The Borough of Newtown’s Borough Board of Burgesses held a regular meeting on Tuesday, October 13. At the beginning of the meeting, Warden Jay Maher shared with the board that new sidewalks have been installed at 21 and 23 Queen Street.

“I’m very excited about how they’ve come out,” Maher said, “However, I must say that the project was not realized in its entirety because at the 11th hour, the scope of work changed dramatically, and influenced the pricing on the project where we did not have funds for the entire project at the time. Very disappointing.”

Maher reminded everyone that the money for this project was American Relief Plan Act funds, which have to be used by the end of this year or they will be forfeited. He thought it was better to “get 250 feet of sidewalk in.”

During the Streets & Parks section of the meeting, Maher asked for $1,500 to repair an area of the sidewalks in front of Newtown Middle School which is “delaminating” and “needs to be patched.” The motion passed unanimously.

Maher also informed the board that on September 29 there was a hearing at Danbury Superior Court regarding the Castle Hill development. The judge met with the applicant and Maher said that the judge’s decision is “expected within days.”

The general liability and public officials’ liability policies, which have been an ongoing discussion for months, were finally settled during the October 13 meeting, too. Maher made a motion to move $7,653 out of the general reserve for the USI insurance policy later in the meeting, which was passed unanimously.

Next, Maher read Tree Warden Robbie McCulloch’s report in his absence. McCulloch reported that stump grinding has been completed on Main Street and Queen Street, and that he had talked to Maureen Rohmer, who was also at the meeting, about trees in her yard. Rohmer attended the meeting because she wanted to learn more about tree replacements in the Borough.

Later in the meeting, Maher asked for a retroactive motion to approve $1,050 to replace two maple trees that were removed for the installation of sidewalks on Queen Street. Maher explained he made a promise to the homeowner before the start of the project that the trees would be replaced. The motion passed.

Burgess Sarah Phillips offered a brief update for the Historic District, saying that 74 Main Street is looking to do some renovations, including roofing, siding, and windows. She also shared that Betsy Kenyon has stepped down as vice chair, and Phillips will now serve in that position. Phillips also noted that 3 Main Street, or the former police station, is under contract, meaning it may be sold soon.

Senior Burgess Chris Gardner informed the board that he did some touch-ups on the flagpole a few days before the meeting, and that Newtown Hardware has once again donated two winter flags. The summer flag will come down and the winter flag will fly soon, according to Gardner.

Zoning Discussions And Public Participation

Maher informed the board that he did not have a report from Zoning Officer Joe Chapman. He did, however, provide an update on 69 Main Street. Maher said a property survey is waiting to be done to ensure the new shed is in compliance with setbacks.

“So there’s apparently a stalemate at this particular moment. There has been no stop work order on the property and the building department will not sign off and zoning will not sign off at this time,” Maher told the board.

Burgess Peter Schwarz asked if they knew why there was no stop work order issued yet.

Burgess John Madzula said that he believed there was a motion at a previous meeting to start issuing fines to the property owners. Maher responded that Borough Zoning Enforcement Officer Joe Chapman said that the Borough is “not in a position to levy fines at this time.”

The burgesses checked past minutes for a motion, but could not find one. Many of them remembered the conversations about wanting to start fining the property owners, however. Gardner and Burgess Maureen Crick Owen both said that the burgesses do not have the authority to tell the zoning enforcement officer to issue fines.

“We’ve also been talking about this for over a year,” Madzula said. “I hate to say it, but once you go outside the Borough at the town level, you know, the land use office has no problem issuing a daily fine … Here it’s just been carte blanche.”

Schwarz asked what “predicate” the burgesses are missing for a stop work order.

“In other words, why haven’t we done that yet,” Schwarz questioned.

Maher said there was a stop work order in place. Schwarz asked why, then, has the work not stopped yet. Madzula pointed out that the property owners finished a shed on the left side, and Phillips shared that they are waiting for a property survey to be done. Madzula added that the shed, regardless, was still built illegally as there were never any building permits issued for 69 Main Street.

Schwarz asked if they will start issuing fines if the survey is not conducted in a certain amount of time. Phillips and Madzula both said that sounds like what was trying to be done.

Maher then said, “The homeowner says she’s not going to pay for a survey.”

The burgesses laughed.

Gardner said they needed to “compel” the homeowner to, or they needed to start issuing fines. Maher said that maybe the board could ask Chapman to join them at the next meeting to answer these questions. The board agreed that would be a good idea.

During public participation, there was more discussion about Borough zoning and the Castle Hill development.

Madeline Bunt said she is “very, very, very concerned about the person leading that.”

Bunt added, “It’s my understanding that his job is to be in the best interest of the Borough. Clearly, it is not.” She added that she was blocked out of an August meeting, and that this person, Doug Nelson, during that August meeting, had to be reminded of proper meeting conduct in accordance with Robert’s Rules. Bunt said that she does not feel that Nelson has “the best interest of the Borough at heart.”

Bunt asked the board if they know of any benefits the Castle Hill development would bring to the town. Gardner informed her they could not answer but appreciated her comments and concerns and that they are now part of the public record.

Crick Owen responded, saying that Nelson “does care about the Borough.” She shared that she worked with him for 25 years and “know[s] how that man operates” as she served as the clerk for the Borough Zoning Commission.

Madzula said, in response to Bunt’s comments, that “understanding is important for any elected or appointed public representative,” and that public officials “owe it [to themselves] and to you people a better duty to understand FOIA, communications, or whatever it is.”

Bunt shared that the judge presiding over the case shared some concerns about how the information and hearings were shared with the public. She thanked the burgesses for their time.

Hearing no other comments, Maher made a motion to adjourn.

=====

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