Town of Newtown, CT Archive

7/20/06

MINUTES

Newtown Planning and Zoning Commission

Land Use Office Regular Meeting

31 Pecks Lane, Newtown, CT July 20, 2006

Present: Ms. Dean, Chair Pro Tem

Ms. Brymer, Secretary Pro Tem

Mr. Wilson

Alternates: Mr. Mulholland for Mr. O’Neil

Mr. Bloom for Mr. Poulin

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

EXECUTIVE SESSION

Ms. Dean made a motion to go into Executive Session to discuss GCS 8-24 referral regarding proposed acquisition of open space. Seconded by Mr. Bloom. The Commission came out of Executive Session at 7:55 p.m. Ms. Dean moved to approve the acquisition. Seconded by Mr. Bloom. The motion was approved 4-1.

MANDATORY REFERRAL

GC 8-24 referral from the Board of Selectmen concerning Toll Brothers donation of open space along the Pootatuck River to the Town of Newtown. Ms. Dean made a motion to accept the donation as discussed. Seconded by Mr. Bloom. The motion was approved 4-1.

PUBLIC HEARING (Continued)

APPLICATION BY PLAZA SOUTH LLC FOR AN AMENDMENT TO A SPECIAL EXCEPTION FOR A 64,000 SQUARE FOOT SHOPPING CENTER 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”

Peter Scott, Architect. 3871 Route 6, Brewster, New York addressed questions raised at the last meeting. Distributed an enhanced schematic of the loading area and teller window location. He answered questions from the Commission about roof line and traffic flow, particularly that of trucks.

Camille DeGalan, Esq., 30 Main Street, Danbury, Connecticut submitted a plan for road connecting with Sand Hill Plaza.

Mr. Scott showed the locations of the dumpsters and explained the planting plan. The lights would have acceptable glare and the sign was approved by the Design Review Board.

Paul Scalzo, 6 Stony Hill Road, Bethel, Connecticut noted that the lights would be on times and only half the lights would remain on when closed.

Ms. Dean asked to hear from the public.

Ray Ruzek, 10 Maltbee Road, Newtown, Connecticut wanted to know about the connector with Sand Hill Plaza.

Ms. Dean noted that there was nothing in the regulations that would force the issue, but there was an agreement in the file.

The hearing was closed at 8:30 p.m.

DISCUSSION AND POSSIBLE ACTION

APPLICATION BY SEVEN BERKSHIRE LLC FOR A TWO LOT SUBDIVISION OF 2.5 ACRES ND A SPECIAL EXCEPTION TO CONSTRUCT A 7,500 SQUARE FOOT BUILDING ON LOT A-2, 7 BERKSHIRE ROAD, SANDY HOOK, CONNECTICUT. ASSESSOR’S MAP #38, BLOCK #10, LOT #6

A procedural issue was noted that the Special Exception should have been under Subdivision Special Exception and the appropriate fee had been received.

Ms. Brymer moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Seven Berkshire LLC for a two lot re-subdivision of a 2,501 acre parcel of land as shown upon a certain map entitled “Proposed Subdivision Map, Parcel A, 7 Berkshire Road, Prepared for Seven Berkshire, LLC, CT RT #34, Newtown, CT”, Scale a” = 30’, dated October 24, 2005 for property located on the Assessor’s map #38, block #20, lot #6

SHALL BE APPROVED with the following stipulations:

1.~~~~~~~~~~~~~~~~~ That prior to filing the record map in the Newtown Land Records the recorded subdivision map shall be modified as follows:

a.~~~~ A note shall be added to lot A-1 and to A-2 as follows: “Upon the initial sale of this lot, a fee in lieu of open space in the amount of $21,250 shall be paid to the Town of Newtown”

b.~~~~ A note (#8) shall be added that states: “A fee in lieu of open space in the total amount of $42,500 shall be paid to the Town of Newtown for this subdivision. One half of the total fee shall be due upon the initial sale of each lot”

2.~~~~~~~~~~~~~~~~~ A fee in lieu of open space in the amount of $42,500 is accepted by the Commission for this subdivision. The applicant shall submit for approval, the lien documents for each of the two lots in order to secure the collection of the fee-in-lieu of open space. Each lien document shall state the lien amount of $21,250 will be paid by the applicant to the Town of Newtown at the time of the initial sale of each lot.

