Called to order by Chairman Stanton Simm at 6:11 pm. Other commission members in attendance were B. Bell, B. Baldwin, S. Cole, J. Herbst, and S. Lyons. Members B. Dewire and J. Swenarton were absent.
Also present were Town Planner, Keith Byrnes, and 16 Stonington residents most of whom had come to speak for or against the Conservation Commission's proposal to swap land along Taugwonk Road which is presently zoned light industrial (LI-130) with land of similar size along route I-95 and Taugwonk Spur which is now zoned Green Belt Residential (GBR-130) [Application PZ0562ZC]. The draft agenda also noted that additional uses would be added in LI-130. A map accompanied the application delineating the parcels involved. This idea had surfaced during POCD discussions and was included in their final long range proposals for the Town of Stonington.
Lyons requested Byrnes to explain the staff recommendation, which was not a complete endorsement of the Commission's application. Byrnes explained that the state has a proposal for a truck weigh station on some of the land in question. It was noted by others that land across the highway is also under consideration and that there is a weigh station in Waterford that is seldom open. Wayne Robinson provided an enlarged map clarifying the location of the proposed weigh station on the north side of I-95. Speakers felt that the weigh station should not be the overbearing argument for or against the present proposal for a zone change.
The staff report also noted the town had submitted a request to the state stating that industrial activities located at the intersection of I-95 and Taugwonk Road should be changed from rural land to growth area, an ambiguity in its generality of wording.
Ed Hart, treasurer of the Uplands Association said the group has been interested in converting LI-130 to residential for 20 years. He is concerned about the location of the road into the proposed new light industrial land. He would want it close to I-95. He also spoke as an individual emphasizing the necessity of not rushing this application because residents have not had a chance to hear about and digest the proposed changes. It was explained that if the proposal were withdrawn and resubmitted an A-2 survey of all the properties would have to be taken, costing thousands of dollars.~There seem to be 19 properties involved and the cost might be $2,000 to $3,000 each. The hearing, scheduled for Tuesday, November 1, can be continued for a month with all residents allowed to speak pro or con at the meeting~and
a continuation. The P&Z Commission would then have 65 days to consider the application and could extend for another 65 days. As is being shown with another application in town at the moment, the hearing can be reopened at the discretion of the PZC.
Jack Guyol of Merry Meeting Farm on Taugwonk Road spoke in favor of the proposal as did Paul Holland, an uplands member and P&Z alternate.~ Guyol noted that the town does not get a large increase in the tax base through M-1, the former designation, or through LI-130.~ It was noted that the chance of getting sewage in the new light commercial zone is virtually nil.
Holland pointed out that the P&Z acts in a legislative capacity and can modify the application. The P&Z looks for~three~things -~POCD consistency, the character of the area involved, and the appropriateness of the swap.
Lyons questioned the sentence at the end of page 6-6,~"once the land to the east" indicating that first one change would be made, then the other. This sentence was taken verbatim from the POCD but the application and the consensus was that both zones should be changed concurrently.
George Robinson, a farmer all his life, owns the land next to I-95 and was unaware of the proposed zone change, though he has received the required mailing about the PZC hearing on November 1. He is content with the status quo. He does not want to change his back fields. The first 20 acres of his is a swamp, he said. He has asked the town for a farm use road as he could never afford to put a road in himself but the answer has always been no.~At first, Robinson emphasized that the area along Taugwonk Road has been zoned light industrial for 45 years. Many of the new houses have gone up within the last 20 years so the people were aware when they bought the land and built that the light industry might surround them.~There is no light industry except for two parcels, the old Haley Controls and
Dunklee.
Robinson noted that the Nichols land is land-locked though a road might unblock his property. Nichols was not in attendance. He is the owner of more than 100 acres which would be affected. Robinson owns 71 acres. An important factor seems to be that residences are not allowed in LI-130 and Stonington Zoning regulations do not allow use changes. However, it seems that variances have been used to allow potential residents to build houses in the currently zoned LI-130 zone.
At 7:20, Lyons excused herself until 9:15. Baldwin took over as Acting Secretary.
