discussed the delays of the installation of the 2 traffic lights. The utility poles were one reason for the delay. The poles had to be removed from the old section of the road. This has been completed.
In order to widen the culvert at the brook crossing, a portion of the water mane owned by the CT Water Company has to be relocated. This has turned out to be very complex. The work has to be done on a live water mane. D. Ziaks had a meeting with the CWC in February 2015. Because of the diameter of the water mane, custom fittings are required for this job. They have been ordered by H.D. Supply, and they should be delivered in the middle of May. Then, the water mane can be relocated. The culvert can then be lengthened. All of the work should be completed by 7/1/2015. The D.O.T. would like the work to be completed by 7/1/2015 because they are scheduled to begin milling and paving work on Route 1.
D.Ziaks emphasized that he has been very hard at work on a daily basis to get this completed. Police officers can be stationed out in the street to direct traffic at Max’s Place expense whenever the Traffic Safety Officer deems this is needed and appropriate.
Attorney E. Cassella requested that this work be done at night. D. Ziaks said he was told by the State that this was not a possibility. If work was allowed at night in order to meet the 7/1/2015 deadline, the chances of meeting that date would be more likely. The State D.O.T.’s policy generally does not allow for night work, so D. Ziaks said Commissioners should not factor that into their decision.
Commissioners voiced concerns that this project may not be completed by 7/1/2015 because of the delay of the arrival of the custom fitting. D. Ziaks said they are doing everything possible to be sure the work will be completed by the 7/1/2015 deadline. As much preparation is being done as possible, so when the custom fittings arrive, the work can be completed.
Commissioners asked what would happen if this request is denied. D. Ziaks said if this is denied, the Certificate of Occupancy can be pulled for failure to meet the conditions required for the Certificate of Occupancy.
Attorney D. Royston said the traffic conditions will not be worse than the conditions last summer which had to do with other paving work the D.O.T was doing. This summer, the traffic conditions should be better because the Spencer Plain Road improvements have been done, and the paving on Spencer Plain for Max’s Place has been completed as well.
Attorney D. Royston referred to the letter he wrote on 4/13/2015, and he talked about Item 1. which involves the installation of a fence around the three sides of Dr. C. Flanagan’s property where it abuts Max’s Place, LLC. Attorney Royston states in his letter that the applicant is requesting elimination of the requirement for this perimeter fence because the areas around D. C. Flanagan’s property are already defined by stonewalls and/or natural vegetation. Dr. C. Flanagan requested in her letter dated 4/15/2015 that the fence be required for security issues and trash issues.
M. Fish said she remembers when Max’s Place first was approved, it was agreed upon that Max’s Place would construct the fence around Dr. C. Flanagan’s property. Commissioners agreed that Max’s Place should honor that and erect the fence around the three sides of her property.
R. Lyman spoke. He said he takes a lot of pride in his developments, and he keeps them neat and clean. He said all of the surrounding properties are commercial, and he makes great effort to be a good neighbor working collaboratively with the other property owners. He discussed the letter Dr. C. Flanagan wrote, and he explained why he does not feel it’s necessary to install the fence abutting her property.
Dr. C. Flanagan spoke about the reasons why the fence should be erected by R. Lyman. She talked about her concerns about trespassers on her property because of Max’s Place. Also, she explained there is a lot of airborne trash on her property from Max’s Place, and she feels the fence will put up a barrier to keep the trash off of her property. She would like to protect her trees and bushes as well.
Attorney D. Royston requested that the modification to the application be amended, so that the 6 foot vinyl fence will be constructed on three sides of Dr. C. Flanagan’s property by the Zoning Commission’s next meeting of 5/4/2015 unless an agreement is reached between R. Lyman and Dr. C. Flanagan before that date. The fence will be installed in accordance with the survey that marks the property line.
Attorney D. Royston addressed Item 2 in his letter requesting that the requirement for the planters that are to be installed in front of Building B be eliminated.
Item 3 of the letter discusses restricted parking signage in front of Big Y and Kohl’s for “Parents with Child” and “Associate of the Month.” This parking is not shown on the plan. This does not represent a reduction in the number of parking spaces. Attorney D. Royston noted that Commissioners could stipulate that additional signage, that is not currently built on the site, would require Zoning Commission approval. The current signage could be added to the As Built.
Lindsay Gravins, manager of Kohl’s, explained that Kohl’s is requesting 2 reserved parking spaces for their Buy Online, Pickup in Store program. They also would like to request that the site plan be modified to allow one parking space be designated for their Associate of the Month.
Commissioners agreed that they would like to allow the designated parking and signage for Parent with Child and for the Buy Online, Pickup in Store to prevent people from parking in the Fire Lane, but they do not feel the designated Associate of the Month parking is necessary.
