MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut April 17, 2008
Present: Ms. Dean, Mr. Bloom, Ms. Brymer, Mr. Mulholland and Mr. English. Alternate: Mr. Belden. Also present: 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 HEARING (Continued)
APPLICATON 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)
This application was continued till May 1, 2008.
PUBLIC HEARING (Continued)
APPLICATION BY MOUNT PLEASANT ROAD LLC FOR A SPECIAL EXCEPTION TO CONSTRUCT AN OFFICE BUILDING AT 174 MOUNT PLEASANT ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “SITE DEVELOPMENT PLAN PREPARED FOR MT. PLEASANT ROAD, LLC, 184 MOUNT PLEASANT ROAD, NEWTOWN, CT” DATED FEBRUARY 5, 2007, LAST REVISED 1/8/08, SCALE 1”=40’, ASSESSOR’S MAP 2, BLOCK 5, LOT 6
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut went over comments from the Town Engineer, including issues regarding handicapped parking, which have been addressed and a revised map reflecting the changes submitted. They have received an Inland Wetland Permit. Although there did not appear to be any traffic issues they requested that the Police Commission review the application. A copy of their April 1, 2008 meeting was submitted. He submitted a letter from a neighbor “Morris” who did not want to see a two story commercial building. The water company agreed to service water.
Ms. Dean agreed to hold the application open till May 1, 2008 in order to receive comments for the file from the Police Commission.
PUBLIC HEARING
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR ZONE MAP CHANGES TO CERTAIN PROPERTIES CURRENTLY ZONED F&R2 AND F&R1 TO BE CHANGED TO BPO IN THEIR ENTIRETY. SUCH PROPERTIES ARE SHOWN UPON A CERTAIN MAP ENTITLED “ZONE MAP CHANGES PROPOSED BY NEWTOWN PLANNING AND ZONING COMMISSION CHANGES TO CERTAIN PROPERTIES LOCATED ON CHURCH HILL ROAD CURRENTLY ZONED F&R-2 AND F&R-1 TO BE CHANGED TO BPO IN THEIR ENTIRETY AND FOR 107 CHURCH HILL ROAD, CURRENTLY ZONED F&R-1 AND SHDD TO BE CHANGED TO SHDD IN ITS ENTIRETY”. DATED APRIL 1, 2008. SUCH PROPERTIES ARE LOCATED AT:
68 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 6, LOT 23
70 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 6, LOT 22
76 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 6, LOT 21
78 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 6, LOT 20
79 CHURCH HILL ROAD, ASSESSOR’S MAP 38, BLOCK 2, LOT 1
80 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 6, LOT 19
81 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 1, LOT 4
82 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 6, LOT 18
83 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 1, LOT 5
84 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 6, LOT 17
86 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 6, LOT 16
87 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 1, LOT 6
88 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 6, LOT 15
89 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 1, LOT 7
91 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 1, LOT 4
92 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 6, LOT 14
95 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 1, LOT 10
97 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 1, LOT 14 PAR 2
99 CHURCH HILL ROAD, ASSESSOR’S MAP 39, BLOCK 1, LOT 11 LT.1
101 CHURCH ILL ROAD, ASSESSOR’S MAP 39, BLOCK 1, LOT 12
PLUS RIGHT OF WAY FOR THE STATE OF CONNECTICUT CURRENTLY ZONED R-1 AND R-2. ONE PROPERTY IS CURRENTLY ZONED F&R-1 AND SHDD IS TO BE CHANGED TO SHDD IN ITS ENTIRETLY: 107 CHURCH HILL ROAD
The hearing was opened at 7:50 p.m.
Ms. Brymer read the call for the hearing.
Ms. Dean read the correspondence in the file and asked to hear from Chris Fadus who initiated the zone change.
Chris Fadus, 5 Sunset Hill Road, Newtown, Connecticut stated that of 19 property owners 16 were for the zone change, one was opposed and two were unavailable for comment.
Wendy Davidson, 88 Church Hill Road, Newtown, Connecticut was concerned about the possibility of condos being built. Ms. Dean and Mr. Benson reassured her that any future application would be addressed under the same special exception regulations currently in force.
