The Planning and Zoning Commission (P&Z) met via teleconference on the evening of September 3 to discuss a variety of applications, including Application 20.03 submitted by James F. Walsh for his property at 32 Berkshire Road. Residents may recognize the site as having been previously used for a mulch business.

The application was brought forth for a special exception to have approval for the development of a 14,000-square-foot commercial building with retail use and a restaurant titled “Coach’s Corner” on its set of plans. It is anticipated to have 88 parking spaces as well as a right-in, right-out driveway on Route 34 and a full access driveway on Toddy Hill Road.

The application was previously discussed in-depth during P&Z’s meeting on August 20, where Kevin Solli of Solli Engineering spoke on behalf of Walsh.

The commission decided then to continue the public hearing since the application had not yet been approved by the Inland Wetlands Commission. At the time, though, it did have approval for a zone change and the Zoning Board of Appeals granted a variance for parking.

The project is expected to begin following the Department of Transportation (DOT)’s Spring 2021 work in the area, which includes widening Route 34 and Wasserman Road and adding lanes. The updates are being done adjacent to the property and the changes are anticipated to positively impact the traffic flow.

Presenting on behalf of Walsh during the September 3 P&Z meeting were Larry LePere and Matt Baldino of Solli Engineering.

LePere informed the commission that Walsh’s application had now been granted approval by the Inland Wetlands Commission.

One of the main points of discussion for the application pertained to the projected sightline and safety concerns when turning left out of Toddy Hill Road. Sightlines for turning left were not provided during the meeting but are expected to be improved with DOT’s work in the area.

Solli, who also joined the recent meeting, said that when turning left, people will be able to see all the way to the light and that as a professional engineer, he says there is an adequate sightline.

P&Z member James Swift said he would not vote in favor of approving the application until he could see the sightline. He would also like input from the town engineer or another traffic expert.

Swift added that he is concerned about the risk involved if the DOT project could be delayed or not completed, which the applicant’s plans depend on.

P&Z Chair Don Mitchell proposed the idea of putting a condition that the application would be approved if substantial completion of the DOT improvements occur. If improvements are going as planned, a zoning officer could sign off on the beginning of construction, but that there would need to be substantial completion for the Certificate of Occupancy to be signed.

When Swift brought up the possibility that the building could be constructed, but left empty and unoccupied if the DOT did not execute their project, Mitchell said it could happen.

While P&Z member Corinne Cox asked that the hearing be continued, LePere asked it be closed tonight.

Additional information that the commission would like included with the application is a sightline from the left exit onto Toddy Hill Road and the average speed of motorists.

At the end of the discussion, Mitchell declared that the application is “found consistent with the plan of conservation and development and the comprehensive plan, and shall be approved with the following conditions:

“That the highway and intersection improvements described as Connecticut Department of Transportation Project 96-204, also known as ‘Intersection improvements Route 34 at SR 490 and Toddy Hill Road and SR 490 at I-84 Intersection,’ which improvements are more fully described and depicted in certain Connecticut Department of Transportation documents ‘Drawing No. SPM-02, Sheet No. 01.04.10’; ‘Drawing No. SPM-03, Sheet No. 01.04.11’; ‘Drawing No. HWY-02, Sheet No. 01.02.074’; and ‘Drawing No. HWY-03, Sheet No. 01.02.075’ as on file with the Newtown Land Use Agency, as these plans exist on the date of this Special Exception approval (9/3/20), are substantially completed.”

P&Z members Mitchell, Cox, Barbara Manville, and Dennis Bloom voted in favor of approving the application, with Swift opposed.

Town Text Amendments

Toward the end of the meeting, P&Z unanimously approved Application 20.07 by the Town of Newtown for text amendments of the town’s zoning regulations regarding §1.02: amend the definition of Community Residence; §3.02.472: add density calculation for assisted living housing; and §7.03: amend the height limit for industrial structures.

Application 20.07 also included §8.16, regarding telecommunications and updating the language to incorporate 5G equipment that is being installed in Connecticut. That specific section of the Text Amendments was approved at the commission’s August 20 meeting.

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