Town of Newtown, CT Archive

8/3/06

MINUTES

Newtown Planning and Zoning Commission

Land Use Office Regular Meeting

31 Pecks Lane, Newtown, CT August 3, 2006

Present: Mr. O’Neil, Chairman

Mr. Wilson, Vice Chair

Ms. Dean, Secretary

Mr. Poulinr,

Ms Brymer

Alternates: Mr. Mulholland

Mr. Bloom

Clerk: Ms. Wilkin

Also present: Elizabeth Stocker, Director of Community Development

The meeting was opened at 7:34 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 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”

Ms. Dean moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Plaza South LLC, for an amendment to a special exception approval to construct a 68,000 square feet shopping center on South Main Street, Newtown, Connecticut shown on a certain set of drawings that are listed on the Index Plan for Plaza South, Fairfield County, CT dated January 16, 2006 and last revised 7/11/06, for property located on the Assessor’s map #36, block #14, lot #1

SHALL BE APPROVED with the following conditions:

1.~~~~~~~~~~~~~~~~~ That all of the conditions as contained in the original approval of April 21, 2005 shall remain in effect with the following exceptions:

·~~~~~~~ That condition #11 shall be revised to read:

11.~~~~~~~~~~~~ That the applicant shall submit a complete and detailed signage plan for the entire shopping center to the Commission for its review and approval. Such signage plan shall include the locations, style, sizes, dimensions and lighting for all site signage. Building elevations that illustrate sign placement, size and style for all wall signs shall be submitted with the signage plan. The signage plan shall be tasteful, complementary to the architectural design of the buildings within the center and shall have consistent details that tie the various shops and businesses within the center together as a single project thereby complementing the shoppers’ experience. As with the original approval of April 21, 2005, the ground sign is the preferred signage for the main entry. No signage shall be installed upon the site until approval by the Commission.

·~~~~~~~ That condition #12 which imposed certain limits upon the establishments that occupy the shopping center shall be deleted pursuant to the applicant’s request however, the applicant shall be mindful that the limitations of the aquifer protection district and the on site sewer system continue to be in effect.

2.~~~~~~~~~~~~~~~~~ That the Commission shall reserve its authority to require additional plantings and landscaping treatment around the perimeter of the site. The applicant is advised to consider the prominence of the site upon the South Main Corridor and is invited to review the landscaping plan and treatments with the Commission prior to its installation to be sure that the Commission’s concerns for adequate screening and streetscaping are appropriately addressed.

3.~~~~~~~~~~~~~~~~~ To restrict the path of delivery/truck traffic to a counter-clockwise flow behind the buildings and appropriate signage be indicated.

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.

BE IT FURTHER RESOLVED that this approval shall become effective on August 14, 2006..

BE IT FURTHER RESOLVED that the application as modified is consistent with the Subdivision Regulations and the M-6 zone.

Seconded by Mr. Mulholland

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 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 presented the changes and modifications to the plans.

It is noted that due to a clerical error the application was originally accepted as a special exception but should have been for a site development plan. All aspects of the application remain the same.

Ms. Dean moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Phil Braun for a site development plan to construct a 80,945 square feet of additional warehouse space and improvements to the site as shown on a certain set of drawings entitled “Site Development Plan Prepared for K.I.M. Properties, LLC, Lot 8 – Hawleyville Industrial Park, 46 Barnabas Road, Newtown, CT” dated March 6, 2006 and last revised on 7/19/06, scale 1” = 40’ for property located on the Assessor’s map #5, block #7, lot 20-lot8

SHALL BE APPROVED with the following conditions:

That the septic was designed for a warehouse and small office area with a maximum of 25 employees. Should the use of the building change or the number of employees increase above the design limits, the owner shall seek appropriate upgrades and/or permits as determined by the Town of Newtown.

BE IT FURTHER RESOLVED that the application is consistent with the States for site development plan and the M-1 zone.

BE IT FURTHER RESOLVED that the Commission finds that the standards and criteria for a site development plan have been met pursuant to Sections 9.01.600 through 9.01.690 and the application to be consistent with the M-1 zone.

BE IT FURTHER RESOLVED that this approval shall become effective on August 14, 2006..

Seconded by Mr. Poulin

Vote: Mr. O’Neil Yes

Mr. Wilson Yes

Ms. Dean Yes

Mr. Poulin Yes

Ms. Brymer Yes

Motion approved.

