Town of Newtown, CT Archive

3/30/06

MINUTES

Newtown Planning and Zoning Commission

Land Use Office Special Meeting

31 Pecks Lane, Newtown, CT March 30, 2006

Present: Mr. O’Neil, Chair

Ms. Dean, Secretary

Ms. Brymer

Alternates: Mr. Mulholland sat for Mr. Poulin

Mr. Bloom for Mr. Wilson

Mr. Cruz

Clerk: Ms. Wilkin

The meeting was opened at 7:40 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

COMMUNICATIONS

TEMPLE ISRAEL

The Commission discussed the various issues regarding this matter and Mr. O’Neil asked if the Commission had any concerns before signing off on it. They did not

TRAFFIC SIGHT LINES

The Commission discussed the sight line and agreed to the 15% increase.

NOTIFICATION OF PROPERTY OWNERS

The Commission agreed to allow applicants to use the old way of notifying abutters as well as the new that was originally thought to be simpler and less expensive

REGULATION REVISIONS

The Commission discussed the streamlining of regulations pertaining to ponds and signify that roadwork was to be part of the 200 cubic yard earth removal on subdivisions.

ADDITIONAL PUBLIC HEARING APRIL

There will be a Special meeting held on April 11, 2006 at 2:30 p.m.

APRIL 6 MEETING STARTS AT 7:00PM – EXECUTIVE SESSION WITH MR. FULLER

The Commission noted that the Regular meeting of April 6, 2006 will begin at 7:00 p.m. with an Executive Session. The public part of the meeting will proceed at 7:30 p.m.

MANDATORY REFERRALS

MANDATORY REFERRAL FROM THE TOWN OF NEWTOWN BOARD OF SELECTMEN PER CSG 8-24 CONCERNING THE DISCONTINUANCE OF A SECTION OF ORCHARD HILL ROAD, FRONTING THE PROPERTY OF FREDERICK AND ELLEN BAFF AS A RESULT OF THE RECENT REALIGNMENT OF ORCHARD HILL ROAD

After a brief discussion Ms. Dean made a motion to support the above referenced referral. Seconded by Mr. Mulholland. The vote was unanimous

MANDATORY REFFERAL FROM THE TOWN OF NEWTOWN BOARD OF SELECTMEN PER CSG 8-24 CONCERNING THE PURCHASE OF 24,778 S.F. OF PROPERTY FROM THE STATE OF CONNECTICUT. THE PURPOSE FOR PURCHASING THIS LANDLOCKED PROPERTY IS TO LOWER THE DENSITY OF DEVELOPMENT IN THE IMMEDIATE SURROUNDING PROPERTY

After a brief discussion Ms. Dean made a motion to support the above referenced referral. Seconded by Mr. Bloom. The vote was unanimous

PUBLIC HEARING (Continued)

APPLICATION BY PETER A. SPATH 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

Don Nolte, Stuart Somers, 1211 Main Street South, Southbury, Connecticut explained the changes on the revised site plan that was submitted.

Fred Greenberg, Traffic Engineer, 355 Research Parkway, Meriden, Connecticut prepared and explained his traffic study

Mr. O’Neil asked to hear from the public

Kathryn Metzker, 4 Dusty Lane, Newtown, Connecticut submitted a letter in opposition from Judy Pope and Ben Bernard who would not make the meeting. She also submitted her own letter dated 3/27/06 in opposition. She had been advised that the homes in the area could be devalued by 25-30%. A Review of Traffic Study 2/2/06 was submitted as well as photos showing that this neighborhood was a community.

James Bahan, 10 Dusty Lane, Newtown, Connecticut was also concerned about the devaluation of homes as well as speeding trucks and traffic. He opposed the application.

Stephen Metzker, 4 Dusty Lane, Newtown, Connecticut questioned the type of business(es) that would occupy the property. He was opposed because of the traffic

After a brief discussion the hearing was closed at 8:48 p.m.

PUBLIC HEARING (Continued)

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

Camille Degalen, Esq., 30 Main Street, Danbury, Connecticut, representing the applicant explained the proposal. Existing buildings would be removed. New building would have a footprint of 6,400 s.f. with 7,430 s.f. useable space. There would be no significant aquifer impact. The traffic report is in the file. They have revised the building plans to meet the Architectural Review Board. She submitted Affidavit of Mailing

Mark Lancor, Dymar, 325 Main Street South, Southbury, Connecticut, engineers of record went through the location of the building and landscaping. Modified drawings were submitted addressing the Town Engineer’s comments. A letter of transmittal dated 3/30/06 attached to a letter from Scott Lukowski P.E. Dymar 3/29/06 was submitted. A fax from Bubaris Traffic Associates dated 3/30/06 was submitted.

