REGULAR MEETING
THURSDAY, JUNE 7, 2007 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
Minutes Approved ~ June 14, 2007
1. CALL MEETING TO ORDER: Vice-Chairman Vilma Gregoropoulos called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, June 7, 2007 at 7:03 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: Vilma Gregoropoulos, Vice-Chairman, Anne Nalwalk, Louis Steinbrecher, Secretary and Alternate Members Duncan Schweitzer and Joseph Siner
COMMISSIONERS ABSENT: G. Russell Stewart, III, Chairman, Elaine Boissevain and Alternate Member Susan Grufstedt
STAFF PRESENT: Sr. Planner & Zoning Official Craig Grimord and Administrative Assistant Cheryl Konsavitch
2. ADDITIONS TO THE AGENDA:
MOTION by L. Steinbrecher, SECOND by D. Schweitzer to amend the agenda to discuss the Regional Plan under Planning Issues & Discussion as Item E. MOTION CARRIED UNANIMOUSLY.
3. PUBLIC COMMENT:
Mac Turner, Main Street, stated he would like to bring up the fact that North Stonington Studios has elected not to come to North Stonington. Mr. Turner stated that he is speaking on behalf of Nita Kincaid, who was unable to attend the meeting. Her comment would have been, that she felt the amendment the Commission made to the Regulations for the N.S. Studios should be withdrawn because the Regulation was approved to satisfy a specific developer and it was not a carefully scrutinized revision. Mr. Turner stated he was very disappointed with the Commission as well for the way they handled the application and how they bent over backwards to satisfy the applicant.
4. PUBLIC HEARINGS:
A. SPEC #07-047 (Special Permit) Application of Jonathan Edwards for Edwards Real Estate, L.L.C., 74/75 Chester Main Road, North Stonington, CT 06359 for a Special Permit to enlarge the winery/barn to include office, manufacturing/storage and tasting room spaces on property located at 74 Chester Main Road, on the easterly side of Chester Main Road approximately a ¼ mile north of the intersection of Chester Main and Wyassup Road, North Stonington, CT 06359. Tax Map #95/2733, Lot #90/0377 (PH opened on 5/10/07 & continued to 6/07/07; Received on 4/05/07 & PH must close on or by 6/12/07)
Secretary Steinbrecher read the application into the record.
Seated: V. Gregoropoulos, J. Siner seated for R. Stewart, D. Schweitzer seated for E. Boissevain, A. Nalwalk
Rachael Edwards was present for this application.
ZEO Grimord stated the applicant was asked to return with plans showing the existing and proposed lighting, overflow parking and to investigate the loud music issue.
Ms. Edwards went over the parking, overflow parking and the lighting plan and submitted for the record a parking and overflow parking plan (Exhibit A), a marked up copy of the parking area (Exhibit B), the lighting plan (Exhibit C) and lighting spec sheet (Exhibit D).
The Commission asked questions pertaining to the number of lights and the locations.
Ms. Edwards discussed the sound levels of the music, she stated they have purchased a sound monitoring system which is basically like a sound board which would be placed inside the winery. It would have 2 set points and when sound level hits the first set point a yellow light goes off to give them a warning and when it hits the second set point a red light goes off. Ms. Edwards stated that the sound coming out of the winery at the level of the speakers was approximately 95 to 100 decibels. When the sound was measured at the level of the street in front of the Edwards house it was approximately 85 decibels and from the Vuono’s house, which is the closest neighbor, it was approximately 70 to 75 decibels.
The Commission asked questions pertaining to the monitoring system and the noise level.
Secretary Steinbrecher stated that there is a state ordinance on noise and discussed the ordinance.
Vice-Chairman Gregoropoulos asked if there were any questions or comments from the public pertaining to this application. The following people spoke:
Brian Rathbun, Grindstone Hill Rd., was concerned about the state statue on noise and did not want to see a decibel level set for the winery.
Anne Nelson, Mill Village Pentway, stated the there are 2 events in Town every year that are loud and are exempt.
Jean Chioccola, Fowler Rd., stated she can hear the music at her house
Esther Cooper, Chester Main Rd., would like to see a time limit set on the music.
Richard Chioccola, Fowler Rd., was concerned about lighting, traffic and vandalism.
Laurie Post, had a question on the state statue for noise
Tim Barry, employee at the winery stated the expansion was necessary.
Shawn Murphy, resident, stated the expansion will help, and would like to see some kind of restriction on the Special Permit pertaining to noise and time of day.
Secretary Steinbrecher read correspondence into the record from the Reck’s and the Cooper’s.
Vice-Chairman Gregoropoulos asked if there was anyone speaking in favor of this application. The following person spoke:
Brian Rathbun, 263 Grindstone Hill Road
Vice-Chairman Gregoropoulos asked if there was anyone speaking against this application. There were none.
Ms. Edwards stated that a balance needs to be found, but they need the weddings to make the winery work at this time.
