MINUTES
Newtown Planning and Zoning Commission
SUBJECT TO APPROVAL
Land Use Office Regular Meeting
Meeting Room #1 February 21, 2013
Primrose Street, Newtown, Connecticut
Present: Ms. Dean, Ms. Brymer, Mr. Porco and Mr. Swift. Alternates: Mr. Pozek seated for Mr. Mulholland and Mr. Spragg. Also present: George Benson, Land Use Director. Clerk: Ms. Wilkin
The meeting was opened at 7.33 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 ADVANCED FUSION SYSTEMS FOR AN AMENDMENT TO AN APPROVED SITE DEVELOPMENT PLAN AMENDED TO INSTALL A PROPANE TANK AND CHILLER, 11 EDMOND ROAD, NEWTOWN, CONNECTICUT AS SHOWN ON A CERTAIN SET OF PLANS ENTITLED “LAYOUT & MATERIALS PLAN, GRADING, DRAINAGE & EROSION CONTROL PLAN AND UTILITIES PLAN PREPARED FOR ADVANCED FUSION SYSTEMS, 11 EDMOND ROAD, NEWTOWN, CONNECTICUT, DATED MARCH 23, 2010 AND AUGUST 10, 2010. ASSESSOR’S MAP #25, BLOCK #2, LOT #3
Ms. Brymer read the call for the hearing.
Ms. Dean read the correspondence in the file and asked to hear from the applicant.
Dr. William Joyce, representing Advanced Fusion Systems, 11 Edmond Road, Newtown, Connecticut indicated on a site plan and with the use of aerial photos of the site where the proposed tank would be located. Linking up with the gas pipeline requires State approval, which could take a long time at an estimated cost of $4.5 million. In the meantime they are requesting approval of a 30,000 gallon tank instead of the approved 15,000 tank. The chiller would be placed on the roof. They plan on painting it white so it blends in with the snow during the winter months. The tank would be filled only during the day and any activity after dark would trigger lighting on a timer.
Ms. Dean asked to hear from the public.
Richard and Joellen Lawson, 46 The Boulevard, Newtown, Connecticut read and submitted a copy of their testimonial to the file. They also submitted two photos showing the proximity of the building and gas tank from their home. Their main grievance was the noise from the reversing truck beeps. They submitted details of reverse cameras that could be used in lieu of the beeps.
Bob Powell, 14 Enson Road, Norwalk, Connecticut, who is working at the site, said that the construction equipment should be removed within a week.
Dr. Joyce agreed that any future construction bidders would be required to use reverse cameras instead of beepers. He noted that the noise emanating from the pumps is within acceptable decibel levels. The tank would be refilled every couple of days.
The hearing was closed at 8:28 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Advanced Fusion Systems for an amendment to an approved site development plan amended to install a propane tank and chiller, 11 Edmond Road, Newtown, Connecticut as shown on a certain set of plans entitled “Layout & Materials Plan Grading, Drainage Z& Erosion Control Plan and Utilities Plan Prepared for Advanced Fusion Systems, 11 Edmond Road, Newtown, Connecticut, dated March 23, 2010 and August 10, 2010, last revised 1/7/13, Assessor’s Map #25, Block #2 Lot 3
SHALL BE APPROVED with the following conditions:
- Evergreen trees, plants and bushes with no or low allergy levels as rated by the OPALS (Ogren Plant Allergy Scale) system will be planted to block the view of the AFS facility. These trees, plants and bushes shall also hide the view of the chain link fence.
- Additional sound-proofing shall be used as needed to the chain link fence.
- New contracts for construction will require the use of back-up cameras as opposed to back-up alarms.
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 site development plan as set forth iin Section 10 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 March 4, 2013.
Seconded by Mr. Porco.
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Porco Yes
Mr. Swift Yes
Mr. pozek Yes
Motion approved.
APPLICATION BY MAKE A HOME FOUNDATION, INC. FOR AN AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT ARTICLE V, INDUSTRIAL ZONE, SECTION 7, INDUSTRIAL ZONE ASSESSORY USES, ADD TO 5.07.190, TEMPORARY RETAIL SALES “A NON-PROFIT 501c3 ORGANIZATION IS ALLOWED TWELVE (12) TOTAL SALES PER YEAR FOR A MAXIMUM OF TEN (10) DAYS PER MONTH
Ms. Dean read the call for the hearing and correspondence in the file.
