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Planning and Zoning Commission Approved Minutes for 11/08/2007
 



Town of

 

North Stonington, CT

 

PLANNING & ZONING COMMISSION



 
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REGULAR MEETING


 

THURSDAY, NOVEMBER 8, 2007 – 7:00 P.M.

 

New Town Hall

Conference Room

40 Main Street

North Stonington, CT  06359

 

 

Minutes Approved ~ December 6, 2007

 

1.    CALL MEETING TO ORDERChairman Stewart called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, November 8, 2007 at 7:05 p.m. at the New Town Hall, Conference Room. 

 

COMMISSIONERS PRESENTG. Russell Stewart, III, Chairman, Vilma Gregoropoulos, Vice-Chairman, Louis Steinbrecher, Secretary, Anne Nalwalk (arrived at 7:12 p.m.), Elaine Boissevain and Alternate Members Duncan Schweitzer, Susan Grufstedt (arrived at 7:10 p.m.) and Joseph Siner    

    

COMMISSIONERS ABSENTNone 

 

 STAFF PRESENTSr. Planner & Zoning Official Craig Grimord, Administrative Assistant Cheryl Konsavitch, Contracted SCCOG Planner, Jamie Rabbitt and P&Z Attorney Michael Carey

 

2.  ADDITIONS TO THE AGENDANone 

 

3.  PUBLIC COMMENT

 

Mac Turner informed the Commission of an upcoming Seminar.

 

4.  COMMISSION REVIEW:

 

5.  PUBLIC HEARINGSNone 

 

MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to amend the agenda to go to New Applications.  MOTION CARRIED UNANIMOUSLY.

 

 

7.  NEW APPLICATIONS

 

A.  RC #07-169 (Regulation Change) Application of the Planning & Zoning Commission, New Town Hall, 40 Main Street, North Stonington, CT  06359 to amend the Town of North Stonington Zoning Regulations for a moratorium to Sections 403.1 (all uses), Section 403.2 (all uses), Section 403.4 (all uses) and Section 403.5 (all uses) (Commission to receive on 11/08/07 & set for PH on or by 1/10/08)

 

The Commission set the Public Hearing on RC #07-169 for December 6, 2007.

 

B.  RC #07-170 (Regulation Change) Application of the Planning & Zoning Commission, New Town Hall, 40 Main Street, North Stonington, CT  06359 to amend the Town of North Stonington Subdivision Regulations for a moratorium to Sections 1 thru 9.   (Commission to receive on 11/08/07 & set for PH on or by 1/10/08)

 

The Commission set the Public Hearing on RC #07-170 for December 6, 2007.

 

The Commission discussed the regulation changes.

 

MOTION by L. Steinbrecher, SECOND by E. Boissevain to amend the agenda to go to Item C under Pending Applications and then back to A.  MOTION CARRIED UNANIMOUSLY.

 

6.  PENDING APPLICATIONS:  

 

C.  RC #07-074 (Regulation Change) Application of Milltown Commons, L.L.C., P.O. Box 183, North Stonington, CT  06359 amend the Town of North Stonington Zoning Regulations to create a “new” Section 409 to include regulatory language for the creation of New England Village Special Design Districts, and to modify existing Section(s) 304, 401, 501, 701 and Appendix “A” to conform to the new regulations.   (PH opened on 6/14/07 & continued to & closed on 8/02/07; Received on 5/10/07 & Commission must act on or by 11/22/0-extension granted)

 

Secretary Steinbrecher read the application into the record.

 

Seated:  R. Stewart, V. Gregoropoulos, L. Steinbrecher, A. Nalwalk, E. Boissevain

 

Mr. Rabbitt handed the Commission requested revisions to the proposed regulation change and went over with the Commission.

 

The Commission discussed the revisions.

 

MOTION by E. Boissevain, SECOND by L. Steinbrecher to approve application RC #07-074

as it represents the best use of that land/location.  It promotes compact development in an appropriate location as an alternate to large lot subdivision and strip commercial.  Surrounding properties are not likely to be adversely affected. 

 

In reviewing the proposal for consistency with the Plan of Conservation and Development the following reasons are stated:

 

1.  The proposal would allow for a diversity of housing types from apartments and townhouses to single-family homes for an economically diverse population.

 

2.  The proposal would have a village atmosphere and should be attractive to seniors as there will be convenience and personal service facilities within walking distance.

 

3.  It will enhance the rural attributes in the Town by not encroaching on the rural areas of Town.

 

4.  The Mixed Use village proposal could provide residents with employment opportunities, and provide the type of retail offerings that the residents of the Town would desire.  The proposal would provide significant tax revenues that would require little if any Town services.

