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10/5/06
MINUTES
Newtown Planning and Zoning Commission

Land Use Office                                                       Regular Meeting
31 Pecks Lane, Newtown, Connecticut                       October 5. 2006

Present:   Mr. O’Neil, Chairman; Ms. Dean, Secretary; Ms. Brymer.  Alternate: Mr. Mulholland for Mr. Poulin. Clerk:  Ms. Wilkin

The meeting was opened at 7:35 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 the possible acquisition of property by the town of Newtown.

The meeting continued at 8:06 p.m.

MANDATORY REFERRAL

MANDATORY REFERRAL FROM THE BOARD OF SELECTMEN AS PER CGS 8-24 FOR THE ACQUISITION OF PROPERTY BY THE TOWN OF NEWTOWN

The Commission considered the acquisition consistent with the Plan of Conservation and Development.  The property in question links up with existing open space.  Ms. Dean made a motion to recommend the acquisition.  Seconded by Mr. Mulholland.  The vote was unanimous

PUBLIC HEARING (Continued)

APPLICATION BY SCHULTZ FAMILY LIMITED PARTNERSHIP FOR A NINE LOT SUBDIVISION, 127 WALNUT TREE HILL ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP #42, BOCK #1, LOT 5.0A

Robert Hall, Esq., 43 Main Street, Newtown, Connecticut, representing the applicant apologized to the Commission for failing to request clarification fro the Wetland Commission for their 9/27/06 agenda.  He submitted a letter dated 10/5/06 requesting a 35 day extension.  The Commission granted the extension.  The hearing will be continued at a later date.

PUBLIC HEARING (Continued)

APPLICATION BY MONACO PROPERTIES FOR AN AMENDMENT TO A SPECIAL EXCEPTION TO CONSTRUCT A 15,000 SQUARE FOOT TWO STOR BUILDING, 146-148 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #36, BLOCK #2, LOTS #53 AND #54

Bernie Pelligrino, Esq., Pelligrino Law Firm, New Haven, Connecticut, representing the applicant explained the history of the proposal, which is essentially the same as the original plan previously approved in April, 2005.  The previous owner had to stop construction due to financial difficulties.   They had met with the DOT who approved the road improvements.

Marc Lancor, Dimar, 325 Main Street South, Southbury, Connecticut, engineer for the project addressed staff comments that were detailed in a 9/26/06 letter.  He distributed a letter from the health Department dated 10/5/06 and briefly went through the details of the application which he said were basically the same as what had been approved before.  He submitted the approval from the DOT regarding the driveway improvements.

Barry Steinberg, Steinberg Associates, Architects, 319 Washington Avenue, North Haven, Connecticut indicated that the building design was the same as previously approved except for a few suggestions made by the Architectural Review Board.

Mr. Pellegrino so no problems with the application noting that they had no problem with a stipulation requiring approval of the final sign design.  

Sue Cortino, Prudential CT Realtor, 33 Church Hill Road, Newtown, Connecticut, licensed broker since 1986 stated that there would be no adverse affect on the value of neighboring properties.

Mr. Pellegrino answered Mr. O’Neil’s question regarding curb cuts and asked the Commission to look favorably on the application which is similar to the previous one.  He said that it meets all criteria for special exception.

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

Chris Qualey, 1 Cedar Circle, Newtown, Connecticut stated that he had incurred difficulty getting information from the Land Use office regarding this application.  He considered the potential negative impact on his business,  He asked for time to review the file.

Clinton Stephens, 17 Cedar Hill Road, asked about the number of columns planned for the building.

Mr. Lancor explained the location of the access which is based on many issues.  There should be no impact on neighboring property.  The DOT took all counts and statistics into consideration.  The State approved the proposed septic system.

Mr. Steinberg explained the design and number of columns proposed for the building.

The hearing was left open to get the comments of the Design Review Board on the latest renderings and give the neighbors time to peruse the file.

PUBLIC HEARING

APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT ARTICLE VIII – SUPPLEMENTAL REGULATIONS, SECTION 1 – SIGNS, AND ARTICLE 1, SECTION 2 – SIGN DEFINITIONS

The hearing was opened at 9:24 p.m.

Ms. Dean read the call for the hearing

Mr. O’Neil read the file and went on to explain the proposed amendment.  The primary goal is to make the regulations more readable.  The Economic Development Committee requested that farms be allowed four directional signs along the road.  Also discussed were hanging perpendicular signs that were raised in the previous hearing, internal illuminated signs and neon signs.  Existing signs would not be affected.

Robert Hall, Esq., 43 Main Street, Newtown, Connecticut joined the discussion.  He represents Sand Hill Plaza, and if internally illuminated signs were eliminated, it would cause problems around town.

Bright lights and dark skies were discussed.  Mr. O’Neil suggested talking to other towns to get an idea of what their regulations allow.

The hearing was continued

CORRESPONDENCE/COMUNICATION

Mr. O’Neil distributed comments of George Sibley and Gary Frenette regarding the proposed R-2 and R-3 zone setbacks.  

Mr. O’Neil said the Commission needs to know how to proceed with changes to the Plan of Conservation and Development regarding the proposed Route 25 – South Main Street Design District.

The Commission discussed a conversation had with Julia Wasserman regarding fee in lieu of open space.  The suggestion was considered too much of a risk with little to be gained.

Ms. Dean made a motion to adjourn.  Seconded by Ms. Brymer

                                                        Vote:   Mr. O’Neil              Yes
                                                                Ms. Dean                Yes                                                                              Ms. Brymer              Yes
                                                                Mr. Mulholland  Yes
Motion approved

The meeting adjourned at 10:23 p.m.

                                                        Respectfully submitted




                                                        ________________________
                                                        Lilla Dean, Secretary