Date: Fri 25-Aug-1995

Publication: Bee

Author: KAAREN

Quick Words:

roads-selectmen-subdivision

Full Text:

Road Policy May Be A Legal Dead End, Attorney Says

B Y K AAREN V ALENTA

Town Attorney David Grogins told the Board of Selectmen Monday night that a

blanket requirement that subdivision developers bring abutting town roads up

to town standards might not stand up if contested in court. He recommended

that the town evaluate each situation separately.

Mr Grogins' opinion had been sought by the selectmen because of continuing

discussion about the policy they adopted last April. The selectmen said that

developers must pave roads as well as install drainage and curbing when they

build a subdivision that connects to a substandard town road.

"The concept of requiring offsite improvements by developers is a very

difficult area and there has been a lot of litigation," Mr Grogins said. "The

question is whether the improvements are necessitated by the proposed

subdivision."

The housing boom in Newtown has escalated the town's road problems. Once

subdivisions are built, homeowners begin to demand that adjacent town roads be

improved at taxpayer expense.

But attorneys for the developers argue that by doing drainage and curbing,

they are doing enough. Paving and other improvements on a town road are the

town's responsibility, they said.

The question specifically involves River Run, a proposed subdivision for seven

homes on Turkey Hill Road. The homes are planned by Gordon Anderson and Ed

Raymond, longtime local builders.

Mr Grogins said the developers agreed to do $45,000 worth of road improvements

but the town demanded that the road also be paved, a provision that would

bring the cost up to $82,000.

Attorney William Denlinger, who is representing the developers, said the

additional costs would add too much to the selling price of the homes, which

are in the "moderate" range.

Mr Grogins said the selectmen might want to reconsider the blanket edict and

instead "look at each situation closely and evaluate it."

"(River Run) is different from most subdivisions because there are no internal

roads," Mr Grogins said. "The only road involved is Turkey Hill Road, which is

a public highway. It's not a paved, modern, fully improved road. The problem

is that we have a lot of roads like this and a lot of subdivisions are coming

in."

Selectman Gary Fetzer expressed concern that if it appears the town is willing

to negotiate the road requirements, it will set a dangerous precedent. One

developer may wind up paying $80,000, another $50,000 for the same type of

project, he predicted.

Mr Grogins disagreed. "I think if we make a flat law that all subdivision

developers do all these road improvements, then I think we will be in trouble.

This is one of the areas that cries out for flexibility - every road isn't the

same."

"The town always has tried to be reasonable, do to a balancing act," he said.

"That's why we aren't in court very much."

First Selectman Bob Cascella and Selectman Jim Smith both said they prefer to

come to an agreement with individual developers rather than wind up in court

and possibly lose everything.

"I think we have to say that our door is open," Mr Cascella said. "There's an

opportunity here to work together. But we are taking a much firmer philosophy

with these types of issues."