MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
Municipal Building February 17, 2011
3 Primrose Street, Newtown, Connecticut
Present: Ms. Dean; Mr. Poulin; Ms. Brymer; Mr. Bloom; and Mr. Mulholland. Alternates: Mr. Pozek; Mr. Cruson and Mr. Porco Also present: George Benson, Land Use Director. Clerk: Ms. Wilkin
The meeting was opened at 7.30 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
DISCUSSION AND POSSIBLE ACTION
LEVEL A (FINAL) AQUIFER PROTECTION AREA MAPPING AS APPROVED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION. APPROVED BY THE PLANNING AND ZONING COMMISSION LEVEL A (FINAL) AQUIFER PROTECTION AREA MAPPING FOR THE UNTED WATER CONNECTICUT’S SOUTH MAIN STREET WELL FIELD AND THE TOWN OF NEWTOWN’S FAIRFIELD HILLS WELL FIELD.
Rob Sibley, Land Use Deputy Director explained to the Commission with the aid of overhead and paper map prepared with Scott Sharlow, GIS Director showing protected and wetland areas of town. Recently the town was required to provide a level A map to be placed in the office where it would be available to the public. Owners of property in the protected areas would have to abide by the wellhead rules.
Ms. Brymer moved the following:
BE IT RESOLVED that the Newtown Planning and Zoning Commission APPROVES “Level A Mapping for the Town of Newtown, Connecticut, Fairfield Hills Well Field & United Water CT South Main Sreet Well Field
NAME; CTDEP_APA_24X36_PROPOSED_20110217.MXD” dated February 17, 2011
BE IT FURTHER RESOLVED that the zone change shall become effective on March 1, 2011.
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
REVISED TOWN OF NEWTOWN ZONE MAP APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE REVISED TOWN OF NEWTOWN ZONE MAP PRESENTED TONIGHT BY TECHNOLOGY AND GIS DIRECTOR SCOTT SHARLOW
Scott Sharlow, Technology and GIS Director, explained the procedure of how to access the information either by computer or map that would be readily available to members of the public. If approved it would become the accepted Zoning Regulation Map.
At the request of Attorney Robert Hall, 5 Nettleton Avenue, Newtown, Connecticut, owner of various properties in town, the matter was held over for public hearing at the next available meeting.
PUBLIC HEARING
APPLICATION BY MASONICARE HEALTH CENTER FOR (1) A SPECIAL EXCEPTION TO ADD A HOME HEALTH CARE AGENCY TO THE ASSISTED LIVING AND NURSING HOME COMPLEX, (2) ZONE MAP CHANGE FROM F&R 1 AND 2 TO EH-10M (3) AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT SECTION 3.02 PERTAINING TO THE ELDERLY HOUSING (EH) ZONE, PROPERTY LOCATED AT 147 AND 139 TODDY HILL ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN SET OF MAPS ENTITLED “ZONE MAP CHANGE PERIMETER SURVEY #147 & 139 TODDY HILL ROAD, NEWTOWN, CONNECTICUT” DATED DECEMBER 29, 2010, SCALE 1” = 30’, ASSESSOR’S MAP 46, BLOCK 4, LOTS 15 AND 59
The hearing was opened at 8:18 p.m.
Ms. Dean read the call for the hearing and the correspondence in the file, after which she asked to hear from the applicant.
Robert Hall, Esq., 43 Main Street, Newtown, Connecticut, representing the applicant, gave a brief history of the property previously known as Ashlar. The application is for a zone change and amendment to the regulations by adding an accessory use to the assisted living regulations. If approved, the applicant is seeking changes to the special exception to allow them to enlarge the existing home on the property.
Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut explained the proposed changes to the existing structure, which is currently in a residential zone. The house would retain the existing log cabin siding and the proposed addition would not affect any abutting neighbors. The access currently off Toddy Hill Road would be abandoned and landscaping, including evergreens and three deciduous trees similar to those already on the property. The parking for eleven vehicles would be away from the neighbors. They will retain the existing rural look. Lighting will be low and residential. The current septic is more than adequate.
Mary Cosgrove, 9 Berry Drive, Newtown, Connecticut, Regional Director, Masonicare, said that the office currently located in Brookfield would relocate to this site. There would be no more than five to six people in the office with clinical staff entering only to drop off charts or other information. The hours of operation would be 8:00am to 5:00pm with clinical staff on call weekends.
Ms. Dean asked to hear from the public,
Elizabeth Tourigny, 2 Surrey Trail, Newtown, Connecticut said that most of her questions had been addressed. She was now less concerned about traffic.
Michael Wilson. 149 Toddy Hill Road, Newtown, Connecticut liked the design and asked about the lighting.
Jennifer Wilson, 149 Toddy Hill Road, Newtown, Connecticut appreciated the fact that the building would still look like a residence but was also concerned about lighting. She asked what buffers would be provided.
Chuck DuBois, 7 Marlin Road, Newtown, Connecticut thought everything looked fine. He asked if the use could change.