 

5.  The proposal will allow the Commission flexibility for controlling development in the area surrounding the rotary.  Existing buildings in this area can be renovated to accommodate new uses.

 

6.  The proposed regulation gives the Commission the ability to demand “High Quality” commercial development. It requires access to both Route 2 and Route 184, thus providing a mean to minimize traffic impacts to Route 2 and to provide alternative emergency traffic flow around the rotary per the access management plan.

 

7.  This proposal satisfies nearly all of the criteria in the Plan of Conservation and Development.  If approved, it would allow for a mixed use, pedestrian oriented village with a multitude of Commission approved uses, diverse housing types and ready access to I-95.  This proposal accomplishes this goal.

 

The Commission considered the following findings when making their decision:

 

       1.      The proposal addresses the public safety from fire, panic, flood and other dangers.

 

       2.       The proposal effects on the health and general welfare of the community.

 

       3.       The proposals effects on the population in regards to density and overcrowding.

 

       4.       It will have adequate provisions in the master plan for transportation, water, sewerage, schools, parks and other public requirements.

 

       5.       Reasonable consideration been made as to the character of the district and the suitability for particular uses with a view to conserving the value of the existing buildings and land and encourage the most appropriate use of the land.

 

      6.        It has no detrimental impacts on agriculture in the area.

 

      7.        The protection of historic features and structures has been considered.

 

          8.    The protection of existing and potential public surface and ground drinking water supplies will be considered in the master plan.

 

MOTION CARRIED.

 

In Favor:  R. Stewart, L. Steinbrecher, E. Boissevain

 

Against:  V. Gregoropoulos, A. Nalwalk

 

MOTION by L. Steinbrecher, SECOND by E. Boissevain to approve application RC #07-074 with the effective date of November 19, 2007.  MOTION CARRIED

 

In Favor:  R. Stewart, L. Steinbrecher, E. Boissevain

 

Against:  V. Gregoropoulos, A. Nalwalk

 

A.  RC #07-060 (Regulation Change) Application of Garden Court, L.L.C., c/o James Ruskowski, 1420 Route 169, Woodstock, CT  06281 to amend the Town of North Stonington Zoning Regulations to add new Housing Opportunity Development or “HOD” overlay district regulations.  The regulations apply to housing development in which, for at least 40 years after initial occupancy of units within the proposed development, (1) not less than 15% of the dwelling units will be sold or rented as units of affordable housing, as defined in Conn. Gen. Stat. 8-30g, for persons or families whose income is less than or equal to 80% of the area or statewide median income, whichever is less; and (2) not less than 15% of the dwelling units will be sold or rented as units of affordable housing, for persons or families whose income is less than or equal to 60% of the area or statewide median income, whichever is less.   (PH opened on 7/05/07 & continued to 8/09/07, 8/30/07, 9/20/07, 9/27/07 & 10/11/07 (extension granted); Received on 5/03/07 & PH must close on or by 10/11/07)

 

Secretary Steinbrecher read the application into the record.

 

A. Nalwalk recused herself as she would no longer be a member of the Commission at the next meeting.

 

Seated:  R. Stewart, V. Gregoropoulos, L. Steinbrecher, E. Boissevain, J. Siner

 

Mr. Rabbitt stated that he or Atty. Carey had no prepared written comment for this evenings meeting. 

 

The Commission tabled deliberations on RC #07-060 to 12/06/07.

 

B.  ZC #07-061 (Zone Change) Application of Garden Court, L.L.C., c/o James Ruskowski, 1420 Route 169, Woodstock, CT  06281 to amend the Town of North Stonington Zoning Map to add new Housing Opportunity Development or “HOD” overlay zone.  The proposed zone consists of two parcels identified as Map/Block/Lot #118/2751/49/3006 & #119/2751/59/9950, totaling 97+/- acres of land.  Located on the West side of Boom Bridge Road, North of I-95 and East of Cranberry Bog Road, approximately 1000’ south of the intersection of Boom Bridge Road and CT Rte. 184.    (PH opened on 7/05/07 & continued to 8/09/07, 8/30/07, 9/20/07, 9/27/07 & 10/11/07 (extension granted); Received on 5/03/07 & PH must close on or by 10/11/07)

 

Secretary Steinbrecher read the application into the record.

 

A. Nalwalk recused herself as she would no longer be a member of the Commission at the next meeting.

 

 

Seated:  R. Stewart, V. Gregoropoulos, L. Steinbrecher, E. Boissevain, J. Siner

 

Mr. Rabbitt stated that he or Atty. Carey had no prepared written comment for this evenings meeting. 

 

The Commission tabled deliberations on RC #07-060 to 12/06/07.

