Town of North Stonington, CT PLANNING & ZONING COMMISSION
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REGULAR MEETING
THURSDAY, SEPTEMBER 13, 2007 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
Draft Minutes
1. CALL MEETING TO ORDER: Chairman Stewart called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, September 13, 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 Steinbrecher, Secretary, Anne Nalwalk, Elaine Boissevain and Alternate Members Duncan Schweitzer and Joseph Siner
COMMISSIONERS ABSENT: Alternate Member Susan Grufstedt
STAFF PRESENT: Sr. Planner & Zoning Official Craig Grimord, Administrative Assistant Cheryl Konsavitch, Contracted SCCOG Planner, Jamie Rabbitt and P&Z Attorney Michael Carey
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC COMMENT:
Diana Urban, Babcock Road and State Representative stated she has had several inquiries about alternates speaking during deliberations. Ms. Urban stated that it is a very unclear area of the law and their have been two trial court decisions which are not even in writing. Ms. Urban stated there is no case law on the role of the alternates speaking during deliberation. Ms. Urban stated that by allowing the alternates to speak the person who is aggrieved could sue the Planning & Zoning Commission and by not allowing the alternates to speak, someone else aggrieved by the alternates not speaking can sue the Planning & Zoning Commission. Ms. Urban stated that in the next session she plans on clarifying the intent of the statue.
Shawn Murphy commented on floating zones and that the Commission needs to adhere to their Plan of Conservation and Development rather than be in a reactionary mode.
Atty. Phillip Walker stated the Commission needs to revisit their Plan of Conservation and Development.
Pat Lewis asked that the Commission review their regulations pertaining to sewer, water and lot size.
4. COMMISSION REVIEW:
Review of revised zoning map
Marc Tate, GIS/IT Coordinator reviewed the revisions to the zoning map that the Commission made from their September 6, 2007 meeting. Mr. Tate will incorporate the revisions and review them with the Commission at their 10/04/07 meeting.
5. PUBLIC HEARINGS:
A. 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; Received on 7/05/07 & PH must close on or by 10/09/07)
Secretary Steinbrecher read the application into the record.
Seated: L. Steinbrecher, A. Nalwalk, R. Stewart, E. Boissevain, V. Gregoropoulos
Atty. Thomas Londregan representing STPR Realty and Gene Paulin, one of the principal’s were present for this application.
Atty. Londregan submitted for the record (Exhibit A) excerpts from the Plan of Conservation and Development and went over the proposed regulation change with the Commission.
The Commission asked questions of the proposed regulation change.
Chairman Stewart asked if there were any questions or comments in favor of this application from the public. There were none.
Chairman Stewart asked if there were any questions or comments from the public against this application. The following people spoke.
Mac Turner
Nita Kincaid
Ann Renehan
Pat Turner
Madeline Jeffery
Brian Kalan
Nick Mullane, 1st Selectman
Kerri Perez
Jeff Hall
Shawn Murphy
Jeff Nelson
Robin Hall
Atty. Walker
The Commission requested an extension from the applicant to continue the Public Hearing on this application.
Atty. Londregan read a letter granting an extension into the record.
MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to accept the letter of extension. MOTION CARRIED UNANIMOUSLY.
MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to continue the Public Hearing on RC #07-115 to October 11, 2007. MOTION CARRIED UNANIMOUSLY.
B. 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. (NO ACTION NEEDED; PH opened on 7/05/07 & continued to 8/09/07, 8/30/07 & 9/20/07 (extension granted); Received on 5/03/07 & PH must close on or by 10/11/07)
C. 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. (NO ACTION NEEDED; PH opened on 7/05/07 & continued to 8/09/07, 8/30/07 & 9/20/07 (extension granted); Received on 5/03/07 & PH must close on or by 10/11/07)
6. PENDING APPLICATIONS:
A. 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 10/04/07)
Secretary Steinbrecher read the application into the record.
Seated: A. Nalwalk, L. Steinbrecher, E. Boissevain, R. Stewart, V. Gregoropoulos
The Commission deliberated on this application.
B. RC #07-106 (Regulation Change) Application of John Turner, 37 Main Street, North Stonington, CT 06359 to amend the Town of North Stonington Zoning Regulations to repeal the regulations in Section 403.5 pertaining to Film & TV Studios, Film & TV Studio Entertainment Facilities, Theaters, Performing Arts Schools and Accessory Retail Stores, from the list of uses Specially Permitted in the Industrial Zone off Route 49, south of I-95 and to remove the associated definitions from Appendix “A”. (PH opened on
9/06/07 & closed; Received on 7/05/07 & Commission must act on or by 11/08/07)
Vice-Chairman Gregoropoulos read the application into the record.
Seated: A. Nalwalk, V. Gregoropoulos, R. Stewart, E. Boissevain, L. Steinbrecher
Vice-Chairman Gregoropoulos read the following preamble into the record.
