MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut March 20, 2008
Present: Ms. Dean, Mr. Bloom, Secretary Pro Tem; Mr. Mulholland and Mr. English. Alternates: Mr. Belden seated in place of Ms. Brymer. Also present: Ms. Stocker, Director of Planning and Community Development and George Benson, Land Use Director. 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
PUBLIC HEARING
APPLICATION BY ANDY WIGGIN FOR A SPECIAL EXCEPTION TO RENOVATE EXISTING STRUCTURES AND BUILD NEW OFFICE BUILDING AND A ZONE MAP CHANGE TO SPECIAL DEVELOPMENT DISTRICT AS SHOWN ON A CERTAIN MAP ENTITLED “ZONE CHANGE #83 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT”, DATED JANUARY 3, 2008, SCALE 1”=100’, FOR PROPERTY LOCATED AT 84 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 30, BLOCK 10, LOT 44.
Ms. Dean read the call for the hearing and read the correspondence in the file. She noted that the legal notice for the amendment to the zoning regulations was not filed on time. Therefore the hearing will remain open. The Commission will hear the plan for the property at this time.
Larry Edwards, P.E., 247 Stepney Road, Easton, Connecticut explained the plan that would come under the South Main Street Design District. They plan a mix of office and retail space in the existing buildings and a publishing office in the new structure. There would be an on site septic. The Wetland Commission suggested modifications that would be adopted. Parking and egress was explained. The sight lines were excellent. He was wiling to comply with any regulations as required.
John Ruffalo, 415 Howe Avenue, Shelton, Connecticut, architect on the project described the proposed new building with the aid of schematics. He agreed to amend them to reveal the building in its entirety to give the Commission a better idea of how it would ultimately look.
Judy Fishman, 11 Farm Meadow Road, Newtown, Connecticut, owner and potential occupant of the new building to be used for her publishing business said their plan is to allow the buildings to meld with the surrounding homes. There would be extensive plantings.
Ms. Dean advised Ms. Fishman that there would be certain limitations on what would be approved in the retail space.
Andrew Wiggin, 11 Farm Meadow Road, Newtown, Connecticut, applicant, stated that his attorney was out of town but had taken a few notes and attempted to address staff comments.
Ms. Dean asked to hear from the public.
Marlene Bucci, 13 Bonnie Brae Drive, Newtown, Connecticut expressed concerns about the possibility of building another building behind what is planned and the traffic flow on Elm Drive.
Neil Chaudhary, 1 South Brook Lane, Newtown, Connecticut asked about the existing trees and landscaping. He was also concerned about exiting traffic from the property.
Paul Fadus, 5 Sunset Hill Road, Newtown, Connecticut applauded the plans and concept.
The hearing was left open in order to hear responses to the zone change notification. She reminded the applicant that 1/3 retail use would probably be acceptable but uses needed to be low impact. She asked for a traffic specialist to be present at the next meeting.
CORRESPONDENCE/COMMUNICATIONS
DISCUSSION CONCERNING SDD PROPOSAL FOR WALGREENS PHARMACY
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut, Steven Rabinoff, Architect, 58-12 Francis Lewis Boulevard, Flushing, New York and Robin Eshaghpour, CEO Sutphin Properties, 146-14 Jamaica Avenue, Jamaica, New York discussed the plan to build a Walgreen Pharmacy with a drive-in window on the corner of South Main Street and Wasserman Way. The Commission had reservations because drive-through windows are not allowed under the current regulations. Perhaps changes could be made to add pharmacies to banks. The Commission will discuss the matter further with staff.
DISCUSSION CONCERNING PROPOSED AMENDMENT (ADDITIONS) TO SHDD
Paul and Chris Fadus, 5 Sunset Hill Road, Sandy Hook, Connecticut joined the discussion. Ms. Dean met with Ms. Stocker and Mr. Benson and thought it might be advantageous to change the zone to business and professional to give people options. It was considered a good compromise. Ms. Stocker will prepare an application for a future Agenda.
DISCUSSION AND POSSIBLE ACTION
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
There were no further discussions on this matter.
Mr. Bloom moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by this Commission for a comprehensive update and reorganization of the Newtown Zoning Regulations wherein such application is to repeal the existing Zoning Regulations and replace them with a new set of Zoning Regulations as contained within a certain document entitled “Zoning Regulations Town of Newtown, Fairfield County, Connecticut, County of Fairfield County, Connecticut, Town of Newtown, Newtown Planning and Zoning Commission, original effective date August 25, 1958, as revised and adopted effective April 1, 2008”
SHALL BE APPROVED, with change as follows: Add Section 4.01.315 Places of Religious worship and add this to the list of permitted uses in Commercial Zones (page IV-3-6)
BE IT FURTHER RESOLVED that the Commission began this action to reorganize and undertake a comprehensive update of the Newtown Zoning Regulations soon after its adoption of the 2004 Plan of Conservation and Development
BE IT FURTHER RESOLVED that the Commission held open the public hearings on the zoning regulations to provide numerous and adequate opportunities for the public to comment on the regulations over a period of one and a half years.
