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07-14-10 BZC
Borough of Newtown
Zoning Commission
Newtown, Connecticut

Minutes of the Meeting of July 14, 2010   

Minutes of the Meeting of the Borough of Newtown Zoning Commission on Wednesday, July 14, 2010 at the Borough Room, Town Hall South, 3 Main Street, Newtown, Connecticut.  Chairman Linda Shepard called the meeting to order at 7:25 p.m.

Present:        Linda Shepard, Douglas Nelson, David Francis, Brid Craddock, Lucy Sullivan.  Also Present:  Zoning Enforcement Officer Jean St. Jean and Borough Attorney Donald Mitchell.

Absent: Palmer Chiappetta.

Public Hearing:
Application of Dr. Curtis Beck to revise Sections 4.10D, Article 5 Table, 7.09.A.3, 7.09.B and 7.09.C to allow the Commission more discretion regarding landscape buffers between residential and non-residential zones.  

Chairman Shepard opened the hearing at 7:20 p.m. and read the legal notice.  She also read  into the record the Memorandum dated June 18, 2010 from Lilla J. Dean, Chairman of Newtown Planning and Zoning Commission which stated that they reviewed the application and voted to recommend the approval of the proposed amendments.

Attorney Ken Slater of Halloran and Sage was present to represent the applicant, Dr. Beck.  Dr. Beck was also present.  Attorney Slater discussed the proposed changes and said these changes would afford the Commission more discretion regarding landscape buffers between residential and non-residential zones.  In order to account for difficult site conditions or other site specific factors, the proposed amendments would allow the Commission to authorize an appropriate buffer that incorporates alternative design features that include the use of fences or masonry walls as well as natural growth in plantings and instances that the Commission deems appropriate.  Attorney Slater said that these proposed changes would give discretion to the Commission.  Attorney Slater said that he hoped the Commission would find these changes in the best interest of the Borough.  

Dr. Beck said that these changes would give the Commission more discretion on each individual property for both side and rear lines on properties and decisions would be on a case by case basis.  

Chairman Shepard asked if there was any one to speak in favor or against the application.  There was no one.  She closed the public hearing at 7:35 p.m.

Meeting:
Signs:  Excel Tutoring - Pauline Chrisci-Goncalves was present to submit and present the sign application for Excel Tutoring located on Church Hill Road.  She was requesting a sign for the front of the building and on the side of the building.  The Commission approved the sign for the front of the building but not the sign for the side of the building because it is not allowed under the zoning regulations.

Edmond Town Hall:  Jim Juliano, Chairman of the Board of Managers, and Karen Pierce were present.  Discussion took place on what were the allowed uses in the Edmond Town Hall.  Mr. Juliano said that ETH had been approached by the US Postal Workers Union to rent a room which would be used in the evening for office purposes.  He said that ETH has rented to unions over the years for meetings and they counted on these rentals as part of the revenue for the ETH.  Mrs. St. Jean said that under the deed restriction of Mary Hawley and the building can be used for anything allowed in a residential zone.  The building is not a business building.  It is located in a residential zone.  Attorney Mitchell said that the zoning regulations say no use allowed in the Borough unless it is permitted in the Borough zoning regulations.  He also said that the Town and Borough Plan of Development state that Main Street is to remain residential.  Mrs. St. Jean stated that any one that expresses an interest in renting space at the ETH should call her for zoning compliance.  Mr. Juliano stated that if there were no communications in the past there will be now.

Discussion took place about the sign in the front of the ETH.  The movie sign is pre-existing.  Discussion took place about amending the zoning regulations for signs for governmental buildings.

Signs:  Wachovia submitted an application because they are changing the signs to Wells Fargo.  Mr. Nelson is going to review the application and report to the Commission at the next meeting.

Application of Dr. Beck:  Mr. Francis made a motion to approve the application of Dr. Curtis Beck to revise 7.09.A.3, 7.09.B and 7.09.C to allow the Commission more discretion regarding landscape buffers between residential and non-residential zones as presented with an effective date of July 26, 2010.  The motion was seconded by Ms. Craddock and unanimously approved.

Ms. Craddock made a motion to approve the minutes of the June 9, 2010 meeting, seconded by Mr. Francis and unanimously approved.  

Discussion took place about:
        a.      the proposed new firehouse;
        b .     the DPUC/United Water Company/Greenridge issue.

There were no new applications.

There being no other business to transact the meeting was adjourned at 9:35 p.m.  The next meeting is scheduled for August 11, 2010.

                                                Respectfully submitted,


                                                                
                                                David Francis, Secretary