3.~~~~~~~~~~~~~~~~~ The applicant shall submit for approval the proper easement documents for each of the two lots. Each lot deed shall include a combined driveway easement and an easement for the parking for parcel A-1 upon parcel A-2.

BE IT FURTHER RESOLVED that the Commission finds that the subdivision will have no significant impact on the aquifer.

BE IT FURTHER RESOLVED that the application is consistent with the Subdivision Regulations and the Office Business B-2 zone.

Seconded by Mr. Mulholland

Vote: Ms. Dean Yes

Ms. Brymer Yes

Mr. Wilson Yes

Mr. Mulholland Yes

Motion approved

Ms. Brymer moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Seven Berkshire LLC For a special exception for the construction of a 7,500 square foot office building and related site work on lot A-2 for a maximum of three tenants as permitted pursuant to section 4.16.100 and a shown upon a certain set of drawings entitled “Proposed Site Development Plan, Parcel A, #7 Berkshire Road, CT RT #34” scale 1” = 20’ dated October 24, 2005 and revised 6/1/06 for property located on the Assessor’s map #38, block #10, lot #6.

SHALL BE APPROVED with the following conditions:

1.~~~~~~~~~~~~~~~~~ That the capacity of the septic system limits the number of persons that may occupy the site (lot A-2) to 39 persons as determined by the Newtown Health District. The owner of the property shall provide reports to the Newtown Health District as required to ensure that that limit is not exceeded.

2.~~~~~~~~~~~~~~~~~ That the parking that is dedicated for use by the tenants in Parcel A-1 shall be taken into account when determining the maximum number of employees that may occupy the site.

3.~~~~~~~~~~~~~~~~~ That the proposed site lighting shall be the minimum necessary to ensure safety, shall be consistent with dark sky objectives and shall not cause glare on or off the site

4.~~~~~~~~~~~~~~~~~ That note #6 on the approved site plan map shall be revised to reflect the proper size of the parcel A-2 which is 1.198 acres pursuant to the approved subdivision and the Zoning Chart shown on the Detail Plan

5.~~~~~~~~~~~~~~~~~ That the tenant signage as shown upon sheet A 101 shall not be internally or externally lighted.

6.~~~~~~~~~~~~~~~~~ That the property owner shall follow a policy for aquifer protection and 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.

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 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 un authorized 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 occur 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.

BE IT FURTHER RESOLVED that the Commission finds that with the proposed use 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 Office Business (B-3) zone and the Aquifer Protection District.

BE IT FURTHER RESOLVED that this approval shall become effective on August 4, 2006.

Seconded by Mr. Mulholland

Vote: Ms. Dean Yes

Ms. Brymer Yes

Mr. Wilson Yes

Mr. Mulholland Yes

Motion approved

PUBLIC HEARING

APPLICATION BY MARITZA IZQUIERDO FOR A TWO LOT RE-SUBDIVISION, 9.38 ACRES, 49 PARMALEE HILL ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #20, BLOCK #8, LOT #5

The hearing was opened at 8:45 p.m.

Ms. Brymer read the call for the hearing

Ms. Dean read the correspondence in the file and asked to hear from the applicant.

Alan Shepard, P.E. 415 Howe Avenue, Shelton, CT representing the applicant submitted return receipts of mailing cards. He also submitted maps showing the two rear lots and letters from Duke Energy: Gas Transmission dated 8/30/05 and Iroquois Gas Transmission System dated 7/7/05. He went through the application and explained the common driveway and storm water management. He left the open space to the discretion of the Commission, submitted “Alternate Open Space” dated 7/20/06.

