MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut
December 20, 2007
Present: Ms. Dean, Ms. Brymer, Mr. Bloom, and Mr. English. Alternate: Mr. Belden. Also present: Elizabeth Stocker, Director of Planning and Community Development
The meeting was opened at 7:37p.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
ELECTION OF OFFICERS
Ms. Brymer made a motion to re-elect Ms. Dean as Chair. Mr. Bloom seconded.
Vote: Ms. Brymer Yes
Mr. Bloom Yes
Mr. English Yes
Mr. Belden Yes
There were no other nominations. The motion was approved
Mr. Bloom made a motion to re-elect Ms. Brymer as Secretary. Mr. English seconded.
Vote: Ms. Dean Yes
Mr. Bloom Yes
Mr. English Yes
Mr. Belden Yes
There were no other nominations. The motion was approved
Ms. Dean made a motion to nominate Mr. Bloom vice-chair. Mr. English seconded
Vote: Ms. Brymer Yes
Ms. Brymer Yes
Mr. English Yes
Mr. Belden Yes
There were no other nominations. The motion was approved
MANDATORY REFERRALS
MANDATORY REFERRAL FROM THE BOROUGH OF NEWTOWN FOR PROPOSED AMENDMENTS TO THE BOROUGH ZONING REGULATIONS AT SECTION 4.10 TO ADD SUBSECTION A5; SECTION 6.06D TO ADD LANGUAGE, ADD SUBSECTION 3 TO SECTION 6.07D AND ADD SUBSECTION d TO SECTION 6.07D1
MANDATORY REFERRAL FROM THE BOROUGH OF NEWTOWN FOR APPLICATION FOR VILLAGE DISTRICT, D SITE DEVELOPMENT PLAN AND SPECIAL EXCEPTION FOR CONSTRUCTION AT 47 CHURCH HILL ROAD, BOROUGH OF NEWTOWN
Because both of the above referenced referrals are linked, they were discussed together.
James White, Esq., Pullman and Comley, LLC, 253 Post Road West, Westport, Connecticut representing CCI, developers, explained their intention should the amendments be approved. They wish to erect a gas station/convenience store. A book containing a full description was distributed to the Commissioners. Mr. White asked that they be returned at the end of the discussion in order for them to be distributed to the Borough Zoning Commission.
It is noted that Mr. Mulholland joined the discussion at 7:50 p.m.
Bill Carboni, P.E., Spath Bjorklund, 593 Main Street, Monroe, Connecticut answered questions about the driveway and traffic flow. He agreed to a full service gas station in order to service town residents. They have Fire Marshal approval.
Richard Wiehl, 5 Hatch Road, Newtown, Connecticut, owner of the property answered questions about how patrons would pay for gas.
Richard Mitchell, 800 Main Street South, Southbury, Connecticut, architect, explained the building design with the aid of photo-boards as well as the planned landscaping.
At the end of the discussion Ms. Dean asked the Commission for their comments. It was unanimously approved. She will write a letter to the Borough stating that the Planning and Zoning Commission had no problem with the proposal and considered the regulation changes consistent with the Plan of Conservation and Development.
PUBLIC HEARING (Continued)
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
Robert Aldridge, 13 East Pembroke Road, Danbury, Connecticut, architect, distributed revised drawings and explained the application. The Architectural Review Board had approved the design.
Vito Kala, Villa Restaurant, 4 Riverside Road, Sandy Hook, Connecticut noted that the door will be the same as previously designed to conform with the existing door.
The hearing was closed at 8:40 p.m.
ACTION
Ms Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Vito Kala for an amendment to the special exception for a 840 square foot addition to the restaurant and interior renovations pursuant to Section 4.12.200 and as shown upon a certain set of drawings entitled “Zoning Location Survey (As Built) Prepared for Erwin Potter and Vita Kala Showing Property at Riverside Road & Washington Avenue, Newtown, Connecticut scale 1” = 30’ dated February 6, 1998, last revised 10.16.07 and topography Survey prepared for Verdat Kala dated 12/20/07 for property located at 4 Riverside Road shown on the Assessor’s Map 39, Block 4, Lot 14
SHALL BE APPROVED
It is understood that the easements over adjacent properties for parking spaces and access shall remain in effect. It is further understood that this approval replaces the smaller addition that was approved by this Commission in November 2006.
