MINUTES
Newtown Planning and Zoning Commission
~
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, CT July 6, 2006
~
Present: Mr. O’Neil, Chair
Ms. Dean, Secretary
Ms. Brymer
Alternates: Mr. Mulholland for Mr. Poulin
Mr. Bloom for Mr. Wilson
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
~
MANDATORY REFERRAL
~
MANDATORY REFERRAL FROM THE BOROUGH OF NEWTOWN FOR VILLAGE DISTRICT SPEECIAL EXCEPTION AND SITE DEVELOPMENT PLANS APPLICATIONS FOR 33 CHURCH HILL ROAD, NEWTOWN, CONNECTICUT
~
Kenneth Kuntz, 254 Old Zoar Road, Monroe, Connecticut, representing Raffie Aryeh, owner of the property at 33 Church Hill Road, Newtown, Connecticut explained their request. Bill Denlinger, Esq., 1 Washington Avenue discussed the proposal with the Commission. The Commission will submit a recommendation to the Borough Commission to look into the traffic flow situation.
~
PUBLIC HEARING (Continued)
~
APPLICATION BY PHIL BRAUN FOR AN AMENDMENT TO A SPECIAL EXCEPTION FOR CONSTRUCTION OF ADDITIONAL WAREHOUSE SPACE WITH ASSOCIATED IMPROVEMENTS, 46 BARNABAS ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #5, BLOCK #7, LOT #20-LOT 8
~
Matthew Skully, CCA, 40 Old New Milford Road, Brookfield, Connecticut went through the changes to the plans. Including a survey sheet and drainage calculations and reconfigured detention basin. There might be a technical flaw because this matter was warned as a special exception, but should have been for a site development plan.
~
~
~
~
PUBLIC HEARING
~
APPLICATION BY RAFFIE ARHEY FOR A THREE LOT SUBDIVISION, SERENE WAY (FORMERLY NEWTOWN HEIGHTS ROAD) NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #12, BLOCK #5, LOT #14 AND #12, MAP #12, BLOCK #5, LOT #4 AND #10 AND MAP #33, BLOCK #5, LOT #12
~
The hearing was opened at 8:09 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.
~
Bill Denlinger, Esq., 1 Washington Avenue, Sandy Hook, Connecticut addressed Ron Bolmer’s comments. Maps had been changed and bond estimates submitted.
~
Jay Keillor, P.E., Land Engineering Associates, 755 Main Street, Monroe, Connecticut distributed maps and explained the revisions.
~
There were no questions from the Commission or public.
~
The hearing was closed at 8:37 p.m.
~
PUBLIC HEARING
~
APPLICATION BY PLAZA SOUTH, LLC FOR AN AMENDMENT TO A SPECIAL EXCEPTION FOR A 64,000 SQUARE FOOT SHOPPING CNETER WITH AN ADDITIONAL 4,000 SQUARE FOOT BANK, SOUTH MAIN STREET AND COLD SPRING ROAD, NEWTOWN, CONNECTICUT AS SHOWN ON A CERTAIN MAP ENTITLED “INDEX PLAN PLAZA SOUTH, FAIRFIELD COUNTY, CT” DATED JANUARY 16, 2006, REVISED 3/25/06, SCALE “AS NOTED”
~
The hearing was opened at 8:40 p.m.
~
Mr. O’Neil read the correspondence in the file and asked to hear from the applicant.
~
Camille DeGalan, Esq., 30 Main Street, Danbury, Connecticut, representing the applicant explained the application.
~
Peter Scott, Architectural Engineer, 3871 Route 6, Brewster, New York went through the changes proposed which should have no additional impact. DOT requirements are not changed.
~
The Commission expressed concern about traffic flow and parking.
~
Ms. DeGalan addressed the connecting road which is not reflected on the map because the location has not been determined. She Submitted “Connecting Driveway Agreement” signed 5/11/06.
~
Mr. Scott showed architectural renderings.
~
Mr. O’Neil asked to hear from the public.
~
Tom Williams, 13 Kay Lane, Newtown, Connecticut asked about potential odor from the dumpsters and lighting.
~
Mary Curran, 41 Cold Spring Road, Newtown, Connecticut noted that there would be four lights on the back of the building. She was concerned about the visual impact on residents and asked if the teller would be open and/or lit over night.
~
Mr. Scott noted that there would be gables on the rear of the buildings. One of the rear lights can be removed.
~
The hearing was left open to answer outstanding issues.
