Newtown Planning and Zoning Commission
MINUTES
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut August 2, 2007
Present: Ms. Dean, Ms. Brymer, Mr. Poulin, Mr. Wilson and Mr. Bloom. Alternates: Mr. Mulholland. Also present: Elizabeth Stocker, Director of Community Development.
The meeting was opened at 7:30p.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 HEARINGS
APPLICATION BY TUV RHINELAND FOR A SITE DEVELOPMENT PLAN TO CONSTRUCT A NEW TESTING FACILITY IN A COMPOSITE BUILDING, 12 COMMERCE ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 38, BLOCK 1, LOT 18
Ms. Dean read the call for the hearing. She stated that the Commission received a letter from the Inland Wetlands Commission and an Aquifer Protection report.
Ms. Brymer moved the following:
BE IS RESOLVED by Newtown Planning and Zoning Commission that the application by TUV Rhineland of North America, Inc. for a Special Exception and Aquifer Impact Review approval to construct a new 32’x 68’ (2,176 square foot) building and related site work for purposes of testing products as permitted pursuant to Sections 4.18.110 and 4.04.400 of the zoning regulations as shown upon a certain set of drawings entitled “Site Plan Depicting Proposed Addition, Assessor’s Map 38, Block 1, Lot 18, 12 Commerce Road, Newtown, Connecticut, prepared for TUV Rhineland” scale 1”= 20’ dated March 21, 2007 and revised July 18, 2007 for property located on the Assessor’s Map 38, Block 1, Lot 18 shall be approved with the following conditions:
1. That any new exterior lighting installed on the proposed building shall be consistent with the “dark sky” objectives to ensure that light will not reflect into the sky or off the site.
2. That the dumpster shall be located upon an impervious concrete surface within a permanent enclosure that will completely screen it from view from the street or adjacent properties 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.
3. That no permanent outside storage of commercial vehicles or construction equipment shall be permitted upon the premises;
4. That no maintenance of any commercial vehicles or construction equipment shall be conducted upon the premises;
5. 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.
6. That the policy for aquifer protection procedures and practices shall be posted in a location where all employees and tenants, if applicable, of the premises can view it;
7. 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 lease agreements.
8. That the property owner/applicant and the tenants shall follow at least 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 with 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-5) zone and the Aquifer Protection District.
Seconded by Mr. Bloom
Mr. Wilson referenced items 3, 4, & 7 and asked if deed restriction language should be added. It was determined that the existing language is sufficient.
Mr. Poulin suggested the words “at least” be added to item 8 to read “at least the minimum standards ….” Also, remove “with” from “be it further resolved.”
Motion approved unanimously 5 – 0.
APPLICATION BY PATRICK NAPOLITANO AND MARY GAUDET-WILSON TO AMEND THE TOWN OF NEWTOWN ZONING REGULATIONS AT SECTIONS 4.18.300 AND 4.18.875
Ms. Dean read the call and invited Commission to discuss the application.
Mr. Poulin stated concerns over the proposed plans for outdoor playing fields, specifically with noise level and lighting that would disturb neighboring homes in the evening. He supports the idea of indoor fields, but feels it is a big mistake allowing outdoor fields.
Mr. Bloom agreed and stated that, originally, he was not very concerned about outdoor fields.
Mr. Mulholland stated that zoning regulations currently allow for a hotel which would require parking lots lit around the clock.
Ms. Dean stated the property could also be used for light manufacturing, allowing 24/7 shifts which would require exterior lighting. The land has been zoned M-2A since 2000. She feels the distance from neighboring seems significant, especially since I-84 is so close.
Mr. Poulin stated there is a difference between a hotel/conference center and sports fields that would affect noise levels, etc.
Mr. Wilson inquired about having it strictly indoor facilities.
Mr. Poulin would consider that as an option. The traffic is not as much a concern as the lighting and noise levels of outdoor playing fields.
Ms. Brymer stated in 2004 - POCD public input was in support of economic development, but not big box. This application seems to fit in with the public and town’s desire for recreational and sports facilities.
Mr. Poulin stated that the neighbors who purchased their properties did not realize the stated property could be used for such a facility.
Mr. Wilson stated that a special exception can provide Planning & Zoning with the ability to limit hours and intensity of use.
Ms. Dean discussed other uses that are permitted in industrial zones. The EDC supported this, and tax base could be impacted positively. Sports would be a good use.
Ms. Brymer stated that indoor sports are not much different than the use for indoor skating facilities.
Mr. Poulin supports indoor sports
Ms. Dean would like to table action for new consensus.
No action taken.
APPLICATION BY NEWBROOK LLC FOR A FOUR LOT SUBDIVISION, 7 OBTUSE ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 3, BLOCK 7, LOT 15
The Inland Wetlands Commission denied Newbrook’s application.
Memo dated 8/2/07 from E. Stocker was reviewed.
Memo dated 7/23/07 from R. Bolmer reviewed.
Ms. Dean stated the road design is not right for stopping and sight distance. Problems with drainage pipes were noted.