BE IT FURTHER RESOLVED that the Commission finds that the amendment to the special exception 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 Sandy Hook Design District (SHDD) zone.
Seconded by Mr. Mulholland
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
PUBLIC HEARING
APPLICATION BY EDWARD MOYLE FOR A TWO LOT RESUBDIVISION, 4.8 ACRES, 18 OSBORN HILL ROAD, SANDY HOOK, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “PROPERTY SURVEY & SUBDIVISION MAP PREPARED FOR EDWARD H, MOYLE, 187 OSBORNE HILL ROAD, NEWTOWN, CT”, DATED NOVEMBER 14, 2007, SCALE 1” = 30’ FOR PROPERTY AT 18 OSBORN HILL ROAD, SANDY HOOK, CONNECTCUT, ASSESSOR’S MAP 50, BLOCK 8-1, LOT 3
The hearing was opened at 8:44 p.m.
Ms. Brymer read the call for the hearing
Ms. Dean read the correspondence in the file, then asked to hear from the applicant
Mark Lancor, P.E., DyMar, 325 Main Street South, Southbury, Connecticut representing the applicant noted that they had received a Forestry Permit, septic and wetland approval. He addressed the cut and fill comments raised by the Town Engineer. Although they had open space set aside they would be willing to accept fee in lieu.
After a brief discussion the Commission voted 3-2 against accepting fee in lieu. The hearing was left open in order to receive the Conservation Deed and revised maps.
MINUTES
Ms. Dean made a motion to accept the minutes of November 15, 2007 as submitted. Seconded by Mr. Bloom. The vote was unanimous.
Ms. Brymer made a motion to accept the minutes of December 6, 2007 as submitted. Seconded by Mr. Mulholland. The vote was unanimous.
The meeting recessed at 9:15 p.m. and reconvened at 9:21 p.m.
PUBLIC HEARINGS
APPLICATION BY THE NEWTOWN PLANNING & ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT ARTICLE VII – AREA, HEIGHT AND YARD AS NOTED IN A CERTAIN DOCUMENT ENTITLED “TOWN OF NEWTOWN PLANNING & ZONING COMMISSION PROPOSED AMENDMENT TO ZONING REGULATIONS ARTICLE VII – AREA HEIGHT AND YARD REQUIREMENTS, SECTION 1, SECTIONS 7.01 THROUGH 7.05” DATED OCTOBER 19, 2007 AND “AREA HEIGHT AND YARD BULK CHART” DATED OCTOBER 19. 2007
APPLICATION BY THE NEWTOWN PLANNING & ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT ARTICLE VIII – SUPPLEMENTAL REGULATIONS, SECTION 10 PERFORMANCE STANDARDS AS NOTED IN A CERTAIN DOCUMENT ENTITLED “TOWN OF NEWTOWN PLANNING & ZONING COMMISSION PROPOSED AMENDMENT TO ZONING REGULATIONS ARTICLE VIII – PERFORMANCE STANDARDS, SECTION 10, SECTIONS 8.10.100 THROUGH 8.10.400” DATED NOVEMBER 14, 2007
APLICATION BY THE NEWTOWN PLANNING & ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT ARTICLE VIII – SUPPLEMENTAL REGULATIONS, SECTION 5 EXTERIOR LIGHTINGH AS NOTED IN A CERTAIN DOCUMENT ENTITLED “TOWN OF NEWTOWN PLANNING & ZONING COMMISSION PROPOSED AMENDMENT TO ZONING REGULATIONS ARTIVLE VIII – EXTERIOR LIGHTING, SECTION 5, SECTIONS 8.05.100 THROUGH 8.05.600” DATED NOVEMBER 15, 2007
Elizabeth Stocker addressed the Commission explaining each amendment. Discussions followed which were joined by Attorney Robert Hall and Bill Carboni. The full extent of the discussions can be heard on tape.
CORRESPONDENCE/COMMUNICATIONS
Ms. Dean advised the Commission that a request for a 90 day extension to submit a mylar had been received from Old Farm Hill, Lot 3. The Commission unanimously approved the extension.
DISCUSSION AND POSSIBLE ACTION
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
The Commission was asked to submit suggested changes to the Resolution that had been distributed. Once received they will be incorporated into a final document to be read at the next meeting.
Ms. Dean 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 11.16 p.m.
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