Mary Lou Lange v. Planning and Zoning Commission of the Town of Greenwich et al. (2010)

RECTIFICATION OF RECORD

On January 6, 2009, the defendant, Commission, heard the application for a special permit and site plan approval to allow the expansion of a school, a new upper school building, additions/alterations to an existing classroom building, driveways, parking, utilities, recreational facilities and related site improvements, including driveway improvements on an easement area located on the property of the St. Agnes Roman Catholic Church Corp., and to permit the construction of a new synagogue building.   The public hearing closed about midnight on January 6, 2009 and the deliberations on the applications began about 12:15 a.m. on January 7, 2009.   It was agreed by both parties that after discussion the defendant, Planning & Zoning Commission voted to approve the applications.

Subsequently, it was discovered that the deliberations of the Commission in the early hours of January 7, 2009 were not recorded by a competent stenographer or recorded by a sound-recording device in violation of Section 8-7a of the Connecticut General Statutes.

Two weeks after the date of the approval, on January 20, 2009, the defendant Commission issued a written approval of the applications with conditions and requirements set forth therein.

The plaintiff, Mary Lou Lange, moved the court to rectify the record pursuant to Section 8-8 of the Connecticut General Statutes.   The defendants moved to have the court refer the matters back to the defendant, Commission, to redo the deliberations.   At the hearing on November 18, 2009, the defendants agreed to have the court rectify the record pursuant to Section 8-8(k).  The plaintiff claims that the ten conditions set forth in the written approval were proposed and added to the approval after the deliberations contrary to law (Floch v. Planning & Zoning Commission, 38 Conn.App. 171, 175 (1995)).

The court, after hearing the testimony and reviewing the exhibits, makes the following findings of fact.

On the application of Stanwich School, the Greenwich Reform Synagogue and the St. Agnes Roman Catholic Church Group Inc., Commission member Maitland moved to approve the final site plan and special permit with modifications which included the ten conditions challenged by the plaintiff, and the motion was seconded by Commission Heimbuch.   The motion was approved by the Commission 5-0.   The court further finds that the letter to Attorney Bruce Cohen from the Planning and Zoning-land use department consisting of eleven (11) pages signed on behalf of the Commission by Katie Blankley AICP, Deputy Director of Planning & Zoning, is the decision voted on in the early hours of January 7, 2009 and is incorporated into this reconstruction of the record as the decision and is an integral part of this rectification and is attached hereto as Exhibit I, the same number as the exhibit in the hearing.

THE COURT

By William J. Lavery, Judge Trial Referee

PLANNING AND ZONING-LAND USE DEPARTMENT

January 20, 2009

Bruce F. Cohen, Esquire

Fogarty Cohen Selby & Nemiroff LLC

88 Field Point Road

Greenwich, Connecticut 06830

Dear Mr. Cohen:

RE:  Application of Bruce F. Cohen, authorized agent, for record owners, The Stanwich School, Inc., (Lot A-2. Map 8042 GLR) (Owner/Applicant), and Greenwich Reform Synagogue, Inc., (Lot B, Map 6787 GLR) (Owner/Applicant), and The St. Agnes Roman Catholic Church Corp., (Owner;  Lot A-1. Map 8042 GLR) for final site plan/special permit, FSP # 3766 and SP # 3767, for the cooperative redevelopment by The Stanwich School, Inc., and Greenwich Reform Synagogue, Inc., of a consolidated 37+/- acre parcel to serve as a mixed-use campus for a K-12 school of The Stanwich School with a proposed enrollment cap of 750 students in buildings that together comprise 175,335 square feet (upper school, wastewater treatment plant, lower school, utility and storage rooms, and an existing caretaker's cottage and detached garage), and a new detached synagogue building for the Greenwich Reform Synagogue totaling 16,781 square feet, comprising a 280-seat sanctuary and an adjacent social hall, classrooms and administrative offices, with 323 proposed shared standard parking spaces inclusive of 7 handicapped spaces, and 60 non-striped parking spaces for overflow parking, and associated site improvements including two synthetic turf playing fields, drainage improvements, and driveway improvements on an easement located on property of The St. Agnes Roman Catholic Church Corp. at 247 Stanwich Road, pursuant to Sections 6-13 through 6-15, 6-17, 6-94, 6-101(a), and 6-205 of the Greenwich Building Zone Regulations, and pursuant to the Town of Greenwich Subdivision Regulations on properties that together comprise 37.2471 acres located at 257 Stanwich Road in the RA-2 zone as shown on architectural plans prepared by The SLAM Collaborative dated 11/06/08 and engineering plans prepared by Rocco V. D'Andrea dated 11/06/08.

