North Stonington, CT - Planning and Zoning Commission Minutes 01/14/2010 Approved

Planning and Zoning Commission Minutes 01/14/2010 Approved

Town of

North Stonington, CT

PLANNING & ZONING COMMISSION

REGULAR MEETING

THURSDAY, JANUARY 14, 2010 – 7:00 P.M.

New Town Hall

Conference Room

40 Main Street

North Stonington, CT 06359

Minutes Approved ~ February 4, 2010

1. CALL MEETING TO ORDER: Chairman Steinbrecher called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, January 14, 2010 at 7:05 p.m. at the New Town Hall, Conference Room.

COMMISSIONERS PRESENT: Louis E. Steinbrecher Chairman, Elaine Boissevain Vice-Chairman, Joseph Siner Secretary, Peter McMorris, Wayne Wilkinson and Alternate Member Ann Brown

COMMISSIONERS ABSENT: Alternate Members Susan Grufstedt and Andrew Gaskins

STAFF PRESENT: Sr. Planner & Zoning Official Juliet Leeming, Administrative Assistant Cheryl Konsavitch, Consulting Engineer Don Aubrey and Commission Attorney Michael Carey

2. ADDITIONS TO THE AGENDA: None

3. PUBLIC COMMENT: None

4. PUBLIC HEARINGS:

A. SPEC #09-104 (Special Permit) Application of Grace Fellowship Evangelical Free Church, c/o Pastor Bob Petreil, 102 Providence-New London Turnpike, North Stonington, CT 06359 to construct a 622 square foot addition to existing church for a nursery, construction of a rain garden for stormwater management & installation of parking lot lights. Tax Map #121, Parcel #4582

(PH scheduled to open on 1/14/10; Commission received on 12/03/09 & PH must close on or by 2/17/10)

Secretary Siner read the application into the record.

Seated: L. Steinbrecher, E. Boissevain, J. Siner, P. McMorris, W. Wilkinson

Mr. Tony Nenna, P.E. and Pastor Bob Petreil were present for this application.

Mr. Nenna went over the site plan for the addition and stated he had met with Donald Aubrey, Consulting Engineer and addressed all his comments on the revised site plan of 1/8/10 and received in the Land Use Office on 1/12/10.

Mr. Nenna went over the lighting plan and stated there will be 6 floodlights on the new addition and 10 pole mounted lights in the parking lot.

Chairman Steinbrecher asked if there were any questions or comments from the public pertaining to this application. The following people spoke:

Cheryl Banker had a question on the lighting

Nadine and Gene Banker also questioned the parking lot lighting

Unidentified man had a question on the lighting in the parking lot

Kellene Limpert commented on parking lot lighting and not enough lighting being a safety issue

Anne Nalwalk asked a question on the light fixtures.

Chairman Steinbrecher asked if there was anyone from the public speaking in favor of this application. There were none.

Chairman Steinbrecher asked if there was anyone from the public speaking against this application. There were none.

The Commission discussed the lighting plan.

The applicant stated that safety is an issue and the parking lot lighting will comply with the regulations. He also stated they will work with the neighbors to insure that the parking lot lights are not a nuisance to the abutting properties.

MOTION by E. Boissevain, SECOND by P. McMorris to close the Public Hearing on SPEC #09-104. MOTION CARRIED UNANIMOUSLY.

B. 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; Commission received on 11/05/09 & PH must close on or by 1/14/10 unless extended)

Secretary Siner read the application into the record.

Chairman Steinbrecher recused himself.

Seated: E. Boissevain, J. Siner, P. McMorris, W. Wilkinson, A. Brown seated for L. Steinbrecher

Mr. Clint Brown, Engineer for the applicant went over data for 3 new test holes and provided comments in response to review comments provided by Towne Engineering.

Mr. Brown also addressed questions raised by Exhibit A submitted by 1^st Selectman, Nicholas Mullane at the 1/07/10 public hearing on this application.

Mr. Don Aubrey, Consulting Engineer for the Commission also went over concerns raised by Mr. Mullane at the 1/07/10 meeting concerning the water supply.

ZEO Leeming went over the proposed draft revisions to the text amendment.

Atty. Carey asked the Commission to request an extension of the applicant to extend the Public Hearing on this application.

Mr. Ted Ladwig, Attorney for the applicant stated they would like the Public Hearing on this application to close this evening.

Vice-Chairman Boissevain asked if there were any questions or comments from the public pertaining to this application. The following people spoke:

Shawn Murphy asked if this could be an Incentive Housing Zone

Jane Dauphinais of the Southeastern Housing Alliance answered questions on the Incentive Housing Zone.

Curt Moussie asked questions pertaining to drainage issues and who is liable.

Vice-Chairman Boissevain asked if there was anyone from the public speaking in favor of this application. The following people spoke:

John Olsen

Bill Ricker (submitted (Exhibit B for the record, The Habitat newsletter) and also read a letter from Vilma Gregoropoulos (Exhibit C) into the record.

MaryAnn Ricker

Vice-Chairman Boissevain asked if there was anyone from the public speaking against this application. There were none.

