The controversial subdivision application for 291 Mill Hill Road was unanimously denied by the Town Plan and Zoning Commission on Tuesday.

Presented by attorney John Fallon on March 11, the application proposed the creation of four lots on property belonging to Nicole M. Paul, who lives out of state. The 2.6 acres of land was bequeathed to Paul by his grandfather, Alfred Garofalo upon his death several years ago, and was left in a state of disrepair. The commission had concerns about the cul-de-sac Fallon described as a temporary turnaround, predicting its eventual extension as an access road.

There was much discussion over the definition of a cul-de-sac versus a turnaround Tuesday, coupled with research into subdivision rules and regulations. According to Section 2.1.7, "Land for a turnaround on a public dead-end street which will at some future date be projected into adjoining property may be provided in the form of an easement to the Town which shall contain a condition for automatic termination of the easement upon extension of the street." While this regulation appears to meet with the applicant's promise that the street with be extended at some point, the commission was hesitant to grant approval should such an

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anticipated application never be presented.

"It's designed pursuant to our specs for a cul-de-sac," Assistant Planning Director James Wendt said Tuesday evening, "but with a proposed extension in the future."

Commissioner Richard Jacobs chimed in with his reasoning as to why such a proposal might never come to fruition. "A temporary turnaround shouldn't be considered. In other places in town, they end up becoming permanent." He offered his own street as an example; his "cul-de-sac" is still registered as a "temporary turnaround" since the 1960s. "As soon as I saw that [definition], I couldn't go any further [with the application]."

Commissioner Jim Kennelly concurred, "I'm uncomfortable accepting this definition without a plan for future use. You can't have it both ways. I urge the commission to deny this application."

Another worry the commission had pertained to open space regulations, the lots being so close in proximity to Mill Hill School classrooms and the baseball field. Although there would be no requirement for open space to be included in such an application, the developer would consider allotting one lot for open space.

Concerns brought up at the public hearing two weeks ago included discrepancies between the applicant's traffic report and eyewitness accident reports on Mill Hill. The commission sought a report from Fairfield police to corroborate. This follow-up revealed that there has been only one accident in the vicinity of 291 Mill Hill Road over the course of the past three years.

Commissioner Donald D'Andrea offered his opinion having driven by the area in question since the last TPZ meeting. "You can't see to the right when you're heading to Mill Hill School," he said. "The location of the road is bad. There are too many problems with the plan. It could be better and safer."

Commissioner Brian LeClerc agreed, also mentioning potential drainage issues with the property's elevation drops, storm water likely to run into private property. He concluded by opining, "There should be no approval without open space requirements."

Commissioner Russ Green held beliefs in line with his colleagues, identifying the application to be "horrible planning," without the ability to "account for future lots."