MINUTES
Newtown Planning and Zoning Commission
Land Use Office Special and Regular Meeting
31 Pecks Lane, Newtown, Connecticut December 6, 2007
Present: Ms. Dean, Ms. Brymer, Mr. Bloom and Mr. Mulholland. Also present: Elizabeth Stocker, Director of Planning and Community Development and George Benson, Director of Land Use. Clerk: Ms. Wilkin
Before starting the meeting Ms. Dean welcomed Richard English has a member of the Commission and Daniel Cruson and James Belden alternates.
The meeting was opened at 7:31p.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
APPLICATION BY VITO KALA FOR AN AMENDMENT TO THE SPECIAL EXCEPTION FOR AN 840 SQUARE FOOT ADDITION TO THE RESTAURANT AND INTERIOR RENOVATIONS AS SHOWN UPON A CERTAIN SET OF DRAWINGS ENTITLED “ZONING LOCATION SURVEY PREPARED FOR ERWIN POTTER AND VITO KAPA SHOWING PROPERTY AT RIVERSIDE ROAD AND WASHINGTON AVENUE, NEWTOWN, CONNECTICUT” SCALE 1” = 30’ DATED FEBRUARY 6, 1998, REVISED 10/16/07 FOR PROPERTY LOCATED AT 4 RIVERSIDE ROAD SHOWN ON THE ASSESSOR’S MAP 39, BLOCK 4, LOT 14
Ms. Brymer read the call for the hearing.
Ms. Dean read the correspondence in the file then asked to hear from the applicant.
Vito Kala, Villa Restaurant, 4 Riverside Road, Sandy Hook, Connecticut agreed to meet with Ms. Stocker and the Architectural Design Board because certain changes did not meet the SHDD requirements. The hearing will be continued once there is an outcome to these meeting(s).
PUBLIC HEARING (Continued)
APPLICATION BY HIGHLAND HC, LLC FOR APPLICATION FOR A ZONE MAP CHANGE TO A SPECIAL DEVELOPMENT DISTRICT #1 PURSUANT TO SECTION 4.28.430 OF THE TOWN OF NEWTOWN ZONING REGULATIONS FOR PROPERTY LOCATED AT 121, 123 AND 125 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “HIGHLAND PLAZA, PHASE II COVER SHEET, DATED 8/10/07, SCALE 1” = 60’ 0”, ASSESSOR’S MAP 37, BLOCK 2, LOTS 36, 38, AND 46
Camille De Gallen, Esq., Chipman & Mazzucco, 30 Main Street, Danbury, Connecticut, representing the applicant requested a delay in the hearing till Mr. Scott, who was detained in traffic, could attend.
CORRESPONDENCE/COMMUNICATIONS
EXPLANATION OF BIOFUEL OPERATIONS
Bill Carboni, P.E., Spath Bjorklund, 593 Main Street, Monroe, Connecticut explained the engineering aspects of the proposed site which was considered ideal due to its proximity to the rail lines. He distributed a document “Pre-Application Information Explanation of Biofuels Operations, Town of Newtown, Connecticut” dated December 6, 2007, a copy of which was placed in the file for public review.
Michelle Henderson, Chief Technology Officer and Director of Planning, Interstate Biofuels LLC, 1 Penn Plaza, New York, New York explained the technical aspects of their business. She was joined by Fredric Giffords, Co-CEO, Kenneth Campbell, Chief Sales and Marketing Officer and Charles Allison, Jr., Co-CEO and Chief Financial Officer. Together they went through the proposal, answering pertinent questions.
Ms. Dean thanked everyone for their presentation, adding that she looked forward to seeing a formal application.
A recess was called at 8:45 p.m.
The meeting reconvened at 8:55 p.m.
EXPLANATION OF PROPOSED CHANGES TO PLAZA SOUTH
Peder Scott, P.E., 3871 Route 6, Brewster, New York apologized to the Commission for his late arrival. He explained the minor changes which were approved by the Architectural Review Board.
Dick Wood, 4 Summerhill Road, Bethel, Connecticut, chief engineer for the project, stated that they hope to start early January.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Plaza South, LLC for an amendment to the special exception approval allowing the construction of a 68,000 square foot shopping center on South Main Street where by a 10,000 square foot learning center and an outdoor area will replaced the building previously approved, the parking will be revised in the area of this change and 5,000 square foot of open space will be added to the retail building #2 causing no change in the overall square footage of the project as shown on a certain drawing entitled “Parking Site Plan, Plaza South” Drawing No. S1 dated January 16, 2006, last revised 11/20/07 for property located on the Assessor’s Map 36, Block 14, Lot 1. The unlit signs are approved for the learning center as submitted.
SHALL BE APPROVED
This approval does not amend any of the conditions previously approved for this application.
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
PUBLIC HEARING (Continued)
APPLICATION BY HIGHLAND HC, LLC FOR APPLICATION FOR A ZONE MAP CHANGE TO A SPECIAL DEVELOPMENT DISTRICT #1 PURSUANT TO SECTION 4.28.430 OF THE TOWN OF NEWTOWN ZONING REGULATIONS FOR PROPERTY LOCATED AT 121, 123 AND 125 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “HIGHLAND PLAZA, PHASE II COVER SHEET, DATED 8/10/07, SCALE 1” = 60’ 0”, ASSESSOR’S MAP 37, BLOCK 2, LOTS 36, 38, AND 46
Peder Scott, P.E., 3871 Route 6, Brewster, New York representing the applicant submitted a mylar for filing entitled “SDD1 Zone Change Detailed Plans” 12/4/07
Ms. Dean asked to hear from the public.
