Town of
North Stonington, CT
PLANNING & ZONING COMMISSION
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REGULAR MEETING
THURSDAY, FEBRUARY 11, 2010 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
Minutes Approved ~ March 4, 2010
1. CALL MEETING TO ORDER: Chairman Steinbrecher called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, February 11, 2010 at 7:03 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: Louis Steinbrecher, Chairman, Elaine Boissevain Vice-Chairwoman, Joseph Siner Secretary, Peter McMorris, Wayne Wilkinson and Alternate Members Ann Brown and Andrew Gaskins
COMMISSIONERS ABSENT: Alternate Member Susan Grufstedt
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:
Mr. Bill Ricker of the Open Space/Conservation Easement Subcommittee along with Nita Kincaid and Bob Fleury spoke to the Commission to consider “Fees in Lieu” of taking land in accordance with CGS 8-25, 8-25b and spoke about the benefits of “fee in lieu”.
Nicholas Mullane, 1st Selectman also spoke on this issue and submitted a letter to the Commission on this subject. Mr. Mullane also commended the members of the OS/CE Subcommittee on all their hard work and time they have put into this subcommittee.
4. PLANNING ISSUES & DISCUSSION:
200 Wyassup Road – Great room addition
Larry & Susan Southwick were present. ZEO Leeming stated that she is not comfortable signing off on this permit and would like the Commission’s input. The site-plan refers to an A-3 which indicates a church. The Southwick’s submitted a letter stating what the addition would be used for and pictures of the property.
Atty. Carey stated this would be an accessory use to the residence and would be used for gatherings and if this use is not consistent with the use of the house then it would become a zoning issue. Mr. & Mrs. Southwick stated that the addition would not be a church.
Nick Mullane, 1st Selectman addressed parking issues along with Shawn Murphy who stated he has been at the Southwick’s and the driveway is wide enough to handle several cars and emergency vehicles.
Several friends and neighbors of the Southwick’s spoke in favor of the great room addition.
The consensus of the Commission was to have ZEO Leeming approve this application.
5. WORKSHOP:
Tom Vignato requested a workshop to discuss possible recreational use at Romanella site on Boombridge Road.
Mr. Vignato came before the Commission to discuss utilizing the property as an outdoor sports area which may include but is not limited to zip line, BMX bike racing, rock wall climbing and paint ball. The site may include an accessory structure used for storage and portable bathrooms but Mr. Vignato stated he has no plans on building any other structures on the site.
The Commission liked the concept of Mr. Vignato’s proposal and asked him to look at regulations from other towns that allowed this type of use. The Commission also asked that Mr. Vignato better define his use of the property.
6. PUBLIC HEARINGS: (NO ACTION NEEDED ON ITEMS A & B)
A. RC #10-004 (Regulation Change) Application of the North Stonington Planning & Zoning Commission, 40 Main Street, North Stonington, CT 06359 to amend Section 1703.1B (Site Plan Requirements and Sections 1533, 1533.1 & 1533.2 (Home Occupations) of the Town of North Stonington Zoning Regulations. (NO ACTION NEEDED; PH scheduled to open on 3/04/10; Commission
received on 2/04/10 & PH must close on or by 4/07/10)
B. SPEC #10-007 (Special Permit) Application of Kidd’s & Company, c/o Allen M. & Christine A. Hare, 172 Providence-New London Turnpike, North Stonington, CT 06359 to construct a 1,660 sq. ft. addition to existing daycare. Tax Map #121, Parcel #7485
(NO ACTION NEEDED; PH scheduled to open on 3/04/10; Commission received on 2/04/10 & PH must close on or by 4/07/10)
7. COMMISSION REVIEW: None
8. PENDING APPLICATIONS:
A. RC #09-096 (Regulation Change) Application of V&M Construction, Inc., 22 Beach Street, Westerly, RI 02891 to amend the Town of North Stonington Zoning Regulations to add new zoning district for affordable housing development with related zoning standards.
(PH opened on 12/03/09 & continued & extended to 1/07/10 & 1/14/10; PH closed on 1/14/10; Commission received on 11/05/09 & Commission must act on or by 3/19/10)
Secretary Siner read the application into the record.
Chairman Steinbrecher recused himself.
Seated: E. Boissevain, J. Siner, P. McMorris, A. Brown
The Commission deliberated on RC #09-096 and some issues they discussed were permitted uses in Section 1106.3(c), community center definition and home occupation by special permit.
MOTION by A. Brown, SECOND by P. McMorris to approve RC #09-096 application of V&M Construction, Inc., 22 Beach Street, Westerly, RI 02891 to amend the Town of North Stonington Zoning Regulations to add new zoning district for affordable housing development with related zoning standards. Effective the day after publication. MOTION CARRIED UNANIMOUSLY.
This decision has been made in accordance with Section 8-30g of the Connecticut General Statues and from having thoroughly reviewed the proposed text amendments to the Zoning Regulations submitted with the above referenced Application.
