A Newtown Planning and Zoning Commission (P&Z) subcommittee held its fourth special meeting November 17 to continue discussing a possible text amendment to local regulations for warehouse and distribution centers.

The next subcommittee meeting to continue discussion on this issue is set for Thursday, December 15 at 6 pm and will be held before the regular P&Z Meeting in the Council Chamber of the Newtown Municipal Center.

P&Z members present November 17 included Chairman Dennis Bloom, Gregory Rich, and Brian Leonardi, as well as Land Use Agency Director of Planning George Benson, who has since retired.

Benson submitted a drafted memorandum for proposed amendments to Article V — Industrial Zones, as well as proposed amendments to Article I General — Section 2 — Interpretation and Definitions.

His draft document states: “5.02.280 Warehouse/Distribution Center: A. Principal Uses shall require a 100-foot side yard building and parking lot setback from adjacent residential property and a 50-foot natural or planted buffer; B. Special Exceptions and Site Development Plan applications shall require a Traffic Impact Analysis in compliance with 8.02.200; C. If storage is to be provided outdoors, for principal or accessory uses, a planted or natural buffer shall be provided between the items stored and the lot lines.”

It also notes: “Remove current 5.02.280 (M-1), add new 5.02.280; remove current 5.03.320 (M-2A), add new 5.03.320; remove current 5.04.260 (M-3), add new 5.04.260; remove current 5.05.280 (M-4), add new 5.05.280; [and] remove current 5.06.280 (M-2), add new 5.06.280.”

The draft then defines a Warehouse/Distribution Center as “A building or buildings used for storage, sorting of goods and products prior to being distributed, sold, or used. Storage of CT DEEP Class — hazardous materials prohibited.”

Benson’s Input

Benson explained what he wrote, by saying, “First of all, I didn’t spell it out, but the first paragraph would be inserted into every zone. Just the number would change, but the wording would be the same for all the industrial zones.”

He created section A, because residents had brought up concerns about the distance from residential properties to industrial buildings and parking lots.

“Everything will be 100 feet away from the residential property line,” Benson said.

He pointed out that in some of the current regulations, parking areas were not included in the setback requirements.

“The reason I did B was because site development plans right now do not require a traffic study, and I felt that any principal warehouse proposal should include a traffic study, whether or not it is a special exception or a site development plan. I think it should be done at any warehouse being proposed,” Benson said.

He did note that he wants to add “principal uses of warehouses” to his draft, so A and B would only apply to principal uses.

Meanwhile, part C, Benson explained, would be part of the original regulations for “principal or accessory uses.”

He told the subcommittee that he came up with the “Warehouse/Distribution Center” definition by investigating different dictionary definitions, as well as how neighboring towns define warehouses.

“It’s pretty basic,” Benson said.

He then emphasized, “Again this is for a draft for you guys to look at … We’d have to go to the commission to make the changes. I wanted to get my major ideas down because this is my last meeting.”

It was Benson’s last P&Z meeting due to retiring in early December 2022.

Benson added, “People didn’t want ‘distribution center’ in there, but that’s really what they are now … that’s why we have ‘warehouse and storage distribution center.’”

Commissioners' Feedback

Bloom agreed with Benson and said these days even a store such as K-Mart is considered a distribution center.

Benson said the subcommittee does not have to make a decision tonight, but once it is decided on it will be brought to the P&Z.

“There might be other things submitted by the public that you’d want to add in,” Benson said.

Leonardi thanked Benson for creating this draft and said that it is good.

“I really liked the concept of requiring the traffic impact study, both for permitted uses and for special exception uses. I just think given the nature of the underlying use of the property it’s not unreasonable to ask for something like that. I applaud you for that, as well,” Leonardi said.

For constructive feedback, he added that the definition is very broad, and he would suggest adding a corresponding special exception for wholesale uses for M-2As.

Lastly, Leonardi and Rich voiced that the term “hazardous material” in the definition was too broad.

Rich said, “As far as what you can store and what you can’t store, I don’t think we have a say on that … there are specific requirements for storing various types of materials. Just saying hazardous and toxic, that can apply to anything.”

Benson said they can define it with how Connecticut Department of Energy and Environmental Protection (DEEP) defines it.

For Article 5C, Rich asked, “Wouldn’t it be beneficial to put something in there that the planting or natural buffer should be provided in areas where the industrial abuts the residential?”

Benson said that the regulation currently says what he wrote, but that it is “a good idea” and they could put that in if they wanted to.

Further discussion focused on wording about plantings, as well as more about defining hazardous materials.

Leonardi found a definition of “hazardous materials” online and said, “According to this website, there are four different classes of hazardous materials. Class 1 is explosives, Class 2 is gasses, Class 3 is flammable liquids, and Class 4 is flammable solids or substances.”

After some more discussion on the draft, Benson said, “I think it’s a good start.”

The subcommittee decided to continue working on the warehouse definition at their next meeting in the Council Chambers on Thursday, December 15, at 6 pm.

To learn more about the P&Z, visit newtown-ct.gov/planning-zoning-commission.

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