Town of
North Stonington, CT
PLANNING & ZONING COMMISSION
|
|
REGULAR MEETING
THURSDAY, DECEMBER 8, 2011 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
MINUTES APPROVED ~ JANUARY 5, 2012
1. CALL MEETING TO ORDER: Vice-Chair Boissevain called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, December 8, 2011 at 7:00 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: Louis Steinbrecher, Chairman (arrived at 8:25 p.m.), Elaine Boissevain, Vice-Chair, Joseph Siner, Secretary, Wayne Wilkinson, Ann Brown and Alternate Member Loretta Aitken
COMMISSIONERS ABSENT: Alternate Member Andrew Gaskins
STAFF PRESENT: Sr. Planner & Zoning Official Juliet Leeming, Administrative Assistant Cheryl Konsavitch and Commission Attorney Michael Carey
2. ADDITIONS TO THE AGENDA:
A. Brown would like to discuss the Sign permit issued to the North Stonington Public Schools under Old Business.
3. PUBLIC COMMENT: None
4. PUBLIC HEARINGS:
RC #11-109 (Regulation Change) Application of the Town of North Stonington, Planning & Zoning Commission, 40 Main Street, North Stonington, CT 06359 to add new sections 1305.6 (Projections) and 1305.7 (Fences, Walls & Terraces) of the North Stonington Zoning Regulations.
(NO ACTION NEEDED; PH scheduled to open on 1/12/12; Commission received on 12/01/11 & PH must close on or by 2/15/12)
Secretary Siner stated no action was needed for this application.
5. COMMISSION REVIEW: None
6. PENDING APPLICATIONS:
SPEC #11-074 (Special Permit) Application of Richard E. White, 189 Norwich-Westerly Road, North Stonington, CT 06359 for closure plans for a gravel operation in 3 phases on property located at 150 Norwich-Westerly Road in an R-40 Aquifer Protection Overlay Zone. Tax Map #117, Parcel #7908 (PH opened on 9/01/11 & continued to 10/06, 10/13, 11/03, 11/10 & 12/01; Commission received on 8/11/11 & PH must close on or by 12/09/11-65 day extension granted from 10/06/11)
W. Wilkinson stated he had listened to the tape of the Commission’s 12/01/11 meeting he had missed.
Seated: E. Boissevain, J. Siner, W. Wilkinson, A. Brown
WAIVER REQUESTS
MOTION by J. Siner, SECOND by W. Wilkinson to approve the waiver request from Section 1704.2(C), requiring an A-2 Boundary Survey for the following reason:
The topographical data is of greater importance for this plan. The topographical data on Sheet 2 was obtained as a result of a field survey and conforms to topographical accuracy “Class T-2”
MOTION CARRIED UNANIMOUSLY.
MOTION by J. Siner, SECOND by W. Wilkinson to approve the waiver request from Section 1704.2(Q), requiring site line information for the following reason:
The proposed driveway access is an existing driveway with sufficient site lines.
MOTION CARRIED UNANIMOUSLY.
MOTION/FINDINGS
MOTION by J. Siner, SECOND by W. Wilkinson to approve SPECIAL PERMIT #11-074, Application of Richard E. White, 189 Norwich-Westerly Road, North Stonington, CT 06359 for closure plans for a gravel operation in 3 phases on property located at 150 Norwich-Westerly Road in an R-40 Aquifer Protection Overlay Zone. Tax Map #117, Parcel #7908 with the following conditions:
1. The permit will be valid for 5 years, with phase I lasting one (1) year and phases II and III each lasting two (2) years.
2. No material may be brought in from off-site except as specified in the approved Plans to be used for on-site restoration. No crushing of rock or any other materials shall occur on the subject parcel.
3. A surety in a form agreeable to the Zoning Enforcement Officer, the Town Attorney, and the Town Engineer in the amount of $181,350 shall be held until the completion of Phase II. At that time, the applicant may request a release of all or part of the surety as directed by the Commission. No Zoning Permit shall be issued for the approved activity until surety has been provided in the required amount and form. Such surety shall be provided prior to and as a condition of the recording of the Special Permit
on the land records.
4. The terms of the Stipulated Judgment entered by the New London Superior Court on February 2, 2004 in the case Liz Rasmussen, Planning and Zoning Official v. Richard E. White, et al, Docket No.: CV-02-0563880-S, remain in full force and effect, including without limitation paragraph 6 thereof.
