Town of
North Stonington, CT
PLANNING & ZONING COMMISSION
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REGULAR MEETING
THURSDAY, JANUARY 10, 2013 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
DRAFT MINUTES
1. CALL MEETING TO ORDER: Vice-Chair Elaine Boissevain called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, January 10, 2013 at 7:00 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: Elaine Boissevain, Vice-Chair, Joseph Siner, Secretary, Ann Brown, Wayne Wilkinson, and Alternate Member Julie Lanier
COMMISSIONERS ABSENT: Lou Steinbrecher, Chairman, and Alternate Member Pat Lewis
STAFF PRESENT: Sr. Planner & Zoning Official Juliet Leeming, Administrative Assistant Cheryl Konsavitch, Commission Attorney Michael Carey and Consulting Engineer Don Aubrey
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC COMMENT: None
4. 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 & must act on or by 2/15/13)
Secretary Siner read the application into the record.
A. Brown recused herself.
Atty. Tim Bate, Arlene Steinlauf, and Phil Katz of Stantec Engineering were present representing the applicant.
Atty. Bates went over the wetlands conditions and Mr. Katz submitted and went over the revisions to the plans.
Atty. Bates went over the waiver requests with the Commission and Atty. Carey addressed some legal issues pertaining to this application.
Nicholas Mullane, 1st Selectman made comments throughout the presentation.
WAIVERS GRANTED
1. The applicant requests a waiver of Table 6-1 (Road Design Standards): Width of travel lanes (2 each) 12 feet (for Jeremy Hill Road only)
MOTION by W. Wilkinson, SECOND by J. Siner to approve the waiver request from the requirement to widen the travel lanes on Jeremy Hill Road to 12 feet. MOTION CARRIED UNANIMOUSLY.
Reason(s): Jeremy Hill Road is an historic road of set dimensions, which adequately handles its traffic flow, and the expansion of the two travel lanes way to a full 12 feet along the frontage owned by the applicants will unnecessarily disturb the wooded environment along the roadway. Also, the increase in the width of the roadway for the limited frontage of the property may actually create confusion in the minds of drivers regarding the actual width of the road and will negatively disrupt the scenic country scale of the current road.
2. The applicant requests a waiver of Table 6-1 (Road Design Standards): Planting strip (2 each) – 10 feet
MOTION by W. Wilkinson, SECOND by J. Lanier to approve the waiver request from the requirement to have a 10-foot planting strip on each side of the proposed roadway, as more particularly set forth in Section 7.7 of the Subdivision Regulations and 1803E of the Zoning Regulations. MOTION CARRIED UNANIMOUSLY.
Reason(s): It is the intention of the applicants to leave the existing vegetation in place to the extent feasible – an objective endorsed by the Inland Wetlands Commission of the Town of North Stonington. Therefore, pursuant to Section 7.2 of the Subdivision Regulations and 1802G of the Zoning Regulations, the applicants request permission to preserve existing trees and shrubs outside the 24-foot travel lanes to the extent feasible, obviating the need for the 10-foot planted strips.
3. The applicant requests a waiver of Section 6.3; 6.3.1 Every subdivision shall, unless waived by the Commission, make provision for pedestrian and/or bicycle accessibility and circulation and this requirement may, with approval of the Commission, be met through: …”
MOTION by W. Wilkinson, SECOND by J. Lanier to approve the waiver request from the requirement for sidewalks. MOTION CARRIED UNANIMOUSLY.
Reason(s): The roadway is in a secluded woodland area and will be lightly traveled since it only serves a small residential subdivision. Under these circumstances, sidewalks are not necessary for pedestrian safety, and the waiver of the sidewalk requirement will help preserve the vegetation and wetlands along the proposed roadway. The applicants have agreed that as a condition of approval, no new lots will be added to the subdivision without provision for an additional access road, assuring that the proposed roadway, without sidewalks, will not receive substantially more traffic and will continue to accommodate pedestrians and bicycles.
