On Thursday, September 4, Newtown Planning & Zoning Commission held a public hearing regarding applications 25.17 and 25.18. These applications are for “Cold Spring Preserve,” an 80-unit age restricted cluster development located at 12 Cold Spring Road.

Application 25.17 is for a text amendment to allow elderly housing with a “subsurface sewage disposal system.” Application 25.18 is for a zone change to move 12 Cold Spring Road from an R-2 zone to an EH-10 zone. The commission first heard from the applicant.

Attorney Dominick Thomas, representing the applicant, spoke first: “I would like to begin and really summarize my presentation in a simple statement that sometimes gets lost when you have these type of applications, meaning a zone text change and a zone map change in this situation. And that is the statement is that there will be development on 12 Cold Spring Road. It’s a relatively simple statement. It’s pretty close to the sun’s gonna rise in the morning.”

Thomas said that no matter what, this “treed, natural piece of property” is going to be developed. He said any development will bring traffic and changes. He said that 12 Cold Spring Road is a “classical transitional area,” which “motivates” the need for a zone change. He referenced Meadowbrook Estates, which is a 200-plus-unit age restricted community in Oxford, also in a transitional zone. Transitional zones are residential neighborhoods that border commercial properties.

Thomas claims there are no other single family, age restricted units in Newtown, and that all age restricted communities in town are attached units.

Jason Edwards, principal engineer at J. Edwards & Associates, agreed with Thomas in saying that 12 Cold Spring Road is a transitional zone due to the proximity of Sandhill Plaza and other commercial businesses in the area.

Edwards then took the time to respond to comments from Candlewood Valley Trout Unlimited and the Pootatuck Watershed Association, “Both of them made reference to impervious surfaces; nine percent impervious levels were a trigger point for concern. I’m not sure where that number comes from. Looking at DEEP’s guidelines, they actually stated it’s 11% impervious cover. That would be a concern … the key takeaway is that those numbers all are assuming that there’s no stormwater treatment in place.”

Edwards continued on to explain that any new development has to have stormwater treatment systems. He said that whatever the developers do, stormwater would be “fully controlled and treated.” Addressing the aquifer protection concerns in relation to septic systems, Edwards said that with the types of soils found on the site, the area for nitrogen dilution would be .35 acres of land. He pointed out that with a 59-acre site, they could have up to 168 two-bedroom septic systems. That is more than double the amount the applicants proposed.

Edwards also showed pictures of the corner of Turkey Roost and Toddy Hill Roads before and after the traditional subdivision was built.

AJ Grasso of Prestige Builders pointed out that there are only eight houses within 500 feet of the proposed development, which are all closer together than they would be to any of the houses within the development. He added that the state Department of Transportation (DOT) does not consider this application a “major traffic generator.”

Grasso continued, saying that the homes are two-bedroom homes, built with zero energy standards, and are dark sky compliant.

“Our septic systems will be outside of the aquifer protection area and … will meet all state and local requirements. The development, as Jason said earlier, is designed to have no net increase runoff. And then this would also end any mining that’s been going on on the property and would also assure that there’d be no hunting going forward,” Grasso told the commission.

“What I wanted to do is highlight, if the commission approves the text amendment and zone change, this would guarantee 300% more open space and protected or buffered land compared to an R-2 zone.” Grasso said. He added that all designated land will remain open space that will be maintained and preserved by the Cold Spring Preserve Homeowners Association (HOA), the Pootatuck River will remain undisturbed and protected (through HOA), and the vegetative buffer will “preserve the character” of a Newtown country road.

Then the commissioners asked questions.

Commissioners’ Questions

Commissioner Roy Meadows asked where exactly the cluster would be located on the 59-acre lot. The applicants answered that they have not “established that before.”

Edwards then said there would probably be a circle road going through the parcel. Meadows asked if the applicant plans on putting the development over the full 59 acres. Edwards answered no and explained that there will be 32% preserved. Grasso added that another 15% of the land would remain untouched to create the vegetative buffer, bumping up the total of preserved land to 47%.

Commissioner Don Mitchell then asked about whether there are any current regulations that describe the kind of septic system the applicants are proposing. Edwards said that the septic would be singly family septic systems, which are regulated by state health code or Newtown health code. Mitchell quoted the proposed amendment and said that it states “a septic system,” meaning one.

Edwards replied that is wrong, and there would be one septic system per home, like a standard development. Mitchell also asked if the applicants have worked with Newtown’s Conservation Commission, and Edwards replied they have not consulted them yet.

Commissioner Barbara Manville asked if the applicants have worked with Candlewood Valley Trout Unlimited on site plans as she is concerned about the potential impact on the Pootatuck River.

Thomas answered, “We would be consulting with them to show them our stormwater management plan and to show them all the other protections that … would be involved. Right now, we’re talking about changing the zone to allow development.”

Manville said that the water temperature has already risen, and Thomas said that is due to deforestation and climate change. Manville said the historic flooding on August 18, 2024 impacted the river greatly as well.

