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Planning and Zoning Commission 12/13/2012 Approved Minutes
 
Town of

 

North Stonington, CT

 

PLANNING & ZONING COMMISSION


 
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REGULAR MEETING


 


THURSDAY, DECEMBER 13, 2012 – 7:00 P.M.


 

New Town Hall

Conference Room

40 Main Street

North Stonington, CT  06359

 

 


MINUTES APPROVED ~ JANUARY 3, 2013


 

1.    CALL MEETING TO ORDERChairman Lou Steinbrecher called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, December 13, 2012 at 7:03 p.m. at the New Town Hall, Conference Room. 

 

COMMISSIONERS PRESENTLou Steinbrecher, Chairman, Elaine Boissevain, Vice-Chair, Joseph Siner, Secretary, Ann Brown, and Alternate Members Pat Lewis and Julie Lanier

    

COMMISSIONERS ABSENT:  Wayne Wilkinson

 

 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 #12-093 (Modification to Special Permit) Application of Tinaco Plaza, L.L.C., c/o P.O. Box 688, Westbrook, CT  06498 for a modification to a Special Permit on property located at 273 Clarks Falls Road, North Stonington, CT  06359 in a Highway Commercial Zone.  Tax Map #112, Parcel #2762 (PH opened on 12/13/12; Commission received on 11/01/12 & PH must close on or by 1/16/13)

 

J. Siner read the application into record.

 

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

 

Mr. Claudio Marasco was present representing the applicant.

 

Mr. Marasco stated they are before the Commission to modify their Special Permit for three items.  Mr. Marasco stated the first item they would like to modify is to eliminate the requirement to maintain an Idle Aire or similar type system.  Mr. Marasco stated that the technology contained within tractor trailers now is far superior to that of just five or ten years ago and that the new heavy-duty diesel truck and bus emissions standards were phased in between 2007-2012 and starting in 2007 this regulation requires that trucks manufactured have clean diesel technology.  Also, when we started this project eight years ago we were led to believe that technology was available that would eliminate truck idling and would be well received by the trucking industry which neither belief held true.

 

Mr. Marasco stated the second item they would like to modify is the removal of the cement structures for the rear lot entrance gate.  The rear lot was to be gated and a fee charged for entry, but as early as the first week of operation the trucks struck the large cement structures leading into the back lot causing them to crumble.  The structures have been replaced multiple times but are continually being struck by the trucks.  The gates and cement structures are unnecessary and are a safety hazard as they have been struck and cement debris has been strewn about the lot.  Mr. Marasco stated they are requesting to remove the cement structures and gates from the rear lot entrance.

 

Mr. Marasco stated the third item they would like to modify is the addition of stockade fencing along the northwest side of the rear parking lot along the neighboring property formerly owned by R.J. Manfredi.  Mr. Marasco stated they had previously agreed to add partial stockade fencing along the border of a neighboring property where the grade allowed trespass and at the request of the ZEO were asked to continue the fence along the property line.  Mr. Marasco stated they have since acquired the adjoining property and would like to complete the fencing along the neighboring property line and then it will be completely fenced.

 

The Commission asked question of the applicant pertaining to this application.

 

ZEO Leeming read an e-mail into the record from Mr. Yogi Patel of the Hilltop Budget Motel pertaining to the idling of the trucks.

 

Mr. Marasco stated they would corner off an area of the lot near the motel and direct older trucks to a different location and put the Idle Aire units that are working near the hotel.

 

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

 

Charles Mazulla

 

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.

 

Chairman Steinbrecher discussed signage concerns which pertained to trucks not seeing signage to enter the parking lot from Clarks Falls Road and proceed to Denison Hill Road.  Tinaco representatives addressed this issue and stated there is now signage in place to address this issue.

 

MOTION by J. Siner, SECOND by E. Boissevain to close the public hearing on application SPEC #12-093.  MOTION CARRIED UNANIMOUSLY.

 

B.  SUB #12-100 (Watson Estates Subdivision) Application of Peter Gardner, Green Falls Associates, L.L.C., 1641 Route 12, Gales Ferry, CT  06335 for an Affordable Housing Application per CT Gen. Stats.  8-30g (set-aside development) for an 18-Lot Subdivision of land on property located at Lake of Isles Road in an R-80 Zone.  Tax Map #54, Parcel #6567 (NO ACTION NEEDED; PH Scheduled for 1/03/13; Commission received on 12/06/12 & PH must close on or by 2/06/13)

 

 

7.   COMMISSION REVIEW:   

 

SP #12-107 (Private Roadway) Application of Arlene F. Steinlauf & Scott H. Hurwitz, Trustees of Edward G. Steinlauf Trust & Lorraine Yardan, Trustee of Stephan W. Yardan Trust, 55 Sound View Heights, Branford, CT  06405 for site plan approval for the construction of a private roadway on Jeremy Hill Road in North Stonington, CT  06359 in an R-60 Zone to access subdivision in Stonington.  Tax Map #115, Parcel #7823 (Commission received on 12/13/12; will review on 1/03/13 & must act on or by 2/15/13)

 

The Commission will hold their review on January 3, 2013.

