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03-09-11BZC
Borough of Newtown
Zoning Commission
Newtown, Connecticut

THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOROUGH OF NEWTOWN ZONING COMMISSION
Minutes of Meeting of March 9, 2011

Minutes of the Meeting of the Borough of Newtown Zoning Commission on Wednesday, March 9, 2011 at the Borough Office, Edmond Town Hall, 45 Main Street, Newtown, Connecticut.   Chairman Linda Shepard called the meeting to order at 7:15 p.m.

Commission Members Present: Douglas Nelson, David Francis, Linda Shepard and Palmer Chiappetta.
Commission Members Absent:  Brid Craddock and Lucy Sullivan.  
Staff Present:  Jean St. Jean, Borough Zoning Enforcement Officer, Donald Mitchell, Borough Attorney, and Maureen Crick Owen, Clerk.

The minutes from the February 7, 2011 meeting were tabled until the April meeting.

The owner of the Burgaritaville property was present to discuss his request for a clairification from the Commission regarding expansion of 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.  He asked if this would trigger site plan, special exception and village district applications.  The Commission discussed this and stated that this was going to be addressed in their proposed revisions to the regulations.

Discussion took place regarding the Chamber of Commerce’s request to have a 22” x 33” sign outside the side entrance at the Edmond Town Hall.  After discussion, the Commission agreed that the only sign allowed pursuant to the zoning regulations was the sign in front of the building.  The Commission denied the Chamber of Commerce’s request for a sign on the side of the building.

There were no new applications.

Discussion took place regarding proposed revisions to the zoning regulations.  After discussion, Mr. Francis made a motion to revise the following sections of the Borough zoning regulations:

Delete Section 2.16D in its entirety and in its place insert:

“D.  “SCHOOL” shall mean any boarding, day or night school or college, including one conducted by the Town or State, in which full time academic instruction is offered for one or more grades.”

Delete 4.05 Residential Zones in its entirety and in its place insert:
        “4.05   RESIDENTIAL ZONES
        No land, building or other structure shall be used and no building or other structure shall be erected, altered or added to which is arranged, designed, intended to be, or is capable of being used except for one of the following principal uses, provided the Site Development Plan approval has been granted in accordance with Article 10 hereof, if so required.

  • One-family dwelling, one per lot.
  • Farming, including dairying, horse raising, sheep raising and poultry raising, but excluding operating a kennel or the raising of fur-bearing animals.
  • Ancillary uses to other zones provided that a) no structure is visible from any adjacent residential property; b) the residential area in question has no frontage on any street; c) the landscaping meets the requirements of 7.09.”
Delete 4.06 Special Exceptions in its entirety and in its place insert:

        “4.06   SPECIAL EXCEPTIONS

        The following uses are permitted as principal uses subject to the granting of a special exception by the Commission in accordance with the standards, criteria, conditions and procedure which are set forth in 8.04 hereof:

        A.      Places of religious worship.

        B.      Schools and nursery schools.

        C.      Public utilities (such as substations) having no material or motor vehicle service or storage yards and which primarily serve residents of the Town.

        D.      Hospitals (Non-Profit).

        E.      Public utility water tanks and pump stations and sewage treatment plants.

        F.      Public works garages and public storage areas operated by or on behalf of the Town.

        G.      Cemeteries owned by the town, by a church, or a cemetery association located in Town.

        H.      Parks and playgrounds operated by the Town.

        I.      Horticulture and wildlife reservations not operated for profit.

        J.      Governmental buildings and uses, public libraries, public museums, but not including dumps, incinerators and other garbage disposal areas, municipal garages, public works storage yards or commercial-type recreation facilities.

The minimum lot area for such uses shall be computed as (1) 4 times the gross floor area of all buildings of the lot; (2) 2 times the area of the lot devoted to the proposed use, including without limitation, the gross floor area of all buildings and the area of all other structures, parking areas, loading areas and driveways; or (3) the minimum lot area of the highest acre zone in which any part of the lot lies, whichever is greater.”

Delete 4.10A in its entirety and in its place insert:

        “A.     Any existing filling station may be used as a combination filling station and convenience store provided:
1.      Adequate parking is provided for the store in accordance with Article 7 hereof in addition to parking provided for the filling station.
2.      Groceries, hot and cold sandwiches, salads and other prepared edible food products are sold for use or consumption only off the premises; no space is provided on the premises or in the building for tables, counters or other facilities designed to be used for eating and no food may be cooked; however, a microwave oven and warming ovens, appliances and other devices may be used for the preparation of sandwiches and heating prepared foods.
3.      No door providing public access to the convenience store shall enter upon a yard in which gas pumps are located unless the distance between the wall containing said door and the edge of the gas pump island facing said wall is not less than 20 feet at the nearest point.
4.      No person operating the gas pumps or otherwise servicing motor vehicles in the filling station area of the premises shall sell or dispense any food products in the convenience store portion of the premises, provided, however, nothing shall prohibit a cashier from acting as the filling station cashier, as well as the convenience store cashier.”

Delete the Table of Specific Requirements for Buildings and Plots in Article 5  in its entirety and in its place insert:

         “TABLE OF SPECIFIC REQUIREMENTS FOR BUILDINGS AND PLOTS
                Farm&  
                Resid   Prof.   Bus.    Ind.                                               
        
Minimum lot area in acres       1       1       .5      2                       Minimum lot width at street line:       150     150     150     250
Minimum set back (front yard)
 a.  From the street line      50                      150         
  b.  From the center line of street    75                      N/A
  c.  The average set back of exist-    --------------------------N/A-----------------------------
      ing structures on the same side
      of the street within 150 feet of
      the side lines of the lot in  
       question. (The greater of a) or
      b) for Farming and Residential;
       greater of a) or b) or  c) for Industrial
Minimum side and rear yards     25      25      25      50
Minimum side and rear yards adjacent  -----------------------------N/A----------------- 50
  to limited access highways
Minimum Square (see definition 2.13.B)  135     -----------------------------N/A--------
Minimum usable gross floor area,
single story dwelling   800     1,500   ---------N/A---------
Minimum gross floor area,
multi-story dwelling    1,200   2,250   ---------N/A---------
Maximum structural coverage in
Percentage of lot area:
a. Buildings alone      (See 4.06)      25%     35%     25%
b. Buildings, storage, loading
   and parking area together           0       60%     70%     60%
Bulk in cubic feet of all buildings,
structures and materials stored
outdoors shall not exceed the square
footage of lot area times the
following number                -------------------------N/A-----------------------     6
Planted buffer (Rows)           N/A     2       4       4”

The motion was seconded by Mr. Nelson and approved unanimously.  Voting members were:  Linda Shepard, Douglas Nelson and David Francis.  [Note:  Mr. Chiappetta left prior to the motion being made.]

The proposed changes will be sent to Newtown Planning and Zoning Commission for their review and written comments.

There being no other business to transact the meeting was adjourned at 9:45 p.m.  The next regular meeting is scheduled for April 13, 2011.

                                                Respectfully submitted,


                                                
                                                David Francis, Secretary