MOTION by D. Schweitzer, SECOND by L. Steinbrecher to close the Public Hearing on SPEC #07-047. MOTION CARRIED UNANIMOUSLY.
B. SPEC #07-056 (Special Permit) Application of Joel Lamphere, P.O. Box 28, Hopkinton, RI 02833 for a Special Permit to remove more than 500 cubic yards of excavated material on property located at 112 Rocky Hollow Road, North Stonington, CT 06359 located on the west side of Rocky Hollow Road and approximately 4,700 feet south of Route 2. Tax Map #116/2731, Lot #78/7208. (PH scheduled to open on 6/07/07; Received on 4/12/07 & PH must close on or by 7/10/07)
Secretary Steinbrecher read the application into the record.
Seated: L. Steinbrecher, J. Siner seated for R. Stewart, V. Gregoropoulos, D. Schweitzer seated for E. Boissevain, A. Nalwalk
Tony Nenna, of On-Site Engineering was present for this application and went over the site-plan.
ZEO Grimord went over his memo pertaining to this application.
Vice-Chairman Gregoropoulos asked if there were any questions or comments from the public pertaining to this application. The following person spoke:
Anne Nelson, Mill Village Pentway, asked what calcium chloride was.
The Commission asked questions pertaining to how many truckloads of gravel would be going out and the slope of the land.
Vice-Chairman Gregoropoulos asked if there was anyone speaking in favor of this application. The following people spoke.
Bob Gillis, 84 Rocky Hollow Rd.
Cleta Smith, 84 Rocky Hollow Rd.
Vice-Chairman Gregoropoulos asked if there was anyone speaking against this application. There were none.
Mr. Nenna stated this application is promoting agriculture and farming and won’t affect traffic.
MOTION by A. Nalwalk, SECOND by D. Schweitzer to close the Public Hearing on SPEC #07-056. MOTION CARRIED UNANIMOUSLY.
5. COMMISSION REVIEW: None
MOTION by D. Schweitzer, SECOND by L. Steinbrecher to amend the agenda to move Item 7B before 7A. MOTION CARRIED UNANIMOUSLY.
6. PENDING APPLICATIONS:
B. SPEC #07-056 (Special Permit) Application of Joel Lamphere, P.O. Box 28, Hopkinton, RI 02833 for a Special Permit to remove more than 500 cubic yards of excavated material on property located at 112 Rocky Hollow Road, North Stonington, CT 06359 located on the west side of Rocky Hollow Road and approximately 4,700 feet south of Route 2. Tax Map #116/2731, Lot #78/7208. (PH scheduled to open on 6/07/07; Received on 4/12/07 & PH must close on or by 7/10/07)
Seated: L. Steinbrecher, J. Siner seated for R. Stewart, V. Gregoropoulos, D. Schweitzer seated for E. Boissevain, A. Nalwalk
AMENDED MOTION by A. Nalwalk, SECOND by D. Schweitzer to review the draft decision for discussion purposes. MOTION CARRIED UNANIMOUSLY.
MOTION by L. Steinbrecher, SECOND by J. Siner to waive the site plan requirements of Sections 806 (m), 808.3, 808.4 & 808.12(a) for this application per Section 810 for the following reason:
The requirements of the cited sections are not applicable to this application and the proposed use, and/or do not contribute to a better understanding of the proposed project or its impacts on the community or the environment.
MOTION CARRIED UNANIMOUSLY.
MOTION by A. Nalwalk, SECOND by L. Steinbrecher to approve Special Permit #07-056 for the excavation of over 500 cubic yards of material from property known as 112 Rocky Hollow Road with the following plan corrections/additions necessary to comply with the zoning regulations and Special Permit conditions:
Plan Corrections:
1. Add to General note #2 the following statement: the use of pneumatic hammers is prohibited.
2. Add a Commission Chairman/secretary sign-off block with date to page #1 of the plans.
3. Correct the work completion box to three years.(per Section 709.2(b)
4. Provide a E&S sign-off block for the chairman with date on Page 8. (per Section 807.1(i))
5. Add the word “Topsoil” to the temporary stockpiles shown on Sheet 8 of 8.
Permit Conditions:
1. A Zoning Compliance Permit is required prior to the start of each phase of the project.
2. A Certificate of Zoning Compliance is required at the completion of each phase and before the start of the next phase.
3. The applicant is to obtain a driveway permit from the Town and construct a bituminous apron for the construction entrance/exit to the site.
4. The required bonding is to be in place, and approved plans filed in the land records (per Section 804.2) prior to issuance of Zoning Compliance Permits for any phase of this project.
MOTION CARRIED UNANIMOUSLY.
AMENDED MOTION by L. Steinbrecher, SECOND by D. Schweitzer to require a bond in the amount of $5,635.58 for the installation and maintenance of erosion control measures for each of the three phases of the project. The bond shall be “rolled over” into the successive phase of the project upon completion and stabilization of the preceding phase. MOTION CARRIED UNANIMOUSLY.
In reviewing this application the Commission has made the following findings to substantiate its actions.
