A parcel containing a pavilion, boat launch, and small beach in Sandy Hook, which was acquired by the town in 2009, may be returned to the hands of the Riverside On Lake Zoar Association (ROLZA) in the coming months after its representatives received positive support from the Board of Selectmen January 30.

The original foreclosure, which was tied to an issue with a small local water company that supplied a number of homes in the area, also reverted ownership of the pavilion parcel to the town. But in 2015, a growing number of residents in the area took interest in reactivating the ROLZA and took a number of steps toward that goal, which several members reviewed with selectmen.

Kevin Shepard and Ron Tichy were joined by attorney Chris Donohue, who is representing the association and is a resident in the area. Town Attorney David Grogins and Deputy Director of Planning & Land Use Rob Sibley were also on hand.

The association was originally formed in 1927, and its residents are mostly still subject to a requirement to pay dues as a condition of ownership. But as Mr Grogins explained, a number of loosely scripted deeds that transpired over the years may have not included language, or included inconsistent language, regarding the dues requirement.

Nonetheless, association leader Mr Shepard said even a number of residents whose deeds did not stipulate the dues requirement were so enthusiastic about taking back the recreational site that they either agreed to help underwrite the effort once it was approved, or had already donated funds for an association bank account, which now has nearly a $4,000 balance.

The parcel, which the town assessor has valued at $2,900, is currently posted as private with no trespassing signage. The facility currently appears to be serving various residents as a location to store various watercraft.

"Our community is behind the concept of [reacquiring] the pavilion and beach property so they can be responsible for taxes, maintenance, and insurance," Mr Shepard told selectmen. "A number of deeds still have a restriction for property owners to pay dues - but not all homeowners' deeds have the restrictions."

Mr Shepard admitted that his own home was acquired with a quit claim deed from a foreclosure, which did not have any requirement regarding association dues. He assuaged a driving concern, however, telling selectmen that when the property is turned over, the association will be able to continue paying taxes and upkeep costs.

Mr Shepard said there are enough homeowners who have the deed restrictions, and are willing and able to pay.

A Neighborhood Epicenter

A presentation document from the association provided to The Newtown Bee describes the pavilion area as "the epicenter of our neighborhood" affording association "residents a common place to gather and enjoy the lake."

Mr Shepard said in recent years, under town ownership, use of the pavilion has been open to visitors from not only outside the association, but outside of Connecticut. He said on occasion, parking has caused issues and residents have seen a number of out-of-state users exiting vehicles and using either the boat launch or the other facilities.

He said the association has never lost either its official standing with the Connecticut Secretary of the State's Office, or its status with the IRS. In recent months, the association has established a checking account, e-mail address, website, social network page on Facebook, and an official mailing address.

Also, back taxes on association-owned property elsewhere in the neighborhood have been paid up to date, and the ROLZA board has met five times with residents, gathering more than 200 signatures or e-mails of support for reacquiring the parcel, with an understanding there will be added shared costs among all association property owners.

Mr Shepard said work parties have been formed to help keep the area clean, as well as obtaining quotes for fencing, gates, and liability coverage.

He said going forward ROLZA will expect funding from a tiered dues system. One tier would provide just pavilion and beach access, and another would convey additional unfettered access to the boat launch.

The presentation packet noted that eventual conveyance of the parcel back to ROLZA would provide all residents who do not have waterfront property to enjoy the lake amenities and scenery. Currently the parcel is maintained at the expense of all Newtown taxpayers, and the report points out that any liability also falls on the town until a transfer can be authorized.

First Selectman Pat Llodra agreed that the association neighbors benefit most from caring for the property, but warned that "for the board of selectmen to entertain returning the property, we must have confidence that association members will fund taxes, hold insurance, and maintain the area."

It was agreed that the town will move forward by doing a formal appraisal of the parcel to confirm its market value, and determine whether the number of deeds requiring dues will be sufficient to cover anticipated future taxes and ownership expenses.

After some additional brief discussion, during which selectmen expressed tentative support for the initiative, the ROLZA leadership was asked to return on March 6. If all outstanding concerns are addressed, selectmen may vote to authorize returning the parcel to the association that evening.