Town of Newtown, CT Archive

5/18/06

MINUTES

Newtown Planning and Zoning Commission

Land Use Office Regular Meeting

31 Pecks Lane, Newtown, CT May 18, 2006

Present: Mr. O’Neil, Chair

Ms. Dean, Secretary

Mr. Poulin

Ms. Brymer

Alternates: Mr. Mulholland for Mr. Wilson

Clerk: Ms. Wilkin

The meeting was opened at 7.37 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 as per CGS 8-3a(b) from the Borough of Newtown for a special exception for two additions of 1,571 s.f. to Building “B” and associated minor site improvements, Newtown Shopping Village, L.P., 6 Queen Street. Newtown, Connecticut

Joseph Casper, representing the Newtown Shopping Village LP, 5060 Main Street, Stratford, Connecticut explained the application including a description of the façade and parking. Although a pedestrian connection was not mentioned they were prepared to build a walkway connection to Church Hill Road when utility lines were installed underground. Ms. Dean moved to approve the referral. Seconded by Ms. Brymer. The vote was unaninious

DISCUSSION AND POSSIBLE ACTION

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

After discussing this application Ms. Dean moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Peter A. Spath Trust for modifications to two special exception approvals as follows:

as to 5 Dusty Lane (lot1): to enlarge the detention basin, pave an existing gravel parking area (6,600 s.f.) and provide a conservation and public access easement;

as to 8 and 17 Dusty Lane: to combine two lots forming a single lot (lot 2) of 2.8 acres, construct two additional commercial buildings including a 4,000 square foot building (#2) and a 5,000 square foot building (#3) for purposes of sheltering commercial vehicles and construction equipment and offices occupied by one or more business or professional entity in 2,000 s.f. minimum floor area units pursuant to Sections 4.18.440 and 4.18/470 of the Zoning Regulations and for parking areas including the parking of school buses

such improvements are shown on a certain set of drawings entitled “Overall Plan, Proposed Contractor’s Garages, 5, 9 and 17 Dusty Lane, Assessor’s Map #47, Block #11. Lots #16, #17 and #42, Newtown, Connecticut, prepared for the Peter A. Spath Trust” dated September 9, 2005 and revised last on 2/28/06, Scale 1”=30’

SHALL BE APPROVED with the following conditions:

1.~~~~~~~~~~~~~~~~~ That the conditions of the original special exception approvals and subsequent modifications shall continue to be in force;

2.~~~~~~~~~~~~~~~~~ That the two new buildings shall be sided with horizontal vinyl siding, shutters shall be added for the windows and the roofs shall be asphalt shingles;

3.~~~~~~~~~~~~~~~~~ That the driveway located on the southwestern side of 5 Dusty Lane shall be a one-way entrance only; that the middle shared driveway shall be a two-way driveway and the driveway located on lot 2 between buildings 1 and 2 shall be a one-way exit only and be narrowed to 18 feet. Traffic control signs shall be installed at all three driveways;

4.~~~~~~~~~~~~~~~~~ That traffic signs for “children playing” shall be installed on Dusty Lane;

5a. That the dumpsters shall be situated upon a concrete pad surrounded by a fenced and screened enclosure which shall be no less than the height of the dumpster. The dumpsters shall be covered at all times to prevent rain from entering them and trash from blowing out. Aquifer protection markers shall be posted on the enclosure as noted in #14 below;

5b. That before the record map will be accepted for filing all areas labeled open space/conservation easement will be re-labeled conservation easement and public access;

5c. That no earth material shall be removed from the site. Overburden on top of the aquifer shall remain in place. Cuts and fills shall be equal;

6.~~~~~~~~~~~~~~~~~ That no freestanding signs will be installed and only a non-illuminated tenant signs conforming to Section 6.03.320 of the zoning regulations will be permitted;

7.~~~~~ That prior to receiving a certificate of occupancy, the property owner shall file an aquifer protection policy with the Town of Newtown for best management practices to protect the aquifer. Such a 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. Such a policy shall include the name, title, address and phone number of the person who will be assigned the responsibility for enforcement and implementation of such a policy. 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 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;

8.~~~~~ That the policy for aquifer protection procedures and practices shall be posted in several locations where all employees and tenants of the premises can view it;

9.~~~~~ That the policy for aquifer protection procedures and practices shall be distributed by the owner or management company to all tenants of the premises along with any lease agreement.

10. That no multi-day 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 the applicant shall construct and maintain the septic system and storm drainage system in accordance with good engineering practice and best management practices. A reporting schedule shall be submitted to the Commission or its designee for monitoring the system;

14. 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);

15. That a 100% maintenance bond for the landscaping pursuant to Section 7.10.380 shall be submitted prior to the receipt of a certificate of occupancy.

