North Stonington, CT - Planning and Zoning Commission Draft Minutes for 1/03/2008

Planning and Zoning Commission Draft Minutes for 1/03/2008

Town of

North Stonington, CT

PLANNING & ZONING COMMISSION

REGULAR MEETING

THURSDAY, JANUARY 3, 2008 – 7:00 P.M.

New Town Hall

Conference Room

40 Main Street

North Stonington, CT 06359

Draft Minutes

1. CALL MEETING TO ORDER: Vice-Chairman Boissevain called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, January 3, 2008 at 7:03 p.m. at the New Town Hall, Conference Room.

COMMISSIONERS PRESENT: Elaine Boissevain, Vice-Chairman, Vilma Gregoropoulos, Secretary, Louis Steinbrecher, Joseph Siner and Alternate Members Duncan Schweitzer, Ann Brown and Susan Grufstedt

COMMISSIONERS ABSENT: G. Russell Stewart, III, Chairman

STAFF PRESENT: Administrative Assistant Cheryl Konsavitch, P&Z Attorney Michael Carey and Contracted SCCOG Planner, Jamie Rabbitt

2. ADDITIONS TO THE AGENDA:

MOTION by V. Gregoropoulos, SECOND by L. Steinbrecher to amend the agenda to add proposed 2008-2009 budget under Planning Issues & Discussion. MOTION CARRIED UNANIMOUSLY.

MOTION by V. Gregoropoulos, SECOND by L. Steinbrecher to amend the agenda to have Mr. Rabbit give a brief overview of the Special Permit Process after Public Comment. MOTION CARRIED UNANIMOUSLY.

3. PUBLIC COMMENT:

Nita Kincaid stated she expected to see something on the agenda pertaining to the moratorium. The Commission stated that a Moratorium outline will be added to next weeks agenda.

Mr. Rabbitt gave an explanation of the 2 functions of a Planning & Zoning Commission. Mr. Rabbitt stated the two primary functions of the Commission are administrative and legislative. The legislative applications that come before the Commission are text amendments and map changes. The Commission has broad discretion when making a decision on legislative applications. The administrative role deals with the approval, denial, modifications or conditioning of administrative applications. The Commission has much less discretion with these types of application. The Commission has a set of regulations and guidelines that they apply to the administrative applications and the Commission is bound by these regulations and guidelines if the application meets the regulations.

Mr. Rabbitt stated that with the Special Permit process the Commission is acting administratively, but the Commission has to weight certain criteria against the application.

5. PUBLIC HEARINGS:

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. (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)

Secretary Gregoropoulos read the application into the record.

L. Steinbrecher recused himself.

Seated: E. Boissevain, J. Siner, V. Gregoropoulos, D. Schweitzer seated for R. Stewart, S. Grufstedt seated for L. Steinbrecher

Atty. Thomas Grady representing the applicant went over the application with the Commission.

Mr. Gary Winalski, Engineer for the project discussed the clearing of the land with the Commission.

Secretary Gregoropoulos read the ZEO’s supplemental memo into the record pertaining to this application.

Secretary Gregoropoulos stated the applicant is requesting a landscaping waiver, and the plans that were shown to the Commission had a significant amount of natural vegetation, but a good amount had been cleared.

The Commission discussed the landscaping and would like to see a landscaping plan shown on the plans to replace the natural vegetation that had been cleared.

Mr. Winalski stated that he agreed the lot had been over cleared.

Vice-Chairman Boissevain asked if there were any questions or comments from the public pertaining to this application. The following person spoke.

Charlotte Dobson, Wyassup Road

Vice-Chairman Boissevain asked if there was anyone speaking in favor of this application. There were none.

Vice-Chairman Boissevain asked if there was anyone speaking against this application. There was none.

Atty. Grady read a letter requesting an extension for this application into the record.

MOTION by V. Gregoropoulos, SECOND by D. Schweitzer to accept the letter of extension for SPEC #07-149. MOTION CARRIED UNANIMOUSLY.

Vice-Chairman Boissevain stated the Public Hearing on SPEC #07-149 will be continued to 2/07/08 at 7:00 p.m. in the New Town Hall.

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; Commission received on 10/11/07 & PH must close on or by 1/08/08)

Secretary Gregoropoulos read the application into the record.

Seated: E. Boissevain, V. Gregoropoulos, J. Siner, D. Schweitzer seated for L. Steinbrecher, S. Grufstedt seated for R. Stewart

Mr. Rabbitt stated that applicant has amended their Special Permit to go from a box culvert to a clear span bridge. The applicant had originally planned to construct a pre-fabbed bridge kit but changed that engineering aspect to go to a fully engineering non-kit construction.

Mr. Rabbitt stated the applicant had submitted plans outside of the 10 day time frame and the Town Engineer did have time to review it, however Mr. Rabbitt had not reviewed it and had some suggestions. In talking to CLA Engineer Ellen Bartlett, she stated her client would like to request an extension for final staff review.

Secretary Gregoropoulos read the extension letter into the record.

D. Schweitzer asked that the steel is the proper size.

MOTION by V. Gregoropoulos, SECOND by S. Grufstedt to accept the extension request for 1 week. MOTION CARRIED UNANIMOUSLY.

Vice-Chairman Boissevain stated the Public Hearing on SPEC #07-155 will be continued to 1/10/08 at 7:00 p.m. in the New Town Hall.

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

Secretary Gregoropoulos read the application into the record.