BE IT FURTHER RESOLVED that the updated and reorganized zoning regulations are consistent with the legislation of the State of Connecticut that enables the Commission to provide zoning regulations that will serve to protect the public health safety and welfare within the community and that the zoning regulations are consistent with the implementation and recommendations of the Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that this action shall become effective on April 1, 2008.
Seconded by Mr. Mulholland.
Vote: Ms. Dean Yes
Mr. Bloom Yes Mr. Mulholland Yes
Mr. English Yes
Mr. Belden Yes
Motion approved
DISCUSSION AND POSSIBLE ACTION
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR TECHNICAL REVISIONS TO THE TOWN OF NEWTOWN SUBDIVISION REGULATIONS NECESSARY FOR THE NEW ZONING REGULATIONS AS CONTAINED IN A CERTAIN DOCUMENT ENTITLED “NEWTOWN PLANNING AND ZONING COMMISSION AMENDMENTS TO THE SUBDIVISION REGULATIONS PERTAINING TO TECHNICAL REVISIONS NECESSARY FOR THE NEW ZONING REGULATIONS”, DATED FEBRUARY 19, 2008
There were no further discussions on this matter
Mr. Bloom moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by this Commission for technical revisions to the Town of Newtown Subdivision Regulations as necessary for the new zoning regulations as written in a certain document entitled “Newtown Planning and Zoning commission amendments to the Subdivision Regulations pertaining to Technical Revisions Necessary for the New Zoning Regulations” dated February 19, 2008
SHALL BE APPROVED with the following changes:
That in addition to the amendments contained within the document cited above, Article IV, Sections 4.06.121 and 4.06.124 shall be repealed and the following shall be inserted in lieu thereof:
4.06.121 Driveway Intersection. All driveways shall intersect the street in a location having the sight distance required by Article IX of the Newtown Road Ordinance and shall intersect the street at right angles when possible (Amended effective 8/16/04, 4/1/08)
4.06.124 Grading. The driveway grade shall be five (5) percent or less for the first thirty (30) feet measured in from the edge of the street. For the purpose of this regulation the term street shall apply to both public and private roadways. Driveways within the lot shall not contain grades greater than fifteen (15) percent, nor average more than twelve (12) percent. Driveway sections having grades of twelve (12) percent or more shall be paved with bituminous concrete or other equal all-weather surface, including ten (10) feet preceding and following the twelve (12) percent or more grades. (Amended effective 4/1/08)
BE IT FURTHER RESOLVED that the amendments are necessary to maintain consistency between the Zoning Regulations and the Subdivision Regulations for the Town of Newtown.
BE IT FURTHER RESOLVED that the amendments are consistent with the Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that the amendments shall become effective on April 1, 2008.
Seconded by Mr. Mulholland
Vote: Ms. Dean Yes
Mr. Bloom Yes Mr. Mulholland Yes
Mr. English Yes
Mr. Belden Yes
Motion approved
DISCUSSION AND POSSIBLE ACTION
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR ZONE MAP CHANGES FOR THE FOLLOWING ADDRESSES: FOR THAT PORTION OF THE LOT CURRENTLY ZONED P-1, CHANGE TO BPO (300 FEET FROM THE CENTERLINE OF MT. PLEASANT ROAD) 12 POCONO ROAD, ASSESSOR’S MAP 2, BLOCK 31, LOT 31 Lt2. CHANGE ZONE FROM P-1 TO BPO IN THEIR ENTIRETY:
182 MT. PLEASANT ROAD, ASSESSOR’S MAP 2, BLOCK 5, LOT 4;
184 MT. PLEASANT ROAD, ASSESSOR’S MAP 2, BLOCK 5, LOT 3;
188 MT. PLEASANT ROAD, ASSESSOR’S MAP 2, BLOCK 5, LOT 2;
190 MT. PLEASANT ROAD, ASSESSOR’S MAP 2, BLOCK 5, LOT 1, AND
MT. PLEASANT ROAD, ASSESSOR’S MAP 2, BLOCK 5, LOT 32
CHANGE ZONE FROM B-3 TO BPO IN THEIR ENTIRETY:
11 MILE HILL ROAD, ASSESSOR’S MAP 28, BLOCK 7, LOT 18, 19-POR;
7 BERKSHIRE ROAD, ASSESSOR’S MAP 38, BLOCK 10, LOT 6 LT A;