 

4.  PENDING APPLICATIONS:

 

A.  SPEC #12-093 (Modification to Special Permit) Application of Tinaco Plaza, L.L.C., c/o P.O. Box 688, Westbrook, CT  06498 for a modification to a Special Permit on property located at 273 Clarks Falls Road, North Stonington, CT  06359 in a Highway Commercial Zone.  Tax Map #112, Parcel #2762

 

J. Siner read the application into record.

 

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

 

WAIVER

 

MOTION by E. Boissevain, SECOND by A. Brown to approve the Waiver request of Section 1702.2 for applications requiring a Site Plan where no major site alterations are proposed, and all the information necessary to show compliance with the regulations can be presented using a combination of existing plans on file and/or a detailed Plot Plan, then, the Commission may waive the requirements of Section 1704 by a ¾ vote.

 

The applicant is requesting a waiver under this section.  They have provided to the Commission an 11 x 17 Plot Plan showing the modifications requested and the waiver has been granted for the reasons that the changes to the site-plan are very modest, and the parking scheme is not changing.  MOTION CARRIED UNANIMOUSLY.

 

DECISION

 

MOTION by E. Boissevain, SECOND by A. Brown to approve the following requested modifications to Special Permit #12-093:

 

  1. Elimination of the requirement to maintain an Idle Aire or similar type system
 

  1. Removal of the cement structures for rear lot entrance gate and
 

  1. Addition of stockade fencing along the northwest side of the rear parking lot along the neighboring property formerly owned by RJ Manfredi
 

MOTION CARRIED UNANIMOUSLY.

 

FINDINGS

 

The Commission, in considering the application for Special Permit and arriving at its decision, shall consider the following criteria:

 

1602.1    That the proposal is adequately served by an appropriately designed and sufficient

water supply, and sanitary facilities;

 

The subject property is not being changed from its previously approved size and/or capacity.  Therefore the water supply and sanitary facilities are in conformance with the previous approval.

 

1602.2  That the use and/or structure be arranged, constructed, and operated in a manner that protects the health, safety and welfare of the citizens of North Stonington;

 

The subject property is not being changed from its previously approved structure and there fore is in conformance with the previous approval.

 

1602.3   That 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 subject property was previously approved by the DOT and Town of North Stonington.  The property’s traffic flow is not being changed or increased and therefore is in conformance with the Town’s previous approval.

 

1602.4  That the use and/or structure 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.

 

The subject property is seeking relief from the requirement to maintain an Idle Aire or similar type system.  The reasons therefore are more closely detailed on the attachment.

 

1602.5  That no adverse effect will result to the character of the district, property values, historic features, or prosperity of the immediate neighborhood.

 

The subject property conforms in all material respects to the previous approval other than the elimination of the Cab Aire system.  The property at the request of the ZEO constructed additional fencing around the neighboring property to screen it from the subject property.  The details of the elimination of the Cab Aire system are included on the attachment hereto.

 

1602.6  The preservation of the character of the immediate neighborhood in terms of scale, density, intensity of use and architectural character.

 

The subject property was previously approved and there are no changes to the scale, density, intensity of use and architectural character from the previous approval.

 

1602.7  That no significant impact on environmental resources will result; and

 

The subject property will not change in terms of scale, density, or intensity and therefore will conform to the previous approval in terms of environmental resources.

 

1602.8  That the proposed use and/or structure is consistent with future development as identified and envisioned in these regulations and the North Stonington Plan of Conservation and Development.

 

The subject property was previously approved and is not changing other than the request to remove the Cab Aire system as a requirement of the Special Permit.

 

5.  NEW APPLICATIONSNone 

 

 

 

6.  PLANNING ISSUES & DISCUSSION:

 

POCD Update

 

ZEO Leeming updated the Commission and discussed keypad voting pricing and briefly went over the Table of Contents with the Commission.

 

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

 

   8NEW BUSINESSNone 

  

   9.  OLD BUSINESSNone    

 

10.  REVIEW MINUTES:     

 

Review minutes of Regular Meeting of 12/06/12

 

The Commission accepted the minutes of 12/06/12 as written.

 

11.  ADJOURNMENT:

 

MOTION by E. Boissevain, SECOND by J. Siner to adjourn the meeting at 8:35 p.m.  MOTION CARRIED UNANIMOUSLY.

 

Respectfully Submitted,

 

 

Cheryl Konsavitch

 

Cheryl Konsavitch, Administrative Assistant

Planning & Zoning Office