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ZONING COMMISSION
Scrolling down or clicking the bookmarks will take you to all the submitted minutes for meetings held in May |
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SPECIAL MEETING Thursday, MAY 8th, 2008 EAST LYME ZONING COMMISSION MINUTES
The East Lyme Zoning Commission held a Special Meeting on Thursday May 8, 2008 at the Town Hall, 108 Pennsylvania Avenue, Niantic, CT.
PRESENT: Mark Nickerson, Chairman, Rosanna Carabelas, Secretary, Norm Peck, Marc Salerno, Steve Carpenteri, Bob Bulmer, Alternate
ALSO PRESENT: Attorney Theodore Harris, representing the Applicant Chris Knisley, KGI Properties David Yetton, KGI Properties Brad Parsons, BL Companies John Mancini, BL Companies Warren Baethge, BL Companies Bill Sweeney, TCORS Michael Wang, Arrowstreet David Greene, David Greene Associates, Inc. Nancy Loader, David Greene Associates, Inc. Jay Fisher, SK Properties William, Dwyer, Alternate William Mulholland, Zoning Official
ABSENT: Ed Gada, Gregory Massad, Alternate
Chairman Nickerson called this Special Meeting of the East Lyme Zoning Commission to order at 7:13 PM.
Pledge of Allegiance The Pledge was observed. Mr. Nickerson seated Bob Bulmer, Alternate at the table.
Public Delegations Mr. Nickerson called for any comments from the public regarding matters not on the agenda.
There were none.
Special Meeting 1. A workshop for purposes of conducting a pre-application review of a Master Development Plan for the Gateway Planned Development District.
A. Introduction of Gateway Development East Lyme LLC B. Discussion and questions by Commission Mr. Nickerson explained the purpose of holding this special meeting – a workshop discussion of the Master Development Plan and asked Attorney Harris for his comments.
Attorney Harris said that this is a workshop, pre-application review of some developmental and architectural standards for the Gateway Commons Master Development Plan. This is an open workshop discussion to present some possible development and architectural design standards that could be employed under the scope of this project. He said that they anticipate that there would be another workshop to further fine tune the standards. He suggested that Jay Fisher from Konover give them an introduction and that he introduce the people present this evening.
Jay Fisher, Konover Properties laid out a visual of the Gateway area on the table, introduced the people who would present and be available for any questions, and asked them to keep in mind that most of the components that they are speaking about here are flexible. This is a question and answer workshop and not a public hearing. He explained that the site has been dormant for many years and that the existing zoning under the GPDD was unable to respond to the current needs of the market and the zoning difficulties of the site are exacerbated by the extraordinary site costs that are associated with it. To be able to carry those costs, there was a need to be able to assemble all the pieces of the property in the zone to do any lasting development of it. This is one of the last remaining areas of the Town for commercial development. The land is at an exit, fronts on a highway, has great visibility and does not require extensive travel on local roads to get into or out of it. The front 45-50 acres is level/flat, great for retail development while the back area is steeper and has proximity to neighbors and needs a different type of development. He explained the areas of housing, the large area that would be left as a buffer from the housing and as open space and the public areas including a soccer field.
Mr. Bulmer asked about the lighting and the noise that would come from the soccer field and its usage and said that he was concerned with that. Mr. Nickerson asked if they would be going back to the neighborhoods for further discussion amongst those groups regarding what is being proposed; as they would have input on the soccer field. Ms. Carabelas asked if she heard correctly that this was a gift and why we would want this gift – does the Town need it. Mr. Nickerson said yes, the Town does need it.
Mr. Mulholland asked about the potential for another road to the soccer field from the main road. Mr. Fisher said that they may not see a soccer field in the next round of workshop discussion. Mr. Mulholland noted that there could be another rendition on this that addresses the ideas that are brought up tonight and that again tightens the standards. He passed out a preliminary development and architectural standards booklet done by KG Properties and SK Properties Development.
Bill Sweeney Land Planner with TCORS said that the text amendment process is a collaborative process and that what they are doing here is going through the high points of the standards that are in the booklet that was passed out earlier. Mr. Nickerson asked that he present an overview of it.
