REGULAR MEETING
THURSDAY, JUNE 14, 2007 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
Minutes Approved ~ July 5, 2007
1. CALL MEETING TO ORDER: Chairman Stewart called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, June 14, 2007 at 7:01 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: Chairman G. Russell Stewart, III, Vilma Gregoropoulos, Vice-Chairman, Anne Nalwalk, Louis Steinbrecher, Secretary (arrived 7:45 p.m.), Elaine Boissevain and Alternate Members Duncan Schweitzer (arrived at 7:03 p.m.), Joseph Siner (arrived at 7:07 p.m.) and Susan Grufstedt (arrived at 8:34 p.m.)
COMMISSIONERS ABSENT: None
STAFF PRESENT: Sr. Planner & Zoning Official Craig Grimord, Administrative Assistant Cheryl Konsavitch and P&Z Attorney Michael Carey
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC COMMENT:
Nita Kincaid, Babcock Road, asked that the Commission remove the North Stonington Studio Regulations and the status on the regulations that Mr. Rabbitt is working on.
Pat Lewis, Boombridge Road, asked a question pertaining to the zoning on Boombridge Road
Mac Turner, Main Street, asked that the Commission remove the North Stonington Studio Regulations
4. PUBLIC HEARINGS:
A. 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 scheduled to open on 6/14/07; Received on 5/10/07 & PH must close on or by 7/12/07)
Vice-Chairman Gregoropoulos read the application into the record.
Seated: R. Stewart, V. Gregoropoulos, D. Schweitzer seated for L. Steinbrecher, A. Nalwalk, E. Boissevain
Mr. Alan J. Pesch, Attys. Mark Branse and Lewis Wise and Mr. Kevin Tubridy, Design Architect were present for this application.
Mr. Pesch gave opening remarks and discussed the history of the application, what the proposed text is about and not about, the two step process and why, similar regulations and how this regulation change is in agreement with the Plan of Development.
Atty. Wise went over Floating Zones and discussed the process to develop this regulation.
Mr. Tubridy reviewed with the Commission the proposed regulation and gave an overview of the standards and criteria.
Atty. Wise discussed with the Commission the process and procedure and Mr. Pesch closed their presentation for the evening with how the Town can benefit by this proposed regulation change.
Secretary Steinbrecher read correspondence into the record from SCCOG and Mr. Jamie Rabbitt, P&Z contracted consultant.
The Commission asked questions of the applicant pertaining to this application.
Chairman Stewart asked if there were any questions or comments from the public pertaining to this application. The following people spoke:
Dick Cooper, Hewitt Road
Mac Turner, Main Street
Pat Lewis, Boombridge Road
Robin Hall, Mill Village Pentway
Chairman Stewart asked if there was anyone from the public speaking in favor of this application. There were none.
Chairman Stewart asked if there was anyone from the public speaking against this application. The following person spoke:
Robin Hall, Mill Village Pentway
The Commission requested a continuance and an extension for the Public Hearing from the applicant.
Secretary Steinbrecher read the letter of extension from the applicant into the record.
MOTION by L. Steinbrecher, SECOND by A. Nalwalk to approve the extension and continuance of RC #07-074 to August 2, 2007. MOTION CARRIED UNANIMOUSLY.
5. COMMISSION REVIEW: None
6. PENDING APPLICATIONS:
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: J. Siner for R. Stewart, V. Gregoropoulos, A. Nalwalk, L. Steinbrecher, D. Schweitzer seated for E. Boissevain
MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to waive many of the Site Plan
specifications (per Section 810) for this application for 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 L. Steinbrecher, SECOND by V. Gregoropoulos to approve Special Permit application #07-047, of Jonathan Edwards, 74 Chester Main Road, R-80 Zone, to enlarge the current farm winery barn to provide additional manufacturing, storage, office and tasting room space per the plans submitted with the following conditions:
1. Outdoor accessory activities/events (other than wine making activities) are allowed, from May 1st - Oct. 31st, and shall be limited to three (3) days per week. In addition, “Special Seasonal Events” exceeding three (3) days, may occur within the same time period.
2. There shall be no “on street parking” permitted for any activity associated with the property.
3. All outdoor music shall cease by 10:30 PM.
4. Outdoor music “noise” levels are to comply with Connecticut State Statute Title 22-a, Section 22-a, part 69, control of noise, as amended.
5. To incorporate the parking and lighting plans into the final plans for Commission approval.
MOTION CARRIED UNANIMOUSLY.