Dear Mr. Cohen:

The Planning and Zoning Commission, at a public hearing held on January 6, 2009, considered the above referenced application and took the following action:

Upon a motion to approve the final site plan and special permit, made by Mr. Maitland and seconded by Mr. Heimbuch, the following resolution was unanimously adopted (Voting on this item:  Messrs.   Heller, Farricker, Heimbuch, Maitland, and Marches;);  and

Whereas the Commission held a public hearing on 1/6/09 and took all testimony required by law;  and

Whereas the applicant requested approval of a final site plan and special permit for the cooperative redevelopment by The Stanwich School, Inc., and Greenwich Reform Synagogue, Inc., of a consolidated 37+/- acre parcel to serve as a mixed-use campus for a K-12 school of The Stanwich School with a proposed enrollment cap of 750 students in buildings that together comprise 175,335 square feet (upper school, wastewater treatment plant, lower school, utility and storage rooms, and an existing caretaker's cottage and detached garage), and a new detached synagogue building for the Greenwich Reform Synagogue totaling 16,781 square feet, comprising a 280-seat sanctuary and an adjacent social hall, classrooms and administrative offices, with 323 proposed shared standard parking spaces inclusive of handicapped spaces, and 60 non-striped parking spaces. for overflow parking, and associated site improvements including two synthetic turf playing fields, drainage improvements, and driveway improvements on an easement located on property of The St. Agnes Roman Catholic Church Corp. at 247 Stanwich Road on properties that together comprise 37.2471 acres located at 257 Stanwich Road in the RA-2 zone;  and

Whereas the Commission finds that the applicant's proposal to use a blended FAR of .09 for non-profit religious institutions and a .15 FAR for non-profit educational institutions, per Section 6-205(a) and 6-205(a) Note 7(b) of the BZR, respectively is acceptable for the proposed mixed-use campus;  and

Whereas the proposed Upper School Building will be housed in a 3-story, “L” shaped building comprising 124,038 square feet and includes classrooms for Grades 7-12, a 364-seat auditorium, cafeteria, library, two-court gymnasium, mechanical and storage rooms and administrative offices and

Whereas the proposed Lower School will also be a 3-story building comprising the existing structure with a height of 39' 5” and the addition with a height of 34'.   The buildings together will total 46,419 square feet and will support Kindergarten through Grade 6;  and

Whereas the proposed synagogue is proposed as a two-story building of 16,781 square feet and includes a 280-seat sanctuary and an adjacent social hall with a seating capacity of 240 people.   It also includes administrative offices, a catering kitchen, classrooms and a library;  and

Whereas the wastewater treatment facility is proposed as a two-story, 2,583 square foot building.   The existing residence/caretaker's cottage is 1,794 square feet and the existing garage is 501 square feet;  and

Whereas the Traffic Studies performed by Adler Consulting and accepted by DPW-Traffic, were based on student populations as follows:

1. St. Agnes Nursery School-0 Students

2. Stanwich Proposed Upper School (Grades 7-12)-365 Students;  and

3. Stanwich Lower School (Grades K-6)-385 Students.

Whereas by agreement, St. Agnes will close its pre-school after the 2009-2010 school year, at which time Stanwich will assume rights to the 60 students under the PZBA-approved enrollment cap.   Based on data collected at the Stanwich campus and St. Catherine's campus at peak arrival and dismissal hours, Church and synagogue-related traffic and key intersections on Stanwich Road, the Peak AM, PM and midday Friday hours were determined to be as follows:

Peak AM School Hour:  7:15 to 8:15 a.m.