Present: A. Brown, S. Grufstedt, D. Schweitzer, L. Steinbrecher, V. Gregoropoulos, E. Boissevain, J. Siner

Mr. Stano Trombino, applicant and Anthony Nenna of On-Site Engineering were present.

Mr. Nenna went over the site-plan with the Commission proposing a 25 ft. addition for a Subway Restaurant.

Secretary Gregoropoulos read a letter from the Town Sanitarian into the record.

The Commission asked questions pertaining to this application.

Vice-Chairman Boissevain asked if there were any questions or comments from the Public Hearing pertaining to this application. The following person spoke:

Ann Renehan

Vice-Chairman Boissevain asked if there was anyone from the Public speaking in favor of this application. The following people spoke:

2 unidentified people spoke

Vice Chairman Boissevain asked if there was anyone from the Public speaking against this application. There were none.

Vice-Chairman Boissevain stated the Public Hearing on SPEC #07-178 will be continued to 2/07/08 at 7:00 p.m. in the New Town Hall.

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 scheduled to open on 1/03/08; Received on 12/06/07 & PH must close on or by 3/06/08)

Secretary Gregoropoulos read the application into the record.

Present: A. Brown, S. Grufstedt, D. Schweitzer, L. Steinbrecher, V. Gregoropoulos, E. Boissevain, J. Siner

Atty. Michelle Buck representing the applicant was present along with Anthony Nenna of On-Site Engineering, Jenn Judge, Landscape Architect, Paul Holub, Architect and Michael Lenihan, Certified Appraiser.

Atty. Buck gave an overview of the application.

Mr. Rabbitt asked Atty. Buck under what section of the regulations do they feel allows a membership club with associated housing. Mr. Rabbitt stated it is a far stretch to say that residential units associated with a membership club are accessory. Mr. Rabbitt stated he believes there are 2 uses on this property, the primary use would be the studios and the secondary aspect is the clubhouse.

Mr. Rabbitt stated there have been a number of workshops on this proposal and staff had made it relatively clear that this proposal would require a text amendment and would not be allowed under the present regulations.

Mr. Rabbitt also stated that the application submitted to the Commission was incomplete. Mr. Nenna stated that he realizes the initial application submitted had been missing a few items which included drainage plans, erosion control and lighting plans. Mr. Rabbitt stated that the initial application was incomplete and the applicant has supplemented material to try to make the application complete.

Atty. Buck stated that once the Commission sees the presentation, they will agree with the applicant that it is in conformity with the regulations.

Mr. Nenna went over the site plan with the Commission.

The Commission asked questions pertaining to this application.

Mr. Rabbitt stated this application must also be submitted to DEP as it is over 5000 gallons of water.

Ms. Jenn Judge, Landscape Architect from RI went over the landscape plan with the Commission.

The Commission discussed a buffer for the neighboring homes.

Mr. Paul Holub, Architect went over the structures and Mr. Michael Lenihan, Certified Appraiser gave his expertise on the impact of the proposal on the Town.

Atty. Buck stated this membership club will have 36 charter members and no member will be able to live here year round. The charter members will own a suite and a 136^th share of the facility and be responsible for the financial stability of the club. They will elect a Board of Governors who will establish By-Laws for the club and also appoint an Executive Board who will run the club on a day to day basis. The Board of Governors will also appoint any committees they may need. There will also be subscribing members who will pay an initiation fee and yearly dues. The Charter Members along with the Board of Governors will also determine what clubs to run and they will determine how many employees are needed to run these clubs. There will be tennis, fishing, cross-country skiing and equestrian activities.

Vice-Chairman Boissevain asked if there were any questions or comments from the public pertaining to this application. The following people spoke:

Ann Renehan

Randy Winslow

Bill Sydenham

James Crider

Susan Cowley

Pat Lewis

Mr. Rabbitt stated he would like to go on record stating that this application does not appear to meet the regulations and when it was submitted it was incomplete and it is still incomplete with the revised information submitted this evening.

Atty. Carey commented on the incompleteness of the application and whether or not it meets the regulations.

Atty. Buck stated she believes the application that was submitted was complete and would like an opportunity to continue this Public Hearing.

Vice-Chairman Boissevain stated the Public Hearing on SPEC #07-180 will be continued to 1/10/08 at 7:00 p.m. in the New Town Hall.

E. 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 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)

6. COMMISSION REVIEW: None

7. PENDING APPLICATIONS:

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

8. NEW APPLICATIONS: None

9. SENIOR PLANNING & ZONING OFFICIAL’S REPORT/ISSUES: None

10. NEW BUSINESS: None

11. OLD BUSINESS: None

12. PLANNING ISSUES & DISCUSSION:

2008-2009 Budget

The consensus of the Commission was to approve the 2008-2009 proposed budget.

13. CORRESPONDENCE:

The Commission went over the correspondence in their packets.

14. REVIEW MINUTES:

Review minutes of Regular Meeting of 12/13/07

MOTION by L. Steinbrecher, SECOND by J. Siner to approve the minutes of the Regular Meeting minutes of 12/13/07 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.

15. ADJOURNMENT:

MOTION by L. Steinbrecher, SECOND by V. Gregoropoulos to adjourn the meeting at 11:05 p.m. MOTION CARRIED UNANIMOUSLY.

Respectfully Submitted,

Cheryl Konsavitch, Administrative Assistant

Planning & Zoning Office