Town of North Stonington,
CT PLANNING & ZONING COMMISSION
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REGULAR MEETING
THURSDAY, SEPTEMBER 5, 2013, 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
MINUTES APPROVED ~ SEPTEMBER 12, 2013
1. CALL MEETING TO ORDER: Vice-Chair Boissevain called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, September 5, 2013 at 7:05 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: Lou Steinbrecher, Chairman (arrived at 7:06 p.m.), Elaine Boissevain, Vice-Chair, Ann Brown, Wayne Wilkinson and Alternate Member Julie Lanier
COMMISSIONERS ABSENT: Joseph Siner and Alternate Member Pat Lewis
STAFF PRESENT: Sr. Planner & Zoning Official Juliet Leeming and Administrative Assistant Cheryl Konsavitch
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC COMMENT: None
4. PUBLIC HEARINGS:
SPEC #13-048 Application of Bison Brook Farms, Inc., 141 Swantown Road, Preston, CT 06365 for renewal of a Special Use Permit (#10-099) for Earth Excavation/Filling, property of Bison Brook Farms, Inc. at property located at 42 Button Road, approximately 2,500 feet north of the intersection of Northwest Corner Road and Button Road, North Stonington, CT 06359. Tax Map #44, Parcel #6155
A. Brown read the application into the record.
Seated: L. Steinbrecher, E. Boissevain, A. Brown, W. Wilkinson, J. Lanier
Atty. Harry Heller was present representing the applicant Bison Brook Farms.
Atty. Heller stated this application is for the renewal of a Special Permit for earth excavation for a 3 year renewal. Atty. Heller stated there is virtually no change in the site since 2010 because of the economy and they are requesting a waiver to waive the requirement for an updated topographical survey for this application and to accept the approved 2007 plan. Atty. Heller stated that excavation operations in Phases III and IV have been sporadic because of the minimal demand for earth product materials. The only excavation activities conducted by the applicant on the property have been in connection with the preparation of trenching for the relocation of an underground American Telegraph Company transmission line which crosses the property. Atty. Heller stated that over the next 3 years, it is
anticipated that earth product excavation and removal from the site will be less than 20,000 cubic yards per year. Atty. Heller stated that areas of the project site which have previously been disturbed by excavation have been reclaimed for agricultural and/or farming use.
Atty. Heller stated that disturbed areas of the project site are limited to those areas in which the applicant intends to continue active earth product excavation and removal operations and those areas of the project site which have been trenched for future relocation of the American Telephone and Telegraph Company underground transmission line.
ZEO Leeming went over her application review with the Commission.
Chairman Steinbrecher asked if there were any question or comments from the public pertaining to this application. There were none.
Chairman Steinbrecher asked if there was anyone from the public speaking in favor of this application. The following people spoke:
Van Brown
Pat Charles
Ellie Banker
Red Banker
Chairman Steinbrecher asked if there was anyone from the public speaking against this application. There were none.
MOTION by E. Boissevain, SECOND by A. Brown to close the Public Hearing on SPEC #13-048. MOTION CARRIED UNANIMOUSLY.
5. COMMISSION REVIEW:
SP #13-054 (Site Plan Modification) Application of Stano Trombino, 26 Main St., Ashaway, RI 02804 to utilize the northern side for retail space with auctions held 2 times per month. The existing Subway restaurant will remain. No site changes. Will utilize the existing lawn area to the south as overflow parking for auction on property located at 323 Clarks Falls Rd., North Stonington, CT 06359 in the HC Zone. Tax Map #112, Parcel #261 Commission received on 8/08/13 & must act on or by 10/11/13)
6. PENDING APPLICATIONS:
SPEC #13-048 Application of Bison Brook Farms, Inc., 141 Swantown Road, Preston, CT 06365 for renewal of a Special Use Permit (#10-099) for Earth Excavation/Filling, property of Bison Brook Farms, Inc. at property located at 42 Button Road, approximately 2,500 feet north of the intersection of Northwest Corner Road and Button Road, North Stonington, CT 06359. Tax Map #44, Parcel #6155
Seated: L. Steinbrecher, E. Boissevain, A. Brown, W. Wilkinson, J. Lanier
WAIVER
MOTION by A. Brown, SECOND by E. Boissevain to waive the requirement for an updated topographical survey for this application, Special Permit #13-048 and to accept the approved 2007 Plan in its place for the following reasons:
1. The Commission has reviewed the history of the present use and the Plan submitted and has determined that the information provided is sufficient to properly evaluate the proposal.
