Dear Mr Benjamin:

On behalf of the Newtown Property Owners Association (NPOA), we would like to thank you for your thoughtful, serious questions about NPOA and the reasons for our existence. We would like to answer your questions as they appeared in your letter.

As you know, the P&Z has upzoned 2,315 properties in town and their rationale was protection of the Pootatuck Aquifer and groundwater due to explosive new construction in the target area. In reality, there has not been any new construction in this area, nor will there be any as the area is fully developed and what land is left is marginal at best. NPOA estimates that there are less than 40 possible building lots available, many of which would require a “variance.”

The real target of the P&Z is the 2,000-plus homes in this area and the desire of the P&Z to prevent them from being improved. NPOA and most of the affected property owners think this is a repressive and harmful act and are in the process of filing a lawsuit against the P&Z. If your property rights were under attack, wouldn’t you want to fight back?

Anyone who is a resident of Newtown or a property owner in Newtown can join NPOA. We are part of a statewide Property Owners Association that is headquartered in Hartford. Since the approximately 315 vacant parcels are mostly unbuildable, they are not, and will never be a factor as a potential for increasing population growth in Newtown.

Most of the affected homes have now become non-conforming to zoning. This will surely reduce their property value as any home improvements will now require a variance. To get a variance, you must prove a hardship exists.

NPOA tried to reason with the P&Z members by writing letters, requesting another open hearing, and even had the First Selectman, Herb Rosenthal, question the logic of upzoning existing residential properties. We asked the P&Z to grandfather existing homes and were rejected. None of our attempts to achieve a compromise worked and the P&Z passed their offensive upzoning regulation by a 5-0 vote on September 7, 2000.

Stanley, your ending question was about your concern if NPOA’s filing a lawsuit is in your best interests. As it turns out, we checked the list of streets that lie within the upzoning area and your property is on that list. Since the P&Z has announced that they will now expand the upzoning scope to other areas of Newtown, filing of the appeal is in the best interest of Newtown property owners.

As a parting thank you for your donation to NPOA’s legal fund, we are pleased that you understand the seriousness of our situation. Any questions can be directed to NPOA, 426-4901, ask for Carole.

Barry J. Piesner, Director

Newtown Property Owners Association

38 Underhill Road, Sandy Hook                                   September 25, 2000