Peak PM School Hour:  3:45 to 4:45 p.m.

Peak Friday Midday School Hour:  12:00 to 1:00 p.m.

Whereas as stated in Adler Consulting's Letter Report dated February 7, 2008 nearly eighty-five (85%) of Stanwich students are Town of Greenwich residents and approximately sixty percent (60%) are signed up to ride the bus.   In February of 2003 approximately thirty percent (30%) of Stanwich students rode the bus on a given day, with this percentage increasing to thirty-nine percent (39%) based on counts done in October of 2008;  and

Whereas The Stanwich School Parent Association formed the Traffic and Transportation Committee to research transportation use at the school and work with parents to develop creative solutions to increasing bus ridership and carpooling.   On Tuesday October 21, 2008, a survey of students arriving at Stanwich School recorded that, aside from the 39% of the student body that was riding the bus, 13% were carpooling, equating to a combination of 52% of the Stanwich population either riding the bus or carpooling on a given day;  and

Whereas the Commission finds that the School should continue the Traffic and Transportation Committee, or similar entity, to continue encouraging bus ridership and carpooling and shall submit a written progress Report to the Planning and Zoning Commission on an annual basis;  and

Whereas projected maximum daily parking demands, as well as the maximum parking demand for events were determined by Adler Consulting based on the following:

1) A proposed enrollment cap of 750 students, none of which will be permitted to park on the site;

2) A daily anticipated school parking demand of 150 Faculty and Staff, inclusive of Custodial Staff;

3) Daily religious and administrative staff parking demand for the Synagogue of approximately 5.

4) Estimated visitor parking requirements experienced at the current Stanwich and Synagogue facilities;

a.  Total Estimated Number of Visitors Concurrently, Synagogue:  5

b. Total Estimated Number of Visitors Concurrently, Stanwich:  30

5) Parking surveys conducted over the past several years by Adler Consulting of events at other similar Greenwich institutions;  and

Whereas the Commission notes that the maximum daily parking demand by Stanwich of 185 parked vehicles was projected on site, and an additional five (5) vehicles by GRS. The proposed parking plan includes 263 proposed shared standard parking spaces, inclusive of 7 handicapped spaces, and 60 non-striped parking spaces for overflow parking.   There are also twenty-eight (28) striped, paved parking spaces provided on the St. Agnes property.   On the western side of the St Agnes site, there is a grass field which can accommodate an additional sixty-three (63) vehicles.   All ninety-one (91) spaces are available to Stanwich on a limited basis, as the church and the school will continue their practice of shared parking for major events.   St. Agnes and Stanwich have prepared a Modified Easement Agreement which stipulates that the parties will “cooperate in good faith to share parking facilities on a limited basis to accommodate overflow parking for the following special events:  Graduation Day (for Stanwich's benefit) and Christmas and Easter (for St. Agnes's benefit).”   Furthermore, should St. Agnes increase the number of its on-site parking spaces in the future, these spaces will also be available to Stanwich for its use on Graduation Day;  and

Whereas the Commission finds that the parking is adequate pursuant to Section 6-158 and further meets the standards of Section 6-15 and Section 6-17 of the Town Of Greenwich Building Zone Regulations;  and

Whereas the Commission further finds that the applicant has agreed to following:

1) Stanwich will not permit any students to drive to school and no student parking permits will be issued and that with the simultaneous yet separate operation of the individual houses of the Upper and Lower Schools.

2) Based on the review of the parking surveys at the existing Lower School, it is projected that there will be a maximum daily parking demand of 185 parked vehicles for visitors, faculty and staff.   When the School holds events such as concerts or parent/teacher meetings, all 263 parking spaces (inclusive of the 10 GRS spaces) and possibly the 50 overflow spaces will be needed.   This would provide for a maximum of 323 vehicles.   Stanwich has an arrangement with the neighboring property (St. Agnes at 247 Stanwich Road) to allow them to use the School parking for Christmas and Easter for overflow parking and likewise the School has permission to use the property of St. Agnes for overflow parking during graduation.

