Government

Town Urges State Officials To See That Aquarion Land Is Preserved, Not Developed; Public Hearing Scheduled for June 1

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Town officials and open space advocates are urging a state agency that oversees utilities in Connecticut to see that the water company doesn’t sell off pieces of a large parcel of untouched land in southwestern New Canaan to developers, but rather ensures its preservation, as-is. Calling Aquarion’s 18.9-acre property an “oasis” of “woods, stream and wetlands” and a wildlife corridor set amid developed 2-acre properties, the chairman of the New Canaan Conservation Commission in a letter this month told the Public Utility Regulatory Authority that his group is “concerned that while Aquarion has worked in recent years to get this parcel designated as ‘forest land,’ allowing it to lower the total appraised value to $239,600, the company now seeks to reverse all of that effort and sell the property off to developers at top rate.”

“Since the Town has always been agreeable to the lower ‘forest land’ tax valuation, we see no reason that this valuation should now change when discussing the parcel’s proposed sale to those who would continue to preserve, not develop, it,” Conservation Commission Chairman Cam Hutchins said in his May 4 letter. “We are dismayed not just at the sudden, fast track turnaround in Aquarion’s stewardship of this oasis, but, if allowed, we are concerned about the message this reversal would convey about the 600 or so acres of other water company land in our town, and even more across the state. Please consider our point of view, which may differ from that being packaged and presented to you by Aquarion.”

Aquarion is proposing the subdivision and sale of a wooded parcel that straddles the Noroton River and is bordered by the points of three dead-ending roads—Indian Waters Drive, Welles Lane and Thurton Drive. After the water company made its intentions public in March, neighbors on Indian Waters rapidly united to voice support for the property’s conservation, and have filed a formal motion to intervene in Aquarion’s application, citing the utility’s intention to use their private road for access to the would-be subdivided lots (more on that below).

Government

Officials: Activities at Grace Farms May Be Inconsistent with Town-Issued Permit

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Through its diverse activities, Grace Farms may be running afoul of the specific terms and conditions that accompanied its hard-won approval from the town three years ago, officials said this week. Back in 2013, when the Planning & Zoning Commission approved an amended special permit for Grace Farms, town officials required additional plantings on the site due to discussion about “activities occurring at the site,” according to Town Planner Steve Kleppin. “We knew that Grace’s vision of the property was evolving,” Kleppin said Monday during a special meeting of the Zoning Board of Appeals, held at Town Hall. “We knew the kinds of things they wanted to do. While they’re all great, they may not necessarily be consistent with the terms and conditions of the special permit, and also with what the commission though they were approving back in 2013.”

The comments came as the ZBA took up a separate though related matter: A neighbor filed an appeal to Grace Farms’ Certificate of Occupancy, saying one condition tied to the organization’s zoning permit had not been met.

News

‘It Would Be An Illegal Approval’: Neighbor’s Attorney Argues Against Rebuilt 2-Family Dwelling on Oak Street

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Town officials must reject an application to rebuild a two-family home on Oak Street because it doesn’t comply with New Canaan’s zoning regulations, would decrease the value of a neighbor’s property by looming over it and would be rejected by a court on appeal, an attorney told the Planning & Zoning Commission last week. The proposed structure at 50-52 Oak St.—centerpiece of a plan to replace the aging duplex there now—fails to meet two of the five criteria outlined in the New Canaan Zoning Regulations (see page 42) for new two-family dwellings in the Residential B zone and in any case requires a variance rather than a special permit because, after the house there is razed, the new one would be nonconforming, according to Eric Bernheim, a partner at Westport-based Halloran & Sage LLP. Criteria for a special permit include consideration of property values, and—as Bernheim’s clients, the neighbors directly to the east, the Crowleys of 64 Oak St. expressed at a public hearing last month—because the rear unit of the proposed new dwelling would loom taller over their backyard, it would devalue their property, he told members of P&Z. “It doesn’t take a lot of discussion to understand that having a two-family home that towers over your property and backyard and destroys the privacy you have and will impair value,” Bernheim said at the meeting, held April 26 at Town Hall.

Around Town

Despite Court’s Decisions, Lawsuits Tie Up Restoration of Ponus Ridge Chapel

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Though a judge this month found that town zoning officials acted properly in granting a variance designed to allow for the restoration of a long-neglected chapel on Ponus Ridge, the historic structure’s fate is unclear, as it remains tied up in multiple lawsuits brought by a New Canaan woman. In a decision issued April 11, Superior Court Judge Charles Lee affirmed the New Canaan Zoning Board of Appeals’ unanimous vote three years ago to allow for the rehabilitation of the legally nonconforming, 1911-built Ponus Ridge Chapel (see Lee’s full decision at the end of this article). Plans call for the conversion of the dilapidating structure into a guesthouse by its neighbors to the south, the Hayeses, with an easement to the chapel property at 424 Ponus Ridge for a parking space and septic system (at .14 acres, the chapel’s lot is itself too small). The president of the association that owns the building, now deceased, in 2012 had entered into an agreement with the Hayeses whereby the property would be transferred to them, in a complicated arrangement also involving New Canaan Library, following the organization’s dissolution. However, another member of the Ponus Ridge Chapel and Community Association—a group that hasn’t met in decades (the chapel itself hasn’t been used in 40-plus years)—neighbor Elizabeth Weed of 434 Ponus Ridge, filed two lawsuits designed to halt the proposed transaction.

Government

‘There Will Be Considerably Greater Loom’: Oak Street Neighbor Raises Concerns About Rebuilding Plan

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Town officials postponed a decision on an Oak Street property owner’s application to rebuild a two-story home after next-door neighbors raised concerns about how the proposed new structure would loom over their house. Though a proposed two-family home at 50-52 Oak St. would be only “marginally taller than what is already there, it will be far closer to our property and therefore, there will be considerably greater loom,” Paul Crowley of 64 Oak St.—a Colonial that originally dates back to 1934, what scores of New Canaanites had come to know as Archie Stewart’s house at the corner of Green Avenue—told members of the Planning & Zoning Commission at their most recent regular meeting. “The people in this residence will have stadium seats, looking into my backyard and it will also block out late afternoon light,” Crowley said at the meeting, held March 29 at Town Hall. A proposal calls for special permit to create what would be a more conforming structure on the .29-acre parcel at 50-52 Oak St.