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09-05-13
  MINUTES
Newtown Planning and Zoning Commission

SUBJECT TO APPROVAL

Land Use Office                                                                              Regular Meeting
Council Chamber                                                              September 5. 2013  
Primrose Street, Newtown, Connecticut           

Present: Ms. Dean, Mr. Mulholland, Mr. Porco and Mr. Swift.  Alternates: Mr. Corigliano was seated for Ms. Brymer, Mr. Pozek and Mr. Spragg.  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, Municipal Building, 3 Primrose Street, Newtown, Connecticut

PUBLIC HEARING

Application by BVTF LLC to amend a special exception to construct two commercial buildings with associated driveway and parking, 4 Southbrook Lane and 84 South Main Street, Newtown, Connecticut, as shown on a certain set of plans entitled “Site Plan Two Commercial Buildings Located at: 84 South Main Street, Newtown, Connecticut prepared for Beneath the Vines & Fig Tree, LLC” February 16, 2012, revised July 3, 2013.  Assessor’s Map 30, Block 10, Lot 44

Ms. Dean read the call for the hearing and the correspondence in the file.  The Town Sanitarian, Rob Sibley and the Town Engineer had several questions which had to be addressed. She asked to hear from the applicant.

John Mack, P.E. Stuart Somers Co., Southbury, Connecticut went through the details of the application, describing the surrounding property.  The driveway to the existing building will be used for the proposed building.  Both buildings will use one septic system.  The property will be serviced by public water.  As required, a new hydrant will be installed. The Town Engineer’s and Rob Sibley’s questions were addressed and relevant changes appear on revised maps dated August 28, 2013.  The parking meets requirements.  The Health Department needs special write-off by the State.  Answering Mr. Mulholland’s question, the pile of topsoil on the property will be spread around and sewn.

Ms. Dean asked to hear from the public.

Dr. and Mrs. Neil Chaudry, 1 Southbrook Lane, Newtown, Connecticut read a statement in opposition to the application.  He distributed copies of his statement, photos and a petition signed by 29 neighbors whose homes were within 500 ft. of the development.  He expressed concern about devaluation of properties on the cul de sac.  He felt that only a home should be built on the property.

Dennis Bloom, 25 Philo Curtis Road, Newtown, Connecticut, was a member of the P&Z Commission when the zone change was approved, changing a parcel from residential to commercial.  He was opposed to the change at the time.  He agreed with Dr. Chaudry’s comments.

Mary Moorehouse, 21 Bonnie Brae Drive, Newtown, Connecticut said that when the subdivision was approved there were supposed to be five houses.  She asked how this could be changed from residential to commercial.  She felt it would be awful for the neighborhood.

Tomas Parsons, 21 Bonnie Brae Drive, Newtown, Connecticut said he does not want to look at an office building from his house.

Mark Lapke, 15 Bonnie Brae Drive, Newtown, Connecticut said that his property is directly behind this proposed building.  He felt the property values would go down.

Marlene Bucchi, 13 Bonnie Brae Drive, Newtown, Connecticut would also be affected by the proposal.  She stated that Mr. Wiggins built two buildings, one of which appears to be empty.  Why develop any further into a residential area.  She agreed with Dr. Chaudry.

Andy Wiggins, 11 Farm Meadow Road, Newtown, Connecticut, owner of the property said that three buildings currently on South Main Street have been rented for almost two years.  He turned a dilapidated 1830 home into a beautiful building and refurbished an old barn.  There would be 180 feet of woods between the buildings and the homes.  The buildings would resemble a residence, with siding and windows.  He would be willing to add more trees where requested.

Charles Spath, Stuart Somers Co., Southbury, Connecticut said that they have been working on the project for a few years.  He explained how they came up with the current plans.  There will be no access onto Southbrook Lane.  They would be using the same access on South Main Street as the existing building.  

The Commission looked at the architectural drawings and asked about buffers.  It was suggested that the applicant stake the location of the buildings so the Commission can walk the property before taking any action on this matter.  Mr. Spath had no problem taking care of the staking and any suggested screening.

Lorraine Larsons, 21 Bonnie Brae Drive, Newtown, Connecticut noted that her home is uphill and no amount of trees will help.

Mr. Bloom asked about emergency vehicles’ access to the area.

Ms. Dean noted that the appropriate CT General Statute for this is 8-2M not 8-2J as stated by Dr. Chaudry.  This comes under the Special Design District.  Due to the amount of opposition to the project the Commission has to take everything into consideration.  The Commission will discuss this further at the meeting of October 3, 2013 after they have walked the property.

A recess was called at 9:00 p.m.

The meeting reconvened at 9:05 p.m.

PUBLIC HEARING (Continued)

Application by the Town of Newtown Planning and Zoning Commission for update to the Town of Newtown Plan of Conservation and Development

Ms. Dean noted that everything was sent to HVCEO, the First Selectman and Legislative Council minus Section 6.  Ann Mazur is making copies of this Section which will be forwarded.  Each Commissioner was given a Section to proofread: looking for errors and make a list of anything that is referenced.

COMMUNICATIONS AND CORRESPONDENCE

Approval of Minutes

Mr. Pozek made a motion to accept the Minutes of August 15, 2013 as submitted.  Seconded by Mr. Spragg.  The motion was unanimously approved.   

Land Use Agency Director’s Comments

Mr. Benson had nothing to report.

ADJOURNMENT

Mr. Pozek made a motion to adjourn.  Seconded by Mr.Corigliano.  The motion was unanimously approved.

The meeting adjourned at 9:30 p.m.