REGULAR MEETING
THURSDAY, MARCH 8, 2007 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
Minutes Approved ~ April 5, 2007
1. CALL MEETING TO ORDER: Chairman G. Russell Stewart, III called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, March 1, 2007 at 7:03 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: G. Russell Stewart, III, Chairman, Vilma Gregoropoulos, Vice-Chairman, Louis E. Steinbrecher, Secretary, Anne Nalwalk, Elaine Boissevain and Alternate Member Duncan Schweitzer
COMMISSIONERS ABSENT: Alternate Member Susan Grufstedt
STAFF PRESENT: Sr. Planner & Zoning Official Craig Grimord, Administrative Assistant Cheryl Konsavitch and Consulting Planner from SCCOG Jamie Rabbitt
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC COMMENT:
Nita Kincaid, Babcock Road, asked for the direction of the Commission on how to educate herself on floating zones. Mr. Rabbitt suggested several websites that would be helpful on the information Ms. Kincaid was looking for.
11. PLANNING ISSUES & DISCUSSION:
Commission to discuss informal list of P&Z issues (Correspondence #2)
Mr. Rabbitt went over D. Schweitzer’s list of 13 pending updates for the regulations. Mr. Rabbitt added TND which are traditional neighborhood districts and the re-zoning reclassification of the acreage between Route 2, 184, I-95 and 216.
Vice-Chairman Gregoropoulos stated she would like to see TDR put somewhere on the list.
Mr. Rabbitt stated that TDR’s would require significant discussion on how TDR would relate to some of the other items the Commission is considering.
Mr. Nick Mullane, 1st Selectman stated that he would like to get together with Chairman Stewart to discuss the budget to see if they would need additional funding to support this. Mr. Mullane stated they need to inform COG so they can make sure they have the staff so this project will not be interrupted.
The Commission discussed those issues and stated they would like to see this move forward and give Mr. Rabbitt input as he implements their list.
4. PUBLIC HEARINGS:
A. SPEC #07-018 (Special Permit) Application of the North Stonington Little League Association, Inc., c/o Jacques Parenteau, P.O. Box 419, North Stonington, CT 06359 to amend Special Permit #06-038 granted on 9/14/06 to waive the bond requirement for construction in the amount of $380,040. Tax Map #77/2723, Lot #64/2993A (PH opened on 3/01/07 & continued to 3/08/07; Received on 2/01/07; & PH must close on or by 4/03/07)
Secretary Steinbrecher read the application into the record.
E. Boissevain recused herself.
Seated: R. Stewart, V. Gregoropoulos, L. Steinbrecher, A. Nalwalk, D. Schweitzer seated for E. Boissevain
Atty. Parenteau was present representing the Little League and stated they are also requesting a 90-day extension for the filing of the Special Permit.
ZEO Grimord stated he has checked with 4 other towns and SCCOG. Nobody has ever had to deal with phased bonding for a single project.
Mr. Rabbitt stated that he agrees with ZEO Grimord pertaining to the phased bonding. Mr. Rabbitt recommended that the Commission reduce the bond to $100,000 and ZEO Grimord stated that was also his recommendation.
The Commission asked questions pertaining to the bonding.
Atty. Parenteau went over the phased bonding estimates.
1st Selectman Mullane spoke on the bonding issues and stated they are considering a lump sum to support the program and assistance with the bonding is under consideration. 1st Selectman Mullane stated the Town Attorney is looking into what the Town can do.
The Commission discussed the bonding amount and Mr. Rabbit explained the posting of a bond.
Atty. Parenteau stated the property cannot be transferred to the Little League until the bonding is in place and the Special Permit is filed.
Mr. Mike Ward stated the Little League cannot raise funds unless they have the land.
Chairman Stewart asked if there were any questions or comments pertaining to this application from the public.
Brad Borden, Swantown Hill Rd., asked for clarification from the applicant. He understood there would be a transfer of property from the Grufstedts to the Little League after all the approvals have been met. Atty. Parenteau stated that the closing shall take place upon completion of all regulations and permitting requirements and above agreements are at such time as the parties mutually agree. Mr. Borden asked that if this is approved would normal procedure be followed with a Notice of Decision published in the paper. ZEO Grimord stated that is correct.
