Town of North Stonington,
CT PLANNING & ZONING COMMISSION
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REGULAR MEETING
THURSDAY, OCTOBER 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 Boissevain called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, October 10, 2013 at 7:00 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: Elaine Boissevain, Vice-Chair, Joseph Siner, Wayne Wilkinson and Alternate Members Pat Lewis and Julie Lanier
COMMISSIONERS ABSENT: Chairman Lou Steinbrecher and Ann Brown
STAFF PRESENT: Administrative Assistant Cheryl Konsavitch
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC COMMENT: None
4. PUBLIC HEARINGS:
A. SPEC #13-061 (Home Occupation Class II) Application of Donald Welch, 246 Mystic Rd., N.
Stonington, CT 06359 for a Special Permit for a Class II Home Occupation to operate a home auto repair service on property located at 246 Mystic Rd., North Stonington, CT 06359 in an R-80 Zone. Tax Map #107, Parcel #6173.
(PH scheduled to open on 10/10/13; Commission received on 9/12/13 & PH must close on or by 11/13/13)
Secretary Siner read the application into the record.
Seated: E. Boissevain, J. Siner, W. Wilkinson, P. Lewis, J. Lanier
Mr. Donald Welch was present and went over his application stating he proposes to open a motor vehicle repair shop repairing 1 to 2 at a time within a portion of his existing garage and that no portion of his 2,225 sq. ft. home will be used as part of the home occupation. Mr. Welch stated there are no proposed changes to the layout of the existing lot. The home occupation would be operated in a 640 sq. ft. area within the existing 1,280 sq. ft. detached garage located behind the residence. Mr. Welch stated he will be the only employee and the repairs will take place inside the garage only.
Vice-Chair Boissevain read an e-mail into the record from the Ann Brown clarifying the easements that she and George Brown have across the Welch property.
Mr. Welch stated that there will be 2 additional parking spaces and ZEO Leeming asked that they be identified on the plan. Mr. Welch submitted a picture of the garage in his application showing the parking area. Mr. Welch stated there will be no hazardous materials, solid waste, or bulk fuel stored on the property and no manufacturing of any kind will be done on this site.
Mr. Welch stated that any materials associated with the repair shop will be stored inside and no commercial vehicles will be associated with the home repair shop.
Vice-Chair Boissevain reviewed ZEO Leeming’s memo with the Commission and went over the criteria from Section 1602 that must be complied with for a Special Permit.
Vice-Chair Boissevain asked if there were any questions or comments from the public pertaining to 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.
Vice-Chair Boissevain asked if there was anyone from the public speaking against this application. There were none.
MOTION by J. Siner, SECOND by J. Lanier to close the public hearing on SPEC #13-061. MOTION CARRIED UNANIMOUSLY.
B. SPEC #13-062 & SPEC/APOA #13-063 (Special Permit & Aquifer Overlay) Application of A&J Landscaping, c/o Adam Marsiglio, P.O. Box 12, Ashaway, RI 02804 for a Special Permit in the Aquifer Overlay Area to utilize an existing building to support a landscaping business & retail store for the sale of plants & landscaping mulch with no major site changes proposed on property located at 217 Providence-New London Turnpike, North Stonington, CT 06359 in the VC/AP Zone. Tax Map #117, Parcel #4165 (PH scheduled to open on 10/10/13; Commission received on 9/12/13 & PH must close on or by 11/13/13)
Secretary Siner read the application into the record.
Seated: E. Boissevain, J. Siner, W. Wilkinson, P. Lewis, J. Lanier
Anthony Nenna, On-Site Engineering, Inc., Stano Trombino, and Adam Marsiglio were present for this application.
Mr. Nenna went over the proposed application and stated the proposed lawn care business will include some retail sales of mulch and flowers, but the primary landscaping activity will occur off-site. There are 8 parking spaces provided in the front adjacent to the building and the 1982 approved site plan allowed one of the 3 parking spaces parallel to Route 184 to be located within the front setback as also shown on the plan. The bins for mulch and other product will be located in the existing bulk storage areas as indicated on the plan. Mr. Nenna stated the applicant may construct a green house in the future as indicated on the plan.
Mr. Nenna briefly went over the spill prevention plan and stated the proposed lighting is for security purposes and consists of 4 building mounted, full cut-off or recessed luminaries which he included in a handout as part of this application. Mr. Nenna stated they are going to create a buffer in the front to buffer the parking from the road and utilize what was previously approved in 1982 with shrubs and a planting bed. The sign location has been identified on the plan, but an additional sign permit is required to determine conformance with height, color, materials, etc. of the proposed sign.
Mr. Nenna stated the applicant proposes to use the easement for the larger trucks coming in and out of the property because of the topography and the size of the trucks and safety reasons. The business has 2 dump trucks and backhoes.
Mr. Nenna stated the applicant does not plan on storing any fertilizer on the property as he buys what he needs for the day off-site and also the same applies for snow plowing, where he will take the trucks off-site to fill with sand/salt to use for jobs.
Mr. Nenna went over his waiver requests.
The Commission reviewed the Special Permit criteria in considering this application
Vice-Chair Boissevain asked if there were any questions or comments from the public pertaining to this application. There were none.
Vice-Chair Boissevain asked if there was anyone from the public speaking in favor of this application. The following person spoke:
Stano Trombino
Vice-Chair Boissevain asked if there was anyone from the public speaking against this application. There were none.
