MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut February 21, 2008
Present: Mr. Bloom, Chair Pro Tem, Ms. Brymer. Secretary Mr. Mulholland and Mr. English. Alternates: Mr. Belden sat in place of Ms. Dean. Also present: Ms. Stocker, Director of Planning and Community Development and George Benson, Land Use Director. Clerk: Ms. Wilkin
The meeting was opened at 7:33 p.m. 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 HEARINGS
APPLICATION BY HATTERTON, LLC FOR A FOUR LOT SUBDIVISION, 22 HATTERTOWN ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “FINAL SUBDIVISION MAP PREPARED FOR HATTERTOWN, LLC, NEWTOWN, CONNECTICUT” DATED OCTOBER 22, 2007, SCALE 1” = 60’, ASSESSOR’S MAP 8, BLOCK 9, LOT 2 (PARCEL A)
Ms. Brymer read the call for the hearing
Mr. Bloom read the correspondence in the file then asked to hear from the applicant.
John McCoy, P.E., 440 Main Street, Ridgefield, Connecticut, submitted proof of mailing. He went through the application including septic testing. The proposed open space abuts Forest Association land with a 25ft easement to Hattertown Road. They would require a front setback variance because it is currently non-conforming. He submitted Earthwork Estimates dated 2/15/08. The drainage, which is currently a problem was explained. Revised plans will be provided to meet the Town Engineer’s requirements. They are also waiting to hear from the Fire Marshal’s approval of two 15,000 gallon instead of one 30,000 gallon detention tank(s) They asked for a continuance because they are waiting for the application to be heard by the Conservation Commission and submit revised plans.
Bob Eckenrode, Secretary, Newtown Forest Association, 7 Wild Cat Road, Newtown, Connecticut submitted a letter dated Fenriaru 21. 2008.
Glorianne Garvin, 12 Hattertown Road, Newtown, Connecticut had concerns about road safety, enforcement of no through trucks regulation, speed limit and school bus safety.
Bill Busaad, 13 Hattertown Road, Newtown, Connecticut had concerns about the driveways across from his house and sight lines.
Vincent Brunelli, 42 Hattertown Road, Newtown, Connecticut had concerns about Indian caves on the property and increased traffic.
The hearing was left open to receive approval of the Conservation Commission and Town Engineer regarding drainage.
A recess was called at 8:42 p.m.
The meeting reconvened at 8:50 p.m.
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION TO TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE VIII – MISCELLANEOUS PROVISIONS, SALES OF ALCOHOLIC BEVERAGES, AS NOTED IN A CERTAIN DOCUMENT ENTITLED “DRAFT FOR DISCUSSION NEWTOWN PLANNING AND ZONING COMMISSION PROPOSED AMENDMENTS TO THE ZONING REGULATIONS PERTAINING TO THE SALE OF ALCOHOLIC BEVERAGES” DATED JANUARY 22, 2008.
Ms. Brymer read the call for the hearing
Mr. Bloom read the correspondence in the file.
Ms. Stocker presented the proposal to the Commission. This proposal was discussed at a January meeting as a result of a pending application allowing a wine tasting bar next to a restaurant. The proposed regulation would address the current distance requirement between business serving alcohol. The State has allotted ten permits for package stores in Newtown, which currently has eight.
Chris Qualey, 1 Cedar Circle, Newtown, Connecticut asked for clarification of the regulation.
Robert Hall, Esq., 5 Nettleton Avenue, Newtown, Connecticut asked if this would lead to an entertainment district.
Ms. Stocker explained the different uses.
The hearing was closed at 9:05 p.m.
ACTION
Ms Brymer 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 VIII, Sections 8.01 through 8.01.310
SHALL BE APPROVED.
Such amendments are contained in a certain document entitled “Newtown Planning and Zoning Commission, Proposed Amendment to the Zoning Regulations pertaining to the sales of Alcoholic Beverages” dated January 22, 2008
BE IT FURTHER RESOLVED that the reason for the amendments is as follows:
The amendments update the regulations to provide for and maintain a distance between businesses that sell alcoholic beverages and a church or school. Such regulations are consistent with the Connecticut State Statutes in terms of licensing and contribute to the protection of public health, safety and welfare.
