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11/16/06
MINUTES
Newtown Planning and Zoning Commission

Land Use Office                                                          Regular Meeting
31 Pecks Lane, Newtown, Connecticut                 November 16. 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.  Also preent: Ms. 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

EXECUTIVE SESSION

Mr. Bloom made a motion to go into Executive Session to discuss a possible land acquisition.  Seconded by Mr. Poulin.  The vote was unanimous.  At 8:10 p.m. Ms. Dean made a motion to come out of Executive Session.  Seconded by Mr. Bloom.  The vote was unanimous.

Ms. Dean made a motion to recommend the purchase of property, map reference 30-13-UNK01 and 59-1-10.  Seconded by Mr. Bloom.  The vote was unanimous.
        
PUBLIC HEARING (Continued)

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

All outstanding issues had been clarified.  The hearing was closed a 8:13 p.m.

ACTION

Ms. Dean moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Vito Kala for an amendment to the special exception for a 376 square foot addition to the restaurant and interior renovations that include adding a lounge/bar area with approximately twenty additional seats and renovating the pizza kitchen filed pursuant to Section 4.12.200 and as shown upon a certain set of drawings entitled “Zoning Location Survey Prepar4ed for Verdat Kala showing Proposed Addition at 4 Washington Avenue, Sandy Hook District, Newtown, Connecticut” scale 1” = 30’ dated September 22, 2006 for property located at 4 Riverside Road, Sandy Hook, Connecticut shown on the Assessor’s map #39, Block #4, Lot #14

SHALL BE APPROVED with the following stipuations

1.      The applicant must be in compliance with the letter in the file from the Newtown Health Department
2.      It is understood that the easements over adjacent properties for the parking spces shall remain in effect.

BE IT FURTHER RESOLVED that the Commission finds that the improvements to the site are relatively minor in scope and that the amendment to the special exception meets the standards and criteria for a special exception as set forth in Sections 8.04.710 through 8.04.790 in the Zoning Regulations.

BE IT FURTHER RESOLVED that the application is consistent with the Sandy Hook Design District (SHDD) zone

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 NEWBROOK, LLC FOR A FOUR LOT SUBDIVISION, 7 OBTUSE ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #3, BLOCK #7, LOT #15

This application was withdrawn

PUBLIC HEARING
APPLICATION BY HIGHLAND HC, LLC FOR A SITE DEVELOPMENT PLAN FOR REMODELING OF AN EXISTING BUILDING WITH RESTAURANT USE REMAINING IN FRONT AND ANCILLARY STORAGE IN REAR, 121-125 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT (FORMER FIRESIDE INN), ASSESSOR’S MAP #37, BLOCK #2, LOT #38

The hearing was opened at 8:18 p.m.

Ms. Dean read the call for the hearing

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

Peter Scott, architect, 3871 Route 6, Brewster, New York, described the proposed remodeling.  They are anxious to get a building permit for this phase of the renovation in order to put a roof on the building.  They have received approval from the Architectural Review Board who suggested a few minor changes.

Ms. Dean requested conservation easement markers.

Mr. O’Neil asked to hear from the public

Lena Sampaio, 120 South Main Street, Newtown, Connecticut, expressed concern about lighting, dust and traffic noise.

Don Ramsey, 3 Prospect Drive, Newtown, Connecticut acknowledged the balance between quality of life and economic development.  He expressed concern about the next phase and the impact on traffic

John Laricca, 7 Prospect Drive, Newtown, Connecticut expressed concern about the impact on their back yard and the wetlands.

Mark D’Amico, 5 Prospect Drive, Newtown, Connecticut considered the design fine but was concerned about future renting out of space.

Mr. Scott addressed the issues raised.  The plans for the next phase are under discussion with DOT

Mr. O’Neil acknowledged the traffic concerns, noting that this would be addressed at the next phase.

Oscar Sampaio, 120 Main Street, Newtown, Connecticut noted the danger of speeding cars.

