MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut July 19, 2007
Present: Ms. Dean, Ms. Brymer, Mr. Poulin, Mr. Wilson and Mr. Bloom. Alternates: Mr. Mulholland and Mr. Cruz. Also present: Elizabeth Stocker, Director of Community Development. Clerk: Ms. Wilkin
The meeting was opened at 7:36p.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 HEARINGS
APPLICATION BY TUV RHINELAND FOR A SITE DEVELOPMENT PLAN TO CONSTRUCT A NEW TESTING FACILITY IN A COMPOSITE BUILDING, 12 COMMERCE ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 38, BLOCK 1, LOT 18
This application needs to be re-noticed as a Special Exception due to the fact that part of the site is in the Aquifer Protection area
Ed Scoville, Stuart Somers, 1211 South Main Street, Southbury, Connecticut explained the application. They propose to construct a composite building designed to test electronic equipment. They described the architectural design of the building, submitting a sample of the proposed siding. There is no exterior lighting proposed on the site.
The Commission can make no decision on this application till they receive approval from the Inland Wetland Commission.
The hearing was closed at 7:52 p.m.
APPLICATION BY PATRICK NAPOLITANO AND MARY GAUDET-WILSON TO AMEND THE TOWN OF NEWTOWN ZONING REGULATIONS AT SECTIONS 4.18.300 AND 4.18.875
Ms. Brymer read the call for the hearing
Ms. Dean read the correspondence in the file.
Mary Gaudet-Wilson, 12 Whippoorwill Road, Newtown, Connecticut, read and submitted her statement dated July 19, 2007.
Patrick Napolitano, 13 Whippoorwill Road, Newtown, Connecticut submitted a note starting “I will not quote all the numbers… He asked the Commission to reverse their decision of April 5, 2007 regarding an amendment change allowing a commercial sports complex in an M-2A zone. He did not feel the application was appropriately noticed which would have allowed more neighbors to attend the public hearing to lodge their opposition.
Ms. Dean complimented the applicants for their concise presentation. She asked to hear from the public.
Doug Lutz, 8 Taunton Lake Road, Newtown, Connecticut stated that the lights and traffic will impact the neighborhood. He did not like the way the Commission handled the zone amendment.
The Commission said they would take the comments under advisement.
Brian Keane, 18 Whippoorwill Road, Newtown, Connecticut asked the Commission to reconsider their decision. She expressed concern about lights, noise and security, stating that it was a different use from light industrial.
Patricia Barkman, 49 Taunton Lake Road, Newtown, Connecticut noted that this was a scenic spot and was concerned about the traffic.
Ken Rapp, 18 Great Hill Road, Newtown, Connecticut, representing the owner of 15 Whippoorwill Road, asked for the motivation behind the decision.
Christian Qualey, 1 Cedar Circle, Newtown, Connecticut, expressed frustration with the Commission, suggesting proper notification to inform people.
Ms. Dean advised that there has been plenty of information available in the Land Use Office for people to see. Ms. Brymer suggested that people who are dissatisfied with the work of the Commission should apply for membership before the next elections.
Michael Riccardi, 16 Whippoorwill Road, Newtown, Connecticut, asked to receive personal notification when the application for site development is submitted.
The hearing was closed at 8:51 p.m. A recess was called.
The meeting reconvened at 9:02 p.m.
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR AN AMENDMENT TO THE 2004 NEWTOWN PLAN OF CONSERVATION AND DEVELOPMENT TO ADD THE SOUTH MAIN VILLAGE DESIGN DISTRICT AS OUTLINED WITHIN A CERTAIN DOCUMENT ENTITLED “NEWTOWN, CONNECTICUT SOUTH MAIN STREET VILLAGE DESIGN DISTRICT ADDENDUM TO THE 2004 PLAN OF CONSERVATION AND DEVELOPMENT” AS LAST REVISED ON MAY 2, 2007.
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A PROPOSED ZONE MAP CHANGE TO ESTABLISH THE SOUTH MAIN VILLAGE DESIGN DISTRICT OVERLAY ZONE, INCLUDING THOSE PROPERTIES LOCATED ALONG SOUTH MAIN STREET AS LISTED UPON A CERTAIN DOCUMENT ARE THE SUBJECT OF THIS ZONE MAP CHANGE AND THE AREA OF CHANGE IS MORE PARTICULARLY SHOWN UPON A CERTAIN MAP ENTITLED “SOUTH MAIN VILLAGE DESIGN DISTRICT. NEWTOWN, CT” DATED MAY 1, 2007
APPLICATION BY THE TOWN OF NEWTOWN LANNING AND ZONING COMMISSION AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS TO ESTABLISH SECTION 42.7 AS THE SOUTH MAIN STREET VILLAGE DESIGN DISTRICT (SMVDD) OVERLAY ZONE AND SECTION 4.27 AS THE SPECIAL DEVELOPMENT DISTRICT (SDD) ZONE AS WRITTEN IN A CERTAIN DOCUMENT ENTITLED “NEWTOWN CONNECTICUT SOUTH MAIN STREET VILLAGE DESIGN DISTRICT, PROPOSED AMENDMENTS TO THE ZONING REGULATIONS” AS DATED MAY 1, 2007
Ms. Dean read the call for all three applications
The Commission noted that these applications have been discussed at length. Maintaining the character of the town was a concern. Ms. Dean felt the State definitions of a Village District have been met. She has read all the comments and still considers this as beneficial planning. Mr. Poulin and Mr. Cruz were not sure this is the right thing to do. Mr. Bloom did not think the area resembled a Village District.
