MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut March 6, 2008
Present: Ms. Dean, Mr. Bloom, Ms. Brymer. Mr. Mulholland and Mr. English. Alternates: Mr. Belden and Mr. Carson. Also present: Ms. Stocker, Director of Planning and Community Development. Clerk: Ms. Wilkin
The meeting was opened at 7:35 p.m. p.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 FROM THE BOROUGH OF NEWTOWN FOR APPLICATIONS FOR VILLAGE DISTRICT, SITE DEVELOPMENT PLAN AND SPECIAL EXCEPTION APPROVALS FOR CONSTRUCTION AT ETON CENTER, QUEEN STREET, BOROUGH OF NEWTOWN
Hugh Sullivan, Bennett & Sullivan, architect and John Zyrlis, TPA Design Group representing Eton Plaza described their proposal with the aid of traffic flow charts and conceptual designs. They had Police Commission approval and meet Borough Standards. After a brief discussion the Commission unanimously approved the plan and will advise the Borough accordingly
PUBLIC HEARING
APPLICATION BY MOUNT PLEASANT ROAD LLC FOR A SPECIAL EXCEPTION TO CONSTRUCT AN OFFICE BUILDING AT 175 MOUNT PLEASANT ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “SITE DEVELOPMENT PLAN PREPARED FOR MT. PLEASANT ROAD, LLC, 175 MOUNT PLEASANT ROAD, NEWTOWN CT.” DATED FEBRUARL 5, 2007, LAST REVISED JANUARY 8, 2008, SCALE 1”=40’, ASSESSOR’S MAP 2, BLOCK 5, LOT 6
The hearing was opened at 8:15 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.
Robert Hall, Esq., representing the applicant submitted an Affidavit of Mailing. We briefly explained the application. They have received approval of the Wetland Commission and the Architectural Design Board. He submitted a letter from R.J. Desrosiers and Associates dated March 5, 2008 regarding the cut and fill requirements.. Staff comments were addressed. Although there was no confirmation on file, the site will be serviced by public water.
Anthony Cirone, 4 Briarwood Lane, Newtown, Connecticut, applicant, explained the uses of the building. He plans to consolidate his two current locations in New Milford and Danbury into one with the possibility of future expansion. The plan is to leave the front building as it is and build a second one at the rear of the property. He submitted a draft Covenant & Dedication Establishing Easement and Cost Sharing for Common Driveway.
Maura Newell, AIA, Principal of SeventyTwoArchiects, 5 Lombardi Street, Danbury, Connecticut, described the design and dimensions of the proposed building. Samples of light fixtures were submitted, which meet the regulations and dark sky requirements.
Robert Sherwood, 16 oxford Road, Newtown, Connecticut described the landscaping and what trees and shrubs he proposed.
Sergio Viera, 491 No. Main Street, Naugatuck, Connecticut, Engineer for the project explained the drainage. A report is in the file.
Mr. Hall would be returning to the Commission with the sign design.
Joseph Balskus, Tigh & Bond, 13 Harmony Street, Danbury, Connecticut submitted a traffic report dated 3/6/08. He explained his findings and concluded there would be no change in the level of service and the site had good sight lines.
Ms. Dean asked to hear from the public.
Susan Von Eggers, 10 Franklin Court, Newtown, Connecticut asked why there were more parking spaces than needed. She expressed concern about water pressure.
Mr. Cirone answered that the extra parking space were for the potential expansion and to service the Grace Church when they have meetings on Sundays and Wednesday evenings
The hearing was left open to hear from the police department and water company.
A recess was called at 9:15 p.m.
The meeting reconvened at 9:25 p.m.
CORRESPONDENCE/COMMUNICATIONS
DISCUSSION CONCERNING EXTENSION OF SHDD UP CHURCH HILL ROAD.
Paul Fadus, 5 Sunset Hill Road, Newtown, Connecticut, owner of a house on Church Hill Road, asked for consideration to come under SHDD. He had met with other residents on Church Hill Road who signed a petition. The reason is that the traffic made the houses undesirable for family dwellings. It would be preferable if they could be used for business.
Ms. Dean noted that SHDD does not have the level of clout of the historic district. The Commission would have to discuss it further and read the submissions and guidelines.
Chris Fadus, distributed a Notice for a Public Planning Workshop dated March 8, 2003 – Workshop Topic #5, highlighting Strategy #2. She said that neighbors need options because the neighborhood had changed.
Ms. Stocker suggested they talk to the sewer authority.
Michael Burton, 107 Church Hill Road, Newtown, Connecticut was in favor of expanding SHDD and thought it should be a business zone.
The Commission said there is a need for a full analysis.
PUBLIC HEARING
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A COMPREHENSIVE UPDATE AND REORGANIZATION OF THE NEWTOWN ZONING REGULATIONS. SUCH APPLICATION IS TO REPEAL THE EXISTING ZONING REGULATIONS AND REPLACE THEM WITH A NEW SET OF ZONING REGULATIONS AND AMENDMENTS TO THE TOWN OF NEWTOWN SUBDIVISION REGULATIONS PERTAINING TO TECHNICAL REVISIONS NECESSARY FOR THE NEW ZONING REGULATIONS. THE PROPOSED REGULATIONS ARE CONTAINED IN A CERTAIN DOCUMENT ENTITLED “ZONING REGULATIONS TOWN OF NEWTOWN, FAIRFIELD COUNTY, CONNECTICUT, TOWN OF NEWTOWN, NEWTOWN PLANNING AND ZONING COMMISSION, ORIGINAL EFFECTIVE DATE AUGUST 25, 1958, AS AMENDED THROUGH NOVEMBER 19, 2007” AND IN A CERTAIN DOCUMENT ENTITLED “NEWTOWN PLANNING AND ZONING COMISSION AMENDMENTS TO THE SUBDIVISION REGULATIONS PERTAINING TO TECHNICAL
REVISIONS NECESSARY FOR THE NEW ZONING REGULATIONS” DATED FEBRUARY 19, 2008
The hearing was opened at 9:50 p.m.
