MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut October 18, 2007
Present: Ms. Dean, Mr. Poulin, and Mr. Bloom. Alternates: Mr. Mulholland seated for Mr. Wilson. Also present: George Benson, Land Use Director. Clerk: Ms. Wilkin
The meeting was opened at 7:33p.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
Before the meeting commenced, it was noted that Mr. Wilson resigned the Commission due to relocation. The Commission commended him on his service to the Commission and the Town of Newtown.
EXECUTIVE SESSION
GCS 8-24 REFERRAL FROM THE BOARD OF SELECTMEN REGARDING PROPOSED ACQUISITION OF PROPERTY
Ms. Dean made a motion to go into Executive Session to discuss the above captioned acquisition of property. Seconded by Mr. Bloom. The vote was unanimous.
At 8:04 p.m. Ms. Dean made a motion to come out of Executive Session and resume the meeting. Seconded by Mr. Poulin. The vote was unanimous
Motion approved
A brief recess was called at 7:55 p.m. The meeting reconvened at 7:57 p.m.
PUBLIC HEARING (Continued)
APLICATION 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.
Francis Pennarola, Esq., representing the Newtown Youth Academy briefly explained the application.
Tom Hammerberg, Stantec, 2311 Whitney Avenue, Hamden, Connecticut briefly explained the parking and how it would be reconfigured once Greenwich House and Litchfield House are demolished.
Robert Jeckle and Andy Willy, representing the Fairfield Hills authority advised the Commission that they were closely involved with the parking plan.
Mr. Benson noted that all staff members involved with parking has signed off on the project.
Mr. Hammerberg continued explaining the lighting and explained that the interior set-up had changed to protect the wetlands. Fire hydrants had been relocated to be more accessible for fire trucks. They have complied with the Architectural Review Board’s request to provide patios. He went on to explain the landscaping and potential parking for buses. They agreed with Mr. Mulholland’s request to maintain as many of the mature trees in the parking area as possible even if it involved elimination of some lots.
Chris DeAngelis, P.E., Stantec, 2311 Whitney Avenue, Hamden, Connecticut went through the storm drainage and distributed a letter addressed to George Benson 10/18/07.
Mr. Pennorola gave a more detailed description of the proposed lighting. They will adhere to the dark skies requirements.
Ms. Dean asked to hear from the public.
Ruby Johnson, 16 Chestnut Hill Road, Sandy Hook, Connecticut thought the proposal poorly done and the parking an insult. She would prefer to have less parking in the front so the attractive building could be better appreciated. She asked about the allotted funds to demolish Greenwich and Litchfield Houses. She said they should be dropped before this project is begun.
Mr. Pennarola responded that the Town has not authorized funding to demolish these houses. They are trying to deal with current conditions.
Mr. Jeckle stated that Ms. Johnson’s details about funding the demolition of Greenwich and Litchfield Houses is incorrect. Revisions have to go to the Selectmen for Master Plan revision.
The hearing was closed at 8:55 p.m.
ACTION:
BE IT RESOLVED by the Newtown Planning and zoning Commission that the application by Fairfield Hills authority for a special exception to construct an 80,200 square foot sports facility and related site work as permitted pursuant to Section 4.23.300 and as shown upon a certain set of drawings entitled “Layout Plan, Newtown Youth Academy, LLC, Fairfield Hills Campus, Newtown, Connecticut’ scale 1”=40’ dated September 5, 2007 and revised 10/12/07
SHALL BE APPROVED with the following conditions:
1. That the Fairfield Hills Authority shall follow a policy for aquifer protection and best management practices for the subject premises and the property. Such policy shall cover both interior operations and exterior ground 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 least 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.
2. 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.
3. That the policy for aquifer protection procedures and practices shall be distributed by Fairfield Hills authority or the management company to any tenant of the premises along with all lease agreements.
4. The dumpster shall be located within a permanent enclosure 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.
5. That no permanent outside storage of commercial vehicles or construction equipment shall be permitted upon the premises.
6. That no maintenance of any commercial vehicles or construction equipment shall be conducted upon the premises.
7. That the property owner/applicant and the tenants shall follow the minimum standards for uses in the Aquifer Protection District pursuant to Newtown Zoning Regulations.
8. Trees that are in the parking lot should be preserved after consultation with the Tree Warden.
9. All lighting shall be dark skies compliant.
BE IT FURTHER RESOLVED that the Commission funds 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 Fairfield Hills Adaptive Reuse (FHAR) zone and the Aquifer Protection District.
Seconded by Mr. Bloom
Ms. Dean said that it is important that the applicant come before the Commission in a more timely manner in future to avoid putting excessive burdens on the staff.
