56 Units—

Rezoning Request For Condo Complex Draws Heavy Opposition

By Andrew Gorosko

Alberts Hill Road area residents have expressed strong opposition to a requested change of zone for a remote 20-acre parcel, where a New Canaan developer wants to build a 56-unit age-restricted, luxury-grade condominium complex.

About 40 Alberts Hill Road area residents attended a November 3 Planning and Zoning Commission (P&Z) public hearing to voice organized opposition to Pine Crest Estates, Inc’s, request to rezone 32 Alberts Hill Road from R-2 (Residential) to EH-10 (Elderly Housing). The site formerly held The Cornerstone of Eagle Hill, a private drug and alcohol rehabilitation hospital, which closed several years ago after a series of regulatory issues and patient emergencies hindered its operation.

In 2003, developer Jack Dweck of New Canaan, doing business as Pine Crest Estates, Inc, bought the property from Lutheran General Behavioral Health Corporation of Oak Brook, Ill., at a foreclosure sale for $1.375 million. P.W. Scott Engineering & Architecture of Brewster, N.Y., represents the applicant in the Pine Crest Estates proposal.

The site’s current R-2 zoning is intended for single-family houses on building lots of at least two acres. EH-10 zoning is intended for high-density, multifamily housing for people over age 55. The site is on the east side of Alberts Hill Road, about one-quarter mile from that road’s intersection with Walnut Tree Hill Road.

Obtaining a change of zone for the site is a preliminary step in developing the property. A condo complex also would require a special exception to the zoning regulations, plus a site plan approval. The November 3 zone change hearing is slated to resume on December 15 when the developer is expected to present the P&Z with additional information.

Project opponents listed a variety of complaints about the development proposal, including additional traffic on hazardous roads in the area, environmental concerns, damaged property values, the prospect of depleted underground water supplies, and an adverse effect on the area’s character, among others. Opponents submitted a petition to the P&Z bearing the names of more than 125 people who oppose the rezoning application. Many of the signers live in the vicinity of the site.

Mr Dweck said that when he acquired the property, it was in a dilapidated and neglected state, but he has made various improvements, restoring the property to its previous condition. The development proposal calls for new construction, as well as converting some existing structures into condos.

Mr Dweck said he envisions “very, very classy and expensive condominium units” for the property whose prices would range from $600,000 to $800,000. “It would really be a credit to the community,” he said.

Mr Dweck said a marketing study indicates that residents of the proposed condo complex would move there from the “general geographic area,” broadly “the Northeast,” and more specifically from places such as Westchester County, N.Y. The proposed condo complex would enhance property values in the area, Mr Dweck stressed. He predicted that nearby homes would increase in value by 20 to 30 percent due to their proximity to such a complex.

The site would be served by a large, central septic waste disposal system because there are no public sewers in the area. The property would have its own underground water supply because there is no public water supply in the area.

A typical condo unit would enclose approximately 2,400 square feet of space, with 1,500 square feet on the ground level and 900 square feet on an upper level. Each unit would have a two-car garage.

Public Comment

Many Alberts Hill Road area residents spoke at the November 3 public hearing in opposition to the rezoning request.

Morgen McLaughlin of 14 Alberts Hill Road raised issues about septic waste disposal for a condo complex. She urged that the state Department of Environmental Protection (DEP) formally approve any large septic system for such a complex before any change of zone would be granted by the P&Z.

Ms McLaughlin said her family owns almost 160 acres near the development site and has worked since the 1940s to protect the land. The area holds McLaughlin Vineyards, wintertime bald eagle habitat near Shepaug Dam, Upper Paugussett State Forest, and a section of Al’s Trail, she said.

“We are in an ‘Eden’ in this part of town,” she said.

Unlike other local age-restricted condo complexes, the Pine Crest proposal would not be served by public water and by public sewers, she noted. Ms McLaughlin said she is “really dismayed” by the proposal, adding that it amounts to “reckless development.” Such a change of zone would be setting a “dangerous precedent,” she said.

Bruce McLaughlin of Alberts Hill Road said he fears that added development in the area will pose wetlands issues, causing fish habitat contamination.

Dan Calandro of 4 Hearthstone Lane expressed “deep concerns” about the development proposal, listing land conservation, water supply, and septic waste disposal issues. Such growth would destroy the fabric of the community, he said. Alberts Hill Road, Walnut Tree Hill Road, and Echo Valley all are difficult roads to travel, he said.

Walnut Tree Hill Road has many slopes and curves, he noted, adding, “The more people you add, the greater the danger…It’s the lay of the land that makes it so dangerous.” Constructing 56 condo units would translate into 112 more vehicles traversing the roads in the area, he said. Mr Calandro noted that a separate nine-lot residential subdivision is now in the planning stages for land near the intersection of Walnut Tree Hill Road and Alberts Hill Road.

