Chamber Members Get A Primer On Land Use

By Steve Bigham

Newtown residents and local business people received a crash course in land use Tuesday night during a panel discussion at the Cyrenius H. Booth Library.

The event, sponsored by the Chamber of Commerce of Newtown, was the brainchild of Alan Clavette, a local accountant and member of the town’s Zoning Board of Appeals (ZBA). His motivation was simply to educate the public on a very important aspect of town government.

“The idea was that businesses, in many cases, don’t understand where to go and what the process is in how the zoning rules work,” he explained. “We wanted to provide an opportunity to educate the public and foster a better understanding to alleviate disgruntled users of the system.”

Mr Clavette served as moderator with a panel made up of Planning & Zoning Commission Chairman Dan Fogliano, ZBA Chairman Skip Annett, Conservation Commission member Wesley Gillingham, and Borough Zoning Board of Appeals members Jim Crick and Janet Woycik.

The development of Newtown has been regulated since 1958, while the Borough has had regulations in place since 1932.

“The whole town is well regulated,” Mrs Woycik said, holding up a copy of the town’s zoning regulations.

The regulations are about an inch thick and can be difficult to understand. But, as panel members pointed out this week, the process is not designed to confuse or intimidate. That is why they agreed to come out in Tuesday’s rain in an effort to clear the air.

One important note, according to Mr Annett, is that the ZBA can not issue a variance based on an economic hardship. He said that is a common misconception and numerous applicants approach his board asking for relief from a regulation because it will cost them too much money.

Asked if P&Z is trying to stop development, Mr Fogliano answered “no,” pointing out that his board would be unable to do so even if it wanted to. The market is the single most important factor in the rate of development, he noted.

A lack of quality building lots can also slow growth, but that does not appear to be the case in Newtown, according to local realtor Joanne Maurer. Others agree.

John Klopfenstein of Curtiss & Crandon Realtors said there is more than enough land in town.

“There is always going to be [plenty of quality lots] in a town of this size. Are they existing approved building lots? No, but when a property owner elects to sell their property and it’s a large tract, then a new road will be created and you will have more quality building lots,” he said.

State and regional authorities have predicted that Newtown’s population will eventually cap out at 38,000 residents. However, the onset of sewers could push that figure even higher, noted Mr Annett. Because of that, land use commission members said, they will be forced to follow the letter of the law that much more closely. That’s not to say they don’t do that now, but land use officials say they are always willing to work with homeowners.

There are some residents who opt not to work with the town when it comes to building additions or putting up porches. Ignoring the town’s zoning regulations is not a good idea, commission members said, pointing out that it usually costs these land-use violators in the long run.

“Following the rules is the best course of action,” said Mr Annett, suggesting that applicants come prepared and, if necessary, with an attorney.

Asked if the town needed a town planner, most panel members felt it did not.

Mr Gillingham pointed out that Steve Driver, the town’s conservation director, already does a lot of planning when it comes to wetland water courses.

Mr Fogliano felt similarly about the land use agency. “We do have a preliminary review process for whomever wants to use it.”

Panel members credited the hard work of Newtown’s town employees and suggested homeowners contact them with any questions.

To some degree, the panel may have been preaching to the choir as the audience included local attorney Bob Hall, who is credited with writing many of the town’s land use regulations, P&Z member Heidi Winslow, and State Rep Julia Wasserman.