Town of Newtown, CT Archive

4/11/06

MINUTES

Newtown Planning and Zoning Commission

Land Use Office Special Meeting

31 Pecks Lane, Newtown, CT April 11, 2006

Present: Mr. O’Neil, Chair

Ms. Dean, Secretary

Ms. Brymer

Alternates: Mr. Mulholland sat for Mr. Wilson

Mr. Cruz sat for Mr. Poulin

Clerk: Ms. Mazur

The meeting was opened at 2:40 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

DISCUSSION AND POSSIBLE ACTION

Application by Thomas Swan for a special exception to construct a 7,430 square foot building and related site improvements for the Black Swan Hearth & Gift Shop, pursuant to Sections 4.11.100 and 4.11.800 of the Zoning Regulations and the aquifer protection district.~ The development plan is shown on a certain set of plans entitled “Black Swan Hearth & Gift, 182 South Main Street, CT Route 25, Newtown, Connecticut” the Site Layout Plan is dated 12/14/2005, last revised 03/29/06, scale 1” = 20’, for property shown on the Assessor’s Map 36, Block 14, Lot 11

Mrs. Dean moved the following:

SHALL BE APPROVED with the following conditions:

1.~~~~~ That if the sign detail shown on the “Improvement Location Survey” is the sign that currently exists, then it may remain and shall be maintained in good condition.~ Any new signs shall be sized and located to comply with Article VI specifically in terms of height and the size (free standing sign max. 10 s.f.).~ All signs upon the premises shall not be internally lighted and if any exterior sign lighting is planned, it shall not impact motorists’ vision by glare and shall meet dark shy objectives.

2.~~~~~ That prior to receiving the initial certificate of occupancy for the building, the property owner shall develop and submit to the Commission, a policy for best management practices for the property.~ Such 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 and if applicable, included within the lease for any tenant.~ Such a policy shall include the name, title, address, and phone number of the person who will be assigned the responsibility for enforcement of and implementation of such a policy.~

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.

3.~~~~~ That the policy for aquifer protection procedures and practices shall be posted in a location where all employees and tenants, if applicable, of the premises can view it;

4.~~~~~ 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 all lease agreements.~

5.~~~~~ The dumpster shall continue to be located within a permanent enclosure that will completely screen it from view and the dumpster shall be covered at all times.~ A permanent marker shall be installed on the dumpster enclosure alerting tenants, employees and the carting service that the property is located in an aquifer protection district and that unauthorized materials or dumping of hazardous materials is strictly prohibited and that the dumpster is to remain covered at all times.~ In addition, a sign shall identify the designated contact person and phone number to call in the event that a spill occurs or if the dumpster is overflowing.~

6.~~~~~ That no permanent outside storage of commercial vehicles or construction equipment shall be permitted upon the premises;

7.~~~~~ That no maintenance of any commercial vehicles or construction equipment shall be conducted upon the premises;

8. 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.

9. All lighting will comply with “Dark Skies” regulations.

BE IT FURTHER RESOLVED that the Commission finds that with the implementation of the above conditions that the proposed site development 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 Business B-1 zone and the Aquifer Protection District.

Ms. Brymer seconded the motion.

Vote Mr. O’Neil Yes

Ms Dean Yes

Ms. Brymer Yes

Mr. Mulholland Yes

Mr. Cruz Yes

Motion carried.

DISCUSSION AND POSSIBLE ACTION

Application by E & R Commercial, LLC for a special exception to construct a 24,175 square foot building, on lot 9, 10 Turnberry Lane, Newtown, CT., pursuant to Section 4.18.480 of the Zoning Regulations where up to five principal uses may occupy the premises subject to the conditions set forth in 4.18.600 to 4.18.680 and the aquifer protection district.~ The development plan is shown on a certain set of plans entitled “E & R Commercial, LLC, Lot 9, Turnberry Lane, Newtown, Connecticut” dated October 5, 2005, revised 1/30/06, 2/10/06, and 3/17/06, scale 1” = 20’, for property shown on the Assessor’s Map 45, Block 3, Lot 33-CT9.

Ms. Dean moved the following:

SHALL BE APPROVED with the following conditions:

1.~~~~~ That at least half of the white pines proposed in the landscaping plan shall be a different species of ever green trees which shall be distributed throughout the site to provide diversity in the planting scheme.~ All evergreen trees in the planted buffer to the rear of the building adjacent to the residential zone shall be a minimum of twelve feet (12’) in height.~ In addition, the mixture of evergreen trees to be planted along the side of the building adjacent to lot 7 shall be a minimum of ten feet in height.

2.~~~~~ That the easements for the common driveway shall be incorporated into the deeds for lot 9 and lot 11 shall be filed in the land records before a building permit is issued.

3.~~~~~ That site grading shall be consistent with the original subdivision approval, that easements for offsite grading shall be executed and that all plans shall be consistent to the satisfaction of the Town Engineer before a building permit is issued.

4.~~~~~ That the Commission accepts the applicant’s statements at the March 16, 2006 hearing concerning compliance with the Design Advisory Board recommendations.

5.~~~~~ That prior to receiving a certificate of occupancy for the initial and any subsequent tenant, an aquifer impact assessment for each individual tenant shall be filed with the zoning enforcement officer pursuant to the requirements of Section 4.04 of the zoning regulations.

