Members of Wilton’s Planning and Zoning Commission (P&Z) said they favor setting strict requirements for the use of a proposed emergency access road connecting the ASML campus to Arrowhead Rd., a project that is opposed by Arrowhead Rd. residents who argue it would undermine the character and safety of their small neighborhood.
In agreeing to the strict requirements, the commissioners sought to find a compromise that would balance the needs of ASML, the residents of Arrowhead Rd., and the town. They agreed that the proposed two-lane road, which would run from the parking garage on ASML’s main campus at 77 Danbury Rd. through the property at 39 Arrowhead Rd., was the most feasible option out of the alternatives presented by ASML’s engineering consultant Tighe & Bond. They also agreed with Wilton’s police and fire chiefs that an emergency access road was a safety necessity.
However, commissioners indicated that they were not in favor of allowing ASML to use the access road to ensure the continuity of its business operations once an immediate crisis had passed.
“If the definition of emergency was restricted to … purely safety issues, like getting people out of the property when an emergency happens, I don’t think there’d be any controversy amongst the board for approving this project,” Commissioner Trevor Huffard said during P&Z’s Monday, Mar. 23 meeting. “But the fact that, if an emergency does occur, that 700 or 300 or 200 — or whatever number you want to pick — cars could be heading down that road for an undefined length of period makes the application very difficult to approve.”
Town Counsel Finds Proposed Rezoning is Not Spot Zoning
In addition to arguing that the access road would disrupt the residential characteristics of the Arrowhead Rd. cul-de-sac and that the movement of large vehicles could pose a safety hazard for children living on the street, residents also claimed that changing the zoning of 39 Arrowhead Rd. to allow the emergency access road constituted illegal spot zoning. Prior to Monday’s meeting, however, attorneys Brendan Liberati and Ira Bloom of the law firm Berchem Moses, PC, submitted their opinion, prepared at the request of P&Z, that the proposed zone change would not be found to constitute spot zoning if challenged in court.
To be considered spot zoning, the proposed zone change would have to apply to a small parcel of land and be “out of harmony” with the town’s Plan of Conservation and Development (POCD). While the proposal does apply to a small parcel of land, Liberati and Bloom concluded that the access road was consistent with the POCD because it would only be used in emergencies and improves public safety. Furthermore, the associated landscaping and drainage will “result in a modest reduction in stormwater runoff” to Arrowhead Rd., a net benefit to the neighborhood.
Laura Indellicati, an attorney with Wofsey Rosen Kweskin & Kuriansky representing Sabrina Gibbs of 25 Arrowhead Rd., argued that ASML’s application violates the POCD because the access road represents “the disruption of a residential neighborhood for [a] business purpose.” Indellicati also referred the commissioners to a letter she submitted to P&Z in February, in which she argued that the rezoning would “eliminate any buffer between ASML’s commercial operation and the sanctity of the low-density residential haven of the [Arrowhead Community] Association,” particularly if traffic along Arrowhead Rd. were to be allowed for a protracted period of time.
Jeffrey and Pamela Musor of 40 Arrowhead Rd. encouraged the commissioners to read Indellicati’s letter outlining objections to the proposed zoning change and special permit, accusing ASML of “pushing a false narrative” with regard to the spot zoning and acting as a “bully.”
“ASML from the beginning said, ‘Take it or leave it,'” Pamela Musor said. “There was no negotiation.”
Commissioners Hammer Out Conditions
Following the closing of the public hearing, the commissioners agreed to delay a vote until P&Z’s next meeting on Monday, Apr. 13 and to hold a “pre-deliberation discussion” to begin developing consensus on a final resolution. The decision to delay a vote was in part to allow P&Z chair Ken Hoffman, who was out of town for the Mar. 23 meeting, to be present for it.
Commissioner Margit Ritz expressed concern that large vehicles could have trouble navigating Arrowhead Rd. and wondered if the road could be widened or sidewalks installed to help relieve potential congestion.
Commissioner Jill Duncan said that while she agreed with the town counsel’s opinion that the zoning change did not represent spot zoning, she agreed with residents’ concerns.
“We did look at the different options ad nauseam, and I really don’t see a different solution for ASML,” Duncan said. “As Trevor said, it is very difficult to want to approve this, but I think there is a way if we’re very, very explicit about what the emergencies are. I think that’s really the best way that we could look at this.”
Commissioner Michelle Saglimbene agreed. “I think that … we need to consider … obviously ASML’s emergency needs, but also the needs of the neighbors,” Saglimbene said. “I think that the definition of emergency needs to be very, very clearly laid out so that this emergency roadway does not become simply another delivery roadway or a driveway for the ASML employees.”
Participating in his first P&Z meeting after having been unanimously approved by the commissioners at the Mar. 9 meeting, Commissioner Colin Christ said that while he needed to do more research prior to voting on the application, he agreed with the other commissioners calling for a strict definition of emergency use and said he would probably feel the same as Arrowhead Rd. residents if he was in their shoes.
While agreeing with the other commissioners about the need for an explicit definition of allowable emergency uses for the access road, Commissioner Jessica Rainey also sought to balance the needs of Arrowhead Rd. residents with those of Wilton residents who work at ASML.
“We heard from the neighbors who are Wilton residents, [but] I think we also need to keep in mind that there are Wilton residents who depend on ASML for their jobs,” Rainey said. “And for those employees, for all ASML employees, we want to make sure that they are working in a safe environment where, if there was a true emergency and they couldn’t get out from the [77 Danbury Rd.] bridge, that they wouldn’t be stuck there.”
Commissioner Anthony Cenatiempo suggested that P&Z condition the use of the emergency access road on three circumstances: first, the main entrance at 77 Danbury Rd. would have to be impassable; second, that using the main entrance would put someone in “imminent danger of bodily harm;” and third, that use of the road is directed by Wilton’s police or fire departments. Furthermore, Cenatiempo suggested that ASML pay for any traffic control devices required by the town, such as speed bumps or temporary signal lights.
“If we’re going to approve this, we would need a draft that would be very specific, and for my particular vote, I just don’t see [ASML’s] definition of emergency cutting it,” Cenatiempo said.
P&Z Vice Chair Mark Ahasic said that he accepted Tighe & Bond’s explanations for why the alternate routes were not feasible, and understood that Arrowhead Rd. represented “the one low-hanging fruit” despite the street’s residential nature. He said that he, too, is trying to balance the need for emergency access with the concern that the road could potentially be used for continuity of business operations without strict limits.
“This is a tricky situation to be in,” Ahasic said.
Huffard reiterated his earlier argument that the use of the access road would be “a slam-dunk, really easy thing to approve” for emergencies, but he did not believe P&Z should allow ASML to continue using the road once the crisis has abated simply because the main road was still closed.
“The fact that [ASML has not] … designed a replacement bridge and gotten approval to do that, or possibly even design a temporary use bridge that could replace it very quickly, I think is something that they should have spent more time thinking about, so that we could know that within a month the bridge could be repaired,” Huffard said.
Huffard also suggested the possibility of requiring ASML to provide financial compensation in the event of extended use of the access road, which Director of Planning and Land Use Management Michael Wrinn noted was outside P&Z purview to impose.
Wrinn said that he and Planning Department staff would prepare a rough draft of a resolution outlining the approved emergency uses of the access road for the commissioners to review and discuss at the next meeting on Apr. 13. Wrinn also noted that the commissioners were not under a time crunch to approve ASML’s application at the next meeting, if they felt that more time was needed.