Town of
North Stonington, CT
PLANNING & ZONING COMMISSION
|
|
REGULAR MEETING
THURSDAY, MAY 13, 2010 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
Draft Minutes
1. CALL MEETING TO ORDER: Chairman Steinbrecher called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, May 13, 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 and Wayne Wilkinson
COMMISSIONERS ABSENT: Alternate Members Susan Grufstedt, Ann Brown 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:
John Olsen asked that the Commission include in their bucket list farm hand or caretaker housing on farms.
Mary Ann Riker representing the N.S. Affordable Advisory Committee read a letter into the record urging the Planning & Zoning Commission to consider asking for 20% affordable housing in the Milltown application.
Jane Dauphinais, Director of the Southeastern CT Housing Alliance spoke on affordable components in Milltown.
4. WORKSHOP:
Milltown Commons workshop for a pre-application meeting and to give new Commission Members an update on Milltown Commons
Mr. Alan Pesch came before the Commission to discuss the New England Village Special Design District proposal.
The Commission asked questions pertaining to water and sewer, package plant and affordable units.
ZEO Leeming asked what level of detail the Commission expected to see in a Master Plan. The Commission discussed whether the applicant needed to show water and sewer, affordability, changes to the rotary, what would the feasibility study consist of, size of the units and traffic implications.
John Olsen and Jane Dauphinais discussed incentive points.
ZEO Leeming recommended the Public Hearing on this proposal be scheduled for June 10, 2010.
5. PUBLIC HEARINGS:
Secretary Siner read the application into the record.
A. 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 scheduled to open on 5/13/10; Commission received on 3/11/10; & PH must close on or by 6/16/10)
Secretary Siner stated for the record that he does business with Ms. Camp and he feels he can be objective on this application.
W. Wilkinson recused himself.
Seated: L. Steinbrecher, E. Boissevain, J. Siner, P. McMorris
Atty. Lloyd Langhammer, Susan Camp, Land Surveyor and Dr. Susan Cullen, Municipal Planner were present representing Mr. & Mrs. Johnson.
Ms. Camp went over the submission packet and re-entered them into the record along with the drainage report prepared by CME Associates, Inc. and a letter from Mark Sullivan, Soil Scientist. Ms. Camp went over the site-plan of the property with the Commission.
Atty. Langhammer went over the lot history of the property and entered the following exhibits into the record:
Exhibit A – Time line of lot history
Exhibit B – CGS revised to 1975 Section 8-18. This is the Statute that was in effect at the time of the severance of the Schroeder/Johnson lot.
Exhibit C – Public Act 77-545. This is the Public Act which brings the Statute (CGS Section 8-18) to its current form.
Exhibit D – CGS Section 8-18
Exhibit E – North Stonington Subdivision Regulations from July 1996
Exhibit F – North Stonington Zoning Regulations from January 1968. A review of these Zoning Regulations indicates that both the Johnson & Schroeder lots were validly created lots at the time of their creation.
Exhibit G – J&M Realty Company case/Tracy Chester case – Zoning regulations being in derogation of common law property rights should not be extended by construction.
Exhibit H – CGS 8-13a. This Statute does not exempt or “grandfather” in the Schroeder parcel
Exhibit I – Assessor’s cards – These cards for the Purcell/Schroeder property show that from the later 1960’s the Town of North Stonington was aware and taxing the Purcell home.
Exhibit J – Letter from Juliet Leeming to the Commission dated May 3, 2010
Exhibit K – Grimord’s letter to Carey dated February 23, 2007
Exhibit L – Attorney Carey’s response to Zoning Official Grimord’s letter.
Exhibit M – Treatise from Carey with that section
Exhibit N – Excerpt from Connecticut Land Use Law and Practice 3d Section 10:11
Atty. Carey and the Commission asked questions pertaining to the application.
Ms. Camp submitted (Exhibit O) Map #57 of the property into the record.
Dr. Susan Cullen, Municipal Planner went over Interior Building Lot regulations.
Chairman Steinbrecher asked if there were any questions or comments from the Public. There were none.
Chairman Steinbrecher asked if there was anyone from the public speaking in favor of this application. The following people spoke:
Jim Murray
William & Roxanne Gorczyca
Jack Mazerolle
Kyle Wilkinson
Letter from Eleanor Johnson
Chairman Steinbrecher asked if there was anyone from the public speaking against this application. There were none.
MOTION by E. Boissevain, SECOND by J. Siner to continue the Public Hearing on SUB #10-025 to June 10, 2010. MOTION CARRIED UNANIMOUSLY.
W. Wilkinson returned to the meeting at 9:53 p.m.
B. 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. Tax Map #124, Parcel #5167. (NO ACTION NEEDED; PH scheduled for 6/03/10; Commission received on 5/06/10 & PH must close on or by 7/07/10)
6. COMMISSION REVIEW:
IBL #10-035 (Interior Building Lot) Application of David Ostigny, 1684 Nagel Road, Cincinnati, OH 45255-2546 to create an interior building lot on property located at 481 Pendleton Hill Road, North Stonington, CT 06359. Tax Map #89, Parcel #4694 (NO ACTION NEEDED; Commission received on 5/06/10 & must act on or by 7/09/10)
MOTION by E. Boissevain, SECOND by J. Siner to amend the agenda to go to Item 9 A under Planning Issues & Discussion and then back to regular agenda format. MOTION CARRIED UNANIMOUSLY.
9. PLANNING ISSUES & DISCUSSION:
A. Possible Solar Energy Regulations
Mr. Todd Evers and Mr. Dan Schafer went over the proposed draft regulation for solar energy with the Commission.
7. PENDING APPLICATIONS:
A. RC #10-023 (Regulation Change) Application of the North Stonington Planning & Zoning Commission, 40 Main Street, North Stonington, CT 06359 to amend Sections 200, 300, 400, 410, 420, 500, 510, 600, 700, 900, 1000, 1100, 1200, 1300, 1400, 1500, Appendix A “Definitions & Table of Contents of the Town of North Stonington Zoning Regulations. (PH opened & closed on 5/06/10; Commission
received on 3/11/10; & Commission must act on or by 7/09/10)
Seated: L. Steinbrecher, E. Boissevain, J. Siner, P. McMorris, W. Wilkinson
ZEO Leeming went over the summary of changes and agriculture regulations with the Commission and the Commission discussed.
MOTION by E. Boissevain, SECOND by W. Wilkinson to approve RC #10-023 effective the day after publication. MOTION CARRIED UNANIMOUSLY.
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 (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)
Secretary Siner stated no action was needed on Item B.
8. NEW APPLICATIONS: None
9. PLANNING ISSUES & DISCUSSION:
A. Possible Solar Energy Regulations
B. Zoning Issues
ZEO Leeming stated to the Commission that she would be in court on May 18th on the Richard White issue and that she was going to bring Jim Murray before the Commission to discuss his Home Occupation.
10. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES:
11. NEW BUSINESS: None
12. OLD BUSINESS: None
13. CORRESPONDENCE:
The Commission went over the correspondence in their packets.
14. REVIEW MINUTES:
Review minutes of Regular Meeting of May 6, 2010
MOTION by E. Boissevain, SECOND by J. Siner to approve the regular meeting minutes of 5/06/10 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
15. ADJOURNMENT:
MOTION by J. Siner, SECOND by E. Boissevain to adjourn the meeting at 11:33 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
| 
