Newtown Planning and Zoning Commission (P&Z) discussed proposed apartments for Mt Pleasant Road during its December 15 meeting, which was convened in the Municipal Center’s Council Chambers.

P&Z members present were chair Dennis Bloom, Corrine Cox, Gregory Rich, Brian Leonardi, and David Rosen, as well as Senior Land Use Officer Steve Maguire.

The two applications by Farrell Building Company that had a combined continued public hearing were: Application 22.25, which is for a zone change at 90 Mount Pleasant Road, which, if approved would change the zone from M-2A — a commercial economic development sector — to R-2, which permits residential development; and Application 22.26, which is for a special exception also for 90 Mount Pleasant Road, to permit the construction of 220 rental apartments in 11 buildings with associated driveways, parking, and clubhouse. Plans have been revised to 200 rental apartments and 10 buildings.

Representing the applicant was Attorney Robert Hall. With him were members of JMC LLC, engineer James Ryan, head of design Anthony Nester, and traffic engineer Marc Petroro.

Also, present was certified real estate appraiser Fred Miller, Jr; Ray Sullivan of Sullivan Architectural Group; and Executive Vice President of Multi-Family Residential Developments with Farrell Building Company Stephen Zagoren.

Ryan said that there were questions regarding the project’s impact on Newtown schools, so they did their own analysis on the impact.

“Essentially, and we believe it’s conservative based on what we know of the existing Farrell development in Sandy Hook, it is estimated based on a reliable input of resources [that] 18 children are generated for the school district,” Ryan said.

He added that their tax analysis shows “the tax generated from this development will exceed the cost to educate the children in the school district on a yearly basis.”

Ryan noted that they have also addressed Land Use Agency Deputy Director of Planning Rob Sibley’s comments that the landscaping and lighting plans “do not appear to be in accordance with the state or town regulations.” The plans have now been revised.

Lastly, Ryan told the commission that they investigated residents’ concerns about traffic safety issues.

“We reached out to the town police for a three-year accident history. It really showed negligible results on accidents in this area,” he said. There were six accidents total in the report.

Ryan segued into sharing how the latest Design Advisory Board meeting went, saying, “It was a successful meeting.”

A letter from the Design Advisory Board dated December 13 stated, “The Design Advisory Board is very pleased with the changes presented, they enhance the overall project, which looks beautiful. The Board has no further comments or suggestions regarding this project.”

Zone Change

Hall then addressed the application’s zone change proposal.

“I found having to defend the zone change, because of [First Selectman] Dan Rosenthal’s letter, something that I’m not actually used to,” he said.

The letter Ryan was referencing was a November 16 letter Rosenthal penned that said he was opposed to changing the area from an industrial zone to a residential zone.

It stated, in part, “With all due respect to the parties involved, I believe that there is no sound justification for changing the zone in this case as it would be inconsistent with our long-term plan of development for this area.”

Hall countered, “Newtown clearly does not object to having multi-family residential projects, because you have the zone in place … we are really not too different from the kind of actions that you have taken on other projects.”

He listed some zone changes that have taken place in town.

“This is a benefit to the Town of Newtown,” Hall voiced about the proposed project.

He later said, “Zoning in Hawleyville has shown flexibility. That flexibility allows this commission to change the zone as long as it is a benefit to the town.”

Zagoren then spoke to how Farrell Communities in Sandy Hook has a waiting list and gave a background on his company.

“We hope this gets passed. We are looking to do this as quickly as possible. We would not phase a project like this. We would come in and do the whole thing … over a period of 18 months the project would be completed,” he concluded.

Bloom spoke up that he is apprehensive about approving the zone change because it will set a precedence.

“My main thing is in 2016 the Town of Newtown voted to have this done as an M-2, and we spent $3.2 million to bring water and sewer into this property. It wasn’t designed for the residential at the time, it was designed for the commercial part of it,” he said.

Leonardi said he appreciates the school district impact analysis. He asked if an emergency services impact analysis has been done.

