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Wedding Announcement
Published: Mar 19, 2004 12:00 am
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Thank you for pointing out the trail access provisions included in the BOS motionâitâs an important clarification that deserves more attention in this conversation.
If the development is, in fact, required to provide permanent free public access and commit to ongoing maintenance of this section of the Rochambeau Trail, that is a remarkably beneficial outcome for the town. oItâs not every day that a private project shoulders the long-term burden of preserving and caring for a public historical corridor at no taxpayer costâespecially one that previously had no formal access, upkeep, or visibility.
Letâs be honest: the idea that the only way to protect history is by preventing any development nearby is a rigid and unworkable standard. Whatâs being proposed here appears to strike a rare balanceâhistoric preservation, public access, and smart development all rolled into one. Thatâs not a loss its a win.
So rather than allowing a handful of voices to derail progress under the banner of âhistoric purity,â maybe itâs time to acknowledge the reality: this trail is better off with structured stewardship and visibility than remaining an overgrown ghost on old maps. Letâs move forward. Bring in the easement, bring in the public accessâand yes, bring in the bulldozers!!!
Progress and preservation can coexist. Letâs not let the NIMBY use fear or nostalgia keep us stuck in the past.
I've heard that several people are under the impression that the public might be banned from the Rochambeau Trail. Points 2 and 3 from the BOS motion (included in full below) make it clear that public access to the trail is part of the requirements for the developer. From what I understand, it requires free public access to the trail in perpetuity. Technically, this could be argued to be a "payment-in-kind," that attempts to balance public good with overall town growth. We can argue about weather that balance is acceptable and how the trail may be affected, but with the understanding that the trail is expected to be maintained as a publicly accessible trail regardless.
July 15, 2024 Board of Selectmen approved motion:
Discontinuance of Reservoir Road: Selectman Cruson moved the resolution: Resolved, that the Newtown Board of Selectmen, in accordance with Section 2-115(d)(8) of the Town Charter and Conn. Gen. Stat. §13a-49, and subject to the conditions set forth below, hereby discontinues an unimproved portion of Reservoir Road described as âPortion of Reservoir Road to be Discontinued âon that certain survey map which will be recorded on the Newtown Land Records titled âMap Showing Portion of Reservoir Road to be Discontinuedâ dated August, 2023 and revised September 15, 2023, and certified substantially correct by Gregory Szyszowski of SLR (the âSurvey Mapâ), said discontinuance contingent and effective only upon the completion of the following:
1. The approval of an application for the development of land in the manner described in a letter from Attorney Thomas W. Beecher to First Selectman A. Jeffrey Capeci and Members of the Board of Selectmen dated May 30, 2024, pursuant to the âResidential Open Space Developmentâ regulations of the Borough of Newtown by the Borough of Newtown Zoning Commission, and construction of that approval project within the timeframes required for special exception approval;
2. The inclusion of the discontinued portion of the road as part of the final Declaration of Conservation Restriction;
3. The conveyance of a mutually agreeable public easement to the Town of Newtown for pedestrian, bicycling, equestrian, and all other passive recreational uses (to exclude the use of motorized vehicles except as may be necessary by the Town or its designee to effectuate the purpose of the easement), and for municipal utility purposes;
Be it further resolved, that Castle Hill Real Estate Holdings, LLC., its successors and assigns, shall not use any portion of the discontinued road as a vehicular road or access way to and from any developed portions of the property. Be it further finally resolved, that should any of the foregoing contingencies not occur, then the discontinuance contemplated herein shall not become effective and this resolution will become null and void.
From: https://www.newtown-ct.gov/sites/g/files/vyhlif12216/f/minutes/bos_7-15-24_min-_att_final.pdf
Is this paper road (roads that only exist on paper map but not in reality) even owned by the Town? Many roads that predate the Town's road standards are privately owned and were never accepted by the Town, such as many of the nonconforming roads around the lake communities where the property owners own right to the center line. That is something we had to deal with when working on the Roads Ordinance a few years back. We also had to deal with a private road to run the utilities to the new SHS.
For anyone who wants to know, I cant post a link here, but Housatonic Resources Recovery Authority has an entire website. Look up "HRRA whats in whats out"
Itâs important to clarify that while public process matters, so does the right of a property owner to reasonably develop land they legally ownâespecially when they follow the rules and engage with the town in good faith. The Board of Selectmen (BOS), whether one agrees with their decision or not, did not âgive awayâ anything. The land in question was part of a road that had been unused and undeveloped for generations. There was no public access, no signage, and no infrastructureâjust an overgrown path most residents never knew existed.
Mr. Ackert calls the discontinuance âillegal,â but state law grants municipalities the authority to discontinue roads, subject to procedural requirements. The fact that this matter is in litigation shows that questions of law are being properly addressed in courtânot in letters to the editor. If the court finds procedural flaws, theyâll be corrected. Thatâs how the legal system works. Real solutions are found through public process and the courts, not through social media outrage.
Whatâs missing from this conversation is a recognition that towns need to balance many interests: history, environment, public access, private property rights, and economic development. And while the newly championed Revolutionary War heritage is important, there are also pressing modern realities: towns need housing, economic vitality, and responsible development. These things donât happen in a vacuumâthey require compromise, planning, and often, yes, change.
If residents truly wish to preserve this trail as public space, the appropriate path is through purchase, conservation easement, or formal designationânot by expecting private landowners to bear the burden of public sentiment. If the writer believes so strongly in its value, perhaps they might consider investing in its preservation themselves.
We can honor our history without freezing our town in time. Development and preservation arenât mutually exclusiveâbut vilifying one side of the conversation only deepens division. Letâs focus on solutions that balance respect for the past with the rights and needs of those who live here now.
That is my mom and dad đ