MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut September 6, 2007
Present: Ms. Dean, Mr. Poulin, Mr. Wilson and Mr. Bloom. Alternates: Mr. Mulholland seated for Ms. Brymer. Also present: Elizabeth Stocker, Director of Community Development and George Benson, Zoning 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
MANDATORY REFERRALS
MANDATORY REFERRAL FROM THE BOROUGH OF NEWTOWN ZONING COMMISSIION CONCERNING APPLICATIONS FOR VILLAGE DISTRICT, SITE DEVELOPMENT PLAN AND SPECIAL EXCEPTION APPROVALS FOR PROPOSED ADDITION AT ST. ROSE PARISH, 46 CHURCH HILL ROAD, NEWTOWN, CONNECTICUT, BOROUGH OF NEWTOWN
Jim Strub, Esq., 41 Church Street, Waterbury, Connecticut, representing St. Rose explained the proposed addition.
Tim Onderko, P.E., 555 Long Wharf Drive, New Haven, Connecticut went into the technical details of the application with the aid of a survey map and site plan. The intention is to replace St. Patrick’s Hall, relocating the soccer field and increase parking. They had addressed comments from the Fire Department and Police Commission.
The Commission suggested eliminating lights at night when the building was not in use.
Mr. Mulholland made a motion to approve the application. Seconded by Mr. Bloom. The vote was unanimous
MANDATORY REFERRAL FROM THE BOROUGH OF NEWTOWN ZONING COMMISSION CONCERNING PROPOSED AMENDMENTS TO THE BOROUGH OF NEWTOWN ZONING RELATIONS CONCERNING (1) BRINGING NON-COMMERCIAL PROPERTIES INTO THE VILLAGE DISTRICT; (2) BRINGING NON-COMMERCIAL PROPERTIES INTO THE SIDEWALK, LIGHTING AND TRAFFIC FLOW PLAN OF THE VILLAGE DISTRICT, AND (2) ALLOWING HEAVY EQUIPMENT IN RESIDENTIAL AND PROFESSIONAL ZONES WITH A PERMIT PROCESS.
There was no-one present to explain the application and only Ms. Dean had received a copy of the proposal. Copies would be distributed to the Commission for their digesting before the next meeting.
DISCUSSION AND POSSIBLE ACTION
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
Mr. Poulin was bothered by outside playing fields at night and weekends. He did not consider the lights and noise fair to the neighbors. The Commission felt that any potential developer should be aware of limitations on the site before proceeding with any plans. After a discussion Ms. Stocker agreed to refine the draft resolution. Action will be taken at the next meeting.
PUBLIC HEARING
APPLICATION BY 5-K ENTERPRISES FOR A SPECIAL EXCEPTION TO (1) PERMIT GARAGES TO SHELTER COMMERCIAL VEHICLES AND CONSTRUCTION EQUIPMENT USED OFF THE LOT AND (2) TO CLARIFY THE RESOLUTION OF MARCH 15, 2007 REFERENCING MAXIMUM OF FIVE TENANTS UPON THE SITE RATHER THAN FIVE PER BUILDING AS SHOWN ON A CERTAIN MAP ENTITLED “OVERALL SITE PLAN PREPARED FOR 5-K ENTERPRISES, INC., #3 EDMOND ROAD, NEWTOWN, CONNECTICUT”, SCALE 1” = 100’ DATED JULY 2, 2007, AS SHOWN ON THE ASSESSOR’S MAP 27, BLOCK 6, LOTS 9, 11 AND 12
The hearing was opened at 8:30 p.m.
Mr. Poulin read the call for the hearing
Ms. Dean read the correspondence in the file, then asked to hear from the applicant.
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut explained the application. He asked for a continuance in order to hear from the Traffic Engineer.
Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut stating that there was a minor change with increased septic capacity. Everything else was the same as previously described.
Mr. Hall submitted the State DEP approval. The Wetlands Commission approved the application. Maintenance and servicing of equipment on the premises with be managed and scheduled pick-ups of waste will be submitted to the office on a regular basis.
There were no comments from the public. The hearing was left open in order to receive comments from the Traffic Department.
PUBLIC HEARING
APPLICATION BY KEVIN CAROLAN FOR A TWO LOT RE-SUBDIVISION AS SHOWN ON A CERTAIN MAP ENTITLED “RESUBDIVISION MAP SHOWING RESUBDIVISION OF LOT 3, OLD FARM HILL – SECTION 1A, 22 HORSESHOE RIDGE ROAD, NEWTOWN, CT” DATED JULY 21, 2007, SCALE 1” = 40’ AS SHOWN ON THE ASSESSOR’S MAP 25, BLOCK 1-70, LOT 3
The hearing was opened at 8:50 p.m.
Mr. Poulin read the call for the hearing
Ms. Dean read the correspondence in the file, then asked to hear from the applicant.
Matthew Scully, P.E., 40 Old New Milford Road, Brookfield, Connecticut explained the application. They had not had a chance to review the comments of Ms. Stocker or the Town Engineer.
There was a lengthy discussion regarding the accessway to the rear lot. Mr. Scully said they could reconfigure the driveway if necessary.
Ms. Dean asked to hear from the public,
Peggy Whitman, 11 Horseshoe Ridge Road, Newtown, Connecticut was concerned about the additional driveway and the removal of snow in the winter.
The hearing was continued till the next meeting.
A recess was called at 9:20p.m.
The meeting reconvened at 9:26 p.m.
CORRESPONDENCE/COMMUNICATIONS
INTERIM BOND RELEASES
Robert Hall, Esq., representing Toll Bros. agreed to give an updated bond estimate based on what needs to be done to complete the Toll Bros. project. He distributed a letter requesting a refund of part of the bond amount.
Dan Walton, Toll Bros. addressed the Commission’s concern regarding the island to control turning traffic.
The Commission discussed the merit to releasing part of the bond, which is not currently in the regulations. It was noted that the Town Engineer did not agree with the idea.
Mr. Mulholland made a motion to recommend approval of a partial release of the performance bond, on condition that the Town Attorney approves. Seconded by Mr. Bloom. The vote was approved 4-1 (Mr. Wilson was opposed)
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION TO AMEND THE TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE IX, “ADMINISTRATION AND ENFORCEMENT.
George Benson and Elizabeth Stocker joined the Commission in discussing the proposed amendment.
OTHER MATTERS
The Commission discussed a letter from Joe Hovious, Chair of the Conservation Commission regarding regulation 2.15.02 regarding groundwater recharge.
Mr. Wilson made a motion to adjourn. Seconded by Mr. Poulin.
Vote: Ms. Dean Yes
Mr. Poulin Yes
Mr. Wilson Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
The meeting adjourned at 10:40 p.m.
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