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P&Z Minutes 10-16-08
MINUTES
Newtown Planning and Zoning Commission

Land Use Office                                                         Regular Meeting
31 Pecks Lane, Newtown, Connecticut                     October 16, 2008

Present:  Ms. Dean; Mr. Bloom; Ms. Brymer; Mr. Mulhollan; Mr. English.  Alternates:  Mr. Belden and Mr. Cruson.  Also present:  George Benson, Land Use Director.  Clerk:  Ms. Wilkin

The meeting was opened at 7.35 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

REFERRAL FROM THE TOWN OF NEWTOWN BOARD OF EDUCATION PER CSG 8-24 FOR A PROPOSAL TO LEASE EIGHT MODULAR CLASSROOMS TO BE ERECTED IN JULY, 2009 ON THE A-WING SIDE OF NEWTOWN HIGH SCHOOL

Mr. Benson explained the Board of Education’s request.  After a brief discussion, Mr. Mulholland made a motion that the eight modular classrooms should be allowed on the condition that they go before the ZBA and obtain approval from the Fire Marshal and Water/Sewer Commissions.  Seconded by Mr. Bloom.  The motion was approved unanimously.

PUBLIC HEARING (Continued)

APPLICATION BY THOMAS LANGNER FOR A TWO LOT SUBDIVISION FOR PROPERTY LOCATED AT 97 TODDY HILL ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “RECORD SUBDIVISION MAP OF PARCEL A PREPARED FOR LANGNER TODDY HILL LLC, TODDY HILL ROAD, NEWTOWN, CONNECTICUT” DATED AUGUST 12, 2008, SCALE 1”=50’, ASSESSOR’S MAP 45, BLOCK 6, LOT 20

Alan Shepard, P.E., 415 Howe Avenue, Shelton, Connecticut distributed a Site Overlay on Assessor Map Sketch showing the proposed Lots A1 and A2.  He considered the question of whether this is a first cut was a matter of interpretation.  Mr. Benson stated that this parcel B is the first cut .  The Commission agreed saying that the regulations require one rear lot for two front lots.

The hearing was closed at 7:58 p.m.

ACTION

Ms. Brymer moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Thomas Langner for a  lot lot subdivision for property located at 97 Toddy Hill Road, Newtown, Connecticut as shown on a certain map entitled “Record Subdivision Map of Parcel A Prepared for Langner Toddy Hill LLC, Toddy Hill Road, Newtown, Connecticut” dated August 12, 2008, scale 1”=50’, Assessor’s Map 45, Block 6, Lot 20

SHALL BE DISAPPROVED for the following reason:

The application is in violation of Town of Newtown Zoning Regulations 7.04.950 in that it is creating two rear lots for one front lot.  It is in actuality a three lot subdivision.

Seconded by Ms. Dean
                                                        Vote:   Ms. Dean                Yes
                                                                Mr. Bloom               Yes
                                                                Ms. Brymer              Yes
                                                                Mr. Mulholland  Yes
                                                                Mr. English             Yes
Motion approved

PUBLIC HEARING (Continued)

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

Elizabeth Suchy Esq., 707 Summer Street, Stamford, Connecticut representing the applicant noted that revised maps had been submitted reflecting suggested staff changes

Michael A. Galante, Frederick P. Clark Associates, Inc., 41 Ruane Street, Fairfield, Connecticut went through the newTraffic Report his company had submitted.  Mr. Mulholland expressed concern about traffic turning left onto Route 25 southbound.  Mr. Bloom said it would be a nightmare.  Mr. Mulhholland was also concerned about likely congestion at the back of the building if more than one truck was delivering at the same time.


Mark Stettler, AIA, Vector Architecture & Design Services, P.C., 4210 Spring Rock Court, Winston-Salem, North Carolina described the revised building design reflecting comments raised at the previous meeting.  He distributed examples of the roadside signs.

Craig Tompkins, Bohler Engineering, 707 Westchester Avenue, White Plains, New York went through the traffic flow.

Robin Eshaghoour, Newtown LLC, 530 East 76th Street, New York, New York made himself available to answer environmental questions.  The Commission had only just received the report and needed time to digest it.

Ms. Suchy stated that the parking is a pre-existing non-conformity

Ms. Dean asked to hear from the public.

Lawrence Keane, National Shooting Sports Foundation, Inc., 11 Mile Hill Road, Newtown, Connecticut expressed concerns about environmental issues and traffic.

Mr. Tompkiins addressed traffic movement around the building and through the drive-up window.

Ms. Dean noted that she would have little problem with the application without the drive-up window, without which they would not need to come under the new zone.

Ms. Suchy thanked the Commission and staff as well as members of the public.  She believed that the application meets regulations.  

Mr. Mulholland thanked the applicant’s representatives for their input and new Traffic Study.  He was still concerned about safety issues that would be created by the drive-through.

The hearing was closed at 10:03 p.m.

Ms. Dean would like further discussion before acting on this application.  She noted that the application would have no problems under existing regulations without the drive-through.

Ms. 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 10:11 p.m.