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04/19/07
MINUTES
Planning and Zoning Commission

Land Use Office                                                 Regular Meeting
31 Pecks Lane, Newtown, Connecticut                         April 19, 2007

Present:        Mr. O’Neil, Chair; Ms. Dean, Vice Chair; Ms. Brymer, Secretary and Mr. Wilson.  Alternates:  Mr. Bloom seated for Mr. Poulin.  Clerk:  Margaret Wilkin

The meeting was opened at 7:36 p.m.  Notice is made that the entire meeting was taped and can be heard in the Land Use Office, 31 Pecks Lane, Newtown, Connecticut.

CGS 8-24 REFERRAL

CGS 8-24 REFERRAL FROM THE TOWN OF NEWTOWN BOARD OF SELECTMEN CONCERNING THE PROPOSED ADDITION TO THE SENIOR CENTER

The Commission agreed that the seniors need more space.  Ms. Dean moved to support the proposed addition to the Senior Center as detailed.  Seconded by Mr. Bloom.  The motion passed unanimously.

DISCUSSION AND POSSIBLE ACTION

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 14, BLOCK 14, LOT 1

Ms. Dean moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Hawleyville Development LLC for a site development plan to construct a 7,500 square foot general retail building for property at 23 Barnabas Road, Newtown, Connecticut.  Assessor’s Map 5, Block 14, Lot 1, as shown upon a certain set of drawings entitled “Site Plan Prepared for Hawleyville Development LLC, 23 Barnabas Road, Newtown, CT, dated 6/1/2006 revised 12/11/06, 1/10/07 and 3/13/07 including a landscape plan dated 12/21/06

SHALL BE APPROVED with the following conditions:

1.      That all lighting upon the site, including signs, shall be consistent with the “dark sky” objectives to ensure that no light will spill off the site.  Except for minimal security lighting, all site lighting shall be turned off after work hours.
2.      That the landscape plan as presented be implemented and maintained for a period of two years.
3.      That no signs are approved.  Should the applicant desire a sign or signs, as permitted by the regulations, then a cohesive signage plan showing materials, size, illumination, design and location 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 all State Department of Health regulations for water supply to the building have been met before a certificate of occupancy 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 the application to be consistent with the HCDD zone.

Seconded by Ms. Brymer

Ms. Dean commented that she was a little concerned about the landscaping plan, hoping that when the applicant does the landscaping on this project he also spruces up the property across the street.

                                        Vote:   Mr. O’’Neil             Yes
                                                Ms. Dean                Yes
                                                Ms. Brymer              Yes
                                                Mr. Wilson              Yes
                                                Mr. Bloom               Yes
Motion approved.

APPLICATON BY TOM BROOK LLC. FOR A SITE DEVELOPMENT PLAN TO CONSTRUCT A 6,600 SQUARE FOOT ACCESSORY BUILDING, 75-77 CHURCH HILL ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #27, BLOCK #7, LOTS #2A&B

Ms. Brymer moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Tom Brook, LLC for a site development plan for the construction of a single 6,600 square foot building pursuant to Section 4.14.100 and 4.11.800 for two retail shops and two offices and related site improvements as shown upon a certain set of drawings entitled “Site Plan 75-77 Church Hill Road, Newtown, Connecticut, Prepared for Gordon Anderson” Sheet 1 of 2, dated March 14, 2006 and revised on 8/18/06, 1/25/07 and 3/1/07, scale 1”=20’ for property shown upon the Assessor’s Map 27, Block 7, Lot 2A and B.

SHALL BE APPROVED with the following modifications:

1.      That the lighting plan shall be limited to that shown on Site Plan revised August 18, 2006.  Any change to the lighting planned for this application must be provided to the Commission for its approval fore a building permit is issued.
2.      That a detailed landscaping plan at a scale of 1”=20’ shall be prepared by a landscape architect licensed to practice in the State of Connecticut (pursuant to Section 7.10.310 – effective 7/26/04) shall be submitted to the Commission for its review and approval before a building permit is issued
3.      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
4.      That the parking schedule shown on the site plan shall be revised to indicate the proper number of parking spaces required in Newtown for the retail (1/200) and office 1/350 uses pursuant to Sections 7.07.107 and 7.07.108 (effective 7/26/04)
5.      That no signs are approved.  Should the applicant desire a sign or signs as permitted by the regulations, then a cohesive signage plan showing materials, size, illumination, design and location 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.
6.      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.
7.      That the applicant must demonstrate compliance with DEP Site Contamination requirements and establish a program to meet DEP monitoring requirements on a continuing basis, 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 0.01.690 and the application to be consistent with the General Business B-2 zone.

Seconded by Mr. Bloom
Vote:   Mr. O’’Neil             Yes
                                                Ms. Dean                Yes
                                                Ms. Brymer              Yes
                                                Mr. Wilson              Yes
                                                Mr. Bloom               Yes
Motion approved.


