Date: Fri 02-May-1997

By ANDY GOROSKO

Published: Aug 11, 1999 12:00 am

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-lawsuit-Eden-Hill

Full Text:

Eden Hill Developers Sue P&Z

B Y A NDREW G OROSKO

The applicants for a six-lot residential resubdivision who recently gained

Planning and Zoning Commission (P&Z) approval for their project have sued the

P&Z, stating the land use agency placed some unacceptable conditions on some

driveway placements in the resubdivision.

In a lawsuit filed April 23 in Danbury Superior Court, Terry Lawrence-Serke of

Southbury and Ruth A. Potter of Danbury appeal aspects of the P&Z's April 3

decision. The resubdivided land is an 18-acre parcel on Eden Hill Road, off

Hattertown Road.

The resubdivision, which the P&Z approved April 3, was the second version of

the development plan submitted by the applicants. The applicants withdrew

their initial development proposal in November, following numerous criticisms

of the project made by nearby property owners at an October public hearing.

In the lawsuit, the developers state they are adversely affected by certain

conditions which the P&Z placed on the subdivision approval. In its April 3

approval, P&Z members required that the driveways for Lots 2 and 4 be located

at least 100 feet away from the nearest point of the driveway for Lot 3.

The developers allege that in placing those restrictions on the subdivision,

the P&Z acted illegally, arbitrarily, and in abuse of its discretion vested in

it in a variety of respects. Among their objections to the driveway

requirement, the developers state that the P&Z imposed conditions not

permitted or provided for in state statutes and in the P&Z regulations. The

lawsuit alleges the P&Z deprived the plaintiffs of their property and civil

rights without the due process of law.

It further alleges that P&Z members prejudged the application and that their

decision was based on matters outside the scope of the public hearing held on

the application on February 20.

Among numerous other allegations, the plaintiffs claim that a P&Z member or

members should have disqualified themselves based on facts known to them, but

not known to the applicants at the time of the public hearing.

When the developers submitted their second version of the resubdivision for

P&Z review, they became the first applicants who were subject to the town's

new regulations on providing water storage for firefighting in residential

developments.

Legal representatives for the town are scheduled to appear May 20 in Danbury

Superior Court to answer the allegations made in the lawsuit.

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Well that is some spin. The Democrats have a super majority on the LC and passed the Education Budget without serious consideration of if the voters could afford the multi million dollar increase. "Was the request justified?" rather than "is this needed?" and "can the voters shoulder yet another large increase?" The voters rightly sent it back. Then for some reason all the discussion around reductions to the increase seemed to be coming from the classroom, rather than administration and overhead costs. Is this a coercive tactic to manipulate parents into supporting the budget like tacit threat of cutting freshman sports was two years ago? Who believes the Democrats did not caucus privately before the meeting and came in with a number already worked out? This is the Dems budget, they own it.

Education Cuts: Who Voted For What

I think it is important that we do not villainize every black box seen around a home, business, farm, or municipal property. A black exterior station does not always mean rat poison is being used. These stations can hold a number of different products, including monitoring blocks, snap traps, non-toxic bait, anti-tick bait stations, organic salt- or cornmeal-based control products, and newer fertility-control approaches intended to reduce rodent populations without traditional poisons. The better conversation, in my opinion, is not simply “black boxes are bad,” but rather: what is inside them, who is maintaining them, and whether the rodent issue is being managed responsibly. Exclusion, sanitation, trapping, habitat reduction, and careful monitoring should all be part of a responsible IPM strategy. To be fair, on my own property I do use rodenticides, including Bromethalin and Bromadiolone, in secured bait stations. But that is a choice I make for my property, based on my circumstances and the risk I am trying to manage. I also believe property owners should understand the tradeoffs and be encouraged to use the least harmful effective method whenever possible. I support protecting Newtown’s wildlife. I also support giving residents accurate information and not assuming that every black box represents reckless or unsafe pest control. The goal should be responsible rodent management, not fear of the box itself.

Discusses Policy Against Rodenticides

Debora, thank you! I accidentally doubled the project prices by adding the bond to the appropriation. Thank you so much for catching that and pointing it out. With the corrected numbers, the voters approved a combined $1.32 million for a salt shed ($600k) and library pavement ($720k), while rejecting the $1.12 million replacement turf. Regarding the 80s, I truly respect the hurdle of 14% mortgage rates. My point is simply that the math has shifted: in 1980, while the rates were higher, the price of a home relative to earnings was significantly lower. We are facing a different, but equally crushing, financial wall. Ultimately, it is disheartening that voters who recognized safe sidewalks and parking lots as essential, dismissed a playing field in the exact same condition. The turf has passed its life cycle and is just as much of a liability as the library’s pavement, the only difference is that this safety concern affects thousands of children who, coincidentally, cannot vote. These are apples-to-apples needs. I was hopeful our community would agree that all Newtown residents deserve safe conditions, regardless of which facility they utilize. Again, I would be remiss not to mention that when 82% of residents don’t show up, we have to deal with the interests of those who did. Hopefully, the next referendum will have a bigger turnout.

The ‘Me’ Generation

Thanks for the reply. I meant the numbers you presented in your letter. I found one place where other numbers were listed: https://www.newtownbee.com/04232026/get-out-and-vote-on-the-2026-27-proposed-municipal-and-school-budgets/?q=\\\%22advisory%20questions\\\%22. In that article, the numbers were cited as: Treadwell field: $1,125,000 Library: $720,000 Salt Storage: $600,000 As one who started out in the early 80's when inflation was double digits, my 1985 mortgage rate was 14%, and child care costs were comparable (in present value), I shared your grief but never considered the voters ironic or shameful. PS. I agree college tuition is ridiculous. Thankfully, universities are offering (or considering) waiving all or most tuition for middle class families (upwards of $200,000 incomes). Hopefully, they'll also reconsider their need for those funds in the first place.

Sure! Child care costs: https://www.ffyf.org/2022/10/13/data-child-care-prices-continue-to-rise-ahead-of-midterm-elections-outpacing-inflation/ (also from 2021-2025 we had 2 children in a local daycare in Newtown and it cost us $3200 a month, so that's a number I am very familiar with) Home price / median price vs income source: https://www.jchs.harvard.edu/home-price-income-ratios Tuition increase vs inflation: https://feed.georgetown.edu/access-affordability/noting-a-decline-in-middle-class-students-colleges-provide-more-aid/ Hope this helps :)

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Date: Fri 02-May-1997

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