MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
31 Pecks Lane, Newtown, Connecticut November 19, 2009
Present: Ms. Dean; Ms. Brymer; Mr. Bloom; Mr. Mulholland and Mr. English. Alternates: Mr. Belden, Mr. Cruson and Mr. Pozek. Also present. George Benson, Land Use Director and Attorney Robert Fuller.. Clerk: Ms. Wilkin
The meeting was opened at 7.40 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 ATTORNEY ROBERT H. HALL FOR A PROPOSED AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT SUBSECTIONS 1.08.100 AND 5.02.355 AS CONTAINED IN A CERTAIN DOCUMENT ENTITLED “PROPOSED AMENDMENT TO NEWTOWN ZONING REGULATIONS AMENDMENT TO PERMIT AUTO BODY PAINT SHOPS”
The hearing was opened at 7:41 p.m.
Ms. Dean read the call for the hearing, which was continued.
PUBLIC HEARING
APPLICATION BY ATTORNEY ROBERT H. HALL FOR A PROPOSED AMENDMENT TO TOWN OF NEWTOWN ZONING REGULATIONS AT SUBSECTIONS 8.01.612, 8.01.662 AND 8.01.211 AS CONTAINED IN A CERTAIN DOCUMENT ENTITLED “PROPOSED AMENDMENT TO NEWTOWN ZONING REGULATIONS TEMPORARY DIRECTIONAL SIGNS FOR PROJECTS CONTAINING UNITS FOR ELDERY FAMILIES”
The hearing was opened at 7:42 p.m.
Ms. Dean read the call for the hearing, which was continued.
COMMUNICATIONS AND CORRESPONDENCE
LAND USE DIRECTOR’S COMMENTS
Mr. Benson had nothing to report.
MINUTES
Mr. English moved to accept the minutes of November 5, 2009 with one correction: Mr. Sharpe’s name should be Donald not Arnold. Seconded by Mr. Bloom. The vote was unanimous.
PUBLIC HEARING (Continued)
APPPLICATION 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, 2005, LAST REVISED 10/1/09, SCALE 1” = 100’ FOR PROPERTY SHOWN ON THE ASSESSOR’S MAP 17, BLOCK 1, LOTS 22, 23, 24 AND 25
The hearing was held up to allow the court stenographer to arrive and set up.
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut, representing the applicant submitted a letter addressing comments received from the Conservation Commission in a letter from Joseph Hovious dated November 6, 2009
George Logan, REMA Ecological Services, LLC. 164 Center Street, Manchester, Connecticut submitted a letter responding to Mr. Hovious.
Joseph Hammer, Esq., 242 Trumbull Street, Hartford, representing Spencer Taylor, the intervenor, addressed issues raised at the meeting of October 15, 2009. He felt the most recent revisions still do not meet the criteria of the regulations or the Court requirements.
Michael Klemens , POB 432, Falls Village, Connecticut submitted a letter dated November 19, 2009 addressing various issues raised at the October 15, 2009 meeting. Also submitted was a copy of Page 248 from “A Dictionary of Geology”
By John Challinor 1967 describing the meaning of Talus. He contradicted Mr. Logan’s claims, stating that he thought the proposed development would damage talus, the ecosystem and mature forest. No comprehensive ecological survey had been done on the property. He submitted a copy of Application Review submitted to the City of Stamford Environmental Protection Board of an Application for a Permit to Conduct Regulated Activities prepared by REMA Ecological Services January 10, 2002.
Marc Goodin, P.E., Meehan & Goodin, P.C., 387 North Main, Manchester, Connecticut, submitted two reports on his findings dated November 19, 2009.
Mr. Hammer submitted a letter from Mr. Hall to Mr. Logan dated April 23. 2008, a copy of Mr. Logan’s testimony before the Danbury Superior Court 12/17/08 and 12/18/08, a copy of a letter from Mr. Hall to Mr. Fuller dated 7/3/08. He felt they had proved unreasonable harm to the environment and asked the Commission to deny the application.
A recess was called at 9:10 p.m.
The meeting reconvened at 9:20 p.m.
Mr. Hall responded to the comments raised and submitted a copy of Conservation Commission Minutes of their 10/13/09 and 10/27/09 meetings. He added that easement restrictions are only relevant on Lot 19.
Mr. Edwards responded to comments raised stating that the water quality basin meets all requirements and that the DEP will be the last word in compliance before they issue a discharge permit.
Mr. Logan stated that biodiversity of the site will not change pre/post development. He had not changed his opinion stating that in his professional opinion there would be no unreasonable pollution of the lake.
Also submitted was Proposed Findings Submitted by Intervening Party Spencer Taylor and Preamble and Discussion of the Court’s Charge to This Commission.
Both attorneys summarized their findings. Mr. Fuller suggested that they submit written findings. The Commission will take the time to review them and the other submissions. Mr. Fuller will give his recommendations at the meeting of December 3, 2009, at which time the decision will be sent to the Judge.
The hearing was closed at 10:35 p.m.
ADJOURNMENT
Mr. Mulholland made a motion to adjourn. Seconded by Mr. Bloom. The vote was unanimous.
The meeting adjourned at 10:37 p.m.
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