MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut January 22, 2009
Present: Ms. Dean; Ms. Brymer; Mr. Mulholland and Mr. English. Alternate: Mr. Cruson seated for Mr. Bloom. Also present. George Benson, Land Use Director and Robert Sibley, Deputy 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
PUBLIC HEARING
APPLICATION BY MICHAEL AND SHARI BURTON FOR A SPECIAL EXCEPTION FOR A RESIDENTIAL DEVELOPMENT “THE RIVER WALK” CONSTRUCTION OF SIX BUILDINGS (RESIDENTIAL APARTMENTS) 12, 16A, 18, 20 AND 20A WASHINGTON AVENUE, SANDY HOOK, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “SIT DEVELOPMENT PLAN PREPARED FOR THE RIVER WALK, WASHINGTON AVENUE, NEWTOWN, CONNECTICUT” DATED JULY 11, 2008, LAST REVISED 11/1/08, SCALE 1”=40’, ASSESSOR’S MAP 39, BLOCK 6, LOTS 3, 4, 26, 3, 2 AND 27
Ms. Brymer read the call for the hearing
Ms. Dean read the correspondence in the file, then asked to hear from the applicant
Chris Smith, Esq., Shipman & Goodman LLP, Environmental and Land Use Law, One Constitutional Plaza, Hartford, Connecticut, introduced the experts who would be explaining the application.
Michael Burton, 107 Glen Road, Sandy Hook, Connecticut, owner/developer explained what he planned for the site. He submitted a seven page petition in favor of the project.
Mr. Smith went through the details of the proposal that would comprise of six buildings totaling 22 new dwellings. 30% (eight units) would qualify as affordable housing. The project would be serviced by town sewers and water. Town employees would be offered occupancy initially. He distributed and went through a handout dated January 22, 2009.
Kevin Bennett, Bennett & Sulivan Associates, Architects, 3 Pomperaug Office Park, Southbury, Connecticut explained the proposed floor plans noting that he considered they project is in keeping with the character of Sandy Hook. A photo and description of proposed building lighting was submitted which would he dark sky compliant
Mr. Burton answered a question from the Commission about garbage pick-up. This would be curbside pick-up once a week.
Andy Serfilippi, Landscape Designer, 39 Highland Avenue, Bethel, Connecticut detailed the proposed trees and shrubs for the site. The wetlands were considered when planning the site.
Mr. Burton answered a question from the Commission about the materials used for the patios. They would be paved with porous material.
Michael Galante, Frederick P. Clark Associates, Inc., Traffic Engineers, 41 Ruane Street, Fairfield, Connecticut summarized the Traffic Report that is in the file.
Alan Shepard, P.E., Nowakowski, O’Bymachow, Kane & Associates, 415 Howe Avenue, Shelton, Connecticut detailed the engineering aspects of the project. The sandy soil allows for re-charge of water. They would build a wall around the area to trap rain, which would be treated and re-charged. He submitted cut and fill calculations and lot coverage for the Town Engineer’s approval. He addressed the open space breakdown and staff comments. Revised plans were submitted.
Mr. Smith summed up by asking for the Commission’s approval.
Ms. Brymer asked to hear from the public.
Ray Costanzo, 133 Horse Tavern Road, Trumbull, Connecticut, owner of adjacent property was in favor of the proposal
Robery Qubick, 21 Washington Avenue, Sandy Hook, Connecticut asked for the median price of the units and how environmentally sensitive they would be.
Mary Fellows, 120 Walnut Tree Hill Road, Sandy Hook, Connecticut considered this to be a positive impact on the area and appreciated the Burtons for their concern for the neighbors.
Chris Liddy, State Representative for Newtown, 3 Smoke Rise Ridge, Newtown, Connecticut supports the proposal.
Answering the questions Mr. Bennett said that the buildings would be constructed as environmentally friendly as possible.
Mr. Smith noted that the unit prices were in the packet he submitted. The applicant agreed to construct sidewalks from the mailbox area to Washington Avenue.
The Commission suggested that the applicant work with the Town’s newly formed Green Group. They went on record to say that this is one of the most thorough applications and extended their appreciation to the applicant for a well presented application. They would submit the Affordability Deed to the Town Attorney.
The hearing was closed at 10:00 p.m.
ACTION
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Michael and Shari Burton for a special exception for a residential development “The River Walk” construction of six buildings (residential apartments), 12, 16A, 18, 20 and 20A Washington Avenue, Sandy Hook, Connecticut, as shown on a certain map entitled “Site Development Plan prepared for The River Walk, Washington Avenue, Newtown, Connecticut” dated July 11, 2008, last revised 11/1/08, scale 1” = 40’, Assessor’s Map 39, Block 6, Lots 3, 4, 26, 3, 2 and 27
SHALL BE APPROVED, with the following stipulation:
A sidewalk will be constructed from the mailbox area to Washington Avenue
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 ll of the Zoning Regulations and the application to be consistent with the Affordable Housing Development Zone.
BE IT FURTHER RESOLVED that this approval shall become effective on February 2, 2009.
A recess was called at 10:04 p.m.
The meeting reconvened at 10:18 p.m.
