MINUTES
Newtown Planning and Zoning Commission
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Land Use Office Regular Meeting
31 Pecks Lane, Newtown, CT April 20, 2006
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Present: Mr. O’Neil, Chair
Ms. Dean, Secretary
Mr. Poulin
Ms. Brymer
Alternates: Mr. Mulholland
Mr. Cruz for Mr. Wilson
Mr. Bloom
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Clerk: Ms. Wilkin
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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
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PUBLIC HEARING
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APPLICATION BY BASHERT DEVELOPERS, LLC FOR AN AMENDMENT TO A SPECIAL EXCEPTION FOR THE CONSTRUCTION OF 132 CONGEGATE AGE-RESTRICTED RESIDENTIAL UNITS AND 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
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Jim White, Esq., 181 Hammertown Road, Monroe, representing the applicant submitted letters from the Fire Marshal, Heitkamp, tested the water and Fred P. Clark to Michael Galante regarding the road turning radius all dated April 19, 2006. There was no letter from the Police Commission on file.
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David Dickson, Milone and MacBroom, Architects, Cheshire, Connecticut, addressed the center line radius with the aid of a cross section. They plan to post 15 mph signs and there will be minimal parallel parking. He went on to explain the pedestrian walk, sidewalks, lighting and trees. There would be limited access for residents and visitors. Revised maps addressing staff comments were submitted
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Conrad Roncati, Architect, 935 River Road, Edgewater, New Jersey went into design detail with the aid of overhead slides. Revised drawings dated 4/20/06 were submitted. A schematic by TSF Engineering showing the 5 year progression of tree growth from was submitted
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Mr. Dickson addressed concerns such as tree buffer and shielding lights on decks. A letter addressing drainage was submitted. They would be attending the Sewer Commission meeting next week.
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Burt Dorfman, 150 North Broadway, Nyack, New York asked to report on the laundry facility.
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Mr. O’Neil asked to hear from the public.
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Barbara Herman, 48 Jo Al Court, Newtown, Connecticut asked for clarification on how long the project will take to build. She was concerned about possible zone change.
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Anthony Salvato, 19 Franklin Court, Newtown, Connecticut expressed concern about traffic illumination and asked if the buildings meet handicapped standards.
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Charlie Merrified, 26 Pocono Road, Newtown, Connecticut expressed concern about building #5, lowering of the burm and the height of the trees
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Mark Rees, 3 Pocono Road, Newtown, Connecticut did not think house values would be affected. His concern was safety.
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Mr. Dickson addressed the burm, stating that three to five feet of material would be removed. The trees would be 12-14ft high. He asked if the hearing could remain open in order to hear from the Sewer Commission.
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Mr. O’Neil agreed to hold the hearing open.
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PUBLIC HEARING
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APPLICATION BY JACK SAMOWITZ FOR A FOUR LOT SUBDIVISION, 40 AND 50 MILE HILL SOUTH, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #37, BLOCK #8, LOT #5
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The hearing was opened at 8:30 p.m.
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Ms. Dean read the call for the hearing
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Mr. O’Neil read the correspondence in the file and asked to hear from the applicant.
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Richard Contois, L.S., L. Edwards Associates, 227 Stepney Road, Easton, Connecticut explained the application. The lots would be approximately 2 ½, 3 ½, 8 ½ and almost 9 acres with remaining 17 acres for open space. Revised plans were submitted addressing staff comments. A letter indicating the $30,000 bond estimate dated 4/18/06 was submitted.
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Mr. O’Neil asked about the plume of contamination on the site and what risk of contamination would there be.
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Michael Sussure, 61 Mile Hill Road South, Newtown, Connecticut asked if the applicant has an EIS (Environment Impact Statement). His concerns included wildlife, the flow of contaminants into the neighboring wells.
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Herb Mapen, 2 Nunnewauk Lane, Newtown, Connecticut asked for an explanation of the plume.