The Commission has reviewed the testimony given at the Public Hearing and read the review from the Regional Planning Authority (SCCOG). The proposal to remove certain uses Specially Permitted in the Industrial Zone should have no effect on public health and safety and will not change the character of the district. It has been determined that Film & Television Studios for Production are a form of Light Manufacturing that is currently a Specially Permitted Use in the Industrial Zone and is not adequately addressed in the appendix definition of Light Manufacturing and therefore requires a separate definition. This use is consistent with the POCD goal of attracting high value, low impact businesses.
MOTION by V. Gregoropoulos, SECOND by A. Nalwalk to MODIFY RC #07-106 to delete from Section 403.5 the following uses:
1. Film & Television Studio Entertainment Facilities
2. Theaters
3. Performing Arts School
4. Accessory Retail Stores associated with Film & Television Studios for production.
To DELETE from Appendix A the following definitions:
5. Film & Television Studio Entertainment Facilities
6. Performing Arts School
To MODIFY the Film & Television Studios for production use, as a Specially Permitted (foot note #3) use in the Industrial Zone, to delete “of a size greater than 10,000 square feet.”
To MODIFY foot note #3 of Section 403.5 to delete the reference to a Planned Business Development requirement and read as follows: “Within 2,500 feet of the southern boundary of the Interstate I-95 right-of-way and contain a minimum of 200 acres of land.” MOTION CARRIED UNANIMOUSLY.
C. 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; Received on 7/05/07 & PH must close on or by 10/09/07)
D. 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. (NO ACTION NEEDED; PH opened on 7/05/07 & continued to 8/09/07, 8/30/07 & 9/20/07 (extension granted); Received on 5/03/07 & PH must close on or by 10/11/07)
E. 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. (NO ACTION NEEDED; PH opened on 7/05/07 & continued to 8/09/07, 8/30/07 & 9/20/07 (extension granted); Received on 5/03/07 & PH must close on or by 10/11/07)
Secretary Steinbrecher stated no action was needed on items D & E.
7. NEW APPLICATIONS:
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. (Receive on 9/13/07 & Commission to set for PH on or by 11/15/07)
The Commission set the Public Hearing on RC #07-139 for 11/01/07.
8. SENIOR PLANNING & ZONING OFFICIAL’S REPORT/ISSUES:
9. NEW BUSINESS:
SP #05-215 (Site-Plan) Bellissimo Grande Hotel, property located at 411A Norwich-Westerly Road, located 2000 +/- feet southeast of Norwich-Westerly Rd. (Rt. 2) & Mains Crossing (Rt. 201) North Stonington, CT 06359. Tax Map #101/2732, Lot #35/0504 for the release of the $69,000 bond for site landscaping.
Secretary Steinbrecher read the application into the record.
ZEO gave a brief overview of the request.
MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to lower the bond to $6,900 for site landscaping. MOTION CARRIED UNANIMOUSLY.
10. OLD BUSINESS:
A. SPEC #07-122 (Residential Caretaker) Application of Jason L. & Susan Storey, 62 Yawbux Valley Road, North Stonington, CT 06359 for a Special Permit to construct a residential caretaker apartment structure at 70 Yawbux Valley Road, property of Kathryn Burgess located on the south side of Yawbux Valley Road, approximately 3300’ easterly of the intersection of Yawbux Valley Road and Ryder Road, North Stonington, CT 06359. Map #86, Parcel #7056
(NO ACTION NEEDED; PH scheduled to open on 10/04/07; Received on 8/02/07 & PH must close on or by 11/06/07)
B. SPEC #07-124 (Special Permit) Application of Bison Brook Farms, Inc., 141 Swantown Road, Preston, CT 06365 for a renewal of a Special Use Permit for Earth Excavation/Filling, property of Bison Brook Farms, Inc. at property located at 42 Button Road, approximately 2,500 feet north of the intersection of Northwest Corner Road and Button Road, North Stonington, CT 06359. Map #44, Parcel #6155 (NO ACTION NEEDED; PH scheduled to open on 10/04/07; Received on 8/02/07 & PH must close on or by 11/06/07)
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 #2742, Parcel #3901 (NO ACTION NEEDED; PH scheduled to open on 10/04/07; Received on 8/02/07 & PH must close on or by 11/06/07)
11. PLANNING ISSUES & DISCUSSION:
Alternate member’s participation during deliberations.
The Commission received correspondence from the Commission Attorney pertaining to this issue and discussed briefly. Chairman Stewart stated Diana Urban stated that she would work on this.
12. CORRESPONDENCE:
The Commission went over the correspondence in their packets.
13. REVIEW MINUTES:
Review minutes of Workshop and Regular Meeting of 9/06/07
MOTION by V. Gregoropoulos, SECOND by E. Boissevain to approve the workshop and regular meeting minutes of 9/06/07 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
14. ADJOURNMENT:
MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to adjourn the meeting at 11:54 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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