For the third time, the plan for a 117 home cluster subdivision on 20-60 Castle Hill Road moved ahead on a split vote, as the Board of Selectmen voted 2-1 to approve the discontinuation of Reservoir Road at its July 15 meeting.

First Selectman Jeff Capeci and Selectman Dan Cruson voted for the discontinuation, Selectman Michelle Embree Ku voted against.

Previously, the development had its wetlands permit approved by the Inland Wetlands commission on a 4-3 vote in March, and the Planning & Zoning Commission approved an 8-24 referral finding the Reservoir Road discontinuation was in compliance with the Plan of Conservation and Development on a 3-2 vote in late June.

The controversial road discontinuation of Reservoir Road, a paper street that is part of the Washington-Rochambeau Revolutionary Trail (often referred to as the Rochambeau Trail), was requested by developer George Trudell and 20-60 Castle Hill Road owner Joseph Draper so that they could cluster the proposed homes all on 20 Castle Hill Road and leave 60 Castle Hill Road, the area closest to Taunton Lake, as open space. A paper street is a street that exists solely on maps and is not considered an official part of the town road system.

A large group of residents led by Newtown Conservation Coalition have been vehemently opposing both the subdivision and the road discontinuation, and somewhere between 100 and 150 residents crowded into the Community Center’s Multipurpose Room 3 to voice their concerns.

Embree Ku questioned Public Works Director Fred Hurley if the town had ruled out any need for the road as part of the town road system, to which Hurley replied, “yes.” He said that there was a process to bringing a paper street into the town road system and Reservoir Road does not currently meet the standards of a public roadway. He said the road was mainly for right of way to the Aquarion water tanks located on the property and was “never considered part of the town road system.” Ku said her decision was based on a “broad view” of the selectmen’s view in reviewing the “present and future needs of Newtown.”

Positives to the development include preservation of a large swath of the property, and less impervious area with the homes clustered. Negatives were that more homes would be built in the cluster than would be built in a different type of development, that the type of housing was not the type that could help aging parents stay in town or children of Newtown’s families to be able to stay in town when grown, and increased traffic at the flagpole.

Cruson questioned Town Attorney Jason Buchsbaum about whether the road could become developed in certain kinds of developments — Buchsbaum indicated it was a possibility that if some land owners needed the road for access to their property, but it was not a certainty. In the end, Cruson stated he felt that the fact that the road would be included in the conservation easement would be the best shot to ensure the Rochambeau Trail was protected in perpetuity.

Capeci said he agreed with a lot of what both the previous selectmen said, and said his own reasoning was because he felt that the decision to discontinue the road would not affect whether the property was developed or not, only the type of development. He felt the decision came down to what development was the best option for Newtown and that discontinuing the road would “lead to a better outcome than not.”

The Board of Selectmen, working through both town attorney Jason Buchsbaum and developer attorney Tom Beecher, established four important conditions on its approval of the road discontinuation. Until all the conditions are met, the road remains a paper street; if any of the conditions remain unmet in five years, the Selectmen’s action to discontinue becomes null and void.

The four conditions placed on the property are:

The discontinuation of the road is conditioned on the Borough Zoning Commission’s approval of the site plan application;

On the development being built within five years of the approval of the site plan application;

On the inclusion of the discontinued portion of the road as part of the final Declaration of Conservation Restriction;

And on the conveyance of a mutually agreeable public easement to the Town of Newtown for pedestrian, bicycling, equestrian, and all other passive recreational uses (to exclude the use of motorized vehicles except as may be necessary by the Town or its designee to effectuate the purpose of the easement), and for municipal utility purposes.

The decision followed more than two hours of public participation. Though there was a second public participation, disappointed residents declined to take advantage of it and began filing from the room prior to official adjournment of the meeting, a few yelling “shame!” at the selectmen over their decision. Similar calls were made following the P&Z decision last month.

More than 20 people spoke, overwhelmingly in opposition to the subdivision. Some highlights include:

Bob Eckenrode of Newtown Forest Association said that the meeting was a “chance to change the course of history” and that few decisions were as “important to the Borough.”

“This is a chance to preserve our own piece of Revolutionary War history,” said Eckenrode. “Let’s not mourn its loss by abandoning it. I ask you to consider carefully since this is far more important than a paper road.”

