MOREHOUSE FARM PARK
ORIGINALLY PROPOSED FOR A NEW SCHOOL.
Environmental reasons nixed this concept.
(L) Fletcher-Thompson version of school plan (OK'd by
Special Town Meeting Nov. 15, 2001) including drawing of
Morehouse use as playing fields (upper right of the map
for the Referendum). Vacant land stories - more from around CT: FROMSON-STRASSLER
story at P&Z here.
Conservation Commission...FROMSON-STRASSLER
("Parish Ridge")
"COMPLAINT"
FILED AGAINST CONSERVATION IN SUPERIOR COURT FEB. 25...reason
21(i) (of the "arbitrary and capricious" part) states:
"Members of the Commission during the course of the public
hearing evidenced a clear bias against the Plaintiffs'
application and a predisposition to deny the
application." None that we noticed during the
hearings--please go to reports
below...
As posted in the Town Clerk's Office Monday
morning, Feb. 11, 2002...and see above for Fromson-Strassler
response...
------------------------
LEGAL
NOTICE: "D E C I S I O N "
"Notice
is hereby given that the Weston Conservation Commission
held a special meeting at Weston Town Hall on February 4,
2002, and a motion was made to DENY the application of
Howard Fromson and David Strassler for a permit for the
following regulated activities in or near wetlands and/or
watercourses: development of 18 lots, construction
of roadway, and installation of a suppression tank and
storm water grit separator on approximately 83 acres of
land located at the southern end of Upper Parish Drive
abutting the Wilton town line."
(To be published in the Thursday, Feb. 14, 2002
Weston FORUM)
Work session open to public,
Saturday morning, Jan. 19, Town Hall, 9:30-11am.
Commissioners set forth their initial feelings
(meeting moved to warmer Meeting Room from Commission Room at
10:30am because of health considerations--heat turned down [freezing temperatures!!!] and locked up
that way in Commission Room). Notes left on doors and
table noting the move to the warmer meeting room.
As to the meeting itself, all
commissioners present voiced their initial feelings, and will
be listening to the tapes of any meetings they missed in this
application cycle.
- five (5) commissioners
present--one not feeling well, the other had to recuse
himself;
- representative of the
applicant present in audience, newspaper; members of the
public;
- each commissioner had
opinions and stated them--option of proposing conditions
rather than "up or down" discussed;
- box
turtle, crossing town boundaries, use of multiple
bathrooms/family flush totals, trade-off of open space for
tight density, whether or not Wilton part of property is
part of any equasion in conservation matters
discussed...full record in front of Commission.
- dates offered for
writing decision--MONDAY, FEB. 4 in the evening in Town Hall
is next date--decision has to be made at the FEB. 6 regular
meeting or else a special meeting will be needed; the
idea of getting an extension from the applicant for 35 days
broached by Vice-Chair. The meeting adjourned at
11:05am.
Conservation Public
Hearing closed...35 days from Jan. 7
for decision...unless applicant grants 35 day extension.
Observer at the Jan 7. 2002
continuation reports lively public input and legal
argument.
DEC. 17, 2001 Public Hearing notes:
Much
information submitted into the record about natural features
and creatures by consultants for Town of Weston; changes
made by applicant relating to earlier reports by those
consultants. One consultant for the Conservation
Commission suggests an alternative of community septic systems
for dense clusters of homes in the "CD's"--three of them in
this proposal equalling 18 houses (served by BHC water).
Lots are under 1 acre in size. Applicant claims to offer
all other land in Weston as open space or having open space
easements, League thinks. Land in Wilton not on the
table for discussion, although applicant's report states in
many tables that the total land of Parish Ridge is "129
acres." More than 80 acres are in Weston. One
resident neighbor claims to know there is a Wampum Hill
connection to Upper Parish through an "old wood road" that
makes many more acres developable (than just the 15.7 acres
plus suggested in this application). Large tracts may
thus open up for development as a result of Parish Ridge
successful application. This session of the Public
Hearing lasted until 10:30pm. CONTINUED TO JAN. 2.
Report from
November 8 short Public Hearing...continuation Dec. 17 at
7:30pm in the Town Hall Meeting Room
NEXT PUBLIC HEARING DATE:
DEC. 17...a Monday evening
Now total
length continued, after 45 day extension given, to January 7,
2001, location and time TBA...
