The Planning and Zoning Commission (P&Z) met over Zoom on December 3 to continue the public hearing for Application 20.09 by Paul Hilario and to have the first public hearing for Application 20.12 by HBN Corp Park.

Hilario Application

Application 20.09 by Paul Hilario is cited on the agenda as a Special Exception and Site Development Plan, for a property located at 135-139 Mount Pleasant Road, so as to permit the construction of buildings to store trucks and equipment and to perform repairs.

Representing the applicant at the start of the discussion was Nick Yuschak, Landscape Architect of CCA, LLC.

He informed the commission that since the last P&Z meeting, a revised site plan had been submitted to show the removal of the emergency access driveway, which was at the request of the commission.

At prior meetings, P&Z members had voiced that the additional driveway would be beneficial, but that the location of it was not compliant with regulations.

Yuschak also showed the commission a drawing of the proposed signage for Hilario’s business that would be located in the front of the property.

Hilario explained the sign in more detail, saying it would consist of two “stone columns” with his company’s logo in between on a double-facing sign. It would be 14 feet tall to abide by the regulations.

The third update brought up for the application pertained to newly submitted photos of a building that Hilario said was similar to what he is proposing to create. He chose the images so the commission and public could get an idea of what he was thinking of creating when the time comes.

“I’m not ready to build that front building yet,” Hilario said, referencing the building that would be closest to Route 6. “The only architectural plans I have is for the center building. That’s the one I’ve been trying to get up.”

While sharing the building images, he explained that the building shown is a little larger than what he is proposing, but it ultimately showcases his plans to have “a nice front entryway with the parking spaces and grass in the front” and “service bays to the back of the building.”

After those three application updates were presented, P&Z member Corinne Cox asked what has been decided for the lighting, as neighbors have concerns. She said she hopes the lights would be facing down.

It was explained that the lights would be downward pointing and on a timer, so people could safely navigate through the parking lot. The lights in the back would be motion detectors to go off if there was any activity.

P&Z member Dennis Bloom asked what the timeline would be for constructing the front building.

Hilario responded, “Honestly, I don’t know. I want to get that center building up, catch my breath… If I had the money right now, I’d be doing both. I just don’t want to get ahead of myself with the current economic climate.”

He added that while he does not have a specific timeline, he would like to get it done as soon as possible and does not anticipate the site plan expiring, then needing an extension in five years to do the project.

Cox inquired where the outside equipment at the gas station will go after he sells it and that “it’s really a mess.”

Hilario said he will have more room to store equipment once the middle building is up, and that it would be utilized for storage.

Piggybacking on Cox’s comments, P&Z member Jim Swift said he had been relying on the front building being built to conceal the back buildings and equipment.

Swift asked if the front building will be the second building constructed after the center one.

While Hilario could not give a yes or no answer, he did say that he will strongly consider it as an option and look into the costs.

As for the property’s landscape buffer, which was discussed in detail at the P&Z’s previous meeting, P&Z Chair Don Mitchell said the Land Use Agency staff had reviewed it and commented that the landscaping plans do not appear to meet the regulations for a landscape buffer between a business zone and residential zone.

Mitchell reiterated what the issue in question was, how the property’s proposed landscape buffer on the Bethel-facing side consisted of a fence, and noted the adjacent residential property would not be developed.

Ultimately the applicant could not maintain an area on another property and therefore could not depend on it as contributing to its landscape buffer.

“The regulations, by their language, require the buffer between the use or the parking area and the property line of the adjacent property, which means the buffer has to be on your property, not theirs,” Mitchell explained.

He added that while the fence is permitted, it is meant to be used “in addition” to a natural planted buffer at the discretion of the commission.

After much discussion, Mitchell said he did not see them resolving the issue of the landscape buffer that night and they would work on it.

“We appreciate any knowledge you can give us, Don,” Hilario said.

Swift voiced that he would like to end the public hearing that night. The commission then investigated the language for roughly half a dozen regulations together to see what applied to the application.

