MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut March 15, 2007
Present: Mr. O’Neil, Chair: Ms. Dean, Vice Chair; Ms. Brymer. Secretary; Mr. Poulin. Alternates: Mr. Bloom sat for Mr. Wilson. Clerk: Ms. Wilkin
The meeting was opened at 7:33 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 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
After a brief discussion Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Highland HC, LLC for a Site Plan application pursuant to Section 9.01.200 to permit new construction where demolition already occurred and the renovation and conversion of a single building with a proposed total building area of 33,228 square feet and parking for 190 vehicles to support the following uses: a newly constructed 5,736 square foot restaurant with 120 seats, a wine cellar and storage in the basement, a 2,200 square foot covered terrace plus a 2,200 square foot patio and conversion of the existing building into two levels of retail space with a total of 24,612 square feet of retail area. The lower level of the building will have 11,762 square feet of which 8,962 square feet will be retail and 2,800 square feet will
be mechanical space. The upper level will have 15,650 square feet of retail space. Such improvements are shown upon a certain set of drawings entitled “Phase I Cover Sheet highland Plaza” dated August 2, 2006 and last revised 2/14/07 for properties located at 121, 123 and 125 South Main Street as shown upon the Assessor’s Map #37, Block #2, Lots #36, 38 and 46
SHALL BE APPROVED with the following modifications:
1. That no signs are approved. Should the applicant desire a sign or signs as permitted then a cohesive signage plan shall be developed for the project pursuant to the sign regulations and submitted to the Commission for its approval, no interior lighted signs shall be approved;
2. That 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. That cross easements for 121, 123 and 125 South Main Street be executed to ensure that they are consolidated for purposes of this project and such easements shall be filed in the Newtown Land Records before the certificate of occupancy is issued;
4. That cross easements between Goodwick property and the subject 121, 123 and 125 South Main Street be executed to ensure that the access and parking arrangements shown upon these plans are in place to support this project. Such easements shall be filed in the Newtown Land Records before the certificate of occupancy issued;
5. That the existing parking which is to be removed from the front yard setback be landscaped.
6. That a site lighting plan shall be prepared and provided to the Commission for its approval before a building permit is issued;
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 that the application is consistent with the B-2 zone.
Seconded by Mr. Poulin
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Motion approved
DISCUSSION AND POSSIBLE ACTION
APPLICATION UNDER CONNECTICUT GENERAL STATUE 8-30g OF DAUTI CONSTRUCTION LLC FOR (1) AMENDMENT OF NEWTOWN ZONING REGULATIONS; (2) RE-ZONING 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
This matter was tabled.
PUBLIC HEARING (Continued)
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
After a brief discussion Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by 5K enterprises, Inc. for a site development plan for the construction of four (4) warehouse buildings pursuant to Section 4.18.180 whereby Building #1 is 9,000 square feet, Building #2 is 40,500 square feet, Building #3 is 9,000 square feet and Building #4 is 35,250 square feet for a total building area of 93,750 square feet and to permit a maximum of five (5) warehouse tenants upon the site pursuant to Section 4.18.600 and related site improvements as shown upon a certain set of drawings entitled: “Overall Site Plan Prepared for 5 K Enterprises, Inc.#71 Church Hill Road and Edmond Road, Newtown, Connecticut” dated march 13, 2006 and revised on 3/20/06, 1/8/07, 1/31/07 and 2/2/07 for property located at 71 Church Hill
Road as shown upon the Assessor’s Map #27, Block #6, Lots #9, 11 and 12
SHALL BE APPROVED with the following modifications:
1. That a site lighting plan shall be prepared and provided to the Commission for its approval before a building permit is issued;
2. That a site plan that shows the location of all required fire hydrants as approved by the Fire Marshal and a note added that all buildings will have Knox Boxes shall be submitted before a building permit is issued;
3. That no signs are approved. Should the applicant desire a sign or signs as permitted then a cohesive signage plan shall be developed for the project pursuant to the sign regulations and submitted to the Commission for its approval, no interior lighted signs shall be approved;
4. That the only use permitted with this approval is for the warehouse use pursuant to Section 4.18.180 (also described in the traffic report) and for accessory office space that equal ten percent (10%) of each of the buildings for a maximum of 9,375 square feet upon the site.
5. That all dumpsters shall be located upon a concrete pad, shall be completely enclosed and screened from view and shall remain covered at all times.
