MINUTES 
Newtown Planning and Zoning Commission 
 
 
Land Use Office                                                                                 Regular Meeting 
Council Chambers                                                                                         May 17, 2012 
3 Primrose Street, Newtown, Connecticut                   
 
 
Present: Ms. Dean, Mr. Mulholland, Ms. Brymer, 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 7.35 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 ANDREW WIGGIN TO AMEND A SPECIAL EXCEPTION IN ORDER TO CONSTRUCT A NEW TWO STORY COMMERCIAL BUILDING TO BE OFFICE/RETAIL ON FIRST FLOOR AND FOUR ONE BEDROOM APARTMENTS ON SECOND FLOOR AS CONTAINED IN A CERTAIN SET OF PLANS ENTITLED “SITE PLANS PROPOSED COMMERCIAL BUILDING LOCATED AT 84 SOUTH MAIN STREET, NEWTOWN, CONNECTICUT PREPARED FOR BENEATH THE VINES & FIG TREE, LLC” DATED FEBRUARY 16, 2012 AND REVISED 4/19/12, SCALE 1”=1,200’. ALSO APPLICATION BY ANDREW WIGGIN FOR A PROPOSED AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT SPECIAL DEVELOPMENT DISTRICT #2 
 
This application was withdrawn. 
 
PUBLIC HEARING 
 
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 “DRAFT OF PLAN OF CONSERVATION AND DEVELOPMENT ARTICLE V, ACHIEVING THE VISION: COMMUNITY CHARACTER: DESIGN ADVISORY BOARD”, DATED MAY 2012 
 
Ms. Dean read the call for the hearing and the correspondence in the file.  She noted that this matter has been discussed extensively.  The Commission congratulated Ms. Brymer on a job well done. 
 
There were no comments from the public. 
 
The hearing was closed at 7:37 p.m. 
 
ACTION 
 
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 update to the Town of Newtown Plan of Conservation and Development as contained in a draft document entitled “Draft of Plan of Conservation and Development Article V “Achieving the vision: Community Character: Design Advisory Board” dated May 2012. 
 
SHALL BE APPROVED 
 
BE IT FURTHER RESOLVED that the Commission began this action to reorganize and undertake a comprehensive update of the Newtown Plan of Conservation and Development following its adoption of the 2004 updated Plan of Conservation and Development 
 
BE IT FURTHER RESOLVED that the Commission has held open the public hearings on the Plan of Conservation and Development to provide numerous and adequate opportunities for the public to comment on the Plan beginning October 7, 2010 
 
 BE IT FURTHER RESOLVED that the updated Plan of Conservation and Development is consistent with the legislation of the State of Connecticut that requires the Planning and Zoning Commission to present an updated Plan of Conversation and Development every ten (10) years that will serve to protect the public health, safety and welfare within the community. 
 
BE IT FURTHER RESOLVED that this update shall become effective May 29. 2012 
 
Seconded by Mr. Mulholland, 
                                                Vote:   Ms. Dean                Yes 
                                                        Mr. Mulholland  Yes 
                                                        Ms. Brymer              Yes      
                                                        Mr. Porco               Yes 
                                                        Mr. Swift               Yes 
Motion approved. 
 
PUBLIC HEARING 
 
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A PROPOSED AMENDMENT TO THE ZONING REGULATIONS AT ARTICLE IV, SECTION 1, SECTION 4.01 CONCERNING DWELLINGS IN BUSINESS AND PROFESSIONAL OFFICE ZONE (BPO) AS CONTAINED IN A CERTAIN DOCUMENT DATED MARCH 27, 2012 
 
The hearing was opened at 7:43 p.m. 
 
Ms. Dean read the call for the hearing and the correspondence in the file.  The Commission was familiar with the application. 
 
There were no comments from the public. 
 
The hearing was closed at 7:46 p.m. 
 
ACTION 
 
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 a proposed amendment to the zoning regulations at Article IV, Section 1, Section 4.01 concerning dwellings in Business and Professional Office Zone (BPO) 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 29, 2012 
 
Seconded by Mr. Porco 
                                                Vote:   Ms. Dean                Yes 
                                                        Mr. Mulholland  Yes 
                                                        Ms. Brymer              Yes      
                                                        Mr. Porco               Yes 
                                                        Mr. Swift               Yes 
Motion approved. 
 
PUBLIC HEARING (Continued) 
 
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 
 
Mr. Benson had no additional information since the last meeting.  The regulations need to compliment each other so developers benefit with affordable housing rather than multiple housing.  Affordable housing should have incentives.  He does not want any action taken without further discussion. 
 
Ms. Dean stated the need to keep working people in town with affordable housing.  Mr. Mulholland stated that there is a lot of affordable housing in town but designation is a problem.  The Commission discussed the matter further, suggesting that periodic letters be sent to local legislators explaining the difficulties encountered reaching the State mandated goal of 10% affordable housing. 
 
Ms. Dean asked to hear from the public. 
 
Will Agresta, 11 Gopher Road, Newtown, Connecticut, a planning consultant, read the newspaper report in the “Bee” and asked why this is necessary.  He agreed that sewer and water hook-up should be required.  He would like to see Hawleyville developed into a village setting.  He asked about various aspects of the regulations, which at times he considered contradictory.  He did not see a need for this type of housing. 
 
Ms. Dean advised that the State has funded a $50,000 study of this matter.  She appreciated Mr. Agresta’s input. 
 
The hearing was continued. 
 
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 
 
DISCUSSION CONCERNING ARTICLE III OF THE PLAN OF CONSERVATION AND DEVELOPMENT   
 
Ms. Brymer distributed the updated version, which included the conversion of data into pie-chart form.  She asked the Commission for comments.  Ms. Dean considered it a job well done the agreed that the matter should be scheduled for public hearing.   
 
Ms. Dean said that she would like to give the beginning package of POCD documents to the Selectmen. 
 
COMMUNICATIONS AND CORRESPONDENCE  
 
LAND USE AGENCY DIRECTOR’S COMMENTS 
 
Mr. Benson advised the Commission that “Relay for Life” has requested putting a banner along the fence on Wasserman Way, which currently is not allowed.  More requests for events at Fairfield Hills are anticipated.  Therefore, he suggested allowing it this time to see how it looks and perhaps writing regulations for future special events. 
 
MINUTES 
 
Ms. Brymer made a motion to approve the Minutes of April 19, 2012 with the following corrections: 
 
Page 2  In the resolution delete regulations …at Article IV, Section 1, Section 4.01 concerning dwellings in Business and Professional Office Zone (BPO)… 
 
Page 3  In Ms. Zukowsky’s comments, second line, delete on 500 acres. 
 
Page 4  Under Communications and Development, second line, insert after “substance” abuse as this is consistent with the current State licensing regulations. 
 
Seconded by Mr. Mulholland.  The motion was unanimously approved. 
 
ADJOURNMENT 
 
Mr. Pozek made a motion to adjourn.  Seconded by Ms. Fillion.  The motion was unanimously approved. 
 
The meeting adjourned at 9:00 p.m. 
 
 
 
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