Date: Fri 13-Nov-1998

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-upzone-density

Full Text:

P&Z Plan Would Upzone Current High Density Areas

BY ANDREW GOROSKO

The Planning and Zoning Commission (P&Z) is formulating a proposal to rezone

extensive residential sections of town to decrease the potential development

densities those areas and protect the quality of underground drinking water

supplies.

The "upzoning" proposal would increase the minimum requirements for home

construction in the specified sections of town.

Besides aquifer protection, the upzoning proposal is viewed as a means to make

the siting of domestic water wells and septic systems on a single building lot

safer and more practical. Larger lot areas provide a greater margin of safety

in protecting well water from contamination by nearby septic systems.

Under the proposal, the P&Z would eliminate all half-acre residential zoning

in town, upgrading it to 1-acre zoning.

Also, in the town's aquifer protection area, existing «-acre and 1-acre zoning

would be increased to R-2 acres.

The P&Z's proposal to increase minimum zoning requirements comes on a

recommendation from the Planning and Zoning Commission Advisory Task Force, an

ad hoc citizens group that has been meeting this year to find ways the town

can better regulate growth and protect the quality of underground drinking

water supplies. The task force includes members of the Newtown Neighborhoods

Coalition, a citizens group which is concerned about the town's rapid rate of

residential development.

Affected Areas

Areas proposed for upzoning from «-acre to 1-acre include Shady Rest,

Pootatuck Park, Riverside, Cedarhurst and two small areas off Great Quarter

Road, all of which are adjacent to Lake Zoar. An area just north of Exit 10 of

Interstate-84 also would receive such upzoning.

The P&Z also is proposing residential rezoning from «-acre to 1-acre for a

long strip of land lying east of South Main Street from Borough Lane on the

north to the area just north of Orchard Hill Road on the south. The rezoned

area would extend several hundred yards eastward from South Main Street.

According to an analysis prepared by Elizabeth Stocker, the town's community

development director, the town has a total of 1,588 lots/accounts in R-« acre

zones. There are 1,218 dwellings located upon those lots. There are 339 lots

that are vacant. The above figures do not include lots and dwellings located

at Fairfield Hills.

Among the lots in areas with «-acre zoning, 58 lots are larger than 2 acres,

and thus potentially could be subdivided, according to Ms Stocker.

If the rezoning is approved, 1,394 residential lots which are now in «-acre

zones would become "non-conforming" lots under the provisions of the town's

zoning regulations.

Such non-conformity could result in property owners needing various zoning

variances from the town's Zoning Board of Appeals to make certain changes on

their properties.

The upzoning proposal only concerns land under the P&Z's jurisdiction, not

land in the Borough of Newtown which is regulated by the Borough Zoning

Commission.

Aquifer Protection

The upzoning proposal also would increase minimum residential zoning from

«-acre to 2-acres in the aquifer protection area along Riverside Road and

Washington Avenue in Sandy Hook Center. Also, some land east of South Main

Main Street in the vicinity of Botsford Hill Road would receive 2-acre

upzoning.

Existing 1-acre residential zoning in the aquifer protection area would be

increased to 2-acre zoning. This area is bounded by Riverside Road at its

northern edge and extends southward along the west side of Toddy Hill Road

projecting almost to the Monroe border. The area also extends eastward from

Sandy Hook Center along Route 34 to Sugarloaf Road. The affected area

generally follows the course of the Pootatuck River.

The number of lots in the aquifer protection area which would be affected by

upzoning is yet unclear, Ms Stocker said.

Of the upzoning proposal Ms Stocker said, "The goal is to prevent further

subdivisions, to keep the (potential construction) density lower."

Ms Stocker described the upzoning proposal to P&Z members at a November 5

session.

P&Z member Heidi Winslow urged that technical detail be presented when the

upzoning proposal is described to residents at upcoming public hearings. Ms

Winslow said she expects there will be disgruntled property owners present at

those hearings who are not supportive of the rezoning proposal because it

would have implications for their properties.

Lots currently in «-acre zones would be especially affected by upzoning.

Increasing a minimum lot size generally increases lot setback requirements and

road frontage requirements.

Because the upzoning project is being proposed by the P&Z, the P&Z is not

subject to the deadlines that are applicable when a private party proposes

regulatory changes. It is expected that the upzoning proposal will be pending

for several months before the P&Z acts on it following a series of public

hearings.

The upzoning proposal, in part, is intended to heighten public awareness about

the importance of avoiding certain activities in the aquifer protection area

to prevent groundwater contamination, Ms Stocker said.

The Pootatuck Aquifer is the town's "sole source aquifer." It provides

drinking water to United Water, which has more than 1,000 accounts in central

Newtown. The aquifer also provides water via community wells to Fairfield

Hills, Nunnawauk Meadows, and Garner Correctional Institution. The aquifer

also provides water to residents who have domestic water wells drilled into

it.

P&Z discussion of upzoning began in April 1996 when former P&Z chairman

Stephen Adams raised the topic as a means by which the town could better

regulate growth. Mr Adams then pointed out that such upzoning is legally sound

when it is done for legitimate reasons, not to simply reduce a growth rate.