North Stonington, CT - Planning and Zoning Board Approved Minutes for 2/08/2007

Planning and Zoning Board Approved Minutes for 2/08/2007

Town of

North Stonington, CT

PLANNING & ZONING COMMISSION

REGULAR MEETING

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

New Town Hall

Conference Room

40 Main Street

North Stonington, CT 06359

Minutes Approved ~ March 1, 2007

1. CALL MEETING TO ORDER: Chairman G. Russell called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, February 8, 2007 at 7:00 p.m. at the New Town Hall, Conference Room.

COMMISSIONERS PRESENT: G. Russell Stewart, III, Chairman, Vilma Gregoropoulos, Vice-Chairman, Louis E. Steinbrecher, Secretary, Elaine Boissevain and Alternate Members Duncan Schweitzer and Susan Grufstedt

COMMISSIONERS ABSENT: Alternate Member Charles Elias and Anne Nalwalk

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: None

4. PUBLIC HEARINGS:

A. SPEC #07-005 (Special Permit) Application of Kidds & Company, L.L.C., 172 Providence-New London Turnpike, North Stonington, CT 06359 for a Child Daycare Facility on property located at 172 Providence-New London Turnpike, located about ¼ mile west of Route 2 rotary, North Stonington, CT 06359 Tax Map #121/2741, Lot #25/7483

(PH opened on 2/01/07 & continued to 2/08/07; Received on 1/04/07 & PH must close on or by 3/06/07)

Secretary Steinbrecher read the application into the record.

Seated: R. Stewart, V. Gregoropoulos, L. Steinbrecher, S. Grufstedt seated for A. Nalwalk

Brian Long of CLA Engineering went over the revised plans and the changes that included a landscaping strip, over flow parking area, a note regarding the hours of operation, and the extension of the landscaping along the western boundary of the property to further buffer the next door neighbors.

ZEO Grimord stated that all of the plan corrections have been made and the report from the Inland Wetlands Commission approving this application has been submitted.

Chairman Stewart asked if there were any questions or comments from the public pertaining to this application. There were none.

Chairman Stewart asked if there was anyone from the public speaking in favor of this application. There were none.

Chairman Stewart asked if there was anyone from the public speaking against this application. There were none.

MOTION by V. Gregoropoulos, SECOND by S. Grufstedt to close the Public Hearing on SPEC #07-005. MOTION CARRIED UNANIMOUSLY.

B. 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. (PH set to open on 2/08/07; Received on 12/14/06 & PH must close on or by 3/13/07)

Secretary Steinbrecher read the application into the record.

Seated: R. Stewart, V. Gregoropoulos, L. Steinbrecher, E. Boissevain, D. Schweitzer

Secretary Steinbrecher read a letter from the applicant requesting a continuance of the Public Hearing.

Mr. Rabbitt stated that staff is working with the applicant and it would be premature to discuss the magnitude of the revisions before they were ready. Mr. Rabbitt stated that the revisions may be substantial so that the initial application in its present form may not go forward.

Vice-Chairman Gregoropoulos stated that the way the continuance letter was written, she was concerned that the public might get the idea that the staff is helping to write the proposed text amendment

ZEO Grimord stated that Staff is working with the applicant to guide them towards a text amendment that they believe the staff can support.

Chairman Stewart asked if there was anyone from the public who had a question on the hearing process. The following people spoke:

Arthur Jerbert, had an issue with the Public Hearing being advertised on the agenda as opening this evening & now it is being continued.

Madeline Jeffery had a question on the hearing dates and was concerned about staff input with the applicant.

Tim Crandall, asked if there has been a workshop on this application

Steven Reck, was concerned with staff input with the applicant on this application. If staff is giving them feedback, then the applicant would be led to believe the staff is supporting the proposal.

MOTION by E. Boissevain, SECOND by L. Steinbrecher to continue the Public Hearing on RC #06-205 to March 8, 2007. MOTION CARRIED.

