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Planning and Zoning Commission Approved Minutes for 1/10/2008
 


Town of
 
North Stonington, CT
 
PLANNING & ZONING COMMISSION


 
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REGULAR MEETING

 
THURSDAY, JANUARY 10, 2008 – 7:00 P.M.
 
New Town Hall
Conference Room
40 Main Street

North Stonington, CT  06359

 
 
Minutes Approved ~ February 7, 2008
 
1.    CALL MEETING TO ORDERChairman Stewart called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, January 10, 2008 at 7:04 p.m. at the New Town Hall, Conference Room. 

 

COMMISSIONERS PRESENTG. Russell Stewart, Chairman, Elaine Boissevain, Vice-Chairman, Vilma Gregoropoulos, Secretary, Louis Steinbrecher, Joseph Siner and Alternate Members Duncan Schweitzer, Ann Brown and Susan Grufstedt    

    

COMMISSIONERS ABSENTNone 
 
 STAFF PRESENTAdministrative Assistant Cheryl Konsavitch, P&Z Attorney Michael Carey and Contracted SCCOG Planner, Jamie Rabbitt
 

2.  ADDITIONS TO THE AGENDANone    
 

3.  PUBLIC COMMENTNone 

 
5.  PUBLIC HEARINGS

 
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    (PH opened on 12/06/07 & continued to 1/03/08 & 1/10/08 (extension granted); Commission received on 10/11/07 & PH must close on or by 3/13/08)

 
Secretary Gregoropoulos read the application into the record.
 
Seated:  E. Boissevain, V. Gregoropoulos, J. Siner, D. Schweitzer for L. Steinbrecher, S. Grufstedt for R. Stewart
 
Chairman Stewart stated he has listened to the CD of the 1/03/08 meeting which he was not present for.
 
Ms. Ellen Bartlett of CLA Engineering representing the applicant was present for this application.
 
Mr. Bartlett stated this proposal is before the Commission to substitute a covered bridge at wetlands crossing that was originally approved with the installation of a box culvert.  The applicant plans to construct a fully engineered bridge.
 
Ms. Bartlett stated they have received 2 comments from the Town Engineer which they have incorporated into their revised plans.
 
D. Schweitzer asked for certification of the steel as a condition of approval.
 
Chairman Stewart asked if there were any questions or comments from the public pertaining to this application.  The following person spoke.
 
Anne Nalwalk
 
Chairman Stewart asked if there was anyone speaking in favor of this application.  There were none.
 
Chairman Stewart asked if there was anyone speaking against this application.  There were none.
 
MOTION by V. Gregoropoulos, SECOND by J. Siner to close the Public Hearing on SPEC #07-155.  MOTION CARRIED UNANIMOUSLY.

 
B.  SUB #07-156 (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 opened on 12/13/07 & continued to 1/10/08; Commission received on 10/11/07 & PH must close on or by 1/15/08)

 

Secretary Gregoropoulos read the application into the record.
 
Seated:  R. Stewart, E. Boissevain, L. Steinbrecher, J. Siner, A. Brown seated for V. Gregoropoulos
 
Mr. Michael Healey of Healey & Associates & Mr. Dana Barnes of Concord Equity Group were present for this application.
 
Mr. Healey went over the site-plan for the proposed 9-lot subdivision on approximately 72 acres with the Commission.
 
Chairman Stewart referred to the report by Towne Engineering item #3 that states that if the total volume of the storm water impoundments exceeds 5000 cubic feet per a Special Permit is required.
Chairman Stewart stated to Mr. Healey that they are 4 ½ times that amount and the Commission cannot approve the Subdivision without the Special Permit.
 
The Commission asked questions pertaining to this application.
 
Mr. Rabbitt explained he is not aware of any waiver provisions in the Special Permit criteria in regards to storm water management in aquifer protection areas.  Mr. Rabbitt stated you cannot approve a subdivision application that is not in compliance with the zoning regulations.
 
Mr. Healey discussed the conservation easements proposed on this property.
 
Chairman Stewart asked if there were any questions or comments from the public pertaining to this application.  The following people spoke:
 
Nita Kincaid
Randy Winslow
Anne Nalwalk
Ms. Nalwalk read a letter into the record from Adele Erisman
Mac Turner
Madeline Jeffery
 
Mr. Rabbitt stated that in regards to open space the provisions of state law allow the Commission to acquire up to 15% open space.  Mr. Rabbitt stated the conservation easements proposed in this subdivision serve a purpose primarily to the resident’s living in the subdivision and they do not serve a purpose to the residents in the community as a whole.   Mr. Rabbitt suggested the Commission should look at this as a possible fee in lieu of open space or a fee dedication with public access and interrelated to something else, not just the back land that the developer can’t put a house lot on.
 
The applicant requested an extension in writing to the Commission. 
 
Secretary Gregoropoulos read the extension letter request into the record.
 
