MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut July 2, 2009
Present: Ms. Dean; Mr. Bloom; Ms. Brymer, Mr. Mulholland and Mr. English. Alternates: Mr. Belden and Mr. Cruson. 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
PUBLIC HEARING
APLICATION BY 5-K ENTERPRISES, INC., TO AMEND A SPECIAL EXCEPTION TO ALLOW FOR A PUBLIC GARAGE FOR PROPERTY LOCATED AT 3 EDMOND ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAY 27, BLOCK 6, LOT 11
Ms. Brymer read the call for the hearing.
Ms. Dean read the correspondence in the file and asked to hear from the applicant.
Jim Strub, Esq., Secor, Cassidy & McCarthy, 41 Church Street, Waterbury, Connecticut representing the applicant submitted an affidavit of mailing. He went through the history of the site. The first building is constructed and the second one is pending approval of this application. There would be three bays each with the capacity to hold one truck, bus or trailer to be worked on. There is space for one vehicle outside waiting to go inside. There would also be overload parking as required on the property.
Douglas Dunleavy, 12 Bluberry Hill, Bridgewater, Connecticut, owner, did not anticipate more than four vehicles to be on site at one time. They want to focus on local trucks, fire apparatus and diesel vehicles. Their primary work would be road service. Operating hours would be 7:00am – 5:30 pm.
Ms. Dean asked to hear from the public
Carol Mattegat, 12 Bud Drive, Newtown, Connecticut said that repair of truck damaged roads would offset any tax benefit.
John Madzula, 20 The Boulevard, Newtown, Connecticut was concerned about the noise of backing up vehicles. He felt it unsuitable for a residential area. He asked the Commission to deny the application
Peggy Baiad, 4 Bud Drive, Newtown, Connecticut did not appreciate having the hearing scheduled so close to a holiday. She said that the operation would impact the neighbors.
Anthony Baiad, 4 Bud Drive, Newtown, Connecticut was concerned about spillage into the wetlands. He opposed the project.
Henry Klein, 8 Bud Drive, Newtown, Connecticut noted that repair work could be quiet, but body work is noisy. He was negative about what this could become.
Mike Albs, 10 Bud Drive, Newtown, Connecticut concurred with the previous neighbors.
Doug Nelson, 14 The Boulevard, Newtown, Connecticut, did not think this was the right use. It would not be in harmony with the environment. He was opposed.
Mr. Strub stated that body work is not allowed under the current regulations. They have worked closely with Robert Sibley who did not express any concerns.
Ms. Dean said that there would be a need of proof of best management practices. This is a use by right.
Harvey Hubble, 6 West Street, Newtown, Connecticut said that times change and there is an economic need to relieve some of the tax burden on residents. Noise came to the area when the railroad was built.
Heather Kimball, 3 Edmond Road, Newtown, Connecticut showed where the loading docks would go and explained the parking.
Mr. Benson noted that noise ordinance comes under the police authority.
Mr. Dunleavy, invited concerned people to visit his existing place of business at 61 Vale Road, Brookfield. He wants to relocate to Newtown and work with the neighbors.
The hearing was closed at 8:55 p.m.
DISCUSSION/ACTION
The Commission noted that the concerns expressed by the neighbors would apply to other uses in this zone. From a planning perspective the Commission had no problem with it.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by 5-K Enterprises, Inc., to amend a special exception to allow for a public garage or property located at 3 Edmund Road, Newtown, Connecticut, as shown on a certain map entitled “Site Development Plan prepared for 5-K Enterprises, Inc., #71 Church Hill Road and Edmund Road, Newtown, Connecticut”, dated March 13, 2006, last revised 2/5/07, scale 1”=50’, Assessor’s Map 27, Block 6, Lot 11
SHALL BE APPROVED
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 11 and the application to be consistent with the M-5 zone.
BE IT FURTHER RESOLVED that this approval shall become effective on July 13, 2009
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland No
Mr. English No
Motion approved
PUBLIC HEARING (Continued)
APPLICATION BY EDWARD FALKENBERG – ACME REALTY FOR AN APPLICATION FOR A SPECIAL EXCEPTION TO CONSTRUCT A MIXED USE RETAIL/OFFICE BUILDING, 164 MOUNT PLEASANT ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “SITE LAYOUT PLAN RETAIL AND OFFICE SPACE DEVELOPMENT, 164 MT PLEASANT ROAD, NEWTOWN, CONNECTICUT” DATED NOVEMBER 25, 2008, LAST REVISED 5/11/09, SCALE 1”=20’, ASSESSOR’S MAP 2, BLOCK 5, LOT 10
Keith Beaver, Didona Associates, 70 North Street, Danbury, Connecticut submitted copies of a letter from the Sewer Company to the EDC giving their preliminary approval. He had revised maps indicating the additional shade trees and where the grease trap would be located in the event a tenant is a restaurant.