C. Costa requested that the dimensions of the signs be submitted so there is consistency of signage size.
Items 4 and 5 of the letter are requests for confirmation of the usage of 4 parking spaces for Transit District. On 11/3/2014, C. Costa discussed this as a Staff Report item with Commissioners. Attorney D. Royston wants to be sure the spaces are code compliant and that they are maintained according to good engineering practices. Max’s Place will not be paying for the physical modifications required to the parking area for these spaces.
The last item of Attorney D. Royston’s letter is a request that the landscaping bond be set for any items remaining and for the second year growth, and that this bond be established at $20,000.00 and that the year end on 6/30/2016.
Motion to establish a $20,000.00 landscaping bond to ensure second year growth with the second year ending 6/30/3016 for “Max’s Place” Request for minor modification and progress report to Special Permit #07-061 for 127,600 s.f. shopping center, including 54,100 s.f. grocery store, 54,000 s.f. retail building, 8,000 s.f. liner building, 10,000 s.f. liner building, parking and landscaping. Corner of Boston Post Road, Spencer Plain Road & Center Road West, Gateway Business B-4 District, Pedestrian Node. Map 25 / Lots 2, 28, 29 & 30 and Map 26/ Lots 6-10, 6-11, 6-12, 32 & 32-1. Applicant: Max’s Place, LLC; Agent: Attorney David M. Royston. MADE: M. Fish.: SECONDED: G. Lewis.: VOTING IN FAVOR: M. Fish, G. Lewis, J.C. Heffernan, M. Delmonico, D. Warren: ABSTAINING: None.: OPPOSED: None: APPROVED: 5-0-0.
Attorney E. Cassella spoke on behalf of the Chalker Beach Association. He talked about the negative effects the traffic will have on the Association with the construction and continued road work. He requested that if possible, the road work be completed at night. He also was concerned about the deadline of 7/1/2015. He recommended that the deadline be moved to 6/12/15, so the Zoning Commission can review status.
C. Costa requested that the applicant notify her when the custom fit part arrives for the water mane. She can then update the Zoning Commission.
Attorney D. Royston requested that Max’s Place, LLC be placed on each Zoning Commission agenda from now until 7/1/2015, so they can provide a status update to Commissioners.
Ralph Gometz asked Attorney D. Royston why the traffic signal lights cannot be installed now because it is very difficult to turn left out of Center Road West. D. Ziaks said the State does not want the traffic lights up and operating until the roadwork has been completed.
R. Gometz also expressed concerns about drainage due to an algae bloom in one detention pond. He thought the outlets would be cleaned regularly. He said algae blooms are caused by excessive nutrients in the detention ponds. He noticed in the area of the septic system, there is an extensive bleed out of water. The issue appears to be a failure of the septic system. He submitted photos with his letter dated 4/20/2015. He is concerned about the capacity for drainage of storm water and the cleaning of the outlet. The outlet from the detention pond was clogging every 3 hours. The algae has to be removed from the detention pond. He has a settlement agreement with R. Lyman that states that there will be a traffic light on the end of Center Road and Boston Post Road.
Attorney D. Royston responded by saying that this is the first time he’s heard that that septic discharge has been causing this problem. The detention basin that is within the jurisdiction of the Inland Wetlands and Watercourses Commission is being dealt with.
C. Costa said the CT River Area Health District and the Water Pollution Control Authority as well as other town officials have been alerted about R. Gometz’s concerns.
R. Lyman said the approvals have been delayed due to the tide gate. He said he’s paid for the traffic lights in advance, the custom fittings, and he has done everything he can to move this project to completion. He said he’s resolved many of the problems with traffic and drainage that Chalker Beach was experiencing long before Max’s Place was built.
- Motion to approve, “Max’s Place” Request for minor modification and progress report to Special Permit #07-061 for 127,600 s.f. shopping center, including 54,100 s.f. grocery store, 54,000 s.f. retail building, 8,000 s.f. liner building, 10,000 s.f. liner building, parking and landscaping. Corner of Boston Post Road, Spencer Plain Road & Center Road West, Gateway Business B-4 District, Pedestrian Node. Map 25 / Lots 2, 28, 29 & 30 and Map 26/ Lots 6-10, 6-11, 6-12, 32 & 32-1. Applicant: Max’s Place, LLC; Agent: Attorney David M. Royston. with the following conditions: ~All improvements will be completed by June 16, 2015.
- The fence along the Flanagan property will be installed by May 4, 2015 unless the two parties can come to another agreement.
- The planters in front of building A and B do not need to be installed.
- The Commission confirms that on November 3, 2014, the two cart corrals in front of the Big Y Supermarket do not need to be installed and that the car charging stations are permitted to remain on the property.
