MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut March 19, 2009
Present: Ms. Dean; Mr. Bloom; Ms. Brymer and Mr. English. Alternate: Mr. Cruson seated for Mr. Mulholland 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
DISCUSSION AND POSSIBLE ACTION
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
Ms. Dean summarized the pros and cons of building the Split Rock access way. The Police and Fire Departments preferred it. Mr. Bloom noted that snow plowing would be easier. Ms. Brymer noted that if built the property values would affect tax revenues. Cul de sacs help curb crime. Traffic impact would not change significantly
When the Commission had covered the issues Mr. Bloom read the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Nick & Gino Vona Mason Contractors and WF Brothers, LLC for the 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, S-3 dated April 12, 2007, last revised 10/17/08, scale 1”=60’, Assessor’s Map 12, Block 2, Lot 39
SHALL BE APPROVED with the following stipulation:
1 That prior to filing the record maps in the Newtown Land Records:
Split Rock access way (50 foot right of way): The final Mylar Subdivision Map submitted y the Applicant for recording shall show a 50 foot access way labeled as “Parcel B” on the map entitled Property Survey and Subdivision Map of Oak Ridge Phase III prepared for Gino and Nick Vona, 46 Eden Hill Road, Newtown, Connecticut, prepared by Brautigam dated April 12. 2—7 and revised through January 28, 2009; sheets S-2 and S-4 (2 of 4 sheets) “Parcel B” is to be conveyed to the Town for a future potential Town road. Map to be modified to show a 50’ right of way instead of two 25’ rows.
a. Labeling Correction: Fire Suppression Tank A: The final Mylar Subdivision Map submitted by the Applicant for recording shall show that area labeled Drainage Easement A (“D.E. A”) on the map entitled Property Survey and Subdivision Map of Oak Ridge Phase III prepared for Gino and Nick Vona, 46 Eden Hill Road, Newtown, Connecticut, prepared by Brautigam Land Suyrveyors, P.C. (“Brautigam”) dated April 12, 2007 and revised through January 28, 2009, sheets S-1 (sheet 1 of 4) as Fire Suppression Tank Easement A
b. Labelng Correction: Fire Suppression Tank D: The final Mylar Subdvision Map submitted by the Applicant for recording shall show that area labeled Drainage Easement D (“D.E. D”) on the map entitled Property Survey and Subdivision Map of Oak Ridge Phase III prepared for Gino and Nick Vona, 46 Eden Hill Road, Newtown, Connecticut, prepared by Brautigam Lane Surveyors, P.C. (“Brautigam”) dated April 12, 2007 and revised through January 28, 2009, sheets S-3 (sheet 3 of 4) as Fire Suppression Tank Easement D
c. Scale of the Final Supplemental Map: The final Mylar Supplemental Map (sheets S-4 through S-5.4) submitted in compliance with these conditions shall be at a scale of one inch equals forty feet (1”=40’) in accordance with Section 3.02.100 of the Newtown Subdivision Regulations.
d. Labeling Correction: Sheet C-3.1: The final Mylar Roadway Plan & Profile (sheet C-3.1) shall show the catch basin at station 3+00 and on the west side of Sebastian Trail as “ExCB-06” in accordance with the exhibit entitled “Oak Ridge III Newtown, CT Revised CB Number.” Sheet SK-7 prepared by Tighe & Bond Consulting Engineers, dated February 5, 2009 and submitted at the February 5, 2009 Public Hearing by the Applicant. Said catch basin is currently labeled “ExCB-05” on the plan dated July 2007 and revised through January 30, 2009.
e. Structure Table Correction: Sheet C-3.2: The final Mylar Roadway Plan & Profile (sheet C-3.2) shall show on the “Structure Table” the invert elevation (“Inv El.”) for structure CB-10 as 697.18 for structure CB-16 as 703.05 and for structure CB-17 as 702.88 in accordance with the exhibit entitled “Oak Ridge III, Newtown CT Structure Table” Sheet SK-6 prepared by Tight & Bond Consulting Engineers dated February 5, 2009 and submitted at the February 5, 2009 Public Hearing by the Applicant. Said Structure table currently lists the invert elevations for structure CB-16 as 702.87 and for structure CB-17 as 703.04 on the plan dated
July, 2006 and revised though January 30, 2009
f. Energy Drainage Details: Sheet C-4.3: During the construction phase, the Applicant shall receive final approval from the Town Engineer for the installation of the Underdrain and Flared End Section Dissipation & Biofilter as detailed on the Drainage Details Plan, Sheet C-4.3
g. Legal Conveyances: Prior to the filing of the final Mylar on the land records the Applicant shall submit all deeds conveying any interest in land to the Town to the Town Attorney for approval.
