MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
Municipal Building February 3, 2011
3 Primrose Street, Newtown, Connecticut
Present: Ms. Dean; Mr. Poulin; Ms. Brymer; Mr. Mulholland.and Mr. Poulin Alternates: Mr. Pozek seated for Mr. Blloom Also present: George Benson, Land Use Director. Clerk: Ms. Wilkin
The meeting was opened at 7.35 p.m. Notice is made that the entire meeting was taped and can be heard in the Planning and Zoning Office, Municipal Building, 3 Primrose Street, Newtown, Connecticut
PUBLIC HEARING
APPLICATION BY PETER A. SPATH TRUST TO AMEND A SPECIAL EXCEPTION TO ENLARGE PROPOSED COMMERCIAL BUILDING #2, LOCATED AT 5, 19, 17 & 19 DUSTY LANE, NEWTOWN, CONNECTICUT, ASSESSOR’S MAP #47, BLOCK #11, LOTS 16, 17, 18 & 42, AS SHOWN ON A CERTAIN SET OF MAPS ENTITLED “SITE PLAN AMENDMENT FOR PROPOSED COMMERCIAL BUILDING #2 AT 5, 9, 17 & 19 DUSTY LANE, PREPARED FOR THE PETER A. SPATH TRUST IN NEWTOWN, CONNECTICUT” DATED DECEMBER 1, 2010, SCALE 1” = 1,200’
Ms. Brymer read the call for the hearing.
Ms. Dean read the correspondence in the file, then asked to hear from the applicant.
John Mack, Stuart Somers Co., 1211 Main Street South, Southbury, Connecticut explained the changes to building #2. Originally this building was approved as a 40’ x 80’ (3,200 s.f.) building. They would now like to change the dimensions to 200’ x 50’ (10,000 s.f.) The landscaping is unchanged and the only lighting will be in the back attached to the building.
Charles Spath, Stuart Somers Co., 1211 Main Street South, Southbury, Connecticut noted that a lighting plan would be provided to the Commission. They know that the location is within the Aquifer Protection Area but does not require a wetland permit.
The hearing was left open in order to receive approval from the Inland Wetland Commission regarding the aquifer and the lighting plan.
PUBLIC HEARING (Continued)
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A PROPOSED AMENDMENT TO THE ZONING REGULATIONS AT ATICLE VIII, SECTION 8.18.100 CONCERNING OUTDOOR WOODBURNING FURNACES, AS CONTAINED IN A CERTAIN DOCUMENT ENTITLED ‘DRAFT” – OUTDOOR WOOD-BURNING FURNACE ZONING REGULATION” DATED NOVEMBER 23, 2010
Mr. Benson advised that after the comments that were raised at the last meeting, he has revised the document. The regulations mirror those of the State and cover location and height only. Any question pertaining to air pollution should be referred to the DEP or Health Department. The State is ready to change the regulations in the near future and it is up to the Commission whether or not they want to proceed before these potential changes are initiated.
Mr. Poulin liked the idea of not being able to use them in the summer months.
Mr. Mulhulland said that everything right now is fluid. The State is educating people in air pollution control.
Ms. Dean said there is nothing wrong with approving the regulations and amending them later as necessary. She heard that these furnaces might be banned altogether, although this would have no bearing on existing ones. She would be willing to discuss the summer ban.
Ms. Brymer suggested leaving it so they can be run in the summer.
Ms. Dean reminded the Commission that the question of pollution is not a zoning issue but a Health Department issue. They are going to get training to be able to deal with this,
Following up on Mr. Mulholland’s statement that he would like to have something from the Health Department, Mr. Benson advised that approval or disapproval could not be based on other agencies.
Ms. Dean asked to hear from the public.
Sebastian Doliveira, 118 Currituck Road, Newtown, Connecticut who is the resident referred to by Mr. Thiessen at the last meeting, submitted and distributed a document and briefly explained what he has been going through as a result of complaints regarding his outdoor furnace.