Mr. Borden stated this is a big project and this might be the first of a series of proposals to amend the bond and he is concerned. Mr. Borden stated the bonding amount is what stopped him from appealing the Special Permit decision. Mr. Borden stated that if the spirit of compromise prevails, he asks the Commission to come up with a balanced decision as best as they see fit.
Chairman Stewart asked if there was anyone speaking in favor of this application. There were none.
Chairman Stewart asked if there was anyone speaking against this application. The following person spoke against.
Brad Borden, Swantown Hill Road
Secretary Steinbrecher read a letter from Atty. Parenteau into the record requesting an additional 90-day extension for the filing of SPEC #06-038.
Chairman Stewart asked if anyone had comments pertaining to the extension request that was just read into the record. There were none.
MOTION by V. Gregoropoulos, SECOND by A. Nalwalk to close the Public Hearing on SPEC #07-018. MOTION CARRIED UNANIMOUSLY.
B. SPEC #07-021 (Home Occupation) Application of Kenneth E. Hellman, 403 Denison Hill Road, North Stonington CT 06359 to provide to the public horse drawn cart rides on property located at 403 Denison Hill Road, North Stonington, CT 06359. Tax Map #49/2754, Lot #86/5363
(PH set to open on 3/08/07; Received on 2/08/07 & PH must close on or by 4/10/07)
Secretary Steinbrecher read the application into the record.
E. Boissevain returned.
Seated: R. Stewart, V. Gregoropoulos, L. Steinbrecher, A. Nalwalk, E. Boissevain
The applicant was not present.
1st Selectman Mullane stated he has been in contact with Mr. Hellman concerning his application. Mr. Mullane stated he is reviewing the application because Mr. Hellman proposed to go off-site and on to state property. He is checking to see what permits Mr. Hellman might need.
ZEO Grimord stated the applicant was not told to not show up tonight. Mr. Mullane stated that he may have given Mr. Hellman the idea that he need not be present tonight.
Chairman Stewart asked if there were any questions or comments from the public pertaining to this application. The following person spoke.
Madeline Jeffery, Pendleton Hill Rd., stated she would like to see the Public Hearing on this application continued to give the applicant a chance to speak.
Peter Fribance, asked if there was any information stating where the cart rides would take place. ZEO Grimord stated the applicant has submitted a map showing where the rides will take place.
Chairman Stewart asked if there was anyone speaking in favor of this application. There were none.
Chairman Stewart asked if there was anyone speaking against this application. There were none.
MOTION by A. Nalwalk, SECOND by E. Boissevain to continue the Public Hearing on
SPEC #07-021 to April 5, 2007. MOTION CARRIED UNANIMOUSLY.
C. RC #06-205 (Regulation Change) Application of Milltown Commons, L.L.C., P.O. Box 183, North Stonington, CT 06359 for a text amendment to establish design development districts containing mixed uses. (APPLICANT HAS WITHDRAWN THIS APPLICATION)
Secretary Steinbrecher read a letter of withdrawal into the record from the applicant.
5. COMMISSION REVIEW: None
6. PENDING APPLICATIONS:
A. SPEC #07-018 (Special Permit) Application of the North Stonington Little League Association, Inc., c/o Jacques Parenteau, P.O. Box 419, North Stonington, CT 06359 to amend Special Permit #06-038 granted on 9/14/06 to waive the bond requirement for construction in the amount of $380,040. Tax Map #77/2723, Lot #64/2993A (PH opened on 3/01/07 & continued to 3/08/07; Received on 2/01/07; & PH must close on or by 4/03/07)
Seated: R. Stewart, V. Gregoropoulos, L. Steinbrecher, A. Nalwalk, D. Schweitzer seated for E. Boissevain.
MOTION by V. Gregoropoulos, SECOND by D. Schweitzer to reduce the bond for SPEC #06-038 from $380,040 to $100,000 with the following conditions:
1. An initial $10,000 surety shall be posted with the Town prior to the issuance of the Special Permit. The surety shall be in a form acceptable to the Planning & Zoning Commission and the Town Treasurer.
2. An additional $90,000 cash surety shall be posted with the Town prior to any clearing, grading, excavation, land disturbance, construction, tree cutting/clearing, except in associations with the installation of the required sediment and erosion controls required on the approved plans.
Findings: The reduction of the surety from $380,040 to $100,000 still fulfills the Commission’s responsibility to protect the health and general welfare of the community and is adequate to insure that the project is built in compliance with the approved site plan.
