MINUTES
Newtown Planning and Zoning Commission
Land Use Office Special and Regular Meeting
31 Pecks Lane, Newtown, Connecticut November 15, 2007
Present: Ms. Dean, Ms. Brymer, Mr. Poulin, and Mr. Bloom. Alternates: Mr. Mulholland. Also present: Elizabeth Stocker, Director of Planning and Community Development and George Benson, Director of Land Use. Clerk: Ms. Wilkin
SPECIAL MEETING
The meeting was opened at 7:00p.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 WITH THE ADVISORY BOARD.
Members of the Town Advisory Board are George Reichert, Michael Manes, David Grogins, Counsel. Linda Shepard, Borough Zoning Commission and Don Mitchell, Borough Counsel
Ms. Dean made the introductions and distributed handouts. The discussion included Borough Design Process, Other Village Districts, followed by a discussion about what the Planning & Zoning Commission can do to assist the Design Advisory Board and How the Design Advisory Board’s recommendations can best be communicated.
REGULAR MEETING
The meeting was opened at 8.00p.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
MANDATORY REFERRAL
Mandatory Referral per CSG 8-24 from the Town of Newtown Board of Education for a proposed addition to Newtown High School, Berkshire road.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the request for a report on the Newtown High School Expansion and Alteration Project pursuant to Section 8-24 of the CT General Statutes as presented in Interim Superintendent of Schools, Thomas Jokubaitis, is hereby found to be consistent with the 2004 Plan of Conservation and Development
BE IT FURTHER RESOLVED that the Commission recommends that the Board of Education work with the Commission and land use staff so that we may offer comments and input during the planning stages on the concept site plan for the high school expansion and alteration
BE IT FURTHER RESOLVED that the project will require an application for a special exception approval by the Commission pursuant to Section 8.04 and an aquifer impact review pursuant to Section 4.04 of the Newtown Zoning Regulations.
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
PUBLIC HEARING
APPLICATION BY JULIA WASSERMAN FOR A SUBDIVISION OF PROPERTY LOCATED AT 113 WALNUT TREE HILL ROAD, TWO LOTS ON VALLEY FIELD ROAD SOUTH AND RE-SUBDIVISION OF THE LOT ON 113 WALNUT TREE HILL ROAD, AS SHOWN ON A CERTAIN DOCUMENT ENTITLED “RECORD SUBDIVISION PLAN PREPARED FOR JULIA WASSERMAN, WALNUT TREE HILL ROAD, ALBERTS HILL ROAD & VALLEY FIELD ROAD SOUTH, TOWN OF NEWTOWN, COUNTY OF FAIRFIELD, STATE OF CONNECTICUT”, DATED SEPTEMBER 27, 2007, SCALE 1”=200’, ASSESSOR’S MAP 42, BLOCK 1, LOT 4
The hearing was opened at 8:11 p.m.
Ms. Brymer read the call for the hearing.
Ms. Dean read the correspondence in the file and asked to hear from the applicant.
Paul Szymanski, P.E., Arthur H. Howland & Associates, 50A Bridge Street, New Milford, Connecticut advised that abutters were notified for this hearing. The application is to include four lots and 91+ acres of open space. He addressed Ms. Stocker’s and the Town Engineer’s comments. For clarification he distributed a map #5125 dated 1/20/81 “Proposed Subdivision of Land”.
Ms. Dean asked to hear from the public.
Leslie Gunn, 13 Valley Field Road, Newtown, Connecticut expressed concerns with the location of he driveways, drainage and road erosion. She considered an extra four homes would cause excessive traffic.
Chris Qualey, 2 Cedar Circle, Newtown, Connecticut had a question about the make-up of the Board.
Mr. Szymanski addressed the drainage and location of the driveways. They met all sight line requirements
The hearing was closed at 8:35 p.m.
ACTION
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Julia Wasserman for a four lot re-subdivision of property located at 113 Walnut Tree Hill Road and Valley Field Road South, 111.4749 acres as shown on a certain drawing entitled “Record Subdivision Plan prepared for Julia Wasserman, Walnut Tree Hill Road, Alberts Hill Road and Valley Field Road South, Town of Newtown, County of Fairfield, State of Connecticut” dated September 27, 2007 and revised 10/22/07 and 11/12/07, scale 1”= 200’ Sheet R.1 of 3 and shown on a certain drawing entitled “Record subdivision Plan Prepared for Julia Wasserman, 113 Walnut Tree Hill, Town of Newtown, County of Fairfield, State of Connecticut”, dated September 27, 2007 and revised on 10/22/07 and 11/12/07 scale 1”= 40’, Sheet R.2 of
3 and sheet R.3 of 3 for property located on the Assessor’s Map 42, Block 1, Lot 4
SHALL BE APPROVED with the following conditions:
1. That prior to filing the record map in the Newtown Land Records certification that the lot pins and monuments have been set or a lot pin bond in the amount of $4,050 shall be submitted.
