Newtown Residential Preservation Society - Newtwon, CT


----- Original Message -----
From: "Aubrey DeWolfe" <jadewolfe@earthlink.net>
To: "Leonard Hill"
Sent: Friday, August 29, 2003 11:32 AM
Subject: RLUIPA


Dear Mr. Hill:

Thank you so much for your speedy response to my letter. How wonderful that your group is spearheading a national resource organization/support group/clearing house for those of us fighting RLUIPA battles.

I fear our situation in Newtown is, indeed, similar to your predicament in Hancock Park. The appeal complaint submitted by the Cambodian Buddhist Society cites five counts: arbitrary, illegal and abuse of the discretion of
the Planning & Zoning Commission, two citations of violation of Connecticut General Statutes (52571-B - the state version of RLUIPA), and two citations of violation of RLUIPA.

Aside from the fact that we feel RLUIPA is unconstitutional, we also believe that the town is justified in denying the application because of ³compelling governmental interests². However, it doesn¹t seem to matter what we feel; it¹s what happens behind closed doors as well as what happens in court. We have been assured by the first selectman that there will be no deals cut; however we are realistic enough to know that especially in tough
economic times, things happen.

We are supporting our selectman¹s involvement in two state organizations to enlist their help. And, while the town is using its in-house legal service, our group has retained a separate attorney to represent us specifically.

You noted in your e-mail that LRNA is prepared to share legal information with our lawyers. Have you developed the process for applying for this assistance? I read on your web site that Marci Hamilton is named as your
legal representative. WOW! She¹s the best in the country. I have written to Professor Hamilton on two occasions and she did assist us in contacting another Connecticut town with a similar issue.

As I wrote in my last correspondence, we thank you for any help you may provide.

Best regards,

Joyce DeWolfe
Newtown Residential Preservation Society, Member

Richard Coburn
President

I have attached my previous snail mail letter and enclosures as you asked.

117 Boggs Hill Road
Newtown, CT 06470
August 25, 2003

Leonard Hill, President
League of Residential Neighborhood Advocates
4500 Wilshire Blvd.
Los Angeles, CA 90010

Dear Mr. Hill:

Last week I e-mailed you regarding the plight of our neighborhood group which is battling a RLUIPA issue. However, because of the current threat of computer viruses, I have decided to provide you with hard copy as well.

I spoke with Robert Alaniz last week who had been referred to us by Queena Sook Kim of The Wall Street Journal. Mr. Alaniz referred me to your web site and I am writing to ask direction for our local neighborhood group.
Based on my reading of the Situation Overview on your website, I would estimate that our group is currently at the point that LRNA was when appeals were denied to those seeking to convert the Hancock Park home to a
Temple.

Last fall we formed The Newtown Residential Preservation Society to oppose the construction of a Buddhist Temple in a zoned residential area. Toward that end we obtained over two thousand signatures of townspeople opposing the construction and we were successful in convincing the local Planning and Zoning Committee to reject the proposal. However, the Cambodian Buddhist Society of Connecticut has appealed the decision and currently we are awaiting that litigation. We have successfully applied for and received "intervener" status in the appeal.

Last Tuesday evening we are finally met with our Congresswoman, Nancy Johnson, who encouraged us to enlist the support of two state organizations which we have begun to do. And, of course, our ongoing efforts focus on
raising money to pay for our legal fees.

Your website says it ³assists other communities in their efforts to protect the unique characteristics that have historically defined residential neighborhoods.² The Wall Street Journal article also indicated that your
organization "plans to fund lawsuits on behalf of like-minded homeowners across the country." Is this accurate? What is the procedure for applying for assistance?

I am enclosing summary information of our group¹s effort so that you may see the progression of our organization and its actions. We may be disenfranchised and second class citizens , but we are a very determined, committed group.

We thank you for any help you may provide.

Our president's name is Richard Coburn
141 Boggs Hill Road
Newtown, CT 06470 Phone 203-426-0406
e-mail: jartcob@aol.com
Sincerely,


Joyce DeWolfe
Newtown Reservation Preservation Society, Member
Phone 203-426-4937 e-mail: jadewolfe@earthlink.net
Enc.


NEWTOWN RESIDENTIAL PRESERVATION SOCIETY

OUR PURPOSE

The Newtown Residential Preservation Society seeks to maintain the concept of the residential neighborhood within existing residential zones as established by the town of Newtown. It opposes applications that promote the
development of institutional or commercial land used within residential areas. It strives to promote community health, public safety and environmental quality in order to maintain Newtown¹s quality of life while preserving the community¹s natural setting and maintaining property values.