Ms. Dean said that fee in lieu of open space is not an option. Mr. Mulholland asked if the driveway could be reconfigured. Mr. Wilson did not like to change regulations. Ms. Dean asked for better markers on the site.

Mr. Shepard asked to keep the hearing open to re-adjust the driveways.

A recess was called at 9:20 p.m.

The meeting reconvened at 9:25 p.m.

Ms. Dean asked to hear from the public.

Trisha Johnson, 12 Daniels Hill Road, Newtown, Connecticut was concerned about the current driveway, which is in poor condition and drainage.

Tara Greenshaw, Daniels Hill Road, Newtown, Connecticut expressed concern about drainage.

Mr. Shepard addressed the concerns. The proposed driveway meets current regulations and he explained how the water would turn and cross the road.

The hearing was left open.

PUBLIC HEARINGS

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO ADOPT “SANDY HOOK DESIGN DISTRICT DESIGN GUIDELINES” DATED JUNE, 2006.

The hearings were opened at 9:45 p.m.

Ms. Brymer read the call for the hearing.

Ms. Dean read the correspondence in the file.

Elizabeth Stocker, Director of Community Development distributed Appendix C “Design Advisory Board Ordinance” dated 9/1/04 and briefly explained the application. The First Selectman had asked if the hearing could remain open.

Ms. Dean asked to hear from the public.

Robert Accomando, 94 Walnut Tree Hill Road, Sandy Hook, Connecticut, representing Michael Porco, owner of various properties in the Sandy Hook Design District. He asked to sit down with the representatives of the Commission, Ms. Stocker and the new Design Board to tweak the guidelines

Ms. Dean thought it a good idea to go through the guidelines point by point.

Ray Ruzek, 10 Maltbee Road, Newtown, Connecticut wanted assurance that things would be done right. He did not like the quasi-board agency. He expressed surprise that there was no representation by the Design Advisory Board. Was pleased that the hearing would remain open.

Mike Daubert, 109 Church Hill Road, owner of 107 Church Hill Road and 1, Washington Avenue, Sandy Hook, Connecticut agreed that more time is needed to get public input

Susan Oberstat, 27 Walnut Tree Hill Road, Sandy Hook, Connecticut noted that Mr. Porco has done great things in the SHDD. Was glad the hearing would remain open stating that the Commission will need to work on the best way to get the people together.

Ms. Stocker noted that she, Ms. Brymer and Mr. O’Neil ad worked diligently with the consultants to clean up the regulations. They should get comments from the Police Commission and the State DOT because a State road is involved as well as the Fire Department.

Ms. Dean would like everything re-numbered and ready for a vote the next time the matter is heard.

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT SECTION 8.02.200, TRAFFIC IMPACT ANALYSIS, 8.02.220 SITE DESIGN AND ACCESS MANAGEMENT CRITERIA AND SECTION 8.02.230 ACCESS MANAGEMENT STANDARDS/

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT ARTICLE XI, SPECIAL EXCEPTIONS

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT ARTICLE VII, SECTION 8.03, PARKING, DRIVING AND LOADING STANDARDS.

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT SECTION 5 – PONDS AND DRAINAGE BASINS

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO ANEND THE ZONING REGULATIONS AT SECTION 6 – EXCAVATION

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT SECTION 15 – MINING REGULATIONS

The Commission addressed the above applications with the aid of a document entitled “Summary of the Proposed Zoning Regulation Amendments Newtown Planning and Zoning Commission Public Hearing – July 20, 2006”

Christian Qualey, 1 Cedar Circle, Newtown, Connecticut joint in the discussion.

The hearings would be continued at a later date.

Mr. Bloom made a motion to adjourn. Seconded by Mr. Wilson

Vote: Ms. Dean Yes

Ms. Brymer Yes

Mr. Wilson Yes

Mr. Mulholland Yes

Mr. Bloom Yes

The motion was approved.

The meeting adjourned at 11:22 p.m.

Respectfully submitted

____________________________

B. Jane Brymer, Secretary Pro Tem