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Vincent Yard, 53 Mile Hill Road, Newtown, Connecticut has a severely contaminated well and would appreciate waiting for test results.
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Mr. Contois addressed the comments.
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The hearing was closed at 8:46 p.m.
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A recess was called.
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The meeting reconvened at 8:56 p.m.
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PUBLIC HEARING
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APPLICATION BY ROBERT MASTRONI FOR AN EIGHT LOT SUBDIVISION, 64, 66, 72 AND 74A HANOVER ROAD, NEWTOWN, CONNECTICUT, MAP #25, BLOCK #1, LOTS 3, 4, 5 AND 6.
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Ms. Dean read the call for the hearing
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Mr. O’Neil read the correspondence in the file and asked to hear from the applicant.
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Robert Hall, Esq., 43 Main Street, Newtown, Connecticut, representing the applicant submitted an affidavit of mailing following the old procedure. He went through the history of the property and the open space that was previously offered as fee in lieu. This application is identical in design except it includes 15% open space.
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Alan Shepard, P.E., Nowakowski, O’Brymachoe & Kane, 415 Howe Avenue, Shelton, Connecticut submitted revised maps showing the open space. Drainage calculations remain the same. They would be willing to work with the town on the trails and conservation easement. Some people have expressed interest in purchasing the barn. The Open Space Committee approved the plan.
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Mr. Hall read his letter dated 4/19/066 and regulation 4.05.240.
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Robert Mastroni, 468 Hammertown Road, Monroe, Connecticut, applicant confirmed that the barn would be preserved. He had received numerous calls asking for it.
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Mr. O’Neil asked to hear from the public.
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Kevin Fitzgerald, 24 Old Farm Hill Road, Newtown, Connecticut stated that the public had no chance to look at the maps, expressing surprise that there was no formal application. A lot of people are unfamiliar with the project. He felt previous complaints need re-visiting. Wells and foundations are put at risk. Among other things he expressed concern about trees, stone walls, wild life, steep slopes and blasting. Suggested building fewer lots. He said that the fragmented open space sets a bad precedent.
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Martin Blanco, 8 Pleasant Ridge, Newtown, Connecticut said he moved to Newtown because he was told of the desire to conserve the character. Asked now building on steep slopes could be reconciled.
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Barbara Baron, 2 Orange Pippin Rod, Newtown, Connecticut was concerned about open space and scarring of the land. This was a total disregard of the POCD and considered the barn important and historically significant.
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Susan Oderwald, 76 Hanover Road, Newtown, Connecticut agreed with the previous speaker.
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Lauren Liniger, 51 Horseshoe, Newtown, Connecticut asked if the open space requirement had been met. She suggested building fewer homes. She was concerned about blasting and the subsequent effect on wells and septics.
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Robin Fitzgerald, 74 Old Farm Road, Newtown, Connecticut wants the open space to be in the forefront of priority. She wants the barn left. She asked how the public concerns would be addressed. She felt the application was not appropriate with the land and should be turned down. She would back the Commission up if rejected.
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Joel Faxon, 38 Old Farm Hill Road, Newtown, Connecticut agreed with Mr. Poulin’s statement regarding the ratio of good land to bad.
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Mr. O’Neil addressed the general questions raised. He said that the land owner has rights which have to balanced with the rights of the town. The Commission cannot dictate a lot of things not handled under the regulations. The POCD us not referred to in Court.
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Mr. Hall addressed the comments. They propose eight homes on 28 acres in a two-acre zone. They must meet subdivision regulations. The previous application was withdrawn due to a technical problem. The value of the open space is in this file.
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Mr. Shepard addressed the comments regarding density and water table. The applicant agreed to go with any geologist chosen by the Wetland Commission.
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The hearing was closed at 10:56 p.m.
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Ms. Dean made a motion to adjourn. Seconded by Mr. Cruz
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Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Cruz Yes
Motion approved.
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The meeting adjourned at 10:58 p.m.
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Respectfully submitted
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______________________
Lilla Dean, Secretary
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