MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
Municipal Building December 3, 2009
3 Primrose Street, Newtown, Connecticut
Present: Ms. Dean; Ms. Brymer; Mr. Bloom; Mr. Mulholland and Mr. English. Alternate: Mr. Cruson. Also present. George Benson, Land Use Director and Attorney Robert Fuller.. Clerk: Ms. Wilkin
The Commission welcomed Michael Porco as an alternate member.
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, Municipal Building, 3 Primrose Street, Newtown, Connecticut
PUBLIC HEARING
APPLICATION BY CHARLES D. FERRIS III AND SHIRLEY FERRIS D/B/A FERRIS ACRES CREAMERY FOR AN AMENDMENT TO A SPECIAL EXCEPTION TO BUILD A 20 X 20 FOOT ADDITION TO AN EXISTING ICE CREAM SHOP AS SHOWN ON A CERTAIN MAP ENTITLED “PROPOSED SITE PLAN FERRIS ACRES CREAMERY, SUGAR STREET, ROUTE 302, NEWTOWN, CONNECTICUT” DATED JUNE 9. 2003, LAST REVISED. ASSESSOR’S MAP 13, BLOCK 2, LOT 8
Ms. Brymer read the call for the hearing
Ms. Dean read the correspondence in the file, then asked to hear from the applicant.
Shirley Ferris, 4 Robin Hill Road, Newtown, Connecticut explained the application and distributed a document and sketch titled “Points of Interest for P&Z Hearing, Ferris Acres Creamery, Dec 3, 2009”
Ms. Dean asked to hear from the public.
Bernie Donnelly, 2 Long View Heights, Newtown, Connecticut asked about the lighting and any other possible use.
Mary Faith Donnelly, 2 Long View Heights, Newtown, Connecticut asked if the new building would obstruct the additional parking.
Ms. Dean explained that no other adjustments would be permitted as the use is under Special Exception.
The hearing was closed at 7:44 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Charles De. Ferris III and Shirley Ferris d/b/a Ferris Creamery for an amendment to a special exception to build a 20 x 20 foot addition to an existing ice cream shop as shown on a certain may entitled “Proposed Site Plan Ferris Acres Creamery, Sugar Street, Route 302, Newtown, Connecticut” dated June 9, 2003. Assessor’s map 14, Block 2, Lot 8
SHALL BE APPROVED
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 R-2 zone.
BE IT FURTHER RESOLVED that this approval shall become effective on December 14, 2009.
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved.
PUBLIC HEARING
APPLICATION BY PLAZA SOUTH LLC AND 266 SOUTH MAIN STREET LLC TO AMEND THE EXISTING SPECIAL EXCEPTION APPROVAL FOR CONSTRUCTION OF A FIVE BUILDING SHOPPING CENTER BY ADDING TWO BUILDINGS TO THE PROJECT OF 19,950 SQUARE FOOT AND 14,000 SQUARE FOOR RESPECTIVELY AS SHOWN ON A CERTAIN MAP ENTITLED “SITE PLAN BUILDINGS A, B, C AND PHASE II BUILDINGS D & E, PLAZA SOUTH, PREPARED FOR PLAZA SOUTH LLC AND 266 SOUTH MAIN STREET LLC” DATED SEPTEMBER 9, 2009, SCALE 1” = 40’
Ms. Brymer 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 the history of the site and details of this amendment.
Michael Lillis, C.C.A., LLC, 40 Old New Milford Road, Brookfield, Connecticut submitted certified mail receipts. He explained the minor changes to the buildings. The landscaping design was revamped to conform to new requirements and a lighting plan was submitted.
Rod Cameron, Landscape Architect, C.C.A., LLC, 40 Old New Milford Road, Brookfield, Connecticut explained the buffer and stability of the slope in the rear of the building. Buffer material would be different to improve longterm protection for nearby residents. There would also be a six foot fence to give additional buffering. They had worked with the neighbors to address their concerns.
Ms. Dean asked to hear from the public.
