Town of
North Stonington, CT
PLANNING & ZONING COMMISSION
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REGULAR MEETING
THURSDAY, JUNE 10, 2010 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
Draft Minutes
1. CALL MEETING TO ORDER: Secretary Siner called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, June 10, 2010 at 7:06 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: Louis Steinbrecher, Chairman (who arrived at 7:45 p.m.), Joseph Siner Secretary, Peter McMorris, Wayne Wilkinson (left at 10:07 p.m.) and Ann Brown
COMMISSIONERS ABSENT: Vice-Chairwoman, Elaine Boissevain and Alternate Members Susan Grufstedt and Andrew Gaskins
STAFF PRESENT: Sr. Planner & Zoning Official Juliet Leeming, Administrative Assistant Cheryl Konsavitch, Consulting Engineer Donald Aubrey 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 #10-050 (Excavation) Application of Ledyard Lewis, 273 Boombridge Road, North Stonington, CT 06359 to excavate & re-grade existing agricultural land in order to expand and increase productivity of cropland & to create manageable farming areas at property located on Anthony Road, property of Ledyard E. & Harry B. Lewis. Tax Map #124, Parcel #5167. (PH opened on 6/03/10 &
continued to 6/10/10; Commission received on 5/06/10 & PH must close on or by 7/07/10)
Seated: A. Brown, J. Siner, P. McMorris, W. Wilkinson
Mr. Anthony Nenna, of On-Site Engineering, representing the applicant submitted a project narrative report and stormwater management plan addenda and briefly went over with the Commission.
Chairman Steinbrecher asked if there were any questions or comments from the public pertaining to this application. The following people spoke:
Anne Nalwalk
Robert Miner
Chairman Steinbrecher asked if there was anyone from the public speaking in favor of this application. The following people spoke:
Nick Mullane
Vilma Gregoropoulos
Bob Fleury
Nita Kincaid
Dick Blodgett
Chairman Steinbrecher asked if there was anyone from the public speaking against this application. There were none.
MOTION by A. Brown, SECOND by W. Wilkinson to close the Public Hearing on SPEC #10-050. MOTION CARRIED UNANIMOUSLY.
MOTION by A. Brown, SECOND by W. Wilkinson to amend the agenda to go to Pending Applications, Item A then back to regular agenda format. MOTION CARRIED UNANIMOUSLY.
6. PENDING APPLICATIONS:
A. SPEC #10-050 (Excavation) Application of Ledyard Lewis, 273 Boombridge Road, North Stonington, CT 06359 to excavate & re-grade existing agricultural land in order to expand and increase productivity of cropland & to create manageable farming areas at property located on Anthony Road, property of Ledyard E. & Harry B. Lewis. Tax Map #124, Parcel #5167. (PH opened on 6/03/10 &
continued to 6/10/10; Commission received on 5/06/10 & PH must close on or by 7/07/10)
Seated: A. Brown, J. Siner, P. McMorris, W. Wilkinson
WAIVER REQUEST
MOTION by A. Brown, SECOND by W. Wilkinson to approve the waiver request to Section 1704.2(C) of the Zoning Regulations. The project involves gravel removal and regarding existing agricultural land to support farming activities. The applicant conducted and recorded a boundary survey. MOTION CARRIED UNANIMOUSLY.
MOTION/FINDINGS
MOTION by A. Brown, SECOND by P. McMorris to approve Special Permit #10-050, Application of Ledyard Lewis, 273 Boombridge Road, North Stonington, CT 06359 to excavate & re-grade existing agricultural land in order to expand and increase productivity of cropland & to create manageable farming areas at property located on Anthony Road, property of Ledyard E. & Harry B. Lewis with the following conditions:
1. Groundwater shall be monitored at least every two (2) weeks during the high water season and monthly thereafter for the first year (per phase).Reports shall be sent to the Land Use Office and will be forwarded to the Town Engineer.
2. Additional test holes and borings to be installed prior to the start of each phase of operation as indicated on the Plan Showing Test Holes and Borings and the data shall be analyzed by the applicant’s engineer as well as the town engineer and plans will be modified per the recommendation of the town engineer and approved by the ZEO or Commission.
3. A Monitoring Well shall be installed within the detention basin location.
4. Surety posted with the Town per Section 1707 shall be in an amount and form agreeable to the Commission and approved by the Town Engineer and Town Attorney. No Zoning permit shall be issued for the approved activity until the surety has been provided in the required amount and form.
5. All fees for ongoing site monitoring (estimates may be submitted per phase) shall be paid by the applicant.
The Commission, in reviewing the application for Special Permit and arriving at its decision, considered the relevant criteria outlined in Section 1602 of the regulations and thereby 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 Application has been approved by the Inland Wetlands Commission. Additional test holes and borings will be installed prior to the start of each phase and plans will be adjusted accordingly.
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. Though there will be a significant increase in truck traffic, the proposed hours of operation and proposed truck route will help minimize potential adverse effects on the local public.
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, the truck route is proposed to minimize impact on the surrounding residences, 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. The Lewis farm is a long established active dairy farm and considered vital with respect to the goal of preserving existing agricultural operations in town.
5. Though the total acreage of tillable fields will increase, the character of the immediate neighborhood in terms of scale, density, intensity of use shall be preserved. Agricultural use in this neighborhood has existed for many generations.