Mr. Sweeney noted as an example that landscaping regulations are found in both places, the MDP and in the zoning regulations and that this process is meant to try to merge the both of them. He added that it does not replace the zoning regulations. He explained that as part of the development standards the there are permitted uses for the project and that they are listed as items A – O in the booklet. They are all subject to the limits of the approved text amendment. He noted that business offices is included in the list and recalled that was a topic of discussion during previous meetings. He also noted that they have standard and fast food restaurants listed and said that Panera Bread with no drive through or small coffee shops might be an example of that. He asked what their opinion was of having some drive-thrus if they were tastefully done. Mr. Nickerson said that he did not want any drive-thrus and added that even the bank, in his opinion lessens the value of the property. He noted that this was sold as being pedestrian driven.
Ms. Carabelas said that she would think that they would want people to walk around to the shops, etc.
Chris Knisley, KGI Properties said that he thinks that there are some areas that are more prone to possibly having a drive-thru – for example near the entrance – perhaps a coffee shop that is tied to the entranceway rather than to Flanders Road.
Mr. Sweeney said that no matter who owns this; that it is still subject to the site plan approval. These are only preliminary workshop discussions. Mr. Bulmer said that he is opposed to drive-thru service as they would also be competing with other places in Town that have drive-thru service and he sees this as unfair competition. Mr. Peck asked if Panera Bread and that type of customer base – such as the Waterford Commons customer base – are going to be the type that they are looking to attract. Mr. Knisley said that to some extent that would be true as they do have some of the higher end profile shops however; there would also be higher tier stores here. Mr. Carpenteri noted that they had originally said that they were looking for local chains at the higher end.
Mr. Sweeney continues that page 3 of the booklet lists the bulk dimensional requirements. He said that he does not expect it to be a large percentage. He suggested that rather than to go in-depth here that as they had just received this booklet that they take it home and review it and note any questions that they might have so that they can ask them at the next workshop. Ms. Carabelas asked how tall the tower is for the retail.
Michael Wang, Arrowstreet said that it is around 50’ to 55’. Mr. Sweeney said that they tried to stick with a 50’ height restriction. Ms. Carabelas said that she would object to 55’. John Mancini, BL Companies noted that there are certain architectural elements that are needed to make the project work and that there would not be any large area of a building that would be that high.
Mr. Mulholland cited Crescent Point at about 42’ and Wynwood at 48’ – both in downtown.
Mr. Sweeney noted the parking and loading specs and said that they do not want to over park the project but will have enough for the busy times and seasons. He said that they used urban land use information to accomplish this.
Ms. Carabelas asked if they looked into using “green’ types of materials for the parking areas. Mr. Sweeney said that they have to be concerned with the aquifer underneath and the impervious area would allow water to run through when using ‘green’ materials which is not what they want. He said that they are looking to cut down on the impervious drainage to the surrounding area.
Mr. Mancini, BL Companies explained that from Flanders Road to the ramp is State highway and the rest are considered private driveways or ‘glorified private driveways’ to encourage safe movement. Mr. Salerno said that he would like to see ‘raised’ walkways to slow down the traffic.
Mr. Peck said that with regard to the landscaping plan that he likes evergreens and that he likes how they look along the highway; especially the cedar and pine as the fill in and look really nice. Mr. Sweeney said that he would certainly look to strengthen the regulations if they want certain types of trees.
Mr. Peck said that he would like to see areas of evergreens at the old and new interchange sites. Mr. Mancini said that the DOT would weigh in on the new highway area and that he thinks that they do like evergreens.
Mr. Sweeney noted that the booklet contains a number of diagrams and visuals of what has been talked about and moved on to the Lighting section indicating that they have a ‘dark sky provision’ or ‘cut-off ‘ lighting provision sp as to not blind other properties and reduce glare into the evening sky.
Mr. Mulholland asked if the base is included in the height – he noted that the lights at the Stop & Shop are about 33’ high but that includes a base. Mr. Sweeney said that these lights should be a good 8’ shorter than those. He added that the signage standards that are listed incorporate a lot of the regular regulation standards. He noted that nominally, 2 square feet of signage per linear foot along that length of building. It was noted that the non-residential building signs may be illuminated utilizing external, backlit or with the Commission’s approval, internal light fixtures. He also said that they understand that a signage permit must be obtained from the Zoning Official for each non-residential building’s signage. Mr. Nickerson suggested that they think about this and get a good grip on it in relation to how they want to direct people to this mall.
