Town of North Stonington, CT PLANNING & ZONING COMMISSION
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REGULAR MEETING
THURSDAY, DECEMBER 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, December 13, 2007 at 7:02 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: G. Russell Stewart, III, Chairman, E. Boissevain, Vice-Chairman, Louis Steinbrecher, Joseph Siner and Alternate Members Duncan Schweitzer and Ann Brown
COMMISSIONERS ABSENT: Vilma J. Gregoropoulos, Secretary and Alternate Member Susan Grufstedt
STAFF PRESENT: Sr. Planner & Zoning Official Craig Grimord, Administrative Assistant Cheryl Konsavitch and P&Z Attorney Michael Carey via speaker phone
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC COMMENT:
Nick Mullane, 1st Selectman commended the Commission for coming out in the inclement weather to hold their meeting.
7. 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)
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)
The Commission acted on RC #07-060 and ZC #07-061 at a Special Meeting.
5. PUBLIC HEARINGS:
A. 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 (PH scheduled to open on 12/13/07; Commission received on 10/11/07 &
PH must close on or by 1/15/08)
L. Steinbrecher read the application into the record.
Seated: R. Stewart, E. Boissevain, L. Steinbrecher, J. Siner, A. Brown seated for V. Gregoropoulos
The applicant was advised by Planning & Zoning that their application would be continued due to the weather.
MOTION by L. Steinbrecher, SECOND by A. Brown to continue the Public Hearing on SUB #07-125 to 1/10/08. MOTION CARRIED UNANIMOUSLY.
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. (NO ACTION NEEDED; PH opened on
12/06/07 & continued to 1/03/08; Commission received on 10/04/07 & PH must close on or by 1/08/08)
C. 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 opened on 12/06/07 & continued to 1/03/08; Commission received on 10/11/07 & PH must close on or by 1/08/08)
6. COMMISSION REVIEW: None
7. PENDING APPLICATIONS: (cont’d.)
A. RC #07-169 (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 for a moratorium to Sections 403.1 (all uses), Section 403.2 (all uses), Section 403.4 (all uses) and Section 403.5 (all uses) (PH opened & closed on 12/06/07; Received on 11/08/07; & Commission can act as their schedule permits )
L. Steinbrecher read the application into the record.
Seated: R. Stewart, E. Boissevain, L Steinbrecher, J. Siner, D. Schweitzer for V. Gregoropoulos
ZEO Grimord went over the moratorium text with the Commission.
The Commission discussed.
Nick Mullane, 1st Selectman commented on this application.
ZEO Grimord read an e-mail from Atty. Carey to the Commission pertaining to the moratorium.
MOTION by L. Steinbrecher, SECOND by J. Siner to approve RC #07-169 effective the day after publication. MOTION CARRIED.
Opposed: J. Siner
In Favor: R. Stewart, E. Boissevain, L. Steinbrecher, D. Schweitzer
From the effective date of this amendment, no applications for or approvals of permits for uses under Sections 403.1 (Duplex Residence, Multi-family Residence, Lodging House, Senior Housing and Senior Continuing Care Community Uses), 403.2 (All Uses), 403.4 (All Uses) and 403.5 (All Uses) and no applications for amendment to the regulations and/or changes to the zoning map and/or zoning boundaries will be accepted/permitted before 9/17/08 (nine months from effective date). Except zoning applications which were previously approved by the Commission by special permit and/or site plan approval may apply for appropriate permits to proceed with construction. The effective date of the Temporary Moratorium shall be the day after publication of the Notice of Decision.
This moratorium is intended to provide the Planning and Zoning Commission with sufficient time to study the issues concerning the effects of increased residential, and non-residential (business, commercial and industrial development) within the community and to possibly amend the zoning regulations relating to such issues as, but not limited to, setbacks, lot coverage ratios, building height, signage, traffic, access, types of permitted uses, appearance, lighting, landscaping, and application/approval process for permitted uses in order to revise and/or create regulations which are generally consistent with the intent of the Plan of Conservation and Development, and the existing zoning regulations. Sufficient time is needed for referrals for appropriate boards and commission and for the receipt of public comment
as provided by the Connecticut General Statutes.
B. RC #07-170 (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 Subdivision Regulations for a moratorium to Sections 1 thru 9. (PH opened & closed on 12/06/07; Received on 11/08/07; & Commission can act as their schedule permits)
Secretary Steinbrecher read the application into the record.
Seated: R. Stewart, E. Boissevain, L Steinbrecher, J. Siner, D. Schweitzer for V. Gregoropoulos
Chairman Stewart asked that their discussions from the previous hearing be incorporated in this Public Hearing.