FINDINGS
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.
It was determined that these issues are not applicable to this application
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 Commission has determined that the proposed use will not inflict upon the public any undo risk of fire, safety or security and there should be no hazards to the public.
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.
The excavated material from the site will be trucked via the most direct route (southerly) to Route 184, thus impacting the fewest number of residents on the road. It is estimated that 2100 truck loads of material will leave the site over three years which amounts to approximately 2 truck loads per day overall. This should not cause any deleterious effects to the safety of the motoring public.
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 Specially Permitted in the zone. The applicant has or will take the necessary measures to avoid offensive or detrimental issues. Hours of operation have been set, the type of equipment that can be used has been established, and anticipated issues have been addressed. Upon completion of the project the site will revert back to its historical use as a farmstead.
e. That no adverse effect will result to the character of the district, property values, historic features, or prosperity of the neighborhood or Town.
See “d” above.
f. That no deleterious impact on environmental resources will result.
A Storm Water Management Plan and Erosion Control Plan have been submitted and reviewed as part of this application. No deleterious impacts to the environment have been identified.
g. That nothing will impair the public health, safety, and welfare of the people of the Town of North Stonington.
See “d” above.
h. That the proposed use and structure conforms to all requirements of the zoning district in which it will be located.
Approval of this Special Permit indicates that the applicant has complied with the Zoning Regulations for this type of use.
i. That all applicable regulations (State, Federal, and local) have been complied with, satisfying all design, procedural, and review requirements.
As a condition of this Special Permit, the applicant is required to obtain a Driveway Encroachment Permit from the Town Highway Department. The applicant has received the necessary Inland Wetlands Commission approval. To the best of the Commission’s knowledge, no other permits are required for this use.
j. That the proposed use and/or structure is consistent with the Town Plan of Development.
The use is specially permitted in almost all current Zones of the Town. Upon completion, the land will revert back to its historical use as a farmstead. The purpose of the permit is to expand the usable portions of the existing farm. Agricultural activities are desirable and encouraged in the POCD, and preservation of historical farm land is a prime goal of the POCD.
A. SPEC #07-047 (Special Permit) Application of Jonathan Edwards for Edwards Real Estate, L.L.C., 74/75 Chester Main Road, North Stonington, CT 06359 for a Special Permit to enlarge the winery/barn to include office, manufacturing/storage and tasting room spaces on property located at 74 Chester Main Road, on the easterly side of Chester Main Road approximately a ¼ mile north of the intersection of Chester Main and Wyassup Road, North Stonington, CT 06359. Tax Map #95/2733, Lot #90/0377 (PH opened on 5/10/07 & continued to 6/07/07; Received on 4/05/07 & PH must close on or by 6/12/07)
The Commission deliberated on this on this application. It was the consensus of the Commission to direct staff to draft a motion for approval with conditions based on the deliberations.
7. NEW APPLICATIONS: None
8. SENIOR PLANNING & ZONING OFFICIAL’S REPORT/ISSUES:
ZEO Enforcement Report/May
ZEO Grimord went over his enforcement report for the month of May.
9. NEW BUSINESS:
10. OLD BUSINESS:
A. (Wintechog Hill Subdivision) Application of Peter C. Gardner/Green Falls Associates, L.L.C., P.O. Box 335, Gales Ferry, CT 06335 for an approved 2-Lot Subdivision on property located on the north side of Wintechog Hill Road approximately 800 feet northwest of intersection of Rt. 201 and Wintechog Hill Road, North Stonington, CT 06359 Tax Map #101/2732, Lot #04/7287 to amend a stipulation of the Notice of Decision regarding payment of fee-in-lieu of open space.
The consensus of the Commission was to deny this request for amendment.
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 set for 7/05/07; Received on 5/03/07 & PH must close on or by 8/07/07)
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’ Easterly of the intersection of Boom Bridge Road and CT Rte. 184. . (NO ACTION NEEDED; PH set for 7/05/07; Received on 5/03/07 & PH must close on or by 8/07/07)
D. 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. (NO ACTION NEEDED; PH scheduled to open on 6/14/07; Received on 5/10/07 & PH must close on or by 7/12/07)
11. PLANNING ISSUES & DISCUSSION:
A. Shunock River Non-Infringement Area ERT Study
B. NEMO Task Force Update
C. Inclusionary Zoning
The Commission discussed briefly.
D. Floating Zones
ZEO Grimord went over a list of some pros and cons of floating zones.
E. Regional Plan
Vice-Chairman Gregoropoulos went over the regional plan with the Commission.
12. CORRESPONDENCE:
The Commission went over the correspondence in their packets.
13. REVIEW MINUTES:
Review minutes of Workshop and Regular Meeting of 5/10/07.
MOTION by L. Steinbrecher, SECOND by A. Nalwalk to approve the workshop and regular meeting minutes of 5/10/07 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
14. ADJOURNMENT:
MOTION by L. Steinbrecher, SECOND by A. Nalwalk to adjourn the meeting at 10:35 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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