FINDINGS
In reviewing application and plans for this Special Permit application, the Commission shall seek
to determine the impact of the proposed use and/or structures on the site and the surrounding area. The Commission has reviewed and acted on this application based on the following findings per Section 702 a-j of the Regulations:
a. That the proposal is adequately served by a sufficient water supply, and the sanitary facilities will function without pollution.
No adverse comments have been received from the Town’s Sanitarian regarding the adequacy of the existing water and septic facilities. The proposal would add to the number of sanitary facilities available within the structure, and the applicant has indicated that portable sanitary facilities are brought in for larger outside events. The Sanitarian will review the proposal for compliance with the Public Health Code.
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 proposal is required to be reviewed by the Building and Fire Officials for compliance with the codes for structures to be occupied and accessed by the public. The applicant will have to comply with all code requirements when applying for building permits.
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 applicant has submitted a plan (Exhibits A & B) indicating existing and overflow parking areas for 300-360 vehicles. For heavily attended special events, the Applicant has stated that they seek permission to park vehicles on a neighbors’ property or at the Grange. Shuttle buses are provided to ferry event participants to and from the Grange parking area. The Commission has made a Condition of Approval that there shall be no on street parking. The Commission believes that sufficient measures are in place to avoid undue traffic generation and congestion.
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.
Research into the history of the use has revealed that the Farm Winery use was a permitted use of right in the zone when first established. Subsequent changes to the Zoning Regulations reclassified the use as a Specially Permitted use in the Zone. The proposal to expand the use required that a Special Permit be obtained. The Commission has heard testimony from several of the neighbors regarding the noise levels at certain events held at the site. The applicant is cognizant of this issue and has made every effort to minimize the impacts to the neighbors through admirable use of self imposed limits and restrictions. The Commission has imposed conditions #1, #3 & #4 to the Special Permit to define the limits, duration and frequency of allowable noise off-site for this use.
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 use has not been shown to have any significant adverse effects on the zone, property values, neighborhood or Town. The record reflects that the use has enhanced and preserved the character of the neighborhood and town in that the historical “agricultural” use has been preserved along with the rural character of the area.
f. That no deleterious impact on environmental resources will result.
No impacts to the environmental resources have been identified with this use.
g. That nothing will impair the public health, safety, and welfare of the people of the Town of North Stonington.
The applicant is required to comply with the Public health, building and fire codes. The Commission has place conditions on the use to address issues relating to traffic, traffic congestion, and the welfare of the neighbors.
h. That the proposed use and structure conforms to all requirements of the zoning district in which it will be located.
The proposed addition to the farm winery structure complies with the “Bulk area and yard” requirements of the R-80 Zone.
i. That all applicable regulations (State, Federal, and local) have been complied with, satisfying all design, procedural, and review requirements.
Approval of this application implies that the zoning requirements have been complied with. The applicant will be required to comply with all building, health and fire codes requirements before a building permit can be issued. The Commission has conditioned the Special Permit (condition #4) on compliance with State Statutes pertaining to “control of noise.”
j. That the proposed use and/or structure is consistent with the Town Plan of Development.
The proposed expansion of the existing use as a farm winery is consistent with the POCD in that the plan supports continued agricultural uses and encourages expansion of the existing agricultural uses.
B. 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 scheduled to open on 6/14/07; Received on 5/10/07 & PH must close on or by 7/12/07)
7. NEW APPLICATIONS: None
8. SENIOR PLANNING & ZONING OFFICIAL’S REPORT/ISSUES:
9. NEW BUSINESS: None
10. OLD BUSINESS:
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. (NO ACTION NEEDED; PH set for 7/05/07; Received on 5/03/07 & PH must close on or by 8/07/07)
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. . (NO ACTION NEEDED; PH set for 7/05/07; Received on 5/03/07 & PH must close on or by 8/07/07)
11. PLANNING ISSUES & DISCUSSION:
A. Shunock River Non-Infringement Area ERT Study
B. NEMO Task Force Update
No updates on Items A and B.
C. Inclusionary Zoning
D. Floating Zones
The Commission did not discuss Items C or D.
12. CORRESPONDENCE:
The Commission went over the correspondence in their packets.
13. REVIEW MINUTES:
Review minutes of Workshop and Regular Meeting of 6/07/07.
MOTION by V. Gregoropoulos, SECOND by D. Schweitzer to approve the workshop and regular meeting minutes of 6/07/07 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
14. ADJOURNMENT:
MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to adjourn the meeting at 10:50 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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