Real Estate Deals, Land Uses Fill Selectmen’s Meeting

By Kendra Bobowick

Real estate was on the minds of Newtown’s selectmen May 4 as their board considered Technology Park plans, open space parcels, and other real estate deals.

Economic Development Commission (EDC) Chairman Rob Rau offered an update on Technology Park plans for a parcel at the end of Commerce Road, saying, “It has been a long, long battle…” Plans to configure building lots while maintaining suitable open space on adjoining parcels of more than 30 acres each has in past years found economic development and open space proponents contending over the land’s use.

Presenting a drawing to selectmen of “the plan we’re moving ahead with,” Mr Rau offered the most recent rendition of building lots blended with open space on the parcels that also include areas of wetlands and streams.

“As I recollect, the Conservation Commission and the EDC were not in agreement in the past with the [proposed] development,” noted First Selectman Pat Llodra. Referring to the prints Mr Rau carried Monday, she asked, “Is this the result of an agreement?”

“Yes, yes,” said Mr Rau.

Questions arose regarding Advantage Realty’s role in securing tenant’s for Fairfield Hills as the exclusive broker.

Selectman William Furrier spoke: “I have some disagreements about how leases are approved for Fairfield Hills.” The campus “has its own rules” he said. “I stand in opposition” to the structure for securing a lease, he explained. Currently the Fairfield Hills Authority has the right to negotiate leases for the town and make a recommendation to the Board of Selectmen, which would approve deals. Ultimately, leases for municipal properties, including the former state hospital campus, would arrive at a public hearing. The hearings are not intended for public vote, however.

Most recently, the authority has selected one broker to exclusively promote and handle any real estate transactions for the campus in its latest attempt to bring new occupants to Fairfield Hills.

Standing by the town charter, Mr Furrier stressed, “sale or lease should require approval from a town meeting …” The charter’s language is “straight forward,” he said, reiterating, “a lease has to be approved by a town meeting.” He argued, “I feel strongly about it.”

Selectman Will Rodgers replied, “I take umbrage that this violates the charter, as if we’re somehow flying in the face of our charter.” Explaining current state legislation enabling the real estate negotiations for Fairfield Hills, Mr Rodgers stated, “It’s deliberately in violation of the charter, that’s why the authority was created. The authority exists in statutes for a practical reason.”

Mr Rodgers continued, “We went to state statute and got an enabling law to get around restrictions of the charter — no one hid that.” The lease arrangements and the sole broker for Fairfield Hills are potential “option maximizers.” Mr Rodgers said Mr Furrier’s points are valid, and he presumes the arguments “will come up in the master plan review process,” for which selectmen will soon appoint a committee from a pool of 18 applicants. (See related story.)

Mrs Llodra also explained the state legislation that works outside charter parameters: “There are a lot of authorities,” she explained, naming the Lake Zoar Authority, housing authorities, and others as examples. She also believes “the master plan review committee will struggle with this as well as the Legislative Council. In the meantime, we have the [Fairfield Hills] authority.” Language in state statutes “qualifies actions as legitimate,” she confirmed, regarding the authority and options to engage a sole broker.

She said, “I don’t know if it will generate any lease activity, but if it does, it comes back to the Board of Selectmen. Now, we have the opportunity to explore interests out there. I think we should go forward with it.”

Adding another point to his arguments, Mr Furrier said, “I recognize the power of the authority. To me, it’s about who approves the leases.” He clarified, “To me, it’s the town’s land and property and the town has the right [to approve a lease] not two people on the Board of Selectmen; it should be a town meeting … two people have power — I think it’s wrong.”

After a moment, Mrs Llodra asked fellow selectmen: “Further comment?”

Noting the motion before selectmen to sign an agreement with Advantage Realty she asked, “All in favor?” She and Mr Rodgers supported the motion, while Mr Furrier opposed.

 

More Real Estate

Land Use Deputy Director Rob Sibley and Conservation Commission member Mary Gaudet-Wilson explained a tax-abatement program on open space in exchange for development rights to a property. Essentially, it is another way of preserving open space, which Mr Sibley explained Ms Wilson had begun researching months ago. Neighboring Danbury has adopted the program through which abatements are exchanged for the development rights. She and conservation member George Ferguson presented the idea to various officials to explain the program for which a state statute exists, Mr Sibley said. Different than other programs, he said “This has an air of permanence about it; it takes costs of taxes and put it toward purchase.” Tax funds associated with the parcel would in turn be used to purchase the parcel. “Over time, the town owns it in perpetuity,” he said.

Ms Gaudet-Wilson and Mr Ferguson have already had conversations with the tax and assessors’ offices to discuss how the incentive would work. She and Mr Sibley hoped the selectmen would vote to forward the program to the Legislative Council for action.

Met with some reservations, Mr Rodgers said, “As a tool and option maximizer, I am in support,” he said, but then offered a warning: “We’ll need careful development of policy,” he said, “about when to use and not to use this method of preservation.” The landowner’s choice to preserve acres in such a way would be voluntary, Ms Gaudet-Wilson said.

Mr Furrier said he was “intrigued.” He and Mrs Llodra noted that a reduced tax income would come from the parcel, but the Legislative Council’s ordinance committee could “grapple with that,” she said. A vote to pass the proposal to the Legislative Council was unanimous.

In another conversation, selectmen moved to alter several Queen Street lots from town-owned status to fall under the Conservation Commission’s purview as open space specifically. Three lots, which are open to public access, are visible on the left-hand side as drivers travel toward Wasserman Way from Glover Avenue. The view reaches into fields once used as agricultural land by the Fairfield Hills state hospital, and are now hay fields harvested by local farmers. The properties will now be added to the towns listings of open space.

Mr Sibley described the parcels as “a jewel that many enjoy every day.”