Town of Newtown, CT Archive

2/15/07

MINUTES

Newtown Planning and Zoning Commission

Land Use Office Regular Meeting

31 Pecks Lane, Newtown, Connecticut February 15, 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 7:40 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 TBT PARTNERS, LLC (AKA 168 & 179 MT. PLEASANT ROAD, LLC) FOR A SPECIAL EXCEPTION TO CONSTRUCT A PROFESSIONAL OFFICE BUILDING, 12 TURBERRY LANE (LOT 11) SANDY HOOK, CONNECTICUT. ASSESSOR’S MAP #45, BLOCK #3, LOT #34 (LOT 11)

Ms. Brymer moved the following:

BE IT RESLVED by the Newtown Planning and Zoning Commission that the application by TNT Partners LLC (aka 168 & 179 Mt. Pleasant Road, LLC) for a special exception to construct a 24,600 square foot office building and related site work as permitted pursuant to Section 4.18.130 and as shown upon a certain set of drawings entitled “TNT Partners, LLC, Proposed Site Development Plan, 12 Turnberry Lane (Lot 11) Newtown, Connecticut” scale 1” = 20’ dated October 2, 2006 and revised 11/27/06 and 12/23/06 for property located on the Assessor’s Map #45, Block #3, Lot #34 (Lot 11)

SHALL BE APPROVED with the following conditions:

1. That all exterior lighting upon the site, including signs, shall be consistent with the “dark sky” objectives to ensure that no light will spill off the site. No routing use of lighting on the top of the building. Except for minimal security lighting, site lighting shall be turned off no later than 9 pm. All lights in unoccupied offices shall automatically turn off by 9 pm.

2. That the signage as shown upon sheet A 103 shall not be internally illuminated

3. That the necessary documents for the well from the State of Connecticut shall be in place before a building permit is issued

4. That the building height shall not exceed the elevations specified on the drawings dated November 16, 2006. All utilities located on the rooftops shall be concealed

5. That the elevation of the sand hill behind the building adjacent to and within the conservation easement shall not be lowered below the elevation that existed on January 1, 2007.

6. That all trees for screening shall be a minimum of 8 feet in height (see plan LP.1)

7. That the emergency vehicle access drive shall be increased to 18 feet wide and shall not encroach into the conservation easement

8. That no excess earth materials from the lot shall leave the subdivision

9. That employees shall have flexible working schedules to minimize traffic congestion

10. That the property owner shall follow a policy for aquifer protection and best management practices for the property. Such policy shall cover both interior operations and exterior grounds maintenance, emergency spill procedures and any other pertinent information pertaining to aquifer protection which shall be followed by the occupants of the premises and if applicable, included within the lease for any tenant. Such a policy shall include the name, title, address, and phone number of the person who will be assigned the responsibility for enforcement of and implementation of such a policy.

The purpose of such a policy is to educate and inform employees and tenants that the property is located in an environmentally sensitive area where the ground water is a public water supply and to provide guidance in best management practices that will be carried out. The Planning and Zoning Commission is available to assist and advise the applicant in the preparation of such a policy.

11. That the policy for aquifer protection procedures and practices shall be posted in a location where all employees and tenants of the premises can view it/

12. That the policy for aquifer protection procedures and practices shall be distributed by the owner or management company to any tenant of the premises along with all least agreements.

13. The dumpster shall be located within a permanent enclosure on the west side of the building that will completely screen it from view and the dumpster shall be covered at all times. A permanent marker shall be installed on the dumpster enclosure alerting tenants, employees and the carting service that the property is located in an aquifer protection district and that unauthorized materials or dumping of hazardous materials is strictly prohibited and that the dumpster is to remain covered at all times. In addition, a sign shall identify the designated contact person and phone number to call in the event that a spill occurs or if the dumpster is overflowing.