Opposed: V. Gregoropoulos

C. RC #07-010 (Regulation Change) Application of the North Stonington Planning & Zoning Commission, 40 Main Street, North Stonington, CT 06359 to modify Section 703.2(b) pertaining to Special Permit procedures and Appendix C, State & Town Road List; and to delete Section 503.4, pertaining to Minimum Lot Area & Section 509, Development Flexibility for Open Space Preservation of the Zoning Regulations. (PH set to open on 2/08/07; Commission received on 1/11/07 & PH can close at Commission discretion)

Secretary Steinbrecher read the application into the record.

Seated: R. Stewart, V. Gregoropoulos, L. Steinbrecher, E. Boissevain, S. Grufstedt seated for A. Nalwalk

Secretary Steinbrecher read a letter from the Board of Selectmen into the record supporting this proposal.

ZEO Grimord stated that the Commission discovered problems with Section 509 in how the conservation development regulations can be used in a way that had not been anticipated by the Commission.

Mr. Rabbitt also touched on the need to repeal this regulation and stated that SCCOG has reviewed this proposal and has determined that the proposed text amendment to delete Section 509 would not have any adverse inter-municipal impact.

Chairman Stewart asked if there were any questions or comments from the public pertaining to this application.

Tim Crandall was concerned that the Town is without Conservation Subdivision Regulations.

Robert Mitchell agrees with Commission 100% to repeal Section 509.

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:

Tim Crandall

MOTION by V. Gregoropoulos, SECOND by E. Boissevain to close the Public Hearing on RC #07-010. MOTION CARRIED UNANIMOUSLY.

5. COMMISSION REVIEW: None

6. PENDING APPLICATIONS:

(PH opened on 2/01/07 & continued to 2/08/07; Received on 1/04/07 & PH must close on or by 3/06/07)

Secretary Steinbrecher read the application into the record.

Seated: R. Stewart, V. Gregoropoulos, L. Steinbrecher, S. Grufstedt

The Planning & Zoning Commission has reviewed and held a Public Hearing for the referenced application for a Special Permit Daycare Facility in the OR Zone. The Commission has acted in the following manner on the application submitted:

A. A waiver to Section 808.4 requiring paved walkways: The Commission may require a paved walkway the full width of the planting strip, 4 feet wide and set back 10 feet from the edge of the roadway where pedestrian traffic is likely.

MOTION by V. Gregoropoulos, SECOND L. Steinbrecher to approve the waiver to Section

808.4 requiring paved sidewalks for the following reasons: Sidewalks do not exist anywhere in this area. If sidewalks are required in the future they would be located within the State Right of Way. MOTION CARRIED UNANIMOUSLY.

B. A waiver to Section 808.6 requiring a driveway width of 30’ for two-way traffic: Driveways shall be provided with an all-weather surface and shall be 30 feet wide for two-way traffic and 15 feet wide for one-way traffic.

MOTION by V. Gregoropoulos, SECOND by L. Steinbrecher to approve the waiver request to Section 808.6 to reduce the driveway width from 30’ to 24’ for the following reasons: The Fire Chief has stated in his memo of 1/20/07 that a 24’ wide driveway width is adequate for apparatus access. The Commission also strives to reduce the amount of new impervious surfaces whenever possible as long as the public safety will not be jeopardized, and the proposed width is in keeping with the general widths of roads in the Town. MOTION CARRIED UNANIMOUSLY.

The Commission has reviewed the submitted materials and plans titled: Site Plan, KIDDS & COMPANY DAYCARE, 172 Providence-New London Turnpike (Route 184), Town of North Stonington, Ct. sheets 1-3 & A-1-3 revised 2/06/07. The plans indicate a general compliance with the specific special permit criteria outlined in Section 714 of the Regulations in that:

Section 714.2: The parcel is 248,210 Sq. Ft or 5.70 acres. An existing Single-Family residential use currently occupies the site. This use is proposed to co-exist with the proposed use. The regulations require 3 acres for the daycare use and 2 acres for the residential use. The site complies with this requirement.

Section 714.3: The applicant has provided for separate parking for the employees. A pick-up and drop-off parking area for 12 vehicles is also provided proximate to the building. The proposed access drive is sufficiently long enough to accommodate 12 additional vehicles should any “stacking” of vehicles occur during peak times of drop-off or pick-up. The applicant has also indicated on the plans an area for overflow parking for the occasional special events that may be held at the facility.

