The Board of Selectmen held a regular meeting on Tuesday, September 5, 2006 in the meeting room at the C. H. Booth Library, Main Street, Newtown. First Selectman Rosenthal called the meeting to order at 5:30 pm.
PRESENT: First Selectman Herbert Rosenthal, Selectman Joseph Bojnowski, Selectman William Brimmer
ALSO PRESENT: Finance Director Ben Spragg, Town Engineer Ron Bolmer, Planning & Zoning Chairman William O’Neil, Planning & Zoning member Lilla Dean, 28 members of public, one member of press
VOTER PARTICIPATION: First Selectman Rosenthal felt that since most of the public was present for the item on the agenda regarding Turkey Hill/Turkey Roost/Little Brook Lane, he would speak to the issue first. He advised the other two Selectmen that an information meeting for the public was held last week and residents concerns were heard about a possible connection from Turkey Hill Road to Little Brook Lane. Petitions with 227 signatures were received, objecting to the through road. In April 2005, the developer had proposed extending the road from Little Brook to Turkey Roost. As an alternative, the Board of Selectmen had asked him to look at extending to Turkey Hill instead. The developer then met with the Town Engineer and 14 months later came up with a proposal that was
presented to the Zoning Board of Appeals. At the information meeting, a number of questions and comments regarding concerns about safety and deficiencies of the existing roads. Some of which might be addressed differently if this were a through road, such as widening. The original concern of the Board of Selectmen was access for emergency vehicles and having more than one way to get into the area. Another benefit was that the school buses could go through and children would not have to walk out to the bus stop. The Public Works Department was asked to look into other alternatives to address concerns about public safety without through road and still give the developer the right to his two lots. The Town Engineer has an alternative that should satisfy many of the residents. The proposal is to extend Turkey Hill Road along the same line as the proposed road but end it in a temporary cul-de-sac leaving an 80' gap between the end of Little
Brook and Turkey Hill Road. In the event of an emergency, the gap could be opened up but it would not be accessible to through traffic. This alternative would require withdrawing the request for variance “without prejudice” and resubmitting to ZBA.
Ms. Heidi Brisson, 5 Hemlock, asked if Public Works vehicles will be “cutting through”? The First Selectman replied that they would not – it would be used only for emergencies.
Mr. James McFarland, 45 Turkey Hill Road, submitted a letter encouraging the withdrawal of the request for variance. He asked if there would be a forum where residents will be able to see the new plan and give comment? The First Selectman replied that there would be another ZBA meeting for residents to comment regarding the variance. However, if anyone wants to see the road plan on comment on it, now is the time to do it. If the Board of Selectmen agrees with the alternate plan, they would submit a withdrawal of the request for variance and re-submit with the new plan.
Ms. Debbie Leidlein, 29 Little Brook Lane, asked if this alternate plan has been submitted to Mr. DeLucia (owner)? The First Selectman stated that it had not as of yet. He wanted to present it to the Board of Selectmen this evening to see if they agree. Mr. DeLucia would also need to agree.
Ms. Natalia Aparicio, 31 Little Brook Lane, thanked the Selectmen for coming up with a creative solution and for listening to the concerns of the residents and the need for emergency access.
Mr. James Smith, 2 Little Brook, asked if the variance has changed. Town Engineer Ron Bolmer stated that the variance is exactly the same as before.
James McFarland, 45 Turkey Hill Road, asked what kind of assurance they have that making this a through road will not come up again in the future. First Selectman Rosenthal advised that the Board of Selectmen is the only board that has authority over connection of roads. If this current Board of Selectmen were to make any changes, they would have a public information meeting. He cannot guarantee that a future Board of Selectmen would not decide to open the connection between the two roads. If they did, there would be a referral to the Planning & Zoning Commission who would publicly notice their meeting but would not be required to notify abutting properties. When asked, Mr. Rosenthal replied that the town will hold the deed to the
property between the two cul-de-sacs.
ACCEPTANCE OF MINUTES: Upon motion by Selectman Brimmer, the minutes of the 8/21/06 meeting were unanimously carried.