Mitchell explained that since there was ambiguity in the language, it goes “in favor of the applicant.”

Following the discussion, Mitchell went over suggested conditions of approval from Deputy Director of Land Use Rob Sibley’s review of the application. The conditions included the removal of all storage containers on all proposed properties, unless permits are acquired; interior wash bays shall be for fleet vehicles only; outdoor storage of towed vehicles is prohibited for more than 96 hours; and no outside storage of more than three fleet vehicles.

When the public was invited to comment, Denise Grenier said, “It sounds to me that Paul [Hilario] is just trying to make that property better… I feel like I agree with Jim [Swift], it’s kind of time to move forward and approve this thing. It’s been months and months and months that we’ve been coming to these meetings, and I feel like the same questions are being asked over and over again.”

Andrew Gallagher brought up a number of inquiries, including about the driveway and noise restrictions. He said he does not have a problem with Hilario expanding his business, but that he would like to see a reduction in the size of the proposed buildings.

Charles Merrifield said he would like cleaning to be done and cited a pile of millings and pile of mafia blocks on the property. He added that he is in favor of the downward lighting.

The public hearing was closed after roughly two hours of discussion.

After the second public hearing on the night’s agenda, the commission circled back to make a decision about the application.

Mitchell read that the application “is hereby found consistent with the plan of conservation and development and the comprehensive plan, and shall be approved with the following conditions: removal of all storage containers on all proposed properties, unless permits are acquired; interior wash bays shall be for fleet vehicles only; outdoor storage of non-fleet vehicles is prohibited; removal of all unregistered vehicles and non-fleet vehicles on properties before any building permits are issued; removal of all unpermitted lighting and signage on properties before any building permits are issued; no vehicle storage or parking of vehicles outside of designated marked spaces; no site work may occur without building permits issued; no outside parking of more than three fleet vehicles. Be it further resolved that the approval shall become effective December 26, 2020.”

The motion was approved unanimously with P&Z alternate member David Rosen being appointed to vote in place of Cox, as she had been disconnected from the internet during the action discussion before returning to the meeting.

HBN Corp Park Application

The first public hearing on Application 20.12 by HBN Corp Park, LLC, was conducted.

The application is for a text amendment to the Zoning Regulations of the Town of Newtown for a new South Main Village Design District at 153 South Main Street, so as to allow for the conversion of a portion of the existing office space to a restaurant with a patio for outdoor dining, according to the agenda.

Mary Blackburn, landscape architect with Solli Engineering, represented the applicant.

She explained that they are looking to create a Special Development District (SDD) at 153 South Main Street to allow additional uses at the property, specifically restaurants and outdoor dining.

Existing uses, the design standard, and parking would remain the same.

“Part of this proposal is that it’s an existing office building, there are some vacancies within the building, and we feel that proposing a mixed use of office with the restaurant and outdoor dining would bring more vibrancy to this property,” Blackburn said.

While Blackburn did share a site development plan, it was noted that the vote this meeting was just on the text amendment.

Multiple commission members noted they would be in favor of having a restaurant at the location.

The main question debated was whether it fit for SDD or needed to have a zone change.

“I’m inclined against cluttering up the regulations with new accessory regulations, which is what these development districts are, if it could be done in a more uniform way,” Mitchell said.

Sibley explained the property’s history and that it borders other industrial properties.

“It is the smallest zone throughout Newtown and to remove or to change the zone would be to reduce the smallest zone currently throughout Newtown,” Sibley explained.

With that understanding, Mitchell voiced that it is important to preserve industrial zones and that making it a business zone could mean retail in the future.

Mitchell made a motion to amend proposed Appendix B, allowed uses, to add subsection D under “All uses currently allowed in the underlying M-1 zone.”

All were in favor of the modification.

With that done, the application was found to be consistent with the plan of conservation and development and the comprehensive plan and was approved as modified by the commission. It will become effective December 26, 2020. It was unanimously approved.

For more information about upcoming Planning and Zoning Commission meetings, visit newtown-ct.gov/planning-zoning-commission.