2. That much of the information required for Site Plan approval in Section 1700 will not contribute to a better understanding of the proposal, or its impacts on the community or the environment.
3. There has been very little change since the 2007 Site Plan was approved with respect to site activity. The only excavation activity that has taken place has been the trenching for the future relocation of the American Telephone and Telegraph Company underground transmission line which bisects the property.
MOTION CARRIED UNANIMOUSLY.
BONDING
MOTION by E. Boissevain, SECOND by J. Lanier to roll over the existing $50,000 bond from Special Permit #07-124 to this renewal permit. MOTION CARRIED UNANIMOUSLY.
COMMISSION ACTION
MOTION by A. Brown, SECOND by E. Boissevain to approve Special Permit #13-048, Application of Bison Brook Farms, Inc., 141 Swantown Road, Preston, CT 06365 for renewal of a Special Use Permit (#10-099) for Earth Excavation/Filling, property of Bison Brook Farms, Inc. at property located at 42 Button Road, approximately 2,500 feet north of the intersection of Northwest Corner Road and Button Road, North Stonington, CT 06359. Tax Map #44, Parcel #6155 with the following conditions:
a) All fees for any required site monitoring shall be paid by the applicant.
b) Rock crushing equipment shall not be brought onto the site and the use of pneumatic hammers is prohibited.
c) The hours of operation shall be only between 8:00 a.m. to 5:00 p.m. and shall not be permitted on legal holidays or Sundays in accordance with North Stonington Zoning Regulation 1418.4(F).
d) Review by town engineer may be required for future permit renewals based on staff review and level of activity.
In reviewing the Application, the Commission has determined that the 24 continuous years of operation at the site have demonstrated that the health and public safety of the community will not be jeopardized and there shall be no adverse effects on the character of the district, property values or environmental resources.
Additionally, in consideration of the relevant criteria outlined in Section 1602 of the regulations, the Commission 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 original Special Permit Application was approved by the Inland Wetlands Commission.
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 is an estimated potential for 30 truck trips a day removing product from the site.
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. Measures will be taken to control dust, the hours of operation respect the surrounding residential use, and vehicles and equipment will be stored in such a way as to not become a visual nuisance to surrounding homes.
4. No adverse effect will result to the character of the district, property values, historic features, or prosperity of the immediate neighborhood. This site has been utilized for earth excavation for over 24 years. All disturbed areas in prior phases of operation have been restored, and/or will be restored, for agricultural use which is in harmony with the Town’s desire to preserve existing agricultural operations.
5. The character of the immediate neighborhood in terms of scale, density, intensity of use shall be preserved. There is no change to the existing operation proposed.
6. No significant impact on environmental resources will result. All disturbed areas in prior phases of operation have been restored, and/or will be restored per the Zoning Regulations.
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 Renewal 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 in Phases III and IV 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.
MOTION CARRIED UNANIMOUSLY.
7. NEW BUSINESS: None
8. PLANNING ISSUES & DISCUSSION:
A. POCD & PCRL Goals & Objectives
ZEO Leeming discussed goals and objectives with the Commission for both plans
B. Zoning Regulations
ZEO Leeming stated Don Poland will discuss on-going zoning regulation revisions with the Commission.
9. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES:
ZEO Activity Report/August
ZEO Leeming went over her activity report for the month of August with the Commission and also updated
the Commission on Watson Estates and Signal Hill legal documents which are still being reviewed by Atty.
Carey.
10. NEW BUSINESS:
11. REVIEW MINUTES:
Regular Meeting of 08/08/13
The Commission accepted the minutes of 08/08/13 as written.
12. ADJOURNMENT:
MOTION by E. Boissevain, SECOND by W. Wilkinson to adjourn the meeting at 8:38 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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