MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut June 7, 2007
Present: Ms. Dean, Chair Pro Tem; Ms. Brymer. and Mr. Poulin. Alternates: Mr. Bloom in place of Mr. O’Neil, Mr. Mulholland in place of Mr. Wilson and Mr. Cruz. Also present: George Benson, Land Use Enforcement Officer. Clerk: Ms. Wilkin
The meeting was opened at 7:35p.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 SCOTT SCHIFILLITI FOR AN AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT SECTION 4.12.200 TO ADD “VETERINARY HOSPITAL” TO THE LIST OF PRINCIPAL USES ALLOWED IN THE SANDY HOOK DESIGN DISTRICT
Ms. Brymer read the call for the hearing
Ms. Dean read the correspondence in the file.
The hearing was closed at 7:38 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Scott Schifilliti for an amendment to the town of Newtown zoning regulations at Section 4.12.200 to add “Veterinary Hospital” to the list of principal uses allowed in the Sandy Hook Design District
SHALL BE APPROVED and Section 4.12.200 shall be amended and the following shall be added to Section 4.12.200, as a principal uses permitted in the SHDD subject to obtaining Site Development Pan approval, in accordance with Article IX.
12. Veterinary Hospital when connected to public sewers.
BE IT FURTHER RESOLVED that the amendment is consistent with the Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that the approval shall become effective on June 18, 2007.
Seconded by Mr. Poulin
After a brief discussion, Ms. Brymer made a motion to amend the regulation to read “Veterinary Hospital for surgery and recovery only and must be connected to public sewers”. Seconded by Mr. Poulin. The vote on the correction was unanimous.
Vote as amended: Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Mr. Mulholland Yes
Mr. Bloom Yes
Motion approved.
PUBLIC HEARING
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION FOR AMENDMENTS TO THE TOWN OF NEWTOWN ZONING REGULATIONS ARTICLE IV – BUSINESS, COMMERCIAL AND PROFESSIONAL ZONES, SECTION 1 – BUSINESS AND PROFESSIONAL ZONE (BPO) AND PROPOSED ZONE MAP CHANGES FOR THE FOLLOWING ADDRESSES: 12 POCONO ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 2, BLOCK 31, LOT 31 LT2, 182 MT. PLEASANT ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 2, BLOCK 5, LOT 4, 184 MT. PLEASANT ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 2, BLOCK 5, LOT 3, 188 MT. PLEASANT ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 2, BLOCK 5, LOT 2, 190 MT. PLEASANT ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 2, BLOCK 5, LOT 1, ASSESSOR’S MAP 2, BLOCK 5, LOT 32 (UNKNOWN), 11 MILE HILL ROAD, NEWTOWN, CONNECTICUT,
ASSESSPR’S MAP 28, BLOCK 7, LOTS 18, 19 POR, 7 BERKSHIRE ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP 38, BLOCK 10, LOT 6 LT A, 13 BERKSHIRE ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP 38, BLOCK 10, LOT 1 LT B1, 17 BERKSHIRE ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP 38, BLOCK 10, LOT 2, 21 BERKSHIRE ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP 38, BLOCK 10, LOT 3, 15 BERKSHIRE ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP 38, BLOCK 10, LOT 7 LT B2 AND 50 BERKSHIRE ROAD, SANDY HOOK, CONNECTICUT, ASSESSOR’S MAP 44, BLOCK 3, LOT 1LT A
The hearing was opened at 7:45 p.m. The hearing will be re-noticed.
PUBLIC HEARING (Continued)
APPLICATION BY NEWBROOK LLC FOR A FOUR LOT SUBDIVISION, 7 OBTUSE ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 3, BLOCK 7, LOT 15
Jim Murphy, Esq., Gregory & Adams P.C., 190 Old Ridgefield Road, Wilton, Connecticut, representing the applicants said that they were still waiting for a report from a recently hired wetland expert. A letter requesting an extension was in the file. He noted that the Brookfield part of the development was now for three lots instead of five and open space was amended and explained.
Mr. Wilson joined the Commission at 8:00 p.m.
Mr. Murphy distributed a letter dated June 7, 2007 addressing staff comments. As requested, certain trees would be marked and saved. Only 12 of 91 would need to be cut. The septic system on lot one was approved by the Health Department. They were now in possession of the parcel deeded by the State. There would be easements all around the cemetery. He stated that they meet open space requirements.
