MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut October 2, 2008
Present: Mr. Bloom, Chair Pro Tem; Ms. Brymer; Mr. Mulhollan; Mr. English. Alternates: Mr. Belden, seated for Ms. Dean and Mr. Cruson Also present: George Benson, Land Use Director. Clerk: Ms. Wilkin
The meeting was opened at 7.34 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 NEWTOWN MAIN, LLC FOR A ZONE MAP CHANGE TO SPECIAL DEVELOPMENT DISTRICT #3 (SDD3) AND AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT SECTION 6.06 FOR PROPERTY LOCATED AT 47-49 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “PROPOSED SITE PLAN WALGREENS, SOUTH MAIN STREET AND MILE HILL ROAD, NEWTOWN, CONNECTICUT”, DATED MAY 14, 2008 AND REVISED, ASSESSOR’S MAP 28, BLOCK 7, LOTS 8 & 9
Mr Bloom read the call for the hearing, read the correspondence in the file and asked to hear from the applicant, which is to build a Walgreens Pharmacy with a drive-up window.
Elizabeth Suchy Esq., 707 Summer Street, Stamford, Connecticut representing the applicant explained the application.
Tony Rubino, Real Estate Manager for Walgreens Pharmacy, 106 Wilmot Road, Deerfield, Illinois detailed the proposal.
Craig Tompkins, Bohler Engineering, 707 Westchester Avenue, White Plains, New York explained the proposed plans, parking and traffic impact. He answered a question raised by Mr. Benson regarding stormwater runoff.
Robin Eshaghoour, Newtown LLC, 146-14 Jamaica Avenue, Jamaica, New York agreed to make environmental study details available to the Commission.
John Harter, P.E., Atlantic Traffic & Design Engineers, Inc., 35 Technology Drive, Warren, New Jersey explained the Traffic Report. He distributed a document “Institute of Transportation Engineers (ITE) Trip General Comparison CT Preliminary Comments”
Mark Stettler, AIA, Vector Architecture & Design Services, P.C., 4210 Spring Rock Court, Winston-Salem, North Carolina described the proposed architecture of the building.
Mr. Rubino said that no data was available regarding drive-up windows in other Walgreens in the region, although he did note that New Canaan regulations prohibit their use. He noted that not allowing for a drive-up window would be a deal killer.
Mr. Bloom asked to hear from the public.
Blanca Sheehan, 72 Queen Street, Newtown, Connecticut expressed concern about traffic congestion and water contamination.
Louise Neves, 74 Queen Street, Newtown, Connecticut said there is no need for another drug store in Newtown. She was concerned about the noise of trash pick up early in the morning, delivery trucks and traffic.
Gary Sheehan, 72 Queen Street, Newtown, Connecticut said that no traffic impact study was done on Queen Street. He too was concerned about noise and the protection of Deep Brook from solvents from potential solvents.
Lawrence Keane, National Shooting Sports Foundation, Inc., 11 Mlle Hill Road, Newtown, Connecticut expressed concerns about traffic congestion and the lack of data verifying the need for a drive through window. He was also concerned about environmental problems.
Mr. Harter agreed that no impact study had been done on Queen Street.
Mr. Benson will give him all relevant traffic studies.
The hearing was continued in order for the applicant to submit additional information.
A recess was called at 9:49 p.m.
The meeting reconvened at 9:59 p.m.
PUBLIC HEARING
APPLICATION BY THE NEWTOWN PLANNING & ZONING COMMISSION TO AMEND REGULATIONS AT ARTICLE VI, SECTION 6.03.300 PERMITTED USES CONCERNING THE ALLOWANCE OF A VETERINARY HOSPITAL AS PERMITTED USES IN THE EXISTING FHAR ZONE AS INDICATED IN A CERTAIN DOCUMENT ENTITLED “TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION AMENDMENT TO ZONING REGULATIONS – PERTAINING TO THE PERMITTED USES IN THE FAIRFIELD HILLS ADAPTIVE REUSE (FHAR) ZONE” DATED SEPTEMBER 4, 2008.
Ms. Brymer read the call for the hearing.
Mr. Bloom read the correspondence in the file then explained the application to add the following amendment to the regulations:
Section 6.03.300
(25) Multi-specialty animal hospital providing, but not limited to, surgical, emergency, medical and oncology treatments for animals referred by outside veterinarians. Such a hospital does not provide routine or general veterinary services (i.e. vaccines, boarding or grooming). No outdoor runs are permitted and such a hospital shall be connected to public sewer.
