MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut April 2, 2009
Present: Ms. Dean; Mr. Bloom; Mr. Mulholland and Mr. English. Alternate: Mr. Cruson seated for Ms. Brymer. Also present. George Benson, Land Use Director. Clerk: Ms. Wilkin
The meeting was opened at 7.33 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
MANTATORY REFERRAL FROM THE BOARD OF SELECTMEN UNDER CGS 8-24 FOR THE DISCONTINUANCE OF A PORTION OF STONE GATE DRIVE
Mr. Benson explained the situation. After a brief discussion Ms. Dean agreed to write to the Town Attorney to confirm the Commission’s understanding of the matter.
PUBLIC HEARING
APPLICATION BY PLAZA SOUTH LLC FOR AN AMENDMENT TO EXISTING SPECIAL EXCEPTION FO “PLAZA SOUTH”, FOR PLAZA SOUTH, LLC, 266 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT. AMENDMENT SEEKS TO REDUCE THE SCOPE OF THE PROJECT TO THREE BUILDINGS TOTALING 24,500 SQUARE FEET. AS SHOWN ON A CERTIN MAP ENTITLED “PLAZA SOUTH, 266 MAIN STREET SOUTH, NEWTOWN, CT”, DATED SEPTEMBER 22, 2008, REVISED 2/10/09, ASSESSOR’S MAP 36, BLOCK 14, LOT 1
Mr. Bloom read the call for the hearing.
Ms. Dean read the correspondence in the file then asked to hear from the applicant.
Peter Scalzo, Esq., 2 Stony Hill Road, Bethel, Connecticut, representing the applicant explained how this application reduces the scope of the previously approved one.
Mike Lillis, P.E., CCA, 40 Old New Milford Road, Brookfield, Connecticut went through the scope of the proposed changes. The water supply and traffic flow would remain the same. Just the number of buildings is to be reduced. The balance of the site will be vegetated. He showed the new septic design plans and the architect’s plan. Landscaping would remain the same as originally approved.
Paul Scalzo, 32 Tory Lane, Newtown, Connecticut, answering questions from the Commission said that the ribboned trees that were inadvertently dropped would be replaced and the steep slope on the southwest corner would be addressed.
Mr. Lillis added that they could erect a chain link fence temporarily till the area is secured.
Ms. Dean asked to hear from the public.
Mary Curran, 41 Cold Spring Road, Newtown, Connecticut spoke for herself and a few neighbors present. She is grateful that the trees would be replaced. Wants the existing mature trees on Cold Spring Road to be left. She thanked the owner/developer for their cooperation with the neighbors.
Peter Scalzo addressed Ms. Curran’s comments regarding the building height and roof, which would be the same as originally approved.
Mr. Lillis would like to survey the area to see what would be the best approach.
Chuck Wallace, 228 Main Street, Newtown, Connecticut asked for a list of future tenants.
The Commission noted that this is nothing to do with the application.
The hearing was closed at 8:37 pm.
ACTION
Mr. Bloom moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Plaza South LLC for an amendment to existing Special Exception for “Plaza South”, for Plaza South LLC, 266 South Main Street, Newtown, Connecticut. Amendment seeks to reduce the scope of the project to three buildings totaling 24,500 square feet. As shown on a certain map entitled “South Plaza, 266 Main Street South, Newtown, CT”, dated September 22, 2008, revised 2/10/09, Assessor’s Map 365, Block 14, lot 1
SHALL BE APPROVED with the following conditions:
That the prior conditions of approval are still be effect:
a. Original approval dated April 21, 2005 (revised August 3, 2006, revised December 6, 2007)
b. Chain link fence will protect the steep southwest corner
c. The placement of existing trees shall be assessed and every effort made to retain established hardwoods.
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 II of the Zoning Regulations and the application to be consistent with the M-1 zone.
BE IT FURTHER RESOLVED that this approval shall become effective on April 13, 2009
Seconded by Mr. English
Vote: Ms. Dean Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Mr. English Yes
Mr. Cruson 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
Peter Scalzo, Esq., 2 Stony Hill Road, Bethel, Connecticut representing the applicant was available to answer questions.
Dainius Virbickas, P.E., Artel Engineering Group, LLC, 304 Federal Road, Brookfield, Connecticut addressed staff comments.
There were no comments from the public.
The hearing was closed at 8:39 p.m.
ACTION
Mr. Bloom moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Housatonic Valley Waldorf School Association, Inc. to amend their special exception (1) to construct a 16 space paved parking ot on the northerly portion of the premises on 40 Dodgingrown 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 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
SHALL BE APPROVED with the following stipulations:
1. An exclusive (phase) pedestrian crosswalk stanchion configuration at the intersection of Taunton Lane and Route 302 be included in the project pending DOT approval.
2. The driveway to 36 Dodgingtown Road to be widened to twelve (12) feet
3. Parking spaces parallel to the driveway in front of the building be widened to nine (9) feet wide
4. A Road and Drainage Work Agreement be completed
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 II of the Zoning Regulations and the application to be consistent with the F&R-1 zone.
BE IT FURTHER RESOLVED that this approval shall become effective on apri, 2009.
Seconded by Mr. English.
Vote: Ms. Dean Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Mr. English Yes
Moton approved.
PUBLIC HEARING (Continued)
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
Mr. Benson indicated on a map where this amendment would be allowed to show what would be impacted.
Ms. Dean read the proposed amendment. She, Mr. Bloom and Mr. Benson had met regarding screening. They would listen to public comments before proceeding further.
Greg Brauneisen, Esq., 148 Deer Hill Avenue, Danbury, Connecticut, representing Hilario, submitted his suggested amend. He did not think the proposal fit with the POCD.
Charlie Merrified, 26 Pocono Road, Newtown, Connecticut had no objection to competition but would prefer it remain in the B-2 zone.
Don Mitchell, 8 Bud Drive, Newtown, Connecticut concurred with most of Mr. Benson’s comments. He hoped the amendment would be approved.
Ms. Dean said that the Committee would reconvene to discuss the issues raised. The hearing would remain open till the May 7, 2009 meeting.
A recess was called at 9:06 p.m.
The meeting reconvened at 9:14 p.m.
COMMUNICATIONS
Mr. Cruson made a motion to approve the Minutes of March 19, 2009. Seconded by Mr. Bloom. The motion was unanimously approved.
Mr. Cruson advised the Commission that he had met with Mr. Benson to add to the Subdivision Regulations that prehistoric sites should be protected and developers should be forced to look for historical materials before bulldozing a building site. Once prepared it will be placed on the Agenda for public hearing.
At 9:23 p.m. Mr. Cruson made a motion to go into Executive Session to discuss pending litigation. Seconded by Mr. English.
After voting to come out of Executive Session the meeting was adjourned.
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