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1/4/07
MINUTES
Newtown Planning and Zoning Commission

Land Use Office                                                          Regular Meeting
31 Pecks Lane, Newtown, Connecticut                       January 4, 2007

Present: Mr. O’Neil, Chair; Ms. Dean,Vie- Chair; Ms. Brymer. Secretary; Mr. Poulin.    Alternates: Mr. Mulholland and Mr. Cruz.  Also present: Ms. Stocker, Director of Community Development. Clerk:  Ms. Wilkin

The meeting was opened at 7:31 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
PUBLIC HEARING (Continued)

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

Jason Williams, Milone & MacBroom, 99 Reality Drive, Cheshire, Connecticut, engineers, addressed concerns and explained the reason for the proposed location of the trailer and model.

Karen Routh, Project Manager, 166 Mount Pleasant Road, Newtown, Connecticut explained how potential buyers would be able to see the actual location of their possible purchase.  

The Commission asked about lighting and the location of the driveway.

Mr. O’Neil asked to hear from the public

Barbara Herman, 48 Jo Al Court, Newtown, Connecticut, noted that the neighbors were given very little notice of the hearing.  She was concerned about traffic, submitting “2005 Traffic volumes – Peak Hours” marked Exhibit “A”, P&Z Approval from Bethel 8/1/05 marked Exhibit “B”. Traffic Impact Study, Purcell Associates December 6, 2006 for Big Y, Bethel marked Exhibit “C” and evidence of late notification that was marked Exhibit “D”

Don Leonard, 38 Jo Al Court, Newtown, Connecticut also mentioned about the late notification and the environmental impact and value of homes in the area.

Elliott Wasserman, 12 Franklin Court, Newtown, Connecticut considered a hidden agenda.  He stated that people would want to see what they were buying

Tom Pumo, 77 Susan Drive, Newtown, Connecticut was concerned about traffic and difficult sight lines

Anthony Salvato, Franklin Court, Newtown, Connecticut expressed concern about tree felling that would affect him and asked if they could consider access through Pocono Road

Bob Marchesi, 17 Franklin Court, Newtown, Connecticut said that this was not the only potential location for the model home and trailer

Bernard Reiner, 26 Franklin Court, Newtown, Connecticut could not see the reason for the location

Mitchell Tschantz, 13 Franklin Court, Newtown, Connecticut expressed concern about the close proximity of the trailer to his property

Mr. Williams addressed the concerns and issues raised.

Mr. Salvato submitted photos of the area

The hearing was closed at 8:21 p.m.  A recess was called

The meeting reconvened at 8:28 p.m.

PUBLIC HEARING (Continued)

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

Dainus Virbickas, Artel Engineering, 304 Federal Road, Brookfield, Connecticut, addressed concerns and issues raised at the previous meeting.  He submitted revised maps reflecting landscape modifications.  They had also modified the plans according to the Health Department’s request.

Kevin Bennett, Bennett & Sullivan Planners, Southbury, Connecticut architect for the site, submitted revised plans reflecting proposed lighting.

Mike Boccetti, TNT Partners, LLC, the applicant addressed concerns of the neighbors

Mr. O’Neil asked to hear from the public

Daniel Doherty, 3 Fir Tree Lane, Newtown, Connecticut acknowledged that he was not notified because he lived just outside the 500 ft range.  He submitted comments and photos of the current TNT building parking area.

Mike Brennan, 2A Fir Tree Lane, Newtown, Connecticut  expressed the same concerns as Mr. Doherty.  He submitted a letter and map of the pond from Bradford E. Smith dated 7/10/82.

Louis Socci, 5 Fir Tree Lane, Newtown, Connecticut was concerned latex separator that was proposed for the septic.

Lars Nordstrom, 7 Fir Tree Lane, Newtown was also concerned about the traffic and the aquifer.  He did not think this was Curtis’ original intent for the site.  He was also concerned about dirt and dust pollution.

Robert Brown, 15 toddy Hill road, Newtown, Connecticut agreed with Mr. Romano about the traffic affecting the quality of life in the area.

Stacy Greenberg, 2 fir Tree Lane, newtown, Connecticut wanted a traffic study.  She expressed concern about water levels, roof height, size of the building and noise emanating from the patio.

Robin Rush Hansen, 8 Quarry Ridge Road, Newtown, Connecticut asked the Commission to hear from the residents and consider the traffic impact

Messrs Virbickas and Bennett addressed the comments and concerns raised.  Mr. Boccetti explained the parking situation of his current building

The hearing was closed at 10:03 p.m.

PUBLIC HEARING

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE TOWN OF NEWTOWN ZONING REGULATIONS PERTAINING TO IMOUSINE SERVICE BUSINESS IN M-5 ZONE AND MINIMUM SQUARE FEET FOR MULTIPLE TENANTS IN THE INDUSTRIAL ZONE.

The hearing was opened at 10:08 p.m.

Ms. Brymer read the call for the hearing

Mr. O’Neil asked Ms. Stocker to explain the reason for the amendment.

Ms. Stocker explained the amendment, submitting a note from Robert Hall, Esq., approving the proposal.

The Commission discussed the amendment, after which Mr. O’Neil asked to hear from the public.

Gordon, Shine, 4 Edgewood Drive, Newtown, Connecticut submitted a letter from Associated Refuse Haulers of America 1/4/07 and Newtown airport & Limousine Service dated 1/4/07.

The hearing was closed at 10:18 p.m.

ACTION

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 4.18.220 and Section 4.18.660

SHALL BE APPROVED

The two Sections shall read as follows:

M-5 Zone

4.18.220        A limousine service business and uses permitted by subsections                          4.11.100, 4.11.200 and 4.11.300 and 4.11.400 hereof.  (amended                          effective 1/15/07)      

4.18.660        reserved (amended effective 1/15/07)

BE IT FURTHER RESOLVED that the reasons for the amendments are as follows:

1.      To allow for limousine service businesses as permitted use in the M-5 zone.  Such a business is found to be a useful and sometimes necessary service utilized in society today.,  This amendment will allow the establishment of new business enterprises within the Town of Newtown thereby allowing for new economic opportunities within the community.

2.      To remove the minimum floor area required by businesses operating within a multiple tenant industrial building within the M-5 and M-6 zones.  The regulations continue to limit the number of tenants that will be permitted as of right but will now permit small businesses to occupy space within such buildings, which will enhance economic opportunities within the Town of Newtown.

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 15, 2007.

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

Ms. Dean made a motion to adjourn.  Seconded by Mr. Mulholland.

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

The meeting adjourned at 10.18 p.m.

                                                        Respectfully submitted


                                                        ________________________
                                                        B. Jane Brymer, Secretary