Ms. Brymer noted that deep cuts were a concern referenced in R. Bolmer’s earlier memo.
Ms. Brymer read the draft resolution.
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Newbrook, LLC for a four lot subdivision of 14.835 acres of land as shown on a certain map entitled “Property Survey & Subdivision Map prepared for Newbrook, LLC, Obtuse Road, Newtown, Connecticut” dated July 7, 2006 and revised on 10/18/06, 12/4/06, 1/19/07, 3/12/07, 4/30/07 and 6/14/07, scale 1”= 60’, for property located on the Assessor’s Map 3, Block 7, Lot 15
SHALL BE DISAPPROVED FOR THE FOLLOWING REASONS:
1. The extent of land disturbance proposed for this subdivision is extensive due to the applicant’s plan to put in a road and four large homes upon a site having 14.8 acres of land with wetlands (14.5%) and steep slopes (11.8% of site has slopes > 25%). The proposal causes a need to make deep cuts and fills to meet the requirements of the Town of Newtown Road Ordinance, Zoning Regulations and Subdivision Regulations. The Commission is concerned that the proposed development will be a hazard to public health, safety or welfare. Section 2.03 of the Subdivision Regulations is not satisfied.
2. The application involves land regulated as inland wetlands or watercourses under the provisions of the Inland Wetlands and Water Courses Act of the State of Connecticut and the Newtown Inland Wetlands and Watercourses Regulations. The Commission weighed the July 25, 2007 decision by the IWC to deny the application as relayed in the July 26, 2007 letter to the applicant. The proposed development does not have a license from the Newtown Inland Wetlands Commission (IWC); Section 4.03.330 of the Subdivision Regulations is not met.
3. There are several outstanding issues raised by the Town Engineer in his memo of July 23, 2007 that indicate that the application has not adequately illustrated that the requirements of the zoning regulations (minimum square behind front yard setback) sand and gravel regulations at Sections 1.05, 1.05.100, 1.05.110 and 1.05.120 pertaining to cuts and fills have been or can be met or that the road and storm drainage system are adequately designed to meet the Newtown Road Ordinance. Section 3.09.110 of the Subdivision Regulations is not met.
4. Certification of the soil erosion and sediment control plan for the application is hereby denied pursuant to Section 10.07.100 of the zoning regulations. This decision is based upon the concerns raised by the Conservation Official in his July 31, 2007 memorandum.
Mr. Bloom seconded the motion. Asked for discussion.
Mr. Mulholland referenced four outstanding issues, including a slope disturbance and the large retaining walls. Mr. Poulin agreed.
Ms. Brymer stated the cuts concern her and that the stabilization techniques are not proven. A storm could wash soil into and destroy Pond Brook. This is unacceptable.
Ms. Dean referenced the Inland Wetlands Commission’s expert testimony, which is part of the file, supports the denial.
Commission voted unanimously 5 – 0 for denial.
Ms. Dean discussed Interim Bond Release. She spoke to Town Engineer regarding concerns that inspections would be subjective 50% vs. 30%. All applications would be impacted. Town Engineer does not support this.
Atty. Robert Hall, 43 Main Street, Newtown stated that he also spoke to R. Bolmer (Town Engineer) who did not get the same feedback - Project Engineer would certify versus Town Engineer.
Ms. Dean stated that the Town Engineer does not support partial releases.
Atty. Hall stated Town Engineer would not inspect the sites - the work for releases would be certified by the Project Engineer and Town would have to rely upon the Project Engineer’s certification. Discussed comparison between Liberty and Regency and the Engineer’s involvement.
Ms. Dean stated there could be disagreements between the Applicant and the Town.
Dan Walton for Toll Brothers believes that the purpose of the bond is to be sure improvements are installed. He stated that the Sandy Hook Fire Department was out two times for practice runs and to try out the driveways. He also explained project development status.
Mr. Poulin suggests that they certify the amount done and then leave double of what is left – one shot.
Atty. Hall is fine with this, double what remains, provided it’s not less than 10% (2 x percent remaining). And, provided it’s more than maintenance bond or 10%.
Mr. Wilson will work on this. Hold until next meeting.
TRAILS AT FAIRFIELD HILLS
Item Tabled.
CONGREGATION ADATH ISRAEL – Revision to Parking Lot.
Ms. Dean spoke with Kim Danziger regarding arrows in the parking lot to direct traffic flow.
Mr. Mulholland will review site and report back to Planning & Zoning Commission at next meeting.
MINUTES
The Commission has not received the 7/19/07 minutes. The staff is to resend to the Commission. No action taken.
Ms. Dean asked for public comments (news – Andy at the Bee) to leave.
Ms. Dean motioned to go into Executive Session to discuss pending litigation at 8:40 p.m.
Seconded by Mr. Poulin
Vote unanimous.
Reconvened at 9:32 p.m.
Mr. Poulin made a motion to adjourn. Seconded by Mr. Bloom.
Motion approved
The meeting adjourned at 9.33 p.m.
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