Carmine Rezulli, Westport, owner of 70 and 79 Church Hill Road, Newtown, Connecticut could not see the purpose of the change. He cited the way other towns were zoned. He would prefer to see commercial high use availability to these properties.
Jan Muller, 83 Church Hill Road, Newtown, Connecticut approved of the change stating that while maintaining the antique character of the homes, they become more viable under BPO.
Faith Gulick, 68 Church Hill Road, Newtown, Connecticut appreciated the proposed change and hoped it would be approved.
John Linder, 80 Church Hill Road, Newtown, Connecticut likes the plan and thinks it is good for the area.
Ms. Brymer explained the reason for the zone change. Mr. Mulholland said it was the best compromise for the district. No-one as petitioned the Commission to change the zone to commercial. Mr. English said that this application serves the needs of Newtown and should not be compared with other towns.
The hearing was closed at 8:10 p.m.
PUBLIC HEARING
Ms. Brymer read the call for the hearing.
Ms. Dean read the correspondence in the file then asked to hear from Rob Sibley, Deputy Director for Land Use.
Mr. Sibley explained what was happening. This is the first of many amendments pertaining to aquifer protection that would come before the Commission. The State has finished their regulations to be gradually adopted at a local level so they will be consistent. He explained the process. Most State regulations are met. One to be addressed is for outdoor maintenance of vehicles and parking and storage of vehicles.
Mr. Benson noted that as written the regulations prohibit company cars from parking in office parking lots because of the phrase fleet vehicles.
Ms. Dean thanked Mr. Sibley and Mr. Benson for their hard work.
The hearing was closed at 8:44 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning commission that the Commission’s application to amend the zoning regulations at Article II, Section l Prohibited Uses 2.01.400
SHALL BE APPROVED as follows:
ZONING REGULATIONS:
2.01.510 Outdoor storage of any commercial vehicles or construction equipment except for parking of fleet vehicles accessory to the principal use.
2.01.520 Outdoor maintenance of any commercial vehicles or construction equipment
2.01.530 Outdoor maintenance of public utility service vehicles
BE IT FURTHER RESOLVED that the reason for the amendment is to recognize environmental sensitivity of the land and community public health
BE IT FURTHER RESOLVED that the amendment will bring the regulation into compliance with the proposed State of Connecticut Aquifer protection Regulations.
BE IT FURTHER RESOLVED that the Commission finds that the amendments are consistent with the Statutes of the State of Connecticut and the Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that the Commission has given opportunity of public comment
BE IT FURTHER RESOLVED that the amendment shall become effective on May 1, 2008.
Seconded by Mr. Mulholland
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
CORRESPONDENCE/COMMUNICATIONS
Chris Qualey, 1 Cedar Circle, Newtown, Connecticut asked if a question he had about the Matheson Floors application was answered. Ms. Dean said that it was
Ms. Dean advised that the Architectural Review Board would like to increase to four members due to the fact they are frequently out of time. Ms. Dean would get approval of the First Selectman and then like to see the “Bee” advertise. No political affiliation is required,
Ms. Dean will copy and distribute a letter from the First Selectman regarding incentive housing zones. A sub-committee should be formed to write to HVCEO and Representative Wasserman for advice.
Ms. Dean referred to two letters received summer 2007 from the Town Engineer and Mr. Hovious of the Conservation Commission regarding the definition of open space and stormwater management structures. The Commission will continue discussion at a later date.
The First Selectman does not want to pay for consultants. Mr. Benson said this is more for Inland Wetland because it is subjective
Mr. English, Ms. Brymer and Mr. Benson met with Mike Buonnaserra who wants to build a 25,000 s.f. medical center at 183 Mount Pleasant Road next to Hollandia Nursery. He would like to change the zone from R-1 to BPO. The Commission discussed the possibility of changing the entire length of the road.
Mr. English and Mr. Benson met with Brian Sullivan who is looking to sell part of his property to a Wilton developer. The Commission discussed the matter.
Robert Hall, Esq., notified the Commission that the Liscinsky family does not want to proceed with their application.
Mr. Benson noted irregularities in the new regulations regarding setbacks for all new parking lots. He will come back with a proposal.
Mr. Bloom made a motion to adjourn. Seconded by Mr. English
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved
The meeting adjourned at 9:47 p.m.
| 