Jonathan Dunklee asked how the Commission will address making his property nonconforming. Randy Holt of Gemstonington said his property is now used as a warehouse and that any change in use would need town permission and would be a burden when obtaining new tenants. He is against the zone change. Wayne Robinson observed that the existing LI-130 zoning has acted to prevent houses from being built on Taugwonk Road. Jack Guyol said that Pfizer won’t do anything with its land for the next 25-30 years while they monitor test wells. He believes that eventually the land will go to open space or agricultural use. George Robinson said that Pfizer found high water levels in perc tests and that he maintains Pfizer’s property. Chairman Simm said that a group was looking to develop an industrial village 5-10 years ago in
the area. Jonathan Dunklee asked if his property might stay LI-130. Cole said that the zone change to residential might open more of Taugwonk Road to development. Bell said it is a point well taken that it might be a hardship to owners forced into nonconformity. Dora Hill said that spot zoning is when it is owner/parcel specific. The Conservation Commission made the following motions:
MOTION 1: The Conservation Commission originally thought that eliminating the three northern properties (70-1-1, 70-1-2, and 70-1-3) from the zone change from LI-130 to GBR-130 would be considered spot zoning, but after consultation with the Town Planner believes that it would not. After considering input from the public and property owners, the Conservation Commission would like to emphasize its flexibility and eliminate the three lots from the zone change. (Bell, Cole) Passed unanimously.
MOTION 2: Upon further review and input from property owners we believe that it is doubtful that any access could be achieved to the rear parcels (GBR-130 portion of 84-1-2, 61-1-1, 62-1-1, and 62-1-2). The Conservation Commission suggests that they remain zoned GBR-130. (Cole, Bell) Passed unanimously.
MOTION 3: The Conservation Commission believes that all of parcel 82-2-1 should be zoned GBR-130 due to the nature of the terrain and after input from the public and adjacent property owners. (Herbst, Bell) Passed unanimously.
The Conservation Commission asks that the PZC approve this application considering the above recommendations. George Robinson said that he had recently obtained access to the rear of his lot from Taugwonk Road, but that he would be unable to use the access for about 15 years.
Motion to move to item 2e. (Cole, Bell) Passed unanimously.
PZ0574SD& GPP Dean & Shirley Avery (Gary Winalski) – Application for a 3-lot subdivision (three 3 acre +/- lots) of a 10.00 acre parcel. Property located at 128 Wolf Neck Road, Stonington. Assessor’s PIN 142-2-1, Zone RR-80. The Conservation Commission recommends the set-aside. (Cole, Bell) Passed unanimously.
Items 2b and 2c will be considered at the Conservation Commission’s November 29, 2005 meeting. Item 2d: The Town Planner will submit the Conservation Commission’s previous comments for “Underutilized Zone.”
3. Open Space Committee.
Paul Holland Jr of the PZC is the temporary chair of the PZC’s open space committee which is studying open space set aside issues and the open space plan. Items to evaluate and achieve include:
· Evaluating the set-aside for subdivision regulations -- increase from 15% to 20%?
· Approval and adoption of the open space plan.
· Conservation developments
· Transfer of development rights
· Establish a land trust
Meeting at Town Hall Wednesday 3pm. Lynn Young of the PZC is a member. Keith Byrnes is a liaison. Looking for more members. The committee will meet every two weeks. Chairman Simm said that in the interest not reinventing the wheel perhaps the PZC should come to the open space portion of Conservation Commission meetings. Mr. Holland asked to have the Conservation Commission’s agendas distributed to him. Lyons will attend the meeting.
a. Open Space Plan available on town website.
b. Herbst described walk of 34 Anguilla Brook Road with Lyons and Bell. The owners contacted the Conservation Commission for preservation as open space. House currently for sale at $2.995M. One option might be carve out a 3 acre house lot and preserve that remainder. Grounds are “Town Park”-like. Owner requests a proposal from the town.
c. Meeting with Board of Selectmen, Alicia Betty of Trust for Public Land on Wednesday to get BOS approval of feasibility study of bonding for open space acquisition.
4. Old Business
a. Conservation Subdivision option – must see if Jason Vincent wishes to continue.
b. Mystic River “Duck” proposal is no longer active.
c. TPL feasibility study to begin soon.
5. New Business
a. Mystic River Dam Committee. Bell walked brook after heavy rain. Simm spoke with Lamperelli, landowner.
b. Conservation needs new book for minutes at Town Clerk’s office. Motion to approve Baldwin as temporary secretary with authorization to purchase the book (Bell, Cole) Passed unanimously.
c. State of Connecticut FOIA cards were distributed.
Motion to approve the minutes of 9/27/2005 with the addition of the date of the minutes approved at that meeting (8/30/2005).
Power blackout occurred. Motion to adjourn (Lyons). The meeting adjourned at 10:30pm.
Submitted by Ben Baldwin, Acting Secretary
Approved at a regular meeting of the Conservation Commission on November 29, 2005
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