Town of
North Stonington, CT
PLANNING & ZONING COMMISSION
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REGULAR MEETING
THURSDAY, SEPTEMBER 2, 2010 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
Draft Minutes
1. CALL MEETING TO ORDER: Vice-Chairwoman Boissevain called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, September 2, 2010 at 7:05 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: Elaine Boissevain, Vice-Chairwoman, Joseph Siner, Secretary, Wayne Wilkinson, Peter McMorris (who left at 8:15 pm.) and Alternate Member Ann Brown
COMMISSIONERS ABSENT: Lou Steinbrecher, Chairman and Alternate Members Susan Grufstedt and Andrew Gaskins
STAFF PRESENT: Sr. Planner & Zoning Official Juliet Leeming, Administrative Assistant Cheryl Konsavitch and Commission Attorney Michael Carey
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC COMMENT: None
4. PUBLIC HEARINGS:
Secretary Siner read the application into the record.
A. SPEC #10-099 Application of Bison Brook Farms, Inc., 141 Swantown Road, Preston, CT 06365 for renewal of a Special Use Permit (#07-124) for Earth Excavation/Filling, property of Bison Brook Farms, Inc. at property located at 42 Button Road, approximately 2,500 feet north of the intersection of Northwest Corner Road and Button Road, North Stonington, CT 06359. Map #44, Parcel #6155 (PH scheduled to open on 9/02/10; Commission received on 8/12/10 & PH must close on or by 10/06/10))
Seated: E. Boissevain, P. McMorris, W. Wilkinson, A. Brown
J. Siner recused himself.
Atty. Harry Heller representing the applicant along with Mr. Tim Suchocki was present for this application.
Atty. Heller went over the application for the Commission and stated they are requesting a waiver of the requirement to update the site plan.
The Commission and ZEO Leeming asked questions pertaining to this application and asked if the current regulations would apply or the regulations that the application previously came under. Atty. Carey stated that the new regulations can apply.
Vice-Chairwoman Boissevain asked if there were any questions or comments from the public pertaining to this application. There were none.
Vice-Chairwoman Boissevain asked if there was anyone from the public speaking in favor of this application. The following person spoke and read a letter into the record submitted from a close neighbor to the property.
Anne Nalwalk
Catherine Files (letter submitted by A. Nalwalk on her behalf)
Vice-Chairwoman Boissevain asked if there was anyone from the public speaking against this application. There were none.
MOTION by A. Brown, SECOND by P. McMorris to close the Public Hearing on SPEC #10-099. MOTION CARRIED UNANIMOUSLY.
B. ZC #10-095 (Zone Change) Application of the Town of North Stonington, Planning & Zoning Commission, 40 Main Street, North Stonington, CT 06359 to identify the new “Level A” Aquifer Protection Area boundaries of existing zoning map to include all or some of the following parcels: Tax Map #1330, Parcels #0493, #3956, #9200, #9641, #0777, #5841 (NO ACTION NEEDED; Commission received on 8/05/10 & set for PH on 9/09/10)
5. COMMISSION REVIEW: None
MOITON by P. McMorris, SECOND by A. Brown to amend the agenda to discuss Item B before Item A. MOTION CARRIED UNANIMOUSLY.
6. PENDING APPLICATIONS:
Secretary Siner read the application into the record.
B. SPEC #10-099 Application of Bison Brook Farms, Inc., 141 Swantown Road, Preston, CT 06365 for renewal of a Special Use Permit (#07-124) for Earth Excavation/Filling, property of Bison Brook Farms, Inc. at property located at 42 Button Road, approximately 2,500 feet north of the intersection of Northwest Corner Road and Button Road, North Stonington, CT 06359. Map #44, Parcel #6155 (PH to opened & closed on 9/02/10; Commission received on 8/12/10 & Commission must close on or by 11/05/10)
Seated: E. Boissevain, P. McMorris, W. Wilkinson, A. Brown
J. Siner recused himself.
WAIVER
MOTION by A. Brown, SECOND by P. McMorris to waive the requirement for an updated topographical survey for this application and to accept the approved 2007 Plan in its place for the following reasons:
1. 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;
2. That much of the information required for Site Plan approval in Section 1700 will not contribute to a better understanding of the proposal, or its impacts on the community or the environment.
3. There has been very little change since the 2007 Site Plan was approved with respect to topography and site activity.
MOTION CARRIED UNANIMOUSLY.
BONDING
MOTION by P. McMorris, SECOND by W. Wilkinson to roll over the existing $50,000.00 bond from Special Permit #07-124 to this renewal permit. MOTION CARRIED UNAIMOUSLY.
