MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut December 21. 2006
Present: Ms. Dean, Chair Pro Tem; Ms. Brymer. Secretary Pro Tem Alternates: Mr. Mulholland and Mr. Cruz. Also present: Ms. Stocker, Director of Community Development. Clerk: Ms. Wilkin
The meeting was opened at 7:37 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 SCHULTZ FAMILY LIMITED PARTNERSHIP FOR A NINE LOT SUBDIVISION, 127 WALNUT TREE HILL ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP #42, BLOCK #1, LOT 5.0A
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Schultz Family Limited Partnership for a nine lot re-subdivision 33.8 acres, as shown upon a certain set of maps entitled “Subdivision Plan Prepared for Schultz Family Limited Partnership, Alberts Hill and Walnut Tree Hill Roads, Sandy Hook, Connecticut” dated February 28, 2006, revised 9/1/06, Scale 1” = 100’ for property shown on the Assessor’s Map #42, Block #1, Lot 5.0A
SHALL BE DISAPPROVED, for the following reasons:
The common driveway easement shown upon lot 2 serving lot 1 and lot 2 does not comply with the intent of Sections 4.06.111 and 4.06.200 of the subdivision regulations. The driveway easement over lot 2 for lot 1 is not located upon an adjoining access strip for the two lots.
The Commission also finds that an exception for a shared driveway for lots 1 and 2 pursuant to Sections 8.02.520 and 8.02.520.3 and 8.02.530 of the Zoning Regulations is not appropriate for the subject application. The purpose of granting an exception pursuant to Section 8.02.520 is to permit and encourage shared driveways for business and industrial developments regardless of the presence of inland wetlands.
The plan to provide the maximum number of lots that would be permitted under the zoning regulations is not a practical approach to development upon this sensitive parcel. The Commission finds that the subdivision of this north facing steeply sloping terrain as proposed involves extensive disturbance of the natural ground cover, extensive recontouring of the land and the installation of several highly engineered drainage systems in order to provide usable home sites, septic systems, wells and access driveways. The Commission finds that there is too great a risk in relying upon such extensive engineering in order to realize the subject subdivision proposal for this land. The potential that one major storm event combined with an engineering failure of one or more of the drainage systems could lead to
flooding down hill and hazardous conditions upon the public road is not consistent with protecting public health, safety and welfare. Sections 2.03 and 4.02.140 of the subdivision regulations have not been met.
The Commission finds that the application is not consistent with the Newtown subdivision Regulations. This application shall not be approved pursuant to Section 3.09.110 of the subdivision regulations.
Seconded by Mr. Mulholland
Vote: Ms. Dean Yes
Mr. Poulin Yes Ms. Brymer Yes
Mr. Mulholland Yes
Motion approved.
PUBLIC HEARING
APPLICATION BY TNT PARTNERS LLC (AKA 168 & 170 MOUNT PLEASANT ROAD LLC) FOR A SPECIAL EXCEPTION TO CONSTRUCT A PROFESSIONAL OFFICE BUILDING, 12 TURNBERRY LANE, (LOT 11), SANDY HOOK, CONNECTICUT, ASSESSOR’S AP #45, BLOCK #3, LOT #2
The hearing was opened at 7:47 p.m.
Ms. Brymer read the call for the hearing
Ms. Dean read correspondence in the file and asked to hear from the applicant.
Mike Bodetti, 13 Berkshire Road, Newtown, Connecticut distributed his company’s brochure. With the aid of schematics the design of the building was explained. The building would accommodate 65 employees.
Kevin Bennett, Bennett & Sullivan Planners, Southbury, Connecticut is the architect for the site. He addressed the design of the building, parking places and lighting. The had been before the Architectural Review Board.
Dainus Virbickas, Artel Engineering, 304 Federal Road, Brookfield, Connecticut described the proposed plantings and landscape. They have not heard from the Health Department .
Ms. Dean asked to hear from the public.
Daniel Dougherty, 3 Fir Tree Lane, Newtown, Connecticut had not been notified of the public hearing. He wanted a chance to see the file and maps. His concerns included drainage, lighting, trees on the easement
Mike Brennan, 2A Fir Tree Lane, Newtown, Connecticut submitted a letter from Lillian and Lars Nordstrom, 7 Fir Tree Lane, Newtown dated 12/20/06 and a letter from himself and his wife.
Robin Rush Hansen, 8 Quarry Ridge Road, Newtown, Connecticut opposed the proposed building. Among her concerns were lighting, the height of the building and the birm.
Stacy Greenberg, 2 Fir Tree Lane, Newtown, Connecticut expressed concern about the height of the building, privacy and lights
Louis Socci, 5 Fir Tree Lane, Newtown, Connecticut was concerned about the traffic
Joshua Drew, 11 Quarry Ridge Road, Newtown, Connecticut was also concerned about the traffic
John Dunleavy, TNT Partners, stated that as a resident of Newtown, he did not want to harm the town in anyway, but his company was expanding.
Messrs. Bennett and Virbickas addressed issues and questions raised.
The Commission had questions about the shrubbery, height of the building, lighting and driveway.
The hearing was continued in order to receive a lighting plan and amended landscape plan.
