Town of
North Stonington, CT
PLANNING & ZONING COMMISSION
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REGULAR MEETING
THURSDAY, JANUARY 3, 2013 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
MINUTES APPROVED ~ JANUARY 10, 2013
1. CALL MEETING TO ORDER: Chairman Lou Steinbrecher called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, January 3, 2013 at 7:02 p.m. at the New Town Hall, Conference Room.
COMMISSIONERS PRESENT: Lou Steinbrecher, Chairman, Elaine Boissevain, Vice-Chair, Joseph Siner, Secretary, Ann Brown, Wayne Wilkinson and Alternate Members Pat Lewis (arrived at 7:03 & left at 7:30 p.m.) and Julie Lanier
COMMISSIONERS ABSENT: None
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 HEARINGS:
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.
A. Brown stated for the record that she has a relatively long professional relationship with Atty. Branse who she works with routinely and asked if anyone had any objection to her being seated for this application. Atty. Branse also stated for the record that he does not represent Ms. Brown personally. No one objected to Ms. Brown being seated.
Seated: L. Steinbrecher, E. Boissevain, J. Siner, W. Wilkinson, A. Brown
Atty. Mark Branse and Mr. Peter Gardner were present representing Green Falls Associates, L.L.C.
Atty. Branse stated this application is being submitted as an 8-30g “set-aside development” which means there are no zoning or subdivision regulations to follow. The criteria are, that in order to deny an application of this kind there has to be a substantial adverse impact on public health, safety or other matters the Commission is authorized to consider. Atty. Branse stated the main objective of 8-30g is to provide for affordable housing in communities that have a need for it and North Stonington has less then 1%. Atty. Branse stated that usually the burden is on the applicant to prove they meet the regulations but with this type of application the burden is on the Commission to prove that there is a substantial health or safety issue. Atty. Branse also stated that if there is a
substantial adverse impact and there is evidence to support it, that impact must outweigh the need for affordable housing in that community. Atty. Branse stated that a community that is closer to 10% on its affordable housing the more lenient the courts would be in giving you the substantial adverse impact. Atty. Branse stated this is a low impact 8-30g proposal with single family residences in a rural community.
Mr. Gardner, Land Surveyor, and also a member of Green Falls Associates went over the site-plan sheet by sheet for the Commission. Mr. Gardner stated the property is a total of approximately 55 acres on the south side of Lake of Isles Road right on the Town Line with Preston. Mr. Gardner stated that before the final plans were put together, the Town Sanitarian was out there doing test holes with them and before they made application the layout was reviewed by the Sanitarian, Karen Weiss. Mr. Gardner stated they also had the Fire Chief review the full set of plans in which he had several comments that they have incorporated into the plans with one being the recommendation of Lot 17 and 18 having residential sprinklers installed, also discussed were the installation of three dry hydrants in which the Fire
Chief will be involved in the construction of those and apparatus turn-outs.
Mr. Gardner stated they had met with Don Aubrey of Towne Engineering who had comments with most being directed to drainage and flooding. Mr. Gardner stated the existing access road will be widened to 20 feet and extended with an additional culvert. Mr. Gardner stated they had met with the Inland Wetlands Commission who had approved the plan with several conditions.
The Commission discussed a Conservation Easement that was a condition of the Wetlands approval on who will hold that easement. Mr. Gardner discussed lot sizes, septic and frontage.
Mr. Gardner submitted for the record (Exhibit A) a plan showing frontage along Lake of Isles Road with elevations.
The Commission also discussed in length drainage issues which 1st Selectman Nicholas Mullane also had concerning drainage unto Lake of Isles Road and asked about giving the Town drainage easements.
Mr. Gardner and Mr. Branse addressed Mr. Aubrey’s memo and stated he believed they had addressed all of his concerns.
Mr. Gardner submitted for the record (Exhibit B) a marked up plan showing two drainage easements to be conveyed to the Town.
MaryAnn Ricker, Co-Chair of the Affordable Housing Commission read a letter of support into the record for this application.
ZEO Leeming reviewed her memo which states the proposed project consists of 18 single family residences, with six having deed restricted affordable per CGS 8-30g with lots ranging in size from 11,250 square feet to 40,709 square feet.
Atty. Carey asked for clarification on some issues including bonding and driveway agreement.
Chairman Steinbrecher asked if there were any question or comments from the public pertaining to this application. The following people spoke:
Anne Nalwalk
Nicholas Mullane, 1st Selectman
Chairman Steinbrecher asked if there was anyone from the public speaking against this application. There were none.
Chairman Steinbrecher asked if there was anyone from the public speaking in favor of this application. There were none.
Atty. Branse stated he believes they have addressed Mr. Aubrey’s comments, and none of Mr. Aubrey’s comments identify even the potential for a substantial adverse impact on health or safety.
MOTION by E. Boissevain, SECOND by J. Siner to close the public hearing on SUB #12-100. MOTION CARRIED.
A. Brown – Opposed
5. 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; will review on 1/03/13 & must act on or by 2/15/13)
Secretary Siner read the application into the record.
A. Brown recused herself.
Atty. John Casey and Phil Katz of Stantec Engineering were present representing the applicant.
Atty. Casey gave a brief overview of the application.
Mr. Katz went over the revised plans stating they have done an upgraded topographical survey which shows additional information that has been requested from the Commission’s Consulting Engineer, Don Aubrey. Mr. Katz stated there is also an A-2 full boundary survey. The site plan has been revised to show the entrance which meets Jeremy Hill Road showing a 50 foot long parking area for parents waiting for the school bus for their children, mailbox locations, utilities, vernal areas, site lines diagrams, right of way onto Jeremy Hill Road, limits of disturbance for a 24 foot roadway, alternate limit of disturbance for a 50 foot roadway, boulders and trees that need to be removed, cross sections at every 25 feet, shows cape cod curbing, shows how the road will be built with E&S controls and the entire
limit of disturbance, shows additional test pits and shows the plan that was recorded in Stonington for the Subdivision
Mr. Katz submitted a surety estimate and addressed ZEO Leeming’s memo and stated they will address Mr. Aubrey’s memo next week after they have reviewed it.
Atty. Casey stated they will also submit their wavier requests on separate sheets.
6. 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)
7. NEW APPLICATIONS: None
8. PLANNING ISSUES & DISCUSSION:
POCD Update
ZEO Leeming stated she had e-mailed the Commission a draft of the survey and she would like them to comment on it. ZEO Leeming also updated the Commission on the Neighborhood Meetings and stated that the EDC and Housing Plans are done which will be presented to the Commission at a later date.
9. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES: None
10. NEW BUSINESS: None
11. OLD BUSINESS: None
12. REVIEW MINUTES:
Review minutes of Regular Meeting of 12/13/12
The Commission accepted the minutes of 12/13/12 as written.
13. ADJOURNMENT:
MOTION by E. Boissevain, SECOND by J. Lanier to adjourn the meeting at 10:37 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
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