Town of North Stonington, CT PLANNING & ZONING COMMISSION
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REGULAR MEETING
THURSDAY, OCTOBER 11, 2007 – 7:00 P.M.
North Stonington Elementary School
Multi-Purpose Room
311 Norwich-Westerly Road
North Stonington, CT 06359
Minutes Approved ~ November 1, 2007
1. CALL MEETING TO ORDER: Chairman Stewart called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, October 11, 2007 at 7:08 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 and Joseph Siner
COMMISSIONERS ABSENT: None
STAFF PRESENT: Sr. Planner & Zoning Official Craig Grimord, Administrative Assistant Cheryl Konsavitch, Contracted SCCOG Planner, Jamie Rabbitt, P&Z Attorney Michael Carey and P&Z Consulting Engineer Donald Aubrey and P&Z Traffic Engineer Kermit Hua
2. ADDITIONS TO THE AGENDA:
ZEO Grimord amended the agenda to add SUB #07-156 under new applications.
3. PUBLIC COMMENT: None
4. COMMISSION REVIEW:
Review of revised zoning map
The Commission will review at their 11/01/07
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 opened on 9/06/07 & continued to 9/13/07 & 10/11/07 (Extension granted); Received on 7/05/07 & PH must close on or by 12/13/07)
Secretary Steinbrecher read application into the record.
Seated: R. Stewart, V. Gregoropoulos, L. Steinbrecher, A. Nalwalk, E. Boissevain
Atty. Thomas Londregan was present representing the applicant.
Atty. Londregan submitted for the record (Exhibit B) Regulations patterned after Sr. Housing and reviewed them with the Commission.
Atty. Londregan stated to the Commission that the proposed regulations are for age restricted over 55 years of age and does the Commission want it in North Stonington or not?
Atty. Londregan stated he had two workshops with the Commission pertaining to age restricted housing and he believed the consensus of the Commission seemed to have been that they were interested in a floating zone. Atty. Londregan stated he then began drafting and re-drafting regulations on the floating zone concept for the last 18 months.
Atty. Londregan stated he knows the purpose of a workshop and encourages them so that the issues can be identified and you can have a meaningful and complete application.
Atty. Londregan stated this concept is for a residential subdivision which is restricted to active adult, age 55. They do not have to be near a state highway. These are active adults, not incapacitated.
The Commission asked questions of the applicant.
Chairman Stewart asked if there were any questions or comments from the public speaking in favor of this application. There were none.
Chairman Stewart asked if there were any questions or comments from the public speaking against this application. The following people spoke:
Nita Kincaid
Sandra Jeffery
Ann Renehan
Mr. Rabbitt submitted (Exhibit C) a map of the Town of North Stonington with the property involved in this application highlighted.
Atty. Londregan rebutted stating this is not an apartment complex and there will not be one taxpayer. This will a condominium home ownership and each separate unit will be a taxpayer.
MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to close the Public Hearing on application RC #07-115. 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. (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 the application into the record.
Seated: R. Stewart, V. Gregoropoulos, L. Steinbrecher, A. Nalwalk, E. Boissevain
Atty. Tim Bates was present representing the applicant.
Mr. Holland Shaw, Surveyor for Pare Corporation went over a recent survey of the Boombridge Road right of way.
Mr. John Shevlin, Vice-President of Pare Corporation went over a conceptual plan for the entrance road, submitted for the record as (Exhibit PP).
Atty. Bates submitted for the record (Exhibit QQ) North Stonington Subdivision Regulations and (Exhibit RR) the survey of boundary lines on both sides of Boombridge Road opposite the proposed entrance to the site.
Mr. Shevlin submitted for the record (Exhibit SS) grades at the intersection (Exhibit TT) MVTCD 2003 edition.
Chairman Stewart asked if there were any questions or comments from the public in favor of this application. There were none.
Chairman Stewart asked if there were any questions or comments against this application. The following people spoke:
Nick Mullane, 1st Selectman
Ted Banks
Colleen Sottile
Ann Renehan
Tammy Sherron
Bill Ricker
Madeline Jeffery
Helen Bill
The Commission asked questions pertaining to this application.