Section 714.4: The required minimum 25’ buffer area around the lot has been designed into this proposal.

Section 714.5: The site abuts an existing residential use to the West. The applicant has shown proposed landscape plantings along this boundary and a stockade fence approximately 12’ in from the property line to provide sound absorption and/or reflection. The play area is located on the east side of the proposed building to further alleviate the effects of playground noise disturbing the westerly neighbors. The parcel immediately to the East of the site is currently undeveloped.

MOTION by V. Gregoropoulos, SECOND by L. Steinbrecher to approve application SPEC #07-005, application of Kidds & Company, LLC for a Daycare Facility at 172 Providence-New London Turnpike, in the OR Zone with the following plan corrections and conditions:

MOTION CARRIED UNANIMOUSLY.

Conditions of approval:

1. A copy of the DOT Encroachment Permit is to be submitted when application is made for a Zoning Compliance Permit to construct the facility.

2. A copy of the State of Connecticut Child Care License is to be submitted when application is made for a Zoning Compliance Permit to construct the facility. Copies of subsequent license renewals are to be submitted to the land use office for the file.

3. Zoning Compliance Permits are to be obtained for all proposed signs.

The Commission has based this decision on the following findings per Section 702 of the Zoning Regulations:

702.1 In reviewing applications and Site Plans for Special Permits, the Commission shall seek to determine the impact of the proposed use and/or structures on the site and the surrounding area. The Commission shall consider the following criteria in reviewing the application:

a. That the proposal is adequately served by a sufficient water supply, and the sanitary facilities will function without pollution.

New primary and reserve wells are proposed to service the facility and a separate code compliant septic system is to be constructed for the use.

b. That the public is fully protected by fire, safety, and security equipment; and that the use and/or structure is designed to eliminate hazards.

The Fire Chief has reviewed and commented on the proposal. The use must meet the State requirements for Day Care facilities, and the Building is required to meet building and fire code requirements.

c. That transportation services are adequate and no traffic congestion or undue traffic generation will result that would cause a deleterious effect on the local welfare or the safety of the motoring public.

A new access drive is proposed to access the facility and the existing residence. A sight line plan and profile has been provided for this new access that demonstrates adequate site lines for cars entering or leaving the facility based on the posted speed for the road. The Department of Transportation must issue and approve a permit for the construction of this new access drive. The existing drive, that currently services the residence, is to be discontinued and the area re-graded and landscaped per the DOT requirements. The DOT has evaluated the potential traffic generation of the use and has not required any special mitigating features.

d. That the use and/or structure will be in harmony with the appropriate and orderly development of the zoning district in which it is proposed to be situated, and that it will not be noxious, offensive, or detrimental to the area by reason of odors, fumes, dust, noise vibrations, or appearance.

The proposed use is located on a parcel near the “edge” of the OR & R-40 Zones on Route 184. The proposed use will act as a transitional, less intensive use with less impact to the abutting residential zone than other uses permitted as of right in the OR Zone. Potential noise from the playground area has been mitigated in the design and location of the play area and the implementation of a sound absorption/reflection buffer (Per Section 714.5) adjacent to the existing abutting residential use. Site lighting is the minimum necessary to provide for safe use of the facility and complies with the regulations. The construction of a stockade fence and buffer/screening plantings along the western boundary adjacent to the western residential use should mitigate noise and light trespass from the headlights of arriving and parking vehicles.

e. That no adverse effect will result to the character of the district, property values, historic features, or prosperity of the neighborhood or Town.

No adverse effects are anticipated with this use. The use will provide a valuable and needed service to the community.

f. That no deleterious impact on environmental resources will result.

Less than an acre of land area is proposed to be disturbed with this proposal. No environmental impacts have been raised.

g. That nothing will impair the public health, safety, and welfare of the people of the Town of North Stonington.

No impacts to the public health and safety are foreseen. The use will require Public Health approval and State Daycare approval.

h. That the proposed use and structure conforms to all requirements of the zoning district in which it will be located.

