MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut October 19. 2006
Present: Mr. O’Neil, Chairman; Ms. Dean, Secretary; Mr. Poulin and Ms. Brymer. Alternates: Mr. Bloom sat in for Mr. Wilson and Mr. Cruz. 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
DISCUSSION AND POSSIBLE ACTION
APPLICATION BY GLASS CONTRACTORS, LLC (ARCHITECTURAL 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)
Ms. Dean moved the following:
BE IT RESOLVEDF by the Newtown Planning and Zoning Commission that the application by Glass Contractor, LLC (Architectural Glass Industries, LLC) for a special exception to construct a 7,800 square foot light industrial facility and related site improvements pursuant to Section 4.18.160 and the Aquifer Protection District of the Zoning Regulations as shown upon a certain set of drawings entitled “Glass Contractors, LLC Site Plan, 9 Turnberry Lane (Lot 10) Newtown, Connecticut” dated July 23, 2006 and revised on 9/15/06, scale 1”=20’ for property shown upon the Assessor’s Map #45, Block #3, lot #36 (lot 10)
SHALL BE APPROVED with the following conditions:
1. 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.
2. That no permanent outside storage of commercial vehicles or construction equipment shall be permitted upon the premises.
3. That no maintenance of any commercial vehicles or construction equipment shall be conducted upon the premises.
4. That prior to receiving the initial certificate of occupancy for the building, the property shall develop and submit to the Commission, a policy for best management practices for the property. Such policy shall cover 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 the 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.
5. That the policy for aquifer protection procedures and practices shall be posted in a location where all employees can view it.
6. 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 call in the event that a spill occurs or if the dumpster is overflowing.
7. That the property owner/applicant and the tenants shall follow the minimum standards for uses in the Aquifer Protection District pursuant to the Newtown 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. Poulin.
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes Ms. Brymer Yes
Mr. Bloom Yes
Motion approved
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 Pellegrino, Pellegrino, Pellegrino Law Firm, New Haven, Connecticut, representing the applicant addressed issues raised at the previous hearing. The Design Review Board had reviewed the plans.
Mr. O’Neil asked to hear from the public.
Chris Qualey, 1 Cedar Circle, Newtown, Connecticut, had issues with the validity of the map. He went through the Health Department comments and questioned the sight lines.
Paul Fadus, 5 Sunset Hill road, Newtown, Connecticut, owner of property at 136 South Main Street would like to see the application approved, considering it good for Newtown’s tax base.
Marc Lancor, Dimar, 325 Main Street South, Southbury, Connecticut, project engineer stated that everything has been approved by the town departments.
The hearing was closed at 8:18 p.m.
PUBLIC HEARING
APPLICATION BY VITO KALA FOR AN AMENDMENT TO A SPECIAL EXCEPTION FOR AN ADDITION AND INTERIOR RENOVATIONS TO THE VILLA, 4 RIVERSIDE ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP #39, BLOCK #4, LOT #14
Ms. Dean read the call for the hearing
Mr. O’Neil read the correspondence in the file, then asked to hear from the applicant.
Vito Kala, 720 Whitmar Road, Middlebury, Connecticut, owner of the Villa, explained the application that would add 20 additional seats to the restaurant. Research is required to confirm the distance from the well that should be 25 ft but shows 11 ft on the map
Mr O’Neil asked to hear from the public.
Roger Saterstrom, 7 Washington Avenue, Sandy Hook, Connecticut, had no problem with the application as long as the addition is no closer to his property.
The hearing was left open to clarify the situation with the well location.
CORRESPONDENCE AND COMMUNICATIONS
Ms. Brymer recused herself from discussion with Sullivan Campbell, 41 Poverty Hollow Road, Newtown, Connecticut regarding the driveway at 39 Poverty Hollow Road that they asked to be allow to retain. The Commission suggested he address the ZBA as a hardship on the property.
At 8:44 p.m. Ms. Dean made a motion for the Commission went into Executive Session regarding acquisition of property. The meeting resumed at 9:21 p.m.
PUBLIC HEARING
APPLICATION BY NEWBROOK, LLC FOR A FOUR LOT SUBDIVISION, 7 OBTUSE ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #3, BLOCK #7, LOT #15
Ms. Dean read the call for the hearing
Mr. O’Neil read the correspondence in the file, then asked to hear from the applicant.
Jim Murphy, Esq., Gregory & Adams, 190 Old Ridgefield Road, Wilton, Connecticut apologized for delaying the proceedings, which was due to the abutting property located in Brookfield which was scheduled earlier to be presented to the Brookfield Wetland Commission. He distributed a list of everyone involved in the project. A supplemental location map was submitted showing open space within a 5,000 foot radius of the premises.
Stephen McAllister, P.E., McChord Engineering, 78 Danbury Road, Wilton, Connecticut explained the engineering aspects of the application, including drainage and steep slopes.
Matthew Popp, Landscape Architect, Environmental Land Solutions, LLC, 8 Knight Street, Norwalk, Connecticut went through the topography of the land. There were no watercourses on the property and there would be minimum impact on wetlands. He described the buffer between the new road and existing houses.
Mr. O’Neil noted that there was nothing on file from the Conservation Commission regarding open space
Ms. Dean advised that new roads need to end at the property line to potentially hook up with adjoining property.
Mr. Murphy requested a continuance to address the issues raised.
Mr. O’Neil asked to hear from the public
Alexander Clark, 1 Obtuse Road, Hawleyville, Connecticut had a question about the cul de sac and a possible connection with Route 25. He also asked about the impact on Pond Brook that is considered a class A trout stream
Bill Webb, 12 Sage Road, Brookfield, Connecticut, asked if the stream to Pond Brook that often gets close to flooding would be fixed.
Marge Jingolaski, 68 Hawleyville Road, Newtown, Connecticut, asked if erosion will destabilize her property.
Al Wilhelm, 3 Obtuse Road, Newtown, Connecticut asked about the quality of well water. He asked if the road could be moved to help the mature trees. He was concerned about mosquitoes on the detention pond. He asked that the wooded lots could be retained and the character of the neighborhood maintained.
Tom Dwyer, 8 Obtuse Road, Newtown, Connecticut expressed concern about the stream that runs through a culvert which has spawning fish.
Christopher Galer, 70 Hawleyville rod, Newtown, Connecticut asked about the affect on the stream and the cemetery.
John Stewart, 176 Currituck Road, Newtown, Connecticut was concerned about the stream overflowing and asked if the gas company had approved the application.
Leora Washburn, 13 Obtuse Road, Newtown, Connecticut was also concerned about the water overflowing and the closeness of the road to her property.
Mr. Murphy addressed the concerns raised and asked that the hearing be left open in order to respond to the Town Engineer’s comments and after addressing the Wetlands Commission.
Ms. Dean made a motion to adjourn. Seconded by Mr. Bloom
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes Ms. Brymer Yes
Mr. Bloom Yes
Motion approved
The meeting adjourned at 10:32 p.m.
Respectfully submitted
________________________
Lilla Dean, Secretary
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