Eckenrode said opponents had “come together as a community to preserve the trail through the woods for future generations.”

Resident Holly Kocet was concerned that ceding the road to the developer was putting the road “at risk.”

“There’s no guarantee the road will not be disturbed by a future property owner,” said Kocet. “Once a disturbance is discovered, the damage is already done.”

She said the development shows “little regard for the impacts on Newtown,” including traffic, economic impact, need for additional town services, and the environmentally sensitive areas of the property.

Mark D’Amico, a member of the Inland Wetlands Commission speaking as a resident and not as a representative of his commission, said that the public has “demonstrated regular use” of the section to be discontinued through pedestrian traffic and bicycling. D’Amico noted a public event held two days earlier on July 13, a site walk of the Rochambeau Trail area set up by Newtown Conservation Coalition that included Revolutionary War re-enactors and a guided tour, and said the 60 people in attendance showed public interest in the trail.

He said that the road discontinuation should not be done solely to answer the request of a potential development with the fear of retaliation.

Dave Ackert, founder of NCC, said that the selectmen’s task was not to decide between the “current plan or an even worse one,” it was “for one thing” — to decide if the road was “of common convenience and necessity.” He said the developer was “fear mongering” and that the selectmen “need to find the courage to stand up to these threats.”

“Please do not erase a public road from the maps without all the facts and exploring all the possibilities,” said Ackert.

One possibility, Ackert noted, was that a local group had offered $7 million, or roughly twice what Draper paid for the property, for the entire 130 acres, but the developer had so far refused.

"Wouldn't that be what is best for Newtown?" asked Ackert.

Phil Carroll, a former member of the Legislative Council, encouraged the selectmen to “follow the law” and respect their responsibilities as a board, and remember that while 150 people were in attendance opposing the development, the selectmen represent all 27,000 residents.

Resident Dave Fletcher, one of the only residents to speak for the development, said the development could “increase housing options for your families” and that he thought it would “make Newtown a better place.” He also thought preserving all the land on the lake was a positive for the town. He also noted that Draper had helped preserved 150 acres near Deep Brook.

Reservoir Road was previously voted to be discontinued in September 2023 by the previous Board of Selectmen. However, Ackert had sent a letter to the Town noting that a state statute concerning signs warning about a potential discontinuance being placed at the entrances to a road to be discontinued did not appear to be followed. The Board of Selectmen restarted the process for the discontinuance earlier in June. Developer George Trudell withdrew his application for 117 cluster homes on 20-60 Castle Hill Road while the process of the discontinuance is ongoing. Trudell has said that he needs the road to be discontinued to develop the land the way his plans currently call for, on roughly 40 acres of the 132 acre property.

The homes will be built in a cluster using a specific town regulation, 4.05.1, which allows residential open space developments. The homes will be clustered in one area of the development to maximize the open space surrounding it and would be a “multi-generational” development with homes between 1,800 and over 3,000 square feet. There will be “large setbacks” around the homes from the surrounding roads.

According to Wikivoyage.org, The Washington–Rochambeau Revolutionary Route is a 680-mile National Historic Trail that describes a Continental Army campaign during the American War of Independence. It was designated in 2009, and has interpretative literature, signs and exhibits that describe France’s role in the war.

The route passes by many sites of early United States history, and connects to routes such as the Underground Railroad, Plymouth to Hampton Roads, St Augustine to Hampton Roads, and American Industry Tour. It travels through Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, and Virginia.

The trail begins in Newport, R.I. The northernmost end of the trail is in Boston, where Rochambeau’s troops left the United States on Christmas 1782.

Trudell has said that while the road is to be discontinued, it is on the portion of the property that will remain undeveloped. The developed 40 acres are well away from Reservoir Road, according to Trudell. Preliminary plans indicate the distance to be approximately 75 feet to the closest home.

The Castle Hill development will now go to the Borough of Newtown Zoning Commission for a site plan application. A cluster home subdivision is a special exception to the borough’s zoning regulations rather than an as-of-right use, giving the Borough broad authority to suggest changes or outright reject the site plan. The Borough Zoning Commission next meets for a special meeting on Wednesday, July 24, for a public hearing to consider a text amendment application by Newtown Conservation Coalition founder Dave Ackert. Its next regular meeting is Wednesday, August 14, but it is currently unknown if the Castle Hill development will be included on that agenda.

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