The owners of a 4.74-acre property on Canoe Hill Road are seeking permission to subdivide the parcel into two lots.
The new lots at 235 Canoe Hill Road (located in the two-acre zone) would be sized 2.051 and 2.69 acres and would be accessible via “common existing accessways,” according to a project narrative filed with the town.
“The existing property was a part of a 4-lot subdivision in July 1966,” according to the narrative. The property owner is represented by New Canaan-based law firm Lampert, Toohey & Rucci LLC.
235 Canoe Hill Road. Zillow: https://www.zillow.com/homedetails/235-Canoe-Hill-Rd-New-Canaan-CT-06840/57327491_zpid/
That 60-year-old subdivision “created three new lots” and, at the time, the owners of 235 Canoe Hill Road maintained access off of the road and “in the event they chose to re-subdivide” their property “would need to obtain permission from Parcels 3 and 4 to utilize the two common accessways,” the narrative said.
The applicant “has requested and received permission” from the current owners of those two parcels to use the existing common accessway, according to the narrative.
Town Planner Sarah Carey noted in her memo to the Planning & Zoning Commission that