MOTION by W. Wilkinson, SECOND by P. Lewis to close the Public Hearing on SPEC #13-062 and #13-063. MOTION CARRIED UNANIMOUSLY.
5. PENDING APPLICATIONS:
A. SPEC #13-061 (Home Occupation Class II) Application of Donald Welch, 246 Mystic Rd., N.
Stonington, CT 06359 for a Special Permit for a Class II Home Occupation to operate a home auto repair service on property located at 246 Mystic Rd., North Stonington, CT 06359 in an R-80 Zone. Tax Map #107, Parcel #6173.
Secretary Siner read the application into the record.
Seated: E. Boissevain, J. Siner, W. Wilkinson, P. Lewis, J. Lanier
WAIVER
MOTION by J. Siner, SECOND by W. Wilkinson to accept the waiver request as permitted in Section 1702.2 to waive site plan requirement as no major site alterations are proposed and all information necessary to show compliance with the regulations can be presented on the detailed Plot Plan and narrative submitted with this application. MOTION CARRIED UNANIMOUSLY.
COMMISSION ACTION
MOTION by W. Wilkinson, SECOND by P. Lewis to approve SPEC #13-061 (Home Occupation Class II) Application of Donald Welch, 246 Mystic Rd., N. Stonington, CT 06359 for a Special Permit for a Class II Home Occupation to operate a home auto repair service on property located at 246 Mystic Rd., North Stonington, CT 06359 in an R-80 Zone. Tax Map #107, Parcel #6173 with the following condition:
- All materials and/or equipment associated with the Home Occupation shall be contained or otherwise stored within the total floor area designated for the Home Occupation. There shall be NO outdoor storage associated with the Home Occupation, nor storage of any solid waste generated (such as old parts). Motor vehicles that are abandoned or inoperable must be removed in a timely fashion.
MOTION CARRIED UNANIMOUSLY
FINDINGS
When reviewing the application the Commission considered the relevant criteria in Section 1602 of the Zoning Regulations as summarized for the record in the planner’s memo dated 10/10/13 and 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.
B. SPEC #13-062 & SPEC/APOA #13-063 (Special Permit & Aquifer Overlay) Application of A&J Landscaping, c/o Adam Marsiglio, P.O. Box 12, Ashaway, RI 02804 for a Special Permit in the Aquifer Overlay Area to utilize an existing building to support a landscaping business & retail store for the sale of plants & landscaping mulch with no major site changes proposed on property located at 217 Providence-New London Turnpike, North Stonington, CT 06359 in the VC/AP Zone. Tax Map #117, Parcel #4165 (PH scheduled to open on 10/10/13; Commission received on 9/12/13 & PH must close on or by 11/13/13)
Secretary Siner read the application into the record.
Seated: E. Boissevain, J. Siner, W. Wilkinson, P. Lewis, J. Lanier
WAIVER
MOTION by W. Wilkinson, SECOND by J. Lanier to waive Site Plan requirements in Section 1702.2 as no major site alterations are proposed and all information necessary to show compliance with the regulations are presented using a combination of existing plans on file and/or a detailed Plot Plan and narrative submitted with this application, the Commission may waive the requirements of Section 1704 by ¾ vote. MOTION CARRIED UNANIMOUSLY.
COMMISSION ACTION
MOTION by W. Wilkinson, SECOND by J. Siner to approve SPEC #13-062 & SPEC/APOA #13-063 (Special Permit & Aquifer Overlay) Application of A&J Landscaping, c/o Adam Marsiglio, P.O. Box 12, Ashaway, RI 02804 for a Special Permit in the Aquifer Overlay Area to utilize an existing building to support a landscaping business & retail store for the sale of plants & landscaping mulch with no major site changes proposed on property located at 217 Providence-New London Turnpike, North Stonington, CT 06359 in the VC/AP Zone. Tax Map #117, Parcel #4165 with the following conditions:
- All commercial vehicles associated with the Commercial Service and/or stored on the property, must be registered and operational.
- Equipment and vehicles shall be stored in designated areas only and in accordance with all regulations
pertaining to outdoor storage of commercial vehicles and equipment.
- Receipt of comments from both Sanitarian and Fire Marshall must be submitted to Land Use Office
for this application.
MOTION CARRIED UNANIMOUSLY
FINDINGS
When reviewing the application the Commission considered the relevant criteria in Sections 1602 and 1104.4 of the Zoning Regulations as summarized for the record in the planner’s memo dated 10/10/13 and has found that:
1. the Special Permit Application is in conformance with the applicable provisions of these Regulations including, 1104.2 (Conditional Uses in an APOA), 1104.4 (APOA Special Permit); 1600 Special Permit, and 1700 Site Plan.
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 the Special Permit criteria in Section 1104.4 relating to the Aquifer Protection Overlay Area; and
3. the Special Permit Application is in harmony with the purposes and intent of these Regulations.
6. PLANNING ISSUES & DISCUSSION:
POCD update
No Discussion
7. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES: None
8. NEW APPLICATIONS: None
9. OLD BUSINESS: None
10. NEW BUSINESS: None
11. REVIEW MINUTES:
Regular Meeting of 10/03/13
The Commission accepted the minutes of 10/03/13 as written.
12. ADJOURNMENT:
MOTION by J. Siner, SECOND by W. Wilkinson to adjourn the meeting at 8:10 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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