Mr. Sweeney said that there are some ‘primary’ and ‘secondary’ facades that can be done on the fronts and backs of the buildings to be creative and that work well with the project. Michael Wang, Arrowstreet presented a number of boards depicting the various types of lighting and facades that could be employed within the scope of this project.
Ms. Carabelas asked if they would have to be approved by Mr. Mulholland. Mr. Mulholland said that yes, each package would have to be approved.
Mr. Sweeney noted that there were also a number of miscellaneous provisions that are contained in the booklet and that involve just cleaning up the language. He suggested that they review them for the next workshop.
Mr. Wang presented various boards depicting architectural standards and styles in scale with the rest of the building. Mr. Bulmer noted that he wants to see a New England motif.
Mr. Wang noted that the intent is to join together different types of roofs so that they give the building interest. He showed the various façade styles that could be used with the different components.
Mr. Salerno said that he likes the pictures but would want to see pictures of the sidewalks and curbing. Mr. Sweeney noted that they could not show everything at this time and that these were just prototypes for now. When an actual application was submitted they would have to conform to the MDP standards.
Mr. Peck said that he would likes to have anything that faces the street be finished off architecturally as he thinks that it would be nice to look at something other than a brick wall. Mr. Sweeney said that they could add language that the sides, etc. with views that face the public shall be finished appropriately. Mr. Wang added that they would also be addressing the entrances and those sides.
Mr. Sweeney said that there was a sheet with materials and colors that lists various items. Mr. Bulmer said that it seems to him that they are open to interpretation and that he would like to see it tightened up more. Mr. Mulholland asked that ‘metal panel’ be removed from the list as they do have vinyl products which are not the old vinyl of yesterday.
Mr. Salerno asked what EIFS was. Mr. Wang said that it stands for Exterior Insulation Finishing System and likened it to a stucco type finish.
Mr. Mulholland asked what unit masonry is. Mr. Wang said that it is not cinder blocks and that he would get more clarification on it for the next workshop. Mr. Peck summed up that he thinks that what they are looking for is something that will still look ‘current’ and ‘fresh’ 20 years from now rather than ‘dated’.
Mr. Sweeney said that they would come back again and address the items that were mentioned this evening and any others that they might come up with from reviewing the booklet. Mr. Bulmer asked for more specifics and that it is more finely tuned.
Mr. Fisher and Mr. Sweeney noted that they have to follow the Master Plan standards and that guidelines have to be conformed to by tenants or they would have to come back here to the Commission.
Mr. Nickerson said that this has to be a quality project and that it is his opinion that this Commission is going to be tight on the master plan as it is the last commercial area in this Town and it has to work.
Attorney Harris said that they would like to come back for another workshop and asked for discussion on when an appropriate time would be. Mr. Mulholland noted the upcoming schedule for the next two to three regular meetings that are packed with public hearings and suggested May 29, 2008 – Thursday for another Special Meeting of the Commission. After discussion the Commissioners agreed to hold a Special Meeting on Thursday, May 29, 2008 at 7PM for the purposes of holding another workshop on the Master Development Plan for the Gateway Planned Development District.
New Business 1. Application of Jeffrey A. McNamara for a Text Amendment to the East Lyme Zoning Regulations Section 4.1.3 “Nursery or Green house provided they are not less than 100 feet from any lot line.” Mr. Nickerson asked that Mr. Mulholland schedule this for a Public Hearing.
2. Application of Seymour Kessler of 51 Hope Street for a Special Permit under Section 9.3.3 for construction of a two-car garage. Mr. Nickerson asked that Mr. Mulholland schedule this for a Public Hearing.
3. Application of Thames River Fencing School for a Special Permit to operate a commercial indoor recreation facility at 11 Freedom Way. Mr. Nickerson asked that Mr. Mulholland schedule this for a Public Hearing.
4. Application of Bobby DeMarinis for a Special Permit to operate an outdoor dining facility at 11 East Pattagansett Road, Niantic, CT. Mr. Nickerson asked that Mr. Mulholland schedule this for a Public Hearing.
