Borough of Newtown
Zoning Commission
Newtown, Connecticut
Minutes of the Meeting of July 8, 2009
Minutes of the Meeting of the Borough of Newtown Zoning Commission on Wednesday, July 8, 2009 at the Borough Room, Town Hall South, 3 Main Street, Newtown, Connecticut. Chairman Linda Shepard called the meeting to order at 7:25 p.m.
Present: Linda Shepard, Douglas Nelson, David Francis and Alternate: Palmer Chiappetta. Also Present: Zoning Enforcement Officer Jean St. Jean and Borough Attorney Donald Mitchell.
Absent: Brid Craddock and Lucy Sullivan.
Public Hearing:
Application of CPCI, LLC to revise Sections 8.04(I) and 10.00(K) of the Borough zoning regulations to bring these regulations into conformance with one another.
Chairman Shepard opened the public hearing and read the legal notice. She informed the applicant’s attorney that there were only four commission members present and Attorney White confirmed that it was okay for the commission to go forward on his client’s application with only four members present.
Mr. Francis read into the record the letter from Newtown Planning and Zoning Commission dated May 22, 2009.
Attorney Jim White introduced himself and was representing the applicant, CPCI, LLC. He said that the site plan approval was more restrictive than the special exception approval. His proposed language to Sections 8.04(I) and 10.00(K) was to bring the site plan approval to be the same as the special permit approval. He went on to explain about the four year extension. He said subdivision and wetlands approvals are normally 5 year permits, hence the reason for the four one-year extension.
Roger Snelling of CPCI, LLC was present at the hearing and said that financial considerations are also a consideration in approvals. He said state bureaucracy created problems for his project with the curb cuts.
Mr. Nelson asked if state approvals can be gotten before Borough approval of projects. Attorney White said no.
Discussion took place regarding the STC and their change in CPCI’s projects.
Chairman Shepard asked if there was any one to speak in favor or against this application. There was no one. The public hearing was closed at 7:45 p.m
Public Hearing:
Application of Young Properties, LLC for site development plan, special exception and village district approvals for construction of an addition to the existing building on property located at 25 Church Hill Road, Newtown, CT.
Chairman Shepard opened the public hearing at 7:45 p.m. and read the legal notice.
Mr. Francis read into the record letters from the following:
1. Fire Marshal Bill Halstead;
2. Borough Engineer Ron Bolmer;
3. Conservation Official Rob Sibley;
4. Newtown Planning and Zoning Commission;
5. Newtown Health Dept.; and
6. Chief of Police Michael Kehoe.
Dr. Joseph Young, the applicant, stated that he has an optometric practice in the Big Y shopping center. Because of his patient load and diagnostic equipment, he bought the building at 25 Church Hill Road which is where he wants to move his practice to.
Jonathan Kost, architect of 46 Walnut Tree Hill Road, Sandy Hook, presented the applications on behalf of the applicant, Young Properties, LLC. He stated that the building is a 1920’s building with 1920’s architecture. They want to add a 2,050 square foot 1½ story addition to the back of the building. The entrance in the rear of the building and the handicap ramp will be reworked. The addition will be occupied by Dr. Young. The addition will keep in tune with the original building. They also plan to upgrade the front of the building by adding decorative trim and a new gable to the front door. Mr. Kost said it will add more character.
The addition will be wood shingle with asphalt roof. Mr. Kost said that the main entrance to the building will be at the rear of the building.
Mr. Steven Trinkaus, Professional Engineer, of 114 Hunters Ridge Road, Southbury then spoke. He said they would continue the sidewalk across the driveway. Reserved parking will be on pvc pavers. They agreed they would widen it to 20’ per Mr. Bolmer’s letter.
Mr. Trinkaus said if future parking is needed will use where the septic system was originally. The property is on sewers.
Mr. Dean, the landscape architect, spoke about the trees on the border of the property and that they would be cleaned up. He said the existing foundation plantings would be transplanted to the back of the building. He said they would plant native and ornamental plantings around the building.
With regard to the lighting there will be one pole light and location will be per Borough standards. The existing lights in the parking lot will be removed and instead they will use the same light as the pole light except smaller pole. As to the building lighting, Mr. Dean said they were still working on that.
A new plan was submitted to Ron Bolmer but did not have updated letter from Mr. Bolmer at the time of the public hearing.
Attorney Mitchell raised the issue if in the future Dr. Young took over the entire building parking might be an issue. If that were to occur, the Borough Zoning Enforcement Officer would deal with the issue.
Mr. Kost said they are putting an elevator in the building.
The building could have a maximum of 4 tenants. They have four more parking spaces than is required.
They will have 2 free directional signs. Currently they have one free standing sign and two building signs. Discussion took place about signs but it was stated that the signs were not part of this application. They will come back to the commission with a sign application.
The building is 34 feet high to the top of the cupola.
Chairman Shepard asked if there was any one to speak in favor or against the application. There was no one. The public hearing was closed at 8:30 p.m. It was agreed that this matter would be deferred for staff input.
Old Business:
a. Discussion and possible decisions on public hearing/applications of CPCI, LLC to revise Sections 8.04(I) and 10.00(K) of the Borough zoning regulations – Discussion took place. Mr. Nelson made a motion to approve the application of CPCI, LLC, as modified, that the Borough Site Plan and Special Exception approvals are to be valid for two years. Further discussion took place. Mr. Francis made a motion to amend Mr. Nelson’s motion to approve the application of CPCI, LLC, as modified, as follows:
a. that Section 8.04(I) be revised to read: “Any special exception granted by the Zoning Commission shall cease to be effective two (2) years after the date of approval”; and
b. that Section 10.00(K) be revised to read: “Any site plan approval granted by the Zoning Commission shall cease to be effective two (2) years after the date of issuance”.
The effective date of the revised regulations is July 20, 2009. The motion was seconded by Mrs. Shepard. The vote was unanimously approved (4-0) and the vote was as follows:
Linda Shepard Yes
Douglas Nelson Yes
David Francis Yes
Palmer Chiappetta Yes
b. Any new proposed signs – none.
c. Acceptance of any new applications – none.
d. Any old business – Mrs. St. Jean discussed with the commission issues regarding 33 Main Street, Trinity Church, Ace Hardware, handicap ramp at Church Hill Road and Queen Street, Maron property, Lexington Gardens/Farmers Market.
New Business:
a. Any other new business - none
Mr. Nelson made a motion to accept the minutes of the June 8, 2009, seconded by Mr. Francis and unanimously approved.
There being no other business to transact the meeting was adjourned at 10:00 p.m. The next meeting is scheduled for August 12, 2009.
Respectfully submitted,
David Francis, Secretary
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