DISCUSSION AND POSSIBLE ACTION

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

Ms. Dean moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Raffie Aryeh for a three lot re-subdivision, 87.8705 acres, as shown upon a certain map entitled “Resubdivision Map of Newtown Heights – Phase 1A, Eden Hill Road & Serene Way, Newtown, Connecticut” dated January 12, 2006 and revised on 6/21/06, scale 1” = 100’, as shown on the Assessor’s map #12, block #5, lot #4 and 10 and map #33, block #5, lot #12

SHALL BE APPROVED, with the following conditions:

1.~~~~~~~~~~~~~~~~~ That prior to fining the record map in the Newtown Land Records:

a.~~~~ It shall be revised to show a temporary public access easement on lot 15R extending from the end of the cul-de-sac near the accessways for lots 15A and 15B. The temporary public access easement shall be 15 feet wide and shall be appropriately located to provide a train connection from the road to the trail on the open space land. The temporary easement shall remain in effect until such a time that lot 15R is re-subdivided again. A note for the temporary easement shall be added to the map.

b.~~~~ Provide a bond of $51,100 shall be submitted to cover common driveway, fire suppression tank and lot pins.

2.~~~~~~~~~~~~~~~~~ That the deed for lot 15R shall reflect the presence of the temporary public access easement.

3.~~~~~~~~~~~~~~~~~ That the applicant/developer shall field mark the temporary access trail for access to the open space land during site preparation and prior to the issuance of a building permit for any of the new lots to permit potential homebuyers and the public to visually identify the public access trail to the open space land. The Conservation Commission shall specify the marker type and locations for the markers.

BE IT FURTHER RESOLVED that the application, as modified, is consistent with the Subdivision Regulations and the F&R 2 and F&R 3 zones.

BE IT FURTHER RESOLVED that this approval shall become effective on August 14, 2006.

Seconded by Ms. Brymer

Vote: Mr. O’Neil Yes

Ms. Dean Yes

Mr. Poulin Yes

Ms. Brymer Yes

Mr. Bloom Yes

Motion approved.

DISCUSSION AND POSSIBLE ACTION

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

Ms. Dean moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Dauti Construction LLC for amendments to the Newtown zoning regulations creating a new zone entitled “Mixed Income Housing District (MIHD”

SHALL BE DISAPPROVED

The proposed amendments are not acceptable to the Commission. The following factors were considered by the Commission in reaching its decision to disapprove the proposed amendments:

1.~~~~~~~~~~~~~~~~~ The Town of Newtown currently has zoning regulations that allow affordable housing developments (AHD) upon the approval of a special exception application. The Town’s current AHD regulations are consistent with the State of Connecticut affordable housing appeals act and the Newtown Plan of Conservation and Development. The current AHD regulations require affordability set aside standards that mirror the CT General Statutes Section 8-30g. The proposed amendments do not meet the same standards for affordable housing developments as they do not provide housing for those making 60% or less of the area or statewide median income.

2.~~~~~~~~~~~~~~~~~ The proposed MIHD regulations establish a greater density of residential development (8 units per acre) than that which is currently permitted with the Town of Newtown. (AHD & SHDD allow 4 units per acre, EH-10 allows 3.5 units per acre, HCDD allows 2 units per acre). The proposed regulations are not consistent with the Newtown Plan of Conservation and Development as it pertains to desired residential density and population density within the community.

3.~~~~~~~~~~~~~~~~~ The proposed MIHD regulations would achieve greater density allowances within the town, lessen the buffer requirements for higher density developments from the neighboring properties and change the character of d development within the community. Specific comparisons between the proposed MIHD and the standards currently in place (refer to AHD) which this Commission does not wish to revise include:

a.~~~~ Reducing rear and side setbacks from 50 feet to 20 which would crowd the neighboring single family home site where existing required setbacks are 50 feet (formerly 25 feet);

b.~~~~ Eliminating a requirement for on site open space suitable for use by the residents for active and passive recreation;

c.~~~~~ Increases the building height in the front of the buildings to 42 feet versus a town-wide allowance of 30 feet. This would raise the overall height and bulk of the structures;

d.~~~~ Allowing more housing units per building which would result in larger structures and greater structural bulk;

e.~~~~ Allowing the buildings to be closer together thereby causing greater massing of the structures on site and causing greater visual impact upon surrounding neighborhoods.

4.~~~~~~~~~~~~~~~~~ Thirty-five sites in Newtown could be eligible for similar development under the proposed MIHD. The amendment has a potential to cause an increase in housing density within the Town of Newtown which is not consistent with the Newtown Plan of Conservation and Development.

5.~~~~~~~~~~~~~~~~~ The potential for additional high density housing developments could create capacity issues for the Town’s sewer treatment facilities and have a negative impact upon the sewer avoidance plan and sewer growth policies within the town. This factor is not consistent with the Newtown Plan of Conservation and Development

Seconded by Ms. Bryner

Vote: Mr. O’Neil Yes

Ms. Dean Yes

Mr. Poulin Yes

Ms. Brymer Yes

Mr. Mulholland Yes

Motion approved.

Ms. Dean moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Dauti Construction LLC for a change to the zone map for property located at 95 and a portion of 99 Church Hill Road, Sandy Hook, Connecticut, 4.04 acres in total for such land as shown upon the Assessor’s map #39, block #1, lots #10 and 11 from the existing R-2 zone to a new zone entitled “Mixed Income Housing District (MIHD)”

SHALL BE DISAPPROVED

The applicant’s proposed amendments to the Zoning Regulations that would create the new zone entitled Mixed Income Housing District (MIHD) were not approved by the Commission and therefore the zone change application is disapproved.

