MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut
November 2, 2006
Present: Mr. O’Neil, Chairman; Ms. Dean, Secretary; Mr. Poulin and Ms. Brymer. Alternates: Mr. Bloom sat in for Mr. Wilson and Mr. Mulholland. Clerk: Ms. Wilkin
The meeting was opened at 7:05 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 pending litigation. Seconded by Mr. Poulin. The vote was unanimous. At 7:55 p.m. Ms. Dean made a motion to come out of Executive Session. Seconded by Mr. Poulin. The vote was unanimous.
DISCUSSION AND POSSIBLE ACTION
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
After a brief discussion Ms. Dean moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Monaco Properties LTD for a special exception for a 14,580 square foot 2 ½ story building for up to eight retail tenants and four office tenants pursuant to Section 4.11.900 of the zoning regulations as shown upon a certain set of plans entitled “Berkshire Plaza, South Main Street, CT Route 25, Newtown, Connecticut” dated March 2, 2004 and last revised 9/20/06 for property located at 146-148 South Main Street, Newtown, Connecticut, and shown on the Assessor’s Map #36, Block #2, lots #53 and 54
SHALL BE APPROVED with the following conditions:
1. the proposed double facing sign shown on Sheet L3 shall not exceed the maximum permitted size allowed pursuant to Section 6.02.320 of the zoning regulations. No signs on the lot shall be internally illuminated and all lights shall meet the dark sky objectives.
2. That the building exterior design which is approved is shown upon Sheet A-2 as revised on 7/28/05 and 4/15/06
3. In the future, if there should be a desire for a restaurant, the applicant shall file a request with the Commission for such approval.
BE IT FURTHER RESOLVED that the application is consistent with the standards and criteria for a special exception approval pursuant to Section 8.04.700 and the B-2 zone.
BE IT FURTHER RESOLVED that this approval shall become effective on November 13, 2006.
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 SCHULTZ FAMILY LIMITED PARTERSHIP FOR A NINE LOT SUBDIVISION, 127 WALNUT TREE HILL ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP #42, BLOCK #1, LOT 5.0A
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut, representing the applicant wanted to wait for approval of the Inland Wetland Commission for the shared driveway for lots 1 and 2. The minutes should be in the file.
Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut addressed the four items raised at the previous meeting – 500 ft open space, slope analysis, sight lines and the pond on the Forest Association property. He submitted revised maps and pictures of the channel. The drainage was explained.
The hearing was closed at 8:47 p.m.
PUBLIC HEARINGS
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A PROPOSED AMENDMENT TO THE ZONING REGULATIONS PERTAINING TO RESTAURANTS AS A USE IN LARGER MULTIPLE TENANT BUSINESS BUILDINGS IN THE B-2 ZONE, SECTION 4.14.100
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A PROPOSED AMENDMENT TO THE ZONING REGULATIONS PERTAINING TO ARTICLE XI – ADMINISTRATION, SECTION 11.02.330 THROUGH 11.02.335 BY CHANGING THE CRITERIA FOR THE ZONING ENFORCEMENT OFFICER APPROVING A SETBACK WITHOUT A REGISTERED LAND SURVEYOR’S DOCUMENT
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A PROPOSED AMENDMENT TO THE ZONING REGULATIONS PERTAINING TO ARTICLE VII – AREA, YARD, HEIGHT, BULK AND USE REGULATIONS SECTION 5 – 7.05.100 – 7.05.300 (OLD – ARTICLE VIII SECTION 8.10.100 – 8.10.300) CONSOLIDATED LOTS
All three hearings were opened together at 8:52 p.m.
Ms. Dean read the call for the hearings.
Mr. O’Neil went through the correspondence in the file.
Ms. Stocker, Director of Community Development explained the amendments.
The hearings were joined by Attorney Robert Hall, 43 Main Street, Newtown, Connecticut.
After a brief discussion the first hearing was closed at 9:05 p.m. after which Ms. Dean moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by the Commission to amend the zoning regulations at Article IV – Permitted Uses, Section 4.14.100
SHALL BE APPROVED as follows:
4.14.100 All uses permitted in the retail business B-1 zone. If a special exception is required in said B-1 zone, it is also required for the B-2 zone. (amended effective 11/13/06)
BE IT FURTHER RESOLVED that the reason for the amendment is to allow restaurants to locate within a multiple tenant business building. This amendment will also serve to make several existing restaurants conforming with the purpose and intent of the B-2 zone and will expand the permitted uses allowed in such buildings.
BE IT FURTHER RESOLVED that the amendment is consistent with the goals and objectives of the Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that the amendment shall become effective on November 13, 2006
Seconded by Mr. Bloom
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes Ms. Brymer Yes
Mr. Bloom Yes
Motion approved
The second hearing was closed at 9:31 p.m. after which the Commission decided to go back to the office to confirm word changes.
The third hearing was closed at 10:00 p.m. after which Ms. Dean moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by the Commission to amend the zoning regulations at Article VIII – Miscellaneous Provisions – to add Sections 8.10 through 8.10.300
SHALL BE APPROVED as follows:
8.10 Consolidated Lots
8.10.100 Purpose and Intent
The purpose of consolidating lots is to allow common development upon contiguous lots to manage traffic access upon public streets. The intent of this Section is to provide a tool to encourage
development that is compatible with the ability of the roadways to support it. (Added effective 11/13/06)
8.10.200 Eligibility
Owners of contiguous business or industrial zoned lots may consolidate for the purpose of development. The consolidated lots shall be considered one lot when computing lot area, building and lot coverage, yard setbacks, parking requirements and permitted uses, provided that each of the following conditions are met:
· Lots are in the same zone;
· The owner of each lot shall enter into a permanent written agreement that the two lots are consolidated for purposes of zoning and that such agreement shall run with the land giving the right of passage between such lots;
· The agreement shall be filed in the land records;
· The consolidated lots are designed to provide an integrated plan involving the buildings, land uses, parking, loading and unloading, and landscaping.
8.10.300 Access
The Commission may require or limit driveways to one or more consolidated lots, whether or not under separat4e ownership, in order to assure safe traffic movement onto the street and to avoid congestion. (Added effective 11/13/06)
BE IT FURTHER RESOLVED that the reason for the amendment is to allow approved access management
BE IT FURTHER RESOLVED that the amendment is consistent with the goals and objectives of the Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that the amendment shall become effective on November 13, 2006.
Seconded by Mr. Poulin
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes Ms. Brymer Yes
Mr. Bloom Yes
Motion approved
CORRESPONDENCE AND COMMUNICATIONS
CHANGE TO POCD – TO SHOW PLAN TO CONSIDER VILLAGE DISTRICT STATUS FOR MAIN TOWN ENTRY ROADS. REVIEW OF PROPOSED CHANGE BEFORE RECOMMENDING IT TO THE LEGISLATIVE COUNCIL.
The Selectmen plan to discuss this at their next meeting and Legislative Council on November 15, 2006.
APPROVAL OF MINUTES
Ms. Dean made a motion to approve the minutes of October 5, 2006 as submitted. Seconded by ms. Brymer. The vote was unanimous
Ms. Dean made a motion to approve the minutes of October 19, 2006 as submitted. Seconded by Mr. Bloom. The vote was unanimous
2007 MEETING DATES
The Commission discussed bonds still on file after six years. Mr. O’Neil will draft a letter to be sent to the relevant contractors.
Ms. Brymer and Ms. Dean followed up on a meeting about Tech Park.
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 10:47 p.m.
Respectfully submitted
________________________
Lilla Dean, Secretary
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