BE IT FURTHER RESOLVED that the amendments are consistent with the goals and objectives of the Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that the amendments shall become effective on March 1, 2008.
Seconded by Mr. Mulholland.
Vote: Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Mr. Belden Yes
Motion approved
PUBLIC HEARING
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION FOR CHANGE OF ZONE: M-2 TO F&R-2, M-2 TO M-1 & M-3 IN ITS ENTIRETY, M-2 AND R-1 TO M-1 IN ITS ENTIRETY, B-2 AND M-2 TO B-2 IN ITS ENTIRETY, R-1 AND M-2 TO R-1 IN ITS ENTIRETY, M-2 TO C&A IN ITS ENTIRETY, M-6 TO M-1 OR FROM M-6 AND R-2 TO M-1 IN THEIR ENTIRETY, F&R-2, B-2 AND M-6 TO M-1, M-6 AND M-2 TO M-1, M-6 TO R-2 OR FROM M-6 & R-2 TO R-2 IN THEIR ENTIRETY. LISTED IN A CERTAIN DOCUMENT ENTITLED “NEWTOWN PLANNING AND ZONING COMMISSION PROPOSED ZONE MAP CHANGES” DATED JANUARY 11, 2008.
The hearing was opened at 9:10 p.m.
Ms. Brymer read the call for the hearing
Ms. Stocker presented the purpose and intent of the proposal, which had been discussed extensively by the Commission.
Michael Burton, 107 Glen Road, Sandy Hook, Connecticut, owner of property at 57B Church Hill Road, would be negatively impacted by the proposed change. His letter was in the file. He asked for consideration to re-zone the property to M-5 which, was recently changed for the adjoining property.
Bill McCarthy, American Wire, 57A Church Hill Road, had a similar problem. A letter was in the file also asking if the property could be changed to M-5.
Robert Hall, Esq., 5 Nettleton Avenue, Newtown, Connecticut, owner of property at 185 South Main Street, asked if the property could be changed to 54 Pecks Lane.
Chris Qualey, 1 Cedar Circle asked how his property would be affected. He was advised that it would not change.
The hearing was continued.
PUBLIC HEARING (Continued)
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION FOR THE FOLLOWING AMENDMENTS TO THE REGULATIONS OR ZONE MAP CHANGES:
ARTICLE IX Administration & Enforcement
ARTICLE VII & CHART VII-I Area, Height & Yard
AFTICLE I Business, Commercial & Professional Zones (zone map change)
ARTICLES III & VII Driveway Turning radii
ARTICLE VIII Excavations
ARTICLE VIII Exterior lighting
ATICLE V Industrial zones
ARTICLE VIII Landscaping, screening & buffers
ATICLE XIII Legislative revisions
ARTICLE VIII Mining
ARTICLE VIII Parking, driveway & loading standards
ARTICLE VIII Performance Standards
ARTICLE VIII Ponds & drainage basins
ARTICLE III Residential uses
ARTICLES I & VIII Signs
ARICLE XI Special Exceptions
ARTICLE VIII Wireless Communication Facilities
Ms. Stocker gave an overview of the amendments noting that they were a culmination of numerous public hearings, all of which were detailed. This is the third date allowing for public input. The hearing will remain open till the next meeting on 3/6/08 to allow for final adjustments
Robert Hall, Esq., 5 Nettleton Avenue, Newtown, Connecticut noted the lack of input by residents. He went through the history of how the regulations began. Once he has read the revised document he would make comments.
The Commission expressed appreciation for any suggestions Mr. Hall made.
The hearing was continued
CORRESPONDENCE/COMMUNICATIONS
Ms. Stocker updated the Commission on a meeting she, Ms. Dean and Mr. Benson had with Pat McDougall of Newtown Pools regarding a water feature he wanted to put on his property. It was suggested that he goes to the ZBA.
Mr. Clemsen made a motion to adjourn. Seconded by Ms. Brymer.
The meeting adjourned at 10:20 p.m.
Respectfully submitted
________________________
Jane Brymer, Secretary
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