Attorney: Neighbors Object to Access for Possible New Driveway on Woods End Road

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Some residents of a short, private street are concerned about the prospect of their neighbor seeking new driveway access to it following a possible subdivision, officials say.

A majority of homeowners on Woods End Road are concerned about “representations being made” to potential purchasers of a 2.6-acre property that sits on a corner of their private road at Weed Street, according to an attorney representing the group.

“It is our understanding that potential purchasers have been presented with a subdivision plan to create an additional lot and that this new lot would have access from Woods End Road,” attorney David Rucci of Lampert Toohey & Rucci, LLC wrote in a Sept. 1 letter addressed to another lawyer.

“Assuming your clients have the ability to subdivide the property and meet all current health, safety and zoning regulations, our clients would object to any additional lot using Woods End Road for access as it would be inconsistent with their ownership rights in the private road. The question of ownership and access would also apply to any shared access way.”

The 1932-built Colonial at 762 Weed St. sits far on the eastern side of its lot. The 2.6-acre property is in the one-acre zone, tax records show. It’s on the market for $2,395,000.

There are 14 homes on Woods End Road, a dead end near Irwin Park.

Given the lot’s size and configuration, it isn’t clear what if anything in the New Canaan Zoning Regulations (see page 55 here) would prevent the Weed Street property owner from subdividing.

Representatives for the owner at 762 Weed declined to comment.

According to Rucci’s Sept. 1 letter, an address change for the Weed Street property to ‘2 Woods End Road’ may have been initiated.

“Despite contacting a number of different town agencies we have not found any evidence reflecting this new address,” the letter said. “The owners wish no ill will toward your client or his selling of the property. However, any new owner should be aware of the limitations based upon any use of Woods End Road.”

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