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3-5-09
MINUTES
Newtown Planning and Zoning Commission

Land Use Office                                                       Regular Meeting
31 Pecks Lane, Newtown, Connecticut                  March 5, 2009

Present:  Ms. Dean; Mr. Bloom; Ms. Brymer; Mr. Mulholland and Mr. English.  Alternate:  Mr. Belden.  Also present.  George Benson, Land Use Director.  

The meeting was opened at 7.30 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 (Continued)

Application by Nick & 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.

Public hearing was kept open to receive Attorney Groggins’ opinion on interpretation of Articles 4.01.100, 200, 300 and 400 about whether mandatory to construct extension from Split Rock cul de sac or just show on drawings that this is feasible. Attorney Groggins’ response is that the interpretation is at the discretion of the Planning and Zoning Commission.

Attorney James Murphy, Esq., Gregory & Adams, P.E., 10 Old Ridgefield Road, Wilton, Connecticut stated that the applicant had submitted high quality plans for both constructing the extension of Split Rock Road into the proposed subdivision or leaving Split Rock Road as a cul de sac.

Mary Liscinsky, 58 Eden Hill Road, Newtown, Connecticut, submitted map and text plus pictures of the end of the Split Rock Road cul de sac and recommends extending Split Rock Road into the proposed subdivision.

Robert Hall, 5 Nettleton Avenue, Newtown, Connecticut, stated that Attorney Groggins did not take into account sustantive provisions versus application procedures. If extending the cul de sac was only to be shown on the drawings and not executed then this should have been written in Article III and not Article IV.

Attorney James Murphy agrees with Attorney Groggins’ interpretation.

The hearing was closed at 7:55 p.m. Ms. Dean stated that discussion on this application was deferred until Commissioners have had time to read all the information submitted.

PUBLIC HEARING

Application by Housatonic Valley Waldorf School Association, Inc. to amend their special exception (1) To construct a 16 space paved parking lot on the northerly portion of the premises on 40 Dodgingtown Road; (2) To relocate seven other current parking spaces nine feet closer to the southeasterly line of the premises on 40 Dodgingtown Road; (3) Perform internal school improvements in the existing structure at 38 Dodgingtown Road, i.e., classrooms; (4) Incorporate the house structure at 36 Dodgingtown Road for school use; and (5) Allow for four sessions/classes at the same time with the potential of 78 pupils in the facilities during the morning time. As shown on certain map entitled “Housatonic Valley Waldorf School, 40 Dodgingtown Road, Newtown, CT, dated September 3, 2008, scale 1”= 20’, Assessor’s Map 8, Block 6, Lot 1-3.

Attorney Peter Scalzo, 2 Stony Hill Road, Bethel, Connecticut, described the five (5) parts to the application.
  A variance for the parking lot buffer was received from the Newtown ZBA on December 3, 2008.   The Waldorf School currently has an enrollment of 48 students and the proposed design provides for future growth. He went on to state that the Waldorf School provides for early childhood education for ages 2 through 6 years old. The proposed design provides 4 classrooms with 17 students each. Some classes are 5 days per week and others are less. There is also planned a 1 day per week class for 10 students. The classes will have different or staggered drop-off and pick-up times.
  Rob Sibley, the Assistant Land Use Director, has given a favorable opinion on the project.
  The Police Commission reviewed the application on March 1, 2009 and recommended a pedestrian crosswalk across Route 302 or Dodgingtown Road to provide safer access to the classrooms located across the street.
 The Traffic Report concludes there is no impact on traffic at the peak times.

Dainius Virbiclas, 304 Federal Road, Brookfield, Connecticut, is a Professional Engineer and showed plan and elevation drawings for the proposed project.
  Plans are to renovate existing buildings to provide classroom atmosphere.
  Stormwater drainage goes to catch basins  and then detention for 25 year storm. Some stormwater goes to recharge and rest to culvert on Taunton Hill Road. He has been asked to submit more information on where stormwater goes and the cut and fill calculations.
  Fire Marshall has requested several items. One is to widen the driveway at 36 Dodgingtown Road to 12 feet. Another request is to install a 30,000 gallon fire suppression tank which is an expensive cost for this Private School. The applicant is exploring alternatives like use of a pond and existing tank located at Pinnacle Ridge subdivision.
  Health Department sent email and State has submitted questions. One septic system is proposed for all the buildings. Recently dug up parking lot and determined existing septic system is in excellent condition and functioning properly. Plans are to continue to use the existing septic system and send the wastewater from the renovated building to the septic system located in the parking lot as well.  Need to increase septic calculations to account for some kitchen wastes.
 Drop-off times are 8:15 AM and 8:45 AM. Drop-offs will be in parking lots with the new plan and not on Dodgingtown Road so this will be much better than current operation.
 Putting in some additional landscaping.
 Installing a fence to separate existing play area from parking area.

James Belden said Route 302 is State road thus the State DOT needs to comment on the crosswalk and signs.
 
Scott  Wheelehan, 95 Cross Highway, Redding, Connecticut, is a parent and is on the Waldorf School’s Building Committee. He endorses this project.

Ms. Dean advised that the hearing would remain open to obtain responses from the Health Department, the Fire Marshall and the Town Engineer.

CORRESPONDENCE/COMMUNICATIONS

Ms. Dean announced that the State has awarded Newtown the requested $50,000 Grant to perform the Incentive Housing Study. Mr. Benson stated that he study must be completed by June 30, 2009 and needs to be awarded soon. The majority should be awarded to HMA but there is a part that is to a law firm.

Mr. Mulholland moved that the contract for the Incentive Housing Study be awarded to HMA with Dick Harrell being assigned as the Study Co-ordinator.

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

Ms. Dean said she had received a letter from the Newtown Chamber of Commerce recommending that Sign Regulations should provide for larger and better lit signs. No recommendation has been received from the Economic Development Commission yet.

The Tech Park has been reconfigured by the Economic Development Commission because the open space parcel has been retained by the State Department of Agriculture. James Belden and Dennis Bloom commented that they like the proposed new design so far. Mr. Belden made a motion to add the Tech Park to the Plan because the Commissioners have no issues with the latest proposal and support the idea that there will be no through road

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

Mr. Bloom moved that the Newtown Planning and Zoning Commission Minutes for February 5 and 19th be approved
Seconded by Mr. Mulholland
                                                        Vote:   Ms. Dean                Yes
                                                                Mr. Bloom               Yes
                                                                Mr. Mulholland               Yes
                                                                Mr. English             Yes
                                                                Ms. Brymer              Yes
                                                                Mr. Belden              Yes             
Motion approved

Ms. Dean recommended that all Commissioners attend the March 28th Land Use Seminar at Wesleyan University. Bob Mulholland agreed to drive his car and invited others to ride with him. Anyone wishing to attend the seminar, please contact George Benson so he can have you registered through the Land Use Office.

Mr. English move that the meeting be adjourned.
Mr. Bloom seconded the motion.
                                                        Vote:   Ms. Dean                Yes
                                                                Mr. Bloom               Yes
                                                                Mr. Mulholland               Yes
                                                                Mr. English             Yes
                                                                Ms. Brymer              Yes
                                                                Mr. Belden              Yes
The meeting was adjourned at 9:15 PM.