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2/1/07
MINUTES
Newtown Planning and Zoning Commission

Land Use Office                                                          Regular Meeting
31 Pecks Lane, Newtown, Connecticut                      February 1, 2007

Present: Mr. O’Neil, Chair: Ms. Dean, Vice Chair;  Ms. Brymer. Secretary; Mr. Poulin.   Alternate:  Mr. Mulholland.  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 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

The Commission expressed several areas of concern regarding this application.  However, there were no legal reasons for denial.

Ms. Brymer moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Bashert Dev elopers LLC for an amendment to their special exception to install two temporary structures for the purposes of a sales office and model unit at the “Woods at Newtown” and related improvements as shown on a certain set of drawings prepared by Milone & MacBroom entitled “Site Plan Layout and landscaping, Woods at Newtown, Proposed Sales office and Model Unit, Newtown, Connecticut” dated October 24, 2006 and revised 12/6/06 for property located on the Assessor’s map #2, Block #5, Lots #32 and 2.

SHALL BE APPROVED with the following conditions:

1.      That this approval shall be subject to a two year term at which time the structures will be removed and the area restored as approved by the Inland Wetland Commission

2.      The restoration shall include the removal of all asphalt and curb cuts; no boulders shall be added.

3.      That the landscaping shall provide an effective e year round screen of the parking areas from neighboring properties.  Should a revised landscaping plan be necessary, it shall be approved by the Chairman of the Commission or his designee.

4.      That the applicant shall construct and maintain the storm drainage system in accordance with good engineering practice and best management practices.  A reporting schedule shall be submitted to the Commission or its designee for monitoring the system

5.      That the lighting for the parking lot and sign shall have full cut off features to ensure that the light does not flow off site.

6.      No exterior lighting shall be permitted after 9:30 p.m.

7.      Tree cutting shall be kept to a minimum.

BE IT FURTHER RESOLVED that the Commission finds that the application meets the standards and criteria for a special exception as set forth in Sections 8.04.710 through 8.04.790 of the Zoning Regulations and the application is consistent with the Professional (P-1) zone

Seconded by Ms. Dean
                                                        Vote:   Mr. O’Neil              Yes     
                                                                Ms. Dean                Yes
                                                                Ms. Brymer              Yes
                                                                Mr. Poulin              Yes
                                                                Mr. Mulholland  No
Motion approved

A recess was called at 8:15 p.m.

The meeting reconvened at 8:17 p.m.

PUBLIC HEARING

APPLICATION FOR SITE DEVELOPMENT PLAN BY 5-K ENTERPRISES, INC. FOR CONSTRUCTION OF FOUR BUILDINGS FOR LIGHT INDUSTRIAL MANUFACTURING, WAREHOUSE AND OTHER WHOLESALE BUSINESS  71 CHURCH HILL ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #27, BLOCK #6, LOTS #9, 11 AND 12

Ms. Brymer read the call for the hearing

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

Robert Hall, Esq., 43 Main Street, Newtown, Connecticut, representing the applicant explained the application.  He submitted plans for a building on Pecks Lane similar to the application.

Larry Edwards, P.E., 227 Stepney Lane, Easton, Connecticut explained the request in further detail.  He submitted revised landscape plans reflecting the changes requested by the Architectural Review Board.  A traffic impact study dated December, 2006 was submitted and a letter dated 2/1/07 addressing staff comments.  He explained the lighting plan and plantings for the building.

Pat Cleary, Pre-Engineer Building Concepts, 487 Federal Road, Brookfield, Connecticut explained the insulation to be used in construction.  He submitted samples of siding and roofing material.

Ms. Dean asked the applicant to furnish the Commission with formal acceptance to hook-up to the sewer and public water systems.

Mr. Hall requested a continuance, which was granted

A recess was called at 9:21 p.m.

The meeting reconvened at 9:31 p.m.

PUBLIC HEARING

APPLICATION BY TOLL BROTHERS, INC., FOR AN AMENDMENT TO A SPECIAL EXCEPTION TO MODIFY THE BUILDINGS WITHIN THE CIRCLE AND TO CONSTRUCT SIX BUILDINGS WITH THREE UNITS EACH AND ONE TWO UNIT BUILDING INSTEAD OF FOUR BUILDINGS WITH FIVE UNITS EACH, “REGENCY AT NEWTOWN, OAKVIEW ROAD, NEWTOWN, CONNECTICUT’  FOR PROPERTY located on the assessor’s map #38, block #12, LOT #3

Ms. Brymer read the call for the hearing

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

Robert Hall, Esq., 43 Main Street, Newtown, Connecticut representing the applicant explained the requested changes that were a result of the greater popularity of end units.  He submitted a letter from Eastern States engineering dated 1/31/07.

Tom Daly, P.E., Milone & Macbroom, 99 Realty Drive, Cheshire, Connecticut submitted the mail receipt from Fred Hurley to Mr. Hall dated 1/4/07 regarding the changes in the impervious surface.

Dan Walton, Toll Brothers, 53 Church Hill Road, Newtown, Connecticut addressed other issues noting that they did not anticipate any more changes.

The hearing was closed at 9:45 p.m.

PUBLIC HEARING

APPLICATION BY TOLL BROTHERS FOR AN AMENDMENT TO THE TOWN OF NEWTOWN ZOINING REGULATIONS AT SECTION 4.10.110 TO ADD “WHERE THE DWELLING UNIT IS DESIGNED WITH A SECOND FLOOR, THE ONLY LIVING AREA PERMITTED ON THE SECOND FLOOR SHALL BE A LOFT OPEN TO THE FLOOR BELOW”.

Ms. Brymer read the call for the hearing

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

Robert Hall, Esq., 43 Main Street, Newtown, Connecticut representing the applicant explained the amendment.  The difference in roof structure between units with and those without lofts were explained with a photo board.   He agreed to modify the amendment to accommodate electric chairs.  

Dan Walton, Toll Brothers, 53 Church Hill Road, Newtown, Connecticut explained the differences between units.  Once a homeowner decides it cannot be retro-fitted.  

Dave Bauer, Toll Brothers, 53 Church Hill Road, Newtown, Connecticut noted that lofts had not been mentioned to prospective buyers.

Pat Krasnickas, 12 Main Street, Newtown, Connecticut plans to purchase one of the units and likes the idea of lofts

Janice DiBenettio, 7 Elana Lane, Sandy Hook, Connecticut plans to purchase one of the units and also would like to have a loft.

Kathy Fetchuck, 18 Clapboard Ridge, Sandy Hook, Connecticut has a mother who plans to purchase a unit who does not like the idea of a basement but would like a loft.

Mr. Hall asked if the hearing could be left open to revise the language according to what had been discussed.

Mr. O’Neil suggested he work with Ms. Stocker.

MINUTES

Ms. Dean made a motion to approve the minutes of January 18, 2007 as amended.  Seconded by Mr. Mulholland.  The vote was unanimous

Mr. Poulin made a motion to adjourn.  Seconded by Mr. Mulholland

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

The meeting adjourned at 10.19 p.m.

                                                        Respectfully submitted


                                                        ________________________
                                                        Jane Brymer, Secretary