14. That no permanent outside storage of commercial vehicles or construction equipment shall be permitted upon the premises

15. That no permanent outside storage of commercial vehicles or construction equipment shall be conducted upon the premises.

16. That the property owner/applicant and the tenants shall follow the minimum standards for uses in the Aquifer protection District pursuant to the Newtown Zoning Regulations.

BE IT FURTHER RESOLVED that the Commission finds that the proposed use will have no significant impact on the aquifer

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.

BE IT FURTHER RESOLVED that the application is consistent with the Industrial (M-4) zone and the Aquifer Protection District.

Seconded by Ms. Dean

Vote: Mr. O’Neil Yes

Ms. Dean Yes

Ms. Brymer Yes

Mr. Poulin Yes

Mr. Mulholland Yes

Motion approved

DISCUSSION AND POSSIBLE ACTION

APPLICATION UNDER CONN. GEN. STAT. #8-30g OF DAUTI CONSTRUCTION LLC FOR (1) AMENDMENT OF NEWTOWN ZONING REGULATIONS (2) REZONING OF 4.568 ACRES; AND (3) SITE DEVELOPMENT PLAN APPROVAL; EDONA COMMONS RESIDENTIAL DEVELOPMENT, 95 & 99 CHURCH HILL ROAD, NEWTOWN, CONNECTICUT ASSESSOR’S MAP #39, BLOCK #1, LOTS # 10 /11

The Commission discussed the issues to be considered in the resolution. Mr. O’Neil asked for two volunteers from the Commission to work on the final wording with Ms. Stocker and the First Selectman. There were a number of issues that the Commission had problems with, including the fact that sewer and water connection had been denied, the setbacks, lack of recreation areas for children, parking and traffic pattern, the lack of sidewalks which was considered dangerous for children, drainage. Also the fact that the development would surround a private house, thereby reducing its value and the poor architectural design of the buildings. The Commission did not consider the site plan acceptable even if the regulations were approved.

The Commission will take action once the wording of the resolution was decided upon.

PUBLIC HEARING (Continued)

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”.

Robert Hall, Esq., 43 Main Street, Newtown, Connecticut had re-worded the amendment with Ms. Stocker and distributed them to the Commission.

Mr. O’Neil asked to hear from the public.

Peter Scott, 18 Mt. Pleasant Road, Newtown, Connecticut inquired about the regulations pertaining to loft square foot area.

Mr. Hall stated that this matter had already been dealt with in the current regulations.

The hearing was closed at 8:30 p.m.

Ms. Brymer moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning commission that the application by Toll Brothers, Inc. to amend the zoning regulations at Section 4.10.110 c. to amend the definition of a dwelling unit for elderly family by adding a paragraph to allow open lofts on a second level as contained in a certain document entitled “Proposed amendment to Section 4.10.110 c. of the Newtown Zoning Regulations (Alternative proposal date February 5, 2007.)

Revised Language:

Where the dwelling unit for elderly families is designed with a second floor but no elevator, the only living area permitted on the second floor shall be a loft open to the floor below. When a loft is built with no elevator the stair shall be designed to allow future installation of a stair glide, and electrical service sufficient to operate the stair glide shall be installed to the stair at the time of construction

SHALL BE APPROVED

BE IT FURTHER RESOLVED that the reason for the amendment is to allow for additional opportunities and diversity in dwelling units for active adults who occupy a dwelling unit for an elderly family.

BE IT FURTHER RESOLVED that the Commission finds that the amendment is consistent with the Newtown Plan of Conservation and Development.

BE IT FURTHER RESOLVED that the amendment shall become effective on February 26, 2007.

