REGULAR MEETING
THURSDAY, NOVEMBER 3, 2016 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
DRAFT MINUTES
1. CALL MEETING TO ORDER:
Chairman Lou Steinbrecher called the Regular Meeting of the North Stonington Planning & Zoning Commission to order on Thursday, November 3, 2016 at 7:01 p.m. at the New Town Hall,
Conference Room.
COMMISSIONERS PRESENT:
Lou Steinbrecher, Chairman, Ann Brown, Wayne Wilkinson and Alternate Member Pat Lewis
COMMISSIONERS ABSENT:
Elaine Boissevain, Vice-Chair, Joseph Siner, Secretary and Alternate Members Ed McGowan and Julie Lanier
STAFF PRESENT:
ZEO/Planner Tom Zanarini and Administrative Assistant Cheryl Konsavitch
2. ADDITIONS TO THE AGENDA:
None
3. PUBLIC COMMENT:
None
4. PUBLIC HEARINGS:
A. SPP #16-068 Application of Bison Brook Farms, Inc., 141 Swantown Rd., Preston, CT 06365 for renewal of a Special Use Permit (#13-048) for Earth Excavation/Filling,
property of Bison Brook Farms, Inc. at property located at 42 Button Rd., approximately 2,500 feet north of the intersection of Northwest Corner Rd. and Button Rd., North Stonington, CT 06359 in an R-80 Zone. Tax Map #44, Parcel #6155
(PH scheduled to open on 11/03/16; Received on 10/06/16 & PH must close on or by
12/07/16)
Chairman Steinbrecher read the application into the record.
Seated: L. Steinbrecher, A. Brown, W. Wilkinson, P. Lewis
Atty. Harry Heller and the applicant Tim Suchocki were present.
Atty. Heller stated he was before the Commission for a 3 year renewal request and there has been virtually no change on this site since 2013 except a portion has been re-graded and is used for raising corn.
Atty. Heller stated that because of the nature of the material on this site there is no market for it at this time.
Atty. Heller submitted a letter from Mr. & Mrs. Von Wittenau in favor of this application. (Exhibit A)
Chairman Steinbrecher asked if there were any questions 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 person spoke:
Anne Nalwalk
Chairman Steinbrecher asked if there was anyone from the public speaking against this application. There were none.
ZEO Zanarini went over his staff report for this application.
MOTION by A. Brown, SECOND by W. Wilkinson to close the Public Hearing on application SPP #16-068. MOTION CARRIED UNANIMOUSLY
B. SUB #16-075 Application of Hilaire Cote, 32 Clarks Falls Rd., N. Stonington, CT 06359 for a 2 lot subdivision on property located at 32 Clarks Falls Rd. in
an R-80 Zone. Tax Map #104, Parcel #8261. (PH scheduled to open on 11/03/16; Received on 10/13/16 & PH must close on or by 12/07/16)
Chairman Steinbrecher read the application into the record.
Seated: L. Steinbrecher, A. Brown, W. Wilkinson, P. Lewis
Mr. Hilaire Cote was present for this application and went over the site plan for the Commission. Mr. Cote stated they are splitting off a parcel for the creation of a conservation lot that will be given
to the Land Alliance.
The Commission discussed and believed this application should be a site-plan and not a subdivision as they are creating a conservation lot and breaking off the existing house lot which is an interior lot.
ZEO Zanarini went over his staff report for this application.
Mr. William Ricker spoke about conservation restrictions.
Chairman Steinbrecher asked if there were any questions or comments from the public pertaining to this application. The following person spoke.
Betty Perkowski
Anne Nalwalk
Chairman Steinbrecher asked if there was anyone from the public speaking in favor of this application. The following people spoke.
Betty Perkowski
Anne Nalwalk
Chairman Steinbrecher asked if there was anyone from the public speaking against this application. There were none.
MOTION by A. Brown, SECOND by W. Wilkinson to close the Public Hearing on application SPL #16-075. MOTION CARRIED UNANIMOUSLY
MOTION by A. Brown, SECOND by W. Wilkinson to amend the agenda to add Pending Applications to the agenda. MOTION CARRIED UNANIMOUSLY
5. PENDING APPLICATIONS:
A. SPP #16-068 Application of Bison Brook Farms, Inc., 141 Swantown Rd., Preston, CT 06365 for renewal of a Special Use Permit (#13-048) for Earth Excavation/Filling,
property of Bison Brook Farms, Inc. at property located at 42 Button Rd., approximately 2,500 feet north of the intersection of Northwest Corner Rd. and Button Rd., North Stonington, CT 06359 in an R-80 Zone. Tax Map #44, Parcel #6155
Seated: L. Steinbrecher, A. Brown, W. Wilkinson, P. Lewis
BONDING
MOTION by A. Brown, SECOND by W. Wilkinson to roll over the existing $50,000 bond from Special Permit #07-124 to the renewal of Special Permit #16-068. MOTION CARRIED UNANIMOUSLY
DECISION
MOTION by A. Brown, SECOND by W. Wilkinson to approve Special Permit #16-068, Application of Bison Brook Farm, Inc. for renewal of Special Permit #13-048 for Earth Excavation/Filling, property of Bison
Brook Farms, Inc. located at 42 Button Road, North Stonington, CT 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 between 8:00 a.m. and 5:00 p.m. and shall not be permitted on legal holidays or Sundays in accordance with North Stonington Regulations.
d. Review by town engineer may be required for future permit renewals based on staff review and level of activity.
