To the Editor:

Hello, I’m Eric Thompson and I live at 6 Old Castle Drive. I sincerely appreciate the work you do for all of us. Thank you for your attention to this matter.

It was on my behalf that Attorney Dan Casagrande wrote the letter that you are scheduled to discuss later this evening. I engaged Dan to protect the public interest, not because I have anything to gain. There is no need to rehash Dan’s letter, it’s clear. However, I would like to highlight a few of his points and add a couple of my own.

The proposed Castle Hill development has the potential to forever change the iconic, quaint center of Newtown. If this is going to happen, there has to be strict adherence to proper procedure. We ask that the law be followed.

For the Castle Hill project to proceed, the developer must meet the Borough Zoning stipulation that they start with one contiguous piece of property. Currently that is not the case. There are two properties, separated by the town-owned Reservoir Road, aka Rochambeau Trail. To help accomplish the requirement for one property, you agreed to the developer’s request and attempted to discontinue the road.

Unfortunately, the sequence of steps that was chosen to discontinue the road have created an impossible catch-22. The project can’t be approved until the road is discontinued, but the road is not actually discontinued until the project is complete. Mr Casagrande’s letter clearly explains why he thinks this sequence is illegal. But I would add, the sequence is also illogical, and that sets the Borough Zoning Commission up for failure. When the commissioners continue their deliberations, one question they have already asked and will ask again: Is the road discontinued or isn’t it? If they decide to approve the developer’s application without a clear, definitive statement that the road has been discontinued, their decision is certain to be appealed.

The most troublesome aspect of the road discontinuation process followed so far is that it has not included the required approval by a town meeting. This is fundamentally unfair. The residents of Newtown have been disenfranchised on this major decision having permanent consequences for our community. During your discussion, we encourage you to err on the side of full public participation and call for the required town meeting.

In summary, Dan Casagrande has identified significant errors in the road discontinuation process that make it illegal. Dan’s letter suggests a remedy — Rescind the discontinuance vote and call for a town meeting to allow fellow citizens the opportunity to vote on this vital issue. Giving Newtown residents a voice would not only avoid potential litigation, it would also send a clear message to both the Borough Zoning Commission and the developer about how to deal with the zoning application. Nobody is suggesting you acted in bad faith. But a mistake was made and we are asking that you rectify it.

Thank you for letting me share my concerns.

Eric Thompson

Newtown

Editor’s Note: This letter was also read into the record of the January 21 Board of Selectmen meeting during public participation by the writer. It is concerning a letter to the First Selectman’s Office about the Reservoir Road discontinuation from Attorney Daniel Casagrande from Anderson & Cramer, LLP, of Danbury.