MINUTES
Newtown Planning and Zoning Commission
SUBJECT TO APPROVAL
Land Use Office Regular Meeting
Council Chambers November 15, 2012
Primrose Street, Newtown, Connecticut
Present: Ms. Dean, Ms. Brymer, Mr. Porco and Mr. Swift. Alternate: Spragg seated for Mr. Mulholland and Mr. Pozek. 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 ATTORNEY PETER SCALZO FOR A PROPOSED AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE II, SECTION I, TO ELIMINATE IN SECTION 2.01.565 NAIL SALON AS A PROHIBITED USE IN THE AQUIFER PROTECTION DISTRICT.
Ms. Dean read the call for the hearing and the correspondence in the file. She then asked to hear from the applicant.
Peter Scalzo. Esq., 323 Stony Hill Road, Bethel, Connecticut advised that the proposal is to change the Aquifer Protection Regulations, specifically 565, which states the use with the exception if the establishment is connected to public water and sewers. The Commission is empowered to determine if a particular use has a significant impact on the aquifer. If approved, they would have to go before the Inland Wetland Commission for approval before applying for a Special Exception. He noted that the reason for removing nail salons from the Aquifer Protection Regulations is the change in the materials used by nail salons.
Mr. Benson noted that he and Mr. Sibley had discussed this matter and found that the materials now used are greener. They will verify that the materials are environmentally safe.
Ms. Brymer asked what was the largest size container used.
Kenny Kong, Owner, Bella Nails & Spa, 41 ½ Padanaram Road, Danbury, Connecticut described the materials used at his spa. Some materials come in gallon containers, which are divided into smaller ones. Nothing they use goes down the drain.
Ms. Dean explained that this application is for a zone change only. If approved, individual applicants need to apply for special exception. This would mean obtaining approval of the Inland Wetland Commission. She suggested that the current environmentally safe materials used should be considered.
There were no comments from the public.
The hearing was closed at 8:00 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Attorney Peter Scalzo for a proposed amendment to the town of Newtown Zoning Regulations at Article II, Section I, to eliminate in Section 2.01.565 Nail Salon as a Prohibited Use in the Aquifer Protection District.
SHALL BE APPROVED, with the following condition:
That the Land Use Agency submits a positive review of the proposed regulation change.
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 November 26, 2012.
Seconded by Mr. Porco
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Porco Yes
Mr. Swift Yes
Mr. Spragg Yes
Motion approved.
PUBLIC HEARING (Continued)
APPLICATION BY ALL STAR TRANSPORTATION FOR A SPECIAL EXCEPTION TO INSTALL A 5,000 GALLON DIESEL FUEL TANK AT 31 PECKS LANE, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN MAP ENTITLED “ALL STAR TRANSPORTATION SITE PLAN PROPOSED 5,000 GALLON DIESEL ABOVE GROUND STORAGE TANK INSTALLATION” DATED AUGUST 2012, SCALE HORIZONTAL 1’=40’.
Mr. Benson has the containment information adding that the application meets State regulations. Newtown regulations ask for a containment area in the event of possible spills.
John Dulour, President of All Star Transportation, 31 Pecks Lane, Newtown, Connecticut stated that there is a need for a trained person, with knowledge of how to fill tanks. Currently it requires four people, if approved that would go down to one. There would not only be labor savings but more control on use. This would service school buses only, thereby avoid abuse. They would check the bus number, mileage and the amount of fuel put in. They would have a use pan to catch any potential dripping while filling and a blue containment kit ready and available in case of spillage.
There were no comments from the public.
The hearing was closed at 8:20 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by All Star Transportation for a Special Exception to install a 5,000 gallon diesel fuel tank at 31 Pecks Lane, Newtown, Connecticut for the purpose of fueling school buses, as shown on a certain map entitled “All Star Transportation Site Plan Proposed 5,000 Gallon Diesel Above Ground Storage Tank Installation” dated August 2012, scale horizontal 1” = 40’
SHALL BE APPROVED with the following condition:
That the applicant submits site plan including a containment area of 110% of the tank volume per Newtown’s Zoning Regulations 5.09.170
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 II of the Zoning Regulations and the application to be consistent with the M-1 zone
BE IT FURTHER RESOLVED that this approval shall become effective on November 29, 2012.
Seconded by Mr. Spragg.
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Porco Yes
Mr. Swift Yes
Mr. Spragg Yes
Motion approved.
PUBLIC HEARING (Continued)
APPLICATION BY QUICKCOMM, INC. FOR A MODIFICATION TO A SPECIAL EXCEPTION TO CONSTRUCT A PARKING FACILITY AT 12 TURNBERRY LAND TO SERVE THE EXISTING QUICKCOMM BUILDING, LOCATED ON AN ADJACENT PARCEL, AS SHOWN ON A CERTAIN SET OF PLANS ENTITLED “PROJECT PLAN SET EXPANDED PARKING FACILITY PREPARED FOR QUICKCOMM, INC., LOT #12-TURNBERRY LAND, SANDY HOOK, CONNECTICUT” DATED AUGUST 29, 2012, REVISED 9/13/12, SCALE AS NOTED
The applicant was not represented therefore the hearing was continued.
MANDATORY REFERRALS
MANDATORY REFERRAL UNDER CGS 8-3b FROM THE TOWN OF OXFORD FOR A PROPOSED AMENDMENT TO THE OXFORD PLANNING AND ZONING REGULATIONS AT SECTION 10, ARTICLE 9 FOR PROPOSED AFFORDABLE HOUSING APPLICATIONS.
This was not considered a Mandatory Referral but advisory notice only.
MANDATORY REFERRAL UNDER CGS 8-14b FROM THE TOWN OF MONROE FOR A PROPOSED ZONE TEXT AMENDMENT TO THE TOWN OF MONROE ZONING REGULATIONS TO ADD A NEW SECTION IN ARTICLE III, SECTION 301.1170 ENTITLED “MIXED USE LANDMARK PROPERTY DEVELOPMENTS”, AND TO AMEND ARTICLE XXIV, SECTION 117-2402, MINIMUM PARKING REQUIREMENTS.
The Commission discussed the referral and found unanimously that it had no impact on Newtown. Mr. Benson will confirm that there is no impact to the aquifer. Ms. Dean will write to Monroe approving the proposal.
COMMUNICATIONS AND CORRESPONDENCE
Ms. Dean advised the Commission that Ms. Fillion had resigned her position as an alternate on the Commission.
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. Dean advised that she hopes to have everything completed by the end of the year. Nothing was heard from the Board of Selectmen and Legislative Council, which indicates that they have no comments.
Conservation and Natural Resources is still being reviewed. This might be pushed to be heard at the same time as Housing.
Once done, the final document will be sent to the Board of Selectmen and Legislative Council for approval before being sent to the State.
There is a need to designate open space at Fairfield Hills. Once maps are completed the Fairfield Hills Master Plan 2005 will be updated.
LAND USE AGENCY DIRECTOR’S COMMENTS
Mr. Benson had no comments for this meeting
MINUTES
Mr. Pozek made a motion to approve the Minutes of November 1, 2012 with the following corrections:
Page Two Under APPLICATION BY QUICKCOMM … Third line remove the letter “S” from the word ADJACENT and on the last line change “G” for “V” for the word REVISED.
Seconded by Mr. Swift
The motion was approved.
ADJOURNMENT
Mr. Pozek made a motion to adjourn. Seconded by Mr. Swift. The motion was unanimously approved.
The meeting adjourned at 8:54 p.m.
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