Town of
North Stonington, CT
PLANNING & ZONING COMMISSION
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REGULAR MEETING
THURSDAY, SEPTEMBER 3, 2009 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
Minutes Approved ~ September 10, 2009
1. CALL MEETING TO ORDER: Chairman Stewart called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, September 3, 2009 at 7:00 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: G. Russell Stewart, III, Chairman, Louis E. Steinbrecher, Vice-Chairman (arrived at 7:04 p.m.), Vilma Gregoropoulos, Secretary, Elaine Boissevain, Joe Siner and Alternate Members Duncan Schweitzer and Ann Brown
COMMISSIONERS ABSENT: Alternate Member Susan Grufstedt
STAFF PRESENT: Sr. Planner/ZEO Juliet Leeming and Administrative Assistant Cheryl Konsavitch
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC COMMENT: None
4. PUBLIC HEARINGS:
A. SPEC #09-067 (Special Permit) Application of Mystic Solar, 18 Stonington Road, P.O. Box 250, Mystic, CT 06355 for the installation of a small wind energy system on property located at 272 Pendleton Hill Road, North Stonington, CT 06359 in an R-80 Zone. Tax Map #110, Parcel #0450. (PH scheduled to open on 9/03/09; Commission received on 8/06/09 & PH must close on or by 10/07/09)
Secretary Gregoropoulos read the application into the record.
R. Stewart, V. Gregoropoulos, E. Boissevain, J. Siner, A. Brown seated for L. Steinbrecher
Mystic Solar representing the applicant went over the site plan for the Commission. Mystic Solar stated that the applicant is proposing to install a 28’, 2.5 kw, vertical access wind turbine on 10.75 acre parcel.
Mystic Solar showed a video on his computer of the small wind turbine that the applicant would be installing on her property. Mystic Solar stated the video can be seen on utube.com website and go to helix wind.com.
The Commission asked questions pertaining to the site plan which included the fall zone, compliance block, revision date and the area of disturbance.
Chairman Stewart asked if there were any questions or comments from the public pertaining to this application. The following people spoke:
Unidentified person - asked how the site was chosen. Mystic Solar stated the applicant had first looked at solar and then decided to go with the wind turbine.
Nita Kincaid – asked if there were any other’s in the area. Mystic Solar stated there is one at the New Hampshire airport.
Unidentified person – asked how the turbine was maintained. Mystic Solar stated the pole is sandblasted and then coated with epoxy resin.
Unidentified person – asked if the turbines were on the Clean Energy Fund. Mystic Solar stated that they are not on the list yet.
John Olsen – asked a question on the background noise. Mystic Solar stated you would not be able to hear it on the property
Unidentified person –asked what kind of pipe was used. Mystic Solar stated that the pipe was made at Stonington Steel.
Mystic Solar submitted for the record (Exhibit A) a handout on the HelixWind Model S322 which explains how it work and the technical specifications.
The Commission discussed lighting and abandonment of the turbine.
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. There were none.
The Commission went over the waiver requests from the applicant and stated that waiver requests were needed for Sections 1704.1, 1704.2(C), 1704.2(F), 1704.2(K) and 1704.2(BB).
Chairman Stewart asked if the applicant would like to make a rebuttal or summarization. He did not.
MOTION by V. Gregoropoulos, SECOND by J. Siner to close the Public Hearing on SPEC #09-067. MOTION CARRIED UNANIMOUSLY.
B. ZC #09-071 (Zone Change) Application of Milltown Commons, L.L.C., P.O. Box 183, North Stonington, CT 06359 for a change to the zoning map to create a New England Village Special Design District (NEV-SDD) mixed use zoning district only to property wholly located within eight tenths (.8) of a mile of the center of the Route2/Route 184 rotary, west of Route 2 and north of Route 184, which property has frontage on Route 2 and Route 184. Primary vehicular access to a NEV-SDD development shall be on Route 2 or Route 184. A
concurrent master plan is part of this application. (NO ACTION NEEDED); PH scheduled to open on 10/01/09; Commission received on 8/13/09 & PH must close on or by 11/04/09)
C. Public Hearing to hear and consider the Plan of Conservation and Development for the adoption of the recent revisions of the Plan that include the addition of Appendix B, Plan for Conservation and Recreation Lands. (NO ACTION NEEDED; PH scheduled to open on 9/10/09)
5. COMMISSION REVIEW: None
6. PENDING APPLICATIONS:
SPEC #09-067 (Special Permit) Application of Mystic Solar, 18 Stonington Road, P.O. Box 250, Mystic, CT 06355 for the installation of a small wind energy system on property located at 272 Pendleton Hill Road, North Stonington, CT 06359 in an R-80 Zone. Tax Map #110, Parcel #0450. (PH scheduled to open on 9/03/09; Commission received on 8/06/09 & PH must close on or by
10/07/09)
WAIVERS
MOTION by V. Gregoropoulos, SECOND by E. Boissevain to grant the waivers to the following sections with reasons:
Section 1704.1 – Profession Preparation – The Site Plan does not involve grading, paving, road construction or drainage work. Relevant information required in Section 1704 and all the information requested in Section 1577 can be displayed on a plot plan that is drawn to scale. If a professional assists with the plan, a live signature and seal will be provided.
Section 1704.2(C) – Property Boundaries – A-2 Survey is not necessary to show the location of the small turbine. This requirement is more relevant in new construction or development of a site, not for an accessory structure that will be placed within the setbacks that have already been established when the home was built.
Section 1704.2(F) – Existing and proposed contour lines – Some topographical information may be relevant, but there is no proposed grading of the site in conjunction with this project. Again, this is relevant for larger construction or development projects. What would be useful in this application is the elevation at the site of the turbine and the elevations of surrounding structures or general topography of the site as it relates to the visibility of the turbine.
