North Stonington, CT - Planning and Zoning Commission Approved Minutes for 11/01/2007

Planning and Zoning Commission Approved Minutes for 11/01/2007

Town of

North Stonington, CT

PLANNING & ZONING COMMISSION

REGULAR MEETING

THURSDAY, NOVEMBER 1, 2007 – 7:00 P.M.

New Town Hall

Conference Room

40 Main Street

North Stonington, CT 06359

Minutes Approved ~ November 8, 2007

1. CALL MEETING TO ORDER: Chairman Stewart called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, November 1, 2007 at 7:02 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, Susan Grufstedt (arrived at 7:32 p.m.) and Joseph Siner

COMMISSIONERS ABSENT: None

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:

MOTION by A. Nalwalk, SECOND by L. Steinbrecher to add discussion of what would happen with the results of the election with new members and TDR seminar under Planning Issues and Discussion. MOTION CARRIED UNANIMOUSLY.

3. PUBLIC COMMENT:

Nita Kincaid asked a question on the format of the agenda

4. COMMISSION REVIEW:

Review of revised zoning map

MOTION by E. Boissevain, SECOND by L. Steinbrecher to accept revised zoning map with possible change to the spelling of Shunock Brook if needed. MOTION CARRIED UNANIMOUSLY.

6. PENDING APPLICATIONS:

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 application into the record.

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

Mr. Rabbitt gave a brief synopsis of the application and the guidelines for Commission action. The Commission went over their concerns and issues.

The Commission tabled RC #07-060 to their next meeting.

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 application into the record.

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

The Commission deliberated on this application and will continue discussion at their next 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 opened on 10/04/07 & continued to 11/01/07; Received on 8/02/07 & PH must close on or by 11/06/07)

Secretary Steinbrecher read the application into the record.

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

Mr. Peter Gardner was present representing the applicants Jason and Susan Storey.

Mr. Gardner went over the site-plan with the Commission.

The Commission asked questions pertaining to this application.

ZEO Grimord went over his memo pertaining to this application and submitted pictures of the site and site access into the record.

Mr. George Storey, Jr. stated for the record he would grant an easement to the Jason and Susan to access the residential caretaker apartment.

The Commission asked questions pertaining to this application.

Chairman Stewart asked if there were any questions or comments from the public in favor of this application. The following people spoke.

Mac Turner

Robin Hall

Ann Renehan

Chairman Stewart asked if there were any questions or comment from the public against this application. There were none.

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

MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to amend the agenda to go to SPEC #07-122 under Pending Applications. MOTION CARRIED UNANIMOUSLY.

6. PENDING APPLICATIONS: (cont’d.)

(PH scheduled to open on 10/04/07 & continued to 11/01/07; Received on 8/02/07 & PH must close on or by 11/06/07)

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

The Commission deliberated on this application and took the following action.

Amended MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to approve SPEC #07-122 with the following conditions and findings:

Conditions:

1. Zoning and building permits are required to construct the Residential Apartment.

2. An As-Built of the access drive with finished grades and the caretaker structure, per the as-built checklist for Single-Family Homes, is to be submitted prior to the issuance of a Certificate of Zoning Compliance.

3. Amended deeds are to be filed in the land records documenting the Right-of-Way for both affected parcels prior to issuance of Zoning Permits for the construction of the caretaker structure.

4. Per Section 722.6: The Special Permit will expire upon transfer of the property to a new owner. Subsequent owners must apply to re-establish the Special Permit to continue the use.

5. Correct the Zoning Compliance Block on Sheet #2 of the plans.

6. Locate the outbuildings on the plans on the Burgess property

7. Take off the stream course on the area map that goes thru the Burgess property.

8. Correct spelling errors in the sanitary design criteria.

9. Show abutting property owner tag line for property.

The Commission finds that the location of the residential caretaker being more than 150 feet from the residence is appropriate after listening to testimony and reviewing the plans. The proposed container structure will act as a remote monitor for the farm animals located at the rear of the property.

Findings:

a. That the proposal is adequately served by a sufficient water supply, and the sanitary facilities will function without pollution. The Town Sanitarian will review the proposed design for the new septic system to service the new structure and 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 addressed this issue.

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 safely of the motoring public. The proposed use will not generate undo traffic congestion. The proposed use will create traffic similar to that of a single-family home.

d. That the use and/or structure will be in harmony with 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 will not generate noxious or offensive odors, nor should it generate dust, noise or vibrations. The use is specially permitted for large parcels, over 6 acres that may require monitoring.

e. That no adverse effect will result to the character of the district, property values, historic features, or prosperity of the neighborhood or Town. The right-of-way issue has been resolved and the property will continue as a farm use.

f. That no deleterious impact on environmental resources will result. The environmental impacts created by this use will be similar to those of a single-family home.

MOTION CARRIED UNANIMOUSLY.

B. 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

Atty. Phillip Walker representing the applicant was present for this application.