There were no comments from the public.
The hearing was closed at 10:05 p.m.
ACTION
Ms. Brymer moved the following:
Newtown Planning and Zoning Commission’s application for an amendment to the Zoning Regulations to add a new use to Section Fairfield Hills Adaptive Reuse Zone 6.03.300 Permitted Uses concerning the allowance of a tveterinary hospital as a permitted use in existing FHAR zone
SHALL BE APPROVED AS FOLLOWS:
That Article VI – Special Districts, Section 3 – Fairfield Hills Adaptive Reuse (FHAR) shall be amended to add a new sub-section (25) to Section 6.03.300, Permitted Uses to read as follows:
Section 6.03.300
(25) Multi-specialty veterinary hospital providing, but not limited to, surgical, emergency, medical and oncology treatments for animals referred by outside veterinarians. Such a hospital does not provide routine or general veterinary services (i.e. vaccines, boarding or grooming). No outdoor runs are permitted and such a hospital shall be connected to public sewer.
BE IT FURTHER RESOLVED that the reason for the amendment is to allow a veterinary hospital to the permitted uses for the reuse of the Fairfield Hills campus.
BE IT FURTHER RESOLVED that the amendment is consistent with the Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that the amendment shall become effective on October 14. 2008
After a brief discussion Ms. Brymer moved to change the word “animal hospital” to veterinary hospital as indicated in bold. Seconded by Mr. Belden. The vote was unanimous
Seconded, as amended, by Mr. Belden
Vote: Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Mr. Belden Yes
Motion approved
PUBLIC HEARING (Continued)
APPLICATION BY SCHULTZ FAMILY LIMITED PARTNERSHIP FOR AN EIGHT LOT SUBDIVISION, 127 WALNUT TREE HILL ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “SUBDIVISION PLAN PREPARED FOR SCHULTZ FAMILY LIMITED PARTNERSHIP, ALBERTS HILL AND WALNUT TREE HILL ROAD, NEWTOWN, CONNECTICUT” DATED MARCH 3, 2008, SCALE 1” = 100’, ASSESSOR’S MAP 42, BLOCK 1, LOT 5.0A
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut noted that the review from the Conservation Commission had been received requesting that the easement be marked when the driveway grading is being done. He submitted a map dated 7/5/05 showing an alternative design.
Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut explained the driveway.
Mr. Benson stated that it is illegal to have a driveway easement in a subdivision. Driveways should abut the lot being serviced.
Mr. Hall disagreed and suggested that before acting, the Commission seek legal opinion.
The hearing was left open in order to obtain legal advice in interpretation of the regulations.
PUBLIC HEARING (Continued)
APPLICATION BY JOSEPH NOVELLA FOR A TWO LOT SUBDIVISION, 176 BOGGS HILL ROAD, NEWTOWN, CONNECTICUT AS SHOWN ON A CERTAIN MAP ENTITLED “FINAL SUBDIVISION PLAN, TWO LOT SUBDIVISION PREPARED FOR JOSEPH NOVELLA, PROPERTY AT 176 BOGGS HILL ROAD, NEWTOWN, CT” DATED APRIL 11, 08, SCALE 1”=40’, ASSESSOR’S MAP 14, BLOCK 8, LOT 4
Mark Riefenhauser, P.E., Novella Smith & Co., 247 Main Street South, Woodbury, Connecticut noted that they had received comments from the Town Engineer and Conservation Commission approving the conservation easement.
The hearing was closed at 10:50 p.m.
ACTION
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Joseph Novella for a two lot subdivision. 176 Boggs Hill Road, Newtown, Connecticut, as shown on a certain map entitled: “Final Subdivision Plan, Two Lot Subdivision Prepared for Joseph Novella, Property at 176 Boggs Hill Road, Newtown, CT” dated April 11, 2008, scale 1”=40’, Assessor’s Map 14, Block 8, Lot 4
SHALL BE APPROVED with the following condition:
1. That prior to filing the record map in the Newtown Land Records a bond in the amount of $2,850 shall be submitted for the lot pin bond.
BE IT FURTHER RESOLVED that the application is consistent with the Subdivision Regulations and te R-2 zone.
BE IT FURTHER RESOLVED that this approval shall become effective on October 14, 2008
Seconded by Mr. Mulholland.
