MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut September 7. 2006
Present:
Mr. O’Neil, Chairman; Mr. Wilson, Vice-Chair; Ms. Dean, Secretary; Mr. Poulin and Ms. Brymer. Alternates: Mr. Mulholland. Also attending: Elizabeth Stocker, Director of Community Development. Clerk: Ms. Wilkin
The meeting was opened at 7:32 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
PUBLIC HEARING
APPLICATION BY MONACO PROPERTIES FOR AN AMENDMENT TO A SPECIAL EXCEPTION TO CONSTRUCT A 15,000 SQUARE FOOT TWO STORY BUILDING, 146-148 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT., ASSESSOR’S MAP #36, BLOCK #2, LOTS 53 AND 54
Ms. Dean read the call for the hearing
Mr. O’Neil read the correspondence in the file, including a letter from the attorney for the applicant requesting a continuance because DOT is making road changes in front of the property that may affect the design of the driveway. Mr. O’Neil asked if anyone from the public wished to address the matter.
Jim Qualey, 1 Cedar Drive, Newtown, Connecticut asked for confirmation that DOT was widening the road.
The hearing was continued until the meeting of October 5, 2006.
PUBLIC HEARING
APPLICATION BY SCHULTZ FAMILY LIMITED PARTERSHIP FOR A NINE LOT SUBDIVISION, 127 WALNUT TREE HILL ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP #42, BLOCK #1, LOT 5.0A
The hearing was opened at 7:40 p.m.
Ms. Dean rad the call for the hearing.
Mr. O’Neil read the correspondence in the file, then asked to hear from the applicant.
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut, representing the applicant gave an overview of the application.
Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut, submitted revised plans addressing staff comments. He also submitted a letter detailing the changes. The application meets health and zoning requirements but they need authorization from the Conservation Commission to discharge into the wetlands. He addressed the Commission’s concerns regarding the stormwater basin from the rear two lots and how it could be maintained. The split rail fence indicated on the plans were requested by the Wetlands Commission. Sightlines on lots 3 and 6 would be added to the map for the next meeting.
Mr. Hall said he would try and write up criteria for a Driveway Covenant for the next meeting.
Mr. O’Neil asked to hear from the public
Julia Wasserman, 113 Walnut Tree Hill Road, Sandy Hook, Connecticut had numerous questions including access to the open space and water discharge. She asked for assurance that the earthen dam would not be affected. Mr. Edwards responded to her questions.
Mary Fellows, 120 Walnut Tree Hill Road, Sandy Hook, Connecticut expressed concern about pesticides and contaminants that would flow into the pond and stream. She was also concerned about well capacity. She considered the road very hazardous.
Henry Colangelo, 121 Walnut Tree Hill Road, Sandy Hook, Connecticut asked about the detention ponds and affect on the wetlands.
Guy Peterson, 25 The Boulevard, Newtown, Connecticut, Treasurer of the Newtown Forest Association asked about the runoff flow.
Morgan McLaughlin, representing her family on Alberts Hill Road, Sandy Hook, Connecticut asked if the runoff would add to the pond, which is not functioning properly currently due to back-up of twigs and material. She asked if the open space was contiguous with existing open space. She was concerned about the driveway serving lots 4 and 5 because it faced north which would be bad in winter.
Mr. Hall stated that he would put the 500/1 map showing contiguous open space in the file for the next meeting.
Mr. Edwards said that the stormwater runoff would flow through a 100 storm water pipe with an overflow in the event of blockage. The driveways would be paved.
The meeting was left open in order to address road, drainage, sight lines, open space map and draft covenant for driveways.
A recess was called at 9:01 p.m. The meeting reconvened at 9:10 p.m. It is noted that Mr. Wilson left the meeting.
PUBLIC HEARING
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION TO AMEND THE TOWN OF NEWTOWN ZONING REGULATIONS AT SECTION 5.01 (R-2 AND R-3), CHART V-1 MINIMUM SIDE AND REAR YARD SETBACK FOR R-2 AND R-3 ZONES AS NOTED IN A CERTAIN DOCUMENT ENTITLED “TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION PROPOSED ZONING REGULATION CHANGE” DATED AUGUST 7, 2006.
Ms. Dean read the call for the hearing.
There was no correspondence to be read so Mr. O’Neil explained the changes and how they would be implemented. He asked for comments from the public.
Larry Edwards, 227 Stepney Road, Easton, Connecticut asked about pre-existing lots. Ms. Stocker clarified how the changes would affect existing lots and those created after September 18, 2006.
Mike Phenix, 40 Marlin Road, Newtown, Connecticut asked if he could erect a shed under the current regulations.
Tony Lorenza, 25 Meadow Brook Road, Newtown, Connecticut asked if he could build a garage.
Robert Hall, 5 Nettleton Avenue, Newtown, Connecticut had a problem with the side lines with 225 ft front setback.
Jeff Ross, 100 Hattertown Road, Newtown, Connecticut explained his problem with a pool he wanted to install. The Commission suggested he goes to the ZBA for guidance.
The hearing was closed at 9:40 p.m.
DISCUSSION AND POSSIBLE ACTION
The Commission discussed the issues raised, Mr. Poulin suggested reducing the side lines to 40 ft. The Commission considered it a good compromise. However, installation of a pool would be 50 ft. Mr. O’Neil thought it might prevent the cutting down of trees all the way to the property line.
Ms. Dean 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 V – Area, Height, and Yard Requirements, Section 5.01, by adding a new section 5.01.200 and amending chart V-1 for the side and rear setbacks for lots in the R-2 and R-3 zones.
SHALL BE APPROVED as follows:
Revise Chart V-1 for the R-2 and R-3 Minimum Side & Rear Yards to read: 25 except for lots created after September 18, 2006 shall be 40’ side and 50’ rear (see § 5.01.200) effective 7/17/06, amended effective 9/18/06
Add a new Section 5.01.200 to read:
5.01.200 The minimum side and rear setbacks for any lot created after September 18, 2006 where such lot is located in the R-@ and R-3 zones shall be 40 feet for side yard and 50 feet for rear yard (added effective 9/18/06)
BE IT FURTHER RESOLVED that the reason for the amendments is to correct a technical flaw involving the minimum side and rear setbacks to provide that new R-2 and R-3 lots be subject to the larger setback provisions whereby existing lots will continue to have the same side and rear setbacks in effect when they were created. This amendment will serve to reduce the number of variances necessary as a result of the change adopted July 2006.
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 September 18, 2006.
Seconded by Ms. Brymer
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Motion approved
made a motion to adjourn. Seconded by
Vote: Mr. O’Neil Yes
Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Motion approved
CORRESPONDENCE/COMMUNICATIONS
Mr. O’Neil made a presentation to the Selectmen with Ms. Dean on the status of the south Main Street regulations study. They will now speak with the Economic Development Committee.
Ms. Brymer and Mr. Mulholland had a meeting regarding the Fireside Inn property. The plans were to make it part restaurant, part retail.
The Commission discussed the request by the owner of the Hilario Restaurant who wants to put a new building on the property and expand the tow truck business. It was suggested they discuss their plans with Rob Sibley.
Ms. Brymer made a motion to adjourn. Seconded by Mr. Poulin.
The meeting adjourned at 10:30 p.m.
Respectfully submitted
________________________
Lilla Dean, Secretary
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