6. That no outside storage is permitted
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 M-5 zone
Seconded by Mr. Poulin
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Motion approved
PUBLIC HEARING
APPLICATION BY HAWLEYVILLE DEVELOPMENT LLC FOR A SITE DEVELOPMENT PLAN TO CONSTRUCT A 7,500 SQUARE FOOT GENERAL RETAIL BUILDING FOR PROPERTY LOCATED AT 23 BARNABAS ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #5, BLOCK #14, LOT #1
The hearing was opened at 8:08 p.m.
Ms. Brymer read the call for the hearing.
Mr. O’Neil read the correspondence in the file and asked to hear from the applicant.
Larry Edwards P.E., 227 Stepney Road, Easton, Connecticut, representing the applicant, explained the proposal. He submitted revised plans and a letter dated 3/15/07 addressing staff comments. An addendum to the Landscape Plan of 12/21/06 was submitted. The application is under the Hawleyville Design District and has been before the Architectural Review Board.
The Commission inquired about the design of the buildings and anticipated tenants.
Mr. O’Neil asked to hear from the public.
Don Hutchins, 58 Barnabas Road, Newtown, Connecticut asked about the building that is very close to his home.
Mary Fellows, 120 Walnut Tree Hill Road, Sandy Hook, Connecticut said that the building should be designed with consideration of potential retail businesses interested in the property. The style of the building is very important
Carol Hutchins, 58 Barnabas Road, Newtown, Connecticut was concerned that all that would be visible from her home would be a parking lot.
Mr. Edwards addressed the comments.
The hearing was closed at 8:45 p.m. A recess was called.
The meeting reconvened at 8: 53 p.m.
PUBLIC HEARINGS
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR AN ADENDUM TO THE 2004 PLAN OF CONSERVATION AND DEVELOPMENT
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A PROPOSED ZONE MAP CHANGE TO ESTABLISH A SOUTH MAIN STREET VILLAGE DESIGN DISTRICT
APPLICATION BY THE TOWN OF NEWTOWN PLANING AND ZONING COMMISSION TO ESTABLISH A SOUTH MAIN STREET VILLAGE DESIGN DISTRICT
Ms. Brymer read the call for the hearings
Mr. O’Neil made a presentation with the aid of overhead slides that explained the reason for the proposals. A hard copy of the presentation is in the files. The Commission discussed the benefits of the proposed Village Design District.
Mr. O’Neil asked to hear from the public.
Mary Fellows, 120 Walnut Tree Hill Road, Sandy Hook, Connecticut said that there is a big need for home businesses. This is a difficult area to design and suggested it be changed on an as need basis
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut submitted a memo dated 3/15/07 explaining the problems and suggestions he had regarding the region. He submitted exhibits of existing structures showing that there is no distinctive character or primary focus. A copy of Webster’s Third New International Dictionary showing the meaning of village and district. A Legislative History dated 4/27/98 was submitted noting that this is a mis-use of Village District law. A Zoning map reproduced on 7/31/58 was submitted. He submitted eleven photos of what he thinks is a village. He considered the plan wrong.
Hiram Peck, Planning Consultant, Woodbury, Connecticut submitted a report dated 3/15/07. He asked that the proposals not be adopted. He also submitted ‘Southford – 2006 Plan of Conservation & Development”. He considered this an inappropriate use. He would be happy to return and work with the Commission.
Joseph Voll, 17 Colonial Drive, Monroe, Connecticut noted how the proposal would affect developers.
The hearing remained open.
PUBLIC HEARING
APPPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR AN AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT ART5ICLE III, SECTION 1 – FARMING AND RESIDENTIAL ZONES.
Ms. Brymer read the call for the hearing.
Mr. O’Neil explained the proposed amendments which were discussed at length by the Commission.
The hearing remained open.
EXECUTIVE SESSION
At 10:40 p.m. Ms. Dean made a motion to go into Executive Session to discuss settlement concerning Drew vs. Newtown P&Z Commission and Stock Building Supply. Seconded by Mr. Bloom. The vote was unanimous. The Commission came out of Executive Session at 11:00 p.m.
The Commission unanimously voted to agree with a stipulation and withdrawal of appeal dated February 28, 2007 except for paragraph 13, of the Resolution dated September 21, 2006 shall remain as written.
The Commission unanimously voted to adjourn at 11:05 p.m.
The meeting adjourned at 9:30 p.m.
Respectfully submitted
________________________
Jane Brymer, Secretary
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