6. No significant impact on environmental resources will result. Best management practices will be implemented and monitored to control soil erosion. Plans were revised to incorporate temporary sediment containment areas in addition to the existing containment areas. Additional test holes may be provided as needed and the water table within the detention area shall be monitored throughout all phases of the operation. A sediment forebay is proposed around a portion of the detention basin to minimize the extension of fill into the
wetlands buffer.
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 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.
4. PUBLIC HEARINGS:
Secretary Siner read the application into the record.
B. 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; Commission received on 6/03/10; & PH must close on or by 7/14/10)
Seated: L. Steinbrecher, J. Siner, P. McMorris, W. Wilkinson, A. Brown seated for E. Boissevain
Vilma Gregoropoulos asked for a Point of Order and questioned why the agenda stated the application was received on 6/03/10 and set for Public Hearing 7 days later, and was the application complete. ZEO Leeming stated that the agenda was correct and the application was complete when submitted to the Land Use Office.
Mr. Alan Pesch and Atty. Mark Branse were present for this application.
Atty. Branse went over the changes to the text with the Commission and the Commission asked questions throughout the presentation including what number residential units will be affordable.
Chairman Steinbrecher asked if there were any questions or comments from the public pertaining to this application. The following people spoke:
Vilma Gregoropoulos
Marilyn Mackay
Nita Kincaid
Mary Ann Ricker
Dick Blodgett
Anne Nalwalk
Bob Fleury
JoAnna Negri
Bill Ricker
John Olsen
Wayne Sidell
Jane Dauphinais, Director of the Southeastern Connecticut Housing Alliance
Pat Lewis
MOTION by J. Siner, SECOND by W. Wilkinson to continue the Public Hearing on RC #10-059 to July 1, 2010. MOTION CARRIED UNANIMOUSLY.
Secretary Siner read the application into the record.
C. SUB #10-025 (Subdivision) Application of James Johnson, P.O. Box 353, Ledyard, CT 06339 for a 1-lot subdivision on property located at 296 Cossaduck Hill Road, North Stonington, CT 06359. Tax Map #57, Parcel #4441 (PH opened on 5/13/10 & continued to & closed on 6/10/10; Commission received on 3/11/10; & PH must close on or by 6/16/10)
W. Wilkinson recused himself
A. Brown stated she was not present at the 5/13/10 meeting, but listened to the tape of the meeting.
Seated: L. Steinbrecher, J. Siner, P. McMorris, A. Brown
Attorney Lloyd Langhammer was present representing the applicant.
Vilma Gregoropoulos spoke on behalf of abutting property owner Sandra Schroeder on various issues concerning the well and driveway and submitted information pertaining to the issues regarding the property.
Sandra Schroeder stated that she opposes this application and gave a brief overview of problems pertaining to her well on Mr. Johnson’s property.
Atty. Langhammer went over the reasons why this lot should be approved as an interior lot and had submitted information about the lot history at the previous Public Hearing on May 13th.
Atty. Carey went over his memo regarding this application and stated to the Commission that it is up to them to decide if this application meets the requirements of an interior building lot.
Chairman Steinbrecher asked if there were any questions or comments from the public pertaining to this application. The following person spoke:
Vilma Gregoropoulos
MOTION by A. Brown, SECOND by P. McMorris to close the Public Hearing on SUB #10-025. MOTION CARRIED UNANIMOUSLY.
D. RC #10-066 (Regulation Change) Application of R.E.P., L.L.C., 89 Plaza Court, Groton, CT 06340 to add new Section 1456-Solar Energy Systems to the Town of North Stonington Zoning Regulations. (NO ACTION NEEDED; PH scheduled for 8/05/10; Commission received on 6/03/10 & PH must close on or by 9/08/10)
5. COMMISSION REVIEW: None
6. PENDING APPLICATIONS:
B. SUB #10-025 (Subdivision) Application of James Johnson, P.O. Box 353, Ledyard, CT 06339 for a 1-lot subdivision on property located at 296 Cossaduck Hill Road, North Stonington, CT 06359. Tax Map #57, Parcel #4441 (NO ACTION NEEDED; PH opened on 5/13/10 & continued to 6/10/10; Commission received on 3/11/10; & PH must close on or by 6/16/10)
The Commission briefly discussed this application and will continue deliberation at their July 1st meeting.
7. NEW APPLICATIONS: None
8. PLANNING ISSUES & DISCUSSION:
Zoning Issues
ZEO Leeming stated that a letter has been sent to Tinaco concerning their Special Permit and requesting their presence at the Commission’s August 5th meeting.
ZEO Leeming discussed with the Commission, the medical clinic that was recently approved and the issue of consolidated parcels and how to un-merge them. Atty. Carey stated he would look into the matter.
ZEO Leeming also discussed the issue of land that is divided by 2 towns and placing an accessory structure on the parcel located in North Stonington. Atty. Carey stated he would also look into this issue.
ZEO Leeming briefly went over the Aquifer Protection Training Seminar she recently attended.
9. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES:
ZEO Leeming briefly went over the Aquifer Protection Training Seminar she recently attended.
10. NEW BUSINESS: None
11. OLD BUSINESS: None
12. CORRESPONDENCE:
The Commission went over the correspondence in their packets.
13. REVIEW MINUTES:
Review minutes of Regular Meeting of May 13, 2010
MOTION by A. Brown, SECOND by J. Siner to approve the regular meeting minutes of 6/03/10 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
14. ADJOURNMENT:
MOTION by A. Brown, SECOND by J. Siner to adjourn the meeting at 11:30 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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