MOTION by P. McMorris, SECOND by W. Wilkinson to close the Public Hearing on RC #09-096. MOTION CARRIED UNANIMOUSLY.

C. 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; Commission received on 11/05/09 & PH must close on or by 1/14/10 unless extended)

Secretary Siner read the application into the record.

Chairman Steinbrecher recused himself.

Seated: E. Boissevain, J. Siner, P. McMorris, W. Wilkinson, A. Brown seated for L. Steinbrecher

Atty. Ladwig asked that all testimony from RC #09-096 Public Hearing be incorporated into the Public Hearing for ZC #09-097.

MOTION by P. McMorris, SECOND by W. Wilkinson to incorporate all the testimony from the Public Hearing on RC #09-096 into the record for ZC #09-097. MOTION CARRIED UNANIMOUSLY.

MOTION by A. Brown, SECOND by W. Wilkinson to close the Public Hearing on ZC #09-097. MOTION CARRIED UNANIMOUSLY.

Chairman Steinbrecher returned to the meeting.

5. COMMISSION REVIEW: None

6. PENDING APPLICATIONS:

(PH opened & closed on 1/14/10; Commission received on 12/03/09 & Commission must act on or by 3/19/10)

Secretary Siner read the application into the record.

Seated: L. Steinbrecher, E. Boissevain, J. Siner, P. McMorris, W. Wilkinson

MOTION by E. Boissevain, SECOND by W. Wilkinson to approve SPEC #09-104 with the following plan correction and findings:

PLAN CORRECTION

1. Correct the Lighting Plan which reflects seven (7) points along the property line where the illuminance level is above the 3 lux maximum.

FINDINGS

In reviewing the application and site plan for this Special Permit, it is determined that there will be no deleterious impacts from the proposed use and/or structures on the site and the surrounding area. The Commission has considered the criteria set forth in Section 1602 in reviewing the application, and makes the following findings.

1. The site is currently adequately served by an appropriately designed and sufficient water supply, and sanitary facilities. The proposed addition and/or work to the site will be further reviewed by the Town Sanitarian.

2. The proposed additional structure will be arranged, constructed, and operated in a manner that protects the health, safety and welfare of the citizens of North Stonington. The proposed addition will be further reviewed by the Town Building Official.

3. 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. The proposed addition will not alter the existing traffic flows/patterns on the site or to and from the site.

4. The use and/or structure is in harmony with the appropriate and orderly development of the zoning district in which it is proposed to be situated, and it will not be noxious, offensive, or detrimental to the area by reason of odors, fumes, dust, noise, vibrations, appearance, or other similar reasons.

5. The small addition proposed to the existing church will not likely have any adverse effect on the character of the district, property values, historic features, or prosperity of the immediate neighborhood.

6. The proposed addition is consistent with the architectural style of the existing Church. The new lighting proposed complies with the regulations governing outdoor lighting. Therefore the character of the immediate neighborhood in terms of scale, density, intensity of use and architectural character will be preserved.

7. The environmental impacts created by this use are related to drainage/storm water run-off. The Plan has been reviewed and approved by the Town Engineer indicating that no significant impact on environmental resources will result.

8. The proposed use is permitted in the R-40 zone and is consistent with future development as identified and envisioned in these regulations and the North Stonington Plan of Conservation and Development.

In granting this Special Permit, the Commission has determined that the application is in conformance with the applicable provisions of the Zoning Regulations, that the applicant has demonstrated that the application as proposed satisfies the applicable Special Permit criteria in Section 1602 of the Zoning Regulations, and that the application is in harmony with the purposes and intent of these regulations.

MOTION CARRIED UNANIMOUSLY.

(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)

The Commission did not deliberate on RC #09-096 or ZC #09-097.

7. NEW APPLICATIONS: None

8. PLANNING ISSUES & DISCUSSION:

A. Home Occupation Class revisions

The Commission went over the Home Occupation revisions to the Class I & Class II regulations. ZEO Leeming will submit in a draft formal application and e-mail to Commission for comments.

B. Discrepancies in Zoning Regulations

ZEO Leeming went over the sections of the regulations that need to be addressed. Commission will review the draft and comment.

9. UPCOMING WORKSHOPS:

Workshop to be held on 2/04/10 at 7:00 p.m. at the Commission’s regular meeting with the Planning & Zoning Commission and the public to discuss the proposed draft agricultural regulations.

10. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES:

11. NEW BUSINESS:

12. OLD BUSINESS: None

13. CORRESPONDENCE:

The Commission went over the correspondence in their packets.

14. REVIEW MINUTES:

Review minutes of Workshop & Regular Meeting of 1/07/10

MOTION by E. Boissevain, SECOND by W. Wilkinson to approve the workshop and regular meeting minutes of 1/07/10 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.

15. ADJOURNMENT:

MOTION by E. Boissevain, SECOND by P. McMorris to adjourn the meeting at 10:56 p.m. MOTION CARRIED UNANIMOUSLY.

Respectfully Submitted,

Cheryl Konsavitch

Cheryl Konsavitch, Administrative Assistant

Planning & Zoning Office