MOTION by V. Gregoropoulos, SECOND by E. Boissevain to continue the Public Hearing on SUB #07-156 to 2/07/08.  MOTION CARRIED UNANIMOUSLY.

 
C.   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. 

(PH opened on 1/03/08 & continued to 1/10/08; Received on 12/06/07 & PH must close on or by 3/06/08)

 

Secretary Gregoropoulos read the application into the record
 
Present:  R. Stewart, E. Boissevain, V. Gregoropoulos, L. Steinbrecher, J. Siner, D. Schweitzer, S. Grufstedt, A. Brown
 
Atty. Michelle Buck and Mr. Tony Nenna were present representing the applicant.
 
Atty. Buck stated there were two specific issues that needed to be addressed  from the 1/03/08 Public Hearing which were to provide an explanation of the use and organization of the Deeryfield Sports Club and is the Deeryfield Sports Club, as proposed, a permitted use under the current zoning regulations?
 
Atty. Buck read and submitted a letter into the record pertaining to those issues.
 
The Commission asked questions pertaining to this application.
 
Mr. Rabbitt stated that the memo that Atty. Buck has read and submitted for the record is incomplete with regards to the application process of a Special Permit because it doesn’t give sufficient details.  The second aspect is this proposal sounds more like a hotel that is offering an amenity or a condo association with a 136 or140th ownership that offers amenities.  Mr. Rabbitt cautioned the Commission about interpreting their regulations to be anything like this, because if they do, the hotel and motel regulations are no longer applicable.
 
Atty. Carey stated he cannot disagree with what Mr. Rabbitt has just stated.
 
Chairman Stewart asked if there was anyone from the public with questions or comments pertaining to this application.  The following people spoke:
 
Randy Winslow
Fred Launer
Ann Renehan
Pat Lewis
Sue Cowley
Nita Kincaid
James Crider
Anne Nalwalk
Debra Downing-Stonington
2 Stonington residents whose names were not audible 
James Crider
Anne Nalwalk
Pat Turner
 
Commission discussion followed.
 
Mr. Frank Verzillo stated the main objective of this proposal was to give something back to the community.
 
MOTION by V. Gregoropoulos, SECOND by L. Steinbrecher to close the Public Hearing on SPEC # 07-180.  MOTION CARRIED UNANIMOUSLY.

 
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 & 2/07/08 (extension granted); Commission received on 10/04/07 & PH must close on or by 3/13/08)

 
E.  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 opened on 1/03/08 & continued to 2/07/08; Received on 12/06/07 & PH must close on or by 3/06/08)

 

6.  COMMISSION REVIEWNone

 

7.  PENDING APPLICATIONS:

 
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 opened on 12/06/07 & continued to 1/03/08 & 2/07/08 (extension granted); Commission received on 10/04/07 & PH must close on or by 3/13/08)

 

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   

(PH opened on 12/06/07 & continued to 1/03/08 & 1/10/08 (extension granted); Commission received on 10/11/07 & PH must close on or by 3/13/08)

 
Seated:  E. Boissevain, V. Gregoropoulos, J. Siner, D. Schweitzer for L. Steinbrecher, S. Grufstedt for R. Stewart
 
MOTION by V. Gregoropoulos, SECOND by E. Boissevain to approve SPEC #07-155 with the following condition:

 

That the applicant provides certification of steel per the approved plans by a licensed professional structural engineer prior to the installation and upon delivery for installation on the site.

 
MOTION CARRIED UNANIMOUSLY.

 

C.  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 opened on 1/03/08 & continued to 2/07/08; Received on 12/06/07 & PH must close on or by 3/06/08)

 

D.   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. 

(PH opened on 1/03/08 & continued to 1/10/08; Received on 12/06/07 & PH must close on or by 3/06/08)

 
 
E.  SUB #07-156 (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 opened on 12/13/07 & continued to 1/10/08; Commission received on 10/11/07 & PH must close on or by 1/15/08)

 
8.   NEW APPLICATIONSNone 

 

9.   SENIOR PLANNING & ZONING OFFICIAL’S REPORT/ISSUESNone 

 
10.  NEW BUSINESS:  None

 
11. OLD BUSINESSNone  

        
12.  PLANNING ISSUES & DISCUSSION:      
 

Moratorium Outline
 
Mr. Rabbitt went over an outline pertaining to the rewriting of the zoning regulations with the Commission.
 
13.  CORRESPONDENCE   

 

The Commission went over the correspondence in their packets. 
 
14.  REVIEW MINUTES:     

 
Review minutes of Regular Meeting of 1/03/08
 

MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to approve the minutes of the Regular Meeting minutes of 1/03/08 with the necessary corrections.  MOTION CARRIED UNANIMOUSLY.

 

15.  ADJOURNMENT:

 

MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to adjourn the meeting at 11:12 p.m.  MOTION CARRIED UNANIMOUSLY.

 

Respectfully Submitted,
 
 
 
 
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office