13 BERKSHIRE ROAD, ASSESSOR’S MAP 38, BLOCK 10, LOT 1 LT B1;
15 BERKSHIRE ROAD, ASSESSOR’S MAP 38, BLOCK 10, LOT 7 LT B2;
17 BERKSHIRE ROAD, ASSESSOR’S MAP 38, BLOCK 10, LOT 2;
21 BERKSHIRE ROAD, ASSESSOR’S MAP 38, BLOCK 10, LOT 3, AND
50 BERKSHIRE ROAD, ASSESSOR’S MAP 44, BLOCK 3, LOT 1LT A
There were no further discussions on this matter
Mr. Bloom moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by this Commission to change the Zone Map for the following addresses:
For that portion of the lot currently zoned P-1: change to BPO (300 feet from the centerline of Mt. Pleasant Road) 12 Pocono Road, Assessor’s Map 2, Block 31, Lot Lt2
Change Zone from P-1 to BPO in their entirety:
182 Mt. Pleasant Road, Assessor’s Map 2, Block 5, Lot 4;
184 Mt. Pleasant Road, Assessor’s Map 2, Block 5, Lot 3;
188 Mt. Pleasant Road, Assessor’s Map 2, Block 5, Lot 2;
190 Mt. Pleasant Road, Assessor’s Map 2, Block 5, Lot 1;
and, Mt. Pleasant Road, Assessor’s Map 2, Block 5, Lot 32
Change Zone from B-3 to BPO in their entirety:
11 Mile Hill Road, Assessor’s Map 28, Block 7, Lot 18, 19-POR;
7 Berkshire Road, Assessor’s Map 38, Block 10, Lot 6 Lt A;
13 Berkshire Road, Assessor’s Map 38, Block 10, Lot 1 Lt B1;
15 Berkshire Road, Assessor’s Map 38, Block 10, Lot 7 Lt B2;
17 Berkshire Road, Assessor’s Map 38, Block 10, Lot 2;
21 Berkshire Road, Assessor’s Map 38, Block 10, Lot 3;
and, 50 Berkshire Road, Assessor’s Map 38, Block 10, Lot 1 Lt
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the zone changes are necessary to maintain consistency between the Zoning Regulations and the Zone Map for the Town of Newtown and that the Commission finds that the new zones are appropriate to the land uses and properties where the changes are made.
BE IT FURTHER RESOLVED that the zone changes are consistent with the implementation of the recommendations of the Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that the zone changes shall become effective on April 1, 2008.
Seconded by Mr. Belden.
Vote: Ms. Dean Yes
Mr. Bloom Yes Mr. Mulholland Yes
Mr. English Yes
Mr. Belden Yes
Motion approved
DISCUSSION AND POSSIBLE ACTION
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.
There were no further discussions on this matter
Mr. Bloom moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by this Commission to change the zone map for the Industrial M-1, M-2, M-3, M-5 and M-6 zones, the Business B-2, the Conservation and Agriculture C&A and Residential and Farming R-2 zones for certain properties as listed in a certain document entitled “Newtown Planning and Zoning Commission Zone Map Changes to Industrial Zones” dated January 11, 2008, and revised 3/6/08)
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the zone changes are necessary to maintain consistency between the Zoning Regulations and Zone Map for the Town of Newtown and that the Commission finds that the zone changes are appropriate to the land uses and properties where the changes are made.
BE IT FURTHER RESOLVED that the zone changes are consistent with the implementation of the recommendations of the Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that the zone changes shall become effective on April 1, 2008.
Seconded by Mr. Belden.
Vote: Ms. Dean Yes
Mr. Bloom Yes Mr. Mulholland Yes
Mr. English Yes
Mr. Belden Yes
Motion approved
The Commission expressed appreciation to Ms. Brymer and Ms. Stocker for an outstanding job.
COMMUNICATION
Ms. Stocker advised the Commission on a map the consultants had produced showing development potential remaining in Newtown.
Ms. Dean advised the Commission of a request from 5K Enterprises requesting two units instead of one. The Commission could find no problem with the request.
Mr. Belden made a motion to adjourn. Seconded by Mr. Bloom.
Vote: Ms. Dean Yes
Mr. Bloom Yes Mr. Mulholland Yes
Mr. English Yes
Mr. Belden Yes
Motion approved
The meeting adjourned at 10.09 p.m.
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