Mr. Benson noted that zone changes usually come from the town, however this one is by residents.
Dan Telesco and Anita Pettengall, 87 Church Hill Road, Sandy Hook, Connecticut, renters of property located at 40 Highbridge Road, Sandy Hook, where they collect, store and distribute secondhand furniture and houshold items for distribution to less fortunate people. The building is 56,000 square feet and the overheads are very high. They are asking to be allowed to hold sales 12 days a month in order to help meet the running expenses. Their lease currently runs five (5) years and can be continued for another ten (10) years.
Mr. Benson noted that if approved it would become a town-wide change.
The Commission had a problem with the application because the building is in the limited industrial zone, which could be an income generator for the town. As a 5.07.190 non-profit, the town would receive nothing from them. The Commission agreed to visit the site before the next meeting, at which time they will make their decision.
APPLICATION BY PETER D’AMICO FOR A ZONE MAP CHANGE FROM M2-1 TO R-2 FOR PROPERTY LOCATED AT 90 MOUNT PLEASANT ROAD, NEWTOWN, CONNECTUT, ASSESSOR’S MAP #5, BLOCK #3, LOT #6
This application was withdrawn.
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR A PROPOSED AMENDMENT TO THE TOWN OF NEWTOWN ZONING REGULATIONS AT SECTION 6.05.800 PARKING IN THE SANDY HOOK DESIGN DISTRICT TO DELETE 6.05.800 (2)(a) “THAT THE OFF-SITE PARKING FACILITY IS LOCATED ON A L OT WHICH IS WITHIN THE SHDD”, AS CONTAINED IN A DRAFT DOCUMENT DATED FEBRUARY 1, 2013
Ms. Dean read the call for the hearing and read the correspondence in the file.
Mr. Benson explained the application that would allow businesses in the Sandy Hook Design District to share parking with an abutter not in the district within the 300 ft setback currently in the regulations. This relates to the Figs Restaurant who want to use parking at the church.
There were no comments from the public.
The hearing was closed at 9:11 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 Town of Newtown zoning regulations at Section 6.05.800 Parking in the Sandy Hook Design District to delete 6.05.800 (2)(a) “that the off-site parking facility located on a lot which is within the SHDD:, as contained in a draft document dated February 1, 2013
SHALL BE APPROVED.
BE IT FURTHER RESOLVED that the amendment is consistent with the Town of Newtown Plan of Conservation and Development
BE IT FURTHER RESOLVED that the amendment shall become effective on March 4, 2013
Seconded by Mr. Porco.
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Porco Yes
Mr. Swift Yes
Mr. pozek Yes
Motion approved.
PUBLIC HEARINGS (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 “PLAN OF CONSERVATION AND DEVELOPMENT 2012 DRAF ARTICLE V “OPEN SPACE” DATED DECEMBER 17, 2012
Mary Wilson, 12 Whippoorwill Hill, Newtown, Connecticut, joined the meeting that discussed the latest draft document dated 1/30/13. They noted that although the State allows hunting, as a general rule the town does not. Ms. Dean did not see mention of motorized vehicle prohibition on the trails. The section on trails was accepted as worded. Ms. Brymer will incorporate the information into The Plan.
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR UPDATE TO THE TOWN OF NEWTOWN PAN OF CONSERVATION AND DEVELOPMENT
Transportation is finished and will also be incorporated into The Plan.
COMMUNICATIONS AND CORRESPONDENCE
LAND USE AGENCY DIRECTOR’S COMMENTS
Mr. Swift raised the question of restricting gun shops. Mr. Benson said that they come under retail, and is considered an allowed use. It is similar to video stores, which are equally difficult to restrict.
Mr. Benson and Ms. Dean will have a meeting tomorrow (Friday, February 22, 2013)
Ms. Dean noted that the American Bar Association will hold a seminar at Weslyan and urged those who have not previously attended to do so. Information is available at the Land Use office.
APPROVAL OF MINUTES
The Minutes of February 7, 2013 was revised extensively and will be voted on and attached to the Minutes of the next meeting.
ADJOURNMENT
Mr. Pozek made a motion to adjourn. Seconded by Mr. Porco. The motion was unanimously approved.
The meeting adjourned at 9:35 p.m.
| 