FROMSON-STRASSLER
("Parish
Ridge") PUBLIC HEARING AT CONSERVATION COMMISSION SPECIAL
MEETING BEGAN TUESDAY, OCTOBER 9 in TOWN HALL;
consultants for the Town submitted reports for the November 8
continuation, and more time was needed, League suspects, to
adequately respond to points made. These consultant
reports are available for public inspection in the
Conservation Office at Town Hall. A "walk" was scheduled
again because flagging was not adequate (no member of the
applicant's staff capable of leading the "walk" appeared at
the original date, either). Debate ensued
regarding what should be flagged and what should
not; a new "walk" date was set for Dec. 8
(Saturday). Until the following missing items are
supplied, Conservation did not want to proceed, as League
heard it:
- Applicant must mark
boundaries of septic systems on the ground
- Applicant must
indicate 100' regulating buffer
- Indicate house
footprint markings (most specific indicators in regulated
areas)
- Tree removal marking
- To measure
effects: cutting and filling markers correlated with
plans for each activity on each building site
- Need new staking for
Public Water Supply lines (faded out)
- Mark center of road
(with fresh stakes)
Attorney for
Conservation and developer's attorney debated the meaning of
"Avalon Bay" recent court decision; one member of the public
spoke about need for developer to respond to request to remove
debris. Adjourned to continuation date noted above @
9pm.
Tuesday, October 9 was opening of 45 day course of
Conservation Public Hearing on Fromson-Strassler "Parish
Ridge"...changed from Tuesday, October 30 for continuation and
end of public's opportunity--at 7:30pm, Town Hall--to NOVEMBER 8 (Thursday) at 7:30pm
in the Weston Library Community Room:
Conservation
Commission announces "walk" for Commission on October
27--public allowed to join in; Chair. of Commission
recuses himself (he is a neighbor and attorney for applicant
requested that he do so). Vice-Chair. presided at Public
Hearing.
- Questions asked about
effects of chlorinated water on recharge in groundwater for
others than the 18 families in this proposed subdivision,
and for the proper functioning of septic systems--will this
eventually lead to need for sewers?
- Where are the power
lines?
- Are the drainage
structures (i.e. culvert) already built legal and proper?
- Will there in effect
be "clearcutting" to insert drainage structures at such a
high-density site?
- What is the story
about dry hydrants?
- Where will water
supply come from? (Answer--down Route 57.)
- What are the plans for
the Wilton part of this large Fromson-Strassler
property? (Answer--None in this application.)
Adjourned @10:30pm until October 30
(Tuesday) at 7:30pm (?)...
PLANNING AND ZONING - Fromson-Strassler. To be under consideration in 2019 for an 8-24 for possible purchase by Aspetuck Land Trust...
Planning and
Zoning Commission votes in favor of purchase of
Fromson-Strassler Property at December 2, 2002 meeting, after
Public Hearing on 8-24.
NOTE POWER LINE (left map):
On the left below is an earlier
version of the Fromson-Strassler Property (as presented at
Conservation Commission for inland wetlands approval for an 8
lot conventional layout); on the right is a general area
map locating the parcel--83 acres in Weston, the remainder of
the 129 total acreage in Wilton.
Previously
on "Affordable Housing" challenge;
$13,000
more for lawyer to defend P&Z. For background:
Planning and Zoning Commission unanimously rejected
challenge...their main reason (along with six pages of
comment) cited as:
"...Although the Planning and Zoning Commission recognizes the
need for affordable housing as described in the affordable
housing statutes that have been adopted by the state of
Connecticut and, in particular, the need for the Town of
Weston to be sensitive to promote the establishment of
affordable housing, the Fromson-Strassler application does not
meet the standards for health, safety, conservation and
environment protection that are paramount to the
considerations of the Planning and Zoning Commission."
In the "complaint" dated April
12 (to be returned May 15), the Plaintiffs, among other
reasons, claim "...The entire record of the public hearing
demonstrates the predisposition on the part of the Commission
and an effort by the Commission to create and fabricate
reasons for denial that would insulate the Town of Weston from
the statutory requirements that it approve this Affordable
Housing Application."
Will the issue
of CL&P power lines be introduced here as reason to "cluster" homes?
The power line runs adjacent and parallel to direction of
Upper Parish Road into Wilton...this is shown on map below
(left).
"Not sufficient evidence in the
file..." for denial say Howard Fromson and David
Strassler. They sue the Weston Planning and Zoning
Commission in Affordable Housing Court...Maybe the applicant
meant to sue some other town? Reason number 19 in the
suit says: "The Property is zoned for principal
permitted uses of single-family homes on three (3) acre
lots." Last time League looked, we have two (2) acre
zoning in Weston.
PARISH RIDGE: REJECTED UNANIMOUSLY BY P&Z.
Affordable Housing Development/Open
Space Conservation Development; access only from Upper Parish
Drive (proposed 3200'+ deadend)...This was the first affordable
housing challenge for Weston, as was explained by Special Town
Attorney (Town Attorney had recused himself). See below
for funding request by P&Z. If appealed, more money
needed to defend the Town.
Six (6)
pages of reasons for denial available in the Town Clerk's Office
Thursday, 4-5-01:
Board of
Selectmen approves request for funds to complete consultant
effort through decision time-frame. Commission was
expected to render decision in less than the 65 days
permitted by law, as reported by Vice-Chair. of P&Z at
Selectmen's meeting March 1--NOTE: 48 days needed from
time Public Hearing closed until P&Z voted at April 2
meeting.