 

D.  RC #07-115 (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.            (PH to opened on 9/06/07 & continued to 9/13/07 & 10/11/07; Received on 7/05/07 & PH must close on or by 12/13/07)

 

Secretary Steinbrecher read the application into the record.

 

Seated:  R. Stewart, V. Gregoropoulos, L. Steinbrecher, A. Nalwalk, E. Boissevain

 

The Commission discussed the regulation change.

 

MOTION by L. Steinbrecher, SECOND by A. Nalwalk to deny application RC #07-115.  MOTION CARRIED UNANIMOUSLY.

 

The Commission instructed Staff to write a letter to the applicant saying that while the application was denied because the floating zone covered too broad an area.  The need for the requested density was not justified during the hearings.  The notion of putting Senior Housing in the area desired by the applicant would be looked at during the moratorium.

 

E.  RC #07-139 (Regulation Change) Application of Clarks Falls Environmental Trust to amend Sections 403.4 & 403.5 of the Town of North Stonington Zoning Regulations to change the uses of Motor Vehicle Service Station, Wholesale Distributor and Truck Terminal from permitted uses in the Highway Commercial Zone to Specially Permitted uses.  (PH scheduled to open on 11/01/07; Received on 9/13/07 & PH must close on or by 12/04/07)

 

Secretary Steinbrecher read the application into the record.

 

Seated:  R. Stewart, V. Gregoropoulos, L. Steinbrecher, A. Nalwalk, E. Boissevain

 

The Commission discussed the regulation change and modified it to exclude Wholesale Distributor.

 

Amended MOTION by V. Gregoropoulos, SECOND by A. Nalwalk to approve application RC #07-139 with modifications to exclude Wholesale Distributor with the effective date of November 19, 2007. MOTION CARRIED.

 

In Favor:  V. Gregoropoulos, L. Steinbrecher, A. Nalwalk

 

Opposed:  R. Stewart, E. Boissevain

 

The Commission stated the reasons for modifying and approving this regulation change is to allow the Commission more control and the Plan of Conservation and Development refers to upgrading the uses in the HC Zone and this would allow the Commission to do so.

 

8.   SENIOR PLANNING & ZONING OFFICIAL’S REPORT/ISSUESNone

 

9.   NEW BUSINESS

 

10. OLD BUSINESS:  

 

A.  SPEC #07-149 (Duplex Residence) Application of Gary J. Winalski, 9 Heritage Drive, Stonington, CT  06378 for a Special Permit to construct a Duplex Residence on property located at 152 Wyassup Road, property of Henry Han, North Stonington, CT  06359.  Map #95, Parcel #6223.                         (NO ACTION NEEDED; PH scheduled to open on 12/06/07; Received on 10/04/07 &  PH must close on or by 1/08/08)

 

B.  SPEC #07-155 (Shunock Estates II) ) Application of Joseph Mascaro, Raymond Trebisacci, Stephen Reck & Steven Bossie, 53 Oshwigochie Hills Road, Niantic, CT  06357 for a modification of an approved Special Permit (#06-085) to allow an upgrade of the existing wetlands crossing to allow for the construction of a covered bridge on property 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              

(NO ACTION NEEDED; PH scheduled to open on 12/06/07; Commission received on 10/11/07 & PH must close on or by 1/08/08)

 

C.  SUB #07-125 (Babcock Ridge Subdivision) Application of Concord Equity Group, L.L.C., c/o Dana Barnes, 16 William F. Palmer Road, Moodus, CT  06469 for a 9-lot subdivision, property of Heirs of Thurman Main for property located on Babcock Road, North Stonington, CT  06359.  Map #110, Parcel #3901      (NO ACTION NEEDED; PH scheduled to open on 12/13/07; Commission received on 10/11/07 & PH must close on or by 1/15/08 )

         

11.  PLANNING ISSUES & DISCUSSION:   

 

ZEO requested permission from the Commission to refer Mr. Abbotts to the Attorney for violation of a Special Permit.

 

The Commission consensus was to refer Mr. Abbots to the Commission Attorney.

 

12.  CORRESPONDENCE   

 

The Commission went over the correspondence in their packets. 

 

13.  REVIEW MINUTES:      

 

Review minutes of the Workshop and Regular Meeting of 11/01/07

 

MOTION by V. Gregoropoulos, SECOND by E. Boissevain to approve the minutes of Workshop and Regular Meeting minutes of 11/01/07 with the necessary corrections.  MOTION CARRIED UNANIMOUSLY.

14.  ADJOURNMENT:

 

MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to adjourn the meeting at 10:44 p.m.  MOTION CARRIED UNANIMOUSLY.

 

Respectfully Submitted,

 

 

 

 

Cheryl Konsavitch, Administrative Assistant

Planning & Zoning Office