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9-17-09
MINUTES
Newtown Planning and Zoning Commission

Land Use Office                                                         Regular Meeting
31 Pecks Lane, Newtown, Connecticut               September 17, 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 7.37 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

The Commission welcomed Rudoph Pozek as an alternate commissioner.

MANDATORY REFERRAL

REFERRAL FROM THE BOARD OF SELECTMEN PER THE TOWN OF NEWTOWN ROAD ORDINANCE CONCERNING “PETITION FOR DESIGNATION AS SCENIC ROAD” SUBMITTED BY MARIANNE BROWN FOR DESIGNATION AS SCENIC ROAD STATUS FOR A PORTION OF SHERMAN STREET.

The Commission agreed that this application met all scenic road criteria.  Ms. Brymer suggested that the first 50ft from Route 34 should be exempt for safety reasons.  The Commission concurred and unanimously agreed to the designation of scenic road to Sherman Street.  Ms. Dean will confirm this decision in writing

COMMUNICATIONS AND CORRESPONDENCE

REQUEST BY BROM ENTERPRISES TO AMEND A SPECIAL EXCEPTION TO INCREASE PARKING AND TOTAL COVERAGE AND TO MOVE THE BUILDING AND PARKING BACK TO PROVIDE FOR AN ADDITIONAL ROW OF PARKING.

The Commission discussed the matter and found no reason to deny the request.  Ms. Dean will send a letter confirming their decision to the owner/developer.

PUBLIC HEARING (Continued)

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

Joseph Hammer, Esq., 242 Trumbull Street, Hartford, representing Spencer Taylor, the intervenor presented an opposing view of the proposed development as submitted.  The intervenor wants to protect the talus slope and wooded area on the site to prevent erosion and water runoff into Taunton Lake.  They wanted to show that all three plans are detrimental to the environment and lots 17, 18 and 19 should not be developed.

Dr. Michael Klemens, Ecologist, 230 Housatonic River Road, Salisbury, Connecticut went through his qualifications.  He was acting as a consultant to the intervenor.  He thought this development would unreasonably harm the environment of the site.  There was very little difference between all three designs as far as environmental impact is concerned.  He described the topography of the site and environmental features.  A written copy of his findings were distributed to the Commissioners and file.  He did not think it advisable to build below the talus rock down to the lake.

Marc Goodin, P.E., 387 North Main, Manchester, Connecticut, explained his expertise, stating that he was hired by the intervenor to review the application pertaining to natural resources.  He found very little difference between the three plans that had been presented since 2005.  He identified numerous watersheds and stated that natural resources and talus slopes were not defined on the plans and there were no calculations for control of soluble pollutants.  Details of his findings were spelled out in his report that is in the file.  He concluded that lots 15 – 19 should be combined and that there should be no building at all below the talus slope, thereby directing runoff away from the lake.

A recess was called at 9:50 p.m.

The meeting reconvened at 9:58 p.m.

Mr. Hammer concluded that all three plans would cause substantial and unreasonable harm to the natural resources.  There was inadequate protection of the water and felt the design was driven by density.  They thought eleven lots would be preferable.  He requested any rebuttal data by Mr. Hall be submitted with enough time to digest it before the next meeting.

Ms. Dean asked to hear from the public.

Pat Barkman, 49 Taunton Lake Road, Newtown, Connecticut currently sees rock and sediment flow into the lake, which concerns her.   She submitted a letter from Eileen McEvoy, 27 Taunton Lake Road, Newtown, to the file.  

Kevin Kohn, 75 Taunton Lake Road, Newtown, Connecticut, expressed concern about what he had heard and hoped the Commission to decide with due diligence.

Frank Hufner, 157 Brushy Hill Road, Newtown, Connecticut, President of the Newtown Fish and Game Club was in favor of the application.

Jane McEvoy, 51 Taunton Lake Road, Newtown, Connecticut, asked the Commission to consider the suggested changes and appreciated everyone’s time spent on this matter.

Mr. Hall submitted a request for continuance in order to respond to the matters raised.  The hearing was continued till the next meeting of October 1, 2009.

LAND USE DIRECTOR’S COMMENTS

Mr. Benson discussed with the Commission requested sign modifications at Plaza South.  After a brief discussion the Commission would like to research the road sign before approving any changes.

OTHER MATTERS

Ms. Dean noted that the Land Use Office will be moving to their new location at Fairfield Hills on October 8, 2009, although the Commission meetings would continue at Pecks Lane through November.  

ADJOURNMENT

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

The meeting adjourned at 10:52 p.m.