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11-21-13
  MINUTES
Newtown Planning and Zoning Commission

SUBJECT TO APPROVAL

Land Use Office                                                                          Regular Meeting
Council Chamber                                                                 November 21. 2013  
Primrose Street, Newtown, Connecticut           

Present: Ms. Dean, Mr. Mulholland, Ms. Brymer, Mr. Porco and Mr. Swift.  Alternate: Mr. Spragg.
Also present: George Benson, Land Use Director.  Clerk: Ms. Wilkin

The meeting was opened at 7.37 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

Before starting the meeting, Mr. Mulholland presented plaques to Ms. Dean and Ms. Brymer in recognition of their service to the Commission. This will be their last meeting on the Commission.

PUBLIC HEARING (Continued)

Application by the Town of Newtown Planning and Zoning Commission for update to the 2004 Town of Newtown Plan of Conservation and Development as contained in a draft document entitled “Town of Newtown Plan of Conservation and Development 2014 Update” dated August 15, 2013

Ms. Dean asked if there was anyone from the public wishing to address this.  Otherwise the document was considered complete.  She noted that Robert Hall, Esq., inquired about roads that were not paved, stating that once approved this could be an addendum to the document.  The document will not be forwarded to the State for acceptance and distributed.  It can also be downloaded from the Town website.

The hearing was closed at 7:45 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 update to the 2004 Town of Newtown Plan of Conservation and Development as contained in a draft document entitled “town of Newtown Plan of Conservation and Development 2014 Update” dated August 15, 2013

SHALL BE APPROVED

BE IT FURTHER RESOLVED that the Commission began this action to reorganize and undertake comprehensive update of the Newtown Plan of Conservation and Development following its adoption of the 2004 updated Plan of Conservation and Development.

BE IT FURTHER RESOLVED that the Commission held open the public hearings on the Plan of Conservation and Development to provide numerous and adequate opportunities for the public to comment on the Plan beginning October 7, 2010 through November 21, 2013

BE IT FURTHER RESOLVED that the updated Plan of Conservation and Development is consistent with the legislation of the State of Connecticut that requires the Planning and Zoning Commission to present an updated Plan of Conservation and Development every ten (10) years that will serve to protect the public health, safety and welfare within the community.

BE IT FURTHER RESOLVED that the updated Plan of Conservation and Development shall become effective on December 2, 2013.

Seconded by Mr. Porco
                                        Vote:   Ms. Dean                Yes
                                                Mr. Mulholland  Yes
                                                Ms. Brymer              Yes
                                                Mr. Porco               Yes
                                                Mr. Swift               Yes
Motion approved.


PUBLIC HEARING (Continued

Application by the Town of Newtown Planning and Zoning Commission for update to the Fairfield Hills Master Plan as noted in a certain document entitled “FAIRFIELD HILLS CAMPUS NEWTOWN, CONNECTICUT, MASTER PLAN, FAIRFIELD HILLS MASTER PLAN Amendment Work Group TOWN OF NEWTOWN” DATED May, 31, 2013.

Margorie Cramer, Fairfield Hills Master Plan amendment Work Group and member of the Conservation Commission, 38 Huntingtown Road, Newtown, Connecticut addressed the Commission.  After the discussion at the last meeting she requested that High Meadow and West Meadow be designated as open space.  They are very important habitats for birds, bugs and small animals.  

Mary Wilson, 12 Whippoorwill Hill, Newtown, Connecticut, Chairman of the Conservation Commission also asked that the meadows be designated as open space, stating that apart from the ecological system, the views should be enjoyed by everyone.  

Ms. Dean noted that with the current setbacks on Fairfield Hills, it is very unlikely that anyone would be interested in developing the meadows.  However, the meadows require management so they do not become overgrown.

Nancy Roznicki, 169 Hanover Road, Newtown, Connecticut thanked the P&Z for the work they had done and the Fairfield Hills Review Committee’s work to maintain the character of Newtown.  She was grateful that housing had been changed to mixed use.  She appreciated the need for affordable housing and generation of revenue.  Since December 14, 2012 Fairfield Hills has already become the center of activity in town and hopes it will continue.

