Town of North Stonington,
CT PLANNING & ZONING COMMISSION
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REGULAR MEETING
THURSDAY, JUNE 6, 2013, 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
MINUTES APPROVED ~ JUNE 13, 2013
1. CALL MEETING TO ORDER: Vice-Chair Boissevain called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, June 6, 2013 at 7:02 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: Elaine Boissevain, Vice-Chair, Joseph Siner, Secretary, Wayne Wilkinson and Alternate Members Julie Lanier and Pat Lewis (arrived at 7:10 p.m.)
COMMISSIONERS ABSENT: Lou Steinbrecher, Chairman, and Ann Brown
STAFF PRESENT: Sr. Planner & Zoning Official Juliet Leeming and Administrative Assistant Cheryl Konsavitch
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC COMMENT:
Shawn Murphy asked about enforcement issues which will be discussed under Item 6
4. PUBLIC HEARING:
SPEC #13-018 (Special Permit) SPEC #13-019-APZ (Aquifer Protection) Application of Joe Pacheco, 15 Canary St., Pawcatuck, CT 06379 for property owned by the Estate of Elbert L. Morgan for a Special Permit for a Landscaping Business in the Aquifer Protection Overlay Zone at property located at 19 Pendleton Hill Rd., North Stonington, CT 06359 in a CD/APOA Zone. Tax Map #126, Lot #9968. The Public Hearings for these applications will be heard concurrently.
(PH scheduled to open on 6/06/13; Commission received on 5/02/13; & PH must close on or by 7/10/13)
Secretary Siner read the application into the record.
Seated: E. Boissevain, J. Siner, W. Wilkinson, J. Lanier
Mr. Pacheco was present for this application.
ZEO Leeming presented the application on Mr. Pacheco’s behalf. ZEO Leeming stated the proposal before you is to convert the existing legally, non-conforming residential use back into a permitted commercial use in the CD zone. ZEO Leeming stated the site is fully developed and the proposed use will only occupy the existing structures. The current home and one of the existing garages will be used as office space and storage for vehicles and equipment associated with the proposed landscaping business. The only proposed changes to this site are to convert the upper floor of the residence to an accessory apartment and to add garage doors to the existing open garage in order to secure the vehicles and equipment that will be parked on site. The first floor will be used as office space and
storage once renovated.
ZEO Leeming stated that the Commission will also need to vote to allow the increase in size of the commercial caretaker apartment from 900 square feet to 946 square feet for the existing structure.
Vice-Chair Boissevain asked if there were any question or comments from the public pertaining to this application. The following person spoke:
Bill Ricker
Vice-Chair Boissevain asked if there was anyone from the public speaking against this application. There were none.
Vice-Chair Boissevain asked if there was anyone from the public speaking in favor of this application. There were none.
MOTION by W. Wilkinson, SECOND by J. Lanier to close the Public Hearing on SPEC #13-018 and SPEC #13-019. MOTION CARRIED UNANIMOUSLY.
4. PENDING APPLICATION:
SPEC #13-018 (Special Permit) SPEC #13-019-APZ (Aquifer Protection) Application of Joe Pacheco, 15 Canary St., Pawcatuck, CT 06379 for property owned by the Estate of Elbert L. Morgan for a Special Permit for a Landscaping Business in the Aquifer Protection Overlay Zone at property located at 19 Pendleton Hill Rd., North Stonington, CT 06359 in a CD/APOA Zone. Tax Map #126, Lot #9968. The Public Hearings for these applications were heard concurrently.
Secretary Siner read the application into the record.
Seated: E. Boissevain, J. Siner, W. Wilkinson, J. Lanier
ZEO Leeming read the waiver request into the record to waive the requirement of Section 1702.2 Site Plan requirement if 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 drawn to scale.
WAIVER REQUEST
MOTION by W. Wilkinson, SECOND by J. Lanier 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 a detailed Plot Plan and the site is currently fully developed and the proposed use will only occupy the existing structures. MOTION CARRIED UNANIMOUSLY.
DECISION
MOTION by W. Wilkinson, SECOND by J. Lanier to approve SPEC #13-018 (Special Permit) SPEC #13-019-APZ (Aquifer Protection) Application of Joe Pacheco, 15 Canary St., Pawcatuck, CT 06379 for property owned by the Estate of Elbert L. Morgan for a Special Permit for a Landscaping Business in the Aquifer Protection Overlay Zone at property located at 19 Pendleton Hill Rd., North Stonington, CT 06359 in a CD/APOA Zone. Tax Map #126, Lot #9968. The Public Hearings for these applications were heard concurrently. MOTION CARRIED UNANIMOUSLY.
FINDINGS
The Commission has considered the following criteria in reviewing the application:
1. That the proposal is adequately served by an appropriately designed and sufficient water supply, and sanitary facilities; Property improvements were done in 1991 when the structure was constructed. Site is adequately served by existing well and septic system
2. That the use(s) and/or structure(s) be arranged, constructed, and operated in a manner that protects the health, safety and welfare of the citizens of North Stonington;
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; Property is essentially being used to store equipment. There will be no active retail business at this location. All work is done at off-site locations therefore trucks will leave in the morning and return at the end of the work day.
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; Commercial Services are permitted in the CD Zone
5. That no adverse effect will result to the character of the district, property values, historic features, or prosperity of the immediate neighborhood; Conversion of the residence to a business will make the property more conforming to the regulations.
6. The preservation of the character of the immediate neighborhood in terms of scale, density, intensity of use and architectural character; The condition of the existing buildings will be improved and all equipment will be stored in the garage on site.
7. That no significant impact on environmental resources will result; The wetlands will not be affected by this project.
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 Commission encourages new commercial businesses to locate in the Commercial Zones.
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.
MOTION by W. Wilkinson, SECOND by J. Siner to increase the size of the Commercial Caretaker Apartment from 900 square feet to 946 square feet for property located at 19 Pendleton Hill Rd., North Stonington, CT 06359 in a CD/APOA Zone. Tax Map #126, Lot #9968. MOTION CARRIED UNANIMOUYSLY.
5. PLANNING ISSUES & DISCUSSION:
POCD Goals & Objectives
The Commission along with members of the POCD Steering Committee discussed goals and objectives. ZEO Leeming also addressed the Regional and State goals.
6. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES:
ZEO Activity Report/May
ZEO Leeming went over her activity report for the month of May. Mr. Shawn Murphy was present and had questions pertaining to RV’s being parking in the setbacks in the R-40 zone on undersized lots.
7. NEW APPLICATIONS: None
8. NEW BUSINESS:
MOTION by J. Siner, SECOND by W. Wilkinson to approve the Request for an additional & final 90-day filing extension to 10/28/13 of the approved subdivision plans for 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. MOTION CARRIED UNANIMOUSLY
9. OLD BUSINESS: None
10. REVIEW MINUTES:
Regular Meeting of 5/09/13
The Commission accepted the minutes of 5/09/13 as written.
11. ADJOURNMENT:
MOTION by J. Siner, SECOND by W. Wilkinson to adjourn the meeting at 8:55 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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