MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut April 3, 2008
Present: Ms. Dean, Mr. Bloom, Ms. Brymer, Mr. Mulholland and Mr. English. Alternates: Mr. Belden and Mr. Cruson Also present: George Benson, Land Use Director. Clerk: Ms. Wilkin
The meeting was opened at 7:33 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 BENEATH THE VINE AND FIG TREE, LLC FOR AN AMENDMENT TO THE TOWN OF NEWTOWN REGULATIONS TO SECTION 4.30, SPECIAL DEVELOPMENT DISTRICT #2 (SDD2) AS NOTED IN A CERTAIN DOCUMENT ENTITLED “PROPOSAL 2/14/08 SUBMITTED BY BENEATH THE VINE AND FIG TREE LLC, 84 SOUTH MAIN STREET, NEWTOWN, CT”. DATED FEBRUARY 14, 2008
The Commission had no problems with this application. There were no comments from the public.
PUBLIC HEARING (Continued)
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.
Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut, advised that all staff comments had been addressed.
John Ruffalo, 415 Howe Avenue, Shelton, Connecticut, architect distributed Photoshop renditions of the proposed building
Mark Davis, Tighe and Bond, Traffic Consultant1000 Bridgeport Avenue, Shelton, Connecticut, submitted his Traffic Report and addressed comments of Elizabeth Stocker, Director of Planning and Community Development.
Judy Fishman, 11 Farm Meadow Road, Newtown, Connecticut asked if the file contained the adjustment to the amendment change. Ms. Dean confirmed that it did.
The hearings were closed at 7:56 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Beneath the Vine and Fig Tree, LLC for an amendment to the Zoning Regulations to establish a Special Development District #2 pursuant to (former Section 4.28.400 and new) Section 6.06.400 of the Zoning Regulations, for property located a 84 South Main Street, Newtown, Connecticut, as shown on a certain concept plan entitled “Overall Site Development Plan Prepared for Andy Wiggin & Judy Fishman, #84 South Main Street, Newtown, Connecticut”, scale 1” = 40’ dated February 8, 2007 and last revised on 1/03/08 for property located on the Assessor’s Map 30, Block 10, Lot 44
SHALL BE APPROVED, as modified by this Commission.
The amendments are set forth in a certain document entitled “Proposal 2/14/08 submitted by Beneath the Vine & Fig Tree, LLC, 84 South Main Street, Newtown, CT” shall be added to Appendix B of the Zoning Regulations as Special Development District #2 (SDD2)
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 2.02.100;
· the purpose and intent of the Special Development District (SDD) at section 6.06.100;
· the design review guidelines for the SMVDD at Section 2.02.400;
· the compatibility objectives for the SMVDD at Section 2.02.430, and
· the Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that the amendment shall become effective on April 14, 2008 or upon the Commission’s approval of detailed plans as required pursuant to Section 6.06.500
Seconded by Mr. Mulholland
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes Motion approved
ACTION
Ms. Bymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Andy Wiggin for a zone map change from Farming and Residential-1 (F&R-1) to Special Development District #2 (SDD2) pursuant to Section 6.06.500 (old 4.28.500) of the Town of Newtown Zoning Regulations for property located at 84 South Main Street, Newtown, Connecticut, as shown on a certain set of drawings entitled “Overall Site Development Plan Prepared for Andy Wiggin & Judy Fishman, 84 South Main Street, Newtown, Connecticut” dated February 8, 2007, last revised 1/3/08, scale 1” = 40’ for property located on the Assessor’s Map 30, Block 10, Lot 44
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 2.02.100;
· the purpose and intent of the Special Development District (SDD) at section 6.06.100;
· the design review guidelines for the SMVDD at Section 2.02.400;
· the compatibility objectives for the SMVDD at Section 2.02.430, and
· the Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that the zone map change shall become effective on April 14, 2008 and after a certified copy of the Detailed Plan is filed in the town Clerk’s office pursuant to Section 6.06.570 of the Zoning Regulations.
Seconded by Mr. English
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Andy Wiggin for a Special Exception approval under the Special Development District #2 for a certain property located at 84 South Main Street, Newtown, Connecticut, as shown on a certain plan entitled “Site Development Plan #84 South Main Street, Newtown, Connecticut”, scale 1” = 20’ dated October 1, 2007 and last revised 1/3/08 for property located on the Assessor’s Map 30, Block 10, Lot 44
SHALL BE APPROVED
However, no signs are approved with this action.
BE IT FURTHER RESOLVED that the Commission finds tht the amendments are consistent with
· the purpose and intent of the South Main Village Design District (SMVDD) at Section 2.02.100;
· the purpose and intent of the Special Development District (SDD) at section 6.06.100;
· the design review guidelines for the SMVDD at Section 2.02.400;
· the compatibility objectives for the SMVDD at Section 2.02.430, and
· the Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that the Commission finds that the application meets the condition requirements for a special exception as set forth in Sections 11.01.421 through 11.01.428 of the Zoning Regulations and the application to be consistent with the SDD2 zone.
