MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut May 7, 2009
Present: Ms. Dean; Mr. Bloom; Mr. Mulholland and Mr. English. Alternates: Mr. Cruson seated for Ms. Brymer and Mr. Belden. Also present. George Benson, Land Use Director. Clerk: Ms. Wilkin
The meeting was opened at 7.38 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)
APPLICATION BY THE TOWN OF NEWTOWN PLANNING & ZONING COMMISSION TO AMEND THE TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE V, SECTION 5.06.490 PERTAINING TO AN AUTOMOBILE REPAIRER’S GARAGE EXCEPT WITHIN THE AQUIFER PROTECTION DISTRICT AS SHOWN IN A CERTAIN DOCUMENT ENTITLED “TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION PROPOSED AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS ARTICLE V, SECTION 5.06.490 PERTAINING TO AN AUTOMOBILE REPAIRER’S GARAGE EXCEPT WITHIN THE AQUIFER PROTECTION DISTRICT” DATED FEBRUARY 20, 2009 AND REVISED ON APRIL 2, 2009
Ms. Dean recapped the amendment after which she asked to hear from the public.
Greg Brauneisen, Esq., 148 Deer Hill Avenue, Danbury, Connecticut addressed the Commission on behalf of his client, Hilarios LLC. He said there was ample property in the B-2 zone to accommodate a repair garage. He distributed his own proposed amendment.
Harvey Hubbel, 730 Lakeside Drive, North Palm Beach, Florida owns property in Newtown. He considered the site under discussion was ideal for this use adding that the town needed service business and associated tax revenue.
Don Mitchell, 8 Bud Drive, Newtown, Connecticut said that the site was on a dangerous stretch of road and perhaps the timing is wrong.
Mike Alds, 10 Bud Drive, Newtown, Connecticut expressed concern about outside repairs which would add to the noise pollution.
The hearing was closed at 8:53 p.m.
Mr. Bloom moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the Application by this Commission to amend the Town of Newtown Zoning Regulations at Article V, Section 5,06,490 pertaining to a public garage except within the Aquifer Protection District as shown in a certain document entitled “Town of Newtown Planning and Zoning Commission Proposed Amendment to the Town of Newtown Zoning Regulations Article V, Section 5.06.490 Pertaining to An automobile repairer’s garage except within the Aquifer Protection District” dated February 20, 2009 and revised on 4/2/09 and 5/7/09
5.06.490 – A public garage to be allowed in the M-5 Zone with a Special Exception, except within the Aquifer Protection District provided the following criteria are satisfied:
· One public garage per lot as described herein
· Any Special Exception granted hereunder shall be contingent upon the applicant subsequently obtaining a certificate of approval of location from the Zoning Board of Appeals pursuant to the relevant motor vehicle laws of the State of Connecticut.
· No public garage shall have any entrance or exit within 300 feet of any public park, playground, school, church, library, theater, hospital or other public garage or filling station or on an intersecting street within 300 feet measured along street lines from said entrance or exit.
· No public garage permitted by this section shall be deemed to become nonconforming through the subsequent erection of one of the buildings mentioned in the third bullet point above in this section.
· A public garage located in the M-5 Zone shall not engage in the repair of vehicles outside of the enclosed bay areas of the public garage
· A public garage located within the M-5 Zone shall have all vehicles parked solely within designed parking spaces on the lot and the parking area shall be screened from adjacent lots or roadways by a solid fence, structure, natural buffer or planted buffer
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the reasons for amending the regulations are as follows:
To allow a public garage in the M-5 zone
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 May 18, 2009
Seconded by Mr. English
Mr. Cruson did not see any compelling reason for the amendment.
Ms. Dean noted that there are few manufacturing areas in town. Flexibility is required so certain property is utilized, increasing the tax base. The amendment is to expand uses in M-5 zones.
Mr. Bloom said the site on Edmund Road is idea for this use as it is in an industrial area.
After further discussion the Commission voted to table the vote so they could look further into the mapping.
PUBLIC HEARING
APPLICATION BY TOWN OF NEWTOWN PLANNING & ZONING COMMISSION FOR AN AMENDMENT TO TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE III, SECTION 3.03.700 PERTAINING TO ARCHAEOLOGICAL HISTORICAL AND CULTURAL RESOURCES PRESERVATIONS AS CONTAINED IN A CERTAIN DOCUMENT ENTITLED “TOWN OF NEWTOWN, CT AMENDMENT TO THE SUBDIVISION REGULATIONS” DATED MARCH 31, 2009
The hearing was opened at 8:14 p.m.
