P&Z Rejects Sandy Hook Rezoning Plan To Expand Commercial Area

By Andrew Gorosko

In a split decision, the Planning and Zoning Commission (P&Z) has turned down a developer’s proposal to expand the Sandy Hook Design District (SHDD) to increase the area available for mixed commercial/residential development in Sandy Hook Center.

The developer, Michael Burton, called it “a step backward for Sandy Hook.”

In a 3-to-2 vote September 7, P&Z members rejected Mr Burton’s proposal to rezone a section of Sandy Hook Center from 1/2 -acre Residential to SHDD zoning. Voting in opposition to the zone change were P&Z members Heidi Winslow, James Boylan, and Robert Poulin. Favoring the proposal were Lilla Dean and Chairman Daniel Fogliano.

At a July public hearing, Mr Burton’s rezoning proposal drew organized opposition from nearby residents who questioned the wisdom of the idea. Those residents raised concerns involving: increased traffic, aquifer protection, water quality, wetland preservation, noise pollution, historical preservation, property values, and the quality of life.

Mr Burton had proposed that land along the west side of Washington Avenue, extending from #10 to #22 Washington Avenue, be rezoned from its current 1/2 -acre Residential designation to SHDD zoning. The 12 acres, which now contains five residences and two vacant parcels, extend southward from the intersection of Washington Avenue and Crestwood Drive to the area where Interstate-84 crosses above Washington Avenue. Mr Burton owns most of the land he proposed for rezoning.

 The P&Z created the SHDD zoning designation in 1995. It provides for a mixture of commercial and residential uses. It is intended to foster the economic revitalization of Sandy Hook Center.

 The land which Mr Burton proposed for rezoning is within the town’s Aquifer Protection District (APD). The P&Z strengthened its aquifer protection regulations in June 1999 to provide special protection to the environmentally sensitive underlying Pootatuck Aquifer.

‘A Loss For Sandy Hook’

Mr Burton said this week, “The decision was a loss to the Sandy Hook business community in that an approval would have given Sandy Hook center support in certain areas.” He said his plan would have brought more parking to the currently cramped commercial district, and it would have provided a location for a bank branch in a growing part of town in need of more services.

The developer said that by rejecting his plan, the P&Z was depriving Sandy Hook Center of significant amenities that he would have paid for, including a hiking trail that would have linked Fairfield Hills with Rocky Glen State Park and a water line for Sandy Hook School and the Sandy Hook Firehouse on Riverside Road.

He called the commission’s decision “a step backwards for the revitalization of Sandy Hook Center.” He promised, however, to continue to “do everything I can to improve Sandy Hook.”

P&Z Comments

Commenting on Mr Burton’s rezoning proposal, Ms Winslow said, “It makes no sense” to expand a commercial zone into a residential area.

“This is a neighborhood where the neighbors came out in considerable numbers to say ‘Please don’t do this to us,’” Ms Winslow said.

The area proposed for rezoning is very wet, she said, adding that the P&Z should not allow the potential development density of the property to increase. The proposed rezoning is intended to create a “bonanza” for the applicant, she said.

Ms Dean pointed out, though, that the commercial development of the property, as has been proposed by Mr Burton, would require a public water supply and sanitary sewer service. Having single-family houses built on the property under its current residential zoning designation instead of commercial development would pose greater environmental risks than commercial development, she said.

Ms Dean said the presence of Interstate-84 just south of the area proposed for rezoning would serve to stop the southward extension of SHDD zoning.

In a letter to the P&Z, First Selectman Herbert Rosenthal endorsed Mr Burton’s rezoning proposal, saying it would help revitalize Sandy Hook Center and would help expand the local hiking trail network, among other benefits.

 Mr Poulin said the large majority of people who commented on the proposal opposed rezoning the property. The P&Z should not change the property’s zoning designation, he said.

Mr Boylan said the P&Z does too much changing of zones. Mr Boylan said he does not favor changing a zoning designation to support a commercial endeavor.

Mr Fogliano said he had initially opposed Mr Burton’s proposal, but that his thinking on the matter has changed. Mr Burton’s proposed commercial development would mean economic development, Mr Fogliano said. Such development would facilitate extending a public water supply to Sandy Hook School, Mr Fogliano added.

The land proposed for rezoning should have been included in the SHDD zone when the P&Z created SHDD zoning  in 1995, he said. To make SHDD zoning a success, the P&Z should rezone the property, he said.

Mr Burton is a Newtowner and would develop the property with the community’s best interests in mind, Mr Fogliano said.

But Ms Winslow pointed out that P&Z members earlier at the September 7 meeting had approved an upzoning plan for Sandy Hook Center (see related story). Through upzoning, the P&Z decided to limit development in that area to protect groundwater quality, she said. To be consistent with the intent of upzoning, the P&Z should not expand the area permitted for commercial development in Sandy Hook Center by expanding SHDD zoning, she said.

P&Z member Robert Taylor, who was not eligible to vote on the SHDD proposal, said he supports Mr Burton’s concept because Sandy Hook Center needs more economic development, but noted there was strong opposition to the proposal from neighbors. Twenty-six people in the neighborhood signed a petition opposing the rezoning proposal, he said.

“I could not vote in favor of this without greater public support,” Mr Taylor said. Mr Taylor suggested that Mr Burton meet with people living near the area which he proposes developing in order to generate popular support for the project. Mr Taylor that said if Mr Burton can generate such support, he could support a rezoning.

Conservation Review

In a review of Mr Burton’s zone change proposal earlier this year, the Conservation Commission recommended that the P&Z not consider rezoning the property unless public water and public sewer service are provided for it. The scale of potential development may be significantly restricted by the presence of wetlands, watercourses, floodplains, and the aquifer, according to the Conservation Commission. The property is on the east side of the Pootatuck River, between the river and Washington Avenue. Changing the property’s current use to a more intensive use would result in a higher potential pollution risk to the aquifer, according to the Conservation Commission.

The Conservation Commission’s comments refer only to Mr Burton’s rezoning proposal for the area. The detailed site planning which would be needed for the envisioned new construction there has not yet been done.

In making his case for rezoning the property, Mr Burton had presented P&Z members with conceptual plans on how he would eventually develop the site, involving the construction of 30,000 square feet of enclosed space. Each of three 10,000 square-foot buildings would enclose commercial/retail space on the ground levels and apartments on the second levels. There would be a total of 21 one-bedroom apartments. Public water and sewer service would be provided.

To make way for the new development, Mr Burton would demolish an office building and garage on the site which has held his construction business.

Mr Burton told P&Z members at the July public hearing that he has been involved in redeveloping Sandy Hook Center for the past four years. The rezoning and redevelopment that he wants to accomplish would promote business growth and enhance the community, he has said.

At the July public hearing, P&Z members received a petition signed by 26 Washington Avenue and Crestwood Drive residents opposed to the proposal, stressing their desire to keep the current residential zoning designation in place.

In a letter of support for Mr Burton’s rezoning proposal, Erwin and Linda Potter of 25 Washington Avenue wrote, ”We believe that these efforts should be encouraged and reinforced. This modest increase in the [SHDD zoning] will help… to increase the concentration of economic development and increase economic activity in the ‘Hook.’”