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5-21-09
MINUTES
Newtown Planning and Zoning Commission

Land Use Office                                                       Regular Meeting
31 Pecks Lane, Newtown, Connecticut                   May 21, 2009

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.  Notice is made that the entire meeting was taped and can be heard in the Planning and Zoning Office, 31 Pecks Lane, Newtown, Connecticut

MANDATORY REFERRALS

MANDATORY REFERRAL FROM THE BOROUGH OF NEWTOWN ZONING COMMISSION AS PER CGS 8, PROPOSED AMENDMENT TO THE BOROUGH OF NEWTOWN ZONING REGULATIONS AT 8.04 (1) and 10.00 (K).

Don Mitchell, Esq., Attorney for the Borough explained that this proposal is to bring approved applications for special exceptions, site plans, village districts into conformity.  They want all processes to be for one year with only one extension.  After a brief discussion the Commission considered this to be reasonable.  Ms. Dean will write to the Borough.

MANDATORY REFERRAL FROM THE BOROUGH OF NEWTOWN ZONING COMMISSION AS PER CGS 8,  PROPOSED AMENDMENT TO A VILLAGE DISTRICT, SPECIAL EXCEPTION AND SITE PLAN APPLICATION FOR MY PLACE INC.  THE PURPOSE OF THE APPLCATIONS ARE TO ALLOW THEM TO HAVE OUTDOOR PATIO DINING AT MY PLACE AT 8 QUEEN STREET

Mr. Benson explained the amendment, which should have been put in originally when they received zoning change to allow the building of outdoor patios.  After a brief discussion the Commission had no problem with it.  Ms. Dean will write to the Borough
DISCUSSION AND POSSIBLE ACTION

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
COMMUNICATIONS

Ms. Brymer briefed the Commission on the reason for the proposed change.  The Commission discussed the pros and cons of the proposed change, after which Ms. Brymer 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 a public garage except within the Aquifer Protection District” dated February 20, 2009 and revised 4/2/09 and 5/21/09

SHALL BE APPROVED

BE IT FURTHER RESOLVED that the reasons for amending the regulations are as follows:

        To allow for 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 tha the amendments shall become effective on June 1, 1009.

Seconded by Mr. Bloom
                                                Ms. Dean                Yes
                                                Mr. Bloom               Yes
                                                Ms. Brymer              Yes
                                                Mr. Mulholland  No      
                                                Mr. English             No.
Motion approved


COMMUNICATIONS

DISCUSSION REGARDING REGENCY AT NEWTOWN BY TOLL BROTHERS, OAKVIEW ROAD CONCERNING

        1)      Relocating second bedroom with elevator, and
        2)      Loft powder rooms

Dave Bauer, Toll Brothers Regency, Oak Ridge, Newtown, Connecticut explained the request, They have lost a number of sales due to the current restrictions.  After a brief discussion the Commission had no problems with the proposal.

The Commission discussed the matter of the island at the entrance to The Regency.  Mr. Benson noted that the Fire Department had considerable difficult negotiating the entrance.  They would like to see the island’s current width of 9’ reduced.  Mr. Benson will see if 4’ would be acceptable.  In response to a Petition signed by twenty-five of the twenty-six current occupants of units, the Commission explained the reason for having the exit one way only.

MINUTES

Mr. English made a motion to approve the Minutes of May 7, 2009 as submitted.  Seconded by Mr. Bloom.  The vote was unanimous.

Ms. Dean referred to a communication from HVCEO to hold meetings regarding curb cuts.  The Commission discussed various people suggested to form a Committee.

The meeting of June 4, 2009 is cancelled.  The Commission will next meet on June 18, 2009.

LAND USE AGENCY DIRECTOR’S COMMENTS

Mr. Benson advised the Commission of a proposed regulation change that would allow drive up windows at pharmacies throughout the town.  The Commission agreed that the matter should be prepared for public hearing.

COMMUNICATIONS

The Commission discussed a request by the Hawleyville R.R. who want to increase the amount of contaminated debris currently being transported out of the area by rail.  Mr. Benson said this does not come under local jurisdiction but he will update the Commission of the status.  Findings should be submitted to the DEP before there is a hearing for a permit application.

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

                                                Ms. Dean                Yes
                                                Mr. Bloom               Yes
                                                Ms. Brymer              Yes
                                                Mr. Mulholland  Yes     
                                                Mr. English             Yes.
Motion approved


The hearing was adjourned at 9:20.p.m.