PUBLIC HEARING (Continued)
APPLICATION BY HIGHLAND HC, LLC FOR AN AMENDMENT TO A SPECIAL EXCEPTION TO PERMIT A FREESTANDING IDENTIFICATION GROUND SIGN WITH AN OVERALL SIGN AREA OF 50 SQUARE FEET, 123 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “SIGNAGE SITE PLAN, HIGHLAND PLAZA” DATED AUGUST 10, 2007, SCALE 1”=40’, ASSESSOR’S MAP 37, BLOCK 2, LOT 38
Ms. Dean said that she had given this application considerable thought, adding that the Design Review Board had some good ideas. The ladder sign seemed what the tenants want. She thought that the sign regulations should be revised.
Mr. English asked if the signs would be restricted to text or would tenants be allowed to display corporate logos. He liked the rendition.
Camille De Galen, Esq., 30 Main Street, Danbury, Connecticut, representing the applicant asked if the tenants could be allowed to use their corporate signs.
Ms. Dean had spoken with the EDC who said that many people want roadside signs.
Michael Breedy, 56 Ivy Hill Road, Ridgefield, Connecticut, owner said the plan was to have the same size font but if requested, national colors.
The hearing was closed at 10:32 p.m.
ACTION
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the Application by Highland LLC for an amendment to a special exception in the Special Design District l to permit a Freestanding Identification Ground Sign with an overall sign area of 50 square feet, 123 South Main Street, Newtown, Connecticut, as shown on a certain map entitled “Signage Site Plan, Highland Plaza” dated August 10, 2007, scale 1” = 40’. Assessor’s Map 37, Block 2, Lot 38
SHALL BE APPROVED with the following modifications:
1. The sign design standards as noted on the letter “Additional items in support of Highland Plaza Sign Application Before the Town of Newtown CT Planning Board” by Mercer Sign Consultants
2. The approved sign design as Mercer Sign Consultants revised 1/5/09 and 1/20/09
BE IT FURTHR 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 4.27.100
· The design criteria for the SMVDD at Section 4.27.420
· The compatibility objectives for the SMVDD at Section 4.27.430
· The purpose and intent of the Special Development District l at Section 4.29
· The Newtown Plan of Conservation and Development
Ms. Dean made a friendly motion to change SDDll as originally stated to SDDl. Seconded by Mr. Cruson. The vote was unanimous.
Seconded by Mr. English
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Mulholland No
Mr. English Yes
Mr. Cruson Yes
Motion approved
PUBLIC HEARING (Continued)
APPLICATION BY HIGHLAND HC, LLC, FOR AN AMENDMENT TO A SPECIAL EXCEPTION TO REPLACE THE LOWER LEVEL PARKING OF BUILDING #2 WITH VEHICLE STORAGE, 123 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “PHASE II PARKING SITE PLAN, HIGHLAND PLAZA” DATED AUGUST 10, 2007, LAST REVISED 10/20/08, SCALE 1”=40’, ASSESSOR’S MAP 37, BLOCK 2, LOT 38
Peter Scott, P.E., 3871 Route 6, Brewster, New York advised the Commission that he had discussed the loading dock and staff parking for Building 2 with Robert Sibley
Michael Breedy, 56 Ivy Hill Road, Ridgefield, Connecticut noted that the leases for tenants would have regulations that would preclude vehicle owners from entering the premises. There would be no vehicle repair conducted.
The hearing was closed at 10:51 p.m.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the Application by Highland HC, LLC for an amendment to a special exception in Special Design District l, to replace the lower level parking of Building #2 with vehicle storage, 123 South Main Street, Newtown, Connecticut, as shown on a certain map entitled “Phase ll Parking Site Plan, Highland Plaza” dated 1/22/09, scale 1” = 40’, Assessor’s Map 37, Block 2, Lot 38
SHALL BE APPROVED with the following modifications:
1. The applicant will permanently record on the record map that; any changes in use for any building will require the Zoning Commission’s approval
2. The applicant must return for the Commission’s approval for any conversion of vehicle storage space to self-storage space
3. No vehicle maintenance or repair will be allowed in the vehicle storage area.
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 4.27.100
· The design criteria for the SMVDD at Section 4.27.420
· The compatibility objectives for the SMVDD at Section 4.27.430
· The purpose and intent of the Special Development District l at Section 4.29
· The Newtown Plan of Conservation and Development
Seconded by Mr. Mulholland
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Mr. Cruson Yes
Motion approved
CORRESPONDENCE/COMMUNICATONS
Ms. Dean advised the Commission of a CT Bar Association meeting on Law Land Review would be held on March 28, 2009 at Weslyan College
Ms. Dean advised the Commission of a request from Mr. Dunleavy, owner of a garage on Route 302 who wants to move his business to an M-5 zone allowing him to do towing and maintenance which is currently not allowed in the M-5 zone. Ms. Dean asked the Commission to consider the request before posting it for public hearing.
Ms. Dean advised the Commission that they had received a request from a resident at the Toll Bros Regency on Oakview to install an elevator in order to access the second floor. The Commission agreed that this should go to the Building Department.
The Commission agreed to grant the Schultz family an extension for their application in order to obtain a bond for their application.
Ms. Dean advised the Commission of a possible change to the application for Plaza South.
Ms. Dean volunteered to work on Route 6 zone conformity
Messrs. Mulholland and Cruson volunteered to work on the GIS Map
Ms. Brymer and Ms. Dean would review the sign regulations.
Mr. English made a motion to adjourn. Seconded by Ms. Brymer
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Mr. Cruson Yes
Motion approved
The hearing adjourned at 11:22 p.m.
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