3) Segregation of bus drop-off and pick-up operations from drop-off and pick-up cars.   The bus drop-off and pick-up operations will occur to the north of the Upper School in a designated bus area, with capacity to accommodate live (5) full size buses.   Additionally, a raised island will physically separate bus and car traffic to allow students to board the buses while cars use the driveway to the west;

4) A traffic management plan at school dismissal times for each school division, including ‘the following queue storage capacity:

Max. Projected# Queue Length

Queued Cars Provided

1. Primary House:  47 1030 Feet

2. Intermediate House:  47 1030 Feet

3. Junior House:  43 950 Feet

4. Senior House:  43 950 Feet

5) Queue requirements for the peak morning drop-off hours are less for all school divisions, as drop-off operations take place wore quickly.   Primary House Cars will queue up along the drive aisles in the parking lot located on the north side of the building entrance, and students discharged or loaded into waiting cars under the supervision of Stanwich personnel.   These cars will then exit the site using the main driveway.   Intermediate House cars will queue up from the Intermediate House entrance down along the inside (east) side of the main driveway.   Upper School cars will queue in the oval in front of the Upper School and along the Upper School driveway.

6) Overflow queue storage areas, although not expected to be needed, have been identified as follows:

Primary House-overflow vehicles can be directed to use the Junior/Senior House queue storage area since dismissal at that location first occurs 45 minutes after dismissal at the Primary house and there will be ample capacity to accommodate any vehicles necessary without impinging on Junior/Senior House activities;

Intermediate House-overflow vehicles can be directed to queue in two lanes through the north parking lot in front of the Primary House since dismissal will have occurred at that location first occurs 30 minutes earlier and there will be ample capacity to accommodate any vehicles necessary without impinging on Primary House activities;

Junior House-overflow vehicles can be directed to use the Primary House queue storage area since dismissal at that location occurs 45 minutes earlier and there will be ample capacity to accommodate any vehicle necessary without impinging on Primary House activities;

Senior House-overflow vehicles can be directed to use the Intermediate House queue storage area since dismissal at that location occurs 45 minutes earlier and there will be ample capacity to accommodate any vehicles necessary without impinging on Intermediate House activities;

All Houses-overflow vehicles from all houses can further be directed to use the parking lot at the north end of the west playing field where there will be additional capacity to accommodate waiting vehicles without impinging on the main GRS driveway,

During pickup times at the Upper School, sawhorses will be placed at the south end of the parking lot to preclude parents from using the St. Agnes driveway as a short-cut.   Based on the above, it is Adler's finding that the proposed site plan provides for safe and efficient student drop-off and pick-up operations;

Staggering of arrival and departure times for all school divisions-Primary House, Intermediate House, Junior House and Senior House-by at least 15 minutes, so that they are not co-incidental are recommended to mitigate any identified traffic impacts on Stanwich Road. The student arrival and departure schedule prepared in direct consultation with Adler Consulting is:

School House Weekday Arrival Monday-Thursday Friday Dismissal Dismissal

Lower Primary 8:20 a.m. 3:15 p.m. 12:00 p.m.

Intermediate 8:05 a.m. 3:45 p.m. 12:30 p.m.

Upper Junior 7:30 a.m. 4:00 p.m. 12:45 p.m.

Senior 7:45 a.m. 4:30 p.m. 2:00 p.m.

7) An off-duty police officer continue to be stationed to direct traffic at the main Stanwich driveway during the morning and afternoon peak periods, as well as during major events, during the construction phase and upon completion of the proposed improvements,

8) Construct a northbound right-turn lane on Stanwich Road at the main Stanwich Driveway.

9) To achieve a minimum sightline of 250 feet from the St. Agnes/Stanwich, and GRS/Stanwich shared driveways to meet the sightline standards for “local” streets (the classification that would apply to the site driveways) per the Town's Roadway Design Manual, trees along the property's frontage will be removed to achieve minimum sightlines of 300 feet in both directions at both driveways, which is 50 feet more than the standard for a “collector” road, as authorized by the Town Tree Warden.