- The Commission confirms that as discussed on November 3, 2014, the Applicant, Estuary Transit District and~Town Staff will administratively handle~a plan modification where up to 6 parking spaces in the area northerly of storm water pond #2 can be utilized for a bus stop. Based upon a plan provided to Max’s Place, LLC by the Transit District, three to four spaces are required for the plan. Staff may administratively handle implementation of this plan provided it will be compliant with ADA, Building Code and other regulatory requirements and good engineering practices. Any parking spaces in addition to three spaces that have been compensated for by the removal of the two cart corrals in front of the Big Y store will be located on a site plan as reserve for future construction.
- The three existing double-faced signs designating parking spaces marked “Parking for Parents with Children” are permitted in their present locations in front of the Big Y Supermarket and two signs designating “On-line Order Pick Up” will be permitted in the parking area in front of Kohl’s.~~The sign locations shall be shown as a revision to the as-built shopping center plan to be filed with the Land Use Office. The “Reserved for Associate of the Month” sign in the Kohl’s parking area will be removed.~ No additional parking signs or changes in location are permitted without a modification to this Special Exception Permit. .MADE: G. Lewis: SECONDED: M. Delmonico: VOTING IN FAVOR: M. Fish, G. Lewis, J.C. Heffernan, M. Delmonico, D. Warren: ABSTAINED:
None. OPPOSED: None. APPROVED: 5-0-0.
MOTION: to amend the agenda to move item V. Public Hearings before Item B. under IV. New Business which is Outdoor Seating. MADE:M. Fish. SECONDED: G. Lewis. VOTING IN FAVOR: D. Warren, M. Fish, M. Delmonico, G. Lewis & M. Fish. ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.
V. PUBLIC HEARINGS
A. “Dibble/Rhodes” Petition to Amend the Old Saybrook Zoning Map from Residence AA-District to the Industrial I District
Property of Clifford & Lynne Rhodes at 110 Ingham Hill Road (Assessor’s Map 35 / Lot 9) & Property of Robert E. Dibble, Ingham Hill Road (Assessor’s Map 35 / Lot 8)
Coastal Area Management District
Petitioner: Robert & Jessie Dibble and Clifford & Lynne Rhodes; Agent: Robert Doane, P.E.
R. Doane, P.E. presented. The property is composed of two parcels. The Dibble gravel pit is inspected ever year by the Zoning Commission.
The horse barn has recently been fixed up. This barn will be used for storage. There is no access road on the other side of the boundary line. The intent of the zone change is to bring the existing storage building into compliance and to bring all of the property owned by the gravel pit into the Industrial Zone.
The house will become legally non-conforming if this application is approved, and the operation will stay identical to what it is now if the Zone change is approved. The setback area provides restrictions for expansion. There is no intent to expand or change the current use.
The Planning Commission has given a positive recommendation for this petition.
Christopher Bileau of 126 Ingham Hill Road spoke. He was concerned about additional equipment on the site. He asked Commissioners to take into account the impact that this change would have on the neighborhood.
Bill Forrestt of 3 Jorgensen Lane spoke. He said he was concerned about additional industrial equipment and industrial work on the site and the noise and traffic. He wants to be sure the value of his house remains the same and that public safety doesn’t become an issue.
Charlie Bardong of 101 Ingham Hill Road had concerns about hours of operation and noise. He would like to know if the noise issues are enforceable. He also asked about petroleum leaking into the Oyster River.
Steve Bogan of 148 Mill Rock Road asked if the hours of operation could be enforced.
C. Costa said the hours of operation are given with the individual permit.
R. Dibble said the gravel pit pre-dated Zoning Regulations and pre-dated the neighborhood. He would like to do what he can to work with the neighbors. He said if the change is approved, he can move some of his heavy equipment farther away from the neighbors.
Motion to close the Public Hearing for “Dibble/Rhodes” Petition to Amend the Old Saybrook Zoning Map from Residence AA-District to the Industrial I District; Property of Clifford & Lynne Rhodes at 110 Ingham Hill Road (Assessor’s Map 35 / Lot 9) & Property of Robert E. Dibble, Ingham Hill Road (Assessor’s Map 35 / Lot 8)
Coastal Area Management District; Petitioner: Robert & Jessie Dibble and Clifford & Lynne Rhodes; Agent: Robert Doane, P.E.MADE: G. Lewis: SECONDED: M. Delmonico: VOTING IN FAVOR: G. Lewis, M. Fish, M. Delmonico, J.C. Heffernan: ABSTAINING: None: OPPOSED: D. Warren: APPROVED: 4-1-0.
This matter will be continued at the 5/4/2015 Regular Zoning Commission meeting at 302 Main Street, 1st Floor Conference Room at 7:00 p.m.
B. Outdoor Seating Renewals
The Zoning Commission reviewed applications for outdoor seating renewals received to date.
