MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut September 21. 2006
Present: Mr. O’Neil, Chairman; Ms. Dean, Secretary; Mr. Poulin and Ms. Brymer. Alternates: Mr. Mulholland and Mr. Bloom. Also attending: Elizabeth Stocker, Director of Community Development. Clerk: Ms. Wilkin
The meeting was opened at 7:36 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 STOCK BUILDING SUPPLY FOR A TWO LOT RE-SUBDIVISION, 9.38 ACRES, 49 PARMALEE HILL ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #20, BLOCK #8, LOT #5
After a brief discussion Ms. Dean moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Stock Building Supply, Inc. for a special exception to modify the existing structure and site, to consolidate two lots into one and to construct new lumber storage structures for a wholesale lumber yard business pursuant to sections 4.18.170 and 4.18.180 and the aquifer protection district of the zoning regulations. Such use would also include 2,500 s,f, of retail sales within the building as permitted pursuant to 4.19.500, the storage of 2,000 gallons of diesel fuel for the applicant’s trucking fleet and forklifts. The site development is shown upon a certain set of drawings entitled “Site Improvements in Newtown, Connecticut Prepared for Stock Building Supply, Inc.” dated June 6, 2006 and revised 6/14/06
and 7/31/06, scale 1” = 20’. The subject property is identified as 2 & 6 Turnberry Lane as shown upon the Assessor’s map #45, Block #3, Lot #29 and Map #45, Block 3, Lot 31 Lt 5-3
SHALL BE APPROVED with the following conditions:
1. That before building permits are issued, the two lots 29 Lt 1-3 and 31 Lt 5-3 shall be consolidated for purposes of this approval.
2. That the hours of operation shall be limited to Weekdays 6:30 a.m. to 5:00 p.m., Saturdays 8:00 a.m. to Noon and Sunday Closed
3. That the lumber yard shall not have an outdoor PA system
4. That the applicant shall provide and install a fire hydrant pursuant to the approval of the Fire Marshal
5. That all lighting upon the site, including signs, shall be consistent with the “dark sky” objectives to ensure that no light will spill off the site. Except for minimal security lighting, all site lighting shall be turned off after work hours
6. That any new wall sign or ground sign shall not be internally illuminated
7. That the Commission accepts the applicant’s offer to comply with the Design Advisory Board’s July 5, 2006 recommendations concerning the fencing and lighting and the applicant’s suggestion for galvanization of the storage shed roofs that will reduce glare without the long term maintenance problems that painted roofs would pose.
8. That the outside storage areas shall be paved and curbed for the continuous paved surface including under the storage areas and runoff shall be directed to the stormwater treatment devices
9. That no permanent outside storage of commercial vehicles or construction equipment shall be permitted upon the premises
10. That no maintenance of any commercial vehicles or construction equipment shall be conducted upon the premises
11. That prior to receiving the initial certificate of occupancy for the building, the property owner shall develop and submit to the Commission, a policy for 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 included within the lease for each 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 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.
12. That the policy for aquifer protection procedures and practices shall be posted in a location where all employees can view it
13. The dumpster shall 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 employees and the carting service that the property is located in an aquifer protection district and that unauthorized 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 all in the event that a spill occurs or if the dumpster is overflowing
14. 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 implementation of the above conditions that the proposed site development 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 Section 8.04.710 through 8.04.790 of the Zoning Regulations
BE IT FURTHER RESOLVED that the application is consistent with the industrial M-4 zone and the Aquifer Protection District
Seconded by Mr. Bloom
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 MARITZA IZQUIERDO FOR A TWO LOT RE-SUBDIVISION, 9.38 ACRES, 49 PARMALEE HILL ROAD, NEWTOWN, CONNETICUT, ASSESSOR’S MAP #20, BLOCK #8, LOT #5
After a brief discussion Ms. Dean moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Maritza Izquierdo for a two lot re-subdivision, 9.38 acres, as shown upon a certain map entitled “Record Re-Subdivision Map, Golden Oaks, (Reference Lot #8), Final Subdivision For: David G. French, 49 Parmalee Hill Road, Newtown, Connecticut” dated November 14, 2005 and revised last on 7/28/06, scale 1” = 50’, as shown on the Assessor’s Map #20, Block #8, Lot #5
SHALL BE APPROVED with the following conditions:
1. That prior to filing the record map in the Newtown Land Records
A bond in the amount of $22,250 shall be submitted to cover the subdivision improvements including $18,000 for the common driveway, $3,750 for lot pins and $500 for marking the public
access easement and open space areas.