SUMMARY OF OUR PROBLEM

On August 8, 2002, Robert Schechinger, on behalf of the Cambodian Buddhist Society of Connecticut, submitted an application to the Newtown Planning and Zoning Commission to build a temple at 145 Boggs Hill Road, Newtown, CT.

On October 2, 2002, the Newtown Zoning Board of Appeals exempted the Buddhists from height regulations of their proposed temple under the special category of ³religious architecture.²

On November 13, 2002, the Newtown Conservation Commission approved a wetlands construction permit for the Cambodian Buddhists Society of Connecticut proposal to build the temple.

On December 5, 2002, five abutting property owners of the NRPS filed a court appeal seeking to nullify the wetlands permit.

On February 20, 2003, the Newtown Planning and Zoning Commission rejected the proposal to build the temple.

On March 12, 2003, the Cambodian Buddhist Society of Connecticut filed a court appeal seeking to nullify the decision.

On April 28, 2003, eight abutting property owners of the NRPS obtained legal intervener status in the court case.


ACTIONS INITIATED TO PROMOTE OUR CAUSE
  • obtained 2300 signatures of Newtown property owners opposing construction of the temple; presented them to the appropriate commissions
  • retained attorneys to represent the NRPS at the Conservation Commission Meetings and at the Planning & Zoning Meetings
  • hired professionals to speak at commission meetings on ground water, ecology, hydrology, septic systems, and other environmental issues
  • formally initiated an appeal of the decision of the Conservation Commission
  • provided information to assure the commissions that denying the application is not in violation of RLUIPA
  • researched undisclosed additional nonreligious uses of the proposed building; shared the information
  • presented information to the Police Commission regarding road safety and site safety
  • challenged information in the applicant¹s Traffic Evaluation
  • examined drawings; posed questions regarding fire regulations and related safety
  • researched similar out-of-state facilities; reported number of members, types of activities, and frequency of events
  • repeatedly pointed out misrepresentations in the applicant¹s material
  • revealed the proposed development site¹s use as a telemedicine treatment center
  • requested draw-down tests on neighboring wells to assure continuous, adequate water supply during/after festivals of 450++ participants
  • met with Congresswoman, Nancy Johnson, to seek support and direction for our cause

Copy of Petition to Deny Application

NOTICE OF OBJECTION TO APPLICATION SUBMITTED TO THE NEWTOWN PLANNING AND ZONING COMMISSION BY ROBERT C. SCHECHINGER, JR. ON BEHALF OF THE CAMBODIAN BUDDHIST SOCIETY OF CONNECTICUT, INC. FOR THE DEVELOPMENT OF A TEMPLE/MEETING HALL AT 145 BOGGS HILL ROAD

Residents of Boggs Hill Road and the surrounding area purchased their homes based on the zoning restrictions -- residential/agricultural -- and all appreciate the value of a quiet, pleasant neighborhood. Both the 1993 Plan
of Conservation and Development and the 2002 Citizen¹s Survey cite the importance of maintaining the rural environment. Now an applicant is requesting a special exception (spot-zoning) to build a temple/meeting hall
and substantial parking area in the neighborhood.

To have an institution that will generate noise, traffic, and a parking lot for upwards of 150 cars, in addition to a festival attracting over 400 people at least four times a year, will destroy the quality of life as it exists today. Additionally, traffic throughout Newtown will increase since the temple will be located several miles from a state highway and the majority of the congregation comes from adjacent cities. Should this become the state site for the Society, past precedent has shown that over 500 people will attend the festivals and weekend use will be significantly increased. Planning for the current minimum volume of traffic and use of the site is inherently deceptive and estimates must be made evaluating realistic use of the site when completed and in the future.

Our concerns include the following:

  • lack of data in applications indicating the number of people using site
  • spot zoning
  • damaged rural setting
  • increased traffic
  • excessive noise
  • potential well problems
  • probable environmental contamination
  • questionalbe septic practices
  • decreased property values
  • compromised wetlands
  • possible expansion to include day care/night activities/playground

We urge you to reject this application. We ask you to support the residents of Newtown -- loyal citizens and taxpayers who choose to live in this town because of its rural setting which, incidentally, has been achieved by the very zoning regulations that are now being considered for special exemption.