Newtown Planning & Zoning Commission held a regular meeting on Thursday, July 2 to continue discussions regarding five separate applications. At the start of the meeting, Chair David Rosen informed the audience that application 26.11 by Diana Perachio for a subdivision at 6 Schoolhouse Hill Road had been withdrawn.

Following that brief update, Rosen sat Alternate Commissioner Jill Soderholm as a voting member for any votes that were held July 2. Commissioner Barbara Manville then read the first applications discussed into the record. Application 26.09 and 26.10 are both by Summit at Newtown, LLC for a property at 134 and 136 Mt Pleasant Road. Application 26.09 is for a text amendment to modify “the Elderly Housing Zone” to allow independent living for those 55 and older and application 26.10 is for a zone change to move 134 and 136 Mt Pleasant into the modified Elderly Housing Zone.

The two parcels of land are almost 13 acres when combined within the B-2 zoning district. Minus the wetlands on the property, there are about 11 net acres to use. Summit at Newtown wants to build an independent living community with premium amenities, like providing a shuttle service and breakfast for all residents. The building is a proposed 110 units.

Attorney Peter Olson represented the applicant. “I’m here tonight on behalf of Summit at Newtown, LLC, which is a purposely formed entity just for this project for Summit Residential, a company based in Albany.”

Olson explained that Summit has entered into a “purchase and sale agreement with the owners of the property to purchase the property, which is contingent on positive action on these applications.” Olson then reminded the crowd that the application presents a new EH-10 middle-density zone. Olson took the time to go over questions, comments, and concerns raised during the first public hearing in June.

One question that was asked of him was how many other properties this new zone would apply to in town. Olson said there are seven other properties this zone could apply to, four of which are on Mt Pleasant Road as well.

At the last meeting, Manville asked how much rent would be. While Olson could not provide an exact answer, he shared how much rent is at the Summit community in Albany. Rent is “between $2,300 and $4,000” in Albany.

Olson then noted that Rob Sibley, director of Planning & Land Use, discussed the plan of conservation and development (POCD) at the last public hearing. Olson printed out the page that “encourages” elderly housing and the availability of it.

Another concern Olson heard from the commission at the last hearing was the “proliferation of different zoning districts throughout the zoning regulations,” or, more simply put, having too many zoning districts. Olson prepared an “alternate” text for the text amendment by going into the existing EH-10 regulations and adding the language the application is seeking.

“The first thing is you have a definition in your regulations for congregate housing … the definition mostly fits what we are proposing to do with the development that Summit does, except for two issues. It prohibits laundry facilities in the unit and it prohibits a full kitchen,” Olson told the commission. He proposed a new definition that is “ultimately the same,” but added in the allowance of laundry facilities and a full kitchen.

Olson also modified section 3.02.100 regarding “elderly families.” He said he refers to the federal statute, which he thinks applies, and should be incorporated. The “big change,” Olson said, is in Section B for allowed uses.

“I shortened it to be congregate housing, and then used that term throughout the rest of EH-10 and said congregate housing includes your existing congregate housing for elderly families, but also congregate housing for elderly families living independently. So we’re just smushing them together in how we refer to it throughout the zone,” Olson said.

In section 3.02.300 he added “detached garages” as “parking is specifically allowed in garages.” The other “big change” was adjusting the density of the housing and increasing the amount that is allowed so it “work[s] for” Summit. He modified it from six units per net acre to nine. With the combined parcels equaling 13 acres, this adjustment would allow a maximum of 117 units, with the EH-10 cap already being at 300.

Following his presentation, Rosen opened the floor to the commissioners.

Alternate Commissioner Charlie Gardner thanked Olson for his presentation and said he had one question. He said that he found some “potential ambiguity” in the terms “congregate housing for elderly families and congregate housing for elderly families living independently.” Gardner said it does not seem to be “limited to those.”

Olson responded saying that the “intent is to limit it” to elderly families. Olson proposed some language to solve this.

Rosen then invited the public to speak.

Public Comment

Heidi Winslow was the first to speak. She pointed out something that Olson said at a previous meeting, that Maplewood at Newtown is “solely a dementia facility.” She said that Olson was “uninformed” as Maplewood offers rental units. It is not an assisted living facility or a congregate facility, but has a separate wing on the first floor for a small amount of dementia patients. Winslow said that Newtown does not need new or revised regulations to build an independent living facility.

Julietta England was the next to speak. She raised concerns about drought conditions and asked that this application be denied due to health and safety concerns.

Kevin McSherry spoke next. He represented Olga and Frank Koskelowski, the current owners of the property. He explained that his clients have received a lot of offers on their property, but chose this one as they think it will provide a benefit to Newtown and its residents.

Dan Lansing spoke next. He thanked the commissioners, recognizing they have a “tremendous burden” on their personal time. Lansing said he has been a resident for over 20 years.

“Normally, not opposed to development, especially when that development exists well within the parameters of our current zoning regulations. I think our zoning plan was intelligent and well thought out and comprehensive, very detailed. I would urge you to preserve the integrity of that plan. I don’t see anything compelling by this application that would lead us to consider otherwise. So I urge you to deny the application,” Lansing said.

Steven Sullivan joined via Google Meet. He is working with Olson on this project and said he submitted a preliminary site plan that includes an emergency access way. Winslow, in her earlier statement, said that there was no “emergency firetruck access” for this application.

Olson Responds

Olson rejoined the floor and addressed the public comments. He said that the issue of water will be determined by another commission and by Aquarion itself. He then responded to Winslow’s comment about Maplewood, clarifying that he meant Maplewood in Bethel, not Newtown, which is a memory care facility.

Carrying on with his response, he said, “The standard for a zone text and map amendment is very broad. You are the legislature. You can make whatever decision you want. It does have to be in accord with a comprehensive plan. There’s nothing in what we presented that is not, and so I think that standard is met.”

Olson said over time, regulations become “stagnant,” and they need to change or towns cannot provide the type and variety of housing that residents need. Olson complimented the commission’s EH-10 regulations, saying they are “very good” and “very flexible,” but do not allow for the amount of density Summit at Newtown is seeking.

Manville asked if Olson has spoken with Aquarion. She believes there is a hold on new developments accessing water lines. He said he has not talked with them directly but is aware of the collapsed bridge which damaged the wellfield in town. He said it is a “site plan question,” and believes that should be dealt with down the road.

After a brief discussion about Gardner’s comments regarding ambiguity, Rosen asked to close the public hearing. Other commissioners said the applications and public hearing should remain open so the public can view the application. Rosen ultimately agreed, and the application was continued to the next meeting, which is July 16, 7 pm, in Newtown Municipal Center’s Council Chambers.

=====

Reporter Sam Cross can be reached at sam@thebee.com.