Borough of Newtown
Zoning Commission
Newtown, Connecticut
THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOROUGH OF NEWTOWN ZONING COMMISSION
Minutes of the Special Meeting and Public Hearings of October 19, 2010
Minutes of the Special Meeting of the Borough of Newtown Zoning Commission on Tuesday, October 19, 2010 at the Conference Room, Town Hall South, 3 Main Street, Newtown, Connecticut. Chairman Linda Shepard called the meeting to order at 7:16 p.m.
Commission Members Present: Linda Shepard, Douglas Nelson, David Francis, Brid Craddock, Lucy Sullivan and Alternate: Palmer Chiappetta.
Staff Present: Jean St. Jean, Borough Zoning Enforcement Officer, Donald Mitchell, Borough Attorney, and Maureen Crick Owen, Clerk.
Public Hearing:
Application of Borough of Newtown Zoning Commission to add Section 6.07.F to the Borough zoning regulations which proposed regulation addresses signs for governmental buildings and governmental uses in a residential zone.
Chairman Shepard read into the record the legal notice. She then read the proposed Section 6.07.F and the letter dated 10.08.10 from Lilla Dean, Chairman of the Newtown Planning and Zoning Commission. She asked if there was any one in the audience to speak in favor of this application.
Mary Fellows, 120 Walnut Tree Hill Road, said she was a member of the Board of Managers and appreciated the support for this regulation and that thorough consideration for what Edmond Town Hall is and will be. She was in favor of this proposed regulation.
Herb Rosenthal, 70 Main Street, said that the proposed regulation will benefit the Edmond Town Hall and he was in favor of this application.
There being no other public participation Chairman Shepard closed the public hearing.
Public Hearing:
Application of Newtown Hook and Ladder Company, No. 1, Incorporated for site development plan approval for construction of a two and one-half story fire station building on property located at 4 Sugar Street and 12 Sugar Street, Newtown, CT.
Chairman Shepard read the legal notice. Chairman Shepard and Palmer Chiappetta recused themselves from the public hearing as they live within 500' of the subject property. Chairman Shepard turned the hearing over to the Vice Chairman Doug Nelson. Mr. Nelson explained the process of the public hearing. He also stated that the Commission had not received a letter from the Borough's Conservation Official as the applicant's application was still pending with the Inland Wetlands Commission. Mr. Francis read into the record letters from the following:
1. Newtown Health Dept. dated 09.09.2010;
2. Borough Engineer dated 10.19.2010;
3. Fire Marshal dated 09.14.2010;
4. Newtown Planning and Zoning Commission dated 10.08.2010; and
5. Newtown Police Dept. dated 10.15.2010.
Mr. Nelson asked the applicant to present their application.
Rob Manna, 100 Glen Road, said that he has been a volunteer fireman for 19 years. He gave the history of the H&L firehouse. He said that other sites did not work and that this site works geographically and financially and that it makes sense for the firehouse and for the Town. Mr. Manna said they are not relocating the siren to the proposed new building.
Christopher Smith, Shipman & Goodwin, attorney for the applicant, stated that he is a land use attorney and partner with the firm and lives in North Branford. Attorney Smith stated that the site plan application was being submitted pursuant to Section 10 of the regulations. He introduced the development team: ~Chris DeAngelis with Cabezas DeAngelis Engineers & Surveyors (Licensed Professional Engineer); Philip Clark (Architect); and Robert Sherwood (Landscape Architect) and Michael Galante of Frederick P. Clark Associates, Inc. (Traffic Engineer). ~A supplemental packet of information was distributed. Attorney Smith referenced Exhibit 7 with specific reference to the 2nd to last paragraph of Chief Kehoe's letter dated 10.15.10 and read the following from the letter:
"At 7:28 P.M., a motion was made by Commissioner Walczak to approve and accept the Traffic Access and Impact Study dated May 25, 2010 as prepared and presented to the Borough by Mr. Michael Galante of Frederick P. Clark Associates, Inc. regarding a new firehouse for Newtown Hook and Ladder Company #1 at 12 Sugar St.; seconded by Commissioner Budd; carried by unanimous vote."
Attorney Smith briefly described each exhibit in the packet of information submitted. He also submitted to the Commission a letter dated 10.18.10 from Paul Scalzo of Scalzo Group, 2 Stony Hill Road, Bethel, Connecticut that in his opinion the proposed fire station will not have an adverse impact upon the neighborhood nor have an adverse impact upon the values of the properties in the immediate neighborhood.
Jason Rivera, 16 Narrangasset Trail, said that he is the current chief of H&L and has 18 years in fire service. He provided the Commission with information about how the H&L operates, response times, response area, fire growth, pre-emptive device, National Fire Protection Association Standards and ISO. He said the H&L responds to approximately 600 calls per year which equals 1.6 per day. They respond town wide for structure fires. He said if the firehouse were to be located at Fairfield Hills many residents would be outside of the 5 mile radius and would receive lowest public protection. He said getting to residents in equal time is important.