There was a discussion regarding any potential development at Fairfield Hills.  Mr. Benson said that It is controlled by the town because the town owns the property.  The town can reject even permitted uses.  Mr. Spragg liked what had been explained.   Mr. Porco was concerned saying that Fairfield Hills is such a pristine place he hoped this does not open the door, resulting in what could be catastrophic.  Mr. Benson noted that the original adaptive use changed things over time.  It is not economically feasible to keep many of the buildings because they cannot be re-used.

There were a few revisions to the document to be finalized.

Before recessing for a while First Selectman Pat Llodra presented Ms. Dean and Ms. Brymer plaques in recognition of their work on behalf of the town.  She considered the Plan of Conservation and Development 2014 Update an extraordinary piece of work.  Ms. Dean has been on the Commission 16 years, Ms. Brymer 11 years.  As Chairman of the P&Z Ms. Dean showed patience, guidance and a sense of humor.  The town is a better place due to her tenure.

A recess was called at 8:45 p.m.

The meeting reconvened at 9:04 p.m at which time the hearing was closed.

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 update to the Fairfield Hills Master Plan as noted in a certain document entitled ‘FAIRFIELD HILLS CAMPUS NEWTOWN, CONNECTICUT, MASTER PLAN, FAIRFIELD HILLS MASTER PLAN Amendment Work Group TOWN OF NEWTOWN” dated May 31, 2013

SHAL BE APPROVED

BE IT FURTHER RESOLVED that the Commission finds that the updated Master Plan:

  • is consistent with the FHAR, C&A and APD zones
  • will not cause unacceptable congestion or traffic hazards on neighboring streets
  • will not impair property values in the neighborhood
  • will not create a health or safety hazard to persons or property on or off the campus
  • Is consistent with the Newtown Plan of Conservation and Development
  • acceptance of the following changes to the document:
        Page 8 – Vision Statement, Uses and Potential Themes
        Last paragraph –

        “To help make such limited commercial development more viable, proposals that provide mixed     use housing on upper floors of ……..”

        Page 26 – E. Housing (change to Mixed Use Commercial/Dwelling)

        Delete: “Since first…. Housing diversity”.

Begin: “While the Newtown Zoning Regulations still omits housing as an allowed use, the practice of actively discouraging dev elopers from presenting plans that included even a minimal amount of housing may have resulted in a loss of development that would have benefited the community by enabling some development and increasing the diversity of its members.  Therefore, this plan allows the site review process – with one or more well-publicized public hearings – to be considered for development, proposals that include a limited number of rental units where such units are clearly ancillary to any mixed use development and above commercial use and where they do not constitute the bulk of the development”
 
Delete the rest of the paragraph.

                
BE IT FURTHER RESOLVED that the updated Fairfield Hills Master Plan shall become effective on December 2, 2013

Seconded by Mr. Swift
                                        Vote:   Mr. Mulholland  Yes
                                                Mr. Porco               No
                                                Mr. Swift               Yes
                                                Mr. Spragg              Yes
Motion approved.

COMMUNICATIONS AND CORRESPONDENCE

Schedule of meeting dates 2014

The Commission unanimously approved the proposed 2014 meeting schedule

Ms. Dean advised that property on Pecks Lane had transferred ownership but remained the same use.  The new owners can operate under the existing special exception.  

Approval of Minutes

Mr. Porco made a motion to approve the minutes of November 7, 2013 as amended:

Page 1 – Fourth paragraph “Mr. Mulholland explained that this is (merely) a plan ….Delete the word merely.

Seconded by Mr. Swift.  Motion unanimously approved.

Land Use Agency Director’s Comments

Mr. Benson thanked Ms. Dean and Ms. Brymer for their years of input over the nine years of his tenure as Land Use Director.  Mr. Mulholland added that they had developed a smooth running Commission.  Mr. Spragg is also leaving the Commission and will be missed.  He thanked the Commission for what he has learned and enjoyed working with everyone.  Ms. Dean bid farewell, saying she had enjoyed working with everyone.

ADJOURNMENT

Mr. Spragg made a motion to adjourn.  Seconded by Mr. Swift.  The motion was unanimously approved.

The meeting adjourned at 9:20 p.m.