FINDINGS
In addition to the conditions of approval, the following Findings for Approval are required based on the evidence submitted in the record:
1. That the application is materially in conformance with all applicable provisions of the Zoning Regulations, including, but not limited to, the Site Design Requirements in Chapter 11, and that the
standards for approval of any accompanying Site Plan have been met:
The Excavation application has demonstrated compliance with the submission requirements of the Zoning Regulations as shown in the public record.
2. That the transportation services would be adequate and that the uses would not cause traffic congestion or undue traffic generation that would have a deleterious effect on the welfare or the safety
of the motoring public:
The Excavation operation has demonstrated that approximately 30 truck trips (maximum capacity of 17 cubic yards) would be generated per day when excavating the estimated less than 20,000 cubic yard per year.
The Commission has previously found that this estimate will not cause undue harm or safety to the motoring public.
3. That the proposed uses and structures would be in harmony with the appropriate and orderly development of the zoning district in which they are proposed to be situated, and that the use(s) would
not be noxious, offensive, or detrimental to the area by reason of odors, fumes, dust, noise, vibrations, appearance, or other similar reasons:
Dust control measures have been evaluated and deemed sufficient, the hours of operation will be monitored and maintained and are respectful of the residential zone, the size of the parcel is adequate for excavation
purposes and will aid in blocking visual and audial nuisances to the public.
4. That no adverse effect would result to the character of the district, property values, or historic features of the immediate neighborhood:
The site has been utilized for earth excavation for over 27 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 agriculture operations. Neighbors have come to speak in favor of this application.
5. That the character of the immediate neighborhood would be preserved in terms of scale, density, intensity of use and architectural character:
There is no proposed change to the existing use and therefore no change to the immediate neighborhood.
6. That 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. That 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 Excavation project is a use allowed in the R-80 District with a Special Permit per the Zoning Regulations
MOTION CARRIED UNANIMOUSLY
B. SPL #16-075 Application of Hilaire Cote, 32 Clarks Falls Rd., N. Stonington, CT 06359 for an Interior Lot and the creation of a conservation lot on property
located at 32 Clarks Falls Rd. in an R-80 Zone. Tax Map #104, Parcel #8261.
(PH scheduled to open on 11/03/16; Received on 10/13/16 & PH must close on or by 12/07/16)
Seated: L. Steinbrecher, A. Brown, W. Wilkinson, P. Lewis
MOTION by A. Brown, SECOND by W. Wilkinson to approve Site Plan Application #16-075, Application of Hilaire Cote 32 Clarks Falls Rd., N. Stonington, CT for an Interior Building Lot and the creation of a
conservation lot on property located at 32 Clarks Falls Rd. with the following modifications:
1. Change the title of the plan for the creation of an Interior Building Lot and a Conservation parcel;
2. A note on the plan that the Conservation parcel is divided for conservation purposes and not for development purposes as per statue 8-24;
3. The area be incorporated for the Stephenson’s be combined into their existing lot and that it never become a separate parcel.
MOTION CARRIED UNANIMOUSLY
6.
PLANNING ISSUES & DISCUSSION:
7. SENIOR PLANNER & ZONING OFFICIAL’S REPORT/ISSUES:
Anne Nalwalk discussed sign violations with the Commission which included Yerrington’s Salvage Yard which has a box truck parked with their name on it, Holly Green and North Stonington Medical Walk-In with
banner flags and a Home Occupation located at 246 Mystic Road with an over-sized sign.
8. WORKSHOP:
JC Tetreault to discuss Farm Brewery regulations
Mr. Tetreault came before the Commission to discuss a possible Farm Brewery on East Clarks Falls Road. Mr. Tetreault gave a history of his current operations and possible plans for a Farm Brewery. The Commission
decided to eliminate the text amendment for Farm Brewery under new applications so Mr. Tetreault can work with the ZEO in drafting regulations beneficial to Mr. Tetreault and the Town.
RC #16-076 Application of the Town of North Stonington Planning & Zoning Commission, 40 Main Street, North Stonington, CT 06359 to modify Zoning Regulation pursuant
to Section 1034 for the following: Section 602 (Commercial & Industrial Use Chart); Section 706 (Incentive Housing Zone Overlay); Section 1001.3(D) (Farm Brewery); Section 1006.2(D) (Partial Exemptions for Excavation); Section 1006.3 (Excavation Application).
(Commission to receive on 11/03/16 & set for PH on or by 01/06/16)
11. NEW BUSINESS:
None
12. REVIEW MINUTES:
Review minutes of Regular Meeting of 10/13/16
The Commission accepted the minutes of 10/13/16 as written
13. ADJOURNMENT:
MOTION by W. Wilkinson, SECOND by A. Brown to adjourn the meeting at 9:10 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Planning & Zoning Office