Mary Curran, 41 Cold Spring Road, Newtown, Connecticut, representing the residents of Cold Spring Road, Washburn Lane and Kay Lane. 78 people had signed the petition to retain the buffer. She felt the fence was a good idea and accepts the revisions. They were satisfied and support the amendment.
The hearing was closed at 8:35 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Plaza South LLC and 266 South Main Street LLC to amend the existing special exception approval for construction of a five building shopping center by adding two buildings to the project of 19,950 square feet and 14,000 square feet respectively as shown on a certain map entitled “Site Plan Buildings A, B, C and Phase II Buildings D & E, Plaza South, Prepared for Plaza South LLC and 266 South Main Street LLC” dated September 9, 2009, revised 11/30/09, scale 1” = 40’
SHALL BE APPROVED, with the following stipulation:
That the proposed drive through windows on Buildings C and E be shown on the final plans.
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 December 14, 2009.
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved.
PUBLIC HEARING
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A PROPOSED AMENDMENT TO THE ZONING REGULATIONS AT ARTICLE X, SECTION 10.01.460 AND TO THE SUBDIVISION REULATIONS AT ARTICLE LLL, SECTION 3.03.800 PERTAINING TO ENVIRONMENTAL IMPACT REPORTS FOR SUBDIVISIONS AS CONTAINED IN A CERTAIN DOCUMENT ENTITLED “PROPOSED AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS, ENVIRONMENTAL IMPACT RPORT FOR SUBDIVISIONS” DATED OCTOBER 15, 2009 AND REVISED 11/5/09
The hearing was opened at 8:44 p.m.
Ms. Dean read the call for the hearing and the correspondence in the file.
Mr. Benson explained the amendment, which came about as a result of the Supreme Court asking the Commission to address the issue of protecting the environment. It would require certain things to be addressed before an application comes before them. And, when necessary, require applicants to build around natural features. He considered this a point of public health, safety and welfare.
Ms. Dean asked to hear from the public.
Mary Gaudet-Wilson, 12 Whippoorwill Road, Newtown, Connecticut commended the Commission for the amendment. She submitted a letter from Joe Hovious of the Conservation Commission who was unable to attend the hearing in person.
Robert Hall, 5 Nettleton Avenue, Newtown, Connecticut stated that the State Statute does not support what is being suggested, adding that Planning and Zoning has no jurisdiction over environmental issues.
Mr. Benson responded that they do have a right to protect natural resources. It would need to be reasonable and feasible.
Ms. Dean said it would save a lot of time up front. She suggested that the hearing remain open till they obtain a list of other towns who have this type of regulation and get the Town Attorney’s opinion in writing. She wants time to make sure there will be no repercussions.
The hearing is to be continued
PUBLIC HEARING (Continued)
APPLICATION BY ATTORNEY ROBERT H. HALL FOR A PROPOSED AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT SUBSECTIONS 1.08.100 AND 5.02.355 AS CONTAINED IN A CERTAIN DOCUMENT ENTITLED “PROPOSED AMENDMENT TO NEWTOWN ZONING REGULATIONS AMENDMENT TO PERMIT AUTO BODY PAINT SHOPS”
The hearing was opened at 9:20 p.m.
Ms. Dean read the call of the hearing and the correspondence in the file. She then asked to hear from the applicant.
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut representing Peter Spath and Peter Gottmeier who have been cited by the Zoning Officer for conducting business that is not authorized under the zoning regulations. He distributed Pit Stop Fact Sheet “Body Repair & Painting”. He went through the history of P&Z permitted uses. They are asking for permission to conduct body painting at 5 Dusty Lane, Newtown, Connecticut.
Peter Gottmeier, 378 Quassapague Road, Newtown, Connecticut answered various questions posed by Mr. Hall regarding his various operating procedures.
Peter Spath, 5 Dusty Lane, Newtown, Connecticut did an initial environmental cleanup and was very conscious of environmental issues.
Mr. Porco stated that he was concerned about potential competitors not being as conscientious.