Section 1704.2(K) – Landscape plan – This requirement is geared toward new construction of a principal use, not an accessory use. Landscaping isn’t required for a Single-Family Home, nor for any accessory structures associated with the home.
Section 1704.2(BB) – Identification of surface and groundwater resources on and around the site – This requirement is not relevant to the project. The installation of the turbine will not disturb enough soil to be of concern. This is not something that is required for an application for a structure that will be accessory to a single-family home.
MOTION CARRIED UNANIMOUSLY.
FINDINGS
1602.1 that the proposal is adequately served by an appropriately designed and sufficient water supply, and sanitary facilities;
Not applicable to the installation of a wind turbine.
1602.2 that the use(s) and/or structure(s) be arranged, constructed, and operated in a manner that protects the health, safety and welfare of the citizens of North Stonington;
The turbine sites in the middle of a 10.75 acre lot. A 35’ fall zone is required. The turbine is 61’ from the home located on the parcel and hundreds of feet away from the nearest neighboring structures. The home is located up a very long driveway, well shielded from the road. The parcel is bordered by other large residential lots. This particular type of wind turbine has no blades. It is perceived as a solid structure by bats and birds. Some of the concerns such as ice throw and flicker just don’t apply. This type of turbine does not need to be as high up in the air as the horizontal access turbine as was permitted on Wintechog Hill. The health, safety and welfare of the citizens of North Stonington will not be jeopardized by the installation
of this turbine; they will never know that it is even there.
1602.3 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;
Not applicable to the installation of a wind turbine accessory to an established structure on an established lot. No traffic congestion will be created.
1602.4 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, appearance, or other similar reasons.
The site is heavily wooded. The home is not visible from the street. The turbine will not be visible from Pendleton Hill Road. I do not foresee that this turbine will create a visual disturbance for anybody in North Stonington. The turbine is located so as to not create any possible nuisance with respect to noise. There are no odors, fumes, dust or notable vibrations associated with this wind turbine, given its isolated location. Very few people will even know it is there.
1602.5 that no adverse effect will result to the character of the district, property values, historic features, or prosperity of the immediate neighborhood;
Studies have shown that while there is always some initial concern about decreasing property value, the opposite is generally true. Wind power is often seen as a positive community attitude towards renewable energy. North Stonington has expressed an interest and commitment towards exploring alternative energy options. Given the remote location of the property and the size of the turbine, there will be little, if any, effect on neighboring properties.
1602.6 the preservation of the character of the immediate neighborhood in terms of scale, density, intensity of use and architectural character;
Not applicable to the installation of a wind turbine. This is speaking more to buildings and subdivisions, etc.
1602.7 that no significant impact on environmental resources will result; and
No wetlands or other natural resources will be affected by this project. If anything, the generation of wind power verses the continued use of other fossil fuel dependent power supplies will have a positive effect on the environment. No species of concern, as indicated on the NDDB Map, are indentified on this parcel.
1602.8 The that the proposed use and/or structure is consistent with future development as identified and envisioned in these regulations and the North Stonington Plan of Conservation and Development
One of the objectives in the 2003 POCD was to plan for the use of renewable sources of energy. This Commission adopted new regulations in 2008 to allow small and large-scale wind facilities in North Stonington which is certainly consistent with this stated objective.
DECISION
MOTION by V. Gregoropoulos, SECOND by E. Boissevain to approve SPEC #09-067 with the following modifications and 1 condition:
1. Correcting the fall zone to the scale of the map
2. Add the language from Section 3 to general Note 3
3. Eliminate the current Note #7 and replace with a new Note #7 that no signage or lighting be proposed
5. Adding the revision date to the plan
6. Typo of general note 4
7. Adding the height on the conformance block
And with the condition the Special Permit is Contingent on the verification that a letter was sent to CL& P stating they were notified of this application.
MOTION CARRIED UNANIMOUSLY.
7. NEW APPLICATIONS: None
8. PLANNING ISSUES & DISCUSSION:
A. Discussion of Equine Stable/Equine Enterprise proposed draft regulations with public participation.
The Commission discussed proposed regulations for equine stable/equine enterprise with public participation.
B. Mixed Use Regulations
The Commission discussed a possible overlay zone for proposed mixed use regulations and discussed extra buffers, landscaping, more controls, architectural design and maximum acreage.
C. Storm Water Regulations
The Commission reviewed the final language of the proposed storm water regulations and ZEO Leeming will submit an application on behalf of the Planning & Zoning Commission.
9. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES:
ZEO Activity Report/August
ZEO Leeming went over her activity report for the month of August with the Commission and also discussed the language concerning Commercial Caretaker which differs in two sections of the regulations.
10. NEW BUSINESS:
Secretary Gregoropoulos stated to the Commission that when an applicant gives a presentation during the Public Hearing, all information given at the public hearing should be in the record. Chairman Stewart will speak to Atty. Carey on this matter.
The Commission also discussed smaller plan sizes for Public Hearings for Commission members, but ZEO Leeming stated that this is a requirement of the regulations.
11. OLD BUSINESS:
12. CORRESPONDENCE:
The Commission went over the correspondence in their packets.
13. REVIEW MINUTES:
Review minutes of Regular Meeting of 8/13/09.
MOTION by V. Gregoropoulos, SECOND by J. Siner to approve the regular meeting minutes of 8/13//09 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
14. ADJOURNMENT:
MOTION by V. Gregoropoulos, SECOND by J. Siner to adjourn the meeting at 9:55 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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