Rick Leifels, 8 Hedge Meadow Lane, Newtown, Connecticut has never had a problem with Mr. Doliveira’s furnace but has had difficulties over the years with Mr. Thiessen on various other matters.
Denise Kopace, 113 Currituck Road, Newtown, Connecticut asked why smoke emitted from inside stoves was not addressed in the same manner. She commended Mr. Doliveira for his opting for a greener method of heating. She had no problem with the furnace during the summer months.
Daniel Hayes, 120 Currituck Road, Newtown, Connecticut is bothered by smoke from a neighbor but never from Mr. Dolveira’s during the summer months.
Richard Creaturo, 332 South Main Street, Newtown, Connecticut read a prepared statement into the record. He has a problem with thick smoke emanating from a neighbor’s furnace about 137 ft away from his home. He submitted photos. This is a major health issue and a detriment to the quality of life and health of his family. This also affects the value of his home.
Ms. Dean asked the Commission for their opinions. Mr. Mulholland would like to wait. Ms. Brymer, Mr. Poulin and Ms. Dean would like it on the books.
The hearing was closed
ACTION
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by the Town of Newtown Planning and Zoning Commission for a proposed amendment to the zoning regulations at Article VII, Section 8.18.100 concerning Outdoor Wood-burning Furnaces, as contained in a certain document entitled ‘DRAFT – Outdoor Wood-burning furnace Zoning Regulation” dated November 23, 2010, revised 2/2/11 and 2/3/11
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the amendments are consistent with the town of Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that the amendments shall become effective on February 14, 2011.
Seconded by Mr. Brymer
Vote:
Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. Pozek Yes
Motion approved
PUBLIC HEARING (Continued)
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR UPDATE TO THE TOWN OF NEWTOWN PLAN OF CONSERVATION AND DEVELOPMENT AS CONTAINED IN A DRAFT DOCUMENT ENTITLED “SECTIONS OF THE WORKING DRAFT TOWN OF NEWTOWN PLAN OF CONSERVATION AND DEVELOPMENT 2010 SANDY HOOK DESIGN DISTRICT DRAFT - HAWLEYVILLE CENTER DESIGN DISTRICT DRAFT - SOUTH MAIN STREET DESIGN DISTRICT DRAFT”.
Ms. Dean advised that she had received the Legislative Counsel’s Vision. She asked Mr. Benson to contact the Chamber of Commerce and find people from the Botsford area to attend a meeting to discuss South Main Street Design District. A tentative meeting was scheduled for February 24, 2011 at the Botsford Fire House.
COMMUNICATION/CORRESPONDENCE
DISCUSSION AND POSSIBLE ACTION: INCENTIVE OUSING ZONE STUDY DRAFT DATED OCTOBER 2010.
Ms. Dean would like to accept the proposal that was discussed.
Michael Burton, Sandy Hook, Connecticut asked for more information. Ms. Dean briefly went through what had been discussed. Three areas were selected because of their proximity to all requirements: municipal water; sewer; transportation. Mr. Benson noted that the plan was to be used only as a guideline.
Mr. Poulin questioned the study’s merits which cost $50,000. He had a problem with the word “median”. Mr. Benson explained that this is the way municipalities look at population numbers.
Ms. Dean advised that in order to receive the State funding the document has to be accepted. She thought everything they wanted had been included.
Mr. Pozek made a motion to accept the document as prepared. Seconded by Ms. Brymer.
Vote:
Ms. Dean Yes
Mr. Poulin No
Ms. Brymer Yes
Mr. Mulholland Yes
Mr. Pozek Yes
Motion approved
The Commission now has to work on the regulations to cover the areas mentioned.
LAND USE AGENCY DIRECTOR’S COMMENTS
Mr. Benson had nothing to report.
OTHER BUSINESS
Ms. Dean advised that the CT Bar Association meeting is scheduled for Saturday March 12, 2011 for anyone interested I attending.
Mr. Pozek made a motion to adjourn. Seconded by Mr. Muhollland. The vote was unanimous.
The meeting adjourned at 9:04 p.m.
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