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8/17/06
MINUTES
Newtown Planning and Zoning Commission
        
Land Use Office                                                 Regular Meeting
31 Pecks Lane, Newtown, CT                                      
August 17, 2006

Present:        Mr. O’Neil, Chairman
Mr. Poulin, Secretary Pro Tem
                Ms Brymer
Alternates:     Mr. Mulholland sat for Mr. Wilson
                Mr. Bloom sat for Ms. Dean
Clerk:          Ms. Wilkin
Also present:   Elizabeth Stocker, Director of Community Development

The meeting was opened at 7:35 p.m.  Notice is made that the entire meeting was taped and can be heard in the Planning and Zoning Office, 31 Pecks Lane, Newtown, Connecticut

CORRESPONDENCE/COMMUNICATIONS

The Commission discussed the issue of basement egress for owners of elderly housing units.  State regulations require two means of egress.  Dan Walton, Toll Bros, 55 Church Hill Road, Newtown, Connecticut explained “daylight basements”.  The Commission preferred daylight doors over Bilco doors for aesthetic and safety reasons.

PUBLIC HEARING (Continued)

APPLICATION BY STOCK BUILDING SUPPLY, INC. FOR A SPECIAL EXCEPTION TO MODIFY AN EXISTING BUILDING AND SITE TO BE USED AS A LUMBER YARD, 2 & 6 TURNBERRY LANE, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #45, BLOCK #3, LOTS #29 AND #31

Bill Carboni, P.E., Spath Bjorklund, 593 Main Street, Monroe, Connecticut clarified the issues raised at the last meeting.  He submitted a chart of paint samples and the color will be discussed with the Design Review Board.  He submitted noise studies and lighting would be the minimum allowed in industrial parking lots.

Richard Dewalt, 5 Quarry Ridge Road, Newtown, Connecticut was not convinced about the noise control which was his primary concern.  He was assured that there would be no P.A. system.

Robert Brown, 15 Toddy Hill Road, Newtown, Connecticut expressed concern about the hours of operation and noise, which was his main concern and traffic.

Mr. Carboni addressed the concerns raised.

The hearing was closed at 8:18 p.m.

PUBLIC HEARING (Continued)
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION TO ADOPT “SANDY HOOK DESIGN DISTRICT DESIGN GUIDELINES” DATED JUNE, 2006

Mr. O’Neil noted that he had listened to the tape and was considered sufficiently versed to discuss and vote on the matter.  The aim of the Commission is to try and maintain the character of the area.  The current regulations were considered vague.  They are trying to set the tone for people who want to develop in Sandy Hook

Robert Accomando, Esq., 800 Main Street, Southbury, Connecticut, representing some of the owners in the Sandy Hook Design District submitted a letter dated August 17, 2006 signed by the majority of business owners.  He asked for time to meet with the Design Review Board.

Mr. O’Neil agreed to leave the hearing open.  He asked to hear from the public.

Michael Manes, 21 Aunt Park Lane, Newtown, Connecticut is a member of the Design Review Board.  They will meet with interested parties.

George Reichert, 70 Queen Street, Newtown, Connecticut would welcome input from the community and asked for a place where they could meet.  Mr. O’Neil suggested they talk to the Land Use office.

Alan Shepard, 1 Glover Avenue, Newtown, Connecticut had had long discussions with owners in the area, noting that their heads are in the right place.  Time to work through the issues would be beneficial.

The hearing was left open.

PUBLIC HEARING (Continued)

APPLICATION BY MARITZA IZQUIERDO FOR A TWO LOT RE-SUBDIVISION, 9.38 ACRES, 49 PARMALEE HILL ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #20, BLOCK #8, LOT #5

Alan Shepard, P.E. 415 Howe Avenue, Shelton, CT representing the applicant distributed revised maps dated 8/14/06 and additional return receipts of mailing.  Drainage and other issues raised by neighbors were addressed.  The Open Space Committee wanted the offered open space, even though it did not meet regulations because it was considered a good connector.  The shared driveway was modified.

The hearing was closed at 8:50 p.m.  A recess was called.

The meeting reconvened at 9:00 p.m.
PUBLIC HEARING (Continued)

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT ARTICLE IV, SECTION 4.12.400 C PERTAINING TO RESIDENTIAL DENSITY IN THE SANDY HOOK DESIGN DISTRICT

Mr. O’Neil read the regulation as revised.  The Commission and Ms. Stocker discussed the amendments.