~
A recess was called at 9:45 p.m.
~
The meeting reconvened at 9:51 p.m.
~
PUBLIC HEARINGS
~
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT SECTION 5.01 (R-2), SECTION 4.10.520 (EH-10 STREETS) AND SECTION 4.11 (B-1)
~
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT ARTICLE IV, SECTION 4.12.400 © PERTAINING TO RESIDENTIAL DENSITY IN THE SANDY HOOK DESIGN DISTRICT.
~
Ms. Dean read the call for the hearings.
~
The Commission discussed the proposed changes extensively.
~
The hearings were closed at 10:20 p.m.
~
ACTION
~
Ms. Dean moved the following:
~
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by the Newtown Planning and Zoning Commission to amend the Zoning Regulations at Section 5.01 (R-2) and Section 4.11 (B-!)
~
SHALL BE APPROVED, as follows:
~
1.~~~~~~~~~~~~~~~~~ Zoning regulations
a.~~~~ Section 5.01; Chart V-1 Minimum side and rear yard set back for R-2 and R-3 zones
b.~~~~ Change: Increase the set back to 50 feet from 25 feet.
~
2.~~~~~~~~~~~~~~~~~ EH-10 Zone
a.~~~~ Section 4.10.520 Private streets was tabled.
~
3.~~~~~~~~~~~~~~~~~ Zone B-1
a.~~~~ Section 4.11.700 through 4.11.900
b.~~~~ Changes:
~
4.11.700~~~~ A single building having less than 4,500 square feet of gross floor area is permitted subject to Site Development Plan approval. More than one permitted use may occupy the building provided that the maximum number of permitted uses does not exceed the building floor area divided by 1,000
~
4.11.800 A single building greater than 4,500 square feet and less than 10,000 square feet of gross floor area is permitted by Site Development Plan approval provided that said lot has at least 43,560 square feet in area and a minimum of 150 feet of frontage at the street line. More than one permitted use may occupy the building provided that the maximum number of uses does not exceed the building floor area divided by 1,000.
~
4.11.900~~~~ A single building greater than 10,000 square feet of floor area may be permitted after obtaining a special exception approval. Such an approval may be granted subject to the standards, criteria, conditions and procedures of a special exception application pursuant to Section 8.04 and provided the following criteria is satisfied:
~
(a)~~~~~~~~~~~~~~ The minimum lot area shall be computed proportionally as follows: for each 9,000 square feet of gross floor area the lot shall contain 43,560 square feet.
(b)~~~~~~~~~~~~~~ Lot frontage shall be equal to at least half the average depth of the lot, but not less than 150 feet.
(c)~~~~~~~~~~~~~~ Sufficient parking spaces shall be provided to accommodate all persons reasonably expected to patronize said business building at any one time, and shall not be more than twice the number of spaces required under 7.07.107
(d)~~~~~~~~~~~~~~ The requirements of Article V hereof shall otherwise be met except that the Commission may require wider buffers, wider side or rear yards and a deeper building setback than are otherwise required where needed to screen adequately adjacent residential zones, or to meet the standards set forth in 8.04, provided that structural coverage including parking and loading areas is not required to be reduced to less than 60 percent of lot area
(e)~~~~~~~~~~~~~~ The wall of the business building facing the street shall not be longer than 200 feet or twice the distance which it is set back from the street line, whichever is greater
(f)~~~~~~~~~~~~~~~~ Lot area shall not exceed ten acres unless all portions of the lot in excess of ten acres are excluded in determining maximum structural coverage permitted. (See 4.15.500 hereof for Shopping Centers)
(g)~~~~~~~~~~~~~~ The maximum gross floor area allowed for any single retail store or shop shall be limited to 40,000 square feet.
~
BE IT FURTHER RESOLVED that the changes are consistent with the POCD.
~
BE IT FURTHER RESOLVED that this approval shall become effective on July 17, 2006.
~
Seconded by Mr. Mulholland.
~
The Commission considered the changes are an added benefit to the town.
~
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. Bloom Yes
Motion approved.
~
MINUTES
~
Ms. Dean made a motion to approve the minutes of July 6, 2006 as amended. Seconded by Ms. Brymer. The vote was unanimous.
~
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. Bloom Yes
Motion approved.
~
The meeting was adjourned at 11:17 p.m.
~
Respectfully submitted,
____________________
Lilla Dean, Secretary
~
~
~
~
~
| 