Ms. Dean and Mr. Benson both stated that regulating these activities would be near impossible. Mr. Benson continued by saying that this amendment is for one individual but opens it up for the entire town.
Ms. Dean added that it is a shame that DEP does not issue permits for this kind of use. Mr. Cruson had mixed feelings. Mr. Porco said it would be convenient having a body shop in town but it should be regulated. Mr. English and Mr. Bloom were concerned about enforcement and the aquifer. Ms. Brymer was concerned that a good businessman would be unable to conduct his business. Mr. Mulholland said that the aquifer is a separate issue. It is a long process to approve changes like this.
Ms. Dean said that no matter what, this type of business would not be approved on the aquifer. Mr. Benson added that the staff is against this kind of operation.
Mary Curran, 41 Cold Spring Road, Newtown, Connecticut considered this spot zoning.
The hearing was closed at 10:26 p.m.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Attorney Robert H. Hall for a proposed amendment to the town of Newtown Zoning Regulations at Subsections 1.06.100 and 5.02.355 as contained in a certain document entitled “Proposed Amendment to Newtown Zoning Regulations Amendment to permit Auto Body Paint Shops”
SHALL BE DISAPPROVED, as written
Seconded by Mr. English
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved.
A recess was called at 10:30 p.m.
The meeting reconvened at 10:40 p.m.
DISCUSSION AND POSSIBLE ACTION
APPPLICATION BY HUNTER RIDGE LLC FOR A 14 LOT RE-SUBDIVISION, 29.766 ACRES, AS SHOWN UPON A CERTAIN SET OF MAPS ENTITLED “RESUBDIVISION PLAN, LOTS 1, 6, 7 & PARCEL A, ROCHAMBEAU WOODS, PREPARED FOR HUNTER RIDGE LLC, MT. PLEASANT ROAD, U.S. ROUTE 6, NEWTOWN, CONNECTICUT” DATED JANUARY 3, 2005, LAST REVISED 10/1/09, SCALE 1” = 100’ FOR PROPERTY SHOWN ON THE ASSESSOR’S MAP 17, BLOCK 1, LOTS 22, 23, 24 AND 25
Attorney Fuller had prepared a statement which was in the file. He addressed the legal aspects of the matter. This is an unusual situation. The Commission should write their findings and not get involved with what has already been approved.
The Commission addressed the issues to be addressed.
Talus slope: The Commission said that the intervenor has not proven unreasonable effect on public health and welfare.
Preservation of trees: The Commission said that the intervenor has not proven unreasonable effect on the environment. Adding that the applicant agreed to protect as many trees over 12” as possible.
Wetland preservation and protection: The Commission felt there would be no unreasonable effect on the wetlands.
Preservation of Taunton Lake: This was considered the most important matter. The Commission felt there would be no unreasonable impact on the lake.
Ms. Dean wants to look at the 2009 modifications to ensure all the changes discussed are on the plans and made part of the settlement agreement with the court.. She will draft recommendations of the Commission to be sent to the Court.
PUBLIC HEARING (Continued)
APPLICATION BY ATTORNEY ROBERT H. HALL FOR A PROPOSED AMENDMENT TO TOWN OF NEWTOWN ZONING REGULATIONS AT SUBSECTIONS 8.01.612, 8.01.662 AND 8.01.211 AS CONTAINED IN A CERTAIN DOCUMENT ENTITLED “PROPOSED AMENDMENT TO NEWTOWN ZONING REGULATIONS TEMPORARY DIRECTIONAL SIGNS FOR PROJECTS CONTAINING UNITS FOR ELDERY FAMILIES”
This matter was postponed till a future meeting.
COMMUNICATIONS AND CORRESPONDENCE
LAND USE DIRECTOR’S COMMENTS
Mr. Benson had nothing to report.
MINUTES
No action was taken.
ADJOURNMENT
Mr. Mulholland made a motion to adjourn. Seconded by Mr. Bloom. The vote was unanimous.
The meeting adjourned at 11:39 p.m.
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