MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, CT March 16, 2006
Present: Mr. O’Neil, Chair
Mr. Wilson, Vice-Chair
Ms. Dean, Secretary
Mr. Poulin
Ms. Brymer
Alternates: Mr. Mulholland
Mr. Bloom
Mr. Cruz
Clerk: Ms. Wilkin
The meeting was opened at 7.33 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 BOROUGH OF NEWTOWN ZONING COMMISSION AS PER GCS 8-3a(b) FOR AN AMENDMENT TO THE BOROUGH OF NEWTOWN ZONING REGULATIONS TO ADD SECTION 7.04B1
After a brief discussion Mr. Poulin moved to approve the Mandatory Referral. Seconded by Ms. Dean. The vote was unanimous
MANDATORY REFERRAL
MANDATORY REFERRAL FROM THE BOROUGH OF NEWTOWN ZONING COMMISSION AS PER CGS 8-3a(b) FOR AN AMENDMENT TO THE BOROUGH OF NEWTOWN ZONING REGULATIONS TO AMEND SECTION 4.04
After a brief discussion Ms. Dean moved to accept the changes referred to in the Mandatory Referral. Seconded by Mr. Mulholland. The vote was unanimous
MANDATORY REFERRAL
MANDATORY REFERRAL FROM THE NEWTOWN BOARD OF EDUCATION AS PER GCS 8-24 FOR A PROPOSAL FOR LEASING OF MODULAR CLASSROOM SPACE TO BE ERECTED AT THE FRONT OF NEWTOWN HIGH SCHOOL
Evan Pitkoff, Superintendent of Schools and Dominick Posca, Director of Facility for the Newtown School System, and Ron Bienkowski, Director of Business all with offices at 31 Pecks Lane, Newtown, Connecticut explained the need for additional space at the High School. Maps were distributed explaining the details. After a brief discussion Ms. Dean moved to support the Mandatory Referral as long as they meet setbacks and have written letters from the sewer company, water supplier and Fire Marshal confirming that requirements are met. Seconded by Mr. Poulin. The vote was approved 4-1 with Mr. Wilson disapproving.
DISCUSSION AND POSSIBLE ACTION
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 POR AND LOT #16.
After a brief discussion Ms. Dean moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Robert Bambino for a three lot subdivision at 1 and 5 Swamp Road and 361 and 365 South Main Street, Newtown, Connecticut, 7.226 acres, as shown on a certain set of maps entitled “Resubdivision Map, Prepared for Robert Bambino, Swamp Road & Route 25, Newtown, Connecticut” dated September 15, 2005 and revised 1/31/06, scale 1” = 40’, for property shown on the Assessor’s Map #47, Block 9, Lots #16 and #17
SHALL BE APPROVED with the following conditions:
1. That prior to filing the record map in the Newtown Land Records:
a. A bond in the amount of $1,950 shall be submitted to secure the installment of the lot pins and monuments.
b. The record subdivision map shall be modified as follows:
i. Add a note to lot 4 that the shed will be removed or relocated so that it does not encroach the side yard setback
ii. A fee in lieu of open space in the amount of $17,000 is accepted by the Commission. One third of the fee shall be due upon the sale of each of the three lots. Add a note to two lots as follows: “A fee in lieu of open space in the amount of $5,667 shall be paid to the Town of Newtown by the applicant/developer at the time of the sale of this lot”. One lot shall have a note added as follows: “A fee in lieu of open space in the amount of $5,666 shall be paid to the Town of Newtown by the applicant at the time of sale of this lot”
2. The applicant shall submit lien documents suitable for filing in the land records for each of the three lots to secure the fee-in-lieu of open space. The lien documents shall state the lien amount of $5,667 will be paid by the applicant to the Town of Newtown at the time of sale of two of the lots and a fee of $5,666 will be paid for one of the lots. The total fee in lieu of open space shall be $17,000.
3. The applicant shall try to preserve as much of the existing stone wall and healthy large trees as possible in the development of the lots
BE IT FURTHER RESOLVED that the application is consistent with the Subdivision Regulations and the F&R 2 zone.
