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12-15-11
  MINUTES
Newtown Planning and Zoning Commission


Land Use Office                                                                        Regular Meeting
Council Chambers                                                                     December 15, 2011
3 Primrose Street, Newtown, Connecticut                 


Present: Ms. Dean, Ms. Brymer, Mr. Mulholland, Mr. Porco and Mr. Swift.  Alternates: Mr. Pozek and Ms. Fillion.  Also present: George Benson, Land Use Director. Clerk: Ms. Wilkin

The meeting was opened at 7.38 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

MANDATORY REFERRAL

MANDATORY REFERRAL FROM THE BOARD OF SELECTMEN UNDER CGS 8-24 FOR RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION CONCERNING THE FAIRFIELD HILLS MASTER PLAN REVIEW COMMITTEE REPORT

Ms. Dean read a draft letter she had prepared for the Board of Selectman, asking for comments.  A discussion followed.

Mr. Benson had spoken with the First Selectman advising that some property had already been suggested for open space starting with High Meadow. He suggested writing a one-page summary to be included with the letter.  At this point it is just an acknowledgement of receipt. CGS 8-24 requires an answer.  Ms. Dean said they are finishing the POCD without assistance.  There is time to decide what parts of the report should be included.  Some of the ideas should also be included in the zoning regulations. Otherwise it should be in the Master Plan. Mr. Porco said he would like more formulation rather than what appears to be slicing and dicing what he considers a prime piece of property.  Ms. Dean noted that areas wanted for open space have been marked on the map.  Under the current Master Plan the zone is for adaptive re-use of existing buildings. Buildings slated for demolition could be re-built in the same footprint, while other buildings could be refurbished. It was suggested that a subcommittee be formed to decided what parts of the report should be considered for inclusion.

Ms. Dean read a revised version of her letter based on what had been discussed.  The Commission approved the letter as revised.

PUBLIC HEARINGS

APLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A PROPOSED AMENDMENT TO ARTICLE IX, ADMINISTRATION AND ENFORCEMENT, SECTION 9.01.200, ZONING ENFORCEMENT OFFICER AS CONTAINED IN A CERTAIN DOCUMENT DATED NOVEMBER 15, 2011

The hearing was opened at 8:22 p.m.

There were no members of the public present to address this issue, details of which are:

9.01.200 Zoning  Enforcement Officer

Replace current regulation language with:

The Newtown Planning and Zoning Commission hereby designates the Newtown Land Use Agency as Zoning Enforcement Authority to implement and enforce the Newtown Zoning Regulations.  Zoning Enforcement Officers will be appointed by the Director of Planning and Land Use.

The hearing was closed

Ms. Brymer read the following:  

BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Town o Newtown Planning and Zoning Commission for a proposed amendment to Article IX, Administration and Enforcement, Section 9.01.200 Zoning Enforcement Officer as contained in a certain document dated November 15, 2011.

SHALL BE APPROVED

BE IT FURTHER RESOLVED that the amendment  is consistent with the town of Newtown Pan of Conservation and Development.

BE IT FURTHER RESOLVED that the amendment shall become effective on December 26, 2011.

Moved by Mr. Mulholland, Seconded by Mr. Swift.

                                                Vote:   Ms. Dean                Yes
                                                        Ms. Brymer              Yes
                                                        Mr. Mulholland  Yes
                                                        Mr. Porco               Yes
                                                        Mr. Swift               Yes
Motion approved.                

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A PROPOSED AMENDMENT TO ARTICLE V, INDUSTRIAL ZONES, SECTION 5 PERTAINING TO RECREATIONAL AND SPORTS ACTIVITIES AS CONTAINED IN A CERTAIN DOCUMENT DATED NOVEMBER 15, 2011

The hearing was opened at 8:25 p.m.

There were no members of the public present to address this issue, details of which are:

Changes indicated in bold type.

5.02.370 – Indoor/Outdoor commercial tennis, paddle/tennis/platform tennis, raquet ball, hand ball, squash, soccer, swimming facilities and/or other similar recreational and sports activities.

5.04.330 – Indoor/Outdoor commercial tennis, paddle/tennis/platform tennis, raquet ball, hand ball, squash, soccer, swimming facilities and/or other similar recreational and sports activities.

5.05.340 – Indoor/Outdoor commercial tennis, paddle/tennis/platform tennis, raquet ball, hand ball, squash, soccer, swimming facilities and/or other similar recreational and sports activities.

