Town of
North Stonington, CT
PLANNING & ZONING COMMISSION
|
|
REGULAR MEETING
THURSDAY, AUGUST 2, 2012 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
DRAFT MINUTES
1. CALL MEETING TO ORDER: Vice-Chairman Elaine Boissevain called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, August 2, 2012 at 7:03 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: Elaine Boissevain, Vice-Chair, Joseph Siner, Secretary, Wayne Wilkinson, Ann Brown, and Alternate Members Julie Lanier and Pat Lewis
COMMISSIONERS ABSENT: Louis Steinbrecher, Chairman
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: None
4. PUBLIC HEARING:
SPEC #12-064 (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
Secretary Siner read the application into the record.
Seated: E. Boissevain, J. Siner, W. Wilkinson, A. Brown, P. Lewis
Susan Mattern, Land Surveyor, and Garon Camassar were present representing the applicant. Richard White was also present.
Ms. Mattern asked that the proceedings from the last Public Hearing which was SPEC #11-074 be incorporated into this hearing.
MOTION by A. Brown, SECOND by W. Wilkinson to incorporate proceedings from the Public Hearing for SPEC #11-074 into this hearing. MOTION CARRIED UNANIMOUSLY.
ZEO Leeming stated to the Commission that the findings, conditions, and waivers are the same as from the last public hearing on this application. The only thing that is changing is the bonding.
Atty. Carey stated that Mr. White needs to state for the record what bonding he can secure.
Atty. Camassar went over the bonding issue and stated he would like the Commission to consider $5000 for the 1st phase and then review the bonding after the end of the 1st phase. Atty. Camassar stated that Mr. White cannot secure the bonding that was approved at the last public hearing.
ZEO Leeming stated that if the Commission wants the site cleaned up, they need to be more flexible with the bonding. ZEO Leeming stated there is a stipulated judgment which has steep penalties if the work is not completed.
Ms. Mattern stated an as-built plan will be submitted after each phase.
Vice-Chair Boissevain asked if there were any questions or comments from the public.
An unidentified man spoke asked if this type of application was something they saw regularly.
Vice-Chair Boissevain asked if there was anyone from the public speaking in favor of this application. There were none.
Vice-Chair Boissevain asked if there was anyone from the public speaking against this application. There were none.
MOTION by W. Wilkinson, SECOND by J. Siner to close the Public Hearing on SPEC #12-064. MOTION CARRIED UNANIMOUSLY.
5. NEW APPLICATIONS:
A. SP #12-069 (Private Driveway) Application of Arlene F. Steinlauf & Scott A. 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 driveway off Jeremy Hill Road in North Stonington, CT 06359 in an R-60 Zone to access subdivision in Stonington. Tax Map #115, Parcel #7823
(Commission to receive on 8/02/12 & must act on or by 10/05/12)
A. Brown recused herself
Atty. Tim Bates, representing the applicant gave a brief overview of the application for the Commission.
The Commission set the Commission Review on this application for September 6, 2012
MOTION by A. Brown, SECOND by W. Wilkinson to amend the agenda to add Deliberation and Actions as Item B for SPEC #12-064. MOTION CARRIED UNANIMOUSLY.
B. Deliberations & Actions
SPEC #12-064 (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
Seated: E. Boissevain, J. Siner, W. Wilkinson, A. Brown, P. Lewis
WAIVER REQUESTS
MOTION by W. Wilkinson, SECOND by A. Brown 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” This is an extraordinary circumstance and we have very detailed mapping of the portion of the property where the work is being performed.
MOTION CARRIED UNANIMOUSLY.
MOTION by W. Wilkinson, SECOND by A. Brown 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 and has been used for many years with trucks both entering and exiting.
MOTION CARRIED UNANIMOUSLY.
MOTION/FINDINGS
MOTION by W. Wilkinson, SECOND by A. Brown to approve SPECIAL PERMIT #12-064, 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. Failure to perform and complete the work under this permit within the time provided, or any extensions of time granted by the Commission shall constitute a violation of the Stipulated Judgment including without limitation Paragraph 6 thereof. The Commission and/or Zoning Enforcement Officer shall seek appropriate orders and remedies under the Stipulated Judgment (Liz Rasmussen, Planning & Zoning Official v. Richard E. White, et al, Docket No.: CV-02-0563880-S) to compel compliance with
the judgment and the permit, and this shall be in addition to any and all remedies available to the Commission and Zoning Enforcement Officer under Connecticut Law.
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.
6. PLANNING ISSUES & DISCUSSION:
POCD Update
ZEO Leeming stated the first POCD Steering Committee meeting will be held on August 6th and the Housing Plan is 90% complete and EDC will be meeting on the 16th to discuss their strategies. ZEO Leeming also stated their will be a joint meeting of Board’s and Commission’s on August 9th with Don Poland to discuss on-going work for regulation changes.
7. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES:
ZEO Activity Report/July
ZEO Leeming went over her activity report for the month of July with the Commission, and also discussed
a complaint that came to the 1st Selectman Nick Mullane that was forwarded to her on the Murray property
that she is handling with Mr. Mullane.
ZEO Leeming also went over the State map of Conservation and Development with the Commission stating
that she would like to comment on the designation of an area that they show as a primary Development area
which doesn’t make sense, but must have been picked because it meets certain criteria.
8. NEW BUSINESS: None
9. OLD BUSINESS: None
10. REVIEW MINUTES:
Review minutes of Regular Meeting of 7/05/12
MOTION by W. Wilkinson, SECOND by E. Boissevain to approve the regular meeting minutes of 7/05/12 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
11. ADJOURNMENT:
MOTION by J. Siner, SECOND by W. Wilkinson to adjourn the meeting at 8:53 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
| 