10) To reduce speed in the vicinity of the School, the Applicant will implement a SCHOOL REDUCED SPEED ZONE. Applicable signing and striping, as suggested by the Town Traffic Engineer, will be implemented.

Whereas two synthetic turf fields are proposed and where the west field (in front of the Upper School) will be designed for soccer and field hockey and the east field (northerly portion of the site) will be designed for football and lacrosse;  and

Whereas the Commission finds that there shall be no lights on these fields as they are inappropriate and intrusive for the character of the surrounding residential neighborhood in the RA-2 zone;  and

Whereas each field will have a scoreboard, there will not be may permanent bleachers installed at either playing field and a seating wall is provided at the western side of the east playing field, as well as seating walls on the eastern slope of the west playing field.   These may be supplemented by portable benches;  and

Whereas the playing fields will be constructed of an organic or synthetic infill material and the applicant submitted documentation from the Connecticut Department of Public Health that concludes “Based upon the current evidence, a public health risk appears unlikely.   However, there is still uncertainty and additional investigation is warranted ․ DPH's review does not find any reason to stop installation of these fields (artificial turf fields);” and

Whereas the applicant represented that the material used for the turf is safe and should evidence be found to the contrary the fields will be de-commissioned and replaced with a safe material;  and

Whereas the Commission notes the proposed west playing field is located 55+/-feet south of the wetland situated on the north side of the existing main driveway and the applicant proposed directing a portion of the stormwater collected from the fields underdrains as well as roof drainage from the Lower School to this wetland as part of a restoration plan described in the Ecological Assessment Report prepared by William Kenny Associates submitted in support of these applications;  and

Whereas the percent Building Coverage is 5.7%, the total impervious coverage is 20.7%. If the synthetic turf fields are added to the total impervious cover, that percentage increases to 30%;  and

Whereas the project engineer prepared a storm water drainage plan that will either maintain or decrease peak flow rates of stormwater runoff that drains off the site to adjoining residential properties, Cat Rock Road and Stanwich Road. The Drainage Summary Report dated 11/6/2008 prepared by Rocco V. D'Andrea, Inc., describes a stormwater plan that includes the construction and implementation of numerous stormwater pre-treatment techniques such as subsurface “first flush” retention systems and on-site surface retention/detention areas with “first flush” bioretention wetland stormwater treatment forebay areas.   There are two stormwater remediation areas that will be constructed in the western portion of the site.   The detention basin set in the higher elevation will, overflow to the lower detention basin that will overflow to the existing storm drainage system in Stanwich Road. The stormwater management plan will control runoff by collecting and treating stormwater on-site, maintaining existing drainage patterns, improving them where appropriate and hydrating wetland resource areas as well as rehydrating the existing drained wetlands (northeastern wetlands);  and

Whereas treatment of the stormwater runoff is described in the Drainage Summary Reports to have incorporated features of “Low Impact Design” (LID) and “Best Management Practices” (BMP) for controlling pollution from non-point sources as outlined in the Connecticut Stormwater Quality Manual developed by the Connecticut Department of Environmental Protection.   This will consist of collecting stormwater in catch basins and yard drains equipped with deep sumps and debris traps to assist in removing sediment and floatables, which will be subject to a proposed maintenance program to include yearly cleanings.   Subsurface treatment retention systems will be used to assist in groundwater recharging, thermal attenuation, and help remove oils and suspended solids from the runoff before it is discharged into wetlands or watercourses.   Lastly riprap splash pads will be used to reduce discharge velocities to prevent erosion;  and

Whereas a wastewater treatment facility (WWTF) is proposed.   Excess treated effluent not recycled back to the buildings will be pumped to the leaching field, fields proposed under the parking area adjacent to the northern playing field, where it will be further renovated by flowing through the leaching field soil.   Any excess runoff from the leaching field will be discharged to the northern end of Wetland I (central wetland).   The Commission notes that the State of Connecticut Department of Environmental Protection has issued a letter of feasibility for this location although a permit is still required and the Town Of Greenwich Inland Wetlands and Watercourses Agency has approved this location;  and

