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05-03-12
  MINUTES
Newtown Planning and Zoning Commission


Land Use Office                                                                                 Regular Meeting
Council Chambers                                                                                         May 3, 2012
3 Primrose Street, Newtown, Connecticut                 


Present: Ms. Dean, Ms. Brymer, Mr. Porco and Mr. Swift.  Alternates: Mr. Pozek seated for Mr. Mulholland and Ms. Fillion.  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 HEARINGS

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR PROPOSED AMENDMENTS TO THE ZONING REGULATIONS AT ARTICLE VI, SECTION 6.05 CONCERNING SIGNS IN THE SANDY HOOK DESIGN DISTRICT AS CONTAINED IN A CERTAIN DOCUMENT DATED MARCH 27, 2012

Ms. Brymer read the call for the  hearings.

Ms. Dean read the correspondence in the file.  Mr. Benson noted that the 25 ft. setback was amended.  After a brief discussion Ms. Dean asked to hear from the public.

Michael Burton, 107 Glen Road, Sandy Hook, Connecticut expressed appreciation to the Commission, adding that this is sorely needed.  He submitted three photos of 3 Church Hill Road that were added to the file.

There were no further comments.  The hearing was closed at 7:47 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 Planning and Zoning Commission for proposed amendment to the zoning regulations at Article VI, Section 6.05 concerning signs in the Sandy Hook District as contained in a certain document dated March 27, 2012

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 May 14, 2012.

Seconded by Mr. Swift.
                                        Vote:   Ms. Dean                Yes
                                                Ms. Brymer              Yes
                                                Mr. Porco               Yes
                                                Mr. Swift               Yes     
                                                Mr. Pozek               Yes
Motion approved.

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR PROPOSED AMENDMENTS TO THE ZONING REGULATIONS AT ARTICLE IV, SECTION 1, SECTION 4.01 CONCERNING DWELLINGS IN BUSINESS AND PROFESSIONAL OFFICE ZONE (BPO), AND SECTION 6.05 CONCERNING ADULT DAY CARE IN BPO, B-1 AND B-2 ZONES AS CONTAINED IN A CERTAIN DOCUMENT DATED MARCH 27,2012

The hearing was opened at 7:48 p.m.

The Commission suggested that adult day care should come under the same regulations as child day care.

There were no comments from the public.

The hearing was closed at 7:49 p.m.

Mr. Brymer moved 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 proposed amendment to the zoning regulations at Article IV, Section l, Section 4.01 concerning dwellings in Business and Professional Office Zone (BPO), at Article IV, Section 4.01 and 4.02 and Article VI, Section 6.05 concerning adult day care in BPO), B-1 and B-2 zones as contained in a certain document dated March 27, 2012, revised 4/12/12 and 5/3/12

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 May 14, 2012.

Seconded by Mr. Pozek.
                                        Vote:   Ms. Dean                Yes
                                                Ms. Brymer              Yes
                                                Mr. Porco               Yes
                                                Mr. Swift               Yes     
                                                Mr. Pozek               Yes
Motion approved.

APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR PROPOSED AMENDMENTS TO THE ZONING REGULATIONS AT ARTICLE III, NEW SECTION 3.03, MULTIPLE HOUSING DEVELOPMENT AS CONTAINED IN A CERTAIN DOCUMENT DATED APRIL 12, 2012

The hearing was opened at 7:53 p.m.

Ms. Dean read the correspondence in the file and deferred the explanation to Mr. Benson.

Mr. Benson explained that the Commission was ordered to adopt regulations according to the Dauti application, ending up with three affordable housing regulations on the books.  The suggestion is to consolidate them.  This impacts only three properties with sufficient acreage located on the sewer and water lines.  Ms. Dean asked if an applicant had a proposal with subsurface sewage approved by the DEP could be refused.  Mr. Benson will find out from the Town Attorney.  

Kim Danziger, 5 Stonewall Ridge Road, Newtown, Connecticut was initially opposed to the proposed amendment because these types of developments in town do not make sense from a design standpoint.  A major concern was traffic impact and the environment.  When he heard that sewers and water hook-up were required, he changed his mind.  

Ms. Brymer noted that this is an attempt to attract young people back to Newtown.  Ms. Dean said that $50,000 of State money has been used to find out where this could be done.  People are nervous about sub-surface sewage.

George Trudell, 9 Arthur Court, Connecticut commended the Commission on this proposal.  He favored cluster subdivisions.  He felt there is a need to balance the needs of the developers and the people,   He suggested allowing this kind of development without the sewer requirement.

Debra Zukowski, 4 Cornfield Ridge Road, Newtown, Connecticut appreciated the consideration of attracting young people but was concerned about the potential for 100 units on 500 acres.  She suggested including sidewalks in the regulations.

Ms. Dean said that the terrain precludes multiple building on large tracts.  She agreed that sidewalks should be part of the regulation.

Michael Burton, 107 Glen Road, Sandy Hook, Connecticut said that the economy has held up his approved plans, asking how this affects his property.  He thinks the concept is right, as there is a need for affordable housing in Newtown.

Mr. Benson said that he could re-apply and come back to the Commission.

Ms. Dean said this matter needs further discussion before taking action.  The regulations will be amended as discussed to include roadway width and sidewalks.

The hearing was continued.

COMMUNICATIONS AND CORRESPONDENCE

The Commission discussed a Memorandum dated May 3, 2012 “DRAFT AMENDMENT – Section 5 – Sandy Hook Design District (SHDD) – Add #7 to Special Exception Uses in the Sandy Hook Design District”.  Currently rental over retail is permitted and this is for rental of a house with a small garage to be used as a small business.  The matter will be placed on the agenda for public hearing.

Ms. Dean advised that Nagy Bros. has requested a one year extension to their permit for a pre-existing gravel mine.  The Commission had no problem allowing the extension.

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

Ms. Brymer distributed “2012 POCD Land Use by Tax Assessor”, asking for comments by the next meeting.  She will attempt to convert the data into a pie chart.

Mr. Pozek suggested looking into how and where the GIS is being used.

“2012 Plan of Conservation and Development Status Tracking” was distributed.

COMMUNICATIONS AND CORRESPONDENCE (Continued)

Ms. Dean advised the Commission that someone is interested in re-opening Eagle Hill treatment center.  It would require changing the special exception from “alcohol” to “substance” abuse.  This would not require a public hearing because nothing will be changed.

LAND USE AGENCY DIRECTOR’S COMMENTS

Nothing at this time.

MINUTES

Mr. Posek made a motion to approve the Minutes of April 19, 2012 as submitted.  Seconded by Mr. Porco.  The motion was unanimously approved.

ADJOURNMENT

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