The Commission has reviewed the plans and submitted materials for this proposal for compliance with the specially permitted uses of the OR Zone and the specific use as a Day Care Facility under section 714 of the Zoning Regulations. The Site Plan, with the conditions noted and the granting of the requested waivers, has been determined to be in compliance with the Zoning regulations.

i. That all applicable regulations (State, Federal, and local) have been complied with, satisfying all design, procedural, and review requirements.

The approval of this application is conditioned on the applicant obtaining and complying with the requirements of a State DOT Encroachment Permit for the construction of the proposed access drive and to obtain the required State Daycare License prior to applying for a Zoning Compliance Permit to begin construction of the facility. The facility must meet health, fire and building code requirements before a Certificate of Occupancy can be issued.

j. That the proposed use and/or structure is consistent with the Town Plan of Development.

The proposed use and location is in an existing Office/Research Zone and provides for a “mixed” type use in that there will be a residential use associated with the property. The proposed use will have “high value” and “low impact” to the residents of the town in that it will provide a valuable and much needed service to the residents and also provide jobs.

Design Review of the Structure per Section 808.12-f (1-7)

The Commission has found that the proposed 1-story structure is well within the scale of existing buildings located within 500’ of the site. The structure has been designed and will be constructed of materials to reflect a typical New England style barn and be compatible with the type of structures usually associated with a “community residential use” and will blend well with the adjacent residential uses in the area.

Bonding per Section 804.

A combined bonding estimate for site work, E&S, parking & access, walkways, landscaping and other site improvements, other than the building, has been estimated for bonding purposes at $30,190.00

MOTION by L. Steinbrecher, SECOND by S. Grufstedt is made to accept the bond estimate in the amount of $30,190.00 to guarantee completion of the public improvements proposed with this application, E&S and landscaping. MOTION CARRIED UNANIMOUSLY.

Secretary Steinbrecher stated that no action is needed on Item B.

Secretary Steinbrecher read the application into the record.

Seated: R. Stewart, V. Gregoropoulos, L. Steinbrecher, E. Boissevain, S. Grufstedt seated for A. Nalwalk

AMENDED MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to approve RC #07-010 with the effective date of the day after publication. MOTION CARRIED UNANIMOUSLY.

7. NEW APPLICATIONS:

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

(Receive on 2/08/07 & Commission to set for PH on or by 4/12/07)

The Commission set the Public Hearing on this application for 3/08/07.

8. SENIOR PLANNING & ZONING OFFICIAL’S REPORT/ISSUES:

9. NEW BUSINESS: None

10. OLD BUSINESS:

A. RC #07-001 (Regulation Change) Application of Ann Renehan, P.O. Box 695, Southport, CT 06890 to amend the Town of North Stonington Zoning Regulations to create a new Section 729-Membership Club-Sports as a Specially Permitted use in the R-40, 60, 80 and OR Zones. This proposal lists accessory uses, land requirements, residential requirements, and other regulatory requirements for the use. (NO ACTION NEEDED; PH set to open on 3/01/07; Received on 1/04/07 & PH must close on or by 4/03/07)

Secretary Steinbrecher read a letter into the record from the applicant withdrawing their application.

B. 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 (NO ACTION NEEDED; PH set for 3/01/07; Received on 2/01/07; & PH must close on or by 4/03/07)

Secretary Steinbrecher stated that no action is needed on Item B.

11. PLANNING ISSUES & DISCUSSION:

NEMO Task Force Update

Vice-Chairman Gregoropoulos discussed the NEMO meeting that was held on February 5, 2007.

12. CORRESPONDENCE:

The Commission went over the correspondence in their packets.

13. REVIEW MINUTES:

Review minutes of Workshop & Regular Meeting of 2/01/07.

MOTION by L. Steinbrecher, SECOND by S. Grufstedt to approve the Workshop and Regular Meeting minutes of 2/01/07 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.

14. ADJOURNMENT:

MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to adjourn the meeting at 9:12 p.m. MOTION CARRIED UNANIMOUSLY.

Respectfully Submitted,

Cheryl Konsavitch, Administrative Assistant

Planning & Zoning Office