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P&Z Minutes 6-5-08
MINUTES
Newtown Planning and Zoning Commission

Land Use Office                                                          Regular Meeting
31 Pecks Lane, Newtown, Connecticut                           June 5, 2008

Present: Ms. Dean, Mr. Bloom, Ms. Brymer.  Alternate:  Mr. Belden seated in place of Mr. Mulholland.  Also present: George Benson, Land Use Director.  Clerk:  Ms. Wilkin

The meeting was opened at 7:35 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

CORRESPONDENCE/COMMUNICATIONS

REQUEST BY PARKS AND RECREATION TO INSTALL LIGHTS AT FAIRFIELD HILLS BALLFIELD

Carl Samuelson, Assistant Director, Parks and Recreation distributed information explaining what they plan to propose.  

Ed Marks, Parks and Recreation Commission explained the needs for lights.

The formal application will be prepared for public hearing.

PUBLIC HEARING

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR AMENDMENTS TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE V. SECTION 5.07 STORAGE IN OUTDOOR ABOVE GROUND TANKS S CONTAINED IN A CERTAIN DOCUMENT
ENTITLED “TOWN OF NEWTOWN PLANNING & ZONING COMMISSION AMENDMENT TO THE TOWN OF NEWTOWN ZONING AND SUBDIVISION REGULATIONS PERTAINING TO STORAGE IN OUTDOOR ABOVE GROUND TANKS” DATED MAY 16, 2008

The hearing was opened at 7:48 p.m.

Ms. Brymer read the call for the hearing

The Commission was familiar with the amendments as follows:

Article V, Section 5.07.170  One (1) outdoor above ground tank not to exceed a capacity of 5,000 gallons for the storage of Class 2 fuel for fleet vehicles that are utilized to service the principal use of the property and not for resale or for the storage of material used or consumed in the manufacturing process taking place within the building(s) on the lot, provided that said material is not hazardous or toxic provided it is:

·       Behind the setbacks
·       Located on a side which is not the primary entrance
·       Adequately screened from any view
                In addition Class 2 fuel tanks shall also be:
·       Steel tank with secondary containment construction with concrete enclosure (vault) and in compliance with NFPA-30, UL-142 and UN2085
·       Constructed with a spill containment structure with a volume consisting of 110% of the tank volume
                (add the sections in italics)   

The hearing was closed at 7:55 p.m.

ACTION

Ms. Brymer moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning commission that the application by this Commission for revisions to the Town of Newtown Zoning Regulations at Article V, Section 5.07.170 and pertaining to storage in outdoor above ground tanks as written in a certain document entitled “Newtown Planning and Zoning Commission Amendment to the Zoning Regulations pertaining to Storage in Outdoor Above Ground Tanks” dated May 16, 2008

SHALL BE APPROVED

BE IT FURTHER RESOLVED that the reasons for amending the regulations are as follows:  to include and define the storage of Class 2 fuel for fleet vehicles that are utilized to service the principal use of the property and not for resale

BE IT FURTHER RESOLVED that the amendments are consistent with the Newtown Plan of Conservation and Development

BE IT FURTHER RESOLVED that the amendments shall become effective on June 16, 2008

Seconded by Mr. Belden
                
                                                        Vote:   Ms. Dean                Yes                                                                              Mr. Bloom               Yes
                                                                Ms. Brymer              Yes                                                                              Mr. Belden              Yes
Motion approved

PUBLIC HEARING

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR AMENDMENTS TO THE TOWN OF NEWTOWN ZONING SUBDIVISION REGULATIONS AT ARTICLE II, SECTION 2.03 PERTAINING TO SAFETY, HISTORICAL, ARCHEOLOGICAL, NATURAL OR SCENIC RESOURCES AS CONTAINED IN A CERTAIN DOCUMENT ENTITLED “TOWN OF NEWTOWN PLANNING & ZONING COMMISSION AMENDMENT TO THE TOWN OF NEWTOWN SUBDIVISION EGULATINS PERTAINING TO SAFETY, HISTORICAL, ARCHEOLOGICAL, NATURAL OR SCENIC RESOURCES” DATED MAY 16, 2008

The hearing was opened at 7:58 p.m.

The Conservation Commission will explain how the mapping is to be done at an upcoming meeting.

Robert Hall, 5 Nettleton Avenue, Newtown, Connecticut suggested a few changes in the wording and after a brief discussion the Commission agreed.

Mr. Crusen joined the meeting at 8:06 p.m. and was seated in place of Mr. English.

Following are the amendments:

Article II, Section 2.03.  The land to be subdivided shall be of such character that it can be used for building purposes without danger to the public health, safety and welfare.  Land shall not be subdivided if the subdivision will endanger historical, archeological, natural or scenic resources.  (add the section in italics)

The hearing was closed at 8:17 p.m.