The purpose of the surety is to ensure compliance with the approved plans. The surety may be called for any item(s) pertaining to non-compliance with the approved plans.
MOTION CARRIED UNANIMOUSLY.
MOTION by V. Gregoropoulos, SECOND by L. Steinbrecher to approve the request for an additional 90 days to file SPEC #06-038. MOTION CARRIED UNANIMOUSLY.
B. SPEC #07-021 (Home Occupation) Application of Kenneth E. Hellman, 403 Denison Hill Road, North Stonington CT 06359 to provide to the public horse drawn cart rides on property located at 403 Denison Hill Road, North Stonington, CT 06359. Tax Map #49/2754, Lot #86/5363
(PH set to open on 3/08/07; Received on 2/08/07 & PH must close on or by 4/10/07)
C. RC #06-205 (Regulation Change) Application of Milltown Commons, L.L.C., P.O. Box 183, North Stonington, CT 06359 for a text amendment to establish design development districts containing mixed uses. (APPLICANT HAS WITHDRAWN THIS APPLICATION)
Secretary Steinbrecher stated there is no action needed on Items B and C.
7. NEW APPLICATIONS:
SP #07-040 (Site Plan) Application of Perry K. Lorenz, 7 Lorenz Parkway, Ledyard, CT 06339 for modifications to existing site plan (no additions) for property located on Route 2 approximately 1600 ft. north of the intersection with Route 617 and 95 south on-ramp at Exit 92. Tax Map #122/2741, Lot #54/2529 & 6105. (Commission to receive on 3/08/07 & must act on or by 5/10/07)
Secretary Steinbrecher read the application into the record.
The Commission set their review on this application for April 5, 2007
8. SENIOR PLANNING & ZONING OFFICIAL’S REPORT/ISSUES:
9. NEW BUSINESS:
10. OLD BUSINESS:
A. SUB #06-085, SPEC #06-086 & SPEC-APZ #06-088 (Shunock River Estates II) Application of Joseph Mascaro, Raymond Trebisacci, Stephen Reck & Steven Bossie, 53 Oshwigochie Hills Road, Niantic, CT 06357 for approved Special Permit Subdivision, located behind 126 Babcock Road, one mile east on Babcock Road from the intersection of Wyassup Road and Babcock Road. The property is located on the South side of Babcock Road. Tax Map #110/2742, Lot #31/8197 request for a 90-day extension for the filing of the above approval. (ACTION NEEDED)
Secretary Steinbrecher read the application into the record.
Seated: R. Stewart, V. Gregoropoulos, L. Steinbrecher, A. Nalwalk, E. Boissevain
MOTION by V. Gregoropoulos, SECOND by L. Steinbrecher to approve the request for an additional 90 days to file SUB #06-085, SPEC #06-086 & SPEC-APZ #06-088. MOTION CARRIED UNANIMOUSLY.
B. RC #07-031 (Regulation Change) Application of STPR Realty Development Group, L.L.C., c/o Atty. Thomas J. Londregan, 38 Huntington Street, New London, CT 06320 to amend the Town of North Stonington Zoning Regulations to add new Section 307 that would allow for the creation of floating zones for age-restricted cluster housing on parcels containing a minimum of 90 contiguous acres. (NO ACTION NEEDED; PH set to open on 5/03/07; Received on 3/01/07 & PH must close on or by 6/05/07)
Secretary Steinbrecher stated no action was needed on Item B.
11. PLANNING ISSUES & DISCUSSION:
A. Shunock River Non-Infringement Area ERT Study (Correspondence #3)
Vice-Chairman Gregoropoulos stated the Commission needed to decide what parcels they would like the ERT committee to go on and get permission from the property owners. D. Schweitzer would look at the Assessor’s maps and determine what lots would be appropriate.
B. NEMO Task Force Update
Vice-Chairman Gregoropoulos stated that NEMO has our Regulations and is reviewing them.
12. CORRESPONDENCE:
The Commission went over the correspondence in their packets.
13. REVIEW MINUTES:
Review minutes of Executive Session and Regular Meeting of 3/08/07.
MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to approve the Executive Session and the Regular Meeting minutes of 3/08/07 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
14. ADJOURNMENT:
MOTION by V. Gregoropoulos, SECOND by A. Nalwalk to adjourn the meeting at 9:35 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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