Kevin Craigin, 22 Georges Hill Road, said that he is a member of the Board of Fire Commissioners. He said the Commission has discussed replacement for 26 years and he has been on the board for over 26 years. Mr. Craigin stated that the Board of Fire Commissioners unanimously supports the proposed new fire station.
Michael Burton, 107 Glen Road, said that he is a volunteer with the Sandy Hook Fire Department and is on the Board of Fire Commissioners. He said there is a need for this building and that H&L cannot afford the building on their own and they should take the opportunity of the donated land. He stressed the wants of some versus the needs of the community.
Bill Halstead, 23 Cherry Street, stated that he is a full time fire marshal. He spoke about NFPA 1720 and that per this regulation the H&L must get the apparatus to the scene in a certain amount of time with the proper number of people. He said it is very important to keep the location in close proximity to the district. Mr. Halstead asked the Commission to support this application.
Chris DeAngelis provided an overview of the site plan. He said the site will have 2 driveway curb cuts with the eastern driveway an exit only driveway which has been done at the request of CT DOT. He said that there is minimal lighting on the front of the building and security lighting at the rear of the building. He discussed the retaining wall and said that they expect to have a letter from the expert by the end of the week. Mr. Francis asked that the applicant provide a bigger plan of the lighting.
Philip Clark provided a rendering of the colonial style residential building, noting that it will be below 35' in height.
Robert Sherwood provided a rendering of the plantings for the site. Ms. Craddock asked about the buffer between the site and the residential neighbor. She suggested spruce trees and wanted to see screening greater than 8'. A question was raised about sidewalks. Attorney Smith said that the plan delineates a walkway across the driveway but they have not determined what product it will be. In response to a question from Ms. Craddock, he said there would be no additional lighting on the street.
Michael Galante discussed the traffic volume and peak conditions. He said 5 to 6 p.m. is peak for congestion and volume and that fire trucks already go through this intersection. He discussed the current pre-emptive system in place which would be supplemented by an additional pre-emptive system to allow the light to remain green for up to 90 seconds to clear the traffic on Sugar Street approaching the intersection. Discussion took place regarding traffic coming down Main Street towards the intersection of Sugar Street and the turn right on red. Jason Rivera added that conventional methods will also be used if necessary for traffic control.
At this point Attorney Smith stated that the presentation by the applicant was complete.
Public Participation:
Herb Rosenthal, 70 Main Street, said that he supports the application and that it is an ideal location for the firehouse.
Ed Terry, 18 Lincoln Road, stated he was opposed to the application. He is concerned about the congestion.
James McInerney, 25 Lake Road, said that he fully supports this application.
Robert Olah, 34 Sugar Street, said that the firehouse will have a negative impact on the neighborhood by decreased property values, decreased quality of life, increased traffic and congestion.
Linda Manna, 67 Head of Meadow, said that she is 100% in support of this application and that every fire department is located in a neighborhood.
Kurt Riebeling, 21 Sugar Street, strongly urged the Commission to deny the application because it will negatively impact the area.
Catherine Cuggino, Attorney with Chipman, Mazzucco, Land & Pennarola, LLC, Danbury, said she was representing Francois and Natalie de Brantes who live at 13 Sugar Street. She said the site plan does not comply because the parking lot is a structure and violates setback requirements. She said she takes issue with the parking. There are 21 proposed parking spaces but up to a total of 40 members. She said there would not be enough parking if there was training or meetings at the proposed site. She said the turning radii is not on the plans. She urged the Commission to deny the application.
Francois de Brantes, 13 Sugar Street, said that there are alternatives with the most obvious being the current location. He submitted written comments to the Commission. He said the structure is not in keeping with the neighborhood. He discussed the views, leveling the lot, taking trees down along front of site, and elevation of building on site. He asked that the Commission reject the application.
Alan Shepard, 1 Glover Avenue, asked that the Commission to consider his questions and comments which were:
- Is this site adequate for this proposed use?
- Will the balance of the land always be with the fire department or are there other plans?
- What is the 1/2 story? Will it add to the parking demand?
- The study starts at the property line. How do you get the fire truck around the building? It should be at the site line.
- The 320' retaining wall is in wetlands area and should be a part of the site plan for the Commission to review and what type and how it functions.
- He suggested the Commission discuss with the applicant the 50' buffer from residential property.
Attorney Mitchell said he would appreciate any help on the affect of the ZBA ruling on this application.
Mr. Nelson stated that this hearing would remain open and be continued to Tuesday, November 16, 2010 at 7:15 p.m. to be held in the Conference Room at Town Hall South, 3 Main Street.
Mr. Francis made a motion to accept the minutes of September 8, 2010, seconded by Ms. Craddock and unanimously approved.
Old Business:
Acceptance of any new applications – none
Any old business - none
New Business:
The Commission did not make a decision on Borough fees.
There was no other new business.
There being no other business to transact the meeting was adjourned. The next meeting is scheduled for November 16, 2010.
Respectfully submitted,
David Francis, Secretary
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