MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut September 20, 2007
Present: Mr. Poulin, Chair Pro Tem, Ms. Brymer and Mr. Bloom. Alternates: Mr. Mulholland seated for Ms. Dean. Also present: Elizabeth Stocker, Director of Planning & Development and George Benson, Zoning Officer. Clerk: Ms. Wilkin
The meeting was opened at 7:34p.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 HEARING
APLICATION BY THE TOWN OF NEWTOWN BOARD OF SELECTMEN FOR AN AMENDMENT OF THE FAIRFIELD HILLS MASTER PLAN TO PROVIDE FOR THE FOLLOWING: (1) ADDITION OF A RECREATIONAL FACILITY TO BE LEASED TO THE NEWTOWN YOUTH ACADEMY IN THE APPROXIMATE LOCATION OF BRIDGEWATER HALL, (2) AMENDMENT TO THE PARKING PLAN, (3) CREATION OF A PAD FOR A PROPOSED BUILDING FOR THE NEWTOWN PARKS &RECREATION DEPARTMENT IN THE APPROXIMATE LOCATION OF LITCHFIELD HALL.
Ms. Brymer read the call for the hearing.
Mr. Poulin read the correspondence in the file, then asked to hear from the applicant.
Dick Harrell, Harrall-Michalowski Associates, Inc., Hamden, Connecticut explained the proposed modification to the Master Plan. He distributed a stormwater management handout “Natural Systems & Site Inventory Plan”. He detailed the utilities.
There was extensive discussion about the proposed parking. Mr. Poulin asked for comments from the public.
Gary Tannenbaum, 36 Pond Brook, Newtown, Connecticut asked if the same general parking rules apply and how the use would be divided.
David Grogins, Town Attorney had reviewed questions raised. The transaction with the Youth Academy is a lease which has to come under the Fairfield Hills Adaptive Use.
Ruby Johnson, 16 Chestnut Hill Road, Sandy Hook, Connecticut distributed her comments for the file. She felt that had this proposal been a part of the original Master Plan it would have received more acceptance. There is a need to determine the value of the land. She applauded Mr. D’Amico for his efforts for the town.
Maura Rogers248 Hattertown Road, Newtown, Connecticut, member of the Fairfield Hills Authority, asked for clarification of the lease. Mr. Poulin stated that this is not part of P&Z responsibility.
Walter Motyka, 5 Kent Road, Newtown, Connecticut, member of the Fairfield Hills Authority asked if the parking would be available to everyone.
Mr. Grogins said that the lease was still in draft form and once finalized copies would be made available.
Gary Davis, 23 Charter Ridge Drive, Sandy Hook, Connecticut attended the meeting of the Architect Review Board and considered the potential design an excellent one.
The hearing was closed at 8:48 p.m.
PUBLIC HEARING
APPLICATION BY THE FAIRFIELD HILLS AUTHORITY FOR A SITE DEVELOPMENT PLAN FOR CONSTRUCTION OF A SPORTS FACILITY LOCATED IN FAIRFIELD HILLS, ASSESSOR’S MAP 37, BLOCK 3 LOT 1D, 46 MILE HILL ROAD, NEWTOWN, CONNECTICUT
Ms. Brymer read the call for the hearing.
Mr. Poulin read the correspondence in the file, then asked to hear from the applicant.
Fran Pennarola, Esq., 30 Main Street, Danbury, Connecticut, representing the Newtown Youth Academy who wants to be the lessee if the previous application is approved. Final details still need to be worked out but the primary uses would be an indoor playing field, three basketball courts and a track. They are a not for profit organization.
Tom Hamelberg, Stantec Consulting Ltd., 2321 Whitney Avenue, Hamden, Connecticut , distributed “Improvements to Fairfield Hills Campus, Town of Newtown, Connecticut” dated 9/19/07. He explained the plans with the use of topographical maps and charts.
Dick Harrell, Harrall-Michalowski Associates, Inc., Hamden, Connecticut stated that it is the town’s intention to put in the parking.
Mr. Mulholland would like to see detailed parking and lighting, including handicapped spaces.
Mr. Hamelberg said that the plans needed to be worked out with many people. Landscaping would be in accordance with Fairfield Hills authority. The storm drainage management will be forwarded to the appropriate people.
Phil Clark, Claris Construction, Bridgeport, Connecticut, examined the building design which was approved by the Architecture Review Board. They are trying to make the building as green as financially possible. Staff comments need to be addressed.