Vote: Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
PUBLIC HEARING (Continued)
APPLICATION BY POOTATUCK RENTALS, LLC FOR A SPECIAL EXCEPTION TO RENOVATE AN EXISTING BUILDING AND CONSTRUCT TWO NEW BUILDINGS FOR PROPERTY LOCATED AT 107 CHURCH HILL ROAD, NEWTOWN, CONNECTICUT AS SHOWN ON CERTAIN MAPS ENTITLED “SITE DEVELOPMENT PLAN (SHEET 1 OF 2) PREPARED FOR BETTS SQUARE, 107 CHURCH HILL ROAD, NEWTOWN, CONNECTICUT” DATED JULY 18, 2008, SCALE 1”=40’, ASSESSOR’S MAP 39, BLOCK 2, LOT 2 AND “SITE DEVELOPMENT PLAN (SHEET 2 OF 2) PREPARED FOR BETTS SQUARE, 107 CHURCH HILL ROAD, NEWTOWN, CONNECTICUT” DATED JULY 18, 2008, SCALE 1”=20’, ASSESSOR’S MAP 39, BLOCK 2, LOT 2
Michael Burton, 107 Glen Road, Sandy Hook, Connecticut, owner of the property acknowledged that they were in receipt of an Aquifer Impact Statement from the Inland Wetland Commission and comments from the Town Engineer.
The hearing was closed at 10:55 p.m.
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Pootatuck Rentals, LLC for a special exception to renovate an existing building and construct two new buildings for property located at 107 Church Hill Road, Newtown, Connecticut, as shown on a certain map entitled “Site Development Plan (Sheet 1 of 2) prepared for Betts Square, 107 Church Hill Road, Newtown, Connecticut” dated July 18, 2008, scale 1”=40’, Assessor’s Map 39, Block 2, Lot 2 and “Site Development Plan (Sheet 2 of 2) prepared for Betts Square, 107 Church Hill Road, Newtown, Connecticut” dated July 18, 2008, scale 1”=20’, Assessor’s Map 39, Block 2, Lot 2
SHALL BE APPROVED, with the following stipulations:
1. That a solid waste area for the proposed buildings to be constructed and consist of an area large enough to contain the garbage dumpster and recycling dumpsters if any, on a concrete pad surrounded by a chain link fencing.
2. That property owner shall follow a policy for aquifer protection and best management practices for the property. Such policy shall cover both interior operations and exterior grounds maintenance, emergency spill procedures and any other pertinent information pertaining to aquifer protection which shall be followed by the occupants of the premises and if applicable, included within the lease for any tenant. Such a policy shall include the name, title, address, and phone number of the person who will be assigned the responsibility for enforcement of an implementation of such a policy.
The purpose of such a policy is to educate and inform employees and tenants that the property is located in an environmentally sensitive area where the ground water is a public water supply and to provide guidance n best management practices that will be carried out. The Planning and Zoning Commission is available to assist and advise the applicant in the preparation of such a policy.
3. That the policy for aquifer protection procedures and practices shall be posted in a location where all employees and tenants, of the premises can view it
4. That the policy for aquifer protection procedures and practices shall be distributed by the owner or management company to any tenant of the premises along with all least agreements.
5. The dumpster shall be located within a permanent enclosure on the west side of the building that will completely screen it from view and the dumpster shall be covered at all times. A permanent marker shall be installed on the dumpster enclosure alerting tenants, employees and the carting service that the property is located in an aquifer protection district and that unauthorized materials or dumping of hazardous materials is strictly prohibited and that the dumpster is to remain covered at all times. In addition, a sign shall identify the designated contact person and phone number to call in te event that a spill occurs or if the dumpster is overflowing.
6. That no permanent outside storage of commercial vehicles or construction equipment shall be permitted upon the premises.
7. That no maintenance of any commercial vehicles or construction equipment shall be conducted upon the premises.
8. That the property owner/applicant and the tenants shall follow the minimum standards for uses in the Aquifer protection District pursuant to the Newtown Zoning Regulations.
9. That the property owner/applicant shall install drain markers for the purpose of public education and awareness and the prevention of stormwater pollution.
10. That the applicant shall apply to the Commission for signage plan.
While discussing the Resolution the Commission agreed to delete the original Stipulation 2 and added the last two Stipulations 9 and 10 as indicated above in bold print.
Mr. English moved to amend the Resolution as indicated. Seconded by Mr. Bloom. The vote was unanimous.
Seconded by Mr. Mulholland as amended,
Vote: Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Mr. Belden Yes
Motion approved
Ms. English made a motion to adjourn. Seconded by Mr. Belden
Vote: Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Mr. Belden Yes
Motion approved
The meeting adjourned at 11.11 p.m.
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