To The Editor:

Do you remember how the town failed to follow state statute last year — the statute that governs the process for discontinuing a road — by failing to post a sign at both ends of the road? Well, history seems like it might be repeating itself. I tried to bring this to the town’s attention while there was still time to comply, and I was summarily dismissed.

The Water & Sewer Authority held a public hearing on October 10 on a developer’s application/request for a sewer extension to connect to the 117 proposed cluster homes at #20 Castle Hill Road. The WSA’s own regulations say that they may consider extending sewer service after “considering conformance with the town’s plan of development”. Further, Connecticut General Statute 8-24 (Municipal Planning Commissions) states that among other things, “No municipal agency or legislative body shall locate or extend public utilities and terminals for water, sewerage, light, power, transit and other purposes, until the proposal to take such action has been referred to the (Planning) commission for a report”. The WSA has not referred the developer’s application to extend sewer service to the Newtown Planning Commission for a review. When I pointed this out to the WSA at their public hearing, Fred Hurley, the Public Works Director, interrupted me, saying “We’ve been doing things the same way around here for 30 years, and we’re going to continue doing them that way.” I’ve consulted with other WSA’s in Connecticut, and they have confirmed that a referral to the Planning Commission is not optional.

The Legislative Council, Board of Selectmen and public are frustrated by the WSA’s budget/accounting irregularities that recently came to light, requiring them to borrow $240,000 from the town’s general fund … a result of a lack of town oversight and that “we’ve always done it that way” approach. Should the WSA continue to dismiss their own regulations and state statute, it will most certainly open them and the town up to litigation.

I’ve recommended that the Borough Zoning Commission consult their attorney to confirm whether or not approval of the special zoning exception application is a smart option given they are aware that the WSA’s approval of the sewer extension would be invalid without a referral to, and approval from the Newtown Planning Commission, and I thought it might be in the town’s best interest to sound the alarm by bringing this to the LC and BOS’ attention as well, and hope that someone will consult with the town attorney and inform the WSA that the Planning Commission referral is required, regardless of how they’ve operated in the past. The Plan of Conservation & Development exists for a reason.

Dave Ackert

Newtown