MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut July 3, 2008
Present: Ms. Dean, Mr. Bloom, Ms. Brymer, Mr. Mulholland, Mr. English. Alternate: Mr. Cruson. Also present: George Benson, Land Use Director, Rob Sibley, Deputy Land Use Director, Ed Marks, Chairman, Parks and Recreation Commission, Pat Barczyk, Member, Parks & Recreation Commission, Rob Schmidt, President, Babe Ruth
Baseball, two members of public, one member of press. Clerk: Ms. Mazur
The meeting was opened at 7:30 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
APPLICATION BY THE TOWN OF NEWTOWN PARKS AND RECREATION DEPARTMENT FOR AN AMENDMENT TO A SPECIAL EXCEPTION TO INSTALL SPORTS FIELD LIGHTING FOR THE BASEBALL FIELD AT 46 MILL HILL ROAD, NEWTOWN, CT., ASSESSOR’S MAP 37, BLOCK 3, LOT 1.D.
The hearing was opened at 7:31 p.m.
Ms. Brymer read the call for the hearing
Carl Samuelson, Assistant Director of Parks and Recreation, addressed questions raised by the Commission at the previous meeting. He said that there would be 270 linear feet of parking in front of Kent House, enough for fall baseball and 30 paved temporary parking in front of Kent. There would also be temporary parking behind the field. The parking is scheduled to be finished by November 1 when the Newtown Youth Academy opens. At Treadwell there are two lights poles 60 feet high, two 70 feet high and four 80 feet high. At the new field there would be four 70 feet high and four 80 feet high. The lights are turned off by computer automatically. There will be a number to call to manually turn the lights off or on if needed.
David Steiner, 6 Nunnawauk Road, asked if the field is going to be open until 10:00 p.m. and who will monitor that no one is staying around in the middle of the night. Ms. Dean suggested that Mr. Steiner contact the Fairfield Hills Authority. Mr. Steiner objects to this until he gets an honest answer. He said that the police are not good about responding. He is also concerned with light pollution. He asked if all the fields will be lit as he said that this is disruptive to the neighborhood.
Rod Schmidt, 17 Plumtrees Road, is president of Babe Ruth Baseball. He said that we need new big fields as the registration in Babe Ruth is up 50%; this field will address 14-15 and under 19 year olds and High School groups. He said we either need to light the field or build another field which would cost more.
Ed Marks, 3 Sweet Meadow, is the Chairman of the Parks and Recreation Commission. He said that three high school and one middle school team use the fields every day and they are usually not done until 6:15. There will be locked gates but in the spring Mr. Marks feels that the campus will be open twenty-four hours because there will be tenants.
Mr. Steiner asked if there would be games every night, to which Mr. Samuelson said that there are 4-5 nights a week at Treadwell and this field would probably be the same.
The hearing was closed at 7:56 p.m.
ACTION
Mr. English moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the Application by the Town of Newtown Parks and Recreation Department for an amendment to a special exception to install sports field lighting for the baseball field at 46 Mill Hill Road, Newtown, CT., Assessor’s Map 37, Block 3, Lot 1.D.
SHALL BE APPROVED with the following conditions:
1. Lights shall be shut off by 10:00 p.m. each night.
2. A sign shall be posted with the telephone number for the public to call about shutting off the lights.
BE IT FURTHER RESOLVED that the application is consistent with the purpose and intent of the Town of Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that the Commission finds that the application meets the standards and criteria for a special exception as set forth in Section 11 of the Zoning Regulations and the application to be consistent with the Fairfield Hills Adaptive Reuse (FHAR) zone.
BE IT FURTHER RESOLVED that this approval shall become effective on August 15, 2008.
Seconded by Mr. Bloom.
Vote: Ms. Dean Yes
Mr. Bloom No
Ms. Brymer Yes
Mr. English Yes
Motion approved
CORRESPONDENCE/COMMUNICATIONS
DISCUSSION OF PROPOSED AMENDMENTS TO THE ZONING AND
SUBDIVISION REGULATIONS CONCERNING OPEN SPACE. Mr. Sibley said that the intent of the amendments is to marry State and Federal agencies say that we should look at and what should be the criterion. Ms. Dean said that there have been some problems with storm water structures on open space. Mr. Sibley said that these amendments do not address this issue. He said that water quality and habitat will remain the same and that trail systems will be addressed.
The Commission endorses the proposed amendments. A public hearing will be schedule for August 6.
AFFORDABLE HOUSING.