Mr. D’Amico, Newtown Youth Academy stated that he is looking to give back to the town.
Gary Tannenbaum, 36 Pond Brook Road, Newtown, Connecticut asked if parking should include special accommodation for buses. He also asked if the track could be on the mezzanine level so it could be used while basketball games are going on.
Ruby Johnson, 16 Chestnut Hill Road, Sandy Hook, Connecticut thinks the facility will get a considerable amount of use.
Po Murray, 38 Charter Ridge Drive, Newtown, Connecticut, asked if the funding for the parking would be from 2001 appropriation. She considered it a much needed use and appreciated Mr. D’Amico’s contribution to the community.
Gary Davis, 23 Charter Ridge Drive, Newtown, Connecticut, commended Mr. D’Amico for the plan. He would like to see surrounding buildings slated for demolition dropped before proceeding.
The hearing was left open in order to receive staff comments.
A recess was called at 9:48 p.m. The meeting reconvened at 10:00 p.m.
ACTION
APLICATION BY THE TOWN OF NEWTOWN BOARD OF SELECTMEN FOR AN AMENDMENT OF THE FAIRFIELD HILLS MASTER PLAN TO PROVIDE FOR THE FOLLOWING: (1) ADDITION OF A RECREATIONAL FACILITY TO BE LEASED TO THE NEWTOWN YOUTH ACADEMY IN THE APPROXIMATE LOCATION OF BRIDGEWATER HALL, (2) AMENDMENT TO THE PARKING PLAN, (3) CREATION OF A PAD FOR A PROPOSED BUILDING FOR THE NEWTOWN PARKS &RECREATION DEPARTMENT IN THE APPROXIMATE LOCATION OF LITCHFIELD HALL.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by the Town of Newtown to modify the Master Plan for Fairfield Hills pursuant to Section 4.23.230 of the Zoning Regulations, for the Newtown Youth Academy, a private sports/recreation facility and to reserve an area for a Town sports/recreation and senior center facility outlined in a certain document entitled “Fairfield Hills Master Plan Modification Public Hearing Discussion Materials” dated September 20, 2007
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the Commission finds that the modified Master Plan is consistent wit the standards and criteria set forth in Section 4.23.214 of the Zoning Regulations.
Seconded by Mr. Bloom
Vote: Mr. Poulin Yes
Ms Brymer Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
MANDATORY REFERRAL (Continued from previous meeting)
MANDATORY REFERRAL FROM THE BOROUGH OF NEWTOWN ZONING COMMISSION CONCERNING PROPOSED AMENDMENTS TO THE BOROUGH OF NEWTOWN ZONING RELATIONS CONCERNING (1) BRINGING NON-COMMERCIAL PROPERTIES INTO THE VILLAGE DISTRICT; (2) BRINGING NON-COMMERCIAL PROPERTIES INTO THE SIDEWALK, LIGHTING AND TRAFFIC FLOW PLAN OF THE VILLAGE DISTRICT, AND (3) ALLOWING HEAVY EQUIPMENT IN RESIDENTIAL AND PROFESSIONAL ZONES WITH A PERMIT PROCESS.
Don Mitchell, Esq., Borough Attorney, explained the details of the referral.
Mr. Poulin made a motion to recommend approval of the mandatory referral noting that the wording regarding heavy equipment be more detailed. Seconded by Mr. Mulholland, The vote was unanimous.
DISCUSSION AND POSSIBLE ACTION
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. Brymer noted that she had heard the tape for the public hearing and read the file and was therefore considered eligible to vote.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning commission that the application by Patrick Napolitano and Mary Gaudet-Wilson to amend the zoning regulations for the M-2A Zone at Section 4.18.300 Purpose and Intent and at Section 4.18.485 which allows recreational facilities as a principal use subject to obtaining a special exception approval
SHALL BE APPROVED as amended by the Commission to read as follows:
1. Section 4.18.300 Planned Commercial Development M-2A Zone shall be amended to read as follows:
4.18.300 Planned Commercial Development M-2A Zone
Purpose and Intent
The purpose of the M-2A zone is to provide for significant economic development activities without adversely impacting the character of the surrounding neighborhoods or overburdening the natural or built environment.
