Borough of Newtown
Zoning Commission
Newtown, Connecticut
Minutes of the Meeting of March 11, 2009
Minutes of the Meeting of the Borough of Newtown Zoning Commission on Wednesday, March 11, 2009 at the Borough Room, Town Hall South, 3 Main Street, Newtown, Connecticut. Chairman Linda Shepard called the meeting to order at 7:20 p.m.
Present: Linda Shepard, Douglas Nelson, David Francis, Brid Craddock and Alternate: Palmer Chiappetta. Also Present: Borough Attorney Donald Mitchell.
Absent: Lucy Sullivan and Borough Coordinator Jean St. Jean.
Public Hearing:
Application of My Place Inc. to revise Section 4.10C.6 to include restaurants with outdoor service but without drive through service in a shopping center.
Chairman Shepard opened the public hearing at 7:21 p.m. Mark Tambascio of 30 Edgelake Drive, Sandy Hook, co-owner of My Place spoke. He asked that since their attorney was not present at that moment the matter be tabled until he arrived.
Ms. Craddock made a motion to accept the minutes of the meeting of January 14, 2009 and February 11, 2009, seconded by Mr. Nelson and the motion was carried unanimously.
New Business:
a. Any new proposed signs – None
b. Acceptance of any new applications - None
c. Any other new business – None
Old Business:
a. CPCI, LLC – Request to grant extension of Special Permit, Site Plan and Village District approvals granted on 01.14.08 in connection with property located at 47Church Hill Road, Newtown – The applicant’s attorney, James White of Pullman & Comley, LLC was present to discuss the applicant’s request to grant extensions, to the maximum extent permitted under the Borough’s zoning regulations, of the Special Permit, Site Plan and Village District approvals that were granted by the Commission on January 14, 2008. Attorney White stated that CPCI, LLC had to make three applications to the STC regarding curb cut and they just got approval. CPCI, LLC now needs to submit revised drainage plans because of the curb cut approval. Attorney White stated that the
Borough’s zoning regulations do not provide for an expiration date of the Village District approval. The regulations state that site plan approvals can be extended for six (6) months and special exception approvals for one (1) year. Mr. Francis made a motion that the site plan and special exception approvals be extended for the maximum amount allowed under the Borough’s zoning regulations, seconded by Mr. Nelson and the vote was as follows:
Linda Shepard Yes
David Francis Yes
Doug Nelson Yes
Brid Craddock Yes
Palmer Chiappetta Yes
The site plan approval was extended to September 11, 2009 and the special exception approval was extended to January 9, 2010.
Chairman Shepard continued the public hearing for My Place since Attorney Hugh Lavery arrived. He introduced himself as attorney for My Place representing the owners, Mark Tambascio, Louise Tambascio and John Tambascio. Their proposed change to Section 4.10C.6 will allow outdoor dining in a shopping center only. Mr. John Tambascio stated that there would be no access to the patio from the outside. A patron would have to come into the restaurant in order to be seated on the patio. He said they would anticipate using the patio for three seasons depending on the weather. Liquor would be served on the patio but need a patio permit from the State Liquor Commission. There will be no parking spaces lost.
Chairman Shepard asked if there was any one to speak in favor of this application. Mary Beth Rapice, a member of the family that owns the shopping center, stated she was in favor of this application. There was no one to speak against the application. Chairman Shepard closed the hearing.
Discussion took place regarding this application. The members discussed the meaning of Section 30-22 of the Connecticut General Statutes. Further discussion took place about modifying the proposed change to the regulation to include the following two conditions:
That the special exception to allow outdoor dining be limited to restaurants that carry a Restaurant Permit issued in accord with §30-22 of the General Statutes; and
That the allowed use be conditioned upon the outdoor dining area being fully enclosed by means of a wall or fence to ensure, to the extent practicable, that the outdoor dining area would be accessible only through the enclosed restaurant area.
Further discussion took place. It was noted by a commission member that both shopping centers in the Borough are located in the Village District and that any outdoor dining area would then be subject to the district's design regulations if the area was visible from a street and entailed any kind of substantial construction or reconstruction, which would help to assure the aesthetic quality of approved outdoor dining areas and thereby serve the ends of the district's design regulations.
It was also discussed that limiting outdoor dining facilities to applicants that had a Restaurant Permit would implicitly require that the applicant had certain minimum financial and business qualifications and was also subject to oversight by other governmental agencies sufficient to give greater assurance that the applicant would comply with public safety concerns.
Mr. Nelson made a motion that the application of My Place Inc. to revise Section 4.10C.6 be approved with modifications and an effective date of March 30, 2009, and it shall read as follows:
"In addition to the uses permitted in a Business Building, a shopping center may contain laundromats, drycleaners and restaurants with outdoor service provided that such restaurant holds a Restaurant Permit in accord with the provisions of Section 30-22 of the General Statutes as amended from time to time, and provided further that such outdoor dining area be enclosed by a permanent wall or fence sufficient to reasonably ensure that access thereto is accessible only through the enclosed restaurant area."
The motion was seconded by Ms. Craddock. Further discussion took place. Comments by the Borough’s staff were that outdoor dining facilities would serve to promote the goals of the Plan of Development and the Village District regulations to facilitate and encourage pedestrian traffic in the business area of the Borough. Further comments made were that the proposal, as amended, was consistent with the Plan of Development and the comprehensive zoning plan.
The motion was carried unanimously and the vote was:
Linda Shepard Yes
David Francis Yes
Doug Nelson Yes
Brid Craddock Yes
Palmer Chiappetta Yes
There being no other business to transact the meeting was adjourned at 8:45 p.m. The next meeting is scheduled for April 8, 2009.
Respectfully submitted,
David Francis, Secretary
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