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4-16-09
MINUTES
Newtown Planning and Zoning Commission

Land Use Office                                                       Regular Meeting
31 Pecks Lane, Newtown, Connecticut                   April 16, 2009

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

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

MANDATORY REFERRAL

MANTATORY REFERRAL FROM THE BOARD OF SELECTMEN UNDER CGS 8-24 FOR THE DISCONTINUANCE OF A PORTION OF STONE GATE DRIVE

The Commission was in receipt of a letter from Attorney Robert Hall clarifying the matter.  Ms. Dean will send a letter from the Commission to the First Selectman approving the referral.

PUBLIC HEARING

APPLICATION BY BROM ENTERPRISES LLC FOR A SPECIAL EXCEPTION TO CONSTRUCT A 17,000 SQUARE FOOT MEDICAL OFFICE BUILDING, 183 MOUNT PLEASANT ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “SITE DEVELOPMENT PLAN PREPARED FOR BROOM ENTERPRISES, LLC, 183 MOUNT PLEASANT ROAD, NEWTOWN, CONNECTICUT” DATED FEBRUARY 10, 2009, LAST REVISED 3/9/09, SCALE 1” = 20’, ASSESSOR’S MAP 2, BLOCK 4, LOT 34

The hearing was opened at 7:34 p.m.

Ms. Brymer read the call for the hearing.

Ms. Dean read the correspondence in the file and asked to hear from the applicant.

Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut, explained the engineering aspects of the application.  Revised plans were submitted reflecting comments from staff.  There are no wetlands on the site and erosion control and storm management comply with regulations.  Sight lines were met.  They are waiting for DOT authorization.

Mike Bonaserra, 164 Taunton Hill Road, Newtown, Connecticut, applicant/developer explained how the building was environmentally sound.  There would be little carbon footprint.  They planned on installing a geothermal system to heat and cool the building.  Also solar panels would be used and energy efficient lights would be installed.  The design of the building incorporating suggestions from the Architectural Review Board was described.  There was a brief discussion about the proposed signs.

Bob Tobin, 115 Woodlawn Lane, Stratford, Connecticut, architect for the project said that Mr. Bonaserra had covered everything but was available to answer any questions.
There was no public participation.
The Commission noted that they needed approval from DOT regarding curb cuts and the Sewer Board, which was meeting this evening.  The signs meet regulations, but should they require the street sign to be larger the applicant should go before the ZBA.
The hearing was closed at 8:30 p.m.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Brom Enterprises, LLC for a special exception to construct a 17,000 square foot medical office building, 183 Mount Pleasant Road, Newtown, Connecticut, as shown on a certain map entitled “Site Development Plan prepared from Brom Enterprises, LLC, 183 Mount Pleasant Road, Newtown, Connecticut” dated February 10, 2009, last revised 4/15/09, scale 1” = 20’, Assessor’s May 2, Block 4, Lot 34
SHALL BE APPROVED with the following stipulation:
        Subject to recommendation of approval by the Water and Sewer Authority,         and DOT
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 ll of the Zoning Regulations and the application to be consistent with the B-2 zone.
BE IT FURTHER RESOLVED that this approval shall become effective on April 27, 2009.
Seconded by Br. Bloom
                                        Vote:           Ms. Dean                Yes                                                                     Mr. Bloom                Yes                                                                     Ms. Brymer              Yes                                                                      Mr. Mulholland  Yes
Motion approved.
The Commission congratulated the applicant on thorough and complete application.
PUBLIC HEARING
APPLICATION BY TOWN OF NEWTOWN PLANNING & ZONING COMMISSION FOR AN AMENDMENT TO TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE III, SECTION 3.03.600 PERTAINING TO ARCHAEOLOGICAL HISTORICAL AND CULTURAL RESOURCES PRESERVATIONS AS CONTAINED IN A CERTAIN DOCUMENT ENTITLED “TOWN OF NEWTOWN, CT AMENDMENT TO THE SUBDIVISION REGULATIONS” DATED MARCH 31, 2009        
The hearing was opened at 8:40 p.m.
Ms. Brymer read the call for the hearing.
Ms. Dean read the correspondence in the file and continued the hearing till a future date because the driving force, Mr. Cruson, could not make this meeting.   
DISCUSSION AND POSSIBLE ACTION
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION WILL VOTE WHETHER TO RATIFY AND CONFIRM THE PRIOR VOTE OF APRIL 2, 2009 TO SETTLE THE LAWSUIT “NEWTOWN MAIN, LLC VS. THE PLANNING AND ZONING COMMISSION OF THE TOWN OF NEWTOWN BY APPROVING THE ZONE CHANGE REQUEST FROM GENERAL BUSINESS ZONE B-2 TO SPECIAL DEVELOPMENT DISTRICT #3 AND AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT SECTION 6.06 FOR PROPERTY LOCATED AT 47-49 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “SITE PLAN WALGREENS PROP. PHARMACY, 47-49 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT” DATED JULY 9, 2008 AND REVISED 10/15/08, SCALE AS SHOWN, WITH MODIFICATIONS AS INDICATED IN THE PLAN TITLED “CONCEPTUAL LANDSCAPE PLAN”, DATED MARCH 11, 2009 BY DIDONA ASSOCIATES SHEETS LC-2, ASSESSOR’S MAP 28, BLOCK 7, LOTS 8 & P.  THE COMMISSION FURTHER AUTHORIZES THE TOWN COUNSEL TO MOVE FORWARD WITH THE SUPERIOR COURT HEARING REQUIRED BY SECTION 8-8n CGS
The vote was tabled because it required five votes.
COMMUNICATIONS
MINUTES
Ms. Dean moved to approve the minutes of April 2, 2009 as revised 4/16/09.  Seconded by Mr. Bloom.  The vote was unanimous.
LAND USE AGENCY DIRECTOR’S COMMENTS
Mr. Benson updated the Commission on the proposed business zone allowing repair garages.  He will incorporate his findings to discuss at the next meeting.
The Commission discussed a letter from Anthony DeAngelo, 18 Cedarhurst Trail, Sandy Hook, Connecticut regarding a tarp over the roof of a neighbor’s house.  The matter will be discussed with the Building Department, after which Mr. Benson will contact Mr. DeAngelo.
Mr. Cruson will update the discussion regarding barn preservation at the next meeting.
Mr. Mulholland made a motion to adjourn.  Seconded by Mr. Bloom
                                        Vote:           Ms. Dean                Yes                                                                     Mr. Bloom                Yes                                                                     Ms. Brymer              Yes                                                                      Mr. Mulholland  Yes                                                                     Mr. English             Yes
Motion approved.
The hearing was adjourned at 9:02.p.m.