Ms. Dean read the call for the hearing and the correspondence in the file. She asked Mr. Cruson to address the Commission regarding the application.
Mr. Cruson said that this would allow the Historical Society to get to certain properties before possible artifacts were destroyed by development. It would be a three phased process beginning at the pre-application. This would be one more thing required prior to development.
Mr. Bloom considered the process unfair to contractors.
The Commission discussed the matter further
Robert Hall, 5 Nettleton Avenue, Newtown, Connecticut joined the discussing. He felt that too much reliance is made on the GIS map. The Commission noted that this is just a tool.
The hearing was closed at 9:20 p.m.
Mr. Bloom 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 pertaining to Archeological Historical and Cultural Resources Preservations as written in a certain document entitled “Newtown Planning and Zoning Commission Amendment to the Subdivision Regulations Pertaining to Archeological, Historical and Cultural Resources Preservations” dated March 31, 2009, revised 4/28/09 and 5/7/09
3.03.700 Archeological Historical and Cultural Resources Preservations
3.03.701 Subdivisions and re-subdivisions shall be laid out to preserve all significant natural, cultural, historical and archaeological features. These shall be noted on the subdivision site and mapped on an Archaeological Historical and Cultural Resources Map derived from expert testimony to be of significant historical or cultural value
3.03.702 For the purpose of these regulations, the following items and words shall have the following meanings:
a. Archaeological Site:
“areas of historic, prehistoric or symbolic importance, upon which occurred important historic or pre-historic events, or which are importantly associated with historic or pre-historic events or persons or cultures, or which were subject to sustained historic or pre-historic activity of map…” (from the Department of the Interior’s definition as published in Preparation of Environmental Statement and Guidelines for Discussion of Cultural Resources)
b. Archaeological Surveys:
Professionally conducted surveys, carried out in accordance with the standards and guidelines described in the Environmental Review Primer consisting of the following levels of investigation: Archaeological Assessment Survey (Phase 1) Reconnaissance Survey (Phase 2), and Intensive Survey of Data Recovery Program (Phase 3.)
c. Cultural Resources
Consists of historic and pre-historic archaeological sites and standing structures; cemeteries, human burials, human skeletal remains and associated funerary objects and distribution of cultural remains and artifacts,
d. Environmental Review Primer:
The Environmental Review Primer for Connecticut’s latest edition as published or available from the State Historic Preservation Office or the State Archaologist.
e. Professional Archaeological Consultant:
A professional archaeologist who has professional training and experience and is included in the State Archaeologist and the Connecticut/State Historic Preservation Office list of recognized professional archaeologists
3.03.703 An Archeological Assessment Survey shall be completed on any subdivision submitted to the Commission. Results of the survey can be supported by the Newtown Archeological and Historical Sensitivity Map, generated by the Newtown GIS Department. If an Archeological Assessment Survey is significant, a complete Archaeological Assessment Survey and Review Primer and shall accompany the application. The survey and report, prepared at the applicant’s expense, shall be conducted by a professional archaeologist with credentials recognized by the State Historical Preservation Office or the Office of the State Archaeologist
3.03.704 Where any portion designated for development within a subdivision tract lies within an area identified as significant by the Archaeological Assessment Survey, an Archaeological Reconnaissance Survey and Report shall be conducted at the applicant’s expense.
3.03.705 The Archaeological Reconnaissance Survey and Report shall specifically identify, locate and describe all archaeological and historical resources of the site and shall identify their boundaries. The report shall also analyze and evaluate the archaeological and environmental data and shall include mapping of resource-free areas
3.03.706 If a site is determined by the Commission, in its review of the application, to possess significant archaeological or historical merit, it shall withhold approval of the plan unless the applicant:
a. Restricts the full extent of the area found to possess historical or archaeological significant, so as to preserve the same area free from development, by means of a permanent preservation easement granted to the Town or a recognized conservation entity, with perpetual rights to conduct limited archaeological research on the same area at reasonable times, or
b. Conducts, at the applicant’s expense, an Intensive Archaeological Survey and data recovery program. The professional conducting the survey and the methods used shall meet the requirements cited in Section 3.03.702. This survey and report shall clearly identify the portions of the site area which may be developed without detriment to the site’s archaeological, historical and cultural context, significance and integrity.
