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Date: Fri 09-Feb-1996

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Date: Fri 09-Feb-1996

Publication: Bee

Author: KAAREN

Quick Words:

selectmen-open-space-road

Full Text:

Selectmen Deny Request For Road Across Open Space

B Y K AAREN V ALENTA

Acting on the advice of the town attorney, the Board of Selectmen Monday night

rejected a developer's request to construct a road across a strip of

town-owned open space.

The issue of whether to allow Palmer-Mathison builders to construct a road

connecting Alpine Circle with Jeremiah Road had brought many residents to the

January 22 selectmen's meeting, but only a handful came, and none spoke, at

Monday night's meeting.

Town Attorney David Grogins said he had been asked an opinion on two issues:

whether the selectmen could sell open space for the purpose of extending a

dead-end road to connect with a town road; and whether the town can limit the

number of dwellings on a dead-end road.

The town is limited in its ability to sell open space, Mr Grogins said. The

land originally was deeded to the town as part of a subdivision approval, so

there are rights that accrue to those people who live in the subdivision.

Mr Grogins explained that those residents may have bought their properties

specifically because of the adjacent open space and "they count on the fact

that the parcel will forever remain open space." To sell the land would

require approval of all of the property owners in the subdivison plus approval

by the Planning and Zoning Commission, the Board of Selectmen, the Legislative

Council and a town meeting.

"The town has never sold open space," he said. "In a very few cases we have

exchanged or traded open space for other land."

On the second question, Mr Grogins said the town has a right "clearly related

to health and safety" to limit the number of houses on a dead-end road.

Selectman James Mooney asked whether P&Z could change the regulation which

currently limits the number of homes to 15. "Could there be 20, 15, or as few

as 6 (homes) allowed as long as there are health and safety reasons which

would stand up in court?" Mr Mooney asked.

Mr Grogins agreed. "The regulation limits the number to 15, but there could be

fewer allowed," he said.

The issue involved a proposal to build 17 homes on a piece of property that

fronts on Alpine Circle. There already are 13 homes on the dead-end road.

Larry Edwards, an engineer who represents builders Robert Mathison of Sandy

Hook and Emery Palmer of Washington, had asked for permission to build the

road across the narrow strip of town-owned land because P&Z did not want to

allow more than the 15 houses permitted under the existing regulation.

First Selectman Bob Cascella said the land in question was donated to the town

12 years ago and is part of the trails and greenway connections between

town-owned open space.

"I don't think we have any latitude to use open space for (a road)," Mr Mooney

said.

Selectman Gary Fetzer made a motion to deny the request for an easement to put

a road across open space. The motion passed 3-0.

At the January 22 meeting several residents objected to the proposed road,

saying it would bring more traffic and encourage more development along

Jeremiah Road. Others, who live in the Riverside area, were in favor of the

road because it would provide a second access to their homes for use by

emergency vehicles.

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