Traffic Issues Persist—

P&Z Again Delays Action On 54-Unit Condo Complex

By Andrew Gorosko

Planning and Zoning Commission (P&Z) members, who were poised February 2 to take action on a long-pending, 54-unit age-restricted condominium complex proposed for Oakview Road, postponed a decision on the application, realizing that a vote would result in a deadlock among the P&Z members present.

Rather than face a stalemate 2-to-2 vote on Toll Brothers, Inc’s application for Regency at Newtown, P&Z Chairman William O’Neil opted to postpone P&Z action on the application until February 16, when it is thought that five P&Z members would be present to vote on the application.

If a motion to approve the condo complex were to result in a 2-to-2 tie vote, the motion would fail, and the condo complex would be rejected.

On January 19, P&Z members also had been poised to act on the construction proposal, but they then opted to delay action until February 2, deciding that an important question about fire truck access to the condo complex remained unanswered.

P&Z members thus sought advice from the town fire marshal on whether the internal private road network proposed for the complex contained adequate clearances for travel by long fire trucks.

In a February 1 letter to the P&Z, Fire Marshal Bill Halstead responded that he had discussed the fire truck maneuverability issue with the developer’s engineers and learned that fire trucks would be able to negotiate the complex’s internal private roads.

The fire marshal added, however, “I would like to recommend that this project, and any future projects, be required to meet the town’s road standards, as [the standards] have been developed to [allow roads to] handle large vehicles.”

Town Engineer

In a January 25 letter to the P&Z, Town Engineer Ronald Bolmer wrote, in part, “These [Regency at Newtown] private roads should meet, and in some cases, exceed the [town road] design criteria because essentially these roads could serve many more homes than most [residential] subdivision roads would [serve]…The traffic flows in these types of developments could be much greater, and there could be the potential for more conflicts.”

Mr Bolmer added, “In the case of the Toll Brothers application, there is at least one [road] curve where vehicles may tend to cross the centerline of the road in order to negotiate it. This could certainly cause a conflict for two passing vehicles…The regulation is quite clear for the design of these roads.

“The town is not required to maintain these roads. However, in the future, due to political or other reasons, this may change,” the town engineer wrote. The town’s maintaining roads that do not meet town road standards could then prove a difficult task, he added.

The town engineer added that if the P&Z wants to deviate from the design elements of the town road ordinance for a residential street, P&Z members should then formulate their own road design criteria and change the town road regulations accordingly.

Toll Brothers, a Pennsylvania-based developer, proposes constructing 54 condos for people over age 55 at a 51-acre site at 21 Oakview Road, near Newtown High School. The firm has been seeking various town approvals for the complex since February 2004.

Oakview Road is a narrow, hilly, winding road that was unpaved until several years ago. It was paved after the town installed sewers beneath the road to provide sewer service to the nearby Newtown High School. The presence of sewers beneath Oakview Road makes possible a high-density development such as Regency at Newtown. Oakview Road contains about a dozen houses. Oakview Road extends from Wasserman Way on the south to Berkshire Road on the north. Oakview Road is used by some motorists as a shortcut to avoid the congested areas near Exit 11 of Interstate 84 and near Newtown High School.

Development Issues

Before deciding to postpone a February 2 P&Z vote on Regency at Newtown, Mr O’Neil said that three issues remained open concerning the project. Those issues are traffic flow on Oakview Road generated by the condo complex, the suitability of the proposed driveway entrance to the complex, and the adequacy of proposed internal private roads at the complex, he said.

Mr O’Neil said that when the P&Z approved a change of zone for the site from R-2 (Residential) to EH-10/60 (Elderly Housing) in January 2005, the agency implicitly decided that the proposed condo complex could be constructed at the site. That zone change set an upper limit of 60 dwellings being constructed at the site.

Mr O’Neil told P&Z members that the issue of traffic generated by a condo complex could not form a sound legal basis for rejecting the application.

But P&Z member Robert Mulholland said that traffic studies show that traffic volume on Oakview Road has increased markedly during the past year.

Mr O’Neil responded that as Toll Brothers’ plans for the condo complex evolved, it returned to the P&Z with a redesigned driveway entrance for the complex, which would shunt traffic flowing into and out of the complex to the northern end of Oakview Road, which leads to Berkshire Road.

P&Z members have repeatedly stated that increasing the traffic volume on the southern end of Oakview Road, which leads to Wasserman Way, could create public safety problems.

P&Z member Robert Poulin took exception to the condo complex’s driveway design, which would be angled to encourage motorists to use the northern end of Oakview Road. Mr Poulin termed such a driveway design to be “thoroughly unsafe,” adding that having such a driveway in place could create safety problems for motorists who seek to circumvent it and travel on the southern section of Oakview Road.

Mr Poulin said he considers the site that Toll Brothers proposes for the complex as “an excellent location” for such development, pointing out that it would have a public water supply, public sewer service, would serve as economic development for the town, and would be relatively hidden from view.

The complex would be visible from the eastbound lanes of Interstate 84 and from Fairfield Hills.

Ms Dean pointed out that the southern section of Oakview Road is “very narrow” in places, virtually requiring one vehicle to stop if two vehicles are attempting to pass one another in opposite directions.

At certain points in that area, the road is only 16 feet wide, Mr Mulholland said. He pointed out that school athletes use the road for competitive running. “Our [school system] athletic department does use that road,” he said.

Mr Poulin responded that roads are designed for vehicular use, not for use by runners.

Ms Dean opined that, on balance, the placement of an angled driveway at the entrance of a condo complex, intended to shunt traffic to the northern end of Oakview Road, is better alternative than having a driveway there which perpendicularly intersects with Oakview Road.

Mr Poulin replied that the presence of an angled driveway there would be “very dangerous,” posing traffic safety issues for people using the southern end of Oakview Road when entering or leaving the condo complex.

“The traffic issue to me is paramount,” said Mr Mulholland. There are two schools in the area, he stressed. Increasing the traffic flow on Oakview Road would be unwise, he said.

After added discussion, it became apparent that both Mr O’Neil and Ms Dean favor installing an angled driveway to the condo complex, Mr Poulin favors installing a perpendicular driveway to it, and Mr Mulholland generally opposes the condo project due to traffic concerns.

Straw Poll

On February 2, Mr O’Neil conducted a straw poll to learn how P&Z members would vote on a motion to approve the Regency at Newtown project. It became apparent that Mr O’Neil and Ms Dean would likely vote in favor of the project and Messrs Mulholland and Poulin would vote against it.

Mr Poulin, who appeared inclined to generally support the condo project, said he would vote against it because he does not consider it wise to create an angled driveway to enter the site.

Mr Poulin suggested that the P&Z wait until five voting members are present before acting on the application. P&Z member Jane Brymer was absent from the February 2 session and would be qualified to vote on the matter at a future session.

A key aspect of project planning has involved environmentally protecting the nearby Pootatuck River from stormwater runoff contamination. The river in that area is a state-regulated Wild Trout Management Area.