Town Initiates $1.3 Million

Land Preservation Plan

By John Voket

In back-to-back meetings this week, the Board of Selectmen and Legislative Council initiated the process to protect a key parcel of open space from future development. During a special meeting Wednesday, selectmen unanimously endorsed a plan to use conservation easements and acquire development rights on 12.3 acres of land owned by the Fulton family and originally developed by renowned inventor and adventurer Robert Edison Fulton, Jr.

The plan was then presented to the Legislative Council for consideration and possible action at a subsequent meeting. The Planning and Zoning Commission would also have to approve the transaction for it to move forward, and is expected to consider the proposal at its September 15 meeting.

If approved and combined with open space already earmarked for acquisition, the town would be positioned to prevent development on almost 30 acres of the estate. The total cost for obtaining the development rights is estimated to be about $1.3 million.

The land, which is bordered by Orchard Hill and Platts Hill Roads, offers what many have described as one of the best and most spectacular panoramic views in Newtown. If the first of its kind transaction comes to fruition, First Selectman Herbert Rosenthal said, “…it would effectively prevent the possibility of a 50-acre subdivision being constructed along the ridge line.”

While other communities including neighboring Southbury have successfully combined the use of conservation easements and development rights to block building projects, Mr Rosenthal said the proposal involving the Fulton estate would mark the first time such an initiative was employed in Newtown.

“The property has been in the family since Mr Fulton bought it in 1946, and the family wants to protect it for future generations,” Mr Rosenthal told The Bee Wednesday prior to the selectmen’s meeting.

Contacted early Thursday morning, Rawn Fulton, who along with his surviving brother Travis control the corporation that owns the land, said his family wanted to do whatever possible to sustain the property in its present state.

“I think this is an ideal way to do what we can, in our capacity, to help prevent [the spread of] endless subdivisions,” Mr Fulton said. “I know that this is what my father would want.”

The senior Mr Fulton died in May of 2004, and in the months to follow, Mr Rosenthal had the opportunity to broach the idea of preserving the property for open space with the surviving heirs, including Rawn Fulton, who grew up locally and attended elementary school with the First Selectman.

“We wanted to find a way to strike a balance and realize enough capital so our family could continue to own [the estate] and sustain it in the way that would be the most ideal for the good of the town,” Mr Fulton said. “We’re happy to see that the town is interested in preserving the parcels as open space.”

During the council meeting, town attorney David Groggins said the move would satisfy both the needs of the family to realize some financial benefit while protecting the land from residential or further commercial development.

The late and senior Mr Fulton maintained a modest workshop on the property where he worked on numerous projects and inventions including the Airphibian, a multipurpose vehicle that could serve as an aircraft, automobile, and boat. The local inventor is also credited with developing the Skyhook, a long-range air-sea rescue system that saved countless lives of servicemen from World War II to the Gulf War.

The 50-acre Orchard Hill Road estate incorporates an FAA-approved air field capable of handling small personal aircraft, and the pending proposal would allow for the family to retain use of that landing area. The initial draft of a memo of understanding states the town would pay $1,325,000 for the development rights, which would never expire.

The town was originally slated to obtain about 17.7 acres of open space that is made up of a combination of forest and wetlands stretching along the center of the property. The additional 12.3 acres included in the new proposal consists of about 2,400 feet of land fronting Orchard Hill Road.

Mr Rosenthal told fellow selectmen as well as the council in the subsequent meeting that if the town did not attempt to strike the easement and rights deal, up to eight homes might eventually be constructed along the ridge line.

“The Fulton family loves this land and are very dedicated to doing what’s right by the community,” Mr Rosenthal said. “By preventing any future development on that land we will be preserving the spectacular views from the hilltop, which have to be among the best in town.”

Mr Rosenthal said the raw 12.3 acres of land was appraised at just under $1.4 million, but the retail sale of the lots in question, if parceled separately, could fetch $370,000 each.

Both selectman Joeseph Bojnowski and William Brimmer, Jr, were quick to endorse the proposal and move the action to the council and P&Z.

“We’re talking about 17.7 acres of open space, combined with 12.3 acres of contiguous property,” Mr Brimmer said. “That means the town will get almost 30 acres for $1.3 million. Now that’s a good deal!”

Mr Rosenthal said the family would likely use the revenue achieved from the purchase of the development rights to make improvements to the existing buildings on the property, especially the large family home that is currently occupied by family members.

During the council meeting, chairman Will Rodgers asked to recluse himself from any discussion and any future votes on the matter indicating that he was, and had been, working with the family in recent years as its legal counsel.

Several questions were posed by council members including Francis Pennarola’s request to determine if there would be an adjustment to the property assessment once and if development rights were secured. Joseph Borst also asked if a provision could be made to grant the town first right of refusal if the family eventually moved to sell any additional parcels that they would retain separate from the current proposal.

Mr Rosenthal said he would have those answers for the council on or before their next scheduled meeting, which is set for September 21. Mr Rosenthal said that, pending P&Z approval, he would like the council to move on the proposition at that next meeting if at all possible.