Skip Heath, Morten Building Inc., 12 Enterprise Drive, Rhinebeck, New York described the proposed building design

Tom Swan, 182 South Main Street, Newtown, Connecticut, applicant explained the plans and lighting system.

Mr. O’Neil asked to hear from the public.

Robert Hall, 5 Nettleton Avenue, Newtown, Connecticut wished the applicant good luck once he had been satisfied that the lights would be down-aimed.

The hearing was closed at 9:23 p.m. A recess was called.

The meeting reconvened at 9:35 p.m.

PUBLIC HEARING (Continued)

APPLICATION BY E & R COMMERCIAL LLC FOR A SPECIAL EXCEPTION, CONSTRUCTION OF A 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

Robert Blanchette, Borghesi Building, 2155 East Main Street, Torrington, Connecticut submitted revised maps reflecting staff comments. A GIS Map was submitted addressing Health Department concerns. They need clarification of the Health Department’s memo regarding the size of the septic system. There is confusion regarding the parking and number of people who would occupy the building.

The hearing was closed at 9:52 p.m.

PUBLIC HEARING

APPLICATION BY THOMAS L. CARROLL, JR. FOR A SPECIAL EXCEPTION TO ALLOW AN ACCESSORY APARTMENT TO A ONE FAMILY DETACHED DWELLING, 22 GREAT HILL ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #6, BLOCK #14, LOT #7

Ms. Dean read the call for the hearing

Mr. O’Neil read the correspondence in the file and asked to hear from the applicant

Thomas Carroll, 22 Great Hill Road, Newtown, Connecticut explained the application. He wishes to convert one of three barns on his property into an accessory apartment.

The hearing was left open so the applicant could address Elizabeth Stocker’s comments and receive plan approval from the Health Department.

PUBLIC HEARING

APPLICATION BY E&A/I&G SAND HILL PLAZA, LP TO AMEND A SPECIAL EXCEPTION TO EXPAND THE LEASABLE AREA OF THE EXISTING SHOPPING CENTER BY 3,618 S.F. TO A NEW TOTAL OF 163,554 S.F. THE EXISTING MALL AREA TO BE RECONFIGURED TO PROVIDE THE ADDITIONAL SPACE

The hearing was opened at 10:03 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 Hall, Esq., 43 Main Street, Newtown, Connecticut representing the applicant submitted a Notice of Grant of Variance – Special Exception or Special Permit 5699 11/19/87, a map 1” = 100’ and a letter dated 3/30/06 explaining the application. He also submitted a lease plan 6158 9/18/89.

Larry Edwards, P.E., 226 Stepney Road, Easton, Connecticut is the engineer for the project.

Keith Hague, Eders and Avant, 21 Custom House Street, Boston, Massachusetts explained the details of the lease.

Mr. O’Neil requested the applicant to discuss the location of a connecting driveway with the owners of Sand Hill South that is currently being developed. This would alleviate additional burden on traffic and considered good for their mutual tenants.

Mr. Edwards agreed to discuss this with the engineer of the other project. He explained the reduction of 3,765 s.f. by removing bathrooms.

Fred Greenberg, Traffic Engineer, 355 Research Parkway, Meriden, Connecticut submitted a letter and traffic report dated 3/30/06

Tom Moreira, Architect, Framer Levine, 134 East Main Street, Norton, Massachusetts went through the details of the project.

Mr.O’Neil asked to hear from the public.

Mary Curran, 41 Cold Spring Road, Newtown, Connecticut was pleased to hear that there would be discussion about access from one mall to the other.

The hearing was continued.

MINUTES

Ms. Dean made a motion to approve Minutes of March 16, 2006 as amended. Seconded by Mr. Mulholland. The vote was unanimous.

Mr. Mulholland made a motion to adjourn. Seconded by Ms. Dean.

Mr. O’Neil Yes

Ms. Dean Yes

Ms. Brymer Yes

Mr. Mulholland Yes

Mr. Bloom Yes

Motion approved. The meeting adjourned at 11:13 p.m.

Respectfully submitted,

________________________

Lilla Dean, Secretary