MINUTES 
Newtown Planning and Zoning Commission 
 
SUBJECT TO APPROVAL  
 
Land Use Office                                                                        Regular Meeting 
Council Chamber                                                              August 15. 2013   
Primrose Street, Newtown, Connecticut             
 
Present: Ms. Dean, Mr. Mulholland, Ms. Brymer and Mr. Swift.  Alternates: Mr. Pozek seated for Mr. Porco and Mr. Spragg.  Also present: 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 
 
DISCUSSION AND POSSIBLE ACTION 
 
Application by Toll CT lll Limited Partnership for a zone map change to add approximately 190 feet depth to the existing BPO zone with corresponding reduction in the EH-10 zone, 176 Mt. Pleasant Road, Newtown, Connecticut, as shown on a certain set of plans entitled “Proposed Amendment to Special Exception and Zone Map Change, Newtown Woods 12-16 Pocono Road and Mt. Pleasant Road (Route 6) Newtown, Connecticut” dated May 7, 2013, scale various, Assessor’s Map 2, Block 5, Lot 31 
 
Application by Toll CT lll Limited Partnership for a two lot re-subdivision, 176 Mt. Pleasant Road and 12-16 Pocono Road, Newtown, Connecticut, as shown on a certain set of plans entitled “Proposed Amendment to Special Exception and Zone Map Change, Newtown Woods 12-16 Pocono Road and Mt. Pleasant Road (Route 6), Newtown, Connecticut” dated May 7, 2013, scale various, Assessor’s Map 2, Block 5, Lot 31 
 
Application by Toll CT lll Limited Partnership for an amendment to a special exception to reduce the approved area for the Newtown Woods project from 49.24 acres to 48.07 acres, 176 Mt. Pleasant Road and 12-16 Pocono Road, Newtown, Connecticut, as shown on a certain set of plans entitled “Proposed Amendment to Special Exception and Zone Map Change, Newtown Woods 12-16 Pocono Road and Mt. Pleasant Road (Route 6Z) Newtown, Connecticut” dated May 7, 2013, scale various, Assessor’s Map 2, Block 5, Lot 31 
 
These applications were held open till members of the Commission had a chance to walk the property.  Ms. Dean said a lot of thought has gone into them.  Zone changes are not made lightly and there is usually a valid reason to do so.  As it stands now the existing BPO lot is large enough to accommodate a professional office building.  Without a zone change there is no issue with the other applications.  The Commission agreed, noting that any change would be harmful to the Liberty residents. 
 
Mr. Spragg will vote in lieu of Ms. Brymer, who was not able to listen to the tape of the previous proceedings. 
 
Ms. Dean moved the following: 
 
 
 
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Toll CT lll Limited Partnership for a zone map change to add approximately 190 feet depth to the existing BPO zone with a corresponding reduction in the EH-10 Zone, 176 Mt. Pleasant Road, Newtown, CT, as shown on a certain set of plans entitled “Proposed Amendment to Special Exception and Zone Change Map Change, Newtown Woods, 12-16 Pocono Road and Mt. Pleasant Road (Route 6) Newtown, Connecticut” dated May 7, 2013, scale various. Assessor’s Map 2, Block 5, Lot 31 
 
SHALL BE DISAPPROVED 
 
Seconded by Mr. Pozek 
                                Vote:           Ms. Dean                Yes 
                                                Mr. Mulholland  Yes 
                                                Mr. Swift               Yes 
                                                Mr. Pozek               Yes 
                                                Mr. Spragg              Yes 
Motion approved. 
 
Ms. Dean moved the following: 
 
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Toll CT lll Limited Partnership for a two lot resubdivision, 176 Mt. Pleasant Road and 12-16 Pocono Road, Newtown, CT, as shown on a certain set of plans entitled “Proposed Amendment to Special Exception and Zone Map Change, Newtown Woods, 12-16 Pocono Road and Mt. Pleasant Road (Route 6) Newtown, Connecticut” dated May 7, 2013, scale various, Assessor’s Map 2, Block 5. Lot 31 
 
SHALL BE DISAPPROVED 
 
Seconded by Mr. Pozek 
                                Vote:           Ms. Dean                Yes 
                                                Mr. Mulholland  Yes 
                                                Mr. Swift               Yes 
                                                Mr. Pozek               Yes 
                                                Mr. Spragg              Yes 
Motion approved. 
 