In reaching its decision to disapprove the zone change, the Commission considered the Newtown Plan of Conservation and Development and determined that the zone change would not be consistent with such plan.

Furthermore, the applicant did not provide any evidence of how the proposed zone change would impact the property values of neighboring or adjacent properties.

Seconded by Mr. Poulin

Vote: Mr. O’Neil Yes

Ms. Dean Yes

Mr. Poulin Yes

Ms. Brymer Yes

Mr. Mulholland Yes

Motion approved.

Ms. Dean moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the applications by Dauti Construction, LLC for a special exception for a 23 unit mixed income housing development and a construction permit to remove 10,960 cubic yards of earth materials and excess topsoil incidental to such development for certain properties located at 95 and 99 Church Hill Road, Sandy Hook, Connecticut, as shown upon a certain set of drawings and documents submitted for the Commission’s consideration

SHALL BE DISAPPROVED

BE IT FURTHER RESOLVED that the applications are disapproved due to the following reasons:

The site plan does not conform to the current R-2 zone Section 4.05.100 or the current Affordable Housing Development as set forth in Section 4.22 and the proposed MIHD Zone was not approved.

The following factors were also considered by the Commission in reaching its decision to disapprove the subject applications:

The use of the site for a high density residential development was opposed by the”

a.~~~~~ Police Commission for reasons of traffic safety

b.~~~~~ Fire Marshal unless a second means of access for emergency equipment is provided on site.

c.~~~~~ Sewer Water Authority as the additional capacity necessary for the proposed development was not planned for at the sewer treatment facility.

d.~~~~~ Planning and Zoning Commission because:

i.~~~~~~~ The site is bounded on one side by a cliff of 30 foot drop which would be a major hazard to children.

ii.~~~~~ The traffic in the area is very congested and access to and from the site would add to the already poor traffic flow.

iii.~~~ The applicant did not illustrate the impact such development would have upon the property values of the adjacent properties.

Seconded Ms. Brymer

It was noted for the record that there was considerable opposition expressed by the public who went to a lot of trouble obtaining signatures and attending the hearings.

Vote: Mr. O’Neil Yes

Ms. Dean Yes

Mr. Poulin Yes

Ms. Brymer Yes

Mr. Mulholland Yes

Motion approved.

PUBLIC HEARING

APPLICATION BY STOCK BUILDING SUPPLY, INC. FOR A SPECIAL EXCEPTION TO MODIFY AN EXISTING BUILDING AND SITE TO BE USED AS A LUMBER YARD, 2 & 6 TURNBERRY LANE, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #45, BLOCK #3, LOTS #29 AND #31

The hearing was opened at 8:28 p.m.

Ms. Dean red the call for the hearing

Mr. O’Neil read the correspondence in the file and asked to hear from the applicant.

Bill Carboni, P.E., Spath Bjorklund, 593 Main Street, Monroe, Connecticut submitted the Affidavit of Mailing. He explained the site that is currently the Lazyboy warehouse. The existing septic is for 30 employees, the applicant plans on having 16. Under 4.18.170 this use is allowed in the M-4 zone. There would be no significant impact on the aquifer and all necessary drainage would be installed. He explained the truck flow stating that a traffic study was not required. The lighting would be within the dark sky requirements. Staff comments were addressed.

Ms. Dean noted that the Aquifer Impact Study was one of the best she had seen. However, she was concerned about the planned 2,000 gallon diesel tank.

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

Chris Cotton, 4 Quarry Ridge Road, Newtown, Connecticut expressed concern about the lighting, reflection from the shiny roof, noise of fork-lifts and traffic.

Jennifer O’Hara, 10 Quarry Ridge Road, Newtown, Connecticut had the same concerns.

Mr. Carboni addressed the concerns.

The hearing was left open to research regulations regarding fuel storage and lighting. The Commission would like to confirm the proposed color of the building.

CORRESPONDENCE/COMMUNICATIONS

The Commission discussed a letter from Toll Bros. Regarding walk-out basements. They would defer to the Fire Marshal regarding secondary access. The Commission was disinclined to approve the request stating that they should come back to them with specs and details on lighting.

Mr. O’Neil asked for comments on revised regulations pertaining to EH-10 roads.

Density in the SHDD. It was agreed that if someone wanted to have six units per acre, all the units would have to be affordable.

The Commission discussed proposed revised set-back regulations and their impact on residents. They would discuss it further at a future time.

Ms. Dean made a motion to adjourn. Seconded by Mr. Bloom

Vote: Mr. O’Neil Yes

Mr. Wilson Yes

Ms. Dean Yes

Mr. Poulin Yes

Ms. Brymer Yes

Motion approved.

The meeting adjourned at 10:15 p.m.

Respectfully submitted

_______________________

Lilla Dean, Secretary