MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut December 4, 2008
Present: Ms. Dean; Mr. Bloom, Ms. Brymer, Mr. English. Alternates: Mr. Belden seated for Mr. Mulholland 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
APLICATION BY FORTY 3, LLC, FOR A SPECIAL EXCEPTION TO OPERATE A SMALL LAND SURVEYING OFFICE, 90 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “SCHEMATIC PLAN DESIGN PREPARED FOR FORTY 3, LLC, 90 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT” DATED OCTOBER 27, 2008, SCALE 1”=20’, ASSESSOR’S MAP 20, BLOCK 10, LOT 43 LOT A
Ms. Brymer read the call for the hearing
Ms. Dean read the correspondence in the file and asked to hear from the applicant.
Paul Trautigan, 18 Pentegrast Lane, Newtown, Connecticut, explained the application. There would only be four employees and minimal customer visits. He explained the size of the septic.
There was discussion regarding the signage.
The hearing was closed at 7:52 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Forty 3, LLC for a special exception to operate a small land surveying office, 90 South Main Street, Newtown, Connecticut, as shown on a certain map entitled “Schematic Plan Design prepared for Forty 3, LLC, 90 South Main Street, Newtown, Connecticut” dated October 27, 2008, scale 1”=20’, Assessor’s Map 30, Block 10, Lot 43 Lot A
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the application is consistent with the purpose and intent of the Town of Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that the Commission finds that the application meets the standards and criteria for a special exception as set forth in Section 11 of the Zoning Regulations and the application to be consistent with the R-2 zone.
BE IT FURTHER RESOLVED that the commission finds the application to be consistent with Section 2.02.500 Adaptive Reuse of Residential Dwellings
BE IT FURTHER RESOLVED that this approval shall become effective on December 15, 2008
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. English Yes
Mr. Belden Yes
Motion approved
PUBLIC HEARING
APPLICATION BY CLARIS CONSTRUCTION FOR A SPECIAL EXCEPTION TO ALLOW DAIRY DISTRIBUTION AT 352 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, AS SHOWN ON TWO CERTAIN MAPS ENTITLED “SPECIAL EXCEPTION 352 SOUTH MAIN STREET (CT ROUTE 25) NEWTOWN, CONNECTICUT PREPARED FOR CLARIS CONSTRUCTION, INC.,” DATEDOCTOBER 8, 2008, LAST REVISED 11/14/08, SCALE 1”=40’, ASSESSOR’S MAP 47, BLOCK 6, LOT 2
The hearing was opened at 7:56 p.m.
Ms. Brymer read the call for the hearing
Ms. Dean read the correspondence in the file and asked to hear from the applicant
Bill Carboni, P.E., Spath Bjorklund, 593 Main Street, Monroe, Connecticut, submitted proof of mailing and went on to explain the application. There would be no processing at the site. Produce would be delivered in large trucks, prepared and delivered by smaller trucks. He explained the drainage and prepared landscape plan. A traffic report had been prepared and was in the file. They are in the process of negotiating with the neighbors regarding sight lines according to DOT requirements.
Phil Clark, Architect, 7 Curritick Road, Newtown, Connecticut, went through the proposed design of the building. They had received approval from the Design Review Board. They described the signs and will submit parking lights according to dark skies requirements.
Sean Marcus, 22 East King Street, Danbury was available to answer any questions regarding the activities proposed for the site. He agreed to submit numbers regarding the noise emanating from the refrigeration unit(s) They did not anticipate excessive noise on the site.
Ms. Dean asked to hear from the public
Rose DeSimone, 351 South Main Street, Newtown, Connecticut expressed concerns about the elevation of her house, which she thought would overlook the site. She said that this is a dangerous curve where a number of accidents had taken place. She was also concerned about the truck noises early in the morning and fumes from exhaust of idling vehicles.
Paul McMillan, 351 South Main Street, Newtown, Connecticut expressed concern about the noise of trucks and compressor. Also traffic.
Ms. Dean noted that cement trucks and been entering and exiting the site for years.
Mr. Clark answered questions about the refrigeration, agreeing that they could be placed between the buildings.
Because Inland Wetland Commission had not commented on this application, the hearing was left open until their report was on file.
ACTION
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
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Schultz Family Limited Partnership for a seven lot subdivision, 127 Walnut Tree Hill Road, Newtown, Connecticut, as shown on a certain map entitled “Subdivision Plan prepared for Schultz Family Partnership, Alberts Hill and Walnut Tree Hill Roads, Newtown, Connecticut” dated March 3, 2008, last revised 11/06/08, scale 1”=100’. Assessor’s Map 42, Block 1, Lot 5.0A
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the application is consistent with the Subdivision Regulations and the F&R=2 and F&R-1 zone
BE IT FURTHER RESOLVED that this approval shall become effective on December 15, 2008.
Seconded by Mr. Bloom
Ms. Dean said she had called the Town Engineer regarding the cut and fill statistics, which meet regulations.
Vote: Ms. Dean Yes
Ms. Brymer No
Mr. Bloom Yes
Mr. English Yes
Mr. Belden Yes
Motion approved
CORRESPONDENCE/COMMUNICATIONS
Ms. Dean made a motion to add a discussion regarding the Hunter Ridge Subdivision. Seconded by Mr. Bloom. The vote was unanimous.
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut, representing the application showed two plans that had been submitted in 2005. A neighbor, Spencer Taylor, was an intervenor based on environmental issues. The matter is scheduled for trial next week and a number of people had been subpoenaed to attend. All the issues can be worked out within the regulations under the revised plans. He asked for confirmation of settlement for the 2007 plan.
Ms. Dean made a motion to accept fee in lieu of open space according to the 2007 proposed plan. Seconded by Mr. Bloom. The motion was unanimous.
Mr. Belden made a motion authorizing Ms. Dean to confirm this action to Town Attorney Fuller. Seconded by Mr. Bloom. The motion was unanimous.
PRESENTATION BY COMMISSIONER ENGLISH CONCERNING OPINION REGARDING FAST TRACK GIVEN TO POTENTIAL MILITARY RESERVE CENTER ON COMMERCE ROAD AND USE TECHNOLOGY BY P&Z MEMBERS TO SEEK CLARIFICATION AND/OR INSIGHTS REGARDING AGENDA ITEMS AND SHARING OF SAME UNDER “COMMUNICATIONS” AT REGULAR COMMISSION MEETINGS
Mr. English expressed concern that the Commission was not asked to participate in discussions by the EDC, resulting in a letter from the First Selectman, which was quoted in the “Bee”. Mr. Benson stated that there was only one meeting, which has been blown out of proportion and should never have been quoted. There were communication problems. Mr. English would like the First Selectman advised of this discussion. Any information concerning the Tech Park should be given to the Commission as soon as possible.
Ms. Dean would like the Commission to review a letter to First Light.
The Commission discussed a request by AT&T to erect a tower on the Lundgren property on Hanover Road. Mr. Benson will advise the Commission more after he has met with AT&T representatives.
Ms. Belden made a motion to adjourn. Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. English Yes
Mr. Belden Yes
Motion approved
The meeting adjourned at 9:54 p.m.
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