2. The conservation easement of 91.530 acres will be added to lot #1
3. Net earth cut for earth lot will not be greater than 200 cubic yards
4. Acceptance of the conservation easement language by the Deputy Director of Land Use
BE IT FURTHER RESOLVED that the application is consistent with the subdivision regulations and the F&R2 zone.
Seconded by Mr. Bloom.
Ms. Dean noted that the Commission had a month to digest this application when originally submitted.
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
PUBLIC HEARINGS (Continued)
APPLICATION BY GRACE CHRISTIAN FELLOWSHIP, INC. FOR A SPECIAL EXCEPTION TO CONSTRUCT A CHURCH, 4 COVERED BRIDGE ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED
“SITE PLAN, GRACE CHRISTIAN FELLOWSHIP CHURCHM ROUTE 25, NEWTOWN, CONNECTICUT” DATED 3/9/07, SCALE 1” = 40’ AS SHOWN ON THE ASSESSOR’S MAP 5, BLOCK 2, LOT 3
Camille DeGallen, Esq., 30 Main Street, Danbury, Connecticut, representing the applicant addressed staff comments, explaining certain changes to the proposed uses and square footage.
Dainius Virbickas, Artel engineering, 304 Federal Road, Brookfield, Connecticut addressed the signs. He noted that he had heard from the water company and will comply with DOT requirements.
The hearing was closed at 8:45 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning commission that the application by Grace Christian Fellowship, Inc. for a special exception to construct a 29,053 square foot church with a 1,052 square foot mezzanine and a 2,086 square foot covered area and the related site improvements upon a 13.735 acre property located at 4 Covered Bridge Road, Newtown, Connecticut, as shown upon a certain map entitled “Site Plan, Grace Christian Fellowship Church, Route 25, Newtown, Connecticut” dated March 9, 2007 and revised 5/1/07 and 11/2/07, scale 1” = 40’ as shown on the Assessor’s Map 5, Block 2, Lot 3.
SHALL BE APPROVED with the following conditions:
1. That prior to issuing a building permit, the applicant shall provide detailed plans of the proposed bridge and drainage analysis to the Town Engineer for his review and approval.
2. That all exterior lighting upon the site, including signs, shall be consistent with the “dark sky” objectives. Exterior lighting shall be arranged to ensure that no light will spill off the site or cause glare that may impact motorists. Except for minimal security lighting, exterior site lighting shall be turned off when the facility is not in use. The applicant is encouraged to utilize energy-wise interior lighting fixtures that will automatically turn off when no motion is detected.
3. This building is not intended to be used as a catering hall or day care center.
BE IT FURTHER RESOLVED that the Commission finds that upon meeting the imposed conditions 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 Residential and Farming (R-2) Zone.
Seconded by Mr. Poulin.
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
PUBLIC HEARING (Continued)
APPLICATION BY JACK SAMOWITZ FOR A FOUR LOT SUBDIVISIION, #40 AND #50 MILE HILL ROAD SOUTH, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 37, BLOCK 8, LOT 5
Ms. Dean noted that the hearing was left open in order to hear from pollution experts and soil specialists.
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut, representing the applicant submitted a deed changing the name of the property owner to Samonent, LLC due Mr. Jack Samowitz’ illness. The Court had granted them time to answer the pollution problem. He distributed and referred to a letter from the DEP dated May 25, 2006. He also addressed the rear lot problem.
Lucas Hellerich, P.E., Metcalf & Eddig, 860 No. Main Street Extension, Wallingford, Connecticut who has been associated with this applicant since 2003 explained the topography of the site, drainage and ground water flow. He said the solvent plume has been scrutinized since the mid 1980s. He stated that the plume appears steady.
Diane Silverman, PhD, Toxicologist, Metcalf & Eddig, 860 Main Street Extension, Wallingford, Connecticut explained the effects of contaminants, particularly TCE. No air testing had been performed.