PUBLIC HEARING CLOSED AT SPECIAL
TUESDAY, FEB. 13 at 6:30pm meeting: report
from League Co-President follows.
Testimony by
two experts for the P&Z; conceptual plan only (as
this proposal turns out to be) lacks detail Weston usually
needs to make decisions (although this is a matter for the
Affordable Housing Court to decide). Public water to be
brought in by BHC--definite part of the application now.
Suggestion that the State of Connecticut DEP review this
plan. Questions about affordability of the proposed
units, health aspects of septics so closely spaced (by
qualified experts from the community) and possible conflict of
interest raised by public. Three and one half hour
session (applicant's attorney not present for later
stages). One member of P&Z Commission had recused
himself.
Planning&Zoning
Affordable
Housing PUBLIC HEARING, JAN. 22: Continued
from December 18, 2000--NEXT CONTINUATION FEBRUARY 5,
2001 (NOTE: and the above stated date for continuation
was cancelled due to heavy snowfall--rescheduled for Tuesday,
Feb. 13, 2001 at 6:30pm in Town Hall)...
LWV Observer
notes that the crowd was sparse, and only four (4) individuals
spoke. The evening was devoted to testimony by an independent
planner from the northwest area of Connecticut. After
being challenged by the Fromson-Strassler attorney to say how
many "affordable" units Weston had listed (1) in the 1999
official record of public or deed restricted affordable
housing, compared to Litchfield (a community of similar
size--having over 140 official affordable units) it was stated
by the witness-planner that Litchfield had public water and
sewer service in the center of Town, which was where the
affordable housing units were located. More to come from
consultants on engineering and hydrology (click HERE for resume of hydrology
consultant).
AT
PLANNING & ZONING PUBLIC HEARING DEC. 18, 2000:
Members of the
LWV of Weston were in the audience as the Planning and Zoning
Commission opened the Public Hearing for the Fromson-Strassler
AFFORDABLE HOUSING application --an "Open Space Conservation
Development." The applicant gave as two reasons for
proposing this use of 83 acres of property in the Northwest
corner of Weston (total acreage 129--the rest in
Wilton): first, the Conservation Commission approval of
8 lots on an Inland Wetlands permit recommended that CLUSTER
be used to limit disturbance and second, Weston is only behind
Easton as one of Connecticut's 137 Towns (32 are exempt) that
do not provide "affordable housing" according to the
legislature's definition (as stated in a letter dated February
10, 1999 from CT Department of Economic Development and
Community Development).
WHAT'S
AFFORDABLE? The attorney for the applicants suggested that
"affordable housing" in Weston = $380-$390,000. He also
stated that the Westport-Weston Health District approval was
for two and three bedroom houses only, with septic capability
for 3 bedrooms. The attorney for the Planning and Zoning
Commission stated that 80% of the state-wide median income was
who these units were for--but he did not offer an alternate to
the applicant's attorney's housing price noted above.
The applicant is going to check his figures for submittal at
continuation of this Public Hearing. The Applicant also
has to consider answers to some professional P&Z questions
about nitrogen loading at "clusters" of units;
professional P&Z questions about seasonally high
groundwater conditions, overlapping drawdowns from wells, etc.
PUBLIC
INPUT: sign-in sheet used--and intelligent questions
from 10 members of the public (limited to 5 minutes
each)...more to come January 8, 2001. In the
audience were neighbors of the property in question (shown
above), some of whom had been named in a legal action along with
the Conservation Commission--this application for 18 lots in an
"open space development" under the Affordable Housing statute is
not the same as the 8 lot subdivision presented previously at
the Inland Wetlands Commission (in Weston, this is the
Conservation Commission). For more insight into
"clustering" residential development, please click HERE.
FROM
ELSEWHERE: THE WESTON CASE CAME FIRST AND ONE OF THE
CONSIDERATIONS IN WESTON WAS ENVIRONMENTAL -
PROTECTION OF THE BOX TURTLE...
Friday,
August 23, 2002 - 3:38:57 AM MST CT POST
AvalonBay
rebuffed by DEP on box turtles
By FRANK JULIANO
MILFORD
-- The state Department of Environmental Protection has sided
with a city agency in a lawsuit filed against it by a Wilton
developer seeking to build a 284-unit apartment complex on
Wolf Harbor Road.
AvalonBay Properties Inc. is
seeking to build the apartments under the state's
controversial Affordable Housing Act, and would reserve 25
percent of the units for families earning less than Milford's
median income, which is $62,000 for a family of four.
The company's lawyer argued that
the Inland Wetlands Agency attached special significance to
the presence of Eastern box turtles on the 42-acre site, but
only the state DEP has jurisdiction over upland species.
The DEP, in a brief filed Thursday by assistant attorney
general Richard F. Webb, found that local wetland agencies
have "remedial" functions, which allow them to regulate
activities outside of wetland boundaries.
[Please read the rest of this article in the archives at the CT POST website]