4. The applicant requests a waiver of Table 6-1 (Road Design Standards): Number of parking lanes (if required) - 1
MOTION by W. Wilkinson, SECOND by J. Siner to approve the waiver request while no one has indicated that a parking lane is required, or even appropriate along the proposed roadway, to the extent that one might be, the applicants request a waiver of this requirement. MOTION CARRIED UNANIMOUSLY.
Reason(s): The roadway is in a secluded woodland area and will only serve a small residential subdivision. Under these circumstances, a parking lane is not necessary, and the waiver of the parking lane requirement will help preserve the vegetation and wetlands along the proposed roadway. The proposed roadway is for access purposes only, runs through a wetlands area, and is not immediately adjacent to any homes or activities.
5. The applicant requests a waiver of Table 6-1 (Road Design Standards): Curbing – Granite or Portland cement slope curbing unless waived by the Commission per Section 7.4.2
MOTION by W. Wilkinson, SECOND by J. Lanier to approve the waiver request as the applicants intend to install Cape Cod curbing along the proposed roadway, as requested by the Inland Wetlands Commission, but requests that the Commission waive the requirement that they be made of granite or Portland cement. MOTION CARRIED UNANIMOUSLY.
Reason(s): The roadway is in a secluded woodland area and will be lightly traveled since it only serves a small residential subdivision. Under these circumstances, the curbing need not be made of granite or Portland cement, as asphalt (bituminous concrete) curbing matching the appearance of the road will serve the necessary function while providing an attractive appearance. The proposed curbing is less disruptive to the surrounding wetlands, allowing wildlife to cross the roadway more easily. The Wetlands Commission has stipulated use of Cape Cod curbing as a condition of approval.
6. The applicant requests a waiver of Section 1704.2R
MOTION by W. Wilkinson, SECOND by J. Lanier to approve the waiver request of the requirement for the submission of a Lighting Plan. MOTION CARRIED UNANIMOUSLY.
Reason(s): No lighting is proposed at this time. Applicant is aware that a Lighting Plan must be submitted if at any time in the future lighting is going to be installed along the private road. The applicant would have to submit a modification of a Site Plan at the same time.
General Note: The following Site Plan requirements do not apply to this application as there are no homes being built on the North Stonington portion of the property:
Sections 1704.2D (Buildable Area), E (Zoning Compliance Chart), H (Wells and Septic feasibility), and Y (Location of Septic System)
Section 1706.7 (Architectural Character)
Section 1706.8 (Landscaping and Screening)
Section 1711 (Design Review)
Section 1712 (Site Amenities)
7. The applicant requests a waiver of Section 1704.2K, requiring a Landscape Plan showing the planting locations and species to be used, the ground cover, and surface treatments proposed, etc., performed by a professional landscape architect.
MOTION by W. Wilkinson, SECOND by J. Lanier to approve the waiver request from the requirement for a Landscape Plan prepared by a professional landscape architect. MOTION CARRIED UNANIMOUSLY.
Reason(s): The proposed plan calls for construction of a 24-foot roadway through a wetland area that will be largely undisturbed, except as required for the road and drainage facilities. Accordingly, the natural landscape will largely remain in place, and there is no need for a Landscape Plan.
DECISION
MOTION by W. Wilkinson, SECOND by J. Lanier to approve 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 with the following conditions:
1. The applicant must submit an As-Built Plan upon completion of the road and drainage structures.
2. No additional lots will be created or sold without the provision of an additional access way to a public road.
3. Install Cape Cod Curbing
4. The Subdivision’s road edges are to remain wooded, with little or no disturbance in lieu of a 50 foot, cleared right of way.
5. Use stringed hay bales, woodchips and stump grindings, no silt fence for E&S controls.
6. Locate the stockpile and staging area, 100 feet from any wetlands.
7. Detention basin at the southwest end of the subdivision road should be constructed as a created wetland/vernal pool with plantings. Provide our office (IWC) with your intentions.
8. Applicant shall meet with the Highway Foreman prior to making driveway cut.
9. Mailbox location to be determined after meeting with postal service.
10. Applicant shall create a legal entity/mechanism where by roadway and all accessory facilities shall be permanently maintained.