Whereas the treated wastewater will be recycled and used to supply toilets at the school and the synagogue.   It is estimated that 45 percent of the treated water from the WWTF plant will be recycled as gray water back into all of the classroom buildings for use as flush water, and approximately 75 percent to the new synagogue building also for use as flush water, thereby reducing the excess discharge to the disposal field to approximately 7,100 gallons per day.   Because this system requires redundancy, it will be equipped with an alarm system and a back-up generator to insure operation during a power outage.   This system has been designed to handle the School buildings, Synagogue, and caretakers cottage all at full capacity;  and

Whereas the applicant secured an agreement with the Aquarion Water Company to supply public water to this site by extending the existing Town water supply line from its present terminus on Hill Road to the property, which eliminates the need to use wells to serve the property.   The proposed water line will be extended approximately 2,260+/- feet, from Hill Road to the school's main driveway and will include the installation of two (2) new fire hydrants along Stanwich Road, in locations to be determined in conjunction with the Fire Department;  and

Whereas nearly the entire site, with exception of the wetland and conservation areas, will be disturbed and regraded.   There will extensive cutting and filling of the topography, which will require extension retaining walls.   The estimated excess material that would require export from the site is estimated to be around 8,566 cubic yards.   A tri-axle truck hauls approximately 18 cubic yards of materials therefore approximately 476 truck trips will be required during the course of the construction;  and

Whereas the applicant has submitted an extensive landscaping plan that details the range of screening to be provided in addition to wetland enhancement plantings.   Furthermore, the School intends to implement organic lawn care practices in accordance with 2007 Public Act No. 07-168 as described in the Ecological Assessment Report prepared by William Kenny Associated LLC dated 8/22/07;  and

Whereas the project engineer has prepared an extensive soil and erosion control plan and construction phasing plan.   Erosion and sediment will not be allowed to intrude on adjacent properties or into wetland areas during construction.   The Construction phasing plan describes how the School can continue operating the Lower School, phase in new buildings and uses as they are constructed, manage parking for the School and the Synagogue and manage construction parking and traffic during an anticipated 56-month construction time-line broken into Thirteen Phases;  and

Whereas a Phase I Environmental Site Assessment was prepared for the School by Hygenix, Inc., who identified contamination in the existing wood roads (cindered roads) that been constructed by the former Dommerich Estate by filling shallow road beds with laid-in stone, coal, ash and foundry slag.   These wood roads were found to be high in arsenic.   Hygenix, Inc., recommends removing this material and replacing it with native material excavated and processed from construction activities on site;  and

Whereas a Phase 1A and 1B Cultural Resources Survey, prepared by Historical Perspectives, Inc., was also submitted for the Record;  and

Whereas the Commission notes that the Inland Wetlands and Watercourses Agency issued, with conditions, Permit # 2007-142 evidencing that the proposed activities would not result in any adverse impacts to inland wetlands or watercourses and subsequently, on June 13, 2008, the IWWA issued a Modification to Permit # 2007-142 to account for the relocation of the leaching field to its present location under the proposed parking area, relocation of retaining walls and the enlargement of the proposed Conservation Area and Conservations Easement Area;  and

Whereas on July 9, 2008, the Planning and Zoning Board of Appeals granted Appeal No. 9516 for special exception approval for the proposed site improvements.   In addition, included in this approval was the authorization to modify conditions of PZBA Appeal No. 3932, issued in 1963 to the Bridgeport Roman Catholic Diocesan Corporation, on land now comprising the GRS property, Stanwich property, and property of St. Agnes, to:  a) Increase to enrollment cap from 600 to 750 students;  b) Eliminate the restriction that the student body be limited to residents of the Town of Greenwich or students that have graduated from a Greenwich public or private school;  and c) To permit interscholastic sports play on the site.  Appeal No. 9516 was granted with the following six (6) conditions:

1) A new right turn traffic lane at the school entrance for northbound traffic on Stanwich Road is required.

2) Adequate traffic control, particularly at morning arrival and afternoon dismissal hours, is to be provided by off-duty police officers.   Such traffic control shall also be provided as necessary during events on campus that generate significant traffic.