A recess was called at 9:00 p.m. The meeting reconvened at 9:10 p.m.
PUBLIC HEARING
APPLICATION BY BASHERT DEVELOPERS LLC FOR AN AMENDMENT TO A SPECIAL EXCEPTION FOR THE CONSTRUCTION OF TWO TEMPORARY TRAILERS FOR “WOODS OF NEWTOWN”, 166 MOUNT PLEASANT ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #2, BLOCK #5, LOT 32 AND LOT 2
Ms. Brymer read the call for the hearing
Ms. Dean read the correspondence in the file and asked to hear from the applicant
Jason Williams, Milone & MacBroom, 99 Reality Drive, Cheshire, Connecticut, engineers, explained the application noting that the temporary structure would only be there for two years, after which the site would be re-forested.
Ted Hart, Milone & MacBroom, 99 Reality Drive, Cheshire, Connecticut, explained the engineering and drainage. He submitted a memo dated 12/21/06 with an attachment from the State DOT regarding site lines. He addressed staff comments. The Wetlands Commission wants to look at the restoration plan before taking action.
Ms. Dean asked to hear from the public
Tony Serrone, 4 Brian Wood Lane, Newtown, Connecticut, owner of Grace Church asked where the structure was planned and for how long.
The hearing was left open in order to hear from the Inland Wetlands Commission.
CORRESPONDENCE AND COMMUNICATIONS
EXPIRED SUBDIVISIONS (BOULDER CREEK, TILSON WOODS, BUTTERNUT RIDGE)
There are plans to re-submit applications for all of the above subdivisions
PUBLIC HEARINGS
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE TOWN OF NEWTOWN ZONING REGULATIONS ATY ARTICLE VII, SECTION 16, WIRELESS TELECOMMUNICATION FACILITIES
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE VIII SUPPLEMENTAL REGULATIONS SECTION 4 – LANDSCAPE SCREENING AND BUFFER REQUIREMENTS, SECTION 8.04
APPLICATION BY TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE TOWN OF NEWTOWN ZONING REGULATIONS PERTAINING TO REFERENCES TO THE CONSERVATION COMMISSION, THE CONSERVATION DIRECTOR AND TO THE FAIRFIELD COUNTY SOIL AND WATER CONSERVATION DISTRICT AT ARTICLE III, ARTICLE IV, ARTICLE VIII, ARTICLE IX AND ARTICLE X
The hearings were opened at 9:55 p.m.
Ms. Brymer read the call for the hearings
Elizabeth Stocker was asked to explain the applications
There were no members of the public present.
The hearings were closed at 10:12 p.m.
Mr. Brymer 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 4.04.500, Article VIII – Miscellaneous Provisions, Section 8.02.520.3 and 8.04.430, Article IX – Site Development Plans, Section 9.01.530, Article V – Erosion and Sediment Control, Sections 10.02.03, 10.02.04, 10.05.100, 10.07.400 and 10.09.100, also
BE IT RESOLVED by the Newtown Planning and Zoning commission that the application by the Commission to amend the subdivision regulations at Article III – Application Procedures for Final Approval of Subdivision Plans, Section 3.01.113 and 3.03.400, Article IV – Substantive Provisions, Section 4.03.310, 4.03.320, 4.03.330 and 4.06.111
SHALL BE APPROVED as outlined in a certain document entitled:
Newtown Planning and Zoning Commission, Proposed Amendments to the Zoning and Subdivision Regulations, pertaining to reference to the Conservation Commission, the Conservation Director, and to the Fairfield County Soil and Water Conservation District dated November 28, 2006
BE IT FURTHER RESOLVED that the reason for the amendments is to make technical revisions that update the zoning and subdivision regulations as they pertain to staff and agency names
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 amendments shall become effective on January 1, 2007.
Seconded by Mr. Mulholland.
Vote: Ms. Dean Yes
Mr. Poulin Yes Ms. Brymer Yes
Mr. Mulholland Yes
Mr. Cruz Yes
Motion approved
ELECTION OF OFFICERS
Ms. Dean nominated Bill O’Neil for Chair. Seconded by Mr. Mulholland. There were no other nominees. The vote was unanimous
Ms. Brymer nominated Lilla Dean for Vice-Chair. Seconded by Mr. Cruz. There were no other nominees. The vote was unanimous
Ms. Dean nominated Jane Brymer as Secretary. Seconded by Mr. Mulholland. There were no other nominees. The vote was unanimous.
Ms. Dean nominated Ann Mazur as Clerk. Seconded by Mr. Poulin. There were no other nominees. The vote was unanimous.
MINUTES
Mr. Cruz made a motion to approve the Minutes of December 7, 2006. Seconded by Mr. Mulholland. The vote was unanimous/
Mr. O’Neil made a motion to adjourn. Seconded by Mr. Cruz.
Vote: Ms. Dean Yes
Mr. Poulin Yes Ms. Brymer Yes
Mr. Mulholland Yes
Mr. Cruz Yes
Motion approved
The meeting adjourned at 10.17 p.m.
Respectfully submitted
________________________
Jane Brymer, Secretary Pro Tem
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