ZEO Grimord went over the text with the Commission.
MOTION by L. Steinbrecher, SECOND by D. Schweitzer to approve RC #07-170 effective the day after publication. MOTION CARRIED UNANIMOUSLY.
Pursuant to Connecticut General Statutes 8-2, 8-3, 8-25 and 8-26 the Town of North Stonington Planning and Zoning Commission hereby enacts the following as amendments to the Zoning and Subdivision Regulations.
a. Purpose: North Stonington has experienced a steady continual growth that has impacted watershed areas, lead to the loss and fragmentation of forest areas and contributed scattered development patterns. The fragmentation of forest and loss of important habitats is not in harmony with the nature of North Stonington and is not in compliance with the goals of the Plan of Conservation and Development. According to the Plan of Conservation and Development, North Stonington has approximately 73%
of its land available for new development. North Stonington will be severely adversely impacted if these areas are not developed in accordance with current policies intended to minimize topographic disturbances, protect surface and subsurface waters, preserve wildlife habitats, avoid exceeding the capacity of the existing and proposed municipal infrastructure, and avoid sprawl. The Commission finds that the Subdivision Regulations require changes and modifications in order to preserve the character of the community and to encourage local economic development.
The Commission therefore finds that a temporary (9-month), limited moratorium on subdivision applications and approvals is necessary to allow the Commission to study and revise its regulations in a manner that will allow the most effective and environmentally sensitive division of land and that will enhance the prospects for the conservation of natural resources and preservation of open space for the welfare of all North Stonington residents and land owners.
More specifically, the Commission will review the Subdivision Regulations in their entirety, as well as the Zoning Regulations that apply to Open Space Subdivision provisions, bulk and density of residential development, and sections of the Plan of Conservation and Development, which relate to the implementation of these regulations. The Commission acknowledges that the Plan of Conservation and Development seeks to “strike a balance between the interests of the community and those of private property owners.”
b. The Effective Date: The moratorium provided in this Section of the subdivision Regulations shall take effect on the day after publication of the Notice of Decision . The moratorium shall remain in effect for nine-months.
c. Application: During the effective period of this section, no application for subdivision shall be accepted or approved if the cumulative result of approval of such application, together with any other subdivision application approved during the effective period would be to divide any parcel of land existing immediately prior to the effective date into two or more lots.
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 (PH scheduled to open on 12/13/07; Commission received on 10/11/07 &
PH must close on or by 1/15/08)
D. 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 opened on 12/06/07 & continued to 1/03/08; Commission received on 10/04/07 & PH must close on or by 1/08/08)
E. 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 opened on 12/06/07 & continued to 1/03/08; Commission received on 10/11/07 & PH must close on or by 1/08/08)
8. NEW APPLICATIONS: None
9. SENIOR PLANNING & ZONING OFFICIAL’S REPORT/ISSUES: None
10. NEW BUSINESS: None
11. OLD BUSINESS:
A. SPEC #07-178 (Special Permit) Application of Stano Trombino, 26 Main Street, Ashaway, RI 02804 for Special Permit for a combined retail store and restaurant on property located at 323 Clarks Falls Road, North Stonington, CT 06359. Tax Map #112, Parcel #261 (NO ACTION NEEDED; PH scheduled to open on 1/03/08; Received on 12/06/07 & PH must close on or by 3/06/08)
B. SPEC #07-180 (Special Permit) Application of Frank Verzillo, 22 Beach Street, Westerly, RI 02891 for a Special Permit for a Membership Club on property located on Clarks Falls Road, property of J.E. Ackley, L.L.C., North Stonington, CT 06359. Tax Map #105, Parcel #9110.
(NO ACTION NEEDED; PH scheduled to open on 1/03/08; Received on 12/06/07 & PH must close on or by 3/06/08)
12. PLANNING ISSUES & DISCUSSION: None
13. CORRESPONDENCE:
The Commission went over the correspondence in their packets.
14. REVIEW MINUTES:
Review minutes of Special and Regular Meeting of 12/06/07
MOTION by E. Boissevain, SECOND by D. Schweitzer to approve the minutes of the Regular Meeting minutes of 12/06/07 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
MOTION by E. Boissevain, SECOND by L. Steinbrecher to approve the minutes of the Special Meeting minutes of 12/06/07 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
15. ADJOURNMENT:
MOTION by E. Boissevain, SECOND by L. Steinbrecher to adjourn the meeting at 11:10 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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