MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, CT February 2, 2006
Present: Mr. O’Neil, Chair
Mr. Wilson, Vice-Chair
Ms. Dean, Secretary
Mr. Poulin
Alternates: Mr. Mulholland seated in place of Ms. Brymer
Mr.Bloom
Clerk: Ms. Wilkin
The meeting was opened at 7:32 p.m. Notice is made that the entire meeting was taped and can be heard in the Planning and Zoning Office, 31 Pecks Lane, Newtown, Connecticut
DISCUSSION AND POSSIBLE ACTION
APPLICATION BY ROBERT MASTRONI FOR A SPECIAL EXCEPTION TO CONSTRUCT A 6,000 SQUARE FOOT BUILDING FOR SHOPES OR OFFICES, 224 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #36, BLOCK #14, LOT #7
After a brief discussion Ms. Dean noted that there was a lot of garbage on site and asked for it to be removed not buried because it is over the aquifer.
Ms. Dean moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Robert Mastroni for a special exception to construct a 6,000 square foot building pursuant to Sections 4.11.900 and 4.04.400 of the Zoning Regulations for 3,000 square feet of retail use and 3,000 square feet of office use as shown on a certain set of drawings entitled “Proposed Site Plan 224 South Main Street, Prepared for Robert Mastroni, Newtown, Connecticut” dated April 20, 2005 and revised last on 10/6/05, scale 1”=20’ for property located on the Assessor’s map #36, Block #14, lot #7
SHALL BE APPROVED, with the following conditions:
1. That the dumpster shall be situated upon a concrete pad surrounded by landscaping and a fenced enclosure which shall be equal to or greater than the height of the dumpster. The dumpster shall have a cover to prevent rain from entering it and trash from blowing out. Markers for aquifer protection shall be posted on the enclosure as noted (#12) below
2. That the appropriate mix of retail and office space shall be maintained to the extent that the mix of uses can be accommodated by the on site parking required by the zoning regulations. This approval does not include a child day care center use.
3. That prior to installing the landscaping, the applicant shall upgrade the landscaping plan to provide an effective year round screen of the parking areas from neighboring properties. Such a revised landscaping plan shall be approved by the Chairman of the Commission or his designee
4. That prior to installation of any business signs upon the site, the applicant shall submit a signage plan that will complement the architecture of the building. No internally illuminated signs are approved. The signage plan shall comply with Section 6.03.320 of the zoning regulations.
5. That prior to receiving a certificate of occupancy, the property owner shall file an aquifer protection policy with the Town of Newtown for best management practices to protect the aquifer. Such a policy shall cover both interior operations and exterior grounds maintenance, emergency spill procedures and any other pertinent information pertaining to aquifer protection which shall be followed by the occupants of the premises. Such a policy shall include the name, title, address, and phone number of the person who will be assigned the responsibility for enforcement and implementation of such a policy. The policy shall be submitted to the
Chairman of the Commission or his designee for approval.
The purpose of such a policy is to educate and inform employees and tenants that the property is located in an environmentally sensitive area where the ground water is a public water supply and to provide guidance in best management practices that will be carried out. The Planning and Zoning Commission is available to assist and advise the applicant in the preparation of such a policy.
6. That the policy for aquifer protection procedures and practices shall be posted in a location where all employees and tenants of the premises can view it.
7. That the policy for aquifer protection procedures and practices shall be distributed by the owner or management company to any tenant of the premises along with any lease agreement.
8. That no permanent outside storage of commercial vehicles or construction equipment shall be permitted upon the premises.
9. That no maintenance of any commercial vehicles or construction equipment shall be conducted upon the premises.
10. That the property owner/applicant and the tenants shall follow the minimum standards for uses in the Aquifer Protection District pursuant to the Newtown Zoning Regulations.
11. That the applicant shall construct and maintain the septic system and storm drainage system in accordance with good engineering practice and best management practices. A reporting schedule shall be submitted to the Commission or its designee for monitoring the systems.
12. That all drywells and catch basins have a permanent marker attached to them to discourage dumping. The marker shall provide notice that the site is located in an aquifer protection area. (Similar to markers DEP uses for Long Island Sound).
13. That the lighting for the parking lots shall have full cut off features to ensure that the light does not flow off site
14. That the brush, logs and trash shall be removed from the site before excavation is begun.
BE IT FURTHER RESOLVED that the Commission finds that with the implementation of the conditions and best management practices that the proposed development and uses will have no significant impact on the aquifer.
BE IT FURTHER RESOLVED that the Commission finds that the application meets the standards and criteria for a special exception as set forth in sections 8.04.710 through 8.04.790 of the Zoning Regulations.
BE IT FURTHER RESOLVED that the application is consistent with the Retail Business (B-1) zone and the Aquifer Protection District.