MOTION/FINDINGS
MOTION by P. McMorris, SECOND by W. Wilkinson to approve Special Permit #10-099, Application of Bison Brook Farm Inc., for renewal of a Special Use Permit (#07-124) for Earth Excavation/Filling, property of Bison Brook Farms, Inc. at property located at 42 Button Road, approximately 2,500 feet north of the intersection of Northwest Corner Road and Button Road, North Stonington, CT with the following conditions:
1. All fees for any required site monitoring shall be paid by the applicant.
2. Rock crushing equipment shall not be brought onto the site and the use of pneumatic hammers is prohibited.
3. The hours of operation shall be only between 8:00 am to 5:00 pm and shall not be permitted on legal holidays or Sundays in accordance with North Stonington Zoning Regulation 1418.4(F).
4. Review by town engineer may be required for future permit renewals based on staff review and level of activity.
In reviewing the Application, the Commission has determined that the 21 continuous years of operation at the site have demonstrated that the health and public safety of the community will not be jeopardized and there shall be no adverse effects on the character of the district, property values or environmental resources.
Additionally, in consideration of the relevant criteria outlined in Section 1602 of the regulations, the Commission based its approval on the following findings:
1. The excavation operation shall be operated in a manner that protects the health, safety and welfare of the citizens of North Stonington. The original Special Permit Application was approved by the Inland Wetlands Commission.
2. 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. There is an estimated potential for 30 truck trips a day removing product from the site.
3. The use 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. Measures will be taken to control dust, the hours of operation respect the surrounding residential use, and vehicles and equipment will be stored in such a way as to not become a visual nuisance to surrounding homes.
4. No adverse effect will result to the character of the district, property values, historic features, or prosperity of the immediate neighborhood. This site has been utilized for earth excavation for over 21 years. All disturbed areas in prior phases of operation have been restored, and/or will be restored, for agricultural use which is in harmony with the Town’s desire to preserve existing agricultural operations.
5. The character of the immediate neighborhood in terms of scale, density, intensity of use shall be preserved. There is no change to the existing operation proposed.
6. No significant impact on environmental resources will result.
7. The proposed use is consistent with future development as identified and envisioned in these regulations and the North Stonington Plan of Conservation and Development.
The Commission finds that:
1. the Special Permit Renewal Application is in conformance with the applicable provisions of these Regulations;
2. the applicant has demonstrated, in the sole discretion of the Commission, that the application as proposed satisfies the applicable Special Permit criteria in Section 1602 of these Regulations; and
3. the Special Permit Application is in harmony with the purposes and intent of these Regulations.
MOTION CARRIED UNANIMOUSLY
Secretary Siner read the application into the record.
A. RC #10-059 (Regulation Change) Application of Milltown Commons, L.L.C., P.O. Box 183, North Stonington, CT 06359 to amend Section 1200 (Floating Zones/NEV-SDD) of the Town of North Stonington Zoning Regulations. (PH opened on 6/10/10 & continued to & closed on 7/01/10; Commission received on 6/03/10; & must act on or by 9/03/10)
Seated: E. Boissevain, J. Siner, W. Wilkinson, A. Brown
The Commission deliberated on this application and ZEO Leeming went over the changes to the regulation. The Commission asked the applicant for an extension to their 9/09/10 meeting.
MOTION by J. Siner, SECOND by W. Wilkinson to extend and continue deliberations and to approve the extension to the Commission’s 9/09/10 meeting. MOTION CARRIED UNANIMOUSLY.
7. NEW APPLICATIONS: None
8. PLANNING ISSUES & DISCUSSION:
Zoning Issues (Murray property-Cossaduck Hill Rd.)
ZEO Leeming went over proposed letter to Mr. Murray which is intended to serve as a follow-up to the site inspection which she conducted on August 25, 2010. The letter details recommendations to the Commission to what further clean-up should be required and what of the existing materials currently stored outdoors may remain and where.
9. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES:
ZEO Activity Report/August
ZEO Leeming went over her activity report for the month of August.
ZEO Leeming asked the Commission to review the proposed portable outdoor storage unit regulation and discussed a possible workshop with the public to discuss the storage units and signage.
10. NEW BUSINESS:
A representative of Hydroblasters came before the Commission to ask about self-contained car washes and left a DVD for the Commission to review. The Commission suggested a workshop do discuss this at their 9/09/10 meeting.
11. OLD BUSINESS: None
12. CORRESPONDENCE:
The Commission went over the correspondence in their packets.
13. REVIEW MINUTES:
Review minutes of Regular Meeting of September 2, 2010
MOTION by A. Brown, SECOND by J. Siner to approve the regular meeting minutes of 9/02/10 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
14. ADJOURNMENT:
MOTION by J. Siner, SECOND by W. Wilkinson to adjourn the meeting at 10:25 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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