The Newtown Planning and Zoning Commission (P&Z) had two main items on its October 21 meeting agenda, as well as an executive session.

P&Z Chair Don Mitchell led the group in discussing a referral from the Newtown Borough Zoning Commission for a Special Exception, submitted by EK Legacy LLC, for a property at 27 Church Hill Road, so as to permit a new medical office building with associated driveways, parking lots, drainage, and utilities.

Mitchell noted, “If you’re familiar with it, I believe it is the property next to Hawley [Elementary] School with the older building.”

He explained that their job was to review it to see if it is consistent or inconsistent with the plan of development.

Kevin Solli, founder/principal of Solli Engineering, explained that currently there is an existing house on the property that is somewhat in disrepair. They are proposing to reconstruct a building in accordance with the Borough of Newtown.

“It’s a pretty straightforward application, and we think it will be a great addition to the community,” Solli said.

He added that there will be a two-way driveway, it will be a single-story building, and that it is a “modest-sized facility.”

Mitchell voiced, “There are a ton of questions I’d love to ask, but I’m not on the [Borough] Zoning Commission.”

As for what his commission was there to speak about, he said, “I for one can’t see where this is contrary to anything in the plan of development, and I’m sure it will be beneficial for the Borough and for the town.”

The P&Z unanimously voted that the referral is consistent with the plan of development.

Executive Session

Midway through the meeting, the commission went into a private executive session to discuss legal matters regarding an existing P&Z appeal.

Mitchell explained that it specifically pertained to denying an application for 13 Hawleyville Road due to traffic safety.

Upon returning, Mitchell said on the record, “After discussing it, at this point we don’t have a change in the commission’s opinion. I will talk to George [Benson, Land Use Agency’s director of planning] in how we go forward. At this time, it is back in somebody else’s hands.”

Public Hearing

A public hearing was conducted for Application 21.23 by the Town of Newtown Land Use Agency, for Text Amendments to the Town of Newtown Zoning Regulations to (1) change the Definition of Accessory Apartment in Article 1, Section 2 Interpretations and Definitions, (2) to delete §3.01.491-§3.01.506, and (3) to add §3.01.500-§3.01.506.

Land Use Agency Deputy Director of Planning Rob Sibley explained that this was brought to the P&Z because of a public act that revised the general statutes.

“Basically, what it did is it level the playing field for accessory apartments across the state. This was sort of was a nudge/push towards having everyone have similar regulations across the state for accessory apartments. It’s also to help the diversity of housing,” Sibley said.

He shared that he recently spoke to the Borough of Newtown about this already and the text amendment language being proposed for the town is nearly identical to the Borough’s text amendment.

The commission needed to review it because they are required to match the general statutes, Sibley added.

He read that the new definition of accessory apartments, which cannot be modified and as required by state statues, is “A separate dwelling unit A.) That is located on the same lot as the principal dwelling unit of greater square footage B.) Has kitchen facilities, and C.) Complies with or is otherwise exempt for any applicable building code, fire code, and health and safety regulation.”

Sibley went on to request that the town’s current two sections for accessory attached and accessory detached apartments be removed, because the statute does not specify between attached and detached apartment regulations.

He noted that the section that describes kitchen facilities is up to date and does not need any changes.

Sibley continued, “The second thing required [is], ‘The accessory apartment shall have a maximum floor area of 1,000 square feet or 40% of the main dwelling floor area, whichever is less. That is required to have that square footage.’”

The town’s zoning regulations currently have accessory apartments listed as requiring 800 square feet.

Sibley went through other specifics updates, including about parking spaces, water supply, and waste disposal.

The commission took a vote and unanimously agreed to the updates, which become effective November 13.

For more information about upcoming Planning and Zoning Commission meetings, visit newtown-ct.gov/planning-zoning-commission.

Reporter Alissa Silber can be reached at alissa@thebee.com.