The Planning and Zoning Commission (P&Z) met over Zoom on May 20 for a packed agenda of public hearings.

George Benson, director of planning for the Land Use Agency, started off by listing the applications that were being tabled until June 3.

Out of the seven public hearings listed on the evening’s agenda, three were tabled, which included Application 21.13 by Robert Sherwood, for a zone change for a property located at 185 South Main Street and 54 Pecks Lane, so as to change the zone from M-1 to South Main Village Design District #9 (SMVDD9) and Application 21.14, also by Robert Sherwood, for a site development plan, for the property located at 185 South Main Street and 54 Pecks Lane, so as to permit apartments located within the SMVDD. Both were demonstrated on a set of plans titled “Pecks Lane Apartments, Pecks Lane, Newtown CT.”

Also being tabled was Application 21.17 by Kurt Lenahan, for a special exception for a property located at 8 Toddy Hill Road, so as to permit proposed landscape storage bins, regrading for parking area, gravel driveway for site access, stockpile areas of landscaping materials, and a 25 x 100-foot garage.

Berkshire Road Garage

P&Z chair Don Mitchell introduced the first item being discussed, the continued public hearing for Application 21.10 by Melanie and Brian DiStante for a special exception for a property located at 214 Berkshire Road, so as to permit the construction of a 2,880-square-foot hobby/storage garage.

The application previously had a public hearing on May 6, where multiple residents neighboring the property expressed concerns and objections to the project.

Mitchell said to fellow P&Z member Roy Meadows, “Roy, you had some concerns about possible wetlands issues.”

Meadows responded that Land Use Agency Deputy Director of Planning Rob Sibley assured him there was not an issue.

Mitchell agreed, saying that while it was damp, he understood it should not be a wetlands issue.

“I don’t think the wetlands touches where the garage is going to go. That’s my assessment,” Meadows added.

Benson, noting it was reviewed by the Land Use Agency, said, “We already determined it doesn’t require any wetlands permit at this point.”

P&Z member Corinne Cox voiced a different concern about the garage’s height.

“It certainly does not look the best being that high,” she said. “It doesn’t fit with the surrounding area, and I just think it’s way too high if you are not going to have a second story with cars on it.”

Mitchell said he reviewed “a number of properties in the area, and there are some large outbuildings” and concluded that they are not uncommon in that area of town.

However, if this type of garage were proposed to be built at the newly approved Holly Estates subdivision, across the street from the applicant’s property, he said, it “would be out of harmony.”

Mitchell mentioned the concern for the lack of buffering on the applicant’s property, which had been submitted to the record, and Cox said that makes for another reason to decrease the height of the garage.

P&Z member Barbara Manville then brought up her concern about the size of the proposed garage being so large compared to the already built house on the property.

Mitchell replied, “You recall the oversized outbuilding on Toddy Hill [that] within the last couple months we approved and that had similar kind of proportions with the house/residence on the property.”

When Manville inquired what makes this application a special exception, it was noted that the commission passed a regulation where garages over 1,600 square feet were designated as special exception uses.

Moving forward, Meadows said, “I don’t find it being out of character for the neighborhood and… there was plenty of buffering. Yes, you’ll see this from Chestnut Hill Road, but they did set it back in the very back corner of the property.”

Brian and Melanie DiStante were then invited to respond to the multiple comments made by the commission.

“In terms of the height of the building, that’s a standard height. I guess [Morton Building’s] engineering is set up that way. The interior height is only as high as the roof crossover is and there is insulation on top… It’s significantly lower than the peak of the roof,” Brian said.

Benson, Bloom, and Meadows then briefly discussed how the building was a reasonable height.

Brian concluded his comments by saying his proposed design in not uncommon for the area.

When the floor was then open for public comments, Sandy Hook resident Eileen Byrnes spoke first, saying she wanted to clarify that the other outbuildings in the area that were being referenced had been built before the zoning regulations required a special exception for garages larger than 1,600 square feet.

“I think in a way we’re comparing apples and oranges, because that building was put in before there was anything for a special exception,” Byrnes said.

She then asked the commission if they consider the devaluation for surrounding properties if this building is constructed.

After some silence and no answer from the commission, Cox asked Benson if he could comment on that.