David Goodwick, owner of 117 and 119 South Main Street, Newtown, Connecticut did not think the traffic would be a problem.  He is prepared to work with the applicant and DOT.

The hearing was closed at 8:53 p.m.

ACTION

Ms. Dean moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Highland HC, LLC for a site development plan to undertake renovations to the existing building which will provide a 31,896 square feet of building area for a 120 seat restaurant which will occupy 6,050 s.f. and the remaining area for related accessory storage pursuant to Section 4.14.600 of the Zoning Regulations as shown upon a certain set of drawings entitled “Phase l – Highland Plaza” dated august 2, 2006, scale 1” = 60’, for property located at 121-125 south Main Street, Newtown, Connecticut as shown upon the Assessor’s Map #37, Block #2, Lot #38

SHALL BE APPROVED with the following modifications:

1.      That a signage plan shall be developed pursuant to the Sign Regulations
2.      The dumpster shall be located upon a concrete pad, shall be completely enclosed and screened from view and shall remain covered at all times.
3.      The Conservation area will be marked by the applicant as required by the Conservation Commission

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 B-2 zone.

Seconded by Mr. Bloom
                                                        Vote:   Mr. O’Neil              Yes
                                                                Ms. Dean                Yes                                                                              Mr. Poulin              Yes                                                                             Ms. Brymer              Yes
                                                                Mr. Bloom               Yes
Motion approved

PUBLIC HEARING (Continued)

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT SECTION 8.02.200, TRAFFIC IMPACT ANALYSIS, 8.02.220 SITE DESIGN AND ACCESS MANAGEMENT CRITERIA AND SECTION 8.02.230 ACCESS MANAGEMENT STANDARDS.

Ms. Stocker joined the discussion.  She read Traffic Capacity Procedures.

The hearing was closed at 9:56 p.m.

ACTION

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 by deleting Sections 8.09 and 8.09.100 and inserting new language in lieu thereof such new language is contained within a certain document entitled “Newtown Planning and Zoning Commission Proposed Amendments to the Zoning Regulations Pertaining to Access Management and Traffic Impact Analysis” dated October 4, 2006

SHALL BE APPROVED with the following modifications:

Sections 8.09.212 and 8.09.213 (page 2) shall read as follows:

8.09.212        The analysis shall include, at least, the following information

·       The present roadway conditions (road clarification, road widths along the lot frontage, roadway capacity, level of service, sight lines)
·       Existing traffic conditions on the roadway (average daily traffic volumes, peak hour traffic volumes, accident history)
·       Impact of proposal upon traffic flow and safety at the point(s) of roadway access and within one-half (1/2) mile of the project (existing and projected trip generation, effect upon peak hour traffic and level of services, proposed sight lines)
·       Description of improvements that are necessary to mitigate identified traffic impacts (proposed recommendations)
·       Description of access management options
·       All existing  uses upon the lot and/or the driveway servicing the lot, not merely any new proposed use inclusive of delivery vehicles.

8.09.213        Where it is projected that the additional traffic resulting from a proposed project will reduce the level of service to D or below, the Commission shall not approve the project unless and until the applicant has made provisions for the improvement of said condition.

BE IT FURTHER RESOLVED that the reason for the amendments is to establish criteria, standards and a policy for access management and traffic impact analyses in conjunction with commercial, industrial and multiple family housing developments to promote public safety and lessen traffic congestion.

BE IT FURTHER RESOLVED that the amendments are 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 27, 2006.

Seconded by Ms. Brymer.
                                                        Vote:   Mr. O’Neil              Yes
                                                                Ms. Dean                Yes                                                                              Mr. Poulin              Yes                                                                             Ms. Brymer              Yes
                                                                Mr. Bloom               Yes
Motion approved

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

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

The meeting adjourned at 10:07 p.m.

                                                        Respectfully submitted




                                                        ________________________
                                                        Lilla Dean, Secretary