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
PUBLIC HEARING
APPICATION BY JONATHAN HAYDEN FOR A FOUR LOT RE-SUBDIVISION, 12 BOTSFORD HILL ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “RESUBDIVISION LOT 3, MIRIAM E. HUGHES SUBDIVISION, PREPARED FOR JONATHAN F. HAYDEN, 12 BOTSFORD HILL ROAD, NEWTOWN, CONNECTICUT’ DATED JANUARY 28, 2008, SCALE 1” = 60’, ASSESSOR’S MAP 47, BLOCK 9. LOT 7 LT3
The hearing was opened at 8:05 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.
Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut explained the application. Because there is no contiguous open space they would like consideration of fee in lieu. They have received staff approvals. He submitted revised plans reflecting changes according to the Town Engineer’s and Ms. Stocker’s comments. No aquifer impact assessment is required,
Ms. Dean asked to hear from the public
Fred Biondi, 7 Stuart Drive, Newtown, Connecticut, expressed concern about potential septic flow into his well. Also privacy and drainage
Mario Pizighelli, 29 Botsford Hill Road, Newtown, Connecticut was concerned about drainage and runoff.
Shulin He, 9 Stuart Drive expressed the same problems as Mr. Biondi
Sue Delius, 21 Swamp Road, Newtown, Connecticut was concerned about blasting and water runoff.
Mr. Edwards addressed the concerns stating that the drainage would be deflected away from Stuart Drive down the proposed driveway. The locations of the septics and wells are within the regulations. There is likely to be blasting and went on to explain the procedures.
The hearing was left open for the Town Engineer’s approval of the final plans and to receive an appraisal for the fee in lieu. It is scheduled to continue on May 1, 2008.
A recess was called at 8:55 p.m.
The meeting reconvened at 9:05 p.m.
PUBLIC HEARING
APPLICATION BY MATHISON R. FLOORS, LLC FOR A SITE DEVELOPMENT PLAN TO EXPAND THE EXISTING RETAIL BUILDING TO A RETAIL AND OFFICE BUILDING, 133 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT AS SHOWN ON A CERTAIN MAP ENTITLED “SITE DEVELOPMENT PLAN #133 SOUTH MAIN STREET, PREPARED FOR MATHISON R. FLOORS, LLC, NEWTOWN, CONNECTICUT’ DATED NOVEMBER 1, 2007, SCALE 1” = 20’, ASSESSOR’S MAP 36, BLOCK 7, LOT 13-LTA-1
Ms. Brymer read the call for the hearing, then asked to hear fro the applicant.
Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut explained the proposed changes to the existing building, which is architecturally identical. The staff had no problems with the application.
Robert Mathison, 73 Riverside Road, Newtown, Connecticut confirmed the proposed lighting
Chuck Spath, Spath Bjorlund, 593 Main Street, Monroe, Connecticut was not opposed to the application as presented.
Chris Qualey, 1 Cedar Circle, Newtown, Connecticut asked about the traffic flow.
Mr. Edwards explained the impact on Route 25 based on existing conditions.
The Commission considered the application to be straightforward.
The hearing was closed at 9:23 p.m.
ACTION
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Mathison R. Floors, LLC for a site development plan to expand the existing commercial building to 9,480 square feet of 6,480 square feet of retail and 3,000 square feet of office use as shown on a certain plan entitled “Site Development Plan #133 South Main Street. Prepared for Mathison R. Floors, LLC, Newtown, Connecticut”, scale 1” = 20’ dated November 1, 2007, last revised 1/3/08 for property located on Assessor’s Map 36, Block 7, Lot 13-LTA-1
SHALL BE APPROVED with the following stipulation:
· All lighting will conform to the “Dark Sky” regulations
BE IT FURTHER RESOLVED that the Commission finds that the application is consistent with the purpose and intent of the south Main Village Design District (SMVDD) at Section 2.02.100
BE IT FURTHER RESOLVED that the Commission finds that the application meets the purpose and intent for a site development plan approval as set forth in Section 10.01.100 of the Zoning Regulations and the application to be consistent with the M-5 zone.
Seconded by Mr. Mulholland
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
CORRESPONDENCE/COMMUNICATIONS
Ms. Dean Rob Sibley’s proposed changes to open space definitions. She asked for comments from the Commission so it can be prepared for public hearing.
The Commission discussed the difference between the storage of vehicles and parking. Ms. Dean asked Mr. Benson if there is a schedule for violations of the aquifer protection statutes. He said there would be for everything of relevance in the regulations.
Mr. Benson noted that part of the old parking regulations that was not replaced had inadvertently been deleted. The Commission will address the matter.
Mr. Mulholland moved to approve the Minutes of March 20, 2008 as submitted. Seconded by Mr. Bloom. The vote was unanimous.
A letter from the First Selectman regarding consultants will be distributed to the Commission for comment.
Mr. Benson will suggest that the application for Hattertown Road be withdrawn due to insufficient usable land
Mr. Bloom made a motion to adjourn. Seconded by Mr. English
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
The meeting adjourned at 9:53 p.m.
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