“No, we don’t do a direct evaluation on devaluing of the property, but we look at… the harmony of the neighborhood and if it fits in with other area housing. No, we do not do an actual assessment of properties before and after a development,” Benson answered.

Sandy Hook resident Rebecca Rudolph spoke next, noting that the placement of the proposed garage would be clearly visible from her property all year round and that she is opposed to the size of the building.

She also brought up that “while there is a significant amount of barrier that is currently in place,” the majority of that has invasive vines choking the trees. As a result, the trees fall down often in storms.

“I am concerned that over time the amount of barrier is going to continue to decrease as it has been since we first purchased this house, and at some point, there will be little barrier between the proposed garage and the properties on 5 Harvest Common,” Rudolph said.

She added that there are large structures in the area, and continued, “I think it is fair to say the nature of the properties in the area is changing.”

Rudolph then referenced Holly Estates, the plans for which include the possibility for its access road to attach to a new subdivision.

Sandy Hook resident Michael Wilmot said, “We are not in objection to somebody having a barn or a shed on their property; we are in objection to the massive size of the barn in comparison to the house — that’s the major concern. It’s 40% larger than the house, which, in my opinion, the drawing doesn’t reflect that.”

Cox asked the DiStantes if they planned to renovate the house, and Brian said they plan to put an addition on.

The public hearing was then closed.

“Harmony with the area is the primary concern. I think it’s why we adopted this regulation in the first place,” Mitchell said. He felt that the proposal is not out of the ordinary for what he has seen of the area.

Mitchell spoke about possibly making a condition for what color the metal garage could be, which Cox liked, but Meadows and Bloom did not feel it was needed. P&Z alternate member David Rosen asked if a condition could be made to add plantings, such as evergreens, for buffering.

“I am sympathetic to what they have to say,” he said regarding the neighbors’ concerns.

Mitchell said that he agreed, and they can put a condition requiring buffering.

A motion was made to approve the application, conditionally upon “The applicant installing a planted [buffer] limited to at least one row in the regulatory definition along the southeast and south sides of the building.”

The motion passed unanimously and will be effective June 12.

Commerce Road Building

The P&Z moved on to Application 21.12 by John Vollmer, River Park Properties, for a site development plan for a property located at 21 Commerce Road, so as to permit the construction of a building with a 10,000-square-foot garage/storage space and a 2,500-square-foot office space.

Natural Lawn of America and Tick Ranger currently operate out of a 4,200-square-foot building.

Jason Edwards, of J. Edwards and Associates, represented the applicant.

He said that the businesses have grown over the years, so the addition would help expand operations.

The 10,000-square-foot steel masonry building will have garage bays from the front and a mezzanine level with office space.

Mitchell said the view from Interstate 84 in the area is mostly lined with greenery and asked what the building’s elevation would be, since the property neighbors the road.

Edwards answered, “We will essentially be right at grade with the top of the building.”

Mitchell then added, “You still have plenty of natural buffer there.”

Edwards calculated the distance from the property line to the interstate to be about 110 feet.

Cox inquired why so many parking spaces were included, to which Edwards said the minimum requirement is 50 and they have 55. He added that Natural Lawn of America and Tick Ranger’s work vehicles and employee vehicles would be using most of the spaces.

With no members of the public wishing to comment, the public hearing was closed.

The motion to approve the application passed unanimously and will be effective June 12.

Country Camper

A single public hearing was conducted for Country Camper of CT LLC’s two applications: Application 21.15 for a zone change for a property located at 201 South Main Street, so as to change the zone from M-1 to South Main Village Design District #10 (SMVDD10) and for Application 21.16 for a special exception at the same property, so as to permit uses listed on a document titled “Special Development District #10 (SDD10).”

After much discussion, it became clear that not only were the zone change and a special exception needed, but a text amendment as well, on which the commission could not take action that evening.

Mitchell proposed they close the public hearing, have the applicant submit a legal notice regarding the text amendment, and have the public hearing for the text amendment at the next P&Z meeting on June 3.

Doing so would allow for the text amendment to get approval, which would create the SDD10; then the applications for a zone change and special exception would be eligible for approval.

The public hearing for both Country Camper applications was then closed for the evening.

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

Alissa Silber can be contacted at alissa@thebee.com.