The following applications were reviewed and determined to be in compliance with the Zoning Regulations as presented: Back Porch, 142 Ferry Road, Blue Crab, 1745 Boston Post Road, Cloud Nine, 256 Boston Post Road, Comfort Café, 100 Essex Road, Cuckoo’s Nest, 1712 Boston Post Road, Dagmar, 247 Main Street, Dunkin Donuts, 744 & 1635 Boston Post Road, Foodworks, 940 Boston Post Road, Fresh Salt, 2 Bridge Street, Jack Rabbits, 254 Main, Johnny Ad’s, 910 Boston Post Road, Liv’s, 166 Main Street, Luigi’s, 910 Boston Post Road, Monkey Farm, 571 Boston Post Road, Penny Lane Pub, 150 Main Street, Pizza Works, 455 Boston Post Road, Rabbit Hole, 256 Main Street, Rosemary & Sage, 1080 Boston Post Road, Saigon City, 1315 Boston Post Road, Saybrook Soup & Sandwich, 745 Boston Post Road,
Tea Kettle, 1395 Boston Post Road and the VFW, 315 Essex Road.
The following applications were reviewed and the requests were determined not to meet the Zoning Regulations because the number of seats exceeded~25% of the number of indoor seats permitted for the use or were an expansion of a pre-existing non-conformity.~ The Zoning Commission instructed the ZEO to write letters to each of the following businesses informing them of the number of seats each business is approved for.
Café Toscana, 25 Main Street~-24 seats applied and 8 approved.
Dairy Queen, 1370 Boston Post Road – 30 seats applied for and 8 approved.~ The 8 outdoor seats and no additional seats may be allowed in accordance with regulations.~ The existing seating is a pre-existing non-conforming since there are no indoor seats.
Mike’s Deli, 1522 Boston Post Road – 6-12 seats applied for and 8 approved.
Mirisina’s, 162 Main Street – 18 seats requested and 6 approved.
Tequila’s Rest, 1333 Boston Post Road- 20 seats applied for and 14 approved.
T.J.’s Restaurant, 735 Boston Post Road – 12 seats applied for and 11 approved.
Pizza Palace, 1283 Boston Post Road – The ZEO will confirm the number of indoor seats and report to the Commission if the 12 outdoor seats requested will meet the regulations.
The Zoning Commission instructed the ZEO to write follow up letters to the following businesses that have replied to the request for outdoor seating renewals.
Fiores, 210 Main Street, J.A.M.S.S, 787 Boston Post Road, Mr. Jalapeno, 1231 Boston Post Road
Otter Cove Restaurant, 99 Essex Road, Paesan’s Pizza, 1550 Boston Post Road, Pursuit of Pastry, 709 Boston Post Road, Red Hen, 286 Main Street, Sal’s Pizza, 29 Spencer Plain Road, Starbucks, 15 Main Street and Tissa’s, 2 Pennywise Lane.
Motion to approve the list of outdoor restaurants that are in compliance with the outdoor seating regulations and to notify those who have not responded or who are not in compliance by letter. MADE: J. C. Heffernan. SECONDED: G. Lewis. VOTING IN FAVOR: D. Warren, M. Fish, M. Delmonico, G. Lewis & J. C. Heffernan. ABSTAINING: OPPOSED: None. APPROVED: 5-0-0.
VI. COMMITTEE, REPRESENTATIVE & STAFF REPORT
Harbor One Marina Vacant Restaurant, 26 Bridge Street.~ Possible tenant has requested 8 indoor seats and 24 to 28 outdoor seats which will not meet the 25% permitted for outdoor seats.~ A review of the master file indicates that in 2001 that 8 indoor seats and 12 patio seats were approved for the Seaside Café.~ The Commission instructed the ZEO to handle the permitting of the restaurant administratively and with a maximum of 8 indoor seats and 12 patio seats which has been established as a pre-existing non-conformity.
Tea Kettle Restaurant, 1395 Boston Post Road request to ZEO about fencing in an outdoor seating area and requesting additional fencing in the back of the building.~ The Commission advised the ZEO that they would like to see a plan for this proposal.
The ZEO updated the Commission on enforcement matters, Mariner’s Way workshops with the Economic Development Commission and inspections.
VIII. ADJOURNMENT
Motion to adjourn the meeting at 10:20 p.m. to the next regularly scheduled Zoning Commission meeting on Monday, May 4, 2015 at 7:00 p.m. at the Town Hall 1st Floor Conference Room, 302 Main Street, Old Saybrook. MADE: G. Lewis. SECONDED: M. Delmonico. VOTING IN FAVOR: D. Warren, J. C. Heffernan, M. Delmonico, G. Lewis & M. Fish. ABSTAINING: OPPOSED: None. APPROVED: 5-0-0.
Respectfully Submitted,
Kathleen Noyes
Recording Clerk
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