MINUTES
Newtown Planning and Zoning Commission
SUBJECT TO APPROVAL
Land Use Office Regular Meeting
Council Chamber April 18, 2013
Primrose Street, Newtown, Connecticut
Present: Ms. Dean, Ms. Brymer, Mr. Porco and Mr. Swift. Alternates: Mr. 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
MANDATORY REFERRALS
MANDATORY REFERRAL FROM THE TOWN OF EASTON PLANNING & ZONING COMMISSION UNDER CONNECTICUT GENERAL STATUTE SECTION 8-7b FOR PROPOSED AMENDMENTS TO THE EASTON ZONING REGULATIONS CONCERNING SPECIAL EXCEPTION FOR PRE-EXISTING FARM AND FOREST ACTIVITES and TOWN GREEN CENTER DISTRICT
The Commission did not receive the details of this referral in time for the meeting and requested more time to respond. Therefore, it will be discussed at the next meeting.
PUBLIC HEARING
APPLICATION BY LINDA CAVALIERE FOR A TWO LOT SUBDIVISION, 90 HATTERTOWN ROAD, NEWTOWN, CONNECTICUT, AS SHOWN ON A CERTAIN SET OF PLANS ENTITLED “SUBDIVISION PLAN, 90 HATTERTOWN ROAD PREPARED FOR LINDA CAVALIERE, NEWTOWN, CONNECTICUT” DATED FEBRUARY 7, 2013, SCALE 1”=40’
The hearing was opened at 7:43 p.m.
Ms. Brymer read the call for the hearing.
Ms. Dean read the correspondence in the file and asked to hear from the applicant.
Larry Edwards, P.E., 227 Stepney Road, Easton, Connecticut, detailed the application, stating that there are no wetlands or steep slopes on what is very flat land. They are requesting fee-in-lieu of because there is no contiguous open space. Lot 2 has an existing home on it whereas lot 1 is vacant. The applicant would like to link lot 1 to the silo/cell tower currently in the corner of lot 2 by way of a ten foot easement. Currently mobile phone company maintenance people access the cell tower by illegally using the driveway on lot 2.
Bill Denlinger, Esq., 33 Main Street, Danbury, Connecticut submitted a letter from T-Mobile agreeing to the proposed access.
Ms. Dean asked to hear from the public.
Sarah Roman, 88 Hattertown Road, Newtown, Connecticut, owner of the house affected by the proposed easement was concerned because it would be right on the border of her front yard. She was concerned about additional vehicular use should other cell companies wish to utilize the tower.
The Commission was concerned about the accessway stating that accommodating the applicant could disturb a neighbor. After a brief discussion Ms. Roman offered the use of her property for an easement for access to the silo/cell tower. The Commission appreciated this offer and Mr. Denlinger said he would draft appropriate documentation. The ten foot strip will be maintained as a conservation easement.
The hearing was closed at 8:30 p.m.
ACTION
Ms. Brymer moved the following:
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Linda Cavaliere for a two lot subdivision, 90 Hattertown Road, Newtown, Connecticut, as shown on a certain set of plans entitled “Subdivision Plan, 90 Hattertown Road Prepared for Linda Cavaliere, Newtown, Connecticut” dated February 7, 2013, scale 1” = 40’
SHALL BE APPROVED with the following stipulations:
- A bond in the amount of $1,550 shall be submitted to secure the lot pins
- The subdivision map shall be modified as follows:
(a) Place a note on each lot as follows: “A fee-in-lieu of open space is approved in an amount to be approved by the Land Use Agency prior to the filing of the mylar.
(b) The ten foot access strip that connects the cell tower on lot 2 will not be used as an accessway
BE IT FURTHER RESOLVED that the application is consistent with the Subdivision Regulations and the R-2 zone.
BE IT FURTHER RESOLVED that this approval shall become effective on April 29, 2013.
Seconded by Mr. Spragg.
Vote: Ms. Dean Yes
Ms. Brymer Yes
Mr. Porco Yes
Mr. Swift Yes
Mr. Spragg Yes
Motion approved.
COMMUNICATIONS AND CORRESPONDENCE
LAND USE AGENCY DIRECTOR’S COMMENTS
Mr. Benson updated the Commission on progress with the Sandy Hook School discussions. He had a copy of the “Sandy Hook Advisory Committee Special Study 2013” which would be made available to the Commission. He noted that they began with 40 sites, ending with 5, including the current site. The third meeting was scheduled for April 19, 2013.
APPROVAL OF MINUTES
Mr. Spragg made a motion to approve the minutes with the following correction:
Page one – Paragraph beginning “As stated…” remove the d after purpose.
Seconded by Mr. Pozek. The motion was unanimously approved.
APPLICATION BY THE TOWN OF NEWTOWN PLANNING AND ZONING COMMISSION FOR UPDATE TO THE TOWN OF NEWTOWN PAN OF CONSERVATION AND DEVELOPMENT
Ms. Dean and Ms. Brymer have been working on the Conservation Commission submission. The document is longer than desired so they will reduce it and put it into current format keeping the original as a source document.
Ms. Dean will ask Elizabeth Stocker, Director of Economic and Community Development to submit her final report as soon as possible.
Ms. Dean would like to have the final document approved as soon as possible to begin the process of submitting it to the First Selectman and Legislative Council. Mr. Benson noted that they should have all maps on our own system, which can be updated as required.
ADJOURNMENT
Mr. Pozek made a motion to adjourn. Seconded by Mr. Porco. The motion was unanimously approved.
The meeting adjourned at 8:51 p.m.
| 
