MINUTES
Newtown Planning and Zoning Commission
Land Use Office Regular Meeting
Municipal Building May 19, 2011
3 Primrose Street, Newtown, Connecticut
Present: Mr. Poulin, Chair Pro Tem; Mr. Bloom and Ms. Brymer. Alternates: Mr. Pozek seated for Ms. Dean and Mr. Porco seated for Mr. Mulholland. Also present: George Benson, Land Use Director. 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, Municipal Building, 3 Primrose Street, Newtown, Connecticut
PUBLIC HEARING
APPLICATION BY LARRY EDWARDS FOR A ZONE MAP CHANGE FROM M-1 TO M-4, 12, 14 ABD 16 HIGH BRIDGE ROAD AND 46 SWAMP ROAD, AS SHOWN ON A CERTAIN MAP ENTITLED “MAP SHOWING AREA OF PROPOSED ZONE CHANGE PREPARED FOR THOMAS SHARPE, NEWTOWN INVESTMENTS LLC, SANDY HOOK ASSOCIATES LLC AND IL THIRD GENERATION LLC, #12, #14, #16 HIGH BRIDGE ROAD AND #46 SWAMP ROAD, NEWTOWN, CONNECTICUT” DATED APRIL 27, 2011, SCALE 1” = 100’, ASSESSOR’S MAPS 46 AND 47, BLOCKS 3 AND 7, LOTS 1, 2, 3 AND 7.
Ms. Brymer read the call for the hearing.
Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut, explained the application. There are only two owners involved, each having different reasons for the change. Thomas Sharpe wants to develop a tech park, which would allow for expansion for about ten tenants. It would also allow Interstate Lumber to expand their use. Currently there is no water or septic at the location, although the soil is very sandy, making it conducive for septics.
Ms. Brymer noted some inconsistencies on the map which Mr. Edwards agreed to change.
Mr. Poulin asked to hear from the public.
Dennis Christopher. 1 High Bridge Road expressed concern about traffic and infrastructure. He asked how this would impact tax revenue and house values.
Lawrence Decker, 43 Swamp Road was told the property would always be a field when he purchased his house in 1989. He was concerned about aquifer protection. He would prefer to see the Batchelder property developed.
Mr. Edwards said that the rail is a unique feature, which is good for the lumber industry. High Bridge Road is a main thoroughfare and would need to be addressed. He is aware of the wetland areas and associated restrictions. This is a very preliminary approach to the site. Interstate Lumber has been a good neighbor and any expansion would not change their use or pattern of traffic. They could not determine any effect on house values. Any future tenants are unknown at this time.
Peter Veccharello, 82 New Lebbon considered the rail track unusable and not in use at this time. He said the lumber comes in by truck. He was concerned about well contamination
Mr. Bloom noted that he has seen the rails in use.
Sheldon Kahan 46 Swamp Road, owner of Interstate Lumber, advised that this has always been a family owned business and the rail line is key. About 85% of the lumber comes in by rail. This facility distributes to their other locations in the area. The Housatonic line is a Class B rail limiting the speed of the trains. He is responsible and walks the rail bed with people from the railroad every month. Any plans to extend the rail line is the railroad’s responsibility. They are responsible to maintain service to the site.
Mr. Benson has reviewed the plans and has frequently talks with Interstate Lumber. The Economic Development Committee and Land Use staff think this is a positive change.
The hearing was closed at 8:30 p.m.
DISCUSSION
Mr. Porco said it is not a big change, considering it better use of the property and the area would benefit from it.
Mr. Pozek did not think that the impact would be too much.
Mr. Bloom considered it good for the town.
Mr. Poulin and Ms. Brymer had no objection to the change.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Larry Edwards for a zone map change from M-1 to M-4, 12, 14 and 16 High Bridge Road and 46 Swamp Road, as shown on a certain map entitled “Map Showing Area of Proposed Zone Change Prepared for Thomas Sharpe, Newtown Investments LLC, Sandy Hook Associates LLC and IL Third Generation LLC, #12, #14, #16 High Bridge Road and #46 Swamp Road, Newtown, Connecticut” dated April 27, 2011, scale 1” – 100’, Assessor’s Maps 46 and 47, Blocks 3 and 7, and Lots 1, 2, 3 and 7
SHALL BE APPROVED with the following condition:
That inconsistencies are corrected on the application and drawings.
BE IT FURTHER RESOLVED that the zone change is necessary to maintain consistency between the Zoning Regulations and the Zone Map for the Town of Newtown and that the Commission finds that the zone change is appropriate to the land uses and properties where the change is made.
BE IT FURTHER RESOLVED that the zone change is consistent with the implementation of the recommendations of the Town of Newtown Plan of Conservation and Development.