Ms. Brymer read the call for the hearing
Ms. Dean noted a response from HVCA Cert. 1 stating there would be little municipal impact.
Ms. Stocker, explained the Documents “Newtown Planning and Zoning Commission amendments to the Subdivision Regulations Pertaining to Technical Revisions Necessary for the New Zoning Regulations” dated February 19, 2008 and “Changes to the Zoning Regulations dated November 19, 2007 (ver. 2) 3/6/08 adding definitions and Changes needed for adoption of Newtown Zoning Regulations dated August 25, 1958, as amended through November 19, 2007 (ver.2) dated 3/3/08. She noted that it is necessary to make some minor technical changes which would be discussed at the next meeting.
Robert Hall, 5 Nettleton Avenue, Newtown, Connecticut had no chance to read the new regulations, however he did ask for clarification of vernal pool habitat.
Chris Qualey, 1 Cedar Circle, Newtown, Connecticut considered it a comprehensive update, and asked what had changed and why.
Michael Burton, 107 Church Hill Road, Newtown, Connecticut asked if the M-5 chance could be discussed at the next meeting.
Ms. Dean advised that all the documentation is available in the Land Use Office.
The hearing was closed at 10:48 p.m.
PUBLIC HEARINGS (Continued)
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION FOR CHANGE OF ZONE: M-2 TO F&R-2, M-2 TO M-1 & M-3 IN ITS ENTIRETY, M-2 AND R-1 TO M-1 IN ITS ENTIRETY, B-2 AND M-2 TO B-2 IN ITS ENTIRETY, R-1 AND M-2 TO R-1 IN ITS ENTIRETY, M-2 TO C&A IN ITS ENTIRETY, M-6 TO M-1 OR FROM M-6 AND R-2 TO M-1 IN THEIR ENTIRETY, F&R-2, B-2 AND M-6 TO M-1, M-6 AND M-2 TO M-1, M-6 TO R-2 OR FROM M-6 & R-2 TO R-2 IN THEIR ENTIRETY. LISTED IN A CERTAIN DOCUMENT ENTITLED “NEWTOWN PLANNING AND ZONING COMMISSION PROPOSED ZONE MAP CHANGES” DATED JANUARY 11, 2008.
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION FOR THE FOLLOWING AMENDMENTS TO THE REGULATIONS OR ZONE MAP CHANGES:
ARTICLE IX Administration & Enforcement
ARTICLE VII & CHART VII-I Area, Height & Yard
AFTICLE I Business, Commercial & Professional Zones (zone map change)
ARTICLES III & VII Driveway Turning radii
ARTICLE VIII Excavations
ARTICLE VIII Exterior lighting
ATICLE V Industrial zones
ARTICLE VIII Landscaping, screening & buffers
ATICLE XIII Legislative revisions
ARTICLE VIII Mining
ARTICLE VIII Parking, driveway & loading standards
ARTICLE VIII Performance Standards
ARTICLE VIII Ponds & drainage basins
ARTICLE III Residential uses
ARTICLES I & VIII Signs
ARICLE XI Special Exceptions
ARTICLE VIII Wireless Communication Facilities
Ms. Stocker explained the application again for those who were not present at the first hearing.
Michael Burton, 107 Church Hill Road, Newtown, Connecticut asked if the property at 57A & B Church Hill Road could be zoned M-5.
The Commission unanimously agreed to the change.
The hearings were closed at 10:58 p.m.
Ms. Dean made a motion for an addition to the Agenda. Seconded by Mr. Bloom. The vote was unanimous.
NEWTOWN PLANNING AND ZONING COMMISSION FOR ZONE MAP CHANGES FOR BUSINESS ZONES REVISED MARCH 4, 2008
The Commission and Ms. Stocker discussed the changes.
CORRESPONDENCE/COMMUNICATIONS
The Commission discussed a request from Ron Bolmer, Town Engineer, dated January 9, 2008 regarding Driveway Regulations. After a brief discussion Mr. Mulholland made a motion to approve the changes. Seconded by Mr. Bloom. The vote was unanimous.
Ms. Dean advised of a course at University of Connecticut regarding Land Use Education.
The comprehensive signage for Fairfield Hills was completed.
Ms. Dean noted a request to Toll Bros. by a homeowner requesting a basement and/or loft with bathrooms. The Commission was not in favor of the request confirming that all useable space has to be on the lower floor.
MINUTES
Ms. Brymer made a motion to approve the Minutes of February 21, 1008 with the following corrections: Page 2. Ms. Stocker presented… “businesses serving alcohol. … permits for package store” and on the last page, the motion to adjourn was made by Mr. Belden. Seconded by Mr. Mulholland
Mr. English made a motion to adjourn. Seconded by Mr. Bloom.
Vote: Ms. Dean Yes
Mr. Bloom Yes Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
The meeting adjourned at 11.20 p.m.
Respectfully submitted
________________________
Jane Brymer, Secretary
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