MINUTES 
Newtown Planning and Zoning Commission 
 
SUBJECT TO APPROVAL  
 
Land Use Office                                                                                   Regular Meeting 
Council Chambers                                                                                           July 19, 2012 
3 Primrose Street, Newtown, Connecticut                   
 
 
Present: Ms. Dean, Ms. Brymer, Mr. Mulholland and Mr. Swift.  Alternates: Ms. Fillion seated for Mr. Porco, Mr. Pozek and Mr. Spragg.  Also present: George Benson, Land Use Director. Clerk: Ms. Wilkin 
 
The meeting was opened at 7.37 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 CERES EARTH MATERIALS FOR A SPECIAL EXCEPTION TO ALLOW A MATERIALS PROCESSING, STORAGE AND SALES OPERATION TO PROCESS EARTH MATERIALS INTO TOP SOIL AND MULCH AND TO GRIND STOCKPILED WOOD PRODUCTS INTO WOOD CHIPS.  PROPERTY ADDRESS IS 253 SOUTH MAIL STREET/BUTTON SHOP ROAD AS SHOWN ON A CERTAIN SET OF PLANS ENTITLED “SITE IMPROVEMENTS IN NEWTOWN, CONNECTICUT PREPARED FOR CERES EARTH MATERIALS” DATED JUNE 6, 2012, REVISED 6/19/12, SCALE VARIOUS 
 
Ms. Dean read the call for the hearing and the correspondence in the file, after which she asked to hear from the applicant. 
 
Bill Carboni, Spath Bjorklund, 593 Main Street, Monroe, Connecticut, representing Ceres Earth Materials detailed the application with the aid of overhead maps.  Because the property is in the Aquifer Protection District a special exception is required.  Inland Wetlands and Conservation Commissions have approved the application.  There will be no retail sales on site.  Soil and mulch materials will be located in various places on site.  There will be storage bins and precautions taken to prevent any possible runoffs.  This is a sand and gravel site and therefore percolates quickly.  The screener and grinder will not be permanent on the site. 
 
Chris Genduso, Ceres Earth materials, 36 River Street, Bridgeport, Connecticut addressed questions regarding the materials that will be solely from wood and leaves.  No grass will be included.  Any coloring process will be done in the grinder.  All are natural.  Material will not have any added scents.   
 
Mr. Carboni added that a dry hydrant will be installed within six months of receiving all necessary permits.  Existing lighting will not change.  The only odors emitted would be organic decomposition only.   
 
Ms. Dean asked to hear from the public. 
 
Fred Rugio 19 Cynthia Lane, Shelton, Connecticut, executor for Richard Rugio 29 Button Shop Road, Newtown, Connecticut asked about noise levels and truck traffic as well as the effect on property values. 
 
Vince Cuocci, 30 Little Brook, Newtown, Connecticut asked what they could do in the event that there is residual smell or noise. 
 
Ms. Dean said that fines are imposed and if not addressed a cease and desist order would be issued. 
 
Mr. Carboni said that because the site has been sitting idly for years there should be no effect on property value.  The only noise would come from the grinder and screener that would be behind a 30 ft hill that will act as a buffer.  Their use would be intermittent.  Trucks will exit out to Route 25 at the light.  There is only one residence that would be affected.  The use would be seasonal with two to six employees but manned all year. 
 
The hearing was closed at 8:12 p.m. 
 
ACTION 
 
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by CERES Earth Materials for a Special Exception to allow a materials processing, storage and sales operation to process earth materials into top soil and mulch and to grind stockpiled wood products into wood chips.  Property address is 253 South Main Street/Button Shop Road as shown on a certain set of plans entitled “Site Improvements in Newtown, Connecticut prepared for CERES Earth Materials” dated June 6, 2012, revised 6/19/12, scale various 
 
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 is consistent with the M-1 zone. 
 
BE IT FURTHER RESOLVED that this approval shall become effective on July 30, 2012. 
 
Seconded by Mr. Mulholland 
                                        Vote:   Ms. Dean                Yes 
                                                Ms. Brymer              Yes 
                                                Mr. Mulholland  Yes 
                                                Mr. Swift               Yes 
                                                Ms. Fillion             Yes 
Motion approved. 
 
PUBLIC HEARINGS 
 
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 “PLAN OF CONSERVATION AND DEVELOPMENT 2012 DRAFT ARTICLE V “ACHIEVING THE VISION: SPECIAL AND OVERLAY DISTRICTS AND CORRIDORS”, DATED MAY 17, 2012 
 
Ms. Brymer distributed the updated draft to be discussed at the next meeting.  They have the Parks and Rec. report and have asked for more information from the Board of Education.  There is a lot of information from the Volunteer Fire Department. 
 
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 “PLAN OF CONSERVATION AND DEVELOPMENT 2012 DRAFT ARTICLE III “NEWTOWN IN PERSPECTIVE GROWTH, CHANGE AND TRENDS” DATED MAY 17. 2012 
 
To be discussed at a later date. 
 
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 
 
To be discussed at a later date. 
 
COMMUNICATIONS AND CORRESPONDENCE 
 
A letter from the Town of Monroe Planning and Zoning Commission dated July 3, 2012 regarding Application Number 12-2-RAA was distributed to the Commission for comment and to be discussed at the next meeting.  In the meantime the Commission unanimously agreed to respond indicating that they had no objection. 
 
LAND USE AGENCY DIRECTOR’S COMMENTS 
 
None at this time 
 
MINUTES 
 
Ms. Fillion moved to accept the Minutes of July 5, 2012 as submitted.  Seconded by Mr. Pozek.  The motion was unanimously approved. 
 
ADJOURNMENT 
 
Ms. Fillion made a motion to adjourn.  Seconded by Mr. Pozek.  The motion was unanimously approved. 
 
The meeting adjourned at 8:47 p.m. 
 
 
 
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