PUBLIC HEARINGS (Continued)

APPLICATION BY THE TOWN OF NEWTOWN BOARD OF SELECTMEN TO AMEND THE FAIRFIELD HILL MASTER PLAN

Mr. O’Neil noted that the hearing was left open solely to receive information requested at the last meeting.  

Scott Bailey, O&G Industries submitted the development plans to the Fairfield Hills Authority.  He said that the Commission could ask them or O&G for details.

Richard Harrall, Harrall & Michalowski Associates read a memo from the First Selectman addressing issues raised at the last meeting  into the record.  He noted that the plans for a water feature had been withdrawn.  He distributed a binder entitled “Supplemental Information – Fairfield Hills Master Plan – Modification No. 1 – April 17, 2007”

Ryszard Szczypek, Partner with Tai Soo Kim Partners, Architects, 285 Farmington Avenue, Hartford, Connecticut explained why Bridgeport Hall was the preferred building.  It’s shape and the geometry of the building and the site allows for expansion.

Mr. O’Neil asked if Shelton Hall was a viable building and what would be the overall impact if Bridgeport is demolished.  He appreciated the application’s positive arguments but asked to hear any negative ones.

Mr. Harrall noted that at a meeting of the Ad Hoc Committee in 2003 there was a plan to demolish Shelton Hall.  Next month the Commission will be given a site development plan for the athletic field from Parks and Recs.  There are no decisions yet regarding the Plymouth Building which is also in bad shape.  The YMCA has expressed interest in this building.  There are no details ready yet.  He could see no negative aspects to the proposal considering this a good use of the property.

Ms. Brymer wondered how long the buildings could remain mothballed.  Mr. Bailey felt 5 – 7 years which would give the town enough time to implement any proposal.

The hearing was closed at 8:45 p.m.

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT SECTION 5 – PONDS AND DRAINAGE BASINS

The changes were the issue of maintenance as reflected in 8.07.240 and 8.07.314 as well as wording and formatting.   The hearing was continued.

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT ARTICLE VIII – SUPPLEMENTAL REGULATIONS, SECTION 1 – SIGNS, AND ARTICLE 1, SECTION 2 – SIGN DEFINITIONS

There are three proposed changes:  lighted signs, particularly in shopping centers 8.01.531;  perpendicular signs in shopping centers 8.01.700 and agricultural businesses 8.01.612.  The hearing was continued

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR AN AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS A:  ARTICLE III, SECTION 1 – FARMING AND RESIDENTIAL ZONES

The special exception for places of religious worship was removed.  The main change would cover home occupation requirements.  The hearing was continued

MINUTES

Minutes of April 5, 2007 – Ms. Brymer noted that under the Dauti application “Finding of Fact”  No. 1 Church Hill Road, the word ROAD should be capitalized.

Ms. Dean made a motion to approve the minutes as amended.  Seconded by Mr. Bloom.  The vote was unanimous.

Minutes of April 12, 2007 – Ms. Brymer noted that in Mr. Hovious’ dissertation the name Pond Brook should be changed to Deep Brook.

Ms. Dean made a motion to approve the minutes as amended.  Seconded by Mr. Wilson.  The vote was unanimous.

A recess was called at 9:05 p.m.  The meeting reconvened at 9:17 p.m.

CORRESPONDENCE/COMMUNICATIONS

PRESENTATION BY THE TOWN OF NEWTOWN ECONOMIC DEVELOPMENT COMMISSION CONCERNING THE COMMERCE ROAD TECHNOLOGY PARK

Kim Danziger, EDC has been given the responsibility of overseeing this property by the Board of Selectmen.  He noted that the northern parcel was given to the town when the prison was built.  They needed to determine what to do with the property.  The P&Z, Board of Selectmen, Open Space Task Force and Inland Wetland were all involved.  When the town was given the southern section by the State the entire parcel had to be reconfigured into something that would be beneficial to everyone.  The State Legislature had no problem with the plans as long as the open space acreage remained the same.  They were given funds to do an engineering plan and their consultant came up with the revised concept that had been distributed to the Commissioners.  He wants to do the preparation in order to be ready to develop.  The entire property will be treated as if it is in the Aquifer Protection Area.  The open space will be developed with trees and non-invasive species.  

There was a discussion about solar panels, the height of the buildings, parking which could perhaps be underground, the architecture and what type of industry should be considered for the parcel.  Mr. O’Neil noted that there had been discussions considering making this a separate zone.  Ms. Dean was concerned, noting that structures were not allowed on open space.  Mr. O’Neil suggested that Mr. Danziger talks with the Architectural Advisory Board to ensure that the buildings are acceptable from Queen Street and other areas.  Mr. Danziger said that this was the best use of the land and would bring tax income to the Town.  Ms. Brymer was concerned about the proximity to Deep Brook.  Mr. Danziger would like a steering committee to go through everything.  Representatives from P&Z will be decided at the next meeting.

Mr. O’Neil moved to adjourn.  Seconded by Mr. Bloom.  The vote was unanimously approved.

The meeting adjourned at 10:05 p.m.

                                        Respectfully submitted



                                        ________________________
                                        Jane Brymer, Secretary