5. Any business on the floor, if any by the majority vote of the Commission There was none.
6. Zoning Official Mr. Mulholland reported that he has been attending some mandatory training with the DEP on aquifer protection and the Level A mapping that is up for approval in June. He passed out some preliminary information that he received from this program and suggested that they review it as they are the aquifer protection agency for the Town. He said that it was stressed during this training that when they act as the aquifer protection agency for the Town that they are NOT acting under the Zoning Commission. They are to wear two (2) separate and distinct hats. He said that in reading the information that he has given them that they would see that there are many misconceptions regarding the aquifer area and they would find that the area will shrink dramatically as it is more well head protection. They will also have to adopt the model ordinance from the State. He noted that they would also have to be very careful regarding the issues as this does not really prohibit many uses and they need to be aware of these things in order to function properly in their role as the aquifer protection agency for the Town.
7. Comments from Ex-Officio There were no comments.
8. Comments from Zoning Commission liaison to Planning Commission There were no comments.
9. Comments from Chairman There were no comments.
10. Adjournment Mr. Nickerson called for a motion to adjourn. **MOTION (1) Mr. Salerno moved to adjourn this Special Meeting of the East Lyme Zoning Commission at 9:30 PM. Ms. Carabelas seconded the motion. VOTE: 5 – 0 - 0. Motion passed. Respectfully submitted,
Karen Zmitruk, Recording Secretary
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PUBLIC HEARING I & II Thursday, MAY 15th, 2008 EAST LYME ZONING COMMISSION MINUTES
The East Lyme Zoning Commission held a Public Hearing on the Application of Theodore A. Harris agent for Village Crossing of Niantic LLC for approval of an Affordable Housing development, site plan and CAM review and to re-zone the property from RU-40 to Affordable Housing (AH); to construct 100 units on property identified in the application as Assessor’s Map 11.1, Lot 19, Niantic, CT, on May 15, 2008 at Town Hall, 108 Pennsylvania Avenue, Niantic, CT. Acting Chairman Carabelas opened the Public Hearing and called it to order at 7:31 PM.
PRESENT: Rosanna Carabelas, Acting Chairman, Marc Salerno, Acting Secretary, Steve Carpenteri, Norm Peck, Ed Gada, William Dwyer, Alternate
ALSO PRESENT: Mark Nickerson, Chairman (arrived at 7:35 PM) Gregory Massad
ABSENT: Bob Bulmer, Alternate
PANEL: Rosanna Carabelas, Acting Chairman, Marc Salerno, Acting Secretary, Steve Carpenteri, Norm Peck, Ed Gada, William Dwyer, Alternate
Pledge of Allegiance The Pledge was observed.
Public Hearing I & II 1. Application of Theodore A. Harris, agent for Village Crossing of Niantic LLC for approval of an Affordable Housing (AH) development, site plan and Coastal Area Management (CAM) site plan review to construct one hundred (100) residential units on property identified in the application as Assessor’s Map 11.1, Lot 19, Niantic, CT and – 2. Application of Theodore A. Harris, agent for Village Crossing of Niantic LLC to re-zone from existing RU-40 zoning designation, to Affordable Housing (AH), property identified in the application as Assessor’s Map 11.1, Lot 19, Niantic, CT
Acting Chairman Carabelas noted that she had seated William Dwyer, Alternate at the table. She said that both of these applications would be opened and continued due to outstanding water & sewer and engineering items that were in the review process by staff. She asked Mr. Salerno to read the letter from the applicant into the record.
Mr. Salerno read the following correspondence into the record: ¨ Letter dated 5/14/08 to Wm. Mulholland, Zoning Official, from Theodore A. Harris – Re: Application of Village Crossing, LLC – noting the Applicant’s request for a continuation as the Water & Sewer Commission has not yet referred this and some engineering items are still under review by Town Staff. The letter also is the Applicant’s consent to an extension of time within which to continue the Public Hearing as necessary.
(Note: 7:35 PM – Mr. Nickerson and Mr. Massad arrived at this time) Ms. Carabelas noted that the continuation date in the letter was incorrect and that they had been told that it would be continued to the June 19, 2008 meeting of the Commission. Ms. Carabelas them recognized someone from the audience who had a question regarding the continuation.
Richard Marlowe, 6 Briarwood Drive, Quaker Hill, CT asked why they could continue this hearing. Ms. Carabelas noted that Mr. Nickerson was present and explained that there were outstanding items that had to be addressed by staff prior to the hearing.
Ms. Carabelas then called for a motion to continue this Public Hearing.
**MOTION (1) Mr. Salerno moved that this Public Hearing be continued to June 19, 2008. Mr. Carpenteri seconded the motion. Vote: 6 – 0 – 0. Motion passed.
