MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, CT February 16, 2006
Present: Mr. O’Neil, Chair
Ms. Dean, Secretary
Mr. Poulin
Ms. Brymer
Alternates: Mr. Mulholland seated in place of Mr. Wilson
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
MANDATORY REFERRAL
MANDATORY REFERRAL FROM THE BOARD OF SELECTMEN AS PER CGS 8-24 FOR THE PURCHASE OF OPEN SPACE PROPERTY BY THE TOWN OF NEWTOWN AT 30 SHEPARD HILL ROAD, NEWTOWN, CONNECTICUT, 29.07 ACRES
The Commission discussed the matter and concluded that it was a very desirable piece of property. Ms. Dean made a motion to approve the purchase. Seconded by Mr. Poulin. The vote was unanimous
PUBLIC HEARING (Continued)
APPLICATION BY ROBERT BAMBINO FOR A THREE LOT SUBDIVISION, 7.23 ACRES, 1 &5 SWAMP ROAD AND 361 AND 365 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #47, BLOCK #9, LOT #17 AND MAP #47, BLOCK #9, LOT #16
Bill Carboni, P.E., Spath Bjorklund, 593 Main Street, Monroe, Connecticut submitted the evaluation of the property in order to work out the possible fee in lieu. The hearing was closed
DISCUSSION AND POSSIBLE ACTION
APPLICATION BY SAMUEL AND DOLORES NEWMAN FOR A THREE LOT SUBDIVISION, 4 CASTLE MEADOW ROAD, NEWTOWN, CONNECTICUT.
The Resolution on this matter was postponed till the next meeting
DISCUSSION AND POSSIBLE ACTION
APPLICATION BY TOLL BROTHERS INC., FOR A SPECIAL EXCEPTION FOR A FIFTY-FOUR UNIT ELDERLY HOUSING PROJECT, 32 OAKVIEW ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP #38, BLOCK #12, LOT #3
After a discussion about the traffic situation Ms. Dean moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Toll Brothers, Inc. for a special exception and aquifer impact finding to construct a 54 unit elderly housing development as shown on a certain set of drawings entitled “Regency at Newtown, Oakview Road, Newtown, Connecticut dated April 12, 2005 and revised 5/31/05, 8/25/05, 9/9/05 and 10/10/05 for property located on the Assessor’s map #38, block #12, lot #13
SHALL BE APPROVED with the following conditions:
1. That prior to receiving a building permit, the developer shall enter into a road and drainage work agreement with the Board of Selectmen for the proposed work on Oakview Road and submit any associated bonding for such agreement if applicable.
2. That prior to receiving a building permit, the applicant shall file a policy for aquifer and water resource protection that will apply during site preparation and remain in effect throughout construction. The policy shall include the name, title, address and phone number of the person who will be assigned the responsibility for oversight, enforcement and implementation of the best management practices for aquifer protection
3. That prior to receiving a certificate of occupancy, the property owner shall file a policy for aquifer protection upon the site. The policy shall include the name, title, address and phone number of the person who will be assigned the responsibility for enforcement and implementation of the best management practices for aquifer protection. Such a policy shall be included in the condominium documents distributed to homeowners and shall cover both interior handling and storage of materials and exterior activities such as vehicle washing and maintenance, grounds maintenance, emergency spill procedures and any other pertinent information pertaining to
aquifer protection which shall be followed by the occupants of the premises. 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 residents and service employees who visit the site 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 applicant’s Aquifer Impact Assessment shall be the basis for such a policy.
4. 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)
5. That dumpsters are not shown for refuse disposal and that individual trash cans are thereby the expected and preferred method for trash collection which shall be the responsibility of the condominium association.
6. That the developer and future property owners shall follow the minimum standards for uses in the Aquifer Protection District pursuant to the Newtown Zoning Regulations
7. That the typical roadway cross-sections shall meet the requirements of the Newtown Road Ordinance for a local road.
8. That the developer shall contract an independent service for inspections of the utility installations, roadway construction, soil and sedimentation controls and best management practices. Such independent services shall have the necessary licenses to certify that work has been installed in compliance with the Newtown Road Ordinance and any other applicable Newtown regulations. The developer shall inform the Town Engineer and Land Use Office of his selection for the contract at least 30 days before work commences upon the site
9. That the developer shall submit a copy of their archeologist’s findings for the site and the State Archeologist’s review of such findings to the Commission prior to beginning site work.
10. That the developer shall provide a trail system upon the property for use by the residents of the project
11. That prior to their installation, the final locations of the four hydrants shall be subject to approval by the District Fire Chief.
12. That the emergency accessway shall be kept clear for emergencies, maintained and plowed in the winter by the condominium association.
13. That this approval shall include the additional plantings as shown upon a certain plan entitled “Additional Slop Plantings, Regency at Newtown, Oakview Road, Newtown, CT” dated November 30, 2005, scale 1”=40’.
14. That the driveway Alternative A which directs traffic to Washington Avenue is approved and the entry signage shall be according to the plan entitled “Revised Signage Plan, Regency at Newtown, Oakview Road, Newtown, CT” dated November 7, 2005, scale 1”=40’. The project signage plan as submitted is approved by the Commission and is not illuminated.
15. That the Newtown Planning and Zoning Commission accepts the 13 acres of open space and the 25 foot access easement as offered by the applicant. Such an area is shown upon a certain drawing entitled “Site Plan, Regency at Newtown, Oakview Road, Newtown, CT” dated March 1, 2005 and revised 8/25/05, scale 1”=100’. The applicant shall record the necessary deeds and maps for such open space conservation easements and access easements upon the Newtown Land Records and shall field mark such open space and easements with markers and in locations as determined by the Commission.
16. That the applicant/developer shall submit a bond estimate for the Commission’s approval pursuant to Section 4.10.800 of the Zoning Regulations. The approved bond amount shall be submitted to the Commission prior to the receipt of a building permit.
BE IT FURTHER RESOLVED that the Commission finds that with the implementation of the above conditions that the proposed development and use 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 Elderly Housing (EH-10) Zone and the Aquifer Protection District.
Seconded by Ms. Brymer
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin No
Ms. Brymer Yes
Mr. Mulholland No
Motion approved
EXECUTIVE SESSION
Ms. Dean made a motion to go into Executive in order to discuss pending litigation. The motion was seconded and the vote unanimous. The Commission came out of Executive Session at 9:23 p.m.
Ms. Dean made a motion to adjourn. Seconded by Mr. Poulin
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Motion approved
The meeting was adjourned at 9:24 p.m.
Respectfully submitted
________________________
Lilla Dean, Secretary
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