MINUTES
Newtown Planning and Zoning Commission
SUBJECT TO APPROVAL
Land Use Office Regular Meeting
Meeting Room #1 March 7, 2013
Primrose Street, Newtown, Connecticut
Present: Ms. Dean, Mr. Mulholland, Mr. Porco and Mr. Swift. Alternates: Mr. Spragg seated for Ms. Brymer and Mr. Pozek. 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
MANDATORY REFERRALS
MANDATORY REFERRAL UNDER CGS 8-24 FROM THE BOROUGH OF NEWTOWN FOR APPLICATION BY ST. ROSE CHURCH CORPORATION FOR VILLAGE DISTRICT, SITE DEVELOPMENT PLAN AND SPECIAL EXCEPTION APPROVALS FOR PROPERTY LOCATED AT 38, 40, 42 AND 46 CHURCH HILL ROAD, NEWTOWN, CONNECTICUT
John Madzula, Architect, 20 Boulevard, Newtown, Connecticut, explained the application. The applicant wants to build a new building for religious education due to overcrowding in the existing building. No additional parking would be required. The building design blends in with the building. Solar panels would be installed making it energy efficient. The Commission had no problem with the application and agreed that Ms. Dean should write a letter to the Borough.
MANDATORY REFERRAL UNDER CGS 8-24 FROM THE BOROUGH OF NEWTOWN FOR PROPOSED AMENDMENTS TO THE BOROUGH OF NEWTOWN ZONING REGULATIONS AT SECTION 8.04.F.1 PERTAINING TO BONDING AND AT SECTION 9.07 PERTAINING TO FEES
Don Mitchell, representing the Borough of Newtown allowing the Borough to pass on potential expenses to applicants if an engineering consultant is required. In recent years certain developers have become mired by extended permit time, resulting in the Borough being burned a few times because of uncompleted development phasing. There was a discussion about what the bond would cover. It should cover the infrastructure on the property such as parking, drainage, etc. Mr. Mitchell agreed to the suggested re-wording of the amendment. Ms. Dean will write a letter to the Borough stating that the Commission had no problem with the application, once it is re-worded.
PUBLIC HEARING (Continued)
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 noted that a number of people contacted the Commission in support of this application. The requested change would change the designation of building, which is currently storage to mercantile. Many things would need addressing under the building code. This change would apply to every storage facility in town.
The hearing was closed at 8:47 p.m.
ACTION
Mr. Mulholland made the following motion:
BE IT RESOLVED by the Newtown Planning Commission that the 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 Accessory 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
SHALL BE DISAPPROVED
Seconded by Ms. Dean
Mr. Mulholland was not in favor of ten days a month. Mr. Spragg suggested maintaining the building as a warehouse, opening up a separate retail space. Ms. Dean wondered if the applicant considered setting up an on-line shopping site.
Vote: Ms. Dean Yes
Mr. Mulholland Yes
Mr. Porco Yes
Mr. Swift Yes
Mr. Spragg Yes
Motion approved.
PUBLIC HEARING
APPLICATION BY ADARE INVESTMENTS FOR A TWO LOT SUBDIVISION, 37 OLD BETHEL ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN SET OF PLANS ENTITLED “HEATHER ESTATES, 37 OLD BETHEL ROAD, NEWTOWN, CT.” DATED FEBRUARY 5, 2013, SCALE AS NOTED.
The hearing was opened at 9:03 p.m.
Ms. Dean read the call for the hearing and the correspondence in the file, after which she asked to hear from the applicant.
Mike Mazzucco, Esq., 19A Ta’agan Point Road, Danbury, Connecticut, representing the applicant, explained all pertinent aspects of the application. There would be two lots, each with individual on-site septic and wells.
Ms. Dean asked for public comments.
Mary Wilson, 12 Whippoorwill Hill, Newtown, Connecticut, member of the Conservation Commission had questions about the open space percentages. Ms. Dean explained that there was no problem as long as the minimum requirement was met. The applicant offered fee in lieu, but the town asked for open space because the adjoining property might be offered to the town, which would allow access to the public.
Matt Rose, 32 Charcoal Ridge Drive So., Danbury, Connecticut, explained why there would be no way to access the open space.
The hearing was closed at 9:30 p.m.
Ms. Dean moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Adare Investments for a two lot subdivision 37 Old Bethel Road, Newtown, Connecticut, as shown on a certain set of plans entitled “Heather Estates, 37 Old Bethel Road, Newtown, CT” dated February 5, 2013, scale as noted
SHALL BE APPROVED with the following stipulations:
- A lot pin bond in the amount of $2,250.00 shall be submitted. Three more pins should be placed where the proposed lots meet the Open Space parcel.
- The applicant/developer shall permanently field mark the conservation easements, access easement on every lot prior to the issuance of a building permit to permit potential home buyers to visually identify the easement areas.
- The applicant shall record, on the land records, the executed conservation easements and access easement for each lot along with the subdivision map.
- The open space shall be in compliance with open space regulation 4.05.240
BE IT FURTHER RESOLVED that the application is consistent with the Subdivision Regulations and the F&R-R-2 zone.
BE IT FURTHER RESOLVED that the approval shall become effective on March 18, 2013.
Seconded by Mr. Spragg.
Vote: Ms. Dean Yes
Mr. Mulholland Yes
Mr. Porco Yes
Mr. Swift Yes
Mr. Spragg Yes
Motion approved.
PRESENTATION OF THE NEW MASTER PLAN FOR FAIRFIELD HILLS
Peter D’Amico, 20 Silver City Road, Newtown, Connecticut, a town resident since 1980, described his conceptual ideas for the Fairfield Hills campus. A part of the concept is to develop a town center using buildings that could be salvaged and rebuilding others to include retail space, restaurants and residences. There would be a 5-K route, a clubhouse overlooking a lit field. If the Parks & Rec does not build a swimming pool, this could also be considered.
Phil Clarke, Architect, 7 Currituck Road, Newtown, Connecticut, helped design the plan. He identified any building that could be re-used. Plymouth Building is to be the new Children’s Museum.
Mr. Mulholland said that this concept fits in with what people said they want. Ms. Dean said it was a good jumping off point. She added that, due to the decrease in children enrolled in school, the previous field requirement could be lowered. Mr. Benson considered it a better plan than the current one. Mr. Porco asked if the town can support something like this.
Ms. Dean thanked Mr. D’Amico for his time and interest in the project.
PUBLIC HEARING (Continued)
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR UPDATE TO THE TOWN OF NEWTOWN PAN OF CONSERVATION AND DEVELOPMENT
Ms. Dean advised that the final document might be ready for discussion at the next meeting.
COMMUNICATIONS AND CORRESPONDENCE
LAND USE AGENCY DIRECTOR’S COMMENTS
Nothing to discuss
APPROVAL OF MINUTES
Mr. Spragg made a motion to approve the Minutes of February 7, 2013 as revised and attached and February 21, 2013 as submitted. The motion was unanimously approved.
ADJOURNMENT
Mr. Pozek made a motion to adjourn. Seconded by Mr. Porco. The motion was unanimously approved.
The meeting adjourned at 10:20 p.m.
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