Mr. Poulin made a friendly motion to add the following to the resolution:
10. When Greenwich House is demolished the temporary parking adjacent to the Newtown Youth Academy will be removed. The plan on PO-1 Master Parking will be implemented (September 18, 2007)
Seconded by Mr. Bloom. The vote was unanimous
Vote on the resolution as revised: Ms. Dean Yes
Mr. Poulin Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
PUBLIC HEARING (Continued)
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
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut representing the applicant explained the potential use of the site, confirming that instead of five uses per site it should indicate five uses per building. There is a letter in the file showing updated uses. They are looking to remove limitation from site development approval. He distributed a letter from the Health District dated 8/28/07.
The hearing was closed at 9:29 p.m.
ACTION
BE IT RESOLVED by the Newtown Planning and Zoning commission that the application by 5K enterprises, Inc. for a special exception pursuant to Section 4.18.440 to permit garages to shelter commercial vehicles and construction equipment used off the lot and to allow five permitted uses per building pursuant to Section 4.18.600 as shown upon certain set of drawings entitled “Overall Site Plan Prepared for 5K Enterprises. Inc., 3 Edmond Road, Newtown, Connecticut” dated July 2, 2007 for property located at 3 Edmond Road (previously 71 Church Hill Road) as shown upon the Assessor’s Map 27, Block 6, Lots 9, 11 and 12
SHALL BE APPOVED with the following stipulations :
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 to 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 all dumpsters shall be located upon concrete pads, shall be completely enclosed and screened from view and shall remain covered at all times.
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 and the application to be consistent with the M-5 zone.
Seconded by Mr. Mulholland
Mr. Poulin made a friendly motion to add the following to the resolution:
5. All by right uses of this property will be allowed pursuant to Section 4.18
Seconded by Mr. Mulholland. The vote was unanimous
Vote on the resolution as revised: Ms. Dean Yes
Mr. Poulin Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
A recess was called at 9:27 p.m. the meeting reconvened at 9:47 p.m.
PUBLIC HEARING
APPLICATION BY HIGHLAND HC LLC FOR A SITE DEVELOPMENT PLAN, PHASE II, HIGHLAND PLAZA, 121, 123 & 125 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT. ASSESSOR’S MAP 37, BLOCK 2, LOTS 36, 38 AND 46
Mr. Poulin read the call for the hearing.
Ms. Dean read the correspondence in the file, then asked to hear from the applicant.
Camille De Gallen, Esq., Chipman McGallen, 30 Main Street, Danbury, Connecticut, representing the applicant had met with Elizabeth Stocker, George Benson and Peter Scott to discuss applying under the new Special Design District #1 (SDD1). The Design Review Board will forward their findings.
Peter Scott, P.E., 371 Route 6, Brewster, New York distributed “Zoning Tabulation Comparison”. They are looking for 16 tenants. A sign plan will be forthcoming. He explained the parking spaces, landscaping and lighting.
The Commission discussed the amendment and how to incorporate it. If accepted the applicant will supply all required forms.
Ms. De Gallen said that all criteria for the Special
William Bernetti, 77 Butternut Road, Newtown, Connecticut, owner, gave the details of a self-storage business interested in the location and a pre-school. He said they want to be considered good neighbors and will listen to people’s concerns. A traffic report based on retail (shopping center) will be forthcoming.
Ms. Dean asked to hear from the public.
John Laricca, 7 Prospect Drive, Newtown, Connecticut opposes the application because it is in his backyard.
Oscar Sampaio, 120 South Main Street, Newtown, Connecticut expressed concern about the traffic.
Mrs. Sampaio, 120 South Main Street, Newtown, Connecticut asked about the proposed entrance and exit, expressing concern about their difficulty getting out of their property. She asked about lighting.
Mr. Scott explained that the DOT requires an acceleration lane and accessibility in and out of the site. He asked for a procedural meeting before the next scheduled meeting of the Commission.
Mr. Bernetti said that building one should be ready by December 1, 2007.
The hearing was left open
CORRESPONDENCE/COMMUNICATIONS
The Commission discussed a letter from Spath Bjorklund regarding a site in Monroe that overlaps into Newtown. The location was approved by the Health Department and if lighting is installed it must be dark sky compliant. The Commission would send a letter responding to the request stating that the Commission had no problem with the proposal.
MINUTES
Mr. Mulholland made a motion to approve the minutes of October 4, 2007 as submitted. Seconded by Mr. Bloom. The vote was unanimous.
The discussion concerning Article X, Site Development Plan was tabled till a future meeting.
Mr. Bloom made a motion to adjourn. Seconded by Mr. Mulholland
Vote: Ms. Dean Yes
Mr. Poulin Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
The meeting adjourned at 10:50 p.m.
| 