P&Z Consulting Engineer Donald Aubrey gave his final report along with P&Z Traffic Engineer Kermit Hua and Mr. Rabbitt.
Atty. Bates rebutted.
MOTION by V. Gregoropoulos, SECOND by A. Nalwalk to close the Public Hearing on application RC #07-060. MOTION CARRIED UNANIMOUSLY.
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. (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 the application into the record.
Seated: R. Stewart, V. Gregoropoulos, L. Steinbrecher, A. Nalwalk, E. Boissevain
Atty. Bates respectfully requested that the testimony oral and written that was submitted for RC #07-060 be applicable to the call of this hearing for the landing of the zone for the HOD as long as there is no objection from the Commission.
The Commission had no objection.
MOTION by V. Gregoropoulos, SECOND by E. Boissevain to close the Public Hearing on application ZC #07-061. MOTION CARRIED UNANIMOUSLY.
D. 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 opened on 10/04/07 & continued to 11/01/07; Received on 8/02/07 & PH must close on or by 11/06/07)
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)
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)
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 11/22/0-extension granted)
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. (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. 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 & continued to 11/01/07; Received on 8/02/07 & PH must close on or by 11/06/07)
Secretary Steinbrecher stated no action was needed on items A thru E.
7. NEW APPLICATIONS:
A. 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 (Commission to receive on 10/11/07 & set for PH on or by 12/13/07)
The Commission set the Public Hearing on SPEC #07-155 for 12/06/07.
B. 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 (Commission
to receive on 10/11/07 & set for PH on or by 12/13/07)
The Commission set the Public Hearing on SUB #07-125 for 12/13/07.
8. SENIOR PLANNING & ZONING OFFICIAL’S REPORT/ISSUES:
9. NEW BUSINESS:
A. Bond request release for ZP #05-089 (Recreational Trailer) Application of Cynthia Douglass, P.O. Box 363, North Stonington, CT 06359 to release the $1,000 bond being held for the placement of a 32-foot travel trailer on property located at 251 Northwest Corner Road, North Stonington, CT 06359 while constructing a new single-family house. Tax Map #43/2724, Lot #25/0404.
ZEO Grimord informed the Commission that a certificate of zoning compliance had been issued for the new home.
MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to release the $1000 bond being held for the placement of a 32-foot travel trailer. MOTION CARRIED UNANIMOUSLY.
B. Bond request release for SUB #06-017 (Shunock River Estates) Application of Joseph Mascaro, Raymond Trebisacci, Stephen Reck & Steven Bossie, 53 Oshwigochie Hills Road, Niantic, CT 06357 for a 5-lot Subdivision on property located at 126 Babcock Road from the intersection of Wyassup Road and Babcock Road, 1 mile east on Babcock. The property is on the south (right) side of Babcock Road.
Tax Map #110/2742, Lot #31/8197 for the release of the $3,090.00 for monumentation and $19,800 for erosion & sediment control
ZEO Grimord reported that the surveyor has not yet set all the property corners, and a site inspection on 10/10/07 indicated that disturbed soils have not been stabilized for Erosion & Sediment Controls.
MOTION by V. Gregoropoulos, SECOND by A. Nalwalk to deny the bond release request for SUB #06-017 for the following reasons:
1. The surveyor has indicated that all monumentation has not yet been set
2. Erosion & Sediment control bonding cannot be released until all disturbed soils have been stabilized with a permanent vegetative cover.
MOTION CARRIED UNANIMOUSLY.
10. OLD BUSINESS:
A. 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)
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”. (NO ACTION NEEDED; PH scheduled to open on 11/01/07; Received on 10/04/07; and PH must close on or by 12/04/07)
C. 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)
11. PLANNING ISSUES & DISCUSSION:
Mr. Rabbitt reviewed with the Commission the procedures for a moratorium.
12. CORRESPONDENCE:
The Commission went over the correspondence in their packets.
13. REVIEW MINUTES:
Review minutes of Regular Meeting of 10/04/07
MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to approve the minutes of 10/04/07 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
14. ADJOURNMENT:
MOTION by V. Gregoropoulos, SECOND by L. Steinbrecher to adjourn the meeting at 11:30 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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