Seconded by Mr. Poulin

Vote: Mr. O’Neil Yes

Ms. Dean Yes

Ms. Brymer Yes

Mr. Poulin Yes

Mr. Mulholland Yes

Motion approved

The following application was added to the Agenda:

DISCUSSION AND POSSIBLE ACTION

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 moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Toll Brothers Inc. to amend the special exception approval and aquifer impact finding by modifying the original four buildings with 20 units to seven buildings with 20 units (for units #35 through #54) in the circle of the 54 unit elderly housing development as shown on a certain set of drawings entitled “Regency at Newtown, Oakview Road, Newtown, Connecticut dated April 12, 2005 and last revised on December 20, 2006 for property located on the Assessor’s map #38, Block #12, Lot #3

SHALL BE APPROVED

BE IT FURTHER RESOLVED that the Commission finds that the written statement from the applicant pertaining to the extent of the amendments and impact upon the overall site development and use will have no significant impact on the aquifer.

BE IT FURTHER RESOLVED that the application is consistent with the Elderly Housing (EH 10) Zone and the Aquifer Protection District.

Seconded by Ms. Dean

Vote: Mr. O’Neil Yes

Ms. Dean Yes

Ms. Brymer Yes

Mr. Poulin Yes

Mr. Mulholland Yes

Motion approved

PUBLIC HEARING

APPLICATION BY HIGHLAND PLAZA FOR A SITE DEVELOPMENT PLAN TO INCLUDE RETAIL USES IN CONJUNCTION WITH THE EXISTING RESTAURANT USE. THE SITE PLAN CONSISTS OF ENHANCEMENTS TO PROVIDE CODE COMPLIANCE, GRADING, HANDICAPPED SPACES AND BUILDING ACCESS PATHS THROUGH NEW SIDEWALKS AND MULTIPLE ENTRANCE LOCATIONS INTO THE BUILDING FOR PROPERTY LOCATED AT 121-125 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT (FORMER FIRESIDE INN), ASSESSOR’S MAP #37, BLOCK #2, LOTS #36, 38 AND 46

The hearing was opened at 8:40 p.m.

Ms. Brymer read the call for the hearing

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

Peter Scott, Architectural Engineer, 18 Mount Pleasant Road, Newtown, Connecticut explained the application which incorporated staff requirements. The DOT is going to work with the applicant on relief of turning autos. New plans dated February 14, 2007 were submitted.

Mr. O’Neil asked to hear from the public.

Oscar Sampare, 120/122 South Main Street, Newtown, Connecticut was concerned about his septic in the event the road is widened.

The hearing was closed at 9:35 p.m. No action would be taken until hearing from the DOT.

A recess was called

The meeting reconvened at 9:42 p.m.

PUBLIC HEARING (Continued)

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO ADOPT “SANDY HOOK DESIGN DISTRICT DESIGN GUILDELINES” DATED JUNE, 2006

The Advisory Committee had met with merchants and attorneys to finalize the final wording of the guidelines.

The hearing was closed at 9”45 p.m.

Ms. Brymer moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the Commission finds that the Sandy Hook Design Guidelines dated February 15, 2007 as prepared and presented by the Design Advisory Board are consistent with the Newtown Plan of Conservation and Development and the Purpose and Intent of the Sandy Hook Design District.

With the following provisions:

The date on pages 1 and 2 should be changed to February 15, 2007.

The Commission officers to be updated

Duplicate picture on page 18 to be replaced

BE IT FURTHER RESOLVED that this Commission accepts and approves of their use and distribution.

Seconded by Mr. Poulin

Vote: Mr. O’Neil Yes

Ms. Dean Yes

Ms. Brymer Yes

Mr. Poulin Yes

Mr. Mulholland Yes

Motion approved

CORRESPONDENCE/COMUNICATION

Ms. Dean and Mr. O’Neil will meet with property owners regarding the South Main Street Village District. Attorney Robert Hall will research the matter.

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

Vote: Mr. O’Neil Yes

Ms. Dean Yes

Ms. Brymer Yes

Mr. Poulin Yes

Mr. Mulholland Yes

Motion approved

The meeting adjourned at 10.00 p.m.

Respectfully submitted

________________________

Jane Brymer, Secretary