Borough of Newtown
Zoning Commission
Newtown, Connecticut
THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOROUGH OF NEWTOWN ZONING COMMISSION
Minutes of Special Meeting of January 24, 2011
Minutes of the Special Meeting of the Borough of Newtown Zoning Commission on Monday, January 24, 2011 at the Old Courtroom, Edmond Town Hall, 45 Main Street, Newtown, Connecticut. Chairman Linda Shepard called the meeting to order at 7:20 p.m.
Commission Members Present: Linda Shepard, Douglas Nelson, David Francis, Brid Craddock, Lucy Sullivan and Palmer Chiappetta.
Commission Members Absent: None.
Staff Present: Donald Mitchell, Borough Attorney and Maureen Crick Owen, Clerk.
Staff Absent: Jean St. Jean, Borough Zoning Enforcement Officer.
Public Present: Members of the Newtown Hook and Ladder Fire Department, Press, Representative of the R. Scudder Smith Family Partnership, Members of the Board of Fire Commissioners, members of the public. Note: This was a special meeting and not a public hearing so there was no public participation.
Mrs. Sullivan made a motion to accept the minutes of the November 16, 2010 and December 13, 2010, seconded by Mr. Nelson and unanimously approved.
Alan Shepard, P.E., on behalf of his client, Burgaritaville, was present to follow up with the Commission of his original discussion on December 13, 2010. He asked for clarification from the Commission if his client was to expand the smaller building (which currently is vacant) by approximately 400 square feet so that the total square feet of the building would be about 900 square feet would it trigger site plan, special exception and village district application. The Commission said they did not have a consensus on this and would discuss at their next meeting.
At this point, Chairman Shepard turned the meeting over to Vice Chairman Nelson.
Discussion took place regarding the application of Newtown Hook and Ladder Company, No. 1, Incorporated for site development plan approval for construction of a two and one-half story fire station building on property located at 4 Sugar Street and 12 Sugar Street, Newtown, CT. Attorney Mitchell discussed special exception and site plan applications in general. He said that special exception applications allow discretion wherein site plans do not. But he said that the Borough Zoning Commission is bound to do what is stated in Article 1 of their regulations which includes lessen congestion in the streets, promote health and general welfare, to provide adequate light and air, to conserve the value of the buildings, and other protections and benefits. Page 2 of 2
Vice Chairman stated that Mrs. Shepard and Mr. Chiappetta were not sitting on this application.
Attorney Mitchell said that if this application was reviewed using special exception findings the conditions stated in Section 8.04 1-9 would have to be considered. Ms. Craddock read subsections 1 through 9.
Attorney Mitchell discussed court cases wherein applications were submitted as site plan applications but evaluated as special exception applications.
Discussion also took place regarding the Borough Zoning Board of Appeals decision in August 2009.
Discussion took place regarding the alternate parking plan submitted by the applicant. The regulations include parking spaces as part of the structure but not the driveway. The alternate parking plan would have 3 less parking spaces (bringing total parking spaces to 14) because those 3 parking spaces are located in the buffer. Discussion also took place regarding the regulations and what is required for places of assembly without fixed seats (reference is to 2nd floor of proposed building). Reference was made to Section 7.06 regarding alternate parking. It was agreed that this does not apply because no offer from a landowner within
500’ of the subject property offered shared parking. It was said that parking is an issue and that it is a tight site.
Vice Chairman Nelson said that studies and opinions were presented regarding traffic within the site. He also said that there was a lot of discussion regarding the retaining wall. He said the certified engineer said the retaining wall was adequate.
Attorney Mitchell said that each Commission member has personal knowledge of the site and general knowledge of the conditions of the area.
Vice Chairman stated that the property will be serviced by Town sewer so that is not a health issue.
Discussion ensued with regard to each finding in the special exception and site plan findings form.
It was reiterated about keeping the intent and spirit of the Borough as stated in Article 1 of the zoning regulations with regards to the application.
There being no other business to transact the meeting was adjourned at 9:45 p.m. The next regular meeting scheduled for February 9, 2011 will be cancelled and a special meeting will be scheduled.
Respectfully submitted,
David Francis, Secretary
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