Ryan said they consulted with the police and fire departments earlier in the process for the project.

“We don’t think the development is going to create an issue of capacity for emergency services,” he said.

Hall circled back to Bloom’s comments saying that “zones change … zones should not be looked at as static.”

He said the P&Z is charged for doing what is best for Newtown and that having 90 Mt Pleasant Road be a vacant piece of property is not better than having their project.

Fire Safety

Cox asked Hall if in his 37 years in town he has become familiar with the “wonderful” Hawleyville Fire Department, to which he said yes.

“They are volunteers, you know that. With 200 units coming in, I really don’t see how they’re going to handle it, because on Pond Brook Road where I live, some years back, we had only land on fire with one house and they had to [bring in] three or four other fire companies,” she said.

Ryan said their buildings have a high level of fire safety with sprinkler systems, hydrant locations, and access on three sides of all buildings.

Hall said he went to high school with the Hawleyville Fire Department president, who told him that he does not know why people are opposing the project.

Rosen said the apartments are “nicely done” and asked if they have given thought to the potential for a non-residential development going in next to the 90 Mt Pleasant Road property.

Zagoren said all over the country, apartment living is becoming more popular with young and older populations, as well as having those apartments by mixed-use developments.

“They are working from home and want the grocery store across the street,” he said of apartment occupants.

Ryan added that if 10 Hawleyville Road gets developed, it does not deter them with going through with theirs.

Hall, again, brought up his dismay with Rosenthal speaking out against the zone change and how it could impact the commission’s decision.

Bloom voiced, “No way am I going to let a politician sit there and tell me what to do and what not to do. I didn’t listen to [State Representative] Mitch Bolinsky and his loudmouth. I didn’t listen to [State Senator] Tony Hwang and his loudmouth. And I don’t listen to Dan Rosenthal. This commission right here has a job to do. We have regulations to go off of, that’s what we follow. There is a lot of things we vote on that people are against, but that is the way it is supposed to be voted on.”

Rich remarked that he personally appreciates the effort that Hall and his client made for addressing their concerns.

Public Participation

Newtown resident Gary Tannenbaum was the first to speak during the public participation portion of the public hearing. He brought up Hall’s comments about how zoning should not be static.

“I think that we shouldn’t do spot zoning. We shouldn’t vote to change the zoning for this project, then vote to change the zoning for the next project,” he said. “What it really tells me is we need to do a review of the zoning in our town.”

Tannenbaum said that the developers should be encouraged by the town to develop in residential areas.

Newtown resident Patrick Napolitano then read his three-page letter opposing the project into the record, which is available in the meeting minutes.

It states, in part, “There are two issues as I see it. There are possibilities of contaminated wells and serious traffic problems. Both issues can have a major impact on our health and welfare. We have asked for expert, third party studies to be done for both issues. The reason is simple. Both studies by the developer are so slanted in their favor that they show none of the major negative issues that may very well impact our entire area.”

Napolitano went on to back up his reasoning in the letter.

Newtown resident Mark Damico submitted an Objection to Zone Change and Special Exception into the record, which is available in the meeting minutes. It included a petition with signatures from about two dozen home/landowners within 500 feet of each boundary line of the property.

He concluded by saying he would respectively ask the public hearing to remain open, so the public can review the new documents being provided.

Newtown resident Mary Wilson expressed concerns with the project’s impact on traffic and said, “I just don’t think this is the right place for it.”

Woodbury resident Joe Wrinn, who was the previous agent for 90 Mt Pleasant Road and is the current agent for 10 Hawleyville Road, said he was in favor of the project and the zone change should be seriously considered.

Hall and Maguire were in favor of keeping the public hearing open, so the public would have time to access the new information presented.

The motion passed to continue the public hearing.

P&Z’s next regularly scheduled meeting is set for Thursday, January 5, at 7 pm, in the Newtown Municipal Council Chambers.

Reporter Alissa Silber can be reached at alissa@thebee.com.