Ms. Carabelas adjourned and continued this Public Hearing at 7:40 PM.
Respectfully submitted,
Karen Zmitruk, Recording Secretary
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REGULAR MEETING Thursday, MAY 15th, 2008 EAST LYME ZONING COMMISSION MINUTES
The East Lyme Zoning Commission held a Regular Meeting on May 15, 2008 at the East Lyme Town Hall, 108 Pennsylvania Avenue, Niantic, CT.
PRESENT: Mark Nickerson, Chairman, Rosanna Carabelas, Secretary, Marc Salerno, Steve Carpenteri, Norm Peck, Ed Gada ALSO PRESENT: William Dwyer, Alternate Gregory Massad
ABSENT: Bob Bulmer, Alternate
1. Call to Order Chairman Nickerson called this Regular Meeting of the Zoning Commission to order at 7:40 PM after the previously scheduled Public Hearing. He apologized for arriving a few minutes late due to a prior engagement and thanked Ms. Carabelas for filling in for him. He explained to the audience the public hearing process, noting that the Commission would be more than happy to hear their comments once the applicant has explained the application to everyone in detail so that they would be familiar with what they would be commenting on.
Pledge of Allegiance The Pledge was previously observed.
Public DelegationsMr. Nickerson called for anyone from the public who wished to address the Commission on subject matters not on the Agenda.
There were none.
Regular Meeting
1. Application of Theodore A. Harris, agent for Village Crossing of Niantic LLC for approval of an Affordable Housing (AH) development, site plan and Coastal Area Management (CAM) site plan review to construct one hundred (100) residential units on property identified in the application as Assessor’s Map 11.1, Lot 19, Niantic, CT and – 2. Application of Theodore A. Harris, agent for Village Crossing of Niantic LLC to re-zone from existing RU-40 zoning designation, to Affordable Housing (AH), property identified in the application as Assessor’s Map 11.1, Lot 19, Niantic, CT
Mr. Nickerson noted that they had just continued these until June 19, 2008.
3. Approval of Minutes - Regular Meeting Minutes of April 17, 2008 Mr. Nickerson called for discussion on, or corrections to the Regular Meeting Minutes of April 17, 2008.
**MOTION (1) Mr. Peck moved to approve the Regular Meeting Minutes of April 17, 2008 as presented. Mr. Gada seconded the motion. Vote: 4 – 0 – 2. Motion passed. Abstained: Ms. Carabelas, Mr. Carpenteri Old Business 1. Stormwater There was nothing new to report.
2. Subcommittee – Niantic Village – CB Zones (Mark Nickerson, Marc Salerno & Norm Peck) Mr. Salerno said that they are working on this.
3. Subcommittee – Adult Uses (Rosanna Carabelas) Ms. Carabelas reported that she has a packet of information from the Town Attorney and that she would be copying it for everyone and would like to move on this soon.
4. Transitional Zones Subcommittee – (Marc Salerno & Norm Peck) Mr. Salerno reported that he and Mr. Peck would be setting up a meeting with Mr. Mulholland to go over what they have and to work on this.
New Business 1. Any other business on the floor, if any, by the majority vote of the Commission. Mr. Nickerson said that he would like to form a subcommittee on looking into up-zoning in the northern end of Town and asked if there was an interest in this from the Commission.
The Commissioners were in agreement that this was an important subcommittee to form.
Mr. Nickerson said that he would like to be a member of this subcommittee and asked for other volunteers for it from the Commission. Mr. Peck, Mr. Salerno and Ms. Carabelas volunteered to join Mr. Nickerson on this subcommittee.
2. Zoning Official There was no report.
3. Comments from Ex-Officio There was no one present and no report.
4. Comments from Zoning Commission liaison to Planning Commission There was no report.
5. Comments from Chairman Mr. Nickerson reminded everyone that they had a booklet to look over for the Special Meeting Workshop on the Gateway that they are holding on May 29, 2008 at 7 PM. He asked that if anyone could not attend that they turn in their questions to Mr. Mulholland prior to the meeting.
6. Adjournment **MOTION (2) Mr. Gada moved to adjourn this Regular Meeting of the East Lyme Zoning Commission at 7:50 PM. Mr. Carpenteri seconded the motion. Vote: 6 – 0 – 0. Motion passed.
Respectfully submitted,
Karen Zmitruk, Recording Secretary
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