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Planning and Zoning Commission Minutes 11/10/2011 Draft
 
Town of

 

North Stonington, CT

 

PLANNING & ZONING COMMISSION


 
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REGULAR MEETING


 


THURSDAY, NOVEMBER 10, 2011 – 7:00 P.M.


 

New Town Hall

Conference Room

40 Main Street

North Stonington, CT  06359

 

 


DRAFT MINUTES


 

1.    CALL MEETING TO ORDERVice-Chair Boissevain called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, November 10, 2011 at 7:00 p.m. at the New Town Hall, Conference Room. 

 

COMMISSIONERS PRESENTLouis Steinbrecher, Chairman arrived at 7:08 p.m., Elaine Boissevain, Vice-Chair, Joseph Siner, Secretary, Wayne Wilkinson and Ann Brown   

    

COMMISSIONERS ABSENTAlternate Members Andrew Gaskins and Susan Grufstedt

 

 STAFF PRESENTSr. Planner & Zoning Official Juliet Leeming, Administrative Assistant Cheryl Konsavitch and Commission Attorney Michael Carey

 

2.  ADDITIONS TO THE AGENDANone 

 

3.  PUBLIC COMMENTNone 

 

4.  PUBLIC HEARINGS:

 

A.  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 11/10/11; Commission received on 8/11/11 & PH must close on or by 12/09/11-65 day extension granted from 10/06/11)

 

Secretary Siner read the application into the record.

 

Chairman Steinbrecher and Vice-Chair Boissevain stated they have listened to the tape of the November 3, 2011 meeting.

 

Seated:  L. Steinbrecher, E. Boissevain, J. Siner, W. Wilkinson, A. Brown

 

Atty. Garon Camassar, Susan Mattern, Land Surveyor and Richard White were present for this application. 

 

Ms. Mattern went over Towne Engineer’s memo pertaining to the bond estimate.

 

The Commission discussed the amount of topsoil that will be brought in and if crushing can be allowed on the site.  Atty. Carey stated that under the current zoning regulations, rock crushing is not allowed in a residential zone and the regulations would have to be amended to allow this use.

 

Chairman Steinbrecher asked if there were any questions or comments from the public pertaining to this application.  There were none.

 

The Commission would like the applicant to propose a solution that is practical on how much work can be done without crushing.

 

MOTION by J. Siner, SECOND by W. Wilkinson to continue the Public Hearing on SPEC #11-074

 

B.  SPEC #11-075 & SPEC-APOA #11-076 (Special Permit & Aquifer Overlay) Application of Wood Pond, L.L.C., P.O. Box 293, North Stonington, CT  06359 for a Medical Clinic in the Aquifer Protection Overlay Area at property located at 183B Providence-New London Turnpike in the OR/APOA Zone.  Tax Map #122, Parcel #9690 The Public Hearings for these applications will be heard concurrently.

   (PH opened on 9/08/11 and continued to 11/103/11; Commission received on 8/11/11 & PH must close on or by 11/16/11-35 day extension granted from 10/13/11)

 

Secretary Siner read the application into the record.

 

Seated:  L. Steinbrecher, E. Boissevain, J. Siner, W. Wilkinson, A. Brown

 

Janet Fiore and Art Hayward, Engineer were present for this application.

 

Ms. Fiore distributed a revised memo pertaining to lighting, septic, traffic and access along with a wavier request.

 

Mr. Hayward went over the revised site plan.

 

The Commission discussed septic, curbing, parking lot surface, parking, landscaping and signage.

 

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

 

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

 

MOTION by E. Boissevain, SECOND by J. Siner to close the Public Hearing on application SPEC #11-075 and SPEC-APOA #11-076.  MOTION CARRIED UNANIMOUSLY.

5.  PENDING APPLICATIONS:

 

A.  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 11/10/11; Commission received on 8/11/11 & PH must close on or by 12/09/11-65 day extension granted from 10/06/11)

 

Secretary Siner stated no action was needed on Item A.

 

B.  SPEC #11-075 & SPEC-APOA #11-076 (Special Permit & Aquifer Overlay) Application of Wood Pond, L.L.C., P.O. Box 293, North Stonington, CT  06359 for a Medical Clinic in the Aquifer Protection Overlay Area at property located at 183B Providence-New London Turnpike in the OR/APOA Zone.  Tax Map #122, Parcel #9690 The Public Hearings for these applications will be heard concurrently.

   (PH opened on 9/08/11 and continued to & closed on 11/10/11; Commission received on 8/11/11)

 

WAIVERS

 

  1. MOTION by E. Boissevain, SECOND by A. Brown to approve the waiver request from Section 1704.2(K) for the following reason:
 

This is an established site with existing mature landscaping.  Areas existing of mature landscaping serving as the effective buffer around parking areas and along access roads will not be removed except as needed for regular maintenance.

