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8-20-09
MINUTES
Newtown Planning and Zoning Commission

Land Use Office                                                       Regular Meeting
31 Pecks Lane, Newtown, Connecticut                   August 20, 2009

Present:  Ms. Dean; Ms. Brymer; Mr. Bloom; Mr. Mulholland and Mr. English.  Alternate: Mr. Belden.  Also present.  George Benson, Land Use Director.  Also present:  Attorney Robert Fuller.  Clerk:  Ms. Wilkin

The meeting was opened at 7.34 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 REFERRAL

REFERRAL PER CSG 8-24 FROM THE BOROUGH OF NEWTOWN APPLICATION FOR REVIEW OF THE TRAFFIC ASSESSMENT FOR SPECIAL EXCEPTION, SITE DEVELOPMENT PLAN AND VILLAGE DISTRICT APPROVALS BY YOUNG PROPERTIES, LLC, FOR CONSTRUCTION AT 25 CHURCH HILL ROAD, NEWTOWN, CONNECTICUT

Mr. English moved to approve the mandatory referral.  Seconded by Mr. Bloom.  The vote was unanimous.

PUBLIC HEARING

APPLICATION BY HUNTER RIDGE LLC FOR A 14 LOT RE-SUBDIVISION, 29,766 ACRES AS SHOWN UPON A CERTAIN SET OF MAPS ENTITLED “RESUBDIVISION PLAN, LOTS 1, 6, 7 & PARCEL A, ROCHAMBEAU WOODS, PREPARED FOR HUNTER RIDGE, LLC, MT. PLEASANT ROAD, U.S. ROUTE 6, NEWTOWN, CONNECTICUT” DATED JANUARY 3, 3005, LAST REVISED MAY 27, 2009, SCALE 1” = 100’ FOR PROPERTY SHOWN ON THE ASSESSOR’S MAP 7, BLOCK 1, LOTS 22, 23, 24 AND 25

The hearing opened at 7:36 p.m.

Ms. Brymer read the call for the hearing

Ms. Dean read the correspondence in the file, then asked to hear from the applicant.

Robert Hall, Esq., 43 Main Street, Newtown, Connecticut, representing the applicant distributed copies of the Judge’s ruling that he had highlighted and added handwritten comments.  He gave a brief overview and history of the application.  The Commission had previously questioned fee in lieu of open space, which Mr. Hall disputed because the approved subdivision was created in 1970 when open space was not required.  The Commission subsequently approved fee in lieu when Mr. Taylor filed for intervenor status.  The original plans of 2005 were modified and re-submitted in 2007.  A subsequent modified plan was submitted.

Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut explained the one minor change that was to the catch basin.

Mr. Fuller read State Statute 22a19 and how it applies to this application.  Water quality is at question.

Mr. Hall said there had been considerable discussion about preserving large trees and talus slopes.  

Ms. Dean advised that the Commission had walked the property with Robert Sibley, Deputy Director of the Land Use Agency using the GIS system.  They were all very familiar with the property.  She asked if the edge of the pond could be protected from erosion.

Mr. Hall submitted photos of the site explaining where the lots were proposed.  He agreed to protect the edge of the pond as requested.

Mr. Edwards addressed the Town Engineer’s comments.  The stormwater management manual had been met.

George Logan, REMA Ecological Services, LLC. 164 Center Street, Manchester, Connecticut became involved with the application after the intervenor status had been filed.  He suggested some modifications.  He had spent time looking into, but found no evidence, of box turtles on the site.  Protecting the pond from phosphorous pollution was the primary concern.  He was confident that they exceeded the 2002 erosion and sediment guidelines.

Ms. Dean asked for assurance that the large, beautiful trees on site would be preserved and no logging would take place.  Mr. Hall said they will remove only what they have to for construction.

A recess was called at 9:48 p.m.  

The meeting reconvened at 9:55 p.m.

Joseph Hammer, Esq., 242 Trumbull Street, Hartford, representing Spencer Taylor, the intervenor asked for time to digest the new submissions so they could present their argument at a future meeting.  The Notice of Intervention was submitted.  He asked the Commission if he and/or their experts could walk the property using the revised map.  On behalf of the applicant, Mr. Hall denied him access.  Ms. Dean asked Mr. Hall to reconsider, but he was adamant.

The hearing was continued till the meeting of September 17, 2009.

DISCUSSION AND POSSIBLE ACTION

POND PERMIT APPLICATION

APPLICATION BY NORMAN NAGY FOR A POND PERMIT FOR CLEANING AND MAINTENANCE OF COGER POND, COLD SPRING ROAD, NEWTOWN, CONNECTICUT.

The Commission was still unable to act on this matter until DEP approval was received.

COMMUNICATIONS AND CORRESPONDENCE

LAND USE DIRECTOR’S COMMENTS

Mr. Benson had nothing to report

MINUTES

Ms. Brymer moved to approve the Minutes of August 6, 2009 as submitted.  Seconded by Mr. Mulholland.  The vote was unanimous

ADJOURNMENT

Mr. Bloom made a motion to adjourn.  Seconded by Mr. England.  The vote was unanimous.

The meeting adjourned at 10:22 p.m.