As One Historic Barn Is Restored, Another Is Demolished

To the Editor:

I was happy to read that the Queen Street hay barn was being repaired [“Preserving A Piece Of Town’s Agricultural History,” 7/25/08, A-1 and C-7]. This ensures farmers leasing the state property can continue to work the land knowing their hay will stay dry. Kathy and Robert Geckle are to be commended for their support to this important conservation project preserving one of the few remaining agricultural landscapes in Newtown.

Unfortunately, while this historic property is being preserved, the gorgeous red Hanover Hills Farm barn overlooking the intersection of The Boulevard and Hanover Road will be demolished. Neighbors of the Hanover Road subdivision were notified that the 1888 house and barn complex will be demolished this month. They will be replaced by a road providing access to a steep eight-lot subdivision.

But it didn’t happen without a fight. With the help of friend and neighbor Joel Faxon of the Stratton Faxon law firm, it took a legal complaint to prove that the developer’s original application and the resulting P&Z approval were flawed, forcing the developer to withdraw the project altogether. The project and the approval were rife with everything the rules were supposed to prevent.

The complaint stated that the public was not properly notified, that the plan violates Newtown’s subdivision regulations, that P&Z refused to accept the developer’s commitments to preserve the barn, failed to execute its authority under the Plan for Conservation & Development, failed to consider the community’s open space needs by allowing open space to squeeze between house lots, failed to extend an existing greenway through the development and even failed to include the recommendations of the Open Space Committee.

Sadly, when a new, revised application was submitted, fast-tracked and approved, many of the same problems remained. In the end, Danbury Superior Court ruled that it would not substitute its judgment for that of the commission.

Ironically, just this week P&Z held a special hearing to consider changes requiring a minimum 25-foot width for open space areas. P&Z claims the proposed changes would give it more regulatory leverage in obtaining desirable types of open space land.

Frankly, even two years ago, P&Z had all the regulatory leverage it needed, but was too court-shy to use it, forcing the public to take legal action to protect Newtown. P&Z had the authority to extend the greenway from Lake Lillinonah all the way to Hanover Road, but chose not to. P&Z had the authority to require the open space to match the characteristics of the property, but instead it accepted lesser quality land. And when public pressure forced the developer to extend offers to preserve or relocate the barn, P&Z refused to accept those offers because it didn’t think it had the authority. At least that’s what they told the public.

But the news is not all bad. Since the barn is featured in a Ruth Newquist painting, we’ll always know what was there before P&Z failed us.

Kevin Fitzgerald

24 Old Farm Hill Road, Newtown                               August 6, 2008