Residents Seek To Secure Scenic

Road Protection For  Zoar Rd

By Steve Bigham

Newtown resident Michael Osborne and about 10 other homeowners on Zoar Road have filed an application with the town seeking scenic road status for their country road.

Mr Osborne went before the Board of Selectmen Tuesday night to request that it pass the request on to the Legislative Council’s ordinance committee. Zoar Road is a 4,224-foot dirt road that juts off Route 34 and winds its way through the woods before intersecting with Bennetts Bridge Road. All 11 homeowners have signed the petition requesting the road be considered for scenic road status.

According to the application, the majority of the road is unpaved, is bordered by mature trees and stone walls, and is no more than 20 feet in width. It offers scenic views, blends naturally into the surrounding terrain, and crosses ponds, rivers and streams. The road fronts farmland and an area designated as a tree farm. Animals such as horses, cattle, sheep and donkeys can be seen grazing in fields along the road.

The homes on Zoar Road were built during an era between 1700 and 1800. Two watercourses cross under the road – one by an old icehouse next to the road and the other draining from a large skating pond. It is part of a watershed that eventually drains into Lake Zoar.

“We that live along the road feel it is a special road that captures a look at the past and more than satisfies the goal of the scenic road ordinance with its natural landscapes and visual quality,” the application states. “Zoar Road reminds everyone of the past history of our region with its visual quality and it should be recognized and preserved as a scenic road by our community. It is an important resource to protect.”

A brief disagreement ensued Tuesday after Mr Osborne took exception to Selectman Bill Brimmer’s suggestion that he wait to file his application until after the council has finished its budget deliberations. Mr Osborne said residents have been waiting for more than two years to get this application through. He insisted that the selectmen pass the application on as the timeline for council consideration has already begun. He stated that he understood that this was a busy time for town officials, but that he has every right to expect his application be discussed.

The application has also been sent on to the Conservation, Planning & Zoning, Police and Fire commissions for consideration.

Mr Osborne, whose family has owned property on the road for 60 years, said the Legislative Council actually encouraged him to file the application, saying it wanted to prove that the newly-revised ordinance does have some teeth. The council came under fire nearly two years ago when it rejected the scenic road application for Washbrook Road. Members said that while the street was very pretty, it did not quite meet their standards for what a scenic road should be. The council’s decision infuriated Washbrook Road residents who felt their road met all the criteria.

The revised ordinance simply includes a statement that there are “no guarantees” that the application is going to be approved, even if it meets all of the criteria. Ordinance committee members had believed that point was implied. Their experience with the Washbrook Road residents showed them that not everyone interpreted the ordinance that way. The Washbrook Road residents have also opposed the revised ordinance, saying it is in direct conflict with the enabling state statute.

Washbrook Road resident Don Hammalian stated a year ago that the rewritten ordinance conveys a strong underlying message to residents of such roads. The message is: “We don’t care if 100 percent of residents want it, and that your road meets the criteria. You really don’t have a voice in this matter. We make the decisions and we don’t have to explain them.”