Newtown’s Planning & Zoning Commission continued hearing two applications proposed at 12 Cold Spring Road during its August 21 meeting. The applications are for a text amendment to allow subsurface sewage disposal systems in an EH-10 zone and to move 12 Cold Spring Road to an EH-10 zone. “Cold Spring Preserve” is the title of the proposed development which features 80 age-restricted units.

The property encompasses 59.77 acres.

Attorney Dominick Thomas, representing applicant AJ Grasso of Prestige Builders, briefly reviewed the presentation that was presented last meeting, highlighting points from the Plan of Conservation and Development (POCD) about a need for elderly housing and preserving open space. The proposal offers both, he noted.

“Economic development is often mistaken to be just that — the extra taxes,” Thomas stated. “Economic development in any town is also bringing people into the town that spend money on the local businesses … the phrase I use is ‘What’s in your pocket?’”

Thomas said he sent a letter to the owner of Sand Hill Plaza because the property is in close proximity to the proposal. Sand Hill Plaza, which is to the northeast of 12 Cold Spring Road, is reportedly in favor of the proposal because of the “influx of new residents.”

A letter from Donna Culbert, director of Newtown’s Public Health Department, was shared. Culbert made reference to DPH’s threshold of no more than six bedrooms per viable acre for sewage systems. Thomas said that would be adhered to by the applicants.

“If you have … sewer infrastructure, that’s when you have higher density. That’s where you have the apartment building with 100 units on a smaller piece of land. That’s where you can develop vertically … but the forethought as to exactly what’s going on and what is being developed in the POCD was the next paragraph, ‘With advances in septic technology, septic systems, and small, compact sewage treatment plants can now serve some conservation or cluster subdivisions and some mixed use in commercial areas. The use of these technologies can also help with the strategy of sewer avoidance, so that the larger public sewer systems are not needed,’” Thomas said.

Thomas said the POCD states that Newtown needs a “better variety of housing” and to look at septic versus sewer. He urged the commission to think if expanding the sewer system is something Newtown needs.

He then said the impact on traffic would be less than people would think because “everybody cannot set their alarm clock [at] the same time.” He reminded the commission and the public that Cold Spring Preserve would be an age-restricted development, making impact on traffic less than perceived.

Jason Edwards, principal engineer at J. Edwards & Associates, had some technical difficulties setting up his laptop for the presentation, so chairwoman Connie Widmann opened the floor for public comment.

First Public Comments

Thomas Pida of Monroe was the first to speak. He expressed his support for the proposal.

“I work for people that choose to build with quality and integrity in mind and what they do to put forth to the community,” Pida said. “And [AJ Grasso]’s not really a builder, he’s really building relationships. He stands behind his own motto that he’s had since he started his business … which is building quality homes and lasting relationships.”

Pida added communities, customers, and commissions like what Grasso brings to the table. Pida also pointed out Grasso lives in one of the communities he built.

“What other builder would build a development of a hundred plus homes and choose to live in it?” he challenged.

Aaron Nezvesky then spoke on behalf of Candlewood Valley Trout Unlimited (CVTU). He expressed concerns about the rezoning of the property because its drainage flows into the Pootatuck River, adding that it is upstream from a class one wild trout management area.

Nezvesky cited the historic flooding that occurred on August 18, 2024 that caused a bridge for the Housatonic Railroad Company to collapse into an Aquarion well field, which remains still mostly offline.

CVTU also raised concerns about warming water temperatures, the property bordering an aquifer protection area and on top of an aquifer recharge area, and the already high level of impervious surface.

Edwards was then able to bring his presentation up for the commission, so Widmann paused public comment and returned attention to the applicants.

Applicant’s Presentation And Commissioner Questions

Edwards first addressed some concerns, primarily how the aquifer protection zone on the property is within the vegetative buffer that surrounds the property.

He talked at length about the quality of the soil and the extensive soil testing that has been done at the site to ensure a septic system would be suitable for the site. Edwards has conducted 43 deep test pits and 12 perc tests on the site, he said, with soils being “consistently excellent throughout the site.”

“You’ve got small, two-bedroom systems, 300 gallons per day going into a thousand-gallon tank. If one of those goes down, the HOA is still responsible for it, but it would be that one family’s impacted, not the whole neighborhood,” Edwards explained to the commission.

Edwards then compared the proposed Cold Spring Preserve to developments at Castle Meadow and Turkey Roost, showing how much the latter properties were clear cut in comparison to what he and Grasso are planning. He then showed a few videos of the roads surrounding the development and how it would look from the road, ensuring a 100-foot vegetative buffer to keep sight lines low.

