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1/16/07
MINUTES
Newtown Planning and Zoning Commission

Land Use Office                                                          Special Meeting
31 Pecks Lane, Newtown, Connecticut                      January 16, 2007

Present: Mr. O’Neil, Chair; Ms. Dean, Vice- Chair; Ms. Brymer, Secretary; Mr. Poulin.    Alternates: Mr. Mulholland and Mr. Cruz.  Also present: Ms. Stocker, Director of Community Development. Clerk:  Ms. Mazur.

The meeting was opened at 3:43 p.m.

DISCUSSION CONCERNING THE PROCESS FOR PUBLIC HEARINGS, INCLUDING AFFORDABLE HOUSING

Mr. O’Neil explained that this meeting is a workshop for the Commission to prepare for the regular meeting on Thursday. Feedback from the attorneys will be discussed tonight. We will be dealing with the process not the pros and cons of the Dauti application. He said that the Commission is on the defensive because the State wants affordable housing. P&Z cannot turn down the application except for such matters as public or safety and would more often than not need expert testimony if the application is turned down.

He noted that the following need to be addressed:

1)      Try to determine the number of children who will be in the development;
2)      Review the removal of 14,000 yards of soil. Conservation Official Rob Sibley told Mr. O’Neil that this will be reviewed by an expert;
3)      Determine the physical differences between the affordable units and the non-affordable units;
4)      The Conservation Commission will review the surface water runoff for temperature and volume;
5)      The Town Engineer suggested that the applicant obtain an agreement from the neighbor who would experience extra runoff to allow the extra runoff;
6)      The Fire Marshal suggested extending the road up to the other emergency road.
7)      Determine who is responsible for annual costs of the affordable units, such as maintenance and snow removal
8)      The Police Commission has been asked to hire an expert if they feel there are safety issues.
9)      The issue of use areas as identified by the State and how the State defines them.
10)     Review the impact on the property values of the surrounding sites (attorney told Mr. O’Neil that this is a non-issue. Mr. Mulholland stated that our regulations make this an issue). The Commission agreed that an appraiser is needed.

Mr. O’Neil noted that the applicant does not have to follow our regulations and we have no authority to impose our regulations on him. Mr. Mulholland said that the attorney said we should encourage the applicant to follow our regulations.

Ms. Brymer said that the affordable units would have to be like the non-affordable units. Mr. Poulin said that the affordable units are all internal units and are different from the end units. He noted that we do not have the square footage for these units.

Mr. O’Neil noted that some non-issues are: health, welfare, aesthetics, character of the town, existence of affordable housing, general density and impact on schools. He said that an affordable housing applicant may re-submit revisions that the staff must review again.

Ms. Stocker asked how do we deal with the sewers. Mr. O’Neil said there is a letter from the Water and Sewer Authority denying the request for sewers.

Ms. Dean said that the State said an applicant cannot be held off with circular logic, such as bumping the applicant from one commission to another looking for their approvals.

Mr. O’Neil noted that parking needs to be addressed for the three new units as well as the percentage of site coverage and the removal of snow. He said that the Town Engineer noted that the road is to be graveled and that there are no separate regulations for emergency access driveways.

Ms. Stocker will contact Dr. Welti to ask him to review how this site can be stabilized.

The applicant will be asked if the Haight house could be used for two of the units instead of taking the house down.

A list of additional questions for the applicant was compiled.

Mr. O’Neil noted that the public hearing will probably be continued beyond January 18.

Ms. Dean made a motion to adjourn.  Seconded by Mr. Cruz.

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

The meeting adjourned at 5:10 p.m.

                                                        Respectfully submitted

                                                        ________________________
                                                        B. Jane Brymer, Secretary