MINUTES
Newtown Planning and Zoning Commission
(Revised 1/26/09)
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut January 8, 2009
Present: Ms. Dean; Mr. Bloom, Ms. Brymer, Mr. Mulholland and Mr. English. Alternates: Mr. Belden and Mr. Cruson. Also present. 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 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. Brymer read the call for this and the following Public Hearing
Ms. Dean read the correspondence in the file and asked to hear from the applicant.
Richard Crawford, Mercer Sign Consultants, 538 North Street, Doylestown, Pennsylvania, designed the proposed sign. A revised version was submitted.
Mr. Mulholland asked Mr. Crawford if he was aware of the original agreement pertaining to signage on this site.
Ms. Dean added that there had been extensive discussions suggesting the number and street only on the entry sign and directional signs to be allowed inside the property.
Mr. Crawford explained his expertise in the field suggesting that the proposed sign would be safer for people looking for a business at the site.
Michael Greedy, 56 Ivy Hill Road, Ridgefield, Connecticut, owner explained the reason for the application stating that potential clients wanted their names in front of the building for immediate identification.
The Commission appreciated his concern. The hearing would be kept open so everyone can read the literature and consider the matter.
Camille De Galen, Esq., 30 Main Street, Danbury, Connecticut, representing the applicant noted that there was an issue with tenants.
Jeffrey Taylor, 86 Shadow Way, Fairfield, Connecticut, owner of Snap Fitness, a tenant at the site stated that visibility is very important.
The hearing was left open
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
Ms. Dean read the correspondence in the file and asked to hear from the applicant
Peter Scott, Architect, 3871 Route 6, Brewster, New York, explained the requested change eliminating the proposed parking and requesting a storage area. This would reduce the on site parking from 323 to 272. The area could revert back to parking if necessary.
Michael Greedy, 56 Ivy Hill Road, Ridgefield, Connecticut, owner explained that the use would be for long term storage of vehicles.
Mr. Sibley asked if parking codes were met after the elimination of 51 parking spaces.
Mr. Scott agreed to discuss any changes.
Camille DeGallen, Esq., 30 Main Street, Danbury, Connecticut confirmed that she had sent a letter to George Benson with attachments from Mr. Scott.
The hearing was continued in order for Mr. Sibley to confirm that the parking meets code
A recess was called at 9:05 p.m.
The meeting reconvened at 9:14 p.m.
PUBLIC HEARING
APLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A ZONE MAY CHANGE TO 183 MOUNT PLEASANT ROAD, NEWTOWN, CONECTICUT CURRENTLY ZONED R-2 TO BE CHANGED TO B-2 AS SHOWN ON THE ASSESSOR’S MAP 2, BLOCK 4, LOT 34
Ms. Brymer read the call for the hearing
Ms. Dean read the contents of the file, then explained the purpose of the application. Someone wants to open an office at the location. She stated that the use fits in with the neighborhood and it is the intent from a planning standpoint to change all the property to re-zoned to B-2.
Mr. Mulholland was initially concerned that this could be construed as spot zoning.
The hearing was closed at 9:24 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning commission that the application by the Town of Newtown Planning and Zoning commission for a zone map change to 183 Mount Pleasant Road, Newtown, Connecticut, currently zoned R-2 to be changed to B-2 as shown on the Assessor’s Map 2, Block 4, Lot 34
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the zone change is necessary to maintain consistency between the Zoning Regulations and the Zone Map for the Town of Newtown and that the Commission finds that the zone change is appropriate to the land uses and properties where the change is made
BE IT FURTHER RESOLVED that the zone change is consistent with the implementation of the recommendations of the Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that the zone change shall become effective on January 20, 2009
Seconded by Mr. English
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
PUBLIC HEARING (Continued)
APPLICATION BY NICK AND GINO VONA MASON CONTRACTORS AND WF BROTHERS, LLC FOR A SEVENTEEN LOT SUBDIVISION, 46 EDEN HILL ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON THREE CERTAIN MAPS ENTITLED “PROPERTY SURVEY & SUBDIVISION MAP OF OAK RIDGE PHASE III PREPARED FOR GINO AND NICK VONA, 46 EDEN HILL ROAD, NEWTOWN, CONNECTICUT” MAPS S-1, S-2 AND S-3, DATED APRIL 12, 2007, LAST REVISED 10/17/08, SCALE 1”=60’, ASSESSOR’S MAP 12, BLOCK 2, LOT 39
James Murphy, Esq., Gregory & Adams, PC., 190 Old Ridgfield Road, Wilton, Connecticut distributed handouts for what is phase 3 of a three-phase project. They have Wetland Commission approval. The open space is contiguous with existing open space. They have not yet heard from the Town Attorney and the application is before the Conservation Commission January 13, 2009. The Fire Marshal approved suppression tank. He addressed comments from the Town Engineer and Sanitarian. Mr. Sibley asked about maintenance of the drains and protection of stone walls. They met the topography ratio.