BE IT FURTHER RESOLVED that the zone change shall become effective on May 31, 2011
Seconded by Mr. Bloom
Vote: Mr. Poulin Yes
Ms. Brymer Yes
Mr. Bloom Yes
Mr. Pozek Yes
Mr. Porco Yes
Motion approved
A recess was called at 8:37 p.m.
The meeting reconvened at 8:47 p.m.
DISCUSSION AND POSSIBLE ACTION
DISCUSSION AND POSSIBLE ACTION CONCERNING APPLICATION BY DAUTI CONSTRUCTION FOR A CONDOMINIUM COMPLEX, 95 AND 99 CHURCH HILL ROAD, NEWTOWN, CONNECTICUT, AS REMANDED TO THE PLANNING AND ZONING COMMISSION BY THE COURT
Mr. Poulin noted that tonight’s meeting was just an update. There may be future changes.
Tim Hollister, Esq., Shipman & Goodwin LLP, One Constitution Plaza, Hartford, Connecticut, submitted copies of “Presentation of Dauti Construction LLC regarding Edona Commons, 95 and 99 Church Hill Road” and sets of drawings and floor plans of the proposed units. They are awaiting approval from the Sewer and Water Authorities. Town Attorneys Fuller and Grogin saw no problems with the “Proposed Mixed Income Housing District Zoning Regulation Amendment Revised Draft May 2011 (revised to Section 4.27.348 per court order)” prepared by Shipman & Goodwin LLC. He went on to explain the difference in site plans and would be willing to go to the Architectural Review Board for approval. They would like an indication whether they should go ahead with the changes. The driveway is to be widened from
25 to 35 feet and the cul de sac is to be enlarged.
Mr. Benson noted that the Fire Department is waiting for P&Z comments before approving the changes. He said that sidewalks had been discussed.
Mr. Pozek was concerned that the 20ft distance between the garages and curb might cause some vehicles to protrude into the road.
Ms. Brymer thought leaving the trees would help stabilize the slope. She considered this a lot better than the original plans.
Mr. Porco said that the residents of the Sandy Hook Design District would be happy if the sidewalks could be included in the plans.
Mr. Hollister said they will get back to the Commission again after receiving approval from the Architectural Review Board and other Commissions.
PUBLIC HEARING
APPLICATION BY THE TOWN OF NEWTOWN FOR A SPECIAL EXCEPTION TO CONSTRUCT AN ANIMAL CONTROL FACILITY AND A NEWTOWN DOG PARK, 21-23 OLD FARM ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “SITE PLAN NEWTOWN DOG PARK, 21-23 OLD FARM ROAD, NEWTOWN, CONNECTICUT” DATED MAP 2, 2011.
The hearing was opened at 9:17 p.m.
Ms. Brymer read the call for the hearing and Mr. Poulin read the correspondence in the file.
Mr. Benson addressed the Commission explaining the application, which has been in the works since 2009. The area needed a zone and use change and required a deed from the State. A conservation easement was required to protect Pond Brook. Waste materials from the dog runs would drain into the sewer. The area is funded by Parks and Recreation and donations. He has been working for a long time with the Department of Public Works on the proposal. This was considered the best location.
The Commission considered it a good idea. There were no members of the public present.
The hearing was closed at 9:29 p.m.
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by the Town of Newtown for a special exception to construct an Animal Control Facility and a Newtown Dog Park, 21-23 Old Farm Road, Newtown, Connecticut, as shown on a certain map entitled “Site Plan Newtown Dog Park 21-23 Old Farm Road, Newtown, Connecticut” dated May 2, 2011
SHALL BE APPROVED with the following condition:
That the Fire Marshal recommendations are to be incorporated in the plan.
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 ll of the Zoning Regulations and the application to be consistent with the M-5 zone.
BE IT FURTHER RESOLVED that this approval shall become effective on May 31, 2011
Seconded by Mr. Porco
Vote: Mr. Poulin Yes
Ms. Brymer Yes
Mr. Bloom Yes
Mr. Pozek Yes
Mr. Porco 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”.
This was tabled for a future date
COMMUNICATIONS/CORRESPONDENCE
Ms. Brymer briefed the Commission on the Smart Growth Seminar held Saturday, May 14, 2011, chaired by Mary Wilson. It was suggested that the regulations should be reviewed. A representative from Torrington discussed the difference between special exception and by right use. Mr. Poulin said he prefers special exception on a case by case basis. Mr. Benson said the details need to be reviewed and he will look into the grant that was mentioned. Also density incentives were discussed.
LAND USE AGENCY DIRECTOR’S COMMENTS
Mr. Benson had nothing further to report
MINUTES
Mr. Bloom moved to accept the Minutes of May 5, 2011 as submitted. Seconded by Mr. Pozek. The vote was unanimously approved.
ADJOURNMENT
Mr. Pozek made a motion to adjourn. Seconded by Mr. Bloom. The vote was unanimously approved.
The meeting adjourned at 9:40 p.m.
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