5.06-470 – Indoor/Outdoor commercial tennis, paddle/tennis/platform tennis, raquet ball, hand ball, squash, soccer, swimming facilities and/or other similar recreational and sports activities.

The hearing was closed.

Ms. Brymer read the following:

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  Article V, Industrial Zones, Section 5 pertaining to recreational and sports activities as contained in a certain document dated November 15, 2011.

SHALL BE APPROVED

BE IT FURTHER RESOLVED that the amends are consistent with the Town of Newtown Plan of Conservation and Development.

BE IT FURTHER RESOLVED that the amendments shall become effective on December 26, 2011.

Moved by Ms. Brymer, Seconded by Mr. Swift.

                                                Vote:   Ms. Dean                Yes
                                                        Ms. Brymer              Yes
                                                        Mr. Mulholland  Yes
                                                        Mr. Porco               Yes
                                                        Mr. Swift               Yes
Motion approved.                

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A PROPOSED AMENDMENT TO ARTICLE III, SECTIONS 3.09.100 AND 3.10.100 AND ARTICLE IV, SECTION 4.01.800 PERTAINING TO SIDEWALKS IN SUBDIVISIONS AS CONTAINED IN A CERTAIN DOCUMENT DATED NOVEMBER 15, 2011

The hearing was opened at 8:28 p.m.

There were no members of the public present to address this issue, details of which are:

Changes indicated in bold type.

4.01 – Proposed Streets, Sidewalks

4.01.800 – All proposed street plans shall include installation of concrete sidewalks on both sides of the proposed subdivision streets.

3.09.100 – The Commission shall hold a public hearing on any application for a subdivision.

3.10.100 The Commission shall hold a public hearing regarding any subdivision proposal.

The Commission discussed the pros and cons of the proposed regulations.  Ms. Dean felt by narrowing subdivision roads and installing sidewalks would reduce the speed of vehicles and allow pedestrians safe walking space.  Messrs. Mulholland and Swift had a problem with maintenance and liability especially with snow clearing, particularly on properties with long frontage.

The hearing was closed at 8:49 p.m.

Ms. Brymer read the following:

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 subdivision regulations at Article III, Sections 3.09.100 and 3.10.100 and Article IV, Section 4.01.800 pertaining to sidewalks in subdivisions as contained in a certain document dated November 21, 2011

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 December 26, 2011.

Moved by Ms. Brymer, Seconded by Mr. Swift.

                                                Vote:   Ms. Dean                Yes
                                                        Ms. Brymer              Yes
                                                        Mr. Mulholland  No
                                                        Mr. Porco               Yes
                                                        Mr. Swift               No
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”.

Not discussed.

COMMUNICATIONS/CORRESPONDENCE

LAND USE AGENCY DIRECTOR’S COMMENTS

Ms Dean referred to a letter from Stuart Somers Company LLC dated December 15, 2011 requesting a 90-day extension to prepare legal descriptions for the open space parcel and to record the 32 Cedar Hill Road subdivision mylar map upon the Newtown Land Records. The Commission approved the request.

Mr. Benson was given an application for a sidewalk DOT grant by the First Selectman.  This is due next week.  He plans on breaking the sidewalk plan into sections, submitting the most preferable.  This has yet to be decided upon.  

Referring to an 11/22/11 draft amendments to 4.14.300 subdivision regulations allowing modifications of the sidewalk regulations based on CGS 8-26.  This will be put on the next Agenda for public hearing.

MINUTES

Mr. Mulholland made a motion to approve the Minutes of December 1, 2011 as submitted.  Seconded by Ms. Brymer.  The vote was unanimous.

ELECTION OF OFFICERS

Ms. Dean nominated Ms. Brymer as Secretary.  Seconded by Mr. Mulholland.  There were no other nominees.  The vote was unanimously approved.

Ms. Brymer nominated Mr. Mulholland as Vice Chair.  Seconded by Mr. Swift.  There were no other nominees.  The vote was unanimously approved.

Mr. Mulholland nominated Ms. Dean as Chair.  Seconded by Mr. Pozek.  There were no other nominees.  The vote was unanimously approved.

OTHER MATTERS

Ms. Fillion submitted her Vision Statement for inclusion in the POCD.  This will be discussed at a later date.

ADJOURNMENT

Mr. Pozek made a motion to adjourn.  Seconded by Mr. Porco.  The vote was approved unanimously.

The meeting adjourned at 9:20 p.m