Grasso then answered, “The Pootatuck River is gonna get even more substantial [protection] than it would be without [the development].” This is due to the HOA assuming responsibility for the entire 59-acre parcel and the requirement that the development does not have an increased runoff on the site.

Rosen then turned the meeting over to public comment.

Public Comment

Heather Pearson was the first to speak. She said there are about 500 senior housing units coming into Newtown and she does not think of 55-year-olds as seniors. She also raised concerns about the price point being close to $700,000 for a two-bedroom house. She then also raised concerns about the precedent of this zone change, adding that there are large parcels on Huntingtown Road that could have similar proposals for them.

Domenic Carpionato said that he moved to town and bought his house because he did not want to be in a high-density area. He is concerned about this development affecting his property value. He added his unease towards the septic systems and said, “No matter what anyone says, this will affect the groundwater.”

Valerie Hart said she is concerned with the “character of our rural community being destroyed by the high-density application in places where they just simply don’t belong.” She added that there is a responsibility to protect the aquifers and is worried about traffic safety in the area.

Laura King then expressed concern for the volunteer ambulance in town that is “already taxed and stressed to the max.” She said that the volunteer services could “throw their hands up and walk away,” which would leave the town responsible for acquiring an ambulance crew.

Neil Baldino, president of Candlewood Valley Trout Unlimited, then spoke. He said that the Meadowbrook area is “one of [the] hottest spots” for E. coli in the water.” Baldino added that 80 septic systems will not help that issue.

Julieta England said that she lives in an age restricted community in town. She said, “I don’t think ten days [go] by in the development in which I live where we don’t have a visit from an ambulance or a firetruck from the Hawleyville volunteers.” She agreed with the others raising concerns over septic tanks.

Jonathon Gamble spoke next. He said the corner of Bryan Lane and Cold Spring Road is a blind corner, and that the average age of retirees in Connecticut is 65. That means people who move into this community at 55 will still be working for an average of ten years, creating traffic directly across from Middle Gate Elementary School.

Aaron Nezvesky said, “There are no other EH-10 developments in town that are in the aquifer recharge area that do not have sewer.” He repeated himself for emphasis. He also shared that the developer said there would be a $1.2 million tax revenue gain from this development, but that adding paid emergency service workers would cost approximately $5 million. “That sounds like a $3.8 million deficit to me,” Nezvesky said.

Kim Macey raised concerns over the wildlife, and the pollution from the site, as well as traffic with the elementary school on the same road.

Dave Segal said, “It’s not like they’re trying to build affordable housing. It’s luxury housing. So this is a luxury, this is not something we need.”

Rosen then asked the applicant to come back and address any comments.

Thomas then spoke and said that septic systems have improved greatly and can handle cluster developments. Thomas then read some lines from the POCD.

Rich then asked for a point of order, “He’s continuing to read us our own documents which we’re all familiar with.”

Thomas continued, saying he wanted to “point out” what is in the POCD “for those that weren’t aware of it.” He added, “In my experience, there’s very little evidence about extensive impact on emergency services for 55 and over development.”

Edwards then took the floor, adding that the Connecticut Department of Public Health issued guidelines that say no more than six bedrooms on one septic system. He pointed out that the density of this proposed development is far less than those guidelines call for.

Rosen then closed the public hearing.

Commission Discusses, Votes

Meadows said he thinks the price point is “a little much.” He said a lot of people want to downsize as older adults and do not want to spend $600,000-700,000 on a smaller house. He also said that he is concerned about the septic systems failing and leaking into the aquifer, which would be “a big problem for Newtown.”

Meadows also said he is concerned about the runoff from the impervious surfaces into the Pootatuck, raising the water temperature which would then kill the trout in the river. He also mentioned the high levels of E. coli and said that the septic systems is “surely going to increase the E. coli content of the Pootatuck River.”

Rosen then spoke. He said the “bottom line” is whether the commission will keep the property as an R-2 zone or rezone it to be EH-10. He reminded the commission that it is not responsible for voting on tax revenue. He said that the property will be developed, unless “the nature conservancy comes” and buys the property first. Rosen pointed out that the applicants did a good job of showing what 19 homes would look like on the property for an R-2 zone and did not show what the 80 homes would look like on the same parcel, which is what they were applying for.

Commissioner Connie Widmann said that changing a residential zone to an EH-10 is “probably not the most responsible,” but agreed that there is a high demand for age restricted housing. Manville agreed with the other commissioners and said the commission has a responsibility to “protect the environment and integrity” of the town.

“I see absolutely no reason to entertain this,” Rich said. “That’s just how I feel about it.”

Then Rosen put it to a vote. The first vote was for the denial of the text amendment change. The vote was unanimous and it passed 5-0.

The next vote was for the denial of the zone change. This vote carried unanimously as well, 5-0.

The next Planning & Zoning meeting is scheduled for Thursday, September 18, 7 pm, Newtown Municipal Center Council Chambers, 3 Primrose Street.

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