Mr. Hellerich said they were monitoring wells for TCE as well as other contaminants that had been detected. They were working under DEP direction.
David Hart, Noranda Metals, Inc., Sikeston, Missouri, answered a question raised remediation.
Mr. Hellerich described the plans for remediation. He distributed Public Notice issued by the Army Corp. of Engineers.
Mr. Mulholland asked why the results had not been presented to the Health Department.
Mr. Hall advised that they could enlarge the lots, thereby eliminating the open space, offering a fee in lieu.
Ms. Silverman submitted a report “Human Health Risk Assessment for 20+ Years”. The DEP is still reviewing the report which was submitted early 2007 which explained testing procedures.
Mr. Hart said they had an aggressive approach in the event their approach does not work, including the removal of 5,000 tons of soil. He felt confident they have the problem defined.
Ms. Dean asked why anyone would want to buy a home in this area.
Mr. Benson stated that nothing had been presented to change his mind. There was no protection of potable water and no hydrogeological data available.
Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut submitted maps showing the revised lot size eliminating the open space.
Ms. Dean advised that there was a procedural problem with this as it is not this application.
Ms. Stocker said that fee in lieu is based on the appraised value of the land. She suggested the possible sale of the property to the Noranda company so they can proceed according to their schedule.
Lee Samowitz, applicant, 55 Armitage Drive, Bridgeport, Connecticut, stated that his father bought this land to give t his children. He considered it unfair that innocent landowners should be victimized.
Ms. Dean asked to hear from the public.
David Cortina-Markeet, 59 Mile Hill Road South, Newtown, Connecticut asked why the surrounding houses could not be hooked up to town water and if so, who would pay for it.
Chris Qualey, 1 Cedar Circle, Newtown, Connecticut though filters would solve the problem.
Vincent Yade, 53 Mile Hill Road south advised that his well was contaminated and needs constant testing every three months.
The hearing was closed at 10:55 p.m.
PUBLIC HEARING (Continued)
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
Before proceeding with the hearing, Ms. Stocker submitted changes to a document “Special Development District #1 (SDD1)” after a discussion with Camille De Gallen, Esq.
Camille De Gallen, Esq., Chipman & Mazzucco, 30 Main Street, Danbury, Connecticut, representing the applicant addressed the changes.
Peter Scott, P.E., 3871 Route 6, Brewster, New York went through the proposed signs. He submitted three computer generated conceptual plans. This was followed by a general discussion. Lighting plans had been revised and submitted.
Bill Burnetti, 77 Butterfield Road, Newtown, Connecticut, Construction Manager, explained the lighting.
There were no comments form the public, so the hearing was closed at 11:30p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Highland HC,LLC for an amendment to the Town of Newtown Zoning Regulations to add a new section 4.29 and establish a Special Development District #1, pursuant to Section 4.28.400 of the Town of Newtown zoning Regulations, for property located at 121, 123 and 125 South Main Street, Newtown, Connecticut, as shown in a certain concept plan entitled “Highland Plaza, Phase II Cover Sheet, dated August 10, 2007, scale 1” = 60’ for property located on the Assessor’s May 37, Block 2, Lots 36 and 38
SHALL BE APPROVED.
The amendments are set forth in a certain document entitled “Special Development District #1 dated November 26, 2007.
BE IT FURTHER RESOLVED that the Commission finds that the amendments are consistent with
§ The purpose and intent of the South Main Village Design District (SMVDD) at section 4.27.100;
§ The design criteria for the SMVDD at section 4.27.420;
§ The compatibility objectives for the SMVDD at section 4.27.430, and
§ The Newtown Plan of Conservation and Development
BE IT FURTHR RESOLVED that the amendment shall become effective upon the Commission’s approval of detailed plans as required pursuant to section 4.28.500.
Seconded by Mr. Poulin.
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
CORRESPONDENCE/COMMUNICATIONS
Ms. Dean noted that representatives of The Woods would like to discuss reducing the size of some of the proposed buildings. Ms. Brymer and Mr. Mulholland agreed to meet with them.
There will be a Special Meeting to be held Tuesday, November 20th, 2007 at 10:00am at which time the Commission will go into Executive Session to discuss pending litigation, purchase of property and other issues.
Ms. Dean asked the Commission to think about how to update the notification process to be discussed at a future meeting.
Mr. Mulholland made a motion to adjourn. Seconded by Mr. Bloom.
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
The meeting adjourned at 11.45 p.m.
| 
