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Minutes of Planning Commission, 07/14/2015

AGENDA: Planning Commission

RECEIVED 07/16/2015 3:03pm

Notice: Trying to get property 'name' of non-object in /home/customer/www/ on line 46


Present: Diane Taylor, Chairman; James Bacon; Anda Cumings; Nancy King; Regina O’Brien, Alt., seated for T. Welles.

Absent: Toby Welles; Michael Nostin, Alt.

Also present:   Jo-an Brooks, Land Use Coordinator
Peter Olson, Commission Counsel
John Hayes, Town Planning Consultant
Leon Karvelis, Selectman

The Chairman called the meeting to order at 7:32 p.m.

I.       APPROVAL OF MINUTES    – Meeting of 6/23/15       -Site Walk 7/11/15, 220 Umpawaug Rd.

On the motion of J. Bacon and the second of N. King, the Commission voted unanimously to approve the 6/23/15 Meeting Minutes as amended:  Page 2, third paragraph, add to end “Site Walk scheduled for 7/11/15 at 9:00 a.m.”

On the motion of R. O’Brien and the second of N. King, the Commission voted unanimously to approve the 7/11/15 Site Walk Minutes.


1.  Jose Goncalves, App. #506, Lot #2, 220 Umpawaug Road. Request to enlarge Building Construction & Restriction Line a short distance. To discuss the 7/11/15 Site Walk.
Mr. Goncalves was present along with Brook Clark. The Site Walk findings were reviewed and options were presented re: grading.  J. Hayes will review the plans and submit a report for discussion at the next meeting.

2.  Reference App. # 492, 4 Long Wall Road. Request by Steven Santa to nullify Settlement Agreement creating affordable housing unit.
Tom Santa was present for the applicant.  P. Olson and A. Pardee reviewed the history and current request to nullify the Settlement Agreement.  P. Olson outlined the steps required and estimated costs for the Town to modify the judgment.  Such funds are not available in the current fiscal year. Further investigation will follow.

3.    A.   Request from Michael Handy, Agent, 59 Black Rock Turnpike, to subdivide property per 1989 ZBA variance.
No one was present for the applicant.  No discussion.

4.  Referral from Zoning: Amendment to Zoning Regulation Section 5.19 re moratorium on acceptance of Medical Marijuana Dispensary and production facility. Public Hearing 8/12/15.
D. Taylor read the moratorium into the record. J. Hayes stated that the proposed Amendment does not conflict with the Town Plan of Conservation & Development.
On the motion of J. Bacon and the second of N. King, the Commission voted unanimously to forward a letter to Zoning recommending a one-year extension.

5.  Request from Shawn Wade, 65 Town’s End Road, Newtown, to have Town trim the road four feet back from the travelway.
Shawn Wade was present.  He reviewed the current status and request for clearing four feet on each side of the road and 16 feet high.
D. Taylor read a letter from T. Welles recommending clearing three feet on each side and more frequent maintenance.
Site Walks will be conducted on an individual basis and discussion will continue at the next meeting.

6.  56 Marchant Road. Vanoni/Heyman. Request to discuss drainage onto a Scenic Road.
N. King recused herself from the Commission for this discussion and spoke on behalf of the applicants. A map was displayed and the drainage issue was reviewed in detail. Town records were reviewed and no drainage easements are recorded for either the applicants or the neighboring property.
Options for remediation were reviewed.
On the motion of D. Taylor and the second of N. King, the Commission voted unanimously to send a letter to the First Selectman and the Highway Department requesting review.

3.   B. Ref. App. #503, Lot 1. Request by Attorney George Cohen for R. Prusak, owner, to leave electric on poles or bond the undergrounding of utilities to be installed prior to an agreed upon date.
Atty. Cohen was present for the applicant. After review of the request, a letter will be submitted requesting an amendment to the original conditions of approval and a waiver of the Regulation re: undergrounding bonding.

3.   C.  Ref. App. #381. Request from Wayne Jones (Chm, Homeowner Assoc.), Long Meadow and Meadow Edge Road being repaved 7/15/15.  Mr. Jones seeks solution to continual destruction of cul-de-sac by plows. Reconfigure, remove curbs, vs.. agreement with the Highway Department re methods of plowing. Latter recommended by Jeff Hanson.
Wayne Jones was present.  Curb damage as a result of snow plowing was reviewed and options for preventing ongoing damage were discussed.  A meeting with representatives from the Board of Selectmen, Highway Department and Planning Commission re: plowing of cul-de-sacs was recommended.


Subdivision Application #526, Willard and Catherine Rowley (owners), – “Old Stone Estates, LLC”, P.W. Scott Engineering & Architecture, PC (agent), 12 Marchant and 55 Chestnut Woods Roads. Proposed subdivision of 65.60 acres into 12 lots. (App. #525 withdrawn at Meeting of 2/24/15). Received 3/10/15. Presentation 3/24/15, continued 4/14/15, 4/28/15. Public Hearing Opened 5/12/15, continued 5/26/15, 6/9/15, closed 6/23/15. Deadline to Vote Meeting of 8/25/15.

Documents were reviewed and discussed.  Deliberation will continue at the next meeting.

7.  Scenic Roads (6/23/15 issues)

  • Poverty Hollow Road – New “One Way) road signs have been installed at Meeker Hill and Goodridge Road Intersection.
  • Cross Highway-Poverty Hollow Road. Letter sent to Selectmen and Highway Superintendent.
  • Cross Highway-Paving amendments; Letter sent to Selectmen and Highway Superintendent. Walk with First Selectman to be scheduled.
  • Umpawaug Road-Fire House Trees; Letter sent to adjacent owners.
  • Limekiln Road-Signs replaced.
  • Topstone Road-Jeff Hanson’s meeting re: dirt roads cancelled due to storm/tornado. (New information pending.)
  • Pine Tree Road-Police are monitoring speeds from a private driveway and will enforce; road will be skim coated this summer.
  • Goodsell Hill Road-Selectmen will discuss reconfiguring intersection vs. one-way road at their 7/20/15 meeting. Commissioners are encouraged to attend the meeting.


  1. Ref. App. #505, Lot 3, 16 Costa Lane. Petra Koegel, owner. ZBA approved location of dog kennel and shed outside the Zoning setbacks. Location approved by Planning. To submit a map showing the adjusted Building Construction Restriction Line. 6/5/15-Petra to contact engineer.
  2. Town Plan of Conservation & Development. Discuss recommendations.
  3. Sight Line Regulations. Discussion with Zoning, Police Chief, Highway Superintendent.

1.   Request from Connecticut Fund for the Environment re: Tree Trimming.
Tabled until the next meeting.

On the motion of J. Bacon, the Commission voted unanimously to adjourn the meeting at 11:00 p.m.

Submitted by: Kristi C. Reilly

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