3) There will be no student activity on the campus from July first until the start of the next academic calendar year.

4) The student enrollment previously limited to 600 students (Appeal 3932, 1963) is increased to a total of 750 students for the combined enrollment of the Stanwich School, The Greenwich Reform Synagogue, and St. Agnes Church.

5) The previously approved condition 4 in Appeal No. 3932, is eliminated, no longer restricting enrolled students to be Greenwich residents.

6.) The previously approved condition 7 in Appeal No. 3932, is eliminated, no longer limiting athletic events to intramural games.

Whereas the Planning and Zoning Board of Appeals, on September 10, 2008 (Appeal No. 9600), modified condition No. 2 to read “2. Adequate traffic control, particularly at morning arrival and afternoon dismissal hours, is to be provided by the school utilizing off-duty Greenwich police officers (as opposed to Greenwich Police).   Such traffic control shall also be provided as necessary during events on campus that generate significant traffic”;  and

Whereas on September 3, 2008, October 1, 2008, October 28, 2008 and December 3, 2008 the Architectural Review Committee reviewed the architectural, landscaping and proposed site lighting for the site and issued approval and the applicant must submit to the ARC a list of the finalize building materials and colors.   As required per:  Section 6-153 of the Building Zone Regulations, a photometric plan has been submitted that shows all perimeter lighting is below one-tenth (0.1) footcandles at all points along the property line;  and

Whereas on December 4, 2008 the Conservation Commission approved the project;  and

Whereas the Commission finds that Deer browse can be a problem, particularly for some evergreen species, and this should be considered because the plantings have to be maintained in healthy growing condition;  and

Whereas the Commission notes that the applicant is encouraged to continue to work towards LEED certification for the site;  and

Whereas the Connecticut Department of Environmental Protection (“CTDEP”) has jurisdiction over the approval and licensing of wastewater treatment plants in the State of Connecticut and the Commission notes that in their letter dated April 3, 2008, the CTDEP stated that “based on the additional site testing performed as well as consideration of all local commission concerns, it is the Department's opinion that the system proposed will meet the minimum criteria required by the Department and as such considers this project technically feasible ․”;  and

Whereas on June 6, 2008, the United States Army Corps of Engineers (USACE) authorized the School to proceed with its proposal to disturb up to 550 square feet of federally delineated wetlands for the construction of an access road, upgrade of an existing woods road and installation of concrete boardwalk footings, under Category 1 of the Programmatic General Permit.   Additionally, in letters dated July 7, 2008 and October 10, 2008, the USACE determined that Wetland 4 and Wetland 7, respectively, are not federally regulated wetlands and therefore proposed activities in these areas do not require USACE authorization;  and

Whereas the Commission notes comments from the Zoning Enforcement Officer dated 1/3/08, DPW-Traffic dated 3/3/08 and 1/2/08, Conservation dated 6/11/08 and 2/21/08, DPW-Engineering dated 6/26/08.   Fire Marshall dated 7/14/08, Health Department dated 12/17/07 and 8/31/08, and the Town Tree Warden dated 10/27/08;  and

Whereas the Commission finds that the applicant has made very significant effort to re-design the building so as to emphasize the horizontal as opposed to the vertical, which reduced the visual impact of the structure;  and

Whereas the Commission further finds this property has been used as a School for over 40 years and that the significant open space that has been set aside buffers the neighborhood from the increased improvements on the site;  and

Whereas the Commission finds that the project is in compliance with the setbacks, height restrictions, and Floor Area Ratio of the RA-2 zone pursuant to Section 6-205;  and

Whereas the Commission finds that this proposal complies with Sections 6-13 through 6-15, 6-17 (site plan, special permit standards) 6-94 (Special exception), 6-101(a), 6-158 (parking), 6-151 and 6-153 (lighting) and Division 17-Screening and Planting, Division 18-Site Plans, and 6-205 of the Greenwich Building Zone Regulations;

