Neighbors’ Assuaged, Council Endorses Land Deal

By John Voket

After quelling unfounded rumors circulating among neighbors adjacent to the estate of Robert Edison Fulton, Jr, about the pending creation of a so called “fly-in subdivision,” the Legislative Council unanimously voted Wednesday to complete a historic $1.3 million land acquisition and preservation initiative.

Approximately two dozen neighbors came to the meeting after a flyer was circulated in the area of Orchard Hill and Platt’s Hill Roads, reportedly containing numerous points of misinformation or genuine falsehoods related to the town’s attempt to forever block further development on the property, which some say offers one of the most picturesque elevations in Newtown.

Prior to the public portion of the agenda, First Selectman Herb Rosenthal, flyer in hand, addressed each erroneous element of the neighborhood publication before fielding more than 15 minutes of questions.

As Mr Rosenthal pointed out several times, many of the concerns voiced during the council meeting related to aeronautical issues and Federal Aviation Administration regulations regarding the Fulton family’s retained right to keep, maintain and fly aircraft from a private airstrip on the land.

One issue that was relevant to the community, and was incorporated into the motion to endorse a memo of understanding between the town and the surviving Fulton heirs, was the recent purchase of a neighboring two-acre lot by the Fulton family.

Several neighbors referenced that transaction suggesting a preexisting, nonconforming use of the airstrip that was grandfathered into zoning regulations may have been legally voided when the Fulton family allegedly cleared that adjacent parcel and extended the runway from its original length.

While it was suggested by one neighbor that the family simply wanted to clear trees from an area with previously granted aeronautical rights to fly over, enough concern was raised for council members to require clarification on that issue from zoning officials before the final legalities of the transaction are completed.

Several other neighbors cited their safety concerns about Fulton family members and visitors flying small aircraft in and out of the area which was pastoral when the Fultons originally bought the land in the 1940s, but is now dotted with numerous private homes in recently developed subdivisions.

Council vice-chair Tim Holian, however, advised the residents that he was certain no official present was well versed in aeronautical law and FAA regulations, and therefore, could not speak to any related concerns.

Following the public portion of the meeting, council members in attendance voted unanimously to approve the proposal once amended issues were addressed. Council chairman Will Rodgers and council member David Brown recused themselves from discussion and participation on the vote because of existing personal or business relationships with the Fulton family.

Once the town completes the transaction, secures development rights, and obtains a conservation easement on the land, the $1.3 million, earmarked for such purposes will have secured a significant investment, Mr Rosenthal explained during previous interviews and in his comments to fellow selectmen, the board of finance and the council. As a condition of subdividing the property, the Fultons would already be required to donate a portion of the property, which has long been used by neighbors for hiking and passive recreation, to the town as open space.

By combining the open space with the property where the development rights have been acquired, however, the town will be forever able to restrict any further development on almost 30 acres. Several neighbors in attendance noted the eclectic character of the property, which even contains a small air control tower platform, and complimented the Fulton family for being good neighbors despite recent unfounded concerns about developments on the estate following the passing last year of Robert Fulton, Jr, a renown adventurer and inventor.

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.