2. That the recorded deed for lot 8A shall include a description of the public access easement. The easement limits access to pedestrians only
3. That the applicant/developer shall field mark the public access trail for access to the open space land during sit preparation and prior to the issuance of a building permit for the new lot 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 applicant, as modified, is consistent with the Subdivision Regulations and the F&R 2 zone
Seconded by Mr. Mulholland
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Motion approved
PUBLIC HEARING
APPLICATION BY GLASS CONTRACTOR, LLC 9ARCHITECTURAL GLASS INDUSTRIES, LLC) FOR A SPECIAL EXCEPTION FOR THE CONSTRUCTION OF A 7,800 SQUARE FOOT BUILDING, 9 TURNBERRY LANE (LOT #10) SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP #45, BLOCK #3, LOT #36 (LOT #10)
The hearing was opened at 8:01 p.m.
Ms. Dean read the call for the hearing
Mr. O’Neil read the correspondence in the file then asked to hear from the applicant.
Dainius Virbickas, P.E., Artell Engineering 304 Federal Road, Brookfield, Connecticut, representing the applicant, submitted an Affidavit of Mailing along with green receipts. He went over the specifications of the proposed building. They would be providing 26 parking spaces for the proposed 17 employees. He explained the proposed landscaping and water runoff. Staff comments were addressed.
Mr. O’Neil asked the Commission for comments
Mr. Mulholland asked about the exterior lights. Mr. Poulin inquired about the heating for the processing and potential pollution and how the residue would be disposed of. Ms. Brymer asked about signage. Mr. O’Neil wanted to know about noise and potential odor and if the applicant had discussed the plans with the Design Review Board. Ms. Dean liked the plans but asked for more deciduous trees.
Mr. Virbickas explained the heating process, which would be electric. There would be no pollution or odor and the residue is collected and taken off site. The building is insulated for sound. They would be willing to go before the Design Review Board and agreed to add trees as requested
Mr. O’Neil asked to hear from the public
Robin Rush-Hanson, 8 Quarry Ridge Road, Sandy Hook, Connecticut thought it a nicely designed building but wondered if the reflection from the glass façade would be a hindrance to traffic. She was also concerned about the heat from the ovens and potential pollution.
The applicant David Tofinchio, 110 Tuckahoe Drive, Shelton, Connecticut explained the process used. No chemicals re used in the fabrication. It is all done with water with is re-cycled. There is a separate container for sand and bits which is taken out by Waste Management. Everything would be stored inside. They would be open five days a week, 7:30 a.m. to 4:30 p.m., although the office sometimes remains open till 7:00 p.m. The drivers load in the evening and take the trucks home for the following day.
Mr O’Neil asked the applicant to clear the design with the Design Review Board
The hearing was closed at 8:55 p.m.
CORRESPONDENCE/COMMUNICATIONS
The ZBA denied the application by Dauti Construction at their meeting of September 20th, 2006. The applicant currently does not own the land in question.
The Design Review Board met with Sandy Hook representatives on September 14th regarding the Guidelines. Nothing was decided. There will be another meeting October 5th, 2006 at 6:30 p.m. at the town hall.
Mr. O’Neil distributed a presentation given to the Board of Selectmen and the Economic Development Commission regarding the South Main Street Design District. So far there has been no negative feedback. It was suggested that Commissioners talk with other towns with development districts to find out what problems, if any, they ran into. Mr. Poulin and Ms. Dean will approach Southbury and Mr. O’Neil and Mr. Mulholland will go to Danbury. Ms. Stocker will e-mail information she has from other towns.
Ms. Stocker distributed a notice of a Symposium on Inclusionary Zoning “Affordable Housing: Regional Problems, Regional Solutions” scheduled for Thursday, October 26, 2006 8:00 a.m. to 11:00 a.m. at the Sheraton Danbury Hotel. Anyone interested should complete the RSVP by October 16, 2006.
Mr. Mulholland raised the problems with traffic. He wondered if the Commission could hire their own traffic consultant. Mr. O’Neil said that the problem is not so much traffic but safety.
Mr. O’Neil noted that Mr. Bolmer had met with DOT about Route 25 and the left turn onto Pecks Lane. Ms. Stocker will forward the details.
Ms. Dean made a motion to approve the minutes of September 7, 2006 as amended. Seconded by Ms. Dean. The vote was unanimous.
Mr. Mulholland made a motion to adjourn. Seconded by Ms. Brymer
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Motion approved
The meeting adjourned at 9:38 p.m.
Respectfully submitted
________________________
Lilla Dean, Secretary
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