Date: Fri 29-Jan-1999

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-upzoning

Full Text:

P&Z Weighs A Plan For Upzoning

BY ANDREW GOROSKO

Planning and Zoning Commission (P&Z) members are considering the implications

of a major proposal to rezone extensive residential sections of town to

decrease potential development densities.

The rezoning or "upzoning" proposal, which would affect more than 2,300 real

estate accounts, is intended to cut development densities to safeguard the

quality of underground drinking water supplies.

On January 21 P&Z members met with Robert Hust, Sr, a state Department of

Environmental Protection (DEP) environmental analyst, and Jonathan Chew, the

executive director of the Housatonic Valley Council of Elected Officials

(HVCEO), to discuss the upzoning proposal. HVCEO is the regional planning

agency.

Mark Cooper, the town's health director, told P&Z members a past health

department study found about 20 problem areas where failing septic systems

created groundwater pollution conditions. Pollution problems in many areas

have been rectified by the installation of the municipal sewer system which

began operation in September 1997.

But in areas where sewer service is not available, a one-acre residential lot

is the minimum size lot that can safely accommodate both a domestic water well

and a septic system, Mr Cooper told P&Z members. The health department

supports creating a minimum one-acre residential lot size in areas where sewer

service is not available, Mr Cooper stressed.

Having water wells and septic systems on lots smaller than one acre leads to

"an accumulative degradation of groundwater," Mr Cooper said.

The P&Z's proposal to increase minimum zoning requirements comes on a

recommendation from the Planning and Zoning Commission Advisory Task Force, an

ad hoc citizens group that has been meeting to find ways the town can better

regulate growth and protect the quality of underground drinking water

supplies. The task force includes members of the Newtown Neighborhoods

Coalition, a citizens group which is concerned about the town's rapid rate of

residential development.

Upzoning

Under the upzoning proposal now being developed by the P&Z, local half-acre

residential zoning would almost entirely be eliminated. Areas with half-acre

zoning would increase to one-acre or two-acre zoning depending upon the degree

of groundwater quality protection deemed necessary by the P&Z for those areas.

The upzoning proposal would increase the minimum requirements for new home

construction in areas where zoning requirements increase from half-acre to

one-acre and two-acre.

For areas with half-acre zoning converting to one-acre and two-acre zoning,

there would be increased requirements for: minimum lot widths at the

streetline; minimum front yard setbacks; minimum side yard setbacks; minimum

rear yard setbacks; the "minimum square" for new construction; and the minimum

gross floor area of houses.

In some cases, making physical changes on a property converted from half-acre

minimum zoning to one-acrea and two-acre zoning would require the property

owner to obtain a zoning variance from the Zoning Board of Appeals because

such changes would increase the zoning "non-conformity" of the property.

Zoning variances might be needed for work such as building a house addition,

shed, swimming pool, deck or garage. Zoning variance applications require

public hearings.

Elizabeth Stocker, the town's community development director, has prepared a

report analyzing the impact of the upzoning proposal. The report lists all

properties which would be affected by the upzoning plan.

Almost 2,330 properties would be affected by the upzoning proposal. The

upzoning proposal does not affect properties lying within the Borough of

Newtown.

1/2-Acre to 1-Acre

Areas proposed for upzoning from half-acre to one-acre include Shady Rest,

Pootatuck Park, Riverside, Cedarhurst, and two small areas off Great Quarter

Road, all of which are adjacent to Lake Zoar. An area just north of Exit 10 of

Interstate-84 also would be upzoned from half-acre to one-acre.

The P&Z also is proposing residential upzoning from half-acre to one-acre for

a long strip of land lying east of South Main Street from Borough Lane on the

north to the area just north of Orchard Hill Road on the south. The rezoned

area would extend several hundred yards eastward from South Main Street.

There currently are 1,588 lots/accounts with half-acre zoning in town. Of that

number 1,219 properties have dwellings on them, 296 properties are vacant

land, and 73 properties have some other use.

Of those 1,588 properties, 11 have public water and public sewer service, and

34 properties have public sewer service only. Of the 1,588 properties, 11

would retain their half-acre zoning; 1,404 properties would get one-acre

zoning; and 173 properties would get 2-acre zoning.

One-Acre to Two-Acre

Under the upzoning proposal, the 749 lots/accounts with one-acre residential

zoning which lie in the town's aquifer protection district would be upzoned to

2-acre zoning. Of that number, 594 properties have dwellings located on them;

142 properties are vacant land, and 13 have other uses.

The affected area is bounded by Riverside Road at its northern edge and

extends southward along the west side of Toddy Hill Road, projecting almost to

the Monroe border. The area also extends eastward from Sandy Hook Center along

Route 34 to Sugarloaf Road. The affected area generally follows the course of

the Pootatuck River.

Half-Acre to Two-Acre

The upzoning proposal also would increase minimum residential zoning from

half-acre to two-acres within the aquifer protection district along Riverside

Road and Washington Avenue in Sandy Hook Center. Also, some land east of South

Main Street in the vicinity of Botsford Hill Road would receive such two-acre

upzoning.

The Pootatuck Aquifer is the town's "sole source aquifer." It provides

drinking water to United Water, which has more than 1,000 accounts in central

Newtown. The aquifer also provides water via community wells to Fairfield

Hills, Nunnawauk Meadows, and Garner Correctional Institution. The aquifer

also provides water to residents who have domestic water wells drilled into

it.

P&Z discussion of upzoning began in April 1996 when former P&Z chairman

Stephen Adams raised the topic as a means by which the town could better

regulate growth. Mr Adams then pointed out that such upzoning is legally sound

when it is done for legitimate reasons, not to simply reduce a growth rate.

P&Z members are expected to air the upzoning proposal at an upcoming as-yet

unscheduled public hearing.