3.03.707 If a site contains development within areas where an Intensive Archaeological Survey has been conducted, the Commission shall seek to maximize the protection and in situ preservation of archaeological resources. The preservation program shall become a binding condition of any subdivision approval and the subdivision map approved by the Commission shall clearly delineate the areas to be preserved or protected and the conditions which govern their use. The applicant shall be responsible for all costs associated with the preservation program.
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the reasons for amending the regulations are as follows:
To preserve all significant natural, cultural, historical and archaeological features in an approved subdivision.
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 May 18, 2009
Seconded by Mr. Cruson
Ms. Dean Yes Mr. Bloom
No Mr. Mulholland Yes Mr. English
Yes Mr. Cuson Yes
Motion approved.
DISCUSSION AND POSSIBLE ACTION
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION WILL VOTE WHETHER TO RATIFY AND CONFIRM THE PRIOR VOTE OF APRIL 2, 2009 TO SETTLE THE LAWSUIT “NEWTOWN MAIN, LLC VS. THE PLANNING AND ZONING COMMISSION OF THE TOWN OF NEWTOWN BY APPROVING THE ZONE CHANGE REQUEST FROM GENERAL BUSINESS ZONE B-2 TO SPECIAL DEVELOPMENT DISTRICT #3 AND AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT SECTION 6.06 FOR PROPERTY LOCATED AT 47-49 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “SITE PLAN WALGREENS PROP. PHARMACY, 47-49 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT” DATED JULY 9, 2008 AND REVISED 10/15/08, SCALE AS SHOWN, WITH MODIFICATIONS AS INDICATED IN THE PLAN TITLED “CONCEPTUAL LANDSCAPE PLAN”, DATED MARCH 11, 2009 BY DIDONA ASSOCIATES SHEETS LC-2, ASSESSOR’S MAP 28,
BLOCK 7, LOTS 8 & P. THE COMMISSION FURTHER AUTHORIZES THE TOWN COUNSEL TO MOVE FORWARD WITH THE SUPERIOR COURT HEARING REQUIRED BY SECTION 8-8n CGS
Ms. Dean moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the Town of Newtown Planning and Zoning Commission will vote whether to ratify and confirm the prior vote of April 2, 2009 to settle the lawsuit “Newtown Main, LLC vs. The Planning and Zoning Commission of the Town of Newtown” by approving the zone change request from general business zone B-2 to Special Development District #3 and amendment to the Town of Newtown Zoning Regulations at Section 6.06 for property located at 47-49 South Main Street, Newtown, Connecticut, as shown on a certain map entitled “Site Plan Walgreens Prop. Pharmacy, 47-49 South Main Street, Newtown, Connecticut” dated March 11, 2009 by Dodona associates Sheet LC-2. Assessor’s Map 28, Block 7, Lots 8 and 9. The Commission further authorizes the Town Counsel to
move forward with the Superior Court hearing required by Section 8-8n CGS
SHALL BE APPROVED with the following conditions:
· The height of the building conforms with the current zone
· The signs comply with existing Zoning Regulations, to be approved by the Commission
· Phase II environmental study be completed and all remediation required be done.
BE IT FURTHER RESOLVED that the Commission finds that the zone map change is consistent with:
· The purpose and intent of the South Main Village District SMVDD) at Section 4.27.100
· The design criteria for the SMVDD at Section 4.27.420
· The compatibility objectives for the SMVDD at Section 4.27.430
· The purpose and intent of the Special Development District #3 at Section 4.29, and
· The Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that this approval shall become effective May 18, 2009
Vote: Ms. Dean Yes Mr. Bloom
Yes Mr. Mulholland No Mr. English
Yes Mr. Cuson Yes
Motion approved.
COMMUNICATIONS
MINUTES
Mr. English moved to approve the minutes of April 16, 2009 as submitted Seconded by Mr. Mulholland. The vote was unanimous.
GENERAL DISCUSSION
Ms. Dean moved to allow Bashert Development to extend their sales office and model unit at “The Woods at Newtown”. Seconded by Mr. Mulholland. The vote was unanimous.
The Town cannot expand the water line and sewers due to financial constrants.
Ms. Dean updated the Commission on a meeting she, Mr. Mulholland and Mr. Benson had with other Town Commissions. It was considered a very constructive and informative meeting.
Mr. Cruson made a motion to adjourn. Seconded by Mr. English
Vote: Ms. Dean Yes Mr. Bloom
Yes Mr. Mulholland Yes Mr. English
Yes Mr. Cuson Yes
Motion approved.
The hearing was adjourned at 9:54.p.m.
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