Grasso then jumped into the conversation, reiterating to the commission that he expanded the buffer to cover the entire aquifer protection zone in this parcel of land. Between the buffer and the protected land/open space, there is 47% of the property that will remain open space, he said.

“The Pootatuck River Corridor is gonna be better protected with this application than it would be with a conventional R-2 zone,” Grasso said. “If the text amendment and the zone change application were granted the buffer that [Edwards] showed … will remain pretty much as you see it. And Bryan Lane will remain rural, like a lot of roads in Newtown.”

Bryan Lane runs to the immediate north of 12 Cold Spring Road, and to the immediate west of Sand Hill Plaza. It is less than a half-mile long and primarily undeveloped.

Grasso then discussed his other development in Shelton, Heritage Point. Shelton required a 50 foot buffer, and Grasso said that he does not think anyone in Shelton knows how many homes are in that development because no one can see it from the road.

He also showed a graph that demonstrated the revenue from this proposal compared to a typical R-2 development. He said the town would receive about $1.2 million a year in positive revenue. He expects there to be about $9.13 million in tax revenue by 2036 if this development is approved, compared to $1.9 million in an R-2 development.

Widmann then asked commissioners if they had any questions for the developer. Commissioner David Landau raised concerns about the aquifer recharge area, the Pootatuck River that runs through the site, Middle Gate Elementary School being right up the road, and the septic system. He suggested a more formal site plan with more information may be helpful.

Thomas responded that an EH-10 zone grants the commission more discretion over a site plan and that the issues being raised would still be an issue in an R-2 zone. Edwards said a Phase I Environmental study has been done, and the site has been deemed “clean.” There will be no more hunting or mining allowed on site if this development is passed.

Rob Sibley asked how the applicant will convey the open space. He wanted to know if it will be built into the text amendment, submitted as part of the site plan, or be added as a condition. Thomas replied the open space would be shown on the site plan and it will be up to the commission to decide what type it would be.

Widmann returned to public comment.

Second Public Comment Session

Michael Dziubina was first to speak this time. He said Newtown has a “significant number” of EH-10 zoned properties. He raised concerns about people who enjoy walking, jogging, or taking their dogs for walks on Cold Spring Road and an increased amount of traffic causing potential safety issues. He added Middle Gate Elementary School already draws a large amount of traffic to the area.

Dziubina suggested adding a traffic light and sidewalks to that area to help calm traffic. He expressed interest in purchasing the land, or a portion of it, to preserve it as farmland.

Lewis Northrop spoke next. He thinks the price point of the units does not align with the POCD and brought up concerns regarding light, noise, and traffic pollution in the area, He also added elderly housing will bring visitors and service providers to the development.

“I guess my message is, you know, all the residents behind me, all our neighbors, clearly we don’t want this in this neighborhood. It’s the wrong place for this type of development. And more importantly than what we don’t want, it’s morally wrong to put this here,” Northrop said.

Mark DeWolfe expressed worry about overstressing the town’s volunteer emergency systems. Heidi Winslow spoke next, adding to DeWolfe’s point that she saw fire and ambulance regularly responding to Liberty At Newtown, another senior development in town.

“I wrote the EH-10 regulations,” Winslow said, “and I have some strong feelings about [it] ... That is to say, when it ain’t broke, don’t fix it.” Winslow asked for an affordable housing component to be added to the development.

Jonathon Gamble had issues with the price point of the units and the septic systems, citing that 80 units are going to be built in an area where 16 would normally be allowed. Kim Macey echoed DeWolfe’s point about emergency services and Northrop’s points about noise pollution from construction.

“That little area on Huntingtown Road, Cold Spring, Meadowbrook is like one of the last preserved areas that’s hardly any traffic. It’s just a great sacred, little spot,” Macey said. She also talked about fertilizers and salt from snow removal being potential issues in the future.

She then read a letter into the record from the Pootatuck Watershed Association Board in which they requested the Planning & Zoning Commission reject this development. The letter states the Pootatuck River has been identified by CT DEEP to be impaired due to high levels of E-coli in the water samples. The letter also expressed concerns about storm water management and how it will be done in a manner that protects the Pootatuck River.

The final public speaker, Nick Pekar, brought up other apartments and developments that will be coming to town, including the former Taunton Press site on South Main Street, Riverside Road in Sandy Hook Center, and Fairfield Hills.

Widmann then invited the applicants to come back and respond.

Grasso and Thomas said a traffic study will be performed for the site, that they will follow the Department of Health’s recommendation regarding sewer, and are adamant that there will be no visible changes from the road on Cold Spring except the two entrances and exits due to the 100-foot vegetative buffer.

The public hearing on these two applications was extended to Thursday, September 4, at 7 pm, in the Council Chambers at Newtown Municipal Center.

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