Vote to Rezone United Water Property Defeated

A resolution to rezone the controversial United Water property was soundly defeated Wednesday night, with council members voting along party lines. 

Before an emotionally charged and divided audience that packed the Council Chambers, the resolution failed by a 4-2 vote.

Republican councilmembers voted in favor of the resolution to rezone, while their Democratic counterparts voted against it. 

In making her plea for rezoning the property, Mayor Ann Subrizi stressed that if the United Water application is left to run its course through the Zoning Board hearing, "it will almost certainly be appealed."

"If the application is denied, it will be appealed and if the application is approved, it will be appealed," Subrizi said. "Nobody knows what it will bring except that it will be out of the hands of any one in New Milford and all costs defending the appeal will no longer be from an escrow account and the bills will accrue."

Subrizi also said that rezoning gives the governing body the opportunity to work collaboratively with the developer to negotiate a less intensive use for the land. Subrizi said that without the rezoning, there is no motivation for the developer to continue the conversation.

For the first time, the audience was balanced between those who supported Subrizi's resolution to rezone and those who were against it. To those who were against the resolution to rezone, Subrizi said, "To let the gamble proceed looks like a viable option from where you stand, not from where I stand."

"To vote 'no' is to say yes to uncontrolled development. A 'yes' vote favors smart development while maintaining a voice on what will go there. This will give us leverage. This transaction is under contract and is no longer for sale. Rezoning is the only way to control our destiny," Councilman Diego Robalino said, in casting his vote in support of the resolution to rezone.

Voting against the resolution, Councilman Austin Ashley said, "No one up here would act in any way that they didn't believe in. If we rezone, it would guarantee what I believe is a bad use for the property. It will be detrimental to the borough to rezone. I vote no for that reason."

Council President Randi Duffie also voted down the resolution.

"Rezoning is not right for New Milford. Dangling a field before our eyes is an insult because they have yet to downsize the commercial component. I sit up here because I have always been very involved in my community."

"I do not believe this is right for New Milford," Duffie said. "I believe there's a smart enough group out there to get a field for our children without trading for a huge monstrosity," she added.

After casting his support in favor of rezoning, Councilman Dominic Colucci said, "I believe the best responsible thing for the town is to keep our taxpayers from having to pay legal fees or, buying a piece of property that has to be flood mitigated. All that is upwards of $20 million. There is no guarentee of grants--Hurricane Sandy is taking alot of the grant money. My vote is yes, as it has always been."

Voting against the resolution, Councilwoman Hedy Grant said, "The situation we face now is due to two years of mismanangement. There was a time for collaboratvie discussion with the developer in 2011, but that didn't happen."

Grant added, "My problem with the devloper is that I don't know if he's willing to downsize and while everything else is on the table the Shop Rite isn't. No matter what type of trees they plant, or landscape design, the Shop Rite is still there--it's the elephant in the room."

In casting the final vote, Councilman Michael Putrino said, "There's been a lack of communication between the governing body, the Board Of Education, the residents and the developer. I don't think rezoning is right for all the reasons we've heard."

"A huge Shop Rite will present a nightmare. I think communication should be kept open with the developer but not to rezone," Putrino said. 

After the meeting adjourned, Subrizi told Patch, "Now we proceed with the gamble.

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