BE IT FURTHER RESOLVED that the Commission finds that with the implementation of the conditions and best management practices that the proposed development and uses 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 Industrial (M-6) zone and the Aquifer Protection District)

Seconded by Mr. Poulin

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 JACK SAMOWITZ FOR A FOUR LOT SUBDIVISION, 40 AND 50 MILE HILL SOUTH, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #37, BLOCK #8, LOT #5

The applicant asked the Commission to defer from voting on this application till they have heard from DEP regarding contamination. The Commission agreed to postpone their decision till the matter is clarified.

DISCUSSION AND POSSIBLE ACTION

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.

Ms. Dean moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Robert Mastroni for an eight lot subdivision, 64, 66, 72 and 74A Hanover Road, 28.43 acres, as shown o a certain set of maps entitled “Resubdivision Plan Prepared for Hanover Heights, Hanover Road, Newtown, Connecticut” dated November 14, 2004 and last revised on 1/20/06, scale 1” = 80’ for property shown on the Assessor’s Map #25, Block #1, Lots #3 and #4 (parcels 3, 4, 5 & 6)

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 $613,450 shall be submitted to secure the installment of the following improvements:

Road improvements (including 30,000 gal fire suppression tank: $550,000

Lot Pin Bond $ 13,350

Street Trees $ 12,000

Open Space & Conservation Easement Markers $ 8,000

Detention Basin Plantings $ 10,000

Shared Driveway for Lots 4 and 5 $ 20,100

(b)~~ The record subdivision map shall be modified as follows:

i.~~~~~~~ Revise the Open Space Parcel A in the vicinity of the drainage easement between lots 2 and 3 making a better public access area and increasing the parcel to 2.09 acres and changing the lot areas of lots 2 and 3 as depicted on a map last revised on 3/14/06

ii.~~~~~ Add a conservation easement to the area of lot 8 where the existing shed will be removed. The area of the conservation easement is depicted as Parcel D, Open Space 0.80 acres on the 3/14/06 map

iii.~~~ Add a conservation easement on lot 7 along the slope near Hanover Road. The area of the conservation easement is depicted as Parcel C, Open Space 1.49 acres on the 3/14/06 map. The easement shall include a stipulation that the stone wall shall not be removed, it may be repaired and maintained and shall be repaired where necessary disturbance occurs for the installation of the drainage structures.

iv.~~~~ Add a note as follows: “The applicant/developer shall blaze a trail on the open space land and shall permanently field mark the trail”

v.~~~~~~ Add a note that states: “The applicant/developer shall permanently field mark the open space land and the conservation easements”.

2.~~~~~~~~~~~~~~~~~ The applicant/developer shall blaze and mulch a trail on the open space parcel and shall permanently field mark the open space land and conservation easements during site preparation and prior to the issuance of a building permit for any of the lots. The markers will permit potential homebuyers and the public to visually identify the easements and open space land. The Conservation Commission shall specify the marker type and locations for the markers.

3.~~~~~~~~~~~~~~~~~ The applicant/developer shall submit lien documents suitable for filing in the land records for each of the eight lots to secure the fee-in-lieu of open space. The lien documents shall state the lien amount of $8,625 will be paid by the applicant/developer to the Town of Newtown at the time of sale of the lot. The total fee in lieu of open space shall be $69,000.

4.~~~~~~~~~~~~~~~~~ The applicant shall incorporate all recommendations contained within the September 9, 2005 letter from Dr. Clarence Welti, PE, PC, shall have the rod work monitored by the geotechnical engineering during construction and shall report any issues and/or additional recommendations to the Town Engineer throughout the construction and stabilization of the project.

5.~~~~~~~~~~~~~~~~~ The applicant/developer shall permanently field mark the boundaries of the open space land and conservation easements on every lot. Such markers shall be installed during site preparation and prior to the issuance of a building permit for any of the subject lots to permit potential homebuyers and the public to visually identify the easements and open space land. The location of the open space and easement markers shall be approved by the Planning and Zoning Commission and the marker types shall be specified by the Conservation Commission.

6.~~~~~~~~~~~~~~~~~ The applicant/developer shall try to preserve as many of the existing stone walls and healthy large trees as possible in the development of the lots.

7.~~~~~~~~~~~~~~~~~ The applicant/developer is encouraged to preserve or have preserved the existing barn.

