Land Use Issues: Condo Complexes Approved, Commercial Growth Continues

By Andrew Gorosko

In the area of land use, the year 2006 saw continuing commercial growth, along with town approvals for two large age-restricted condominium complexes containing a total of 232 dwellings — The Woods at Newtown and Regency at Newtown.

Town officials, however, rejected proposals for two other condominium complexes containing a total 79 dwellings — Pine Crest Estates for people over age 55, and Edona Commons for mixed-income families.

In June, following lengthy review, Planning and Zoning Commission (P&Z) members unanimously approved construction of The Woods at Newtown, a 178-unit age-restricted condominium complex planned for a 50-acre site in Hawleyville. P&Z members approved the application from Bashert Developers, LLC, of New City, N.Y., in Rockland County.

The Woods at Newtown would consist of 132 units of “congregate housing” and 46 “independent living” condos, all for people over age 55. The site would have driveway access from 166 Mt Pleasant Road (Route 6). Construction is planned to start soon.

In a split decision in February, P&Z members approved the construction of a 54-unit age-restricted condominium complex, known as Regency at Newtown, in an environmentally sensitive area on Oakview Road, near the Pootatuck River.

Toll Brothers, a Pennsylvania-based developer, received approval to construct 54 condos for people over age 55 at a 51-acre site at 21 Oakview Road, near Newtown High School. The complex will be visible from the eastbound lanes of Interstate 84 and from Fairfield Hills. 

Toll Brothers had been seeking various approvals for the condo complex from town agencies since February 2004. The first building at the complex has been constructed.

In January, P&Z members unanimously rejected a developer’s controversial requested change of zone from R-2 (Residential) to EH-10 (Elderly Housing), which was sought as a preliminary step toward constructing a 56-unit age-restricted condominium complex known as Pine Crest Estates on Alberts Hill Road in Sandy Hook.

Citing issues including hazardous roads in the area, and the lack of both public sanitary sewers and a public water supply at the site, P&Z members turned down New Canaan developer Jack Dweck’s rezoning request for the 20-acre property at 32 Alberts Hill Road. The site formerly held The Cornerstone of Eagle Hill, a private drug and alcohol rehabilitation hospital, which closed several years ago.

In August, for a third time since 2003, P&Z rejected a Danbury developer’s controversial plan to build a multifamily housing complex at a Church Hill Road site in Sandy Hook Center.

Agency members unanimously rejected developer Guri Dauti’s proposal for Edona Commons, a 23-unit mixed-income condo complex on a 4.04-acre steep, rugged site at 95-99 Church Hill Road, where seven dwellings would have been reserved for moderate-income families.

The condo complex proposal drew strong opposition from nearby residents, who charge that such development is inappropriate for the area, stressing that the traffic it would generate would worsen existing traffic problems in the area. Dauti Construction sued P&Z following the rejection.

The construction firm now has a fourth version of Edona Commons pending before town land use agencies. The current proposal calls for 26 condos on a 4.5-acre site at the same location.

In September, following lengthy review of an application to build a new 29,500-square-foot church and related facilities off Hawleyville Road (Route 25), the Inland Wetlands Commission (IWC) unanimously rejected issuing a wetlands permit for the project to Grace Christian Fellowship, determining that the design poses environmental hazards to nearby wetlands and a watercourse.

In October, the church challenged that rejection in an appeal filed in Danbury Superior Court. 

Residential Subdivisions

Although there are fewer and smaller residential subdivision proposals submitted for P&Z review than in the past, such growth is still occurring.

Last January, P&Z approved the construction of Quail Hollow, an eight-lot subdivision of single-family houses planned for a 29-acre site at 11 Philo Curtis Road, the location of a former sand and gravel mine. The project is under construction.

In May, P&Z approved for a second time the Hanover Heights residential subdivision at 64-74A Hanover Road. Each of the two P&Z approvals of that project have drawn court appeals from a neighboring property owner who objects to the subdivision. Hanover Heights is proposed as an eight-lot development on a steep, rugged 28-acre site.