6.~~ That prior to receiving the initial certificate of occupancy for the building, the property owner shall develop and submit to the Commission, a policy for best management practices for the property.~ Such 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 and included within the lease for each tenant.~ Such a policy shall include the name, title, address, and phone number of the person who will be assigned the responsibility for enforcement of and implementation of such a policy.~

7.~~ 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;

8.~~ 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 all lease agreements.~

9.~~~~~ The dumpster shall be located within an enclosure that will completely screen it from view and the dumpster shall be covered at all times.~ A permanent marker shall be installed on the dumpster enclosure alerting tenants, employees and the carting service that the property is located in an aquifer protection district and that unauthorized materials or dumping of hazardous materials is strictly prohibited and that the dumpster is to remain covered at all times.~ In addition, a sign shall identify the designated contact person and phone number to call in the event that a spill occurs or if the dumpster is overflowing.~

10.~~~~~ That no permanent outside storage of commercial vehicles or construction equipment shall be permitted upon the premises;

11.~~~~~ That no maintenance of any commercial vehicles or construction equipment shall be conducted upon the premises;

12.~~~~~ 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;

13.~~~~~ That any wall signs or directory sign shall not be internally illuminated.~ Illumination shall not cause glare and shall be consistent with dark sky practices.

BE IT FURTHER RESOLVED that the Commission finds that with the implementation of the above conditions that the proposed site development will have no significant impact on the aquifer.

BE IT FURTHER RESOLVED that the application is consistent with the Industrial M-4 zone and the Aquifer Protection District.

Mr. Mulholland seconded the motion.

Vote Mr. O’Neil Yes

Ms Dean Yes

Ms. Brymer Yes

Mr. Mulholland Yes

Mr. Cruz Yes

Motion carried.

CONTINUATION OF PUBLIC HEARING

Application by Bashert Developers, LLC for an amendment to a special exception for the construction of 132 congregate 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

Attorney Jim White presented a letter from United Water Company (Exhibit A), Bond Estimate (Exhibit B), response to Town Engineer’s comments (Exhibit C), response to Ms. Stocker’s comments (Exhibit D) and a lighting drawing (Exhibit E). Mr. White said that the Police Commission has no outstanding issues and is expecting a letter for the file. He said that a meeting was held on April 7 with the Fire Marshal and Fire Chief and is waiting for a letter from them. Bashert will meet with the Water and Sewer Authority (WSA) on April 27. They were advised by Mr. Hurley that there is capacity in the Hawleyville District. Mr. Mulholland said that the units are twice the size as what was originally approved. Mr. White said that the WSA is aware of this.

Burt Dorfman, member of Bashert Developers, 51 North Brooklyn, Nyack, New York said that the efficiency kitchens now meet the regulations at a size of 8x9 feet. He said that the EH 10 regulations section 4.10.210G refers to a laundry room in building. He feels that a laundry room in each unit is not a facility. Mr. O’Neil said that Bashert can change the regulations or be turned down. Mr. Dorfman said that surface drainage into the sewer system in the parking lot will be covered. Mr. Dorfman said that plans were revised so that no portion of a building is more than ten feet below average finished ground level. The garages are at ground level in the front and at grade in the back. The buildings are now 25.9 feet high in the front and 42 feet high in the back. Mr. Dorfman said that Liberty at Newtown was measured from the basement as the ground level.

Conrad Roncati, architect, 935 River Road, Edgewater, New Jersey, said we reduced the pitch of the roof and brought the height and ridgeline down on the building that can be seen from Pocono Road. The large gable roof was replaced with a flat roof for a 30% reduction in mass and 40% reduction in the building.

David Dickson, Milone and MacBroom, said that the berm will not be lowered. The grade would be lowered eight feet and people would see the top of the building when leaves are off the trees.

Mr. Roncati said that 1 ½ stories of the building will be visible from Pocono Road until the evergreens are in place then ½ story will be visible.

Mr. Dorfman said we could add four more feet to the berm.

Mr. Roncati said that the lighting would have a five foot spillage from the edge of the building. Mr. Roncati said that the parking garage will have a ventilation system with eight small fans on the deck or side exhaust points. He said that they will rarely come on.

Mr. Dickson said that the revised plans provide 21% coverage and 25% is permitted.

Mr. O’Neil questioned the fact that the same acreage was used for calculations on all locations on the site.

Mr. Dickson said that there would be 14 foot height for emergency vehicles to go under the walkways and that the access road will be maintained. He said that these comply with the town Road Ordinance. Mr. O’Neil asked that the turns that do not comply with the road ordinance be identified. Mr. Dickson said there is a color map showing the revised left turn lanes. He said that the Fire Marshal was satisfied that vehicles passing each other will not have to cross over the center line. Mr. Dickson said that a stop sign and stop bar before entering beneath the deck are proposed. The lighting will be 80 feet on center and will provide an average of ½ to 1 foot candle. He said that a mall has an average of 15 foot candles. No light will go off the property.

Mr. Dorfman said that the pressure of the fire hydrants will be checked at the request of the Fire Marshal. A fire gate will be placed.

Alan Litt, Bashert Developers, explained that the potential client is an evolving person and that clients want this size home, not something much smaller. Storage space is being provided. This will be a community that provides socialization. Mr. White said that in Fairfield their existing units are expanding. Mr. Litt said that at the request of the Fire Marshal the garbage disposal containers were removed.

Mr. Mulholland asked if a fire door could be imbedded in a wall because the only exit is through the kitchen to the front door. Mr. Roncati said we could consider more of a concentration of sprinkler heads near the kitchen and that each room is sprinklered.

Mr. Dorfman said that a laundry closet in each unit is desired by the applicant.

Mr. O’Neil announced that the public hearing will continue on Thursday April 20, 2006 at 7:30 p.m. at 31 Pecks Lane.

At 4:40 p.m. Ms. Dean made a motion to adjourn.

Seconded by Mr. Mulholland.

Vote: Mr. O’Neil Yes

Ms. Dean Yes

Ms. Brymer Yes

Mr. Mulholland Yes Mr. Cruz Yes

Motion approved.

The meeting adjourned at 4:40 p.m.

Respectfully submitted,

______________________

Lilla Dean, Secretary