The hearing was closed at 9:09 p.m.
ACTION

Mr. O’Neil moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by the Commission to amend the zoning regulations at Article IV – Permitted Uses, Section 4.12.400 C. to increase the housing density in the zone to one unit per 6,400 square feet of lot area provided such lots are connected to public sewer and water and that all such dwellings (100%) shall be deed restricted for affordable housing for a period of 30 years

SHALL BE APPROVED

Such amendment shall read as follows:

Delete Section 4.12.400 C. in its entirety and insert the following in lieu thereof:

4.12.400        C. Residential Density

1.      Any lot which proposes dwellings on the story above a commercial use shall calculate the residential density at no greater than one (1) unit per 10,890 square feet of lot area.  Such dwellings shall be permitted only upon lots that are connected to the public sewer system (effective 10/2/95, amended effective 8/28/06)

2.      Any lot which proposes dwellings on the story above a commercial use may calculate the residential density at no greater than one (1) unit per 6,400 square feet of lot area provided such lot is connected to public water and sewer services and all (100%) such dwellings shall be deed restricted for a period of 30 years as affordable housing pursuant to Section 8-30g of the CT General Statutes (added effective 8/28/06)

BE IT FURTHER RESOLVED that the reason for the amendment is because properties within the Sandy Hook Design District are served by public water and sewer infrastructure and the area has the potential to provide much needed affordable housing

BE IT FURTHER RESOLVED that the amendment is consistent with the goals and objectives of the Newtown Plan of Conservation and Development

BE IT FURTHER RESOLVED that the amendment shall become effective on August 28, 2006

Seconded by Mr. Mulholland

                                                Vote:   Mr. O’Neil              Yes
                                                        Ms. Brymer              Yes
                                                        Mr. Mulholland  Yes
                                                        Mr. Bloom               Yes     
Motion approved

PUBLIC HEARING (Continued)

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE ZONING REGULATIONS AT SECTION 4.10.520 (EH-1O STREETS)

The Commission and Ms. Stocker discussed the amendments.

Mr. O’Neil moved the following

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by the Commission to amend the zoning regulations at Article IV – Permitted Uses, Section 4.10.520 Private Streets within elderly housing developments

SHALL BE APPROVED

Such amendment shall read as follows:

Delete Section 4.10.520 in its entirety and insert the following in lieu thereof:

4.10.520        Private Streets

The streets within the lot shall remain in private ownership and shall be designed for safe and easy circulation of traffic within the lot.  The private streets shall be laid out with attention to the natural contours of the land and natural features on the lot.  The private streets must be capable of providing easy access for all emergency vehicles.

Such private streets shall conform to the design standards as set forth by the American Association of State Highway and Transportation Officials (AASHTO) – Guidelines for Geometric Design of Very Low Volume Local Roads (ADT less than or equal to 400) 2001 or its successors.  The design speed shall be 15 mph and so posted with proper signs.  The minimum horizontal curve radius shall be 70 feet, the minimum stopping sight distance shall be 65 feet and the minimum sight distance for intersections shall be 70 feet.  All other design and construction elements of the private streets shall conform to the standards for a local residential street as set forth in the Newtown Road Ordinance, as amended, except that no easement, right of way or dedication of land to the Town shall be required for the private streets

All phases of the construction of the streets shall be inspected and certified by the applicant’s licensed professional engineer.  All certifications must be provided to the Newtown Land Use Agency prior to the release of any bonds (amended effective 8/28/06)

BE IT FURTHER RESOLVED that the reason for the amendment is to improve upon public safety for private streets within elderly housing developments.

BE IT FURTHER RESOLVED that the amendment is consistent with the goals and objectives of the Newtown Plan of Conservation and Development.

BE IT FURTHER RESOLVED that this amendment shall become effective on August 28, 2006.
Seconded by Mr. Mulholland

                                                Vote:   Mr. O’Neil              Yes
                                                        Ms. Brymer              Yes
                                                        Mr. Mulholland  Yes
                                                        Mr. Bloom               Yes     
Motion approved

CORRESPONDENCE/COMMUNICATIONS

The Commission and Ms. Stocker discussed the drive-through regulations that are currently ambiguous.  Currently drive-through banks were allowed, but what about eat-in establishments, drug stores, etc.  The Commission agreed that it needed more definition.

The Commission and Ms. Stocker discussed the new R2 and R3 setback regulations.

The Commission and Ms. Stocker discussed the South Main Street Village District.  Ms. Dean and Mr. O’Neil would work on specific design criteria.  There is enough merit to discuss with the First Selectman and the EDC.  The Commission would read the material and discuss at a future date.

Robert Blanchette, Borghesi Building & Engineering Co. Inc., 31 Pecks Lane, Newtown, Connecticut submitted a letter dated August 16, 2006 regarding Lot 9 Turnberry Lane, Curtis Industrial Park.  The plans were modified and the buildings would be smaller than originally designed.  The Commission said he would have to come before the Commission for an amendment submitting revised drawings.

Mr. Mulholland made a motion to adjourn.  Seconded by Mr. Bloom

                                                Vote:   Mr. O’Neil              Yes
                                                        Mr. Poulin              Yes
                                                        Ms. Brymer              Yes
                                                        Mr. Mulholland  Yes
                                                        Mr. Bloom               Yes
Motion approved

The meeting adjourned at 10:30 p.m.


                                                Respectfully submitted




                                                ___________________________
                                                Robert Poulin, Secretary Pro Tem