THEREFORE BE IT RESOLVED that Application of Bruce F. Cohen, authorized agent, for record owners.   The Stanwich School, Inc., (Lot A-2, Map 8042 GLR) (Owner/Applicant), and Greenwich Reform Synagogue, Inc., (Lot B, Map 6787 GLR) (Owner/Applicant), and The St. Agnes Roman Catholic Church Corp., (Owner;  Lot A-1, Map 8042 GLR) for a final site plan/special permit, FSP # 3766 and SP # 3767, for the cooperative redevelopment by The Stanwich School, Inc., and Greenwich Reform Synagogue, Inc., of a consolidated 37+/- acre parcel to serve as a mixed-use campus for a K-12 school of The Stanwich School with a proposed enrollment cap of 750 students in buildings that together comprise 175,335 square feet (upper school, wastewater treatment plant, lower school, utility and storage rooms, and an existing caretaker's cottage and detached garage), and a new detached synagogue building for the Greenwich Reform Synagogue totaling 16,781 square feet, comprising a 280-seat sanctuary and an adjacent social hall, classrooms and administrative offices, with 323 proposed shared standard parking spaces inclusive of 7 handicapped spaces, and 60 non-striped parking spaces for overflow parking, and associated site improvements including two synthetic turf playing fields, drainage improvements, and driveway improvements on an easement located on property of The St. Agnes Roman Catholic Church Corp. at 247 Stanwich Road, pursuant to Sections 6-13 through 6-15, 6-17, 6-94, 6-101(a), and 6-205 of the Greenwich Building Zone Regulations, and pursuant to the Town of Greenwich Subdivision Regulations on properties that together comprise 37.2471 acres located at 257 Stanwich Road in the RA-2 zone as shown on architectural plans prepared by The SLAM Collaborative dated 11/06/08 and engineering plans prepared by Rocco V. D'Andrea dated 11/06/08 is hereby approved with modifications.

In accordance with Section 6-14.1(e) of the Building Zone Regulations of the Town of Greenwich and Section 8-3(i) of the Connecticut General Statues, construction in connection with this site plan must start within three years, and all work must be completed within five years, of the following date of approval:  1/6/09.

Prior to Building Permit Sign-off by P & Z the following is required:

1) A bond shall be submitted for the plantings for at least a three-year period.

2) The applicant shall continue the Traffic and Transportation Committee, or similar entity, to continue encouraging bus ridership and carpooling and shall submit a written progress Report to the Planning and Zoning Commission and the Town Italic on an annual basis.

3) The rear yard setbacks shall be shown from the conservation area (not including the easement area), and not from the original rear property line.

4) The architectural floor plans for the Lower School shall contain the same break-out of classroom space as the upper School floor plans.

5) The applicant must obtain the final permit from the DEP and it shall be submitted to Planning and Zoning.

6) The easement agreement between the School and the Synagogue and St. Agnes shall be submitted.

7) The following notes shall be added to the final site plan:

a.  The athletic fields shall not be lighted

b. There shall be no students permitted to drive to School for any functions.

c. A maintenance agreement for all drainage ditches and facilities on the site shall be submitted for review and approval by the Department of Public Works Division of Engineering in order to assure to routine cleaning and maintain free flow.   Subsequent to review, the plan shall be filed on the Land Records and noted on the site plan.

d. Reference shall also be made to the wetland permit, the Zoning Board of Appeals special exception approval, and the decision of the Planning and Zoning Commission

e.  All screening shall he properly maintained to remain effective.

f. There is an enrollment cap of 750 students.

g. Stanwich will not permit any students to drive to school and no student parking permits will be issued.

h. An off-duty police officer continue to be stationed to direct traffic at the main Stanwich driveway during the morning and afternoon peak periods, as well as during major events, during the construction phase and upon completion of the proposed improvements.

i. Construct a northbound right-turn lane on Stanwich Road at the main Stanwich Driveway.

Sincerely,

Katie Blankley, AICP

Deputy Director of Planning and Zoning

cc:  James Maloney

Garo Garabedian

John Wetmore

Joe Benoit

Rob Farfaglia

Scott Marucci

Denise Savageau

Lavery, William J., J.T.R.