 

MOTION CARRIED UNANIMOUSLY.

 

  1. MOTION by E. Boissevain, 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.

 

  1. MOTION by E. Boissevain, SECOND by W. Wilkinson to approve the waiver request  
from Section 1902(B) to allow parking within half the front yard setback for the following reason:

 

To allow the parking that already exists in this area so to not have to disturb another new area of existing landscaping.  It will also make the parking plan more conforming.

 

MOTION CARRIED UNANIMOUSLY.

 

  1. MOTION by E. Boissevain, SECOND by W. Wilkinson to approve the waiver request  
      from Section 2008.1 – Footnote 1 – by the Commission by ¾ vote may permit

      additional signage for medical clinics for the following reason:        

 

      The applicant is requesting an additional 42 square feet of signage for a total of 132

      square feet of signage on the property.  Three signs currently exist.  One additional 24

     square foot sign is being requested at the entrance of the north parking lot.    

 

MOTION CARRIED.

 

A. Brown – Opposed

     

  1. MOTION by E. Boissevain, SECOND by J. Siner to approve the waiver request per  
Section 1915; The Commission may approve a Site Plan with a reduction in required parking spaces up to twenty-five (25) percent of the minimum providing an area equivalent to the size of the reduction is set aside for possible future parking and is designated as such on the Site Plan.

 

The Applicant is proposing a reduction of 15 spaces (approximately 9% reduction) with a proposed future parking area to the east of the north parking lot

 

           MOTION CARRIED UNANIMOUSLY.

 

 

DECISION

 

MOTION by E. Boissevain, SECOND by W. Wilkinson to approve SPEC #11-075 & SPEC-APOA #11-076 (Special Permit & Aquifer Overlay) Application of Wood Pond, L.L.C., P.O. Box 293, North Stonington, CT  06359 for an expansion of the existing  Medical Clinic into the existing office building in the Aquifer Protection Overlay Area at property located at 183B Providence-New London Turnpike in the OR/APOA Zone.  Tax Map #122, Parcel #9690 with the following conditions:

 

1.     That a note be placed on the plan stating that this is an established site with existing mature landscaping.  Areas existing of mature landscaping serving as the effective buffer around parking areas and along access roads will not be removed except as needed for regular maintenance.  That area will be shaded as indicated on the site plan.

 

2.     Applicant is to provide a letter from the Sanitarian

 

3.   Take the corner parking space at the lower southwest corner of the building off

       the plan.

 

MOTION CARRIED UNANIMOUSLY.

 

FINDINGS

 

The Commission, in reviewing the applications 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 medical clinic shall be operated in a manner that protects the health, safety

      and welfare of the citizens of North Stonington.

 

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.

 

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.

 

4.  No adverse effect will result to the character of the district, property values,

     historic features, or prosperity of the immediate neighborhood.

 

5.  The character of the immediate neighborhood in terms of scale, density, intensity

      of use shall be preserved.

 

6.   No significant impact on environmental resources will result.  Best Management

      practices will be implemented and monitored to control soil erosion.

 

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 Applications are in conformance with the applicable provisions of these Regulations;

 

2.  The applicant has demonstrated, in the sole discretion of the Commission, that the applications as proposed satisfies the applicable Special Permit criteria in Section 1602 of these Regulations; and

 

3.  The Special Permit Applications are in harmony with the purposes and intent of these Regulations.

 

6.    NEW BUSINESS

 

The Commission discussed the alternate vacancy position and stated that both political parties should be made aware of the vacancy.

 

7.   NEW APPLICATIONSNone 

 

8.  PLANNING ISSUES & DISCUSSION:

 

ZEO Leeming discussed with the Commission Section 1305.6 -Projections and 1305.7-Fences, Walls and Terraces and submitted draft language for the Commission to review.  ZEO Leeming will submit an application for the Commission to receive at their December 1st meeting.

 

 

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

  

   ZEO Leeming brought the Commission up to date on the Ames enforcement action and clean up of

   his property and stated Court action is proceeding.  ZEO Leeming also discussed Lakeway Farms

   and the Commission directed the ZEO to pursue enforcement of this parcel for clean up.

 

10.  OLD BUSINESS

 

11.  CORRESPONDENCE   

 

12.  REVIEW MINUTES:     

 

Review minutes of Regular Meeting of 11/03/11

 

MOTION by W. Wilkinson, SECOND by A. Brown to approve the regular meeting minutes of 11/03/11 with the necessary corrections.  MOTION CARRIED UNANIMOUSLY.

 

13.  ADJOURNMENT:

 

MOTION by J. Siner, SECOND by E. Boissevain to adjourn the meeting at 10:30 p.m.  MOTION CARRIED UNANIMOUSLY.

 

Respectfully Submitted,

 

 

Cheryl Konsavitch

 

Cheryl Konsavitch, Administrative Assistant

Planning & Zoning Office