Mr. Edwards explained the lighting that is standard for residential use and could be put on a timer.
Mr. Benson would like to have the buffering left open for changes.
Ms. Dean said that should the applicant wish to change the use of this building they would have to come back to the Commission for approval.
The hearing was closed at 9:07 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Masonicare Health Center for a zone map change from F&R 1 and 2 to EH-10, as shown on a certain set of maps entitled “Zone Map change Perimeter Survey #147 & 139 Toddy Hill Road, Newtown, Connecticut” dated December 29, 2010, Scale 1” = 30’, Assessor’s Map 46, Block 4, Lots 15 and 59
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the application is consistent with the purpose and intent of the Town of Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that this approval shall become effective on February 28, 2011.
Seconded by Mr. Mulholland
Vote: Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Masonicare Health Center for a an amendment to the Town of Newtown Zoning Regulations adding Accessory Use for Home Health Care Agencies (3.02.421) to the Elderly Housing (EH) Zone. Property located at 147 and 139 Toddy Hill Road, Newtown, Connecticut, as shown on a certain set of maps entitled “Zone Map change Perimeter Survey #147 & 139 Toddy Hill Road, Newtown, Connecticut” dated December 29, 2010, Scale 1” = 30’, Assessor’s Map 46, Block 4, Lots 15 and 59
3.02.421 PRE-ESISTING STRUCTURES. When a pre-existing structure is made non-conforming to Section 3.2.410 by virtue of a change of zone to EH-10, the limitations imposed by Section 3.02.410 shall not apply to any additions to said structure provided the structure is used for a use or accessory use permitted in the EH-10 Zone and the additions are not more non-conforming to said Section 3.02.410 than the structure was before the addition.
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the application is consistent with the purpose and intent of the Town of Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that this approval shall become effective on February 28, 2011.
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Masonicare health center for a special exception to add a home health care agency to the assisted living and nursing home complex as shown on a certain set of maps entitled “Zone Map change Perimeter Survey #147 & 139 Toddy Hill Road, Newtown, Connecticut” dated December 29, 2010, Scale 1” = 30’, Assessor’s Map 46, Block 4, Lots 15 and 59
SHALL BE APPROVED
BE IT FURTHER RESOLVED that the application is consistent with the purpose and intent of the Town of Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that the Commission finds that the application meets the standards and criteria for a special exception as set forth in Section 11 of the Zoning Regulations and the application to be consistent with the EH-10 zone.
BE IT FURTHER RESOLVED that this approval shall become effective on February 28, 2011.
Seconded by Mr. Bloom
Vote: Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Bloom Yes
Mr. Mulholland Yes
Motion approved
A recess was called. The meeting reconvened at 9:25 p.m.
PUBLIC HEARING Continued
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’
Charles Spath, Stuart Somers, Co., 1211 Main Street South, Southbury, Connecticut explained the low level of lighting that would be located at the rear of the building. Russ Slayback, LBG had submitted a report stating that there would be no impact on the Aquifer, which was in the file.
The hearing was closed at 9:35 p.m.
ACTION
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Peter A. Spath Trust to amend a special exception to enlarge proposed commercial building #2, address 5, 9, 17 and 19 dusty Lane, Newtown, Connecticut. Assessor’s Map 47, Block 11, Lots 16, 17, 18 and 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, revised 2/15/11 (Plan depicting illuminants), scale 1” = 1,200’
SHALL BE APPROVED, with the following conditions:
1. that the conditions of the original special exception approvals and subsequent modifications shall continue to be in force.
2, that the Inland Wetland approval of the Aquifer Protection Plan is received.
BE IT FURTHER RESOLVED that the application is consistent with the purpose and intent of the town of Newtown Plan of Conservation and Development.
BE IT FURTHR RESOLVED that the Commission finds that the application meets the standards and criteria for a special exception as set forth in Section 11 of the Zoning Regulations and the application to be consistent with the M-1 zone
BE IT FURTHER RESOLVED that this approval shall become effective on February 28, 2011.
Seconded by Mr. Poulin
Vote: Ms. Dean Yes
Mr. Poulin Yes
Ms. Brymer Yes
Mr. Pozek for Mr. Bloom Yes
Mr. Mulholland 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”.
Mr. Benson will advise the Commission of a date for a special hearing on the South Main Street Design District.
COMMUNICATION/CORRESPONDENCE
LAND USE AGENCY DIRECTOR’S COMMENTS
Mr. Benson had nothing to report.
OTHER BUSINESS
Ms. Dean had spoken with John Reed, Chair of the Fairfield Hills Authority, regarding the amendment to the regulations to include adaptive re-use of Cochran House and the single family homes, plus other suggestions for Fairfield Hills. She wants to set up a workshop meeting for various boards to attend with no public participation.
Mr. Pozek made a motion to adjourn. Seconded by Mr. Bloom. The vote was unanimous.
The meeting adjourned at 10:00 p.m.
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