Ms Stocker distributed State General Statutes describing Village District. The 2004 Plan of Conservation and Development emphasizes design character and future development. Signs would be a design requirement
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut said this was an attempt to make a silk purse out of a sow’s ear. Because the district is on a State road things could change.
Daniel Amaral, 41 Elm Drive, Newtown, Connecticut owns property in the district and asked about architectural design decisions.
Robert Bambino, 7 Swamp Road, Newtown, Connecticut, owner of unique property in the district asked for assistance.
Helen Kaekish, Swamp Hill Road, Newtown, Connecticut liked the idea.
Nanette Martine, Castle Hill Road, Newtown, Connecticut hopes the development will follow the founding fathers’ plans.
Judy Fishman, 11 Farm Meadow Road, Newtown, Connecticut asked for clarification of development/design district.
Alan Wiggin, 11 Farm meadow Road, Newtown, Connecticut would like the district and thinks other people would also.
The hearings were closed at 10:27 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the Commission’s proposal to amend the 2004 Plan of Conservation and Development by adding an addendum as written and illustrated in a certain document entitled “South Main Street Village Design District, Newtown, CT, Addendum to the 2004 Plan of Conservation and Development” as revised July 19, 2007
SHALL BE APPROVED as amended pursuant to discussion of July 19, 2007.
BE IT FURTHER RESOLVED that the Commission has determined that the South Main Street corridor has distinctive character, landscape and in some areas, historic value that is worthy of protection as a Village Design District pursuant to Section 8-2j of the Connecticut General Statutes
BE IT FURTHER RESOLVED that the amendment to the 2004 Plan of Conservation is hereby adopted pursuant to the authority vested in the Commission under Section 8-23 of the Connecticut General Statutes.
BE IT FURTHER RESOLVED that the amendment shall become effective on July 31, 2007. Seconded by Mr. Poulin
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Mr. Wilson Yes
Mr. Bloom Yes
Motion approved
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the Commission’s proposal to change the Zoning Map to establish the South Main Village Design District (SMVDD) Overlay Zone as shown upon a certain Map entitled “South Main Village Design District, Newtown, Connecticut” dated July 11, 2007 for such properties listed upon a certain document entitled: “List of Properties on South Main Street Subject to South Main Village Design District” dated June 26, 2007 as amended pursuant to discussion of July 19. 2007.
SHALL BE APPROVED with the following changes:
Add Map 37, Block 2, Lot 15
Remove Map 37, Block 2, Lot 23
NOTE: Map 37, Block 2, Lot 45 is not part of this zone change.
BE IT FURTHER RESOLVED that the Commission finds that the zone change will provide flexibility in development opportunities and will provide control over development design along the South Main Street corridor. Such flexibility and design control will allow an opportunity for the Town to maintain and protect the distinctive character and landscape of the south Main Street corridor pursuant to the village district statute as provided by Section 8-2j of the Connecticut General Statutes.
BE IT FURTHER RESOLVED that the Commission finds that the zone map change is consistent with the Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that the Zone map Change will become effective on August 1, 2007.
Seconded by Mr Wilson
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Mr. Wilson Yes
Mr. Bloom Yes
Motion approved
Mr. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning commission that the Commission’s proposal to amend the zoning regulations to add the south Main Village Design District (SMVDD) pursuant to Section 8-2j of the Connecticut General Statutes and to add the Special Development District (SDD) as written in a certain document entitled “South Main Street Village Design District, Newtown, CT, Proposed amendments to the Zoning Regulations” dated October 25, 2006 and revised on 5/14/07 and 7/6/07
SHALL BE APPROVED with the following changes:
Section 4.27.100 – third bullet down shall read:
· Maintain and enhance the distinctive character of South Main Street including the residential and natural characteristics
Section 4.28.440 – see Ms. Dean’s document
BE IT FURTHER RESOLVED that the reasons for the amendments are as follows:
1. To enable flexibility in development along the South Main Street by permitting the adaptive reuse of existing residential dwellings in such a way so as to protect the distinctive character, landscape and historic structures within the district.