Seconded by Ms. Brymer
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Motion approved.
DISCUSSION AND POSSIBLE ACTION
APPLICATION BY SAMUEL AND DOLORES NEWMAN FOR A THREE LOT SUBDIVISION, 4 CASTLE MEADOW ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #32, BLOCK #7, LOT #8
After a brief discussion Ms. Dean moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Samuel and Dolores Newman for a three lot subdivision of 11.425 acres, 4 Castle Meadow Road, Newtown, Connecticut, as shown on a certain map entitled “Subdivision & Property Survey prepared for Samuel A. and Dolores B. Newman, 8 Castle Meadow Road, Newtown, Connecticut” dated September 2, 2005 and revised on 11/30/05, scale 1”=50’, Assessor’s Map #32, Block #7, Lot #8
SHALL BE APPROVED with the following stipulations:
1. That prior to filing the record map in the Newtown Land Records:
a. A bond in the amount of $99,450 be submitted to secure the subdivision improvements as follows:
Fire Suppression Tank (30,000 gallons) $30,000
Road and Drainage Work Agreement $65,000
Lot Pins $ 3,450
Open Space/Easement Markers $ 1,000
b. The subdivision maps shall b e modified as follows:
i. correct the notes for Lot 3 as follows:
Accessway/Area shall be 17,131 s.f. or 0.393 acres and the Total Lot 3 area shall be 132,737 s.f. or 3.074 acres
ii. add a note that the pedestrian/bridle easement and the open space land will be permanently field marked by the applicant/developer.
2. That the open space land and easement areas shall be permanently field marked by the applicant/developer during site preparation and prior to the issuance of a building permit for any of the lots.
The easement and trail shall be field marked with markers to permit potential homebuyers and the public to visually identify the easement area and trail. The Conservation Commission shall specify the marker type and locations for the markers.
3. That the pedestrian and bridle easement on Lot 3 shall be made safely passable for horses and passive recreational use.
4. That the deed for Lot 3 shall include a description of the easement and restrictions for such easement including the allowance for pedestrians, equestrians and bicyclists to use such easement and the owners shall not block the access. The easement will exclude motorized vehicles.
5. The fire suppression water tank shall be installed so that the tank is at or below the rod surface and the pump fittings are no higher than thirty (30) inches above the road surface. The fire suppression tank is subject to the sign off by the Fire Marshal prior to the issuance of a certificate of occupancy.
6. That the deed for Lot 2 shall state that the owner of the lot is responsible for the maintenance of the storm water device located upon the lot
BE IT FURTHER RESOLVED that the application is consistent with the Subdivision Regulations and the F&:R 2 zone.
Seconded by Mr Poulin
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Motion approved.
PUBLIC HEARING
APPLICATION BY THOMAS SWAN FOR A SPECIAL EXCEPTION FOR RE-DEVELOPMENT OF PROPERTY TO REPLACE EXISTING STRUCTURES WITH ONE MULTI-USE BUILDING TO BE USED FOR RETAIL SALES, SHOWROOM, WAREHOUSING AND OFFICES FOR RETAIL BUSINESS USE. 182 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #36, BLOCK #14, LOT #11.
The hearing was continued.
PUBLIC HEARING
APPLICATION BY E & R COMMERCIAL LLC FOR A SPECIAL EXCEPTION, CONSTRUCTION OF A 25,885 S.F. BUILDING +/- FOR A LIGHT INDUSTRIAL WAREHOUSE SPEC USE, LOT #9, CURTIS PARK, TURNBERRY LANE, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP #45, BLOCK #3, LOT 33-LT-9
The hearing was opened at 8:22 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.
Robert Blanchette, Borghesi Building, 2155 East Main Street, Torrington, Connecticut addressed staff comments and submitted Drainage Calculations dated 2/06. He requested a continuation in order to revise the plans to reflect the staff comments.
Mr. O’Neil noted that the Health Department needs information before approving the application. He then asked to hear from the public.