Steve McAllister, McChord Engineering Ass. Inc., 78 Danbury Road, Wilton, Connecticut addressed staff comments and distributed a Storm Water Management Report prepared August 2, 2006, revised 4/27/07 and 6/5/07
Matthew Popp, Environmental Land Solutions, LLC 8 Knight Street, Norwalk, Connecticut explained the mitigation measures for water distribution. They are taking measures to protect the box turtle on the property and remove invasive species of vegetation.
Mr. Benson asked about suspended solvent removal and asked for calculations by the next hearing date. Thermal pollution from the road drainage had not been addressed and required clarification. He needs specifics of overflow from detention basins.
Ms. Dean asked to hear from the public.
Mary Gingolaski, 68 Hawleyville road, Newtown, Connecticut referred to a letter in the file. She submitted a photo of the resident box turtle. She expressed concern about the construction process.
Dorothy McGuire, 8 Obtuse Road, Newtown, Connecticut expressed concern about the brook and the steepness of the slope.
The extension was approved solely to hear from the Conservation Commission and see changes to the map. The hearing will be continued on July 5, 2007.
A recess was called at 9:03 p.m. The meeting reconvened at 9:10 p.m.
PUBLIC HEARINGS (CONTINUED)
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION FOR AN ADDENDUM TO THE 2004 PLAN OF CONSERVATION AND DEVELOPMENT
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION FOR A PROPOSED ZONE MAP CHANGE TO ESTABLISH A SOUTH MAIN STREET VILLAGE DESIGN DISTRICT.
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION TO ESTABLISH A SOUTH MAIN STREET VILLAGE DESIGN DISTRICT.
Mr. Benson had no problem with the addendum. He noted a number of uses in the district and asked if they would be considered pre-existing. Ms. Dean said they would stay as pre-existing, non-conforming but the owner(s) would need come before the Commission with any changes. More specificity would be required before making a decision.
Ms. Dean asked to hear from the public.
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut, representing the owners of Sand Hill Shopping Plaza had been retained by Closets South. He also owns property himself in the District. He had no problem with the concept, trying to maintain a residential appearance, but had a few objections. Hirem Peck had responded to memo from Glen Chalder dated 4/20/07. He did not agree with Mr. Chalder’s interpretation. He distributed Public Act February, 1998. He will copy 2000 Act File #471 Amendment originally put before the Legislative Council and submit it at the next meeting.
Judy Fishman, 84 South Main Street, Newtown, Connecticut would like to have a design district without the word “village”
Andy Williams, 11 Farm Meadow Road, Newtown, Connecticut would like to see the proposal passed. She can do nothing to her house until a decision is made.
The hearings were left open in order to get feedback from Elizabeth Stocker, Director of Community Development and Town Attorney Fuller.
CORRESPONDENCE/COMMUNICATION
ELECTION OF CHAIRMAN AND VICE CHAIRMAN
The Commission expressed deep gratitude to Bill O’Neil, who has relocated to Virginia, for his good offices as Chairman of the Planning & Zoning Commission.
Mr. Poulin nominated Ms. Dean to the position of Chairperson. Seconded by Mr. Bloom. There were no other nominees. The vote was unanimous
Mr. Bloom nominated Mr. Poulin to the position of Vice Chairperson. Seconded by Ms. Dean. There were no other nominees. The vote was unanimous.
Mr. Bloom noted that he had been asked to take Mr. O’Neil’s place as a member of the Commission.
CONCERNS OF NEIGHBORS WITH THE PROPOSED SPORTS COMPLEX ON MT. PLEASANT ROAD.
Ms. Dean referred to a letter from Attorney David Grogins regarding the notice for the public hearing to change the M-2 zone stating that the application was in compliance with the regulations.
Patrick Napolitano, 13 Whippoorwill Road, Newtown, Connecticut submitted a Petition requesting a reversal of the approval.
May Goddet-Wilson, 12 Whippoorwill Road, Newtown, Connecticut referred to the Notices in the Bee stating that this application was not site specific.
Mr. Poulin explained that the Notice was for a regulation change. At this point no site needs to be specified.
Ms. Dean would research the situation regarding reaction to the Petition.
MINUTES
The Commission tabled voting on the Minutes of May 17, 2007.
OTHER BUSINESS
The Commission discussed a letter from Peter Spath regarding changes to the Dusty Lane proposal. If possible they could obtain approval from staff. If not they would need to come before the Commission again.
Mr. Poulin made a motion to adjourn. Seconded by Mr. Bloom.
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Mr. Mulholland Yes
Mr. Bloom Yes
Motion approved
The meeting adjourned at 10:20 p.m.
Respectfully submitted
___________________________
Jane Brymer, Secretary
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