North Stonington, CT - Planning and Zoning Commission Approved Minutes for 10/04/2007

Planning and Zoning Commission Approved Minutes for 10/04/2007

Town of

North Stonington, CT

PLANNING & ZONING COMMISSION

REGULAR MEETING

THURSDAY, OCTOBER 4, 2007 – 7:00 P.M.

New Town Hall

Conference Room

40 Main Street

North Stonington, CT 06359

Minutes Approved ~ October 11, 2007

1. CALL MEETING TO ORDER: Chairman Stewart called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, October 4, 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 Susan Grufstedt (left at 10:35 p.m.)

COMMISSIONERS ABSENT: Alternate Member Joseph Siner

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:

Nicholas Mullane, 1^st Selectman spoke to the Commission about considering a moratorium so they can update their regulations.

Nita Kincaid asked that the Commission review their Plan of Conservation and Development.

Madeline Jeffery stated that the concept of the moratorium is important, but the Commission needs to look at all the details first.

4. COMMISSION REVIEW:

Review of revised zoning map

Marc Tate, GIS/IT Coordinator reviewed the revisions to the zoning map that the Commission suggested at the October 4, 2007 meeting. Mr. Tate will incorporate the revisions and review them with the Commission at their 10/11/07 meeting.

5. PUBLIC HEARINGS:

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

(PH scheduled to open on 10/04/07 (Continuance requested by applicant; Received on 8/02/07 & PH must close on or by 11/06/07)

Secretary Steinbrecher read the application into the record.

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

ZEO Grimord stated the applicant has requested a continuance to address staff comments. The applicant was sent a letter pertaining comments from a preliminary review on August 2, 2007.

MOTION by L. Steinbrecher, SECOND by A. Nalwalk to continue the Public Hearing on SPEC #07-122 to November 1, 2007. MOTION CARRIED UNANIMOUSLY.

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 (PH scheduled to open on 10/04/07; Received on 8/02/07 & PH must close on or by 11/06/07)

Secretary Steinbrecher read the application into the record.

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

Atty. Harry Heller representing the applicant was present for this application along with Tim Suchocki, President of Bison Brook Farms, L.L.C. and Robert Schuch, Design Engineer with Boundaries, L.L.C.

Atty. Heller gave a presentation and went over the site plan and findings with the Commission.

Secretary Steinbrecher read a letter from Ron Lewis into the record supporting this application.

Chairman Stewart asked if there were any questions or comments in favor of this application. The following person spoke.

Nicolas Mullane, 1^st Selectman

Chairman Stewart asked if there were any questions or comments against this application. There were none.

MOTION by V. Gregoropoulos, SECOND by A. Nalwalk to close the Public Hearing on SPEC #-07-124. MOTION CARRIED UNANIMOUSLY.

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 (APPLICANT HAS WITHDRAWN APPLICATION)

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. (NO ACTION NEEDED; 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)

E. 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, 9/27/07 & 10/11/07; (extension granted); Received on 5/03/07 & PH must close on or by 10/11/07)

F. 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, 9/27/07 & 10/11/07; (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 C thru F.

6. PENDING APPLICATIONS:

(PH scheduled to open on 10/04/07 (Continuance requested by applicant; Received on 8/02/07 & PH must close on or by 11/06/07)

Secretary Steinbrecher stated no action needed on Item A.

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

MOTION by V. Gregoropoulos, SECOND by L. Steinbrecher because many of the Site Plan specifications (per Section 810) for this application are unnecessary and we waive them because of the following reasons:

a. The Commission has reviewed the history of the present use and the plan submitted and has determined that the information provided is sufficient to properly evaluate the proposal.

b. That much of the information required for a Site Plan in Section 800 will not contribute to a better understanding of the proposal, or its impacts on the community or the environment. MOTION CARRIED UNANIMOUSLY.

MOTION by V. Gregoropoulos, SECOND by E. Boissevain to approve Special Permit #07-124 for a 3-year renewal of an Excavation of over 500 cubic yards of material from property known as 42 Button Road with the following plan corrections/additions necessary to comply with the zoning regulations and Special Permit Conditions:

Plan Corrections:

1. Add a Commission Chairman/Secretary sign-off block with date to page #1 of the plans.

2. Show the gate at the entrance to the site

Permit Conditions:

1. Rock crushing equipment shall not be brought onto the site and the use of pneumatic hammers is prohibited.

2. The hours of operation shall be only between 8:00 a.m. to 5:00 p.m. and shall not be permitted on legal holidays and Sundays in accordance with North Stonington Zoning Regulation 709.2-f. MOTION CARRIED UNANIMOUSLY.

MOTION by V. Gregoropoulos, SECOND by E. Boissevain to roll over the existing $50,000 bond from Special Permit #04-156 to this renewal permit. MOTION CARRIED UNANIMOUSLY.

In reviewing the application the Commission has determined that the findings made for the approval of the initial permit in 1989 to conduct excavation of earth products in excess of 500 cubic yards still apply. The eighteen continuous years of operation at the site have demonstrated that the health and public safety of the community will not be jeopardized and there should be no adverse effects on the character of the district, property values or environmental resources.

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 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 and requested an extension of time to continue the deliberations.

MOTION by V. Gregoropoulos, SECOND by L. Steinbrecher to accept the letter of continuance. MOTION CARRIED UNANIMOUSLY.

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. (NO ACTION NEEDED; 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)

E. 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, 9/27/07 & 10/11/07 (extension granted); Received on 5/03/07 & PH must close on or by 10/11/07)

F. 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, 9/27/07 & 10/11/07 (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 thru F.

7. NEW APPLICATIONS:

A. RC #07-148 (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 to repeal the regulations in Section 403.5 pertaining to 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, modify Film and TV Studio Use and to remove the associated definitions from Appendix “A”. (Commission to receive on 10/04/07 & set for PH on or by 12/06/07)

The Commission set the public hearing on RC #07-148 for 11/01/07.

B. 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. (Commission to receive on 10/04/07 & set for PH on or by 12/06/07)

The Commission set the public hearing on SPEC #07-149 for 12/06/07.

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

ZEO Report/September

ZEO Grimord went over his enforcement report for the month of September.

9. NEW BUSINESS:

10. OLD BUSINESS:

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. (NO ACTION NEEDED; PH scheduled to open on 11/01/07; Received on 9/13/07 & PH must close on or by 12/04/07)

11. PLANNING ISSUES & DISCUSSION:

A. Regulation update by staff

D. Schweitzer requested that the Commission receive a written report by staff and billed hours for the time spent on re-writing the regulations on a monthly basis.

The Commission also discussed a possible moratorium.

B. The Planning & Zoning Commission’s October 11, 2007 meeting will be held at the North Stonington Elementary School, Multi-Purpose Room, 311 Norwich-Westerly Road, North Stonington, CT 06359 at 7:00 p.m.

12. CORRESPONDENCE:

The Commission went over the correspondence in their packets.

13. REVIEW MINUTES:

Review minutes of meetings of 913/07, 9/20/07 and 9/27/07.

MOTION by V. Gregoropoulos, SECOND by E. Boissevain to approve the minutes of 9/13/07, 9/20/07 and 9/27/07with the necessary corrections. MOTION CARRIED UNANIMOUSLY.

14. ADJOURNMENT:

MOTION by V. Gregoropoulos, SECOND by E. Boissevain to adjourn the meeting at 11:45 p.m. MOTION CARRIED UNANIMOUSLY.

Respectfully Submitted,

Cheryl Konsavitch, Administrative Assistant

Planning & Zoning Office