On December 21, P&Z rejected an unnamed proposed nine-lot residential subdivision on a steep, rugged 33.8-acre site at 127 Walnut Tree Hill Road submitted by the Schultz Family Limited Partnership. Environmental concerns were cited as the reason for its rejection.

Commercial Growth

In the area of commercial development, P&Z is formulating a set of proposed zoning regulations, known as the South Main Street Village Design District (SMSVDD) rules, which seek to better control the appearance of commercial growth along a 4.2-mile-long section of the thoroughfare lying between its intersection with Borough Lane and the Monroe town line. 

In tandem with those proposed rules, P&Z recently approved zoning regulations intended to better control traffic flow and also provide safer vehicle access to sites, including driveway interconnections between adjacent sites.

During 2006, commercial growth continued along South Main Street with a variety of projects.

The site that formerly held The Fireside Inn at 123 South Main Street is being redeveloped as Highland Plaza, a retail/restaurant complex which gained its initial redevelopment approvals from P&Z in November.

During the past several months, businesses have opened at Waterfall Plaza at 255-259 South Main Street. The plaza is a redevelopment of the former Newtown Manufacturing Company factory. Waterfall Plaza includes a United Parcel Service Store, Five Guys Famous Burgers and Fries, Cold Stone Creamery, and Washington Mutual Bank.

In May, P&Z approved the redevelopment of the “mini-mall” section of Sand Hill Plaza at 228 South Main Street. The renovations allowed existing businesses at the plaza to move to different quarters within the facility and also to expand. The renovation also resulted in the opening of a Panera Bread restaurant at the plaza. The plaza’s parking lot also has been improved.

In August, P&Z approved a revised version of Plaza South, a 68,000-square-foot retail center for 266-276 South Main Street, just south of Sand Hill Plaza. The developer has done preliminary work on the site, which may house up to 18 businesses, plus a bank. The construction of Plaza South will bring a new set of traffic signals to South Main Street at its intersection with Button Shop Road and Plaza South’s driveway.

In November, P&Z approved for a second time the construction of the 14,580-square-foot Berkshire Plaza retail center at 146-148 South Main Street. Each of the project’s two approvals, however, have drawn lawsuits from an adjacent commercial property owner who objects to the project.

Last February, P&Z approved the construction of a 6,000-square-foot commercial building at 224 South Main Street submitted by developer Robert Mastroni of Monroe. That building is nearing completion.

Industrial Growth

Curtis Corporate Park, an industrial subdivision off Toddy Hill Road in Sandy Hook which gained P&Z approval in 2001, is adding new uses to the site.

In September, P&Z approved a lumberyard for Stock Building Supply, Inc, for two lots in the industrial park. That approval, however, has drawn a court appeal from a couple living nearby.

P&Z in October approved an application from Architectural Glass Industries, LLC, for a glass processing plant at the industrial park.

In November, Environmental Energy Services held an open house at its new facilities in the industrial park.

P&Z currently is reviewing a proposal from TnT Partners for a 24,600-square-foot office building in the industrial park.

Recent development applications for the industrial park have drawn increasing alarm from nearby residents who have concerns that the industrial uses could adversely affect them, damaging their quality of life.

In August, P&Z approved a major expansion of Braun Moving, Inc’s. furniture storage building at 46 Barnabas Road within Hawleyville Industrial Park. The approval allows the building to increase in size from approximately 48,000 to 129,000 square feet.

In the borough, last June, Church Hill & Queen Commons, retail/office complex at the intersection of Church Hill Road and Queen Street, officially opened for business.

Currently under construction in the borough is Mannen, a Japanese restaurant/bar planned for 28 Church Hill Plaza.

Also under construction in the borough is a 6,440-square-foot office building at 1 The Boulevard developed by Raffie Aryeh.