NOTE (10:10 am): This article has been updated to indicate that the Mobil station's drive-through window applications were unanimously not approved. The original version of this story had the result of those votes incorrect.

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The Newtown Planning and Zoning Commission (P&Z) had five public hearings for applications on November 4.

P&Z Chair Don Mitchell led the discussion of the first two joint items:

*Application 21.24 by Teton Capital Company, LLC for 0, 6, and 8 Commerce Road, for a Text Amendment to the Zoning Regulations of the Town of Newtown — for a new Zoning District Active Adult Housing Conservation Design District (AAHCDD), so as to permit the development of 170+/- units of housing; and

*Application 21.25 for the same applicant and property to change the Zone from M-5 to Active Adult Housing Conservation Design District (AAHCDD).

Attorney Peter Olson, who represented the applicants, started by saying, “Teton Capital is the contract purchaser of the property that is before you tonight. It is approximately 42 acres of land located near Commerce Road. There are three parcels that make up of these 42 acres. And we refer to them as 6 Commerce Road and 8 Commerce Road and the parcel behind it, which has no number, we refer to as 0 Commerce Road. The owner of the land is currently the Town of Newtown.”

The plan is to develop 14 of those acres for 170 units for active adult housing. Teton Capital is planning to have the maximum number of units it can have per acre.

“The balance of the land is to be retained by the town and will be set aside as open space,” Olson said.

To proceed, he explained that they need to propose a new zone to allow housing on the land and take it out of the industrial district.

“Once that is done and you set an effective date for those changes we will develop our site plans,” Olson said before turning the presentation over to Bill Donahue of Teton Capital, who gave a history and future of the project.

Donahue went over the boundary lines, wetlands, and how the property abuts The Catherine Violet Hubbard Animal Sanctuary (CVHAS) off Old Farm Road. Olson said they do not plan to build close to the active rail line on the west side of the property.

Mitchell informed the commission that there were previous proposals for multiple industrial buildings on the site.

“I hate to lose industrial land, but this is a very difficult spot to put industrial in. Just an observation,” he noted.

The commission members discussed how this option for the land may be a good fit being next to CVHAS.

Rob Sibley, deputy pirector of planning for the Land Use Agency, said there were three letters sent to the commission in support of the application. They were from First Selectman Dan Rosenthal, Economic Development Commission Chair Wes Thompson, and Land Use Agency Director of Planning George Benson, all endorsing the proposal.

There was public input that brought up worries regarding residential living in an industrial zone, as well as the traffic impact on an already congested Church Hill Road.

A concern about fire safety was also mentioned due to the housing units only having one designated driveway in and out of the property.

Donahue responded, “We reviewed the concept plan and I showed [it] previously to the fire marshal and he in turn showed it to the fire chief of Hook & Ladder on Church Hill Road, which is the nearest station that would be called in the event of a fire.”

He added that there was not an issue with the building being four stories pertaining to fire safety.

P&Z found the two applications consistent with the plan of conservation and development and the comprehensive plan, and unanimously voted to pass them. The applications will become effective November 27.

Subdivision Waivers

A public hearing was then conducted for Application 21.26 by Santo Silvestro for a Subdivision located at 18 Platts Hill Road, a residential property that has an airstrip for planes to land.

Mitchell explained, “Right now, there is no site improvement application. The question here is whether it is feasible to put up the kinds of uses on these lots that it would allow. It doesn’t say this is where the building is going to be, or this is where the septic will be … we are just approving if it is a legal use of the lot.”

Two waivers were being requested pertaining to creating an accessway on the proposed subdivided lot.

In response to an inquiry from Mitchell concerning whether they have that authority, Sibley responded they do.

It was brought up that more information will be coming in. The commission decided to continue the public hearing at its next meeting, scheduled for November 18.

Drive-Through Window

Lastly, P&Z revisited two applications pertaining to a drive-through window at the Mobil gas station and convenience store at 62-64 Church Hill Road.

They are Application 21.22 by Sundaram, LLC, for a Special Exception, so as to permit a drive-through window and Application 21.27 by Sundaram, LLC for 62-64 Church Hill Road, for three Text Amendments to the Zoning Regulations.

The previous public hearings for the applications resulted in a denial from the commission. After some adjustments the commission was presented updated applications.

Attorney Robert Hall represented the applicant. Hall explained that the previous text amendment's wording left an opening to the possibility of convenience store products, such as beer, to be purchased through the drive-through window, which was not the intention.

He noted that in hindsight the text amendment “was properly rejected” and that he understood why the commission did so. The drive-through window would only sell Dunkin' Donuts products.

Hall said Jaydev Patel, owner of Sundaram LLC, is in the process of replacing his fuel tanks.

"A lot of progress is being made. It would be nice if we could combine the underground tank replacement with working on the wall,” Hall said.

After some discussion, P&Z unanimously disapproved the two applications.

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Reporter Alissa Silber can be reached at alissa@thebee.com.