2. To encourage the conversion, conservation and preservation of existing buildings and sites in a manner that maintains the historic or distinctive character of the district
3. To enable the review of the design, relationship and compatibility of structures, plantings, signs, roadways, street hardware and other objects in public within the district.
4. To enhance the distinctive characteristics of the district identified in the Plan of Conservation and Development.
5. To control the design of new construction, substantial reconstruction and rehabilitation of properties within the district and in view from the public roadways
6. To enhance the distinctive character of the South Main Village Design District.
7. To allow for additional economic development opportunities and diversity of uses within the district.
BE IT FURTHER RESOLVED that the Commission finds that the amendments are consistent with the Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that the amendment shall become effective on August 1, 2007.
Seconded by Mr. Wilson
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Mr. Wilson Yes
Mr. Bloom Yes
Motion approved
DISCUSSION AND POSSIBLE ACTION
APPLICATION BY RAFFIE ARYEH FOR A ONE LOT SUBDIVISION, THREE ACRES, LOT 15, EDEN HILL ROAD AD SERENE WAY, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 12, BLOCK 5, LOT 12L15.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Raffie Aryeh for a two lot re-subdivision of Lot 15, 56.4045 acres, as shown upon a certain map entitled “Resubdivision Map of Newtown Heights – Lot 15, Eden Hill Road and Serene Way, Newtown, Connecticut, Raffie Aryeh (owner)” dated February 15, 2007 and revised on 5/25/2007 and 7/2/2007, Scale 1” = 100’, as shown on the Assessor’s Map 12, Block 5, Lots 12 and 15
SHALL BE APPROVED with the following stipulation:
That the driveway from Lot 15 must exit onto Eden Hill Road and verified.
BE IT FURTHER RESOLVED that the application, as modified, is consistent with the Subdivision Regulations and the F&R 2 and F&R3 zones.
Seconded by Mr. Wilson
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Mr. Wilson Yes
Mr. Bloom Yes
Motion approved
APPLICATION BY NEWBROOK LLC FOR A FOUR LOT SUBDIVISION, 7 OBTUSE ROAD, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 3, BLOCK 7, LOT 15
No action can be taken on this application until the Commission receives approval from the Inland Wetland Commission
APPLICATION BY MILTON ADAMS FOR A TWO LOT RE-SUBDIVISION, 1 TWIST HILL LANE, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP 19, BLOCK 6, LOT 6
Ms. Stocker advised the Commission that they were in receipt of the appraisal.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Milton Adams for a two lot re-subdivision of property located on Twist Hill Lane, 4.524 acres, as shown on a certain map entitled “Proposed Re-Subdivision Lot 1, Paul Scudder Smith & Earl Wright Smith subdivision, The Old Road – Twist Hill Lane, Newtown, Connecticut” dated February 19, 2007, scale 1” = 30’, for property shown on the Assessor’s Map 19, Block 6, Lot 8
SHALL BE APPROVED with the following conditions:
1. That prior to filing the record map in the Newtown Land Records:
a. A bond in the amount of $5,842.68 shall be submitted to secure the subdivision improvements as agreed upon in the road and Drainage work Agreement. If the agreement is revised.
b. The subdivision map shall be modified as follows:
i. Place a note on lot 1B as follows: “A fee-in-lieu of open space in the amount of $11,200 shall be paid to the town of Newtown at the time of sale of lot 1B”
ii. Add note #12 to read: A fee-in-lieu of open space will be paid by the developer to the Town of Newtown in the amount of $11,200 at the time of sale of lot 1B”
2. The applicant shall submit a lien document suitable for filing in the Land Records for Lot 1B for the fee in lieu of open space. The lien shall state the lien amount of $11,200 will be paid by the seller of the lot to the town of Newtown at the time of sale of the lot.
BE IT FURTHER RESOLVED that the application is consistent with the subdivision Regulations and the F&R1 &2 zones.
Seconded by Mr. Mulholland
Vote: Ms. Dean Yes
Mr. Poulin Yes
Mr. Bloom Yes
Mr. Mulholland Ye
Motion approved
CORRESPONDENCE/COMMUNICATIONS
A request from Attorney Robert Hall for interim bond release for Toll Bros. will be discussed at the next meeting
The Commission noted a letter from the Conservation Commission stating that they consider the open space regulations confusion. The Commission will research this and discuss later.
The HVCAO wondered if the Commission would like them to talk about affordable housing.
Ryan Delp would like to discuss affordable housing with the Commission.
Mr. Bloom made a motion to adjourn. Seconded by Mr. Poulin.
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Poulin Yes
Mr. Wilson Yes
Mr. Bloom Yes
Motion approved
The meeting adjourned at 11.20 p.m.
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