Ms. Dean noted that the Fairfield Hills Authority was not receptive to using the six duplex houses on the campus for affordable housing. The Planning and Zoning Commission would like to pursue a grant for $50,000 with the state for this purpose. Mr. Mulholland said that the Fairfield Hills Master Plan calls for those houses to be used for low income housing and that was part of the $21 million bond that the Town voted for. Mr. Benson noted that a modification to the Master Plan had a table with the affordable housing crossed out but that Planning and Zoning only approved two sections of that document, 1) using Bridgeport Hall for municipal offices and 2) not using Shelton Hall for municipal offices. Ms. Dean noted that the State has a Housing Incentive Zone. She recommends using the Fairfield Hills houses as a pilot
project. Mr. Benson suggested that a grant be applied for that would consider affordable housing for the entire town not only Fairfield Hills but the Commission will apply only for consideration for Fairfield Hills.
Ms. Brymer said that we need: a landscape plan to incorporate the existing houses, also that we need legal advise concerning long term planning that the Fairfield Hills Authority requires; we should give the right of first refusal to the Town of Newtown employees and we need an artist’s rendering of the plan. She said we also need to mark the boundaries to be sure that the density requirements are met. Also if the houses are open to Town employees perhaps this would lure Town employees to live in town.
Mr. English distributed “ST. JOSEPH PROJECT.” (Exhibit “A”). He attended a meeting with First Selectman Borst concerning affordable housing.
Mr. Bloom moved the following:
RESOLUTION: That the Planning and Zoning Commission of the Town of Newtown endorses submission of the grant application for assistance under the Housing for Economic Growth Program referenced in Section 8-13(m-x) of CGS and certifies that it will consider the creation of one or more housing incentive zones. Such grant application is attached to and made a part of this record.
Second by Ms. Dean.
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion was approved.
Ms. Dean asked that the Commissioners make a list of legal questions that they have for Attorney Dave Grogins to answer at a future meeting.
SUBDIVISIONS WITH ROAD WORK TO BE COMPLETED.
Town Engineer Ron Bolmer reviewed Roads that should have been completed in 2005, 2006 and 2007 (Exhibit “B”).
BOROUGH HISTORIC DISTRICT EXPANSION. Ms. Dean distributed “REPORT OF THE HISTORIC DISTRICT STUDY COMMITTEE FOR THE PROPOSED EXPANSION TO THE HISTORIC DISTIRCUT OF THE BOROUGH OF NEWTOWN Established in 1996” (Exhibit C).
Ms. Dean explained that the Borough would like to make a restatement of the Historic District to add properties and that this is a referral to the Planning and Zoning Commission. The Planning and Zoning Commission approves of the addition of these properties to the Historic District.
Attorney Robert Hall requested an extension of 28 days of the 65 days extension allowed to open the public hearing for Walgreens. The Commission agreed to the extension.
PLAZA SOUTH.
Mr. Benson reported that Plaza South would like to install metal guard rails rather than the wood rails that were approved by Planning & Zoning in 2006. The Commission requested that the applicant file an application for amendment to their special exception.
FAIRFIELD HILLS PARKING.
Mr. Samuelson said that Parks and Recreation feels that the parking would be too close to the ballfield and that balls could hit cars. They would like to move some parking, move the road over ten to fifteen feet and plant trees where there is now parking. Mr. Benson noted that this is under the purview of the Fairfield Hills Authority rather than Planning and Zoning.
MINUTES.
Minutes of 4/17/08 shall be amended to add:
Moved by Ms. Brymer:
Be it Resolved by the Newtown Planning and Zoning Commission that the application by the Town of Newtown Planning and Zoning Commission for zone map changes to certain properties currently zoned F&R-2 and F&R-1 to be changed to BPO in their entirety as contained in a certain document 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 or F&R-2 &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.
Shall be approved
Be it Further Resolved that the zone changes are necessary to maintain consistency between the Zoning Regulations and the Zone Map for the Town of Newtown and that the Commission finds that the zone changes are appropriate to the land uses and properties where the changes are made.
Be it Further Resolved that the zone changes are consistent with the implementation of the recommendations of the Newtown Plan of Conservation and Development.
Be it Further Resolved that the zone changes shall become effective on April 28, 2008.
Second by Mr. Mulholland.
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Motion approved.
Minutes of 6/19/08
Motion approved
EXECUTIVE SESSION
Mr. Bloom moved to enter executive session at 9:30 p.m. to discuss a legal matter, seconded by Mr. Cruson.
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Mr. Cruson Yes
Executive session ended at 9:42 p.m.
Motion was made and seconded to instruct the Town Attorney, Robert Fuller, to treat the case of David French, The Hunter Ridge Subdivision, Settlement of Subdivision Appeal, as settled with an imposition of $350,000 fee in lieu of open space with the stipulated approval by the Newtown Planning and Zoning Commission of the 2005 plan subject to whatever outcome there may be as a result of the intervention by Mr. Spencer Taylor.
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Mr. Cruson Yes
Motion to adjourn was made and seconded.
Vote: Ms. Dean Yes
Mr. Bloom Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. English Yes
Mr. Cruson Yes
The meeting adjourned at 9:45 p.m.
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