Property Owners Organize To Oppose P&Z Plans For ‘Upzoning’

By Andrew Gorosko

A local citizens group held an organizational meeting this week to marshal opposition to “upzoning,” a Planning and Zoning Commission (P&Z) initiative intended to protect groundwater quality by increasing the minimum zoning standards for extensive residential sections of town.

It soon became apparent to meeting organizers that the space they had reserved for the session — a conference room at the Super Stop & Shop supermarket at Sand Hill Plaza — was much too small to handle the big turnout. The conference room holds about 20 people comfortably, but people kept coming and coming, so the meeting had to move elsewhere.

The throng, which had swelled to about 100, walked out of the supermarket and across the parking lot in the Monday night chill, reassembling in the shopping center’s “mini-mall,” where the gazebo became a stage for the organizers of the Newtown Property Owners Association.

The fledging organization had publicized that it would meet that night through a large newspaper advertisement, said association president Richard Haight of 99 Church Hill Road.

 Mr Haight questioned the way in which the P&Z had notified the public of its past public hearing on its upzoning proposal. “They put it in the back of the [newspaper] in the legal notices,” he said. Association members have said the P&Z should have mailed notices of the P&Z hearing to affected property owners.

Barry Piesner of 34 Alpine Drive in Riverside, an association board member, asked what the future holds for property owners who have small lots which would be upzoned under the P&Z’s proposal.

Edward Lundblad of 155 Lakeview Terrace in Cedarhurst, association vice president, said if a property becomes non-conforming to the zoning regulations due to upzoning, it would then be subject to more stringent zoning regulations.

“They’re [P&Z] not making it easier for the smaller homes to get a [zoning] variance,” he said.

“Our quality of life and our future are at stake,” he said.

“It looks like they’re [P&Z] trying to stop development,” he said. Mr Lundblad said he understands the concept of upzoning undeveloped land, but questioned why the P&Z wants to upzone land which already has been developed. “You’re talking about a lot of people being affected,” he said.

Mr Haight urged those attending the meeting to join the organization and to donate money to the group for legal expenses.

Association members have said the group is raising money for a possible court challenge of upzoning if it is approved by the P&Z.

“We need membership and whatever donations we can get,” Mr Piesner said.

“If they [P&Z] pass it, I can almost guarantee that [lawsuit] at this point,” he told the crowd of about 100 assembled in the mini-mall. There are legal issues which the association can raise over passage of an upzoning project, he said.

P&Z members have made up their minds about upzoning, Mr Lundblad said. The P&Z public hearing on the subject has been closed, and the P&Z won’t allow more public comments on the topic when its members discuss it and act on it at an upcoming session, he added.

The association’s “first issue” is its opposition to upzoning, Mr Lundblad said, adding that its “second issue” will be the extension of municipal sewers.

“We’re going to have to be a really serious watchdog. We can’t let down our guard,” he said.

On Tuesday, Mr Piesner said, “We’d rather not have to go to court if we didn’t have to,” adding that perhaps some solution could be worked out between the association and the P&Z.

The upzoning proposal drew opposition from residents at P&Z public hearings in February and December. Affected residents say they are unconvinced that upzoning is necessary, adding they fear that increasing minimum residential zoning standards would damage their properties’ development potential, and thus reduce the value of their real estate.

The association plans to meet again at 7 pm Monday, March 6 at the mini-mall at Sand Hill Plaza on South Main Street.

P&Z Rationale

 The underlying goal of upzoning is to protect groundwater quality, both in the town’s Aquifer Protection District (APD), which lies atop the Pootatuck Aquifer in south-central Newtown, and also in the several lakeside communities in Sandy Hook lying on the eastern edge of town along Lake Zoar, including Shady Rest, Pootatuck Park, Riverside, Cedarhurst and Great Quarter. The comprehensive rezoning proposal covers an aggregate area greater than 2,500 acres. It affects approximately 2,315 properties, almost 2,000 of which have dwellings on them.

Under the proposal, some residential properties with current ½-acre zoning would have zoning designations increased to either 1 acre or 2 acres, depending upon their location. Other properties with current 1-acre residential zoning would be increased to 2 acres. Such upzoning is intended to decrease potential construction densities, and hence decrease threats to groundwater quality.

Upzoning would increase the minimum development standards for affected properties, especially for properties with current ½-acre zoning, which would be converted to 1-acre or 2-acre zoning.

The underlying issue in increasing minimum residential lot sizes to at least one acre is ensuring that building lots are large enough to safely provide adequate space for both a septic system and a domestic water well, according to the P&Z. In 1993, the town’s health department recommended that minimum lot sizes be increased to at least one acre. Upzoning would create undersized, non-conforming lots, resulting in increased activity by the zoning enforcement officer and Zoning Board of Appeals.

Statement

In a prepared statement issued Wednesday, P&Z Chairman Daniel Fogliano said, “The proposed zone changes will not prevent owners from building new residences on existing lots, and the changes will not prevent owners from upgrading their properties, including constructing additions.”

The proposed zone changes are an element of the town’s sewer avoidance program, which is intended to coordinate the efforts of the P&Z, the Water Pollution Control Authority [WPCA] and the health district during the review and approval of development proposals in order to ensure the adequate disposal of wastewater through septic systems, he said.

“The zone change proposal is an effort to protect property values and the health and safety of residents by preserving existing residential densities,” he said.

  The P&Z chairman urged residents to contact the town land use office in Canaan House at Fairfield Hills or the community development office in Edmond Town Hall with any questions on the topic.