The Planning and Zoning Commission (P&Z) approved the Holly Estates subdivision during its January 21 meeting over Zoom.

The commission also discussed text amendments to the zoning regulations for housing at the Fairfield Hill Campus, permitted uses for vineyards in residential zones, and the 3 Edmond Road subdivision (see articles “Planning & Zoning Approves Fairfield Hills Text Amendment” and “P&Z Continues Hearings For Vineyard Uses, Edmond Road Subdivision,” respectively, in this week’s issue).

More than 40 people virtually attended the meeting, including commissioners, applicant representatives, and members of the public.

Application 20.13 by Negreiro & Sons Construction, LLC, with plans titled “Holly Estates,” had its third and final public hearing to address concerns the commission brought forth at previous meetings.

The Holly Estates subdivision is located at 203 and 211 Berkshire Road (Route 34). The parcel of land is 73.2 acres and is a mixture of forest, old fields, and currently farmed fields that supports a variety of wildlife.

The project proposes a 16-lot residential subdivision with 15 single-family homes on a cul-de-sac road.

Larry Edwards, of Edwards Associates, represented the applicant and informed the P&Z that the Newtown Forest Association (NFA) had “requested consideration to take over the open space.”

He added that the Conservation Commission has recommended that as the “preferred way.”

According to information presented at the application’s first P&Z public hearing, 37 percent of the subdivision’s property will be left as open space, with 21 of those 27 acres being either wetlands or steep slopes.

Edwards highlighted that a 25-foot accessway is planned to be made at the end of the cul-de-sac, which can later be connection to the road of another potential subdivision development in the works, if approved.

The third item Edwards addressed pertained to the sightline issues at the end of the road.

P&Z members expressed concerns at previous meetings that the positioning of the road could be “dangerous” without the ability to see traffic clearly on Berkshire Road (Route 34) as it comes up the hill and around the turn.

Edwards said he provided the P&Z with the documentation that was sent to the Department of Transportation (DOT) for the sightline and that his opinion is there will not be an issue.

Edwards then shared a 3D model that his son, Jason, created to show what the sightline looks like now and what it is anticipated to look like after the land is “cleared and lowered.”

The image included a view from the perspective of a car window at the end of the road looking down Berkshire Road (Route 34) with Chestnut Hill Road emerging from the right of the road.

The adjustment to the planned sightline consists of clear cutting all the trees/vegetation in its path, removing rocks, and lowering the land. Edwards said drivers will be able to see “at a distance of 630 feet” in that direction.

P&Z member Roy Meadows asked if all the trees anticipated to be removed were on the applicant’s property and not the neighboring property, owned by Kristen Werner.

“All that material that needs to be removed is on our property,” Edwards answered.

Meadows replied, “I was hoping [Kristen] could join us tonight. She wasn’t aware where things stood on all this. She didn’t get the notification.”

Edwards said a notice was sent out, and Meadows clarified that the notice of the subdivision did not go to her correct address.

Before closing the public hearing, Sandy Hook resident Dennis Casey — whose property abuts the subdivision — inquired more about the open space.

Mitchell replied, “It would be going, apparently, to the Newtown Forest Association. They’ve agreed to accept it… they put a letter in [that] before they take ownership of the property that certain things be cleared out.”

In the letter, it states that the NFA has been following the developments of the proposed subdivision and requests that the open space be deeded to them.

They are, however, requesting the developer, “Clean up dead trees and debris within 50 feet of Paugussett Road — presumably when the land is being cleared for the development,” and “Clear a path that runs parallel to the stream and provide a trail from the end of the proposed road into that trail.”

Casey said the open space should be maintained as is, as pristine wetlands. At past meetings he has stated he hopes hunting and the disposal of storm debris would not be allowed.

The P&Z closed the public hearing, and Mitchell read the motion that Application 20.13 is found consistent with the plan of conservation and development and the comprehensive plan and approved with the following conditions:

“1. The Open Space shall be deeded to the Newtown Forest Association, and a note shall be placed on the Mylar and copies designating said Open Space to the Newtown Forest Association on its reverter;

“2. Bonds shall be set for the following items, in the following amounts: Road Bond — $420,000, Lot Pin/Highway Monument Bond — $13,500;

“3. The lot pins shall be set according to the above-mentioned map and the Subdivision Regulations;

“4. The applicant shall record on the Land Records the transfer of any real property, as approved, such as road widening and Open Space;

“5. The applicant/developer shall permanently field mark the Open Space prior to the issuance of a building permit to permit potential home buyers to visually identify the area. The Conservation Commission or its agent shall specify the marker types and their locations;

“6. A CD-ROM or digital map submission of the approved subdivision must be filed with the Land Use Agency.”

P&Z member Jim Swift asked if there should also be a condition about the need to maintain the sightline.

Land Use Agency Director of Planning George Benson responded that site maintenance is already a part of the application.

The vote passed unanimously, and the approval will become effective February 13, 2021.

After the meeting, The Newtown Bee reached out to the NFA for comment about the acquired open space and received the following statement from NFA President/Treasurer Guy Peterson on January 26: “The NFA has offered to accept the open space associated with this planned development. All NFA properties are open to the public from dawn to dusk, prohibit hunting and trapping, and do not allow motorized vehicles of any kind. Not all of the NFA properties were obtained with the intent for them to be used for passive recreational activities; in fact, many of our preserves are not conducive to passive recreations uses.

“This particular property is dominated by a large wetland and will initially be managed for watershed protection and to preserve its ecological diversity. We will evaluate other future passive recreational uses after the development is completed. In the future, the NFA may, with the help of volunteers, plan and build trails on this preserve. At that time, we would also evaluate the permitted users (hikers, mountain bikes, or horses). The permitted uses would need to ensure that the primary objectives of protecting and preserving the watershed are not jeopardized.”

To learn more about the Planning and Zoning Commission, visit newtown-ct.gov/planning-zoning-commission. Call the P&Z office at 203-270-4276 for information on participating in meetings virtually.