P&Z Presses For Resolution Of Falling Rock Problem At Walnut Tree Village

By Andrew Gorosko

Planning and Zoning Commission (P&Z) Chairman Daniel Fogliano has told Walnut Tree Developers he wants the development firm to provide annual maintenance for a falling rock problem posed by a looming rockface near some of the condominium units at the controversial Walnut Tree Village.

“I know we’ve had extra rocks fall off the slope face,” Mr Fogliano told attorney Stephen Wippermann, representing the developers, at a March 2 public hearing.

“This area is going to be a fairly sensitive area for some years,” Mr Fogliano said, adding that he wants the developers to provide annual maintenance at their own expense. The chairman said he expects that falling rocks will be a recurring problem due to the freeze-thaw cycle.

Village resident Frank Crisona, who lives next to the rockface, told P&Z members that in the past three months, more rocks have fallen from the rockface than have fallen during the past three years.

During construction, the developers did not abide by specifications for cutting back the rockface, resulting in a falling rock problem. Last November, P&Z placed numerous requirements on the developers to cut back the rockface and to resolve the falling rock problem.

Mr Crisona predicted there would be falling rock problems at the property for years to come, unless appropriate steps are taken. He urged P&Z to have the developers post a substantial performance bond for cliff maintenance work.

“We’re going to cooperate as much as we can with the rock wall,” Mr Wippermann said. The lawyer said he will respond in writing to Mr Fogliano’s safety concerns about falling rocks on the site.

The rockface topic surfaced at the P&Z public hearing held to air the developers’ proposal to rectify various problems created during the construction of the 80-unit complex on Walnut Tree Hill Road in Sandy Hook during the past five years. The complex is intended for people over the age of 55.

Village resident Fred Allen expressed frustration that residents have been waiting for several years to use a community center on the property, which is technically unusable until the developers receive their final certificate of occupancy from the town.

Mr Fogliano explained the developers chose to have the community center be the last structure to receive a certificate of occupancy.

Mr Allen urged P&Z to change its regulations to allow the building to be put in use.

Mr Wippermann said if P&Z approves the developers’ plans to rectify various problems at the site, the community center will open.

The developers are seeking P&Z approvals to legitimize features of the project which were constructed without prior approvals from the P&Z. These include walkout basement window and door options; the position of two condominium buildings; and the placement of trees and bushes on the site.

In the pending application, the developers specify which condo units have basement door and window options. The developers’ creation of walkout basements in some units at the complex became a major point of conflict between P&Z and the developers last fall, with P&Z members saying the firm had not explicitly stated to P&Z that it planned to provide such facilities at the complex, and had not obtained the direct approvals from P&Z needed for such work.

The developers also are seeking an after-the-fact approval from P&Z for having reversed the specified positions of two condominium buildings at the complex. They built Building “O” where Building “K” was supposed to have been constructed, and vice versa. In their application to P&Z, the developers state that repositioning the two buildings had no adverse effects on surrounding properties.

Also, the trees and bushes which were planted at the complex differed from what was depicted on the 1995 construction plans. Revised plans indicate the vegetation that was actually planted and that would be planted.

Mr Fogliano said he wants sufficient trees in place to mask the architectural starkness of the complex.

More trees will be planted, but it will take some time to establish a tree canopy at the site, Mr Wippermann said.

P&Z members are expected to act on the developers’ requested zoning amendments at an upcoming session.

Future Work

The developers also are seeking new zoning regulations to allow them to build a Walnut Tree Village expansion project with the architectural plans they have in mind.

Last November, P&Z rejected a proposed expansion of Walnut Tree Village, citing numerous flaws in the development plans that would have increased the number of condo units there from 80 to 213. P&Z objections centered on the high construction density of the project, which would have required extensive earth moving and tree cutting.

Although P&Z members unanimously rejected those expansion plans, they held out the possibility that Walnut Tree Developers may be able to return with some modified plan that would be more acceptable.

In their zoning amendment proposal, the developers seek to eliminate a requirement that all rooms in a dwelling unit in an elderly housing (EH-10) zone, such as Walnut Tree Village, be located on the same level as the entrance. The proposal also concerns regulations on wheelchair ramps, habitable attics, the height of buildings, and the definition of basements, among other matters.

The proposed zoning amendments would allow the developers to create up to one habitable room and a half -bath in basements of condo units, and would clear up inconsistencies in the zoning regulations concerning the height of buildings, according to Mr Wippermann.

In a review of the proposed amendments, Greater Bridgeport Regional Planning Agency noted the provisions are “not compatible with the intent of the existing Newtown zoning regulations.”

In a letter to P&Z, the agency stated the existing regulation which requires all rooms in an elderly housing unit to be on the same level is intended to meet the needs of the elderly who may not be able to climb stairs. The agency commented that proposed changes concerning entrances, ramps and building heights are not compatible with the intent of the existing elderly housing zoning regulations.

Mr Wippermann said he does not consider the Bridgeport planning agency’s comments on the project to be fair. “We think it’s a fair proposal… We know people want it,” he said, referring to a finished basement room in a condo unit.

Architect Michael Stein, representing the developers, said finished basement space adds quality to a condo unit and does not necessarily contradict the needs of elderly people who live in the condos.

Mr Stein explained the intricacies of his proposal on how building heights would be calculated at an expanded Walnut Tree Village.

Resident Tim Kochuba of 52 Walnut Tree Hill Road said the developers’ proposed zoning amendments would alter the town’s elderly housing regulations to suit the needs of Walnut Tree Developers, and would not necessarily serve the broader interests of the town.

  Resident John Krause, of High Bridge Road, said, “There’s an ulterior motive going on here,” noting the developers are seeking to make attics and basements habitable. The town doesn’t need three-story housing for the elderly, he said. “You know these people are trying to get around the regulations. They’ve done this before,” he said.

P&Z action on the requested zoning amendments is expected at an upcoming session.

Walnut Tree Village is the town’s first condominium project. Construction on the complex started on an 18-acre site at 26 Walnut Tree Hill Road in 1995.