On Thursday, July 2, Newtown’s Planning & Zoning Commission held a regular meeting to continue discussions on applications 26.12 and 26.14 for text amendments to allow medical offices and restaurant uses in the M-5 zone, respectively.

Peter Olson, the attorney representing applicant 57 Church Hill Road, LLC, addressed the commission. These applications have been heard before by the commission as the development that is ongoing at 57 Church Hill Road is starting to seek tenants for the buildings. Two different restaurant businesses have expressed interest in the spot, but as it stands, the M-5 district did not allow restaurant use.

Olson explained the applications were kept open because there was no reply from the “regional planning agency,” or Western Council of Government. He asked if there was a reply, and if he could proceed without one.

Director of Planning & Land Use Rob Sibley said the person who tends to these applications has moved to a different Council of Government, and has been overwhelmed with responses. Olson explained the statue says a nonresponse can be “essentially construe[d]…as they don’t care.”

P&Z Chair David Rosen said he would like to vote on things if they can. Olson said he did not have anything to add but was happy to answer questions.

In response to Commissioner Peter Schwarz asking if the public hearing was still open, Rosen said it was. Rosen asked if anyone from the public would like to speak, but no one offered. He then made a motion to close the public hearing. The motion passed unanimously.

Rosen then asked the commissioners if they had any comments. Commissioner Barbara Manville said her “big issues is parking.”

“You know, we’ve being doing this a while, right? So we have Starbucks parking, which is a disaster, right? And another project that we approved was the Mitchell convenience store gas station, which is an accident waiting to happen,” Manville shared. “I really personalize everything … so if I’m going in for my breakfast sandwich, do I want to park way in the back of the building to get my breakfast sandwich?”

Manville asked people would park due to the variety of businesses that are either already operating at 57 Church Hill Road or are looking to move in. The Gym at Newtown has business often, and an orthopedic practice would be similar in terms of people coming in and out. Two restaurants, one serving grab-and-go breakfast and one serving dinner, would also have a lot of people entering and exiting the development.

Rosen said, “I guess I’m not as quite concerned about it as you are, but I do hear your point.”

Commissioner Roy Meadows asked Manville what her solution would be because believes there is adequate parking on site. Manville said she did not have a solution, but also raised concerns about traffic on Church Hill Road.

Rosen said no matter what goes into the development, there will be traffic entering and exiting.

“Right, but we don’t need to change the zone and what’s allowed there,” Manville replied.

“Fair enough,” Rosen said. He then asked for a motion to approve the applications.

Applications 26.12 and 26.14 were both approved with a 4-1 vote. Rosen, Meadows, Schwarz, and Alternate Commissioner Jill Soderholm voted in favor. Manville voted against both applications.

Text Amendment To Town Zoning Regulations

Application 26.08 by Town of Newtown — P&Z Commission, is for a text amendment to the Zoning Regulations of the Town of Newtown to modify text and definitions to a number of items, including Article I Section 2: Excavation and Earth Work, Article VIII Section 8: Height Limitations, Article VIII Section 3: Buffer Requirements, Article VIII Section 4: Prohibited Uses, Article I Section 6: Parking, Article VIII Section 3: Active Adult Housing, Article VI Section 8: SHDD, and Article VI Section 5: FHAR Article VI Section 3 and Article X –Site Development Plan.

At its previous meeting, the commission “went through, successfully, five additional changes” to electric vehicles, parking, Fairfield Hills, and site development plans. The commissioners also discussed Sandy Hook Design District at the last meeting, but Alternate Commissioner Charlie Gardner asked some clarifying questions which resulted in some more tweaks to the Sandy Hook Design District for accessory apartments/dwellings. With the changes presented, Sibley said it now matches other zones.

Sibley then went over other changes, such as the lacking “authorized agent,” which caused confusion for zoning officers as they “had no way to understand who the applicant was.”

Sibley also explained there was no explanation of “regulated activities” in the zoning regulations. He added a “centralized definition” at the beginning of the regulations related to “regulated zoning activities,” like new construction of new structures, expanding existing structures, work with landscaping, and others. Sibley also mentioned that supporting language for a new riparian buffer section was also updated.

Sibley then asked if there were any questions or comments from the commission.

Gardner asked if the regulated zoning activities would be used in “forthcoming regulations.” Sibley said yes and that it would be used in the buffer regulations, but should be used in other regulations throughout.

“This helps the zoning officer establish what [an application] is. It helps differentiate,” Sibley explained.

Rosen said events are not referred to at all within this definition.

Sibley replied, “Activities means something physically changed.” He then reread the definition, and came back to say that he guesses someone could look at it as events.

Gardner added that it says, “in addition, but not limited to” in the definition, and that could leave room for suggestions of regulated activities.

Sibley then discussed the Active Adult section.

“The notes of change that I put in, simply notice the fact that I’m recommending removing the section as no longer having any properties in the town that can be used for this zone. There are no properties which have ever used or actually had assigned this zone,” Sibley told the commission.

Rosen agreed to remove this section.

Sibley then discussed building height. Sibley and his staff created a definition that involves taking the grading on all sides of the proposed building, average it out, and the building height cannot be higher than 42 feet above that average grade of all sides.

This “side means side,” Sibley explained.

“A cupola or sides of a dormer, those are sides, still,” he added. Sibley also further explained the averaging and told the commission that the “grade” is the “finished ground level.” The commissioners held a discussion about this. Sibley invited the commissioners to draft simpler language to convey this message and asked them to “chew” on the proposal.

Sibley explained he had not yet gone through the sections about excavation, riparian buffers, or prohibited uses because they are all “pretty tied.”

Gardner then shared that he thinks some special design districts can be consolidated as there are more than 15 of them and some are rather similar. He then suggested to do this outside Application 26.08.

Gardner also asked about the riparian buffer overlap between Planning & Zoning and Inland Wetlands Commission. He said Inland Wetlands Commission already has a permitting process.

Sibley said he will discuss this more at the next meeting with information from a recent Western Council of Government study about the “nexus between pollution, heated water, thermal pollution, chemical pollution, and turbidity in water as impacting Long Island Sound.

“Every town that has its watershed empty into a water body system that eventually enters into Long Island Sound is responsible for adopting regulations like these at a zoning level,” Sibley explained further.

Following this discussion, Rosen asked if anyone from the public would like to comment. There were none. Rosen then asked if the definitions all the commissioners agree on could be compiled and set aside to make room for more discussion about the others.

The public hearing was continued to Thursday, July 16, 7 pm, Newtown Municipal Center’s Council Chambers.

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Reporter Sam Cross can be reached at sam@thebee.com.