Mr Calandro said, “This [Pine Crest] proposal is irresponsible and dangerous,” a comment which drew applause from the audience.

Lincoln Sander of 211 Walnut Tree Hill Road said the developer’s traffic study is a flawed document that does not reflect reality. Many area people use the eastern section of Walnut Tree Hill Road to reach Glen Road, rather than using the western section of Walnut Tree Hill Road to reach Church Hill Road, he said. Mr Sander urged that the developer perform another traffic study to address Walnut Tree Hill Road’s usage.

Traffic engineer Michael Galante, representing the applicant, had provided P&Z members with a traffic study performed last June. The study focused on Alberts Hill Road, plus the section of Walnut Tree Hill Road lying between its intersections with Alberts Hill Road and Church Hill Road. The proposed condo complex would generate a similar number of vehicle trips as was generated by the former hospital on the site, he said. “Age-restricted development doesn’t generate a lot of traffic, especially during peak hour,” Mr Galante said.

Julia Wasserman of 113 Walnut Tree Hill Road said the original purpose for creating EH-10 zoning was to address the residential needs of local elderly people. The P&Z created EH-10 zoning for Nunnawauk Meadows, a publicly subsidized rental housing complex for the elderly on Nunnawauk Road. “It is high time for the [P&Z] to revisit the issue of EH-10,” Mrs Wasserman said.

Mrs Wasserman, who is a state representative, urged that the P&Z follow its rules carefully in reviewing the Pine Crest Estates application.

Paul Pollock of 103 Walnut Tree Hill Road told P&Z members that changing a property’s zoning designation is intended to serve a municipal need. The developer has not demonstrated that such a municipal need would be met by such a zone change, he said.

Melissa Consiglio of 7 Hearthstone Lane told P&Z members that she moved to Newtown from Norwalk in 2004, wanting to get away from overcrowding in that area. Newtown has good public schools, is not overcrowded, and is a good place to raise a family, she said.

Ms Consiglio said she fears that Newtown will become “condo central,” adding that the Pine Crest Estates project would hurt the quality of life experienced by nearby residents. She said that when she bought her new home, she expected that zoning in the area would remain designated as R-2 for single-family houses on building lots of at least two acres. She urged P&Z members to reject the application.

John Conk of 120 Walnut Tree Hill Road said, “The traffic plan, I think, is an insult to common sense.” A condo complex would put a strain on local emergency services, he said, predicting that he would experience well-water depletion problems if a condo complex is built.

Jack Bestor of 24 Walnut Tree Hill Road said the proposed complex could damage nearby wintertime bald eagle habitat. Newtown still retains some “rural-suburban character,” he said in urging that such character be preserved.

Linda Jones of 16 Walnut Tree Hill Road said, “We don’t need more [condo] units. We don’t need more traffic.”

“Please protect us,” she said in urging the P&Z to reject a change of zone.

Ben Toby of 69 Alberts Hill Road termed the condo proposal “a blatantly bad idea.” The area is suitable for R-2 zoning, he stressed, in urging a P&Z rejection of the application.

John Glaberson of 2 Valley Field Road North and 99 Alberts Hill Road, said, “It’s not the type of area where you want to put that type of density.” The roads in the area are treacherous in the wintertime, he said. The topography is difficult to navigate, he added. “I just don’t think the area is suitable for this type of development.”

Analysis

In analyzing the Pine Crest Estates rezoning proposal, Community Development Director Elizabeth Stocker found that the proposed development to be inconsistent with town zoning regulations. One proposed building would contain 14 condo units, but town zoning regulations limit the number of units in any building to eight. The minimum separation distances between the proposed buildings pose issues. The applicant’s description of second stories within condo units is inconsistent with the regulations.

If a zone change is granted to Pine Crest Estates, such regulatory inconsistencies would have to be resolved, according to Ms Stocker.

“While the site may be attractive for conversion to a higher density development, it poses serious challenges for development into independent elderly housing due to its remote location,” according to Ms Stocker.

The potential for additional development on surrounding properties, the lack of public sewers and a public water supply on the site, the nature of the roadways in the area, plus the site’s location within a sensitive watershed near the Housatonic River must be considered by the P&Z in reviewing the application, she added.

“The local roadways leading to this site pose serious challenges to any driver, regardless of the capacity of the roadway to absorb additional traffic,” Ms Stocker wrote. “So far, the low development density found in this area has been appropriate. The design of the roadway system in this area should be reviewed carefully to assure that additional housing density will not cause future safety hazards.”