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 No

Mr. Mulholland Yes

Motion approved

PUBLIC HEARING (Continued)

APPLICATION BY DAUTI CONSTRUCTION LLC FOR (1) AMENDMENT TO THE NEWTOWN ZONING REGULATIONS; (2) REZONING OF 4.4 ACRES; (3) SPECIAL EXCEPTION APPROVAL AND (4) CONSTRUCTION PERMIT/SPECIAL PERMIT FOR INCIDENTAL EXCAVATION, EDONA COMMONS RESIDENTIAL DEVELOPMENT, 95 CHURCH HILL ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #39, BLOCK #1, LOTS 10/11

The applicant was represented by Ryan McKain, Shipman & Goodwin, 1 Constitutional Plaza, Hartford, Connecticut; Robert Aldridge, Architect, 13 East Pembroke Road, Danbury, Connecticut; Donald Tone, Frederick P. Clark Associates, Inc., 41 Ruane Street, Fairfield, Connecticut; Steve Trinkaus, P.E., Trinkaus Engineering, 437 Box Hill Road, Southbury, Connecticut and Tim Pelton, Holdsworth Pelton, 1224 Mill Street, East Berlin, Connecticut.

Additional information was distributed. The Wetlands Commission had approved the application, although the Water Company would not make a decision till their meeting scheduled for June 8, 2006. Schematics of the buildings were submitted. They had followed up on traffic counts and school bus policies. The on site sewage was explained, but nothing had been submitted to the sewer authority. Catch basins will prevent pollution and there should be no adverse affect on the aquifer. Safety and emergency vehicle access was explained. Comments addressing issues raised by staff. There was an issue of the validity of a lot line.

A recess was called at 10:01 p.m.

The meeting reconvened at 10:12 p.m.

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

Ernestine Dillon, 110 Hayley Lane, Sandy Hook, Connecticut asked for a comparison with Riverview. She was concerned about the closeness to her unit, left turning traffic and restrictions on pets.

Megan Williams, 82 Church Hill Road, Sandy Hook, Connecticut noted that the trees and barn depicted on a submitted photograph would be removed before construction so the buildings would be visible. The Traffic Commission tabled the issue for more information. She asked for an independent traffic study. A letter dated 5/18/06 was submitted. She asked that the zone not be changed.

Emily Cassidy, 157 Jennifer Lane, Sandy Hook, Connecticut pleaded to have the application denied. She noted the impact on the town paying for additional school children.

Bill Jensen, 171 Jennifer Lane, Sandy Hook, Connecticut asked about the fire wall in the buildings.

Agnes Jensen, 171 Jennifer Lane, Sandy Hook, Connecticut submitted a letter asked to reject the application. She was concerned about children wandering into their community.

Elizabeth Paes, 167 Jennifer Lane, Sandy Hook, Connecticut expressed concern about the affect this would have on the Village. She wanted the trees kept.

Linda Jones, 16 Walnut Tree Hill Road, Sandy Hook, Connecticut noted that a second access for Walnut Tree Hill Village at this location was denied due to the steepness of the land. She was also concerned about the traffic and school buses. She asked that the application be denied.

Kevin Fitzgerald, 24 Old Farm Hill Road, Sandy Hook, Connecticut submitted a letter dated 5/18/06. He noted the problem with the lot line was still outstanding, which might make this application moot. He requested sidewalks to Sandy Hook Center and preservation of the barn and asked how it addresses POCD issues.

Morgan McLaughlin, 14 Alberts Hill Road, Sandy Hook, Connecticut asked the Commission to deny the application. The Sewer Commission meeting ended with an unclear conclusion. A 20 ft easement was not indicated on the maps. A copy of the contract between the applicant and the current landowner Vol. 847. Page 185 #3364 was submitted.

Mary Fellows, 120 Walnut Tree Hill Road, Sandy Hook, Connecticut noted that this is the third attempt to develop this site and considered it a waste of people’s time. She noted that the applicant does not own all the land at this time.

The representatives addressed the issues raised and asked if the hearing could be left open in order to hear from the Police and Sewer Commissions.

Emily Cassidy submitted an undated letter.

The hearing was continued till June 15, 2006.

CORRESPONDENCE/COMMUNICATIONS

Ms. Dean suggested a special meeting to take care of business. The date and time would be decided upon later.

Mr. Poulin made a motion to adjourn. Seconded by Mr. Mulholland

Vote: Mr. O’Neil Yes

Ms. Dean Yes

Mr. Poulin Yes

Ms. Brymer Yes

Mr. Mulholland Yes

Motion approved.

The meeting adjourned at 11:27 p.m.

Respectfully submitted

_________________________

Lilla Dean, Secretary