Upzoning Discussion To Continue

Between Rosenthal And P&Z

By Andrew Gorosko

First Selectman Herbert Rosenthal is scheduled to meet with the Planning and Zoning Commission (P&Z) Thursday, July 20, to discuss its controversial “upzoning” proposal, which is intended to increase minimum zoning requirements for extensive residential sections of town to protect groundwater quality.

The P&Z meeting is slated for 7:30 pm at the town land use offices in Canaan House at Fairfield Hills. It is unclear if the P&Z will act on upzoning after the discussion.

In May, P&Z members had been poised to act on upzoning, but opted instead to first discuss the matter with the first selectman, at his request, so that P&Z members could provide answers to questions Mr Rosenthal has about the practical implications of upzoning.

Members of the Newtown Property Owners Association have said that if the P&Z approves upzoning, they would file a lawsuit seeking to overturn the measure in court. Association members see upzoning as a threat to the development potential of their neighborhoods, as well as a threat to their property values. Association members have met with the first selectman to express their concerns.

The P&Z has proposed upzoning to safeguard groundwater quality in the Pootatuck Aquifer, and to prevent groundwater contamination problems from worsening in the several communities along Lake Zoar. The measure affects the Aquifer Protection District (APD), which lies atop the Pootatuck Aquifer in south central Newtown, and also the several lakeside communities in Sandy Hook lying on the eastern edge of town along Lake Zoar, including Shady Rest, Pootatuck Park, Riverside, Cedarhurst, and Great Quarter.

The comprehensive rezoning proposal covers an aggregate area greater than 2,500 acres. It affects approximately 2,315 properties, almost 2,000 of which have dwellings on them.

Under the proposal, some residential properties with current ½-acre zoning would have zoning designations increased to either 1 acre or 2 acres, depending upon their location. Other properties with current 1-acre residential zoning would be increased to 2 acres. Such upzoning is intended to at least maintain, or potentially decrease, construction densities, and hence decrease existing and potential threats to groundwater quality.

Upzoning was the subject of P&Z public hearings last February and December at which the proposal drew fire from property owners who said they are unconvinced the measure is necessary. Some affected residents say they fear that increasing minimum residential zoning requirements would damage their properties’ development potential, and thus reduce the value of their real estate.

Rosenthal

Mr Rosenthal said Tuesday he intends to ask P&Z members what would be accomplished by making a significant number of local properties non-conforming to the zoning regulations through upzoning, and also would, in some cases, require property owners to obtain zoning variances to make changes at their properties.

“What gain is there for the town? What is the major gain we’re getting here?” Mr Rosenthal asked of the upzoning proposal.  

Mr Rosenthal said he also is interested in learning what effects upzoning would have on the local affordable housing market. One-half acre lots are more affordable than larger lots, he said. “Are we creating an exclusive community?” the first selectman asked.

The first selectman said there appears to be more justification for upzoning in the town’s Aquifer Protection District rather than in the town’s “sewer avoidance areas” which are situated in the lakeside communities along Lake Zoar.

Mr Rosenthal suggested that the P&Z modify its upzoning proposal to exclude the owners of existing structures from the possible need to obtain zoning variances stemming directly from upzoning.

For some properties, upzoning would be beneficial, but for other properties, upzoning could reduce property values, or require that zoning variances be obtained to make certain changes, Mr Rosenthal said.

The first selectman stressed that upzoning is not an attempt by the town to demolish existing houses.

“The only people I could see dramatically affected [by upzoning] is somebody who had property they wanted to develop,” Mr Rosenthal said.

Mr Rosenthal said he does not accept all arguments advanced against upzoning by the property owners association, but some questions on the measure need to be answered by P&Z members.

The first selectman suggested that the P&Z and association reach some “middle ground” between their differing points of view on upzoning.

P&Z Chairman Daniel Fogliano was not available for comment. 

Association

Property owners association director Barry Piesner said Tuesday association members would like to participate in the discussion session between the P&Z and Mr Rosenthal.

“If we’re invited, we’d be happy to participate,” he said.

Last spring, association members had urged the P&Z to hold a third public hearing on the upzoning proposal, but P&Z members declined to do so.

Mr Piesner said association members have studied the upzoning proposal and now are familiar with its implications.

“I think that these people [P&Z] have overstepped their bounds and they’ve created a situation which we [association members] don’t think is justifiable,” he said.

If upzoning is approved, the association is committed to filing a lawsuit against the P&Z in seeking to overturn the measure, he said.

The association will provide a list of its questions about upzoning to Mr Rosenthal, Mr Piesner said.

In questioning the value of upzoning, Mr Piesner said that only a handful of zoning permits have been issued for new construction on 1/2 -acre lots during the past several years.

Many property owner association members live in the communities along Lake Zoar which would be affected by upzoning. The predominant zoning designation in those areas is 1/2 -acre Residential.

In a past letter to the P&Z, Mr Piesner wrote, in part, “There are many questions about anticipated problems with upzoning that may come down the road after the current P&Z members have moved on to other pursuits. These issues involve quality of life, health, and property tax assessment… We believe the P&Z has an obligation to address these issues before a final decision on upzoning is made.”