Property Owners Appeal To Rosenthal To Intercede Against Upzoning

By Andrew Gorosko

Members of the Newtown Property Owners Association have met with First Selectman Herbert Rosenthal to express their opposition to the Planning and Zoning Commission’s (P&Z) proposal to “upzone” extensive residential sections of town as a way to preserve groundwater quality.

Association chairman Barry Piesner, of 34 Alpine Drive in Riverside, and several other association members met with Mr Rosenthal March 24 to discuss members’ concerns about the plan which would increase minimum zoning standards in affected areas.

Association members told the first selectman much study is needed to determine the correct ways to preserve groundwater quality, Mr Piesner said this week. Association members asked the first selectman to intercede on their behalf to have the P&Z indefinitely postpone any action on the upzoning proposal, Mr Piesner said.

The association wants a working group formed to address the issues raised by upzoning and to develop some solutions, Mr Piesner said. Association members found the first selectmen to be responsive to their concerns, Mr Piesner added.

Mr Rosenthal said Tuesday, “I thought that they had raised a couple of points that seemed valid.”

Those concerns involve new requirements to obtain zoning setback variances for new construction on certain properties, which would be in effect if the upzoning proposal is approved, he said.

Many of the concerns expressed by association members appeared to be health-related issues regarding the operation of septic systems, the first selectman said.  

Mr Rosenthal said he conveyed the concerns of association members to P&Z Chairman Daniel Fogliano. During the next four to six weeks, P&Z members will be reviewing public concerns about the upzoning proposal which were raised by residents at public hearings in February and December, before taking any action on the upzoning proposal, Mr Rosenthal said.    

The first selectman added he would tell Mr Fogliano about the association’s desire to meet with P&Z members to discuss their concerns.

Mr Fogliano was unavailable for comment.

In a past statement Mr 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 P&Z chairman has 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.

In a March 24 letter to Mr Rosenthal, Mr Piesner wrote, in part, “The [P&Z’s proposed] elimination of 1/2 -acre building lots will do irreparable harm to the existing and future availability of affordable housing stock in Newtown… Sewer [installation] offers the highest order of environmental protection and is the real issue for the lakefront communities, not upzoning… The need for sewers, where applicable, should take precedence and replace the proposed upzoning as an immediate and permanent solution to the environmental questions.”

The P&Z’s 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.  

P&Z’s underlying goal in upzoning is protecting 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 at least maintain or potentially decrease existing construction densities, and hence decrease threats to groundwater quality.