Ms. Dean moved the following: 
 
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Toll CT lll Limited Partnership for an amendment to the special exception to reduce the approved area for the Newtown Woods project from 49.24 acres to 48.07 acres, 176 Mt. Pleasant Road and 12-16 Pocono Road, Newtown, CT, as shown on a certain set of plans entitled “Proposed Amendment to Special Exception and Zone Map Change, Newtown Woods, 12-16 Pocono Road and Mt. Pleasant Road (Route 6) Newtown, Connecticut” dated May 7, 2013, scale various, Assessor’s Map 2, Block 5, Lot 31 
 
SHALL BE DISAPPROVED 
 
Seconded by Mr. Spragg 
                                Vote:           Ms. Dean                Yes 
                                                Mr. Mulholland  Yes 
                                                Mr. Swift               Yes 
                                                Mr. Pozek               Yes 
                                                Mr. Spragg              Yes 
Motion approved. 
 
DISCUSSION AND POSSIBLE ACTION 
 
APPLICATION BY FRANCES TYLUKI AND KEVIN ROCHE FOR A DETACHED ACCESSORY APARTMENT, 72 TAUNTON HILL ROAD, NEWTOWN, CT. 
 
Ms. Dean advised that if this type of application meets regulations and is a straightforward request, it could be handled in the office without the necessity of coming before the Commission.  She felt sure this meets Health Department septic requirements.  The Commission agreed. 
 
Ms. Brymer moved the following: 
 
BE IT RESOLVED by the Newtown Planning and Zoning Commission that the application by Frances Tyluki and Kevin Roche for a detached accessory apartment, 72 Taunton Hill Road, Newtown, CT, Assessor’s May 6, Block 1, Lot 1 
 
SHALL BE APPROVED pending approval of the Health Department 
 
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 and the application to be consistent with the zone 
 
BE IT FURTHER RESOLVED that the approval shall become effective on August  26, 2013 
 
Seconded by Mr. Spragg 
                                Vote:           Ms. Dean                Yes 
                                                Mr. Mulholland  Yes 
                                                Ms. Brymer              Yes 
                                                Mr.
Swift               Yes                                                                             Mr. Pozek          Yes 
Motion approved. 
 
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. Brymer advised that the document is on the website except for the Table of Contents and Executive Summary.  Other than that it is ready for a vote.  Mr. Mulholland will provide additional pictures.  Ms. Dean wants to send the final version to HVCEO, the First Selectman and Legislative Council by the end of the month. 
 
COMMUNICATIONS AND CORRESPONDENCE 
 
Approval of Minutes 
 
Ms. Dean made a motion to accept the minutes of July 18, 2013 as amended: 
 
Page 2  4th line down.  Delete “Congregate living was considered half a unit” 
 
        Paragraph beginning “Thomas Beecher … change “advised constantly their” to “expressed”   
Page 3  Paragraph beginning “Michael Tschantz … change “currently: to “current” 
 
        First paragraph under DISCUSSION – delete the r from the word peninsular 
 
Seconded by Mr. Mulholland.  Vote unanimously approved. 
 
Ms. Brymer made a motion to accept the Minutes of August 1, 2013 as submitted.  Seconded by Mr. Pozek.  Vote unanimously approved.       
 
Land Use Agency Director’s Comments 
 
Mr. Benson was not present. 
 
ADJOURNMENT 
 
Mr. Pozek made a motion to adjourn.  Seconded by Mr. Swift.  The motion was unanimously approved. 
 
The meeting adjourned at 8:44 p.m. 
 
 
 
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