MINUTES
Newtown Planning and Zoning Commission
SUBJECT TO APPROVAL
Land Use Office Regular Meeting
Council Chamber October 3. 2013
Primrose Street, Newtown, Connecticut
Present: Ms. Dean, Mr. Mulholland, Ms. Brymer, Mr. Porco and Mr. Swift. Alternates: Mr. Pozek, Mr. Spragg and Mr. Corigliano. Also present: George Benson, Land Use Director. Clerk: Ms. Wilkin
The meeting was opened at 7.37 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 (Continued)
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
Charles Spath and John Mack, Stuart Somers Engineering Company, Southbury, Connecticut submitted revised maps dated September 26, 2013 reflecting changes discussed at the last meeting. Some members of the Commission had walked the property to get a better idea of the proposal. Mr. Spath explained the changes in a report that can be found in the file.
Judy Fishman, owner of the property with Andy Wiggins wanted to reassure the neighbors that she understood their concerns and likewise wanted privacy from them.
Also addressed were the retention basin, signs and lighting. There is sufficient room to increase the parking should the use require it.
Dr. Neil Chaudry, 1 Southbrook Lane, Newtown, Connecticut speaking as a neighbor appreciated the Commission’s diligence in this matter. He asked for specific spruce and pines for an adequate buffer.
Mr. Spath assured him that they would plant whatever trees will do the job.
The hearing was closed at 8:26 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by BVFT 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” dated February 16, 2012, revised 7/3/13 and 9/26/13
SHALL BE APPROVED with the following stipulations:
- That the 10 foot tree buffer as described in the original approved for SDD2 be required. That this buffer be visually impenetrable.
- That the currently proposed location of the dumpster be moved to make it farther away from Southbrook Lane and that the buffer be planted along all parking places.
- That the newly created lot on Southbrook Lane be zoned R-1
- That the 20 square foot sign size be retained
- That the residential apartments over commercial should be in compliance with regulation 6.03.300(4)
- That the existing conservation easement will be extended in a 10 foot width along Southbrook Lane to the revised southerly property line as shown on the map.
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 zone.
BE IT FURTHER RESOLVED that the application is consistent with the implementation of the recommendations of the town of Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that the zone change shall become effective on October 14, 2013.
Seconded by Mr. Mulholland
Because Ms. Brymer was not at the previous meeting and had not listened to the tapes, Mr. Corigliano voted in her place.
The Commission considered this a good proposal. Mr. Brymer briefly explained to the newer members of the Commission the history of how the overlay districts came about. People who live on South Main Street asked for a zoning change. Ms. Dean added that the Commission had spent a lot of time on these regulations in response to a community need.
Vote: Ms. Dean Yes
Mr. Mulholland Yes
Mr. Porco Yes
Mr. Swift Yes
Mr. Corigliano Yes
Motion approved.
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
Most of the proofed sections were submitted. Ms. Dean advised that all references had been found and are obtainable on line. Should there be any substantial changes it was suggested they be put in as an addendum.
COMMUNICATIONS AND CORRESPONDENCE
Approval of Minutes
Mr. Pozek made a motion to accept the Minutes of September 19 as submitted. Seconded by Mr. Corigliano. 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 Pozek. The motion was unanimously approved.
The meeting adjourned at 8:45 p.m.
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