BE IT FURTHER RESOLVED that this approval shall become effective on February 13, 2006
Seconded by Mr. Poulin
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes
Mr. Mulholland Yes
Motion approved
DISCUSSION AND POSSIBLE ACTION
APPLICATION BY TOLL BROTHERS, INC. FOR A SPECIAL EXCEPTION FOR A FIFTY-FOUR UNIT ELDERLY HOUSING PROJECT, 221 OAKVIEW ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP #38, BLOCK #12, LOT #3
The Commission will continue discussing this application at the next meeting.
PUBLIC HEARING
APPLICATION BY ROBERT BAMBINO FOR A THREE LOT SUBDIVISION, 7.23 ACRES, 1 & 5 SWAMP ROAD AND 361 & 365 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #47, BLOCK #9, LOT #17 AND MAP #47, BLOCK #9, LOT #16
The hearing was opened at 8:12 p.m.
Ms. Dean read the call for the hearing
Mr. O’Neil read the correspondence in the file and asked to hear from the applicant.
Bill Carboni, P.E., Spath Bjorklund, 593 Main Street, Monroe, Connecticut submitted the Affidavit of Mailing and addressed staff comments.
The Commission were not sure about his claim that open space had been given with the original application in 1995 and had a problem accepting a fee in lieu
Robert Bambino, 7 Swamp Road, Newtown, Connecticut explained the history of the property.
Joanne Kopco, representing Mary Kopco, 12 Swamp Road, Newtown, Connecticut asked if the property was being considered for commercial use.
The hearing was left open to research open space and fee in lieu.
PUBLIC HEARING
APPLICATION BY PETER A. SPATH TRUST FOR AN AMENDMENT TO A SPECIAL EXCEPTION TO ALLOW CONSTRUCTION OF TWO ADDITIONAL COMMERCIAL BUILDINGS AT 5, 9 AND 17 DUSTY LANE, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #47, BLOCK #11, LOTS #16, #17 AND #42
The hearing was opened at 8:38 p.m.
Mr. O’Neil read the correspondence in the file then asked to hear from the applicant
Don Nolte, Stuart Somers, 1211 Main Street South, Southbury, Connecticut submitted the Affidavit of Mailing and addressed staff comments. He also submitted a Traffic Engineering Report and a letter from James Elkins, 19 Dusty Lane, Newtown, Connecticut stating he had no problems with the application. A Display May Proposed Contractors Garages dated 1/24/06 was submitted. He addressed staff comments. A letter to file #1569 dated 2/2/06 was submitted
Peter Spath, Jr. Spath Construction, 63 Riverside Road, Sandy Hook, Connecticut explained now debris would be removed from the site.
Mr. O’Neil asked to hear from the public
Kathryn Metzger, 4 Dusty Lane, Newtown, Connecticut, distributed a letter and handout dated 2/2/06. Among her concerns were truck traffic, safety and property values.
A letter from Ann Singler, 3 Botsford Lane, Newtown, Connecticut dated 2/2/06 in opposition was submitted.
Judith Pope, 18 Dusty Lane, Newtown, Connecticut submitted a letter in opposition dated 2/2/06.
Ingrid McClay, 14 Dusty Lane, Newtown, Connecticut was also concerned about the hazardous conditions with truck traffic. She submitted a letter dated 2/2/06.
Mr. O’Neil noted that the property is in an M-6 zone and is right opposite a B-2 zone.
Ben Gernand, 3 Dusty Lane, Newtown, Connecticut agreed that the traffic on the road was very dangerous to the families who live on the road.
Steve Metzger, 4 Dusty Lane, Newtown, Connecticut considered quality of life to the neighbors was in jeopardy.
Steve McClay, 14 Dusty Lane, Newtown, Connecticut was concerned about child safety, noise and air pollution.
Ms. Metzger answered a question posed by Mr. Mulholland that there were a lot of buses parked on the site.
Peter Spath, Jr. understood the neighbors’ concerns and would be willing to install speed bumps in an attempt to slow traffic down.
The hearing was continued in order for the applicant to revise the maps and finish the clean-up.
CORRESPONDENCE AND COMMUNICATIONS
The Commission discussed the modular building planned for the Waldorf School with Scott Whelihan, 95 Cross Highway, Redding, Connecticut
Ms. Dean made a motion to approve the Minutes of 1/19/06 as submitted. Seconded by Mr. Mulholland. The vote was unanimous.
The Commission discussed recent issues.
Ms. Dean made a motion to adjourn. Seconded by Mr. Poulin
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes
Mr. Mulholland Yes
Mr. Bloom Yes
Motion approved
The meeting adjourned at 10:39 p.m.
Respectfully submitted
_____________________________
Lilla Dean, Secretary
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