The Planned commercial Development (M-2A) Zone is intended to encourage a large tract commercial development that will result in a stronger economic base for Newtown. It is intended that the land in the district will be developed as a cohesive unit where the development on any parcel will complement the district as a whole. The land use mix features a variety of principal uses including office buildings, a hotel/conference center, light industrial uses, sports/recreational facilities and research and development facilities. Limited retail and service establishments are permitted as accessory uses and are intended to support the permitted principal uses. A pedestrian friendly environment and transit access must be considered in the design of all sites. (Amended effective 4/17/2000,
4/16/2007, 10/1/2007.
2. Section 4.18.485 shall be amended to read as follows (new language in italic)
4.18.485
Sports/recreational facility in the M-2A zone. Such sports/recreational facility may include indoor and/or outdoor golf courses, dance studios, health and exercise facilities, raquetball, squash, basketball, volleyball and tennis courts, baseball, football, soccer and lacrosse fields, field hockey, track and field, swimming pools, ice-skating rinks and any other recognized collegiate sport subject to the condition that any outdoor sports/recreational facility shall not operate past 9:00 p.m. Monday through Saturday or past 7:00 p.m. on Sundays and subject to any other conditions that the Commission may reasonably impost to protect the safety, health and welfare of the community. The sports/recreational facility may include seating for spectators (Added effective
4/16/2007, amended 10/1/2007)
BE IT FURTHER RESOLVED that the reasons for amending the regulations are as follows:
1. The Commission supports the use for sports/recreational uses in the M-2A zone as the use is consistent and compatible with the purpose and intent of the zone. However, potential disturbances that may result from outdoor sporting/recreational activities is recognized and therefore additional standards are necessary to protect adjacent residential neighborhoods from such impacts.
2. The amendment to Section 4.18.485 will provide guidance to potential developers that certain minimum standards are necessary to protect adjacent residential neighborhoods from the impacts of commercial development.
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 October 1, 2007.
Seconded by Mr. Bloom
The Commission discussed the issue of lighting, confirming that lighted fields is currently not permitted in M-2 zones.
Vote: Mr. Poulin Yes
Ms Brymer Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
DISCUSSION AND POSSIBLE ACTION
APPLICATION BY 5-K ENTERPRISES FOR A SPECIAL EXCEPTION TO (1) PERMIT GARAGES TO SHELTER COMMERCIAL VEHICLES AND CONSTRUCTION EQUIPMENT USED OFF THE LOT AND (2) TO CLARIFY THE RESOLUTION OF MARCH 15, 2007 REFERENCING MAXIMUM OF FIVE TENANTS UPON THE SITE RATHER THAN FIVE PER BUILDING AS SHOWN ON A CERTAIN MAP ENTITLED “OVERALL SITE PLAN PREPARED FOR 5-K ENTERPRISES, INC., #3 EDMOND ROAD, NEWTOWN, CONNECTICUT”, SCALE 1” = 100’ DATED JULY 2, 2007, AS SHOWN ON THE ASSESSOR’S MAP 27, BLOCK 6, LOTS 9, 11 AND 12
This application is to be continued to a future meeting.
PUBLIC HEARING (Continued)
APPLICATION BY KEVIN CAROLAN BY A TWO LOT RE-SUBDIVISION AS SHOWN ON A CERTAIN MAP ENTITLED “RE-SUBDIVISION MAP SHOWING RESUBDIVISION OF LOT 3, OLD FARM HILL – SECTION 1A, 22 HORSESHOE RIDGE ROAD, NEWTOWN, CT”ATED JUNE 21, 2007, SCALE 1” = 40’, AS SHOWN ON THE ASSESSOR’S MAP 25, BLOCK 1-70, LOT 3
Matt Scully, SCA Engineering, Old New Milford Road, Brookfield, Connecticut, went over the revisions to the plans. There was a difference in the interpretation of Regulation 8.02.240 and 250 regarding accessways. They can revise the drawings to meet the 25 foot minimum, but it would mean reducing the amount of open space to be offered.
The hearing was left open in order to see the revised plans.
OTHER MATTERS
APLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION TO AMEND THE TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE V, INDUSTRIAL ZONES.
This application is scheduled for public hearing October 4, 2007
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION TO AMEND THE TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE V. FHAR ZONE.
This application is scheduled for public hearing October 4, 2007.
MINUTES
Ms. Brymer moved to accept the minutes dated September 4, 2007. Seconded by Mr. Bloom. The vote was unanimous.
Mr. Mr. Mulholland made a motion to adjourn. Seconded by Mr. Bloom.
Vote: Mr. Poulin Yes
Ms Brymer Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
The meeting adjourned at 11:29 p.m.
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