Chris Qualey, 1 Cedar Circle, Newtown, Connecticut wanted an explanation of the zone change.
The hearing was closed at 9:31 p.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 a zone change from General Business (B-2) and Industrial (M-2) to Special Development District #1 (SDD1) pursuant to Section 4.28.500 of the Town of Newtown zoning regulations, for property located at 121, 123 and 125 South Main Street, Newtown, Connecticut, as shown on a certain set of drawings entitled “SDD1 Zone change Detailed Plans Highland Plaza” dated August 10, 2007 last revised 12/4/07, scale 1” = 60’ for property located on the Assessor’s Map 37, Block 2, Lots 36 and 38
SHALL BE APPROVED.
BE IT FURTHER RESOLVED that the Commission finds that the zone map change is 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
§ the purpose and intent of the Special Development District #1 (SDD1) at section 4.29, and
§ the Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that the zone map change shall become effective after a certified copy of the Detailed Plan is filed in the Town Clerk’s office and following the publication of a legal notice pursuant to Section 4.28.570 of the zoning regulations.
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
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. AS REFERRED TO IN A CERTAIN MAP ENTITLED “HIGHLAND PLAZA PHASE II COVER SHEET HIGHLAND PLAZA” DATED 8/10/07, SCALE 1” = 60’-0”ASSESSOR’S MAP 37, BLOCK 2, LOTS 36, 38 AND 46
Peder Scott, P.E., 3871 Route 6, Brewster, New York representing the applicant confirmed that they were in possession of a Wetland Permit. He noted reviews from the Fire Department and Police Commission. The stormwater management had not yet been reviewed by the Town Engineer. He went on to explain the lighting and signage as well as landscaping and plantings, which now includes shrubs as well as trees.
Bill Brunetti, Project Manager, Butterfield Road, Newtown, Connecticut advised the Commission on how much debris had been removed from the wetland area.
Ms. Dean asked to hear from the public.
Chris Qualey, 1 Cedar Circle, Newtown, Connecticut asked about the traffic and environmental impact.
Mark D’Amico, 5 Prospect Drive, Newtown, Connecticut expressed concern about his potential lack of privacy when built. He had a Market Analysis and impact study that indicated how much his house would depreciate.
Mr. Scott addressed his questions agreeing not to put windows on the side of the building facing Mr. D’Amico’s house. They want to work with the neighbors and suggested a 6-8 ft berm using the abundance of top soil on the property.
Ms. DeGallen reminded the Commission that this property was always slated for commercial development.
The hearing was closed at 10:57 p.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 a Site Development Plan pursuant to Sections 4.29.200 and 9.00 to permit the construction of Phase II for Building #2 having 22,000 square feet with parking below and a bank Building #3 with a drive through where such uses are in addition to the Phase I development which has 33,228 square feet of parking for 323 vehicles. Such improvements are shown upon a certain set of drawings entitled “Phase II Cover Sheet, Highland Plaza” dated August 10, 2007 and last revised 11/15/07 for properties located at 121, 123 and 125 south Main Street, Newtown, Connecticut as shown upon the Assessor’s Map 37, Block 2, Lots 36, 38 and 46
SHALL BE APPROVED with the following conditions:
1. That the approval for the revised septic system plan for Phase I shall be in place before a building permit is issued for Phase ll
2. That a storm water management plan consistent with the Town of Newtown standards shall be submitted and approved by the Town Engineer before a building permit is issued for Phase II
3. That an A-2 survey for the revised lot lines consistent with the zoning and health department regulations shall be submitted for approval. No building permits for Phase II shall be issued until the survey is recorded in the Newtown Land Records
4. That the signage plan for the project as outlined on Drawing No. SN2 dated 11/9/07 and SY8 date revised 11/7/07 is approved with the following modifications
a. That the Directory/Monument sign (#5) shall include the name of the center (Highland Plaza) and the address only. No tenant names shall appear on this sign
b. That the two Internal Directional signs (#7) located at the main entrance shall be moved further into the site to direct drivers to the applicable building. The location shall be approved by the Commission Chair.
5. That all dumpsters shall be located upon concrete pads, shall be completely enclosed and screened from view and shall remain covered at all times
6. That cross easements for access, shared parking and maintenance between 121, 123 and 125 South Main Street shall be executed to ensure that they are consolidated for purposes of this project and that such easements shall be filed in the Newtown Land Records before the certificate of occupancy is issued.
7. That cross easements between Goodwick property (37-2-37) and the subject 121. 123 and 125 South Main Street shall be executed to ensure that the access and parking arrangements shown upon these plans are in place to support this project. Such easements shall be filed in the Newtown Land Records before the certificate of occupancy is issued.
8. That the landscape trees shall be maintained for three (3) years
9. No windows on the south side of Building #2
10. The berm on the south side will be continued toward the rear of the property to the edge of the wetlands.
11. No light poles shall exceed 24ft in total.
BE IT FURTHER RESOLVED that the Commission finds that the application meets the Design Review Guidelines of the South Main Village Design District, Section 4.27, the standards and criteria for site development plan approval as set forth in Sections 9.01.610 through 9.01.690 of the Zoning Regulations and that the application is consistent with the SDD1 zone.
BE IT FURTHER RESOLVED that this approval shall become effective following the effective date of the SDD1 Zone Map Change.
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
Ms. Bryner made a motion to adjourn. Seconded by Mr. Bloom.
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
The meeting adjourned at 11.05 p.m.
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