The Commission has established, based on evidence in the record, the following:
1. The credible, relevant evidence submitted during the application process is insufficient to establish that denial of the application is necessary to protect substantial public interests in health, safety, or other matters which the Commission my legally consider under section 8-30(g), and that such public interests clearly outweigh the need for affordable housing in North Stonington and cannot be protected by reasonable changes to the affordable text.
2. Though concern was raised about the affect of the proposed development on the public drinking water supply, and underlying Sole Source Aquifer, and though these concerns qualify as a valid public interest under C.G.S. 8-30(g), the Commission does not have sufficient evidence to establish that the development depicted on the conceptual plan is likely to result in harm to the substantial public interest in protecting the Sole Source Aquifer.
3. The Town of North Stonington has less than one percent of their housing stock meeting statutory definitions of affordability, indicating the need for affordable housing.
4. The proposed affordable housing development is consistent with the Plan of Conservation and Development including its recommendations with respect to location and goals and objectives pertaining to the need to provide more of a range of housing choices.
5. The original text of the proposed regulations was modified to:
a. include the definition of Community Center; the inclusion of Home Occupation by Special Permit only; and the requirement that the applicant submit a detailed Site Plan, in conformance with relevant portions of Section 1700 of the Zoning Regulations, and which shall contain sufficient information to demonstrate that the affordable housing development will not adversely affect public health, safety, and welfare. Such information will include, without limitation, demonstration of site suitability for on-site septic treatment;
the availability of water for domestic and/or fire suppression needs; a detailed Stormwater Management Plan, and a detailed Traffic Study.
b. contain the requirement that the applicant secure all necessary legal agreements and/or permit approvals including without limitation: permits and approvals associated with site access, fire suppression, the construction, installation, operation, maintenance, and/or repair of any on-site sewage disposal system(s); and/or the extension and provision of a public water supply to the site, and such legal agreements and/or permits must be approved beyond any available legal appeal before any building permits may be
issued.
c. The Commission finds that the modifications are essential to assure the Commission that before a Site Plan is approved and building permits are issued for an affordable housing project on this site, the applicant will be required to present sufficient evidence to demonstrate that the affordable housing project ultimately approved for the site will not pose a substantial risk of harm to substantial public interests in health, safety, or other matters that the Commission may legally consider, e.g., clean water, protection of
current and future water sources, adequate control and treatment of storm water, and traffic and fire safety, and that without the provision of such information, the Commission would be wholly unable to determine whether such public interests would be likely to be severely, adversely affected, and the need for such information would therefore clearly outweigh the need for affordable housing. The protection of such public interests is only possible by way of these reasonable changes to the affordable housing application. Public interests at stake clearly would outweigh the need for affordable housing.
B. ZC #09-097 (Zone Change) Application of V&M Construction, Inc., 22 Beach Street, Westerly, RI 02891 to amend the Town of North Stonington Zoning Map to add new Affordable Housing Development Overlay Zone. The proposed zone consists of 7.24 acres with 600 feet of frontage on Route 2 & borders on the Commercial One (C1) Zone to the South & the R40 Residential Zone to the West & North & identified as Map/Parcel #10l/3214/4126/5046/6957
(PH opened on 12/03/09 & continued & extended to 1/07/10 & 1/14/10; PH closed on 1/14/10; Commission received on 11/05/09 & Commission must act on or by 3/19/10)
Secretary Siner read the application into the record.
Chairman Steinbrecher recused himself.
Seated: E. Boissevain, J. Siner, P. McMorris, A. Brown
MOTION by J. Siner, SECOND by P. McMorris to approve ZC #09-097 Application of V&M Construction, Inc., 22 Beach Street, Westerly, RI 02891 to amend the Town of North Stonington Zoning Map to add new Affordable Housing Development Overlay Zone – Meadow Court effective the day after publication. MOTION CARRIED UNANIMOUSLY.
9. NEW APPLICATIONS: None
10. PLANNING ISSUES & DISCUSSION:
LED Sign at Middle/High School
Chairman Steinbrecher distributed information on LED signs that the North Stonington School District was interested in purchasing for the Commission to review. Chairman Steinbrecher asked the Commission to look over the information as the regulations do not allow these types of signs.
11. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES:
Zoning Issues
ZEO Leeming discussed proposed draft regulations allowing temporary and permanent storage containers. The Commission discussed allowing temporary storage containers, but did not want to allow them permanently. ZEO Leeming will draft proposed regulations for the Commission to comment on
ZEO Leeming also discussed the White court case and a complaint concerning a crowing rooster.
12. NEW BUSINESS:
13. OLD BUSINESS: None
14. CORRESPONDENCE:
The Commission went over the correspondence in their packets.
15. REVIEW MINUTES:
Review minutes of Regular Meeting of 2/4/10
MOTION by E. Boissevain, SECOND by P. McMorris to approve the regular meeting minutes of 2/4/10 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
16. ADJOURNMENT:
MOTION by E. Boissevain, SECOND by P. McMorris to adjourn the meeting at 10:10 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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