Atty. Walker went over the text amendment with the Commission and submitted for the record (Exhibit A) a petition in favor of the regulation change.

The Commission asked questions pertaining to this application.

Atty. Walker submitted for the record (Exhibit B) a Groundwater Protection Map created on October 25, 2007 by the Hopkinton GIS Department which he reviewed.

Mr. Harvey Buford, Chairman of the Hopkinton Conservation Commission and Barbara Capalbo of the Town Council stated they were not there representing the Town, but to gather information.

Mr. Buford submitted for the record (Exhibit C) a Groundwater and Wellhead Protection Map of Hopkinton, RI approved on March 22, 2004 which he discussed with the Commission and (Exhibit D) Hopkinton Zoning Code.

Mr. Thurman Shultz a member of the Planning & Zoning Commission in Hopkinton spoke in support of this application.

Chairman Stewart asked if there were any questions or comments from the public in favor of this application. The following people spoke.

Tammy Sherron

Allana York

Brad Currier

Anna Coit

Nita Kincaid

Ann Renehan

Madeline Jeffery

Mac Turner

Barbara Capalbo

Chairman Stewart asked if there were any questions or comments from the public against this application. The following people spoke:

Linda Pershac, Member of Economic Development Commission

Atty. Mark Block

Ron Lyman

George Palmer

Brad Currier

Atty. Walker rebutted.

MOTION by V. Gregoropoulos, SECOND by A. Nalwalk to close the Public Hearing on RC #07-139. MOTION CARRIED UNANIMOUSLY.

C. 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”. (PH scheduled to open on 11/01/07; Received on 10/04/07; and 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

ZEO Grimord went over his memo pertaining to this application stating the Commission application is to reaffirm the actions taken by the Commission in regards to application RC #07-106.

Chairman Stewart asked if there were any questions or comments from the public in favor of this application. The following people spoke.

Madeline Jeffery

Mac Turner

Tammy Sherron

Shawn Murphy

Nita Kincaid

Ann Renehan

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

Secretary Steinbrecher read the letter from SCCOG into the record.

MOTION by V. Gregoropoulos, SECOND by A. Nalwalk to close the Public Hearing on RC #07-148. MOTION CARRIED UNANIMOUSLY.

MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to amend the agenda to go to SPEC #07-148 under Pending Applications. MOTION CARRIED UNANIMOUSLY.

6. PENDING APPLICATIONS: (cont’d.)

B. 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”. (PH scheduled to open on 11/01/07; Received on 10/04/07; and PH must close on or by 12/04/07)

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

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 L. Steinbrecher, SECOND by V. Gregoropoulos to approve RC #07-148 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

DELETE from Appendix A the following defintions:

5. Film & Television Studio Entertainment Facilities

6. Performing Arts School

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.”

MODIFY foot note #3 of Section 403.5 to delete the reference to a Planned Business Development.

THESE AMENDMENTS TO THE TOWN OF NORTH STONINGTON ZONING REGULATIONS SHALL BECOME EFFECTIVE ON THE DAY AFTER PUBLICATION IN THE NEWSPAPER.

C. 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)

The Commission deliberated on this application.

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. (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)

E. 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)

7. NEW APPLICATIONS: None

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

ZEO Enforcement Report/October

ZEO Grimord went over his report for the month of October.

9. NEW BUSINESS:

Bond release/reduction of A/Z Corporation, 46 Norwich-Westerly Road, North Stonington, CT 06359 to release the Erosion & Sediment Control bond of $8,000.00 and reduce the landscaping bond from $60,000.00 to the maintenance level of $6,000.00

for 1 year.

Secretary Steinbrecher read the application into the record.

Vice Chairman Gregoropoulos recused herself.

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

ZEO Grimord went over the history of this request.

MOTION by A. Nalwalk, SECOND by L. Steinbrecher to release the Erosion & Sediment Control bond of $8,000.00 and reduce the landscaping bond from $60,000.00 to the maintenance level of $6,000.00 for 1 year. MOTION CARRIED UNANIMOUSLY.

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:

A. Moratorium

ZEO Grimord reviewed with the Commission the draft language for a moratorium.

B. Election Effects

A. Nalwalk discussed with the Commission the effect of pending applications if new members come on to the Commission.

C. TDR Seminar

A. Nalwalk told the Commission of an upcoming Seminar on the Transfer of Development Rights

12. CORRESPONDENCE:

The Commission went over the correspondence in their packets.

13. REVIEW MINUTES:

Review minutes of Regular Meeting of 10/11/07

MOTION by V. Gregoropoulos, SECOND by L. Steinbrecher to approve the minutes of 10/11//07 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.

14. ADJOURNMENT:

MOTION by V. Gregoropoulos, SECOND by L. Steinbrecher to adjourn the meeting at 11:40 p.m. MOTION CARRIED UNANIMOUSLY.

Respectfully Submitted,

Cheryl Konsavitch, Administrative Assistant

Planning & Zoning Office