5. As provided for in the Fee Ordinance, the Commission shall require inspections of the site on a monthly basis by the design engineer with written reports provided to the Town Staff on a timely basis outlining any site or E&S issues raised as well as detailing timely actions taken by the Owner to remedy the same. All fees for ongoing site monitoring (estimates may be submitted per phase) shall be paid by the applicant.
6. Per Section 1418.6 of the regulations, a certified As-built drawing showing final grading, as prepared by a professional engineer or land surveyor, shall be submitted at the completion of phases I and III.
MOTION CARRIED UNANIMOUSLY.
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 and additional environmental testing was performed by GEI Consultants at the request of the Town.
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 will be some increase in truck traffic, but due to the location of the site, this traffic is not expected to have a deleterious effect on the safety of local residents or the motoring 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. Regulations only permit the proposed activity between 8:00am and 5:00pm, Monday – Saturday in the R40 Zone, and vehicles and equipment will be stored in such a way as to not become a visual
nuisance to surrounding homes. There will be no rock crushing allowed on site.
4. No adverse effect will result to the character of the district, property values, historic features, or prosperity of the immediate neighborhood. The closure and restoration of the dump/excavation site will improve surrounding property values.
5. The character of the immediate neighborhood in terms of scale, density, intensity of use shall be preserved. The site is being restored back to open field as it was in the 1960’s. Being that the property boarders the Shunock River, this is certainly a welcome restoration.
6. No significant impact on environmental resources will result. Best management practices will be implemented and monitored to control soil erosion. Plans include permanent sediment containment areas and plans are designed so as to provide minimal disturbance of the wetlands and water resources on the site.
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.
7. NEW APPLICATIONS:
RC #11-119 (Regulation Change) Application of the Town of North Stonington, Planning & Zoning Commission, 40 Main Street, North Stonington, CT 06359 to add to Section 206 (Changes of Business/Commercial or Industrial Uses of Buildings & Properties) of the North Stonington Zoning Regulations.
(PH scheduled to open on 1/12/12; Commission received on 12/01/11 & PH must close on or by 2/15/12)
The Pubic Hearing on RC #11-119 is scheduled for January 12, 2012
8. PLANNING ISSUES & DISCUSSION:
A. Hoop Houses
ZEO Leeming discussed with the Commission hoop houses and whether they should be regulated. The Commission stated that they are considered a structure by the zoning regulations and should be regulated and enforced.
B. Appointment of New Members
The Commission interviewed Pat Lewis for the alternate member vacancy position. They will also interview another person at their January 8th meeting who is also interested in the position.
ZEO Leeming also updated the Commission on the Economic Development Commission interviews for the RFQ and asked the Commission if they had any questions they would like to ask the candidates.
Some of the questions discussed were: How will the Town benefit from your plan and what will the results be. Review our regulations without reading the POCD and tell us what the Town wants. How can we incorporate the regional plan into ours?
ZEO Leeming stated that she would like to get a Planner from CBI Consulting to review our regulations and also gave an update on the Board of Finance Meeting she attended.
9. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES:
ZEO Leeming gave the Commission an update on the status of John Ames enforcement
proceedings. Ms. Leeming stated the 12/13/11 court date has been postponed due to the fact Mr.
Ames has a new attorney who needs to familiarize himself with the enforcement case.
10. NEW BUSINESS:
Schedule of Meetings for 2012
MOTION by J. Siner, SECOND by E. Boissevain to approve the 2012 meeting schedules for
Planning & Zoning and the Aquifer Protection Agency. MOTION CARRIED
UNANIMOUSLY.
11. OLD BUSINESS:
A. Brown discussed the sign permit that was issued by the Commission at its December 1st meeting, stating that the existing sign and the permit that was issued are two different sizes. Chairman Steinbrecher stated he would talk to Mr. Sandford to clarify. Mr. Sandford did state at the December 1st meeting that the new sign would be the same size as the existing one.
12. CORRESPONDENCE:
13. REVIEW MINUTES:
Review minutes of Regular Meeting of 12/01/11
MOTION by E. Boissevain, SECOND by W. Wilkinson to approve the regular meeting minutes of 12/01/11 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
14. ADJOURNMENT:
MOTION by J. Siner, SECOND by E. Boissevain to adjourn the meeting at 9:26 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
| 
