MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut February 5, 2009
Present: Ms. Dean; Mr. Bloom; Mr. Mulholland and Mr. English. Alternate: Mr. Cruson seated for Ms. Brymer and Mr. Belden. 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
MANDATORY REFERRAL FROM THE BOROUGH OF NEWTOWN FOR AN AMENDMENT TO THE BOROUGH ZONING REGULATION §B-70-4.10 BUSINESS ZONE USES BY SPECIAL EXCEPTION TO ALLOW FOR AN OUTDOOR SERVICE AND PATIO AT MY PLACE, INC,, NEWTOWN SHOPPING VILLAGE, L.P. AT 6 QUEEN SREET, NEWTOWN, CONNECTICUT.
Hugh Lavery, Esq., 1 Riverside Road, Sandy Hook, Connecticut, who represents the owner of “My Place” explained the proposal that required an amendment to the Borough Zoning Regulations.
After a brief discussion the Commission agreed that Ms. Dean should write to the Borough that they have no problem amending §B-70-4.10 by adding “restaurants with outdoor service but without drive through service”
CORRESPONDENCE/COMMUNICATIONS
DISCUSSION OF GIS SYSTEM
Scott Sharlow, Technical & GIS Director for the town of Newtown, distributed information “Zoning Map Interpretation” dated 2/5/09. There were a few areas that are unclear and require final determination of zoning. The Commission discussed the matter after which Ms. Dean asked for time to research the matter before making a decision. Once everything is resolved a map will be prepared and made available to the public.
PUBLIC HEARING (Continued)
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 PREPAED FOR CLARIS CONSTRUCTION, INC. DATED OCTBER 8. 2008, LAST REVISED 11/14/08, SCALE 1”=40’, ASSESSOR’S MAP 12, BLCK 2, LOT 39
Bill Carboni, P.E., Spath Bjorklund, 593 South Main Street, Southbury, Connecticut explained the minor changes to the plans. He addressed the potential noise emanating from the air conditioner roof units and exhaust. The application is consistent with the zone and is an improvement to the site.
The hearing was closed at 8:08 p.m.
Mr. Bloom moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Claris Construction for a special exception to allow dairy distribution at 352 South Main Street (CT Route 25) Newtown, Connecticut, prepared for Claris Construction, Inc. dated October 8, 2008, last January 20, 2009, scale 1”=40’. Assessor’s Map 47, Block 6, Lot 2
SHALL BE APPROVED with the following condition:
That the decibel level of the beepers shall conform to the lowest OSHA units.
BE IT FURTHER RESOLVED that the Commission finds that the special exception is consistent with:
1. The purpose and intent of Newtown Zoning District M-5
2. The Town of Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that this approval shall become effective on February 16, 2009.
Seconded by Mr. Mulholland
Vote: Ms. Dean Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Mr. English Yes
Mr. Cruson 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, P.E., 10 Old Ridgefield Road, Wilton, Connecticut submitted the following:
1. Key Regulations
2. Property Survey & Subdivision Map last revised 1/28/09
3. Open Space Plan Exhibit 1.0 (from the Newtown GIS system)
4. Petition received 1/20/09 requesting the continuation of the road through to Split Rock Road as currently deeded
5. Letter from Howard J. Weissberg, P.E., Tighe&Bond, dated February 5, 2009
6. Memorandum to Newtown Planning and Zoning Re: Traffic dated February 5, 2009
7. Letter from Martin D. Malin, P.E., Tighe&Bond, dated February 5, 2009
8. Analysis of Necessary Legal Conveyance
Wes Stout, Wesley Stout Associates, 96 Main Street, New Canaan, Connecticut detailed the traffic situation
Martin D. Malin, P.E., Tighe&Bond, Consulting Engineers, 1000 Bridgeport Avenue, Shelton, Connecticut covered the contents of his letter listed above.
Howard Weissberg, P.E., Tighe&Bond, Consulting Engineers, 1000 Bridgeport Avenue, Shelton, Connecticut covered the contents of his letter listed above.
The floor was opened to the public.
Robert Hall, 5 Nettleton Avenue, Newtown, Connecticut was the author of regulations pertinent to this application, 4.01.100, 200, 300 and 400. His concern was safety with dead-end roads.
Mary Liscinsky, 58 Eden Hill Road, Newtown, Connecticut favors the connecting road to Split Rock Road.
Stacy Caseria, 27 Eden Hill Road, Newtown, Connecticut addressed the traffic situation.
Joe Boorst, First Selectman, 10 Beechwood Drive, Newtown, Connecticut concurred with Mr. Hall that the road should be developed to Split Rock Road due to safety and access for emergency vehicles.
Robert Hutchinson, 8 Split Rock Road, Newtown, Connecticut expressed concern for the property values in the event the cul de sac is replaced with a through road.
Norman Urqhart, 23 Split Rock Road, Newtown, Connecticut considered cul de sacs safer and was also concerned about property values.
Sharon Cohen, 8 Eden Hill Road, Newtown, Connecticut expressed sympathy for the homeowners on what is now a cul de sac stating that it was not intended as such. She agreed with Messrs. Boorst and Hall.
Roger Post, 18 Split Rock Road, Newtown, Connecticut felt people would drive in a straight line.
Cathy Tredennick, 33 Eden Hill Road, Newtown, Connecticut would like the road opened up to alleviate the current situation of vehicles entering on Eden Hill Road with headlights shining directly into her home.
Charles Foster, 4 Split Rock Road, Newtown, Connecticut was concerned about safety on the roads.
Mr. Murphy addressed the comments, noting that the regulations consider 15 homes on a cul de sac as safe. He and Mr. Hall disagreed on interpretation.
Gary Dimmick, 2 Split Rock Road, Newtown, Connecticut asked if the number of people on the Petition would affect the Commission’s decision.
Joe Hovious, 3 Leonard Drive, Sandy Hook, Connecticut, Chair of the Conservation Commission would like to take a further look at what the impact would be on the wetland.
Ms. Dean advised that the hearing would remain open only to obtain responses from the Town Attorney, Health Department and Town Engineer.
A recess was called at 10:09 p.m.
The meeting reconvened at 10:20 p.m.
CORRESPONDENCE/COMMUNICATION (Continued)
LAND USE DIRECTOR’S COMMENTS
Mr. Benson distributed a Proposal to amend Article V. After a brief discussion it was decided to re-word it for future review.
At 10: 29 p.m. Ms. Dean made a motion to go into Executive Session to discuss pending litigation. Seconded by Ms. Cruson.
After voting to come out of Executive Session the meeting was adjourned.
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