2. A bond in the amount of $801,700 shall be submitted to secure the following:
Lot Pin Bond $21,700
Road Bond $780,000
3. The applicant/developer shall permanently field mark the conservation easements, assess easement on every lot prior to the issuance of a building permit to permit potential home buyers to visually identify the easement areas
4. The applicant/developer shall permanently field mark and blaze a trail within the access way to the open space land prior to the issuance of a building permit for lots at the end of the cul de sac to permit potential home buyers to visually identify the access area. The Conservation Commission’s agent shall specify the market type and locations for the markers and will assist with locating the trail.
5. The applicant shall record, on the land records, the executed conservation easements and access easement for each lot along with the subdivision map.
BE IT FURTHER RESOLVED that the application is consistent with the conditions of approval imposed by the Newtown Inland Wetlands Commission: The Newtown Planning and Zoning Commission hereby expressly adopts all those eight (8) conditions imposed by the Newtown Wetlands Commission under Inland Wetlands permit #08-09.
BE IT FURTHER RESOLVED that the application is consistent with the Subdivision Regulations and the F&R-02 and F&R-3 zones.
BE IT FURTHER RESOLVED that this approval shall become effective on March 30, 2009.
Seconded by Mr. English.
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. English Yes
Motion approved
PUBLIC HEARING (Continued)
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.C. 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 76 PUPILS IN THE FACILITIES DURING THE MORNING TIME, AS SHOWN ON A 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
The Commission had not received comments from the Health Department. The hearing was therefore continued.
PUBLIC HEARING
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND REGULATIONS AT ARTICLE V, SECTION 5.06.490 PERTAINING TO AN AUTOMOBILE REPAIR GARAGE EXCEPT WITHIN THE AQUIFER PROTECTION DISTRICT AS SHOWN IN A CERTAIN DOCUMENT ENTITLED “TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION PROPOSED AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS ARTICLE V, SECTION 5.06.490 PERTAINING TO AN AUTOMOBILE REPAIR GARAGE EXCEPT WITHIN THE AQUIFER PROTECTION DISTRICT” DATED FEBRUARY 20, 2009
The hearing was opened at 8:22 p.m.
Mr. Bloom read the call for the hearing.
Ms. Dean read the correspondence in the file, then went on to explain the reason for he amendment, which was to increase the use in the industrial zone.
Mr. Benson said that parking is frequently a problem with this use. It can sometimes result in overspill of vehicles parking on the road and being a place for abandoned vehicles.
Ms. Dean asked to hear from the public
Greg Brown, Esq., 148 Deer Hill Avenue, Danbury, Connecticut, representing Hilario Service Center who is opposed to the application. Protections under current regulations would be lost, there would be a problem with parking which could cause an eyesore. He did not think the application conforms to the PODC.
Charlie Merrifield, 26 Pocono Road, Newtown, Connecticut was in favor of the change.
Don Mitchell, 8 Bud Drive, Newtown, Connecticut opposed the application. He was concerned about the possibility of wreckers on the site and repairs to large trucks.
Douglas Dunleavy, 61 Vale Road, Brookfield, Connecticut is the person who initiated the proposed change. He has many businesses in the area and needs extra space. He runs a clean business which would not include towing.
Wes Thompson, 190 Walnut Tree Hill Road, Newtown, Connecticut, member of the EDC supports the application as a good economic benefit to the town. He had many of the concerns expressed and asked the Commission to protect the area and avoid parking in the roadway.
Bob Kimball, 3 Edmond Road, Newtown, Connecticut is in favor of the change. He considered it good business for the town.
Gary Crisci, Newtown Car Center, 3 Commerce Drive, Newtown, Connecticut did not consider it a good idea.
Ms. Dean said the Commission needs to work a little more on the regulation. The hearing would be continued. She and Mr. Bloom would research it further.
A recess was called at 8:50 p.m.
The meeting reconvened at 9:00 p.m.
CORRESPONDENCE/COMMUNICATIONS
Ms. Dean advised the Commission that she was in receipt of reminders from the State that the new POCD is due 2014.
Mr. English made a motion to approve the minutes of March 5, 2009. Seconded by Mr. Bloom. The vote was unanimous.
Mr. Benson advised the Commission that the Tech Park concept plan was approved by the Conservation Commission.
Wes Thompson from the EDC joined the discussion. They felt the Corp. of Engineers approval should be sought as soon as possible. They need to show concept buildings.
At 9:09 p.m. Mr. Cruson made a motion to go into Executive Session to discuss pending litigation. Seconded by Mr. Bloom.
After voting to come out of Executive Session the meeting was adjourned.
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