The Planning & Zoning Commission (P&Z) at its August 1 meeting unanimously approved a referral from the Borough Of Newtown Zoning Commission, ruling that a proposed text amendment from Newtown Conservation Coalition (NCC) concerning protection of sites with historic and archaeological significance was consistent with the town’s Plan of Conservation and Development (POCD).

The referral is necessary as the Borough of Newtown only has a zoning commission and planning stays with the town’s P&Z Commission, by town charter. A ruling that proposed text amendments are consistent with the POCD is required by state statute.

A commission member asked if the item should be approved with a simple “up/down vote” or required a more comprehensive report from staff.

Land Use Director Rob Sibley answered that the “short version is we have done this 100 different ways 100 different times” and that “most times, it is approved with just an endorsement by staff.” In this case, Sibley decided that approval by the commission with a vote was the best way to handle this particular issue.

The one issue raised by P&Z commissioners was by Roy Meadows, who didn’t believe the zoning amendment should be applicable to roads. Final review and approval of the proposed text amendment will be made by the Borough Zoning Commission.

The approval follows the opening of a hearing at the Borough Zoning Commission on July 24 concerning the proposed zoning text amendment. That hearing was continued until August 21 to wait for the referral.

The amendment to Borough zoning regulation 4.02 requires the identification of presence of historic sites by a third-party expert on any application for a structure of 1,500 square feet or more; would require mitigation of any impact of building such structures to be reviewed by an independent third party; require a supermajority vote for approval of an application that would require the removal of a historic road or site from the map; and require a 300’ buffer around any historic site to prevent urbanization around the views from historic structures or sites.

While the amendment to Borough zoning regulation 4.02 will not be applicable to a controversial and hotly contested site application coming before P&Z for 20-60 Castle Hill Road, since that application has already been submitted, NCC founder Dave Ackert hopes to protect other historic areas in the Borough and make sure situations like Reservoir Road can not happen in the future.

Additionally, if the 20-60 Castle Hill Road subdivision is rejected by the Borough of Newtown, if Ackert’s proposed amendment is accepted it would apply to any future developments on the Castle Hill Road property. In that scenario, since the conditions applied to that discontinuation require that the development application be approved by Borough Zoning and that the development be built within five years, a theoretical future developer would not be able to take advantage of the road discontinuation since it never would have gone into effect.

Ackert, in his presentation on the amendment at the July 24 Borough zoning meeting, said it would help the Borough meet the objectives of the 2014 Plan of Conservation and Development that speaks about protecting the town’s historic sites and archeological resources, the “links to Newtown’s past.” Ackert noted that the Borough and town regs don’t “have a lot of meat there,” and in the town’s zoning regulations, the section referring to historic preservation is a “blank page.”

“The Borough has a lot of rules about signs, and ... has strict regulations on structures, particularly in the village,” said Ackert. “But there is not a lot to protect sites that are not a building or a sign.”

Ackert said the intent is to encourage, enhance, and perpetuate preservation of historic sites. He told the commission he utilized zoning regulations from Southbury in formulating his proposed amendment.

“This amendment will ensure you’re making the most informed decision possible,” said Ackert.

Upcoming dates of interest for both the proposed text amendment are the Borough Zoning Meeting at 7 pm Wednesday, August 21, expected to be conducted in the Edmond Town Hall gymnasium; for 20-60 Castle Hill Road, the most immediate date was Wednesday, August 7, which will be passed by publication of this issue, where the Legislative Council was expected to discuss a new ordinance to clarify Chapter 8-10 of the Town Charter dealing with disposal of town property. The Newtown Bee will provide coverage of said meeting in a future issue. The next date is for Thursday, August 8, when the Water & Sewer Commission will hold a meeting that will include discussion of a water and sewer extension to the proposed development. This meeting will also be covered in a future issue of The Bee.

Next, the Borough Zoning Commission is expected to begin a public hearing on 20-60 Castle Hill Road at an upcoming meeting, possibly August 21 or September 18. Agendas for those two meetings are not yet posted.

Editor Jim Taylor can be reached at jim@thebee.com.