Wesley Stout, Landscape Architect, Wesley Stout Associates, 96 Main Street, New Canaan, Connecticut explained the layout of the lots. There would be 15 new lots and 2 existing lots. The road design had changed since 2006 so it now leads out to Split Rock Road.
Martin Malin, P.E., Tighe & Bond Consulting Engineers, 1000 Bridgeport Avenue, Shelton, Connecticut explained the road, storm drainage, septic and other engineering facets of the application. He agreed to have the drainage reviewed following concern raised by the Town Engineer. They would be willing to do any further perk testing the Town Sanitarian requested. Mr. Malin felt they would be able to meet all conditions.
Mr. Murphy noted that many deeds would be required with this development and asked if they could be conditions of approval and filed once finalized. They would be agreeable to more easements and will submit revised drawings.
Ms. Dean asked to hear from the public
Norma Urqhart, 23 Split Rock Road, Newtown, Connecticut asked if the cul de sac could be left rather than having the road continued to Split Rock. Children play safely in the cul de sac and this maintains the value of their home.
Doug Guyon, 16 Split Rock Road, Newtown, Connecticut submitted a petition signed by all the residence asking to have the cul de sac retained. It was a traffic safety and home value situation
Charles Foster, 12 Split Rock Road, Newtown, Connecticut said that the area will be less safe if the road is continued
Gary Gimmick, 2 Split Rock Road, Newtown, Connecticut concurred with the previous speakers.
Robert Hutchinson, 8 Split Rock Road, Newtown, Connecticut also signed the petition
Mr. Murphy said they have an alternative design maintaining the cul de sac
Mr. Stout had alternative designs including building a15ft drivable emergency road with chain. The Town Engineer did not like this idea.
The Commission unanimously agreed that it was not necessary to build the road out to Split Rock. There should be a deed restriction allowing the possible development of a road at a later time.
Mr. Sibley will review the revised maps.
Gino Vona, 2959 Congress Street, Fairfield, Connecticut, congratulated Mr. Bolmer on doing such a good job.
The hearing will be continued in order for the Town Engineer to receive, review and comment on the changes.
ELECTION OF OFFICERS
Mr. Bloom moved to nominate Ms, Dean, Chair of the Commission. Seconded by Ms. Brymer. The nomination was unanimously approved
Ms. Brymer moved to nominate Mr. Bloom, Vice-Chair of the Commission. Seconded by Mr. English. The nomination was unanimously approved
Ms. Dean moved to nominate Ms. Brymer Secretary of the Commission. Seconded by Mr. Blom. The nomination was unanimously approved
CORRESPONDENCE/COMMUNICATION
LAND USE DIRECTOR’S COMMENTS
Mr. Sibley advised the Commission that the regional HVCEO would be approaching the Planning and Zoning Commission as the administrative agency regarding transit planning. Ms. Dean said that once received a public hearing will be scheduled
There will be a meeting on January 14, 2009 on curb cut management on Church Hill Road. Mr. Mulholland said he would attend
EXECUTIVE SESSION
Ms. Dean made a motion to go into Executive Session to discuss CGS 8-24. Seconded by Mr. Bloom. The vote was unanimous.
When the Commission came out of Executive Session Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the referral from the Board of Selectmen and Conservation Commission for CGS 8-24 approval for the purchase of the Mason property located on Walnut Hill Road (Map 42, Block 15, Lot 34b) for open space
SHALL BE APPROVED.
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
The meeting was adjourned.
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