Mike Brennan, 2A Fir Tree Lane, Newtown, Connecticut stated that no decision should be made until ownership of the pond is confirmed. He was concerned about lighting.
Dan Doherty, 3 Fir Tree Lane, Newtown, Connecticut expressed concern about property values. He did not want the hill disturbed
Ken Kochiss, 4 Fir Tree Lane, Newtown, Connecticut concurred with the previous speaker noting that the gaping hole should be replaced as agreed
Mr. Wilson moved to deny the application because he felt the applicant had sufficient time to respond to staff comments. Mr. O’Neil put the motion to a vote. The motion was denied and the hearing was left open.
A recess was called at 9:02 p.m. The meeting reconvened at 9:12 p.m.
PUBLIC HEARING
APPLICATION BY BASHERT DEVELOPERS, LLC FOR AN AMENDMENT TO A SPECIAL EXCEPTION FOR THE CONSTRUCTION OF 132 CONGEGATE AGE-RESTRICTED RESIDENTIAL UNITS AT 46 INDEPENDENT AGE-RESTRICTED TOWNHOUSE RESIDENTIAL UNITS, CLUBHOUSE AND ASSOCIATED IMPROVEMENTS, 12 POCONO ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #2, BLOCK #5, LOT 31-2
Ms. Dean read the call for the hearing
Mr. O’Neil read the correspondence in the file noting there was no comment from the Fire Marshal and asked to hear from the applicant
Representing the applicant were Jim White, Esq., 860 Main Street, Bridgeport, Connecticut, Leonard Kohl, 405 Cedar Lane, Teaneck, New Jersey, David Dixon, Milone & MacBroom, 99 Realty Drive, Cheshire, Connecticut, Ted Hart P.E., Milone & MacBroom, 99 Realty Drive, Cheshire, Connecticut, Conrad Roncati, architect, 935 River Road, Edgewater, New Jersey and Alan Litt, Partner, 405 Cedar Lane, Teaneck, New Jersey.
A letter from Milone & MacBroom and revised maps dated 3/16/06 responding to staff comments and Affidavit of Mailing were submitted to the file. Due to the lack of time they had not had a chance to address the Town Engineer’s comments. The applicants asked if the hearing could remain open.
David Dixon explained the project and how it differed from the original project that was approved in 1997. Ted Hart went through the engineering facets of the application, submitting photo of the drainage system. They need to give earthwork to the Town Engineer. They will meet with the Fire Marshal to ensure adequate turn-around of fire trucks. Conrad Roncati distributed Architectura (design pictures). Jim White addressed Ms. Stocker’s comments.
Mr. O’Neil asked to hear from the public.
Barbara Herman, 48 Jo-Al Court, Newtown, Connecticut expressed concern about lights emanating from the buildings. She submitted eight photographs taken from her property
Charlie Merrified, 26 Pocono Road, Newtown, Connecticut asked how high the garage would be. He expressed concern about the height of the buildings.
Mike Toll, 4 Pocono Road, Newtown, Connecticut was also concerned about the height of the buildings, lighting and trespassing.
Linda McBeth, 49 Jo Al Court, Newtown, Connecticut asked about garbage pick-up and egress in case of fire
Walt Jamroga, 40 Jo Al Court, Newtown, Connecticut asked for clarification of distance from the property line.
Morgan McLaughlin, 14 Alberts Hill Road, Sandy Hook, Connecticut congratulated the developers She said that the elderly housing regulations needed clarification
The applicants addressed the issues raised stating that they will have a traffic consultant and the next hearing date
The hearing was continued till the next available date.
A subcommittee comprising of Mr. Wilson and Mr. Mulholland will meet with Elizabeth Stocker to discuss the regulations.
Mr. Wilson made a motion to adjourn. Seconded by Mr Poulin
Vote: Mr. O’Neil Yes
Mr. Wilson Yes
Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Motion approved.
The meeting adjourned at 11:54 p.m.
Respectfully submitted,
______________________
Lilla Dean, Secretary
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