11. All conveyance documents including without limitation, Declaration, Deed of Easement, Easements, and/or conveyances of land granted to Town shall be in form and content satisfactory to Planning & Zoning Commission Attorney and Senior Planner.
12. Applicant shall provide certificate of title as to all documents.
13. There shall be no encumbrances senior to the rights created and interests created by the documents.
14. Driveway shall never be a public road of the Town of North Stonington and the Town shall have no obligation to maintain or repair it. Applicant or its successors/assigns shall permanently maintain the sight lines at Jeremy Hill Road.
MOTION CARRIED UNANIMOUSLY.
5. PENDING APPLICATIONS:
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 (PH opened & closed on 1/03/13; Commission received on 12/06/12 & Commission must act on or by 3/08/13)
Secretary Siner read the application into the record.
Seated: E. Boissevain, J. Siner, W. Wilkinson, A. Brown, J. Lanier
MOTION by J. Siner, SECOND by W. Wilkinson to approve 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 with the following conditions:
1. Dry hydrants shall be installed in accordance with the specifications of the Fire Chief.
2. The houses on lots #17 and #18 shall be sprinklered.
3. As-built site development plans for each lot shall be submitted to the Zoning Enforcement Officer at the time of the Certificate of Zoning Compliance.
4. The affordability plan and other legal documents, including the common interest ownership documents and driveway easements, and any other documents reasonably required by the Planning and Zoning Commission Attorney, shall be reviewed by and subject to the approval of the Town Attorney.
5. Setbacks, as stated on Schedule F of the Affordability Plan, shall be indicated on the subdivision plans.
6. The 15-foot conservation easement along the wetlands shall be conveyed to a suitable conservation organization, but an additional right and obligation to enforce the easement shall be granted to the homeowners association, if any, and an additional right, but not the obligation, to enforce the easement shall be granted to the Town of North Stonington. The instrument creating the conservation easement shall be satisfactory to the Planning and Zoning Commission Attorney as to form and content.
7. The conservation easement shall be marked in the field using markers provided by the Town and affixed to trees.
8. A right to drain shall be granted to the Town in those locations marked on the overall development plan submitted during the public hearing and per documents satisfactory to the Planning and Zoning Commission Attorney and Senior Planner as to form and content.
9. Sight lines as depicted on the plans shall be permanently maintained by the homeowners association and/or by owners of subject lots.
10. The erosion and sedimentation control plan depicted in the application plans for the common driveway serving lots 9-18 shall be bonded in an amount satisfactory to the zoning enforcement officer, and with bond documents to the satisfaction of the Town Attorney.
11. Metes and bounds shall be indicated on the plans for all common and shared driveways, and for the additional road right of way to be conveyed to the Town along Lake of Isles Road, but not for the conservation easement.
12. A note shall be added to the plans and documents stating that there shall be no parking on the septic systems.
13. Prior to filing of the endorsed subdivision plan, the applicant shall provide final signed road right of way deeds, easements for rights to drain and sight lines, and other legal documents to the Town Attorney, along with a preliminary certificate of title, for his approval; and shall submit a final certificate of title after filing of said documents, and any subordinations required to ensure that there are no prior encumbrances to the rights created and interests conveyed by the documents.
MOTION CARRIED UNANIMOUSLY.
6. NEW APPLICATIONS: None
7. PLANNING ISSUES & DISCUSSION:
POCD Update
ZEO Leeming updated the Commission on the POCD and discussed the survey and visioning session and also states the EDC & Housing Plan are ready to be presented to P&Z.
8. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES: None
9. NEW BUSINESS: None
10. OLD BUSINESS: None
11. REVIEW MINUTES:
Review minutes of Regular Meeting of 01/03/13
The Commission accepted the minutes of 01/03/13 as written.
12. ADJOURNMENT:
MOTION by A. Brown, SECOND by W. Wilkinson to adjourn the meeting at 9:15 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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