ACTION

Ms. Brymer moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by this Commission for revisions to the Town of Newtown Subdivision Regulations at Article II Section 2.03 and pertaining to safety, historical, archeological, natural or scenic resources as written in a certain document entitled “Newtown Planning and Zoning Commission Amendment to the Subdivision Regulations Pertaining to safety, historical, archeological, natural or scenic resources”, dated May 16, 2008

SHAL BE APPROVED

BE IT FURTHER RESOLVED that the reasons for amending the regulations are as follows:  to include and define safety, historical, archeological, natural or scenic resources.

BE IT FURTHER RESOLVED that the amendment is consistent with the Newtown Plan of Conservation and Development

BE IT FURTHER RESOLVED that the amendment shall become effective on June 16, 2008

Seconded by Mr. Belden
                                                        Vote:   Ms. Dean                Yes                                                                              Mr. Bloom               Yes
                                                                Ms. Brymer              Yes                                                                              Mr. Belden              Yes
                                                                Mr. Crusen              Yes
                                                                
Motion approved

PUBLIC HEARING

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR AMENDMENTS TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE VIII, SECTION 8.03 PERTAINING TO PROHIBITED VEHICLE STORAGE AS CONTAINED IN A CERTAIN DOCUMENT ENTITLED “TOWN OF NEWTOWN PLANNING & ZONING COMMISSION AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS PERTAINING TO PROHIBITED VEHICLE STORAGE” DAED MAY 16, 2008

The hearing was opened at 8:18 p.m.

Ms. Brymer read the call for the hearing

Robert Hall, 5 Nettleton Avenue, Newtown, Connecticut joined the Commission in discussion these amendments:

Article VIII, Section 8.03.720 Prohibited Vehicle Storage

8.03.721        Except for the operable motor vehicles used on farms, vehicles without valid State of Connecticut registration shall not be parked or stored on any lot unless completely enclosed within a building

8.03.722        Outside storage of any piece of construction equipment, dump truck, garbage truck or other heavy truck of a type not ordinarily used as a means of transportation for people is prohibited in all zones

8.03.723        Except for operable motor vehicles used on farms, storage or parking of any piece of construction equipment, dump truck, garbage truck or other heavy truck of a type not ordinarily used as a means of transportation for people is prohibited in farming/residential and BPO zones, unless there is a valid building or construction permit issued for the property (add, new regulation)

Definitions:

Storage:        Vehicles that are parked long term for future use are considered to be in storage (add new definition)

The hearing was closed at 8:25 p.m.

ACTION

Ms. Brymer moved the following:

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by this Commission for revisions to the Town of Newtown Zoning Regulations at Article VIII, Section 8.03.720 and pertaining to prohibited vehicle storage as written in a certain document entitled “Town of Newtown Planning and Zoning Commission Amendment to the Zoning Regulations Pertaining to Prohibited Vehicle Storage ” dated May 16, 2008.

SHALL BE APPROVED

BE IT FURTHER RESOLVED that the reasons for amending the regulations are as follows:  to add the new definition that vehicles that are parked long term for future use are considered to be in storage.

BE IT FURTHER RESOLVED that the amendments are consistent with the Newtown Plan of Conservation and Development.

BE IT FURTHER RESOLVED that the amendments shall become effective on June 16, 2008.

Seconded by Mr. Bloom
                                                        Vote:   Ms. Dean                Yes                                                                              Mr. Bloom               Yes
                                                                Ms. Brymer              Yes                                                                              Mr. Belden              Yes
                                                                Mr. Crusen              Yes
                                                                
Motion approved

MINUTES

Ms. Dean moved to approve the Minutes of May 15, 2008 with the following changes:

Page 1 – Public Hearing – Mr. Cirone……  add:  Mr. Cirone was advised that nothing more could be added to the file once the hearing was closed.

Page 3 – The Commission had many (in place of “no”) questions ….

Page 3 – Correspondence/Communications – Second paragraph:  Ms. Brymer updated the Commission on a response from Bob Jeckle (in place of “meeting”) …

Seconded by Mr. Bloom.  The vote was unanimous

CORRESPONDENCE/COMMUNICATIONS

Robert Hall, Esq., 43 Main Street, Newtown, Connecticut joined the Commission in there discussion about the planned application for property on the corner of South Main Street and Wasserman Way.  Ms. Dean questioned the application under the parameters of a Special Design District.  

The Commission discussed the question of affordable housing in general and Fairfield Hills properties in particular.  Ms. Dean is to meet with HVCEO to discuss options.  Mr. Benson asked to be allowed to apply for a $50,000 grant to study various options.  The Commission agreed.

Mr. Benson explained a package he had distributed to the Commission about Part 5, Chapter 560 – Land Use Citations.  He said that the Town could adopt the State law as an ordinance and asked if he could proceed and apply for its adoption.  The Commission supported the idea.

Mr. Crusen made a motion to adjourn.  Seconded by Mr. Bloom

                                                        Vote:   Ms. Dean                Yes                                                                              Mr. Bloom               Yes
                                                                Ms. Brymer              Yes                                                                              Mr. Belden              Yes
                                                                Mr. Crusen              Yes
                                                                
Motion approved

The meeting adjourned at 9:20 p.m.