There were no members of the public wishing to speak.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Edward Falkenbrg – Acme Realty for an application for a special exception to construct a mixed use retail/office building, 164 Mount Pleasant Road, Newtown, Connecticut, as shown on a certain map entitled “Site Layout Plan Retail and Office Space Development, 164 Mt. Pleasant Road, Newtown, CT” dated November 25, 2008, last revised 5/11/09, scale 1” = 20’. Assessor’s Map 2, Block 5, Lot 10
SHALL BE APPROVED with the following stipulation:
Subject to recommendation of approval by the Water and Sewer Authority
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 11 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 July 13, 2009.
Seconded by Mr. Mulholland
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
PUBLIC HEARING (Continued)
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE IV, SECTION 4 – ACCESSORY USES IN BUSINESS ZONES TO PERMIT DRIVE THROUGH WINDOWS AND PNEUMATIC DELIVERY STATIONS AS AN ACCESSORY USE TO A FINANCIAL INSTITUTION AND TO PERMIT DRIVE THROUGH WINDOWS AS AN ACCESSORY USE TO A PHARMACY AS WRITTEN IN A CERTAIN DOCUMENT ENTITLED “TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION DRAFT AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS, ARTICLE IV. SECTION 4 – ACCESSORY USES IN BUSINESS ZONES” DATED MAP 21, 2009
The Commission discussed the proposed amendments and opened the floor to the public.
Blanca Sheehan, 72 Queen Street, Newtown, Connecticut felt that approval would open up a Pandora’s Box. She asked the Commission to deny the proposal.
Ms. Dean noted that there is a demand for this convenience and no reason to deny it.
Mr. Benson said that there is a difference between pharmacies and banks, which are comparable, and restaurants, which are still not allowed.
The hearing was closed at 9:22 p.m.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by this Commission for revisions to the Town of Newtown Zoning Regulations pertaining to drive through windows and pneumatic delivery stations as an accessory use to a financial institution and drive through window as an accessory use to a pharmacy as written in a certain document entitled “Town of Newtown Planning and Zoning Commission DRAFT AMENDMENT To the Town of Newtown Zoning Regulations Article IV, Section 4 – Accessory Uses in Business Zones dated May 21, 2009
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the reason for amending the regulations are as follows:
To permit drive through windows and pneumatic delivery stations as an accessory use to a financial institution
To permit drive through windows as an accessory use to a pharmacy
BE IT FURTHER RESOLVED that the amendments are consistent with the Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that the amendments shall become effective on July 13, 2009.
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland No
Mr. English Yes
Motion approved
DISCUSSION AND POSSIBLE ACTION
POND PERMIT APPLICATION
APPLICATION BY NORMAL NAGY FOR A POND PERMIT FOR CLEANING AND MAINTENANCE OF COGER POND, COLD SPRING ROAD, NEWTOWN, CONNECTICUT
The application was still tabled until Inland Wetland approves it
COMMUNICATONS
MINUTES
Page 1 – second Mandatory Referral. Ms. Brymer amended the motion to read “Mr. English made a motion to write to the Legislative Counsel recommending approval of the purchases.”
Page 3 – Communications. Ms. Dean wanted to delete the word OPEN when referring to neon signs.
Mr. English made a motion to approve the Minutes of June 18, 2009 as amended. Seconded by Mr. Bloom. The vote was unanimous.
LAND USE AGENCY DIRECTOR’S COMMENTS
Mr. Benson distributed a draft letter to the CT DEP regarding the proposed expansion of a solid waste facility located at 30 Hawleyville Road. He updated the Commission on the current status of the proposal. Ms. Dean made a motion that a letter from her as Chair of the Commission will be sent to the CT DEP expressing the Commission’s position on the proposed expansion. Seconded by Mr. English. The vote was unanimous.
GENERAL COMMUNICATIONS/CORRESPONDENCE
The Commission agreed to come up with ideas to adjust the fees for minor changes to special exceptions. Once comments were received the matter will be scheduled for public hearing.
The Commission discussed a letter from the Fairfield Hills Authority requesting the permanent closing of the main entrance. In response the Commission advised the FFHA what is required when changing the Master Plan and property within the Aquifer Protection District.
Ms. Dean moved to recommend to the Fairfield Hills Authority that the closing of the original entrance at Fairfield Hills to Wasserman Way remain closed as is consistent with the Master Plan. Seconded by Mr. Bloom. The vote was approved 4 – 1. Mr. English voted no.
Ms. Dean gave the Commission a breakdown comparing the number of applications to date 2009 with 2008
Mr. Mulholland made a motion to adjourn. Seconded by Mr. Bloom. The vote was unanimous.
The meeting was closed at 9:55 p.m.
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