Date: Fri 26-Mar-1999

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-upzoning

Full Text:

P&Z Prepares For Hearings On Upzoning Proposal

BY ANDREW GOROSKO

Planning and Zoning Commission (P&Z) members will be putting their finishing

touches in the coming weeks on a major proposal to rezone extensive

residential sections of town to decrease potential development densities.

P&Z members March 18 discussed aspects of their rezoning or "upzoning"

proposal which would affect more than 2,300 real estate accounts. The proposal

is intended to cut potential development densities to safeguard the quality of

underground drinking water supplies.

P&Z Chairman Daniel Fogliano said the P&Z expects to conduct public hearings

on the upzoning proposal by late April or early May.

A past town health department study found about 20 problem areas where failing

septic systems created groundwater pollution conditions. Pollution problems in

many areas have been rectified by the installation of the municipal sewer

system which began operation in September 1997.

But in areas where sewer service is not available, a one-acre residential lot

is the minimum size lot that can safely accommodate both a domestic water well

and a septic system, according to the health department. The health department

supports creating a minimum one-acre residential lot size in areas with

half-acre residential zoning that don't have sewer service. Having water wells

and septic systems on lots smaller than one acre leads to an accumulative

degradation of groundwater, according to the health department.

Mr Fogliano said town land use officials will be working to verify the

accuracy of the town's zoning map. That check for accuracy comes in light of

questions raised about the zoning designation for sections of Pootatuck Park,

he said. In 1969, the zoning designation for some areas of Pootatuck Park was

changed from R-Half-Acre to R-Two-Acres, but that change was never recorded on

the official town zoning map.

P&Z members March 18 reviewed a map depicting the proposed rezoning project

presented by Community Development Director Elizabeth Stocker. Members

recommended certain changes that should be made in the extent of the proposed

rezoning.

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 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 that is concerned about the town's rapid rate of

residential development.

Upzoning

In the upzoning proposal now being developed by the P&Z, local half-acre

residential zoning would almost entirely be eliminated. Areas with half-acre

zoning would increase to one-acre or two-acre zoning, depending upon the

degree of groundwater quality protection deemed necessary by the P&Z for those

areas.

The upzoning proposal would increase certain minimum requirements for new home

construction in areas where minimum zoning requirements increase from

half-acre to one-acre and two-acre.

In some cases, there would be increased requirements for: minimum lot widths

at the streetline, minimum front yard setbacks, minimum side yard setbacks,

minimum rear yard setbacks, the "minimum square" for new construction, and the

minimum gross floor area of houses.

In some cases, making physical changes on a property, which is converted from

half-acre minimum zoning to one-acre or two-acre zoning, or which is converted

from one-acre to two-acre minimum zoning, would require the property owner to

obtain a zoning variance from the Zoning Board of Appeals.

Zoning variances might be needed for work such as building a house addition,

shed, swimming pool, deck or garage. Zoning variance applications require

public hearings.

In some cases, a "grandfather clause" would take effect, exempting property

owners from the need to obtain a zoning variance. Whether a zoning variance is

needed in a given case depends on several factors.

Almost 2,330 properties would be affected by the upzoning proposal. It does

not affect properties lying within the Borough of Newtown.

The town has prepared an informational sheet for residents interested in

learning about the implications of upzoning. It is available at the first

selectman's office in Edmond Town Hall.

Half-Acre to One-Acre

Areas proposed for upzoning from half-acre to one-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 be upzoned from half-acre to one-acre.

The P&Z also is proposing residential upzoning from half-acre to one-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. That rezoned

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

There currently are 1,588 lots/accounts with half-acre zoning in town. Of that

number, 1,219 properties have dwellings on them, 296 properties are vacant

land, and 73 properties have some other use.

Of those 1,588 properties, 11 have public water and public sewer service, and

34 properties have public sewer service only. Of the 1,588 properties, 11

would retain their half-acre zoning; 1,404 properties would get one-acre

zoning; and 173 properties would get two-acre zoning.

One-Acre to Two-Acres

Under the upzoning proposal, the 749 lots/accounts with one-acre residential

zoning which lie in the town's aquifer protection district would be upzoned to

two-acre zoning. Of that number, 594 properties have dwellings located on

them, 142 properties are vacant land, and 13 have other uses.

The affected 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.

Half-Acre to Two-Acres

The upzoning proposal also would increase minimum residential zoning from

half-acre to two-acres within the town's aquifer protection district along

Riverside Road and Washington Avenue in Sandy Hook Center. Also, some land

east of South Main Street in the vicinity of Botsford Hill Road would receive

such two-acre upzoning.

Robert Hust, a senior environmental analyst with the bureau of water

management at the state Department of Environmental Protection (DEP), after

reviewing the proposed zoning changes, commended the P&Z for its proposal to

upgrade zoning requirements in the town's aquifer protection district.

In a letter to the P&Z, Mr Hust wrote "the regulations will improve interim

protection to two state aquifer protection areas, the United Water Company

Newtown Wellfield and the Fairfield Hills wellfield, until the delayed state

land use regulations become promulgated."

The state is developing model regulations for the protection of the wellheads

of public water supplies.

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

drinking water to United Water, which has about 1,100 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.