Date: Fri 07-Feb-1997

Publication: Bee

Author: LIBRAR

Quick Words:

P&Z-Newtown-Village-affordable

Full Text:

Newtown Village Plan Gets Wetlands Permit

BY ANDREW GOROSKO

In the face of strong opposition, the Conservation Commission has granted a

wetlands construction license to the applicants for Newtown Village, a

102-house development proposed for 32 acres near Exit 11 of Interstate 84 in

Sandy Hook.

Conservation Commission Chairman Donald Lawrenson and members Larry Whippie,

Edwin Dudeck, Cathy Andrews and Wes Gillingham on Monday night unanimously

approved the controversial application, which has been pending since last

September.

Mr Lawrenson said "The license has been granted... I thank the commission.

This has been a long and arduous thing."

When the commission's vote was announced, tears welled up in the eyes of

project opponents who have fought the application at several recent commission

meetings.

Michael Gorski, of 8 Bishop Circle, head of the Sandy Hook Neighborhood

Coalition, said "What can you say? We're pretty disappointed."

But, he added, he is not surprised the application was approved, considering

recent Conservation Commission discussions on it.

Coalition members had hoped the stipulations attached to the wetlands license

would be stricter than those which were approved by the commission, Mr Gorski

said. The coalition is composed of residents living near the development site.

"We think [the commission] really skirted the issues," Mr Gorski said of

various environmental concerns which were raised by the coalition.

The amount of wastewater to be sent to the Newtown Village's septic system

will overburden the soil's ability to cleanse it, he said.

"The 102 houses is an outrageous amount of development for this particular

site," Mr Gorski said.

"We're going to regroup. This isn't over, as far as we're concerned," he said

as coalition members listened in the Town Hall South conference room.

Coalition members are concerned the Planning and Zoning Commission (P&Z) will

be constrained by state regulations on affordable housing in an upcoming P&Z

review of the applicants' development plan.

In their P&Z application, D&H Homes, LLC, of New Milford, and Fairfield 2000

Homes, Corp, of Stamford, will seek approval to build 102 houses, 25 of which

would be designated as "affordable." The development site is a former

sand-and-gravel mine in the area bounded by Berkshire Road, Bishop Circle,

Philo Curtis Road, and the eastbound on-ramp at Exit 11 of Interstate 84.

Coalition members will consider filing a lawsuit over the Conservation

Commission's approval of the wetlands license, Mr Gorski said.

Four lawyers were involved in the Newtown Village wetlands application. The

opponents initially used the services of Attorney Christopher Smith. They

later hired Attorney Francis Collins.

The applicants are represented by Attorney Timothy Hollister. The town has

hired Attorney Timothy Bates as special counsel because Town Attorney David

Grogins would have had a conflict of interest in representing the town.

The Decision

At the Monday night session, Mr Bates read a lengthy, detailed motion to

approve the application which he had prepared for Conservation Commission

action.

After the lawyer read the five-page motion, Mr Whippie said, "It covers

everything."

"I think this reflects how we feel," Ms Andrews said.

The commission stated the regulated activities in the application concern

construction of a driveway and utilities across an intermittent stream to

provide access to a septic field; discharge of stormwater runoff into three

wetlands on the site; and discharge of stormwater from the development site to

Curtis Brook.

In its decision, the Conservation Commission determined that the applicants

plan to take adequate steps to environmentally protect wetlands and

watercourses in the area to be developed.

The commission also determined the drainage design of the project will not

significantly adversely affect Curtis Brook or the Pootatuck River, into which

Curtis Brook flows.

Commission members determined no evidence was presented by the opponents to

show a proposed community septic system would pollute the Pootatuck Aquifer as

they claimed.

The creation of a stormwater detention pond and drainage system on the

development site will have no significant adverse effect on wetlands and

watercourses, according to the commission.

Commission members also decided the clear cutting of trees on the site would

have little effect on wetlands and watercourses there.

"The Conservation/Inland Wetlands Commission finds that there will be no

unreasonable pollution of the air, water or natural resources... None of the

proposed activities will adversely affect the inland wetlands' and

watercourses' capacities to support fish and wildlife, to prevent flooding, to

supply and protect surface [water] and groundwaters, to control sediment, to

facilitate drainage, to control pollution, to support recreational activities,

or to promote public health and safety," commission members decided.

"The commission finds there are no feasible or prudent alternatives to the

proposed regulated activities," according to the decision.

At a January public hearing, the Sandy Hook Neighborhood Coalition had urged

the developers of the Newtown Village housing complex to scale down their

102-house proposal to 30 houses, or no houses at all.

The opponents said Newtown Village would have negative environmental effects

on Curtis Brook, the Pootatuck Aquifer, area groundwater and domestic well

water quality. The development site lies within the town's sole source aquifer

protection area.

The development site has R-1 zoning, which allows one house per one-acre lot.

Town and state affordable housing regulations, however, allow "density

bonuses" to developers who designate a fraction of their development as

"affordable housing." Affordable housing is reserved for families whose

incomes are less than 80 percent of the region's annual median income.

The developers want to build detached housing ranging in sizes from 1,300 to

2,200 square feet to be marketed in the $140,000 to $200,000 price range. The

"market value homes" priced nearer $200,000 would subsidize the "affordable

homes" priced nearer $140,000, thus giving the developers a financial

incentive to build the "affordable housing."

A state law encourages developers to build housing complexes in which at least

25 percent of the homes are designated for moderate-income families.