UNFINISHED BUSINESS – None
NEW BUSINESS
Little Brook Lane and Turkey Hill Road
Selectman Brimmer moved to modify a proposal presented to the Board of Selectmen on 4/18/05 to an alternative made by the Town Engineer to extend Turkey Hill Road and form a cul-de-sac ending 80' from the end of Little Brook Lane as shown on map dated 5/5/06. Motion seconded and unanimously carried.
Selectman Brimmer moved to withdraw, without prejudice, the application to the Zoning Board of Appeals for a variance for two lots on behalf of Mr.Tony DeLucia caused by connecting Turkey Hill Road and Little Brook Lane. Motion seconded and unanimously carried.
Selectman Brimmer moved to authorize the Public Works Department and Town Engineer to submit a new request for variance to the Zoning Board of Appeals in support of Mr. DeLucia’s proposal for two lots caused by the Turkey Hill Road extension. Motion seconded and unanimously carried.
This alternative plan will need to be presented to Mr. DeLucia for his approval and an agreement will need to be brought back to the Board of Selectmen for approval, if approved by the ZBA.
Fire Suppression Tank Bond Release, Hoseye Coach Road, “Hoseye Coach Estates” Subdivision
Selectman Brimmer moved to approve release of the Fire Suppression Tank Bond for Hoseye Coach Road, “Hoseye Coach Estates” Subdivision in the amount of $30,000. Motion seconded and unanimously carried.
Driveway Bond Releases/Extensions
Selectman Brimmer moved to approve release of two driveway bonds and approve six month extensions for two driveway bonds as outlined on attachment. Motion seconded and unanimously carried.
Presentation by Planning & Zoning Commission Chairman – South Main Street
Mr. William O’Neil, P&Z Chairman was present, along with Ms. Lilla Dean, P&Z member. Mr. O’Neil advised that since the Commission finished the Plan of Conservation and Development, they have been looking at a strategic solution for managing growth on South Main Street. He then gave a presentation ending with plans for the next steps: 1) amending the Plan of Conservation and Development to incorporate a South Main Street Village District, 2) amending the Zoning Map to add the new South Main Village District (SMVD) Overlay Zone; 3) amending the Zoning Regulations to add the SMVD and the Special Development District regulations.
The Board of Selectmen members expressed their appreciation for the efforts being made by the Planning & Zoning Commission members.
Possible Ordinance – Board of Assessment Appeals
First Selectman Rosenthal advised that Sec. 9-199 of the CT General Statutes authorizes towns to adopt an Ordinance allowing the appointment of additional members to the Board of Assessment Appeals for certain fiscal years. The Fall of 2007 will be another Revaluation year and the Board of Assessment Appeals will need more help to handle appeals.
Selectman Brimmer moved to recommend to the Legislative Council to adopt an Ordinance allowing the appointment of additional members to the Board of Assessment Appeals. Motion seconded and unanimously carried.
ADD TO AGENDA:
Selectman Bojnowski moved to ADD to the agenda the acceptance of an easement from the State of Connecticut. Motion seconded and unanimously carried.
First Selectman Rosenthal advised that Al’s Trail currently encompasses 9-10 miles through the town. To get from the end of Commerce Road under I-84 and along the Pootatuck, the State is granting an easement across their property. Assistant Director of Parks Carl Samuelson has prepared a financial impact of this easement, which he estimates at $500 per year for pruning if necessary.
Selectman Bojnowski moved to accept an easement from the State of Connecticut as outlined on Map entitled “Map Showing Easement Granted to The Town of Newtown by The State of Connecticut Department of Transportation, I-84 at the Pootatuck River, dated January 21, 2005” and to recommend approval by the Legislative Council. Motion seconded and unanimously carried.
First Selectman noted that Ms. Patricia Barkman has worked hard on getting this easement from the State to complete Al’s Trail and she should be thanked for efforts.
APPOINTMENTS - None
LEGAL MATTERS
Selectman Brimmer moved to enter executive session for the purpose of discussing a legal matter and to invite the Finance Director and Clerk to attend. Motion seconded and unanimously carried. Meeting entered executive session at 7:05 p.m. and returned to open session at 7:08 p.m.
Selectman Bojnowski moved to authorize legal defense in the matter Dauti vs. Planning & Zoning Commission. Motion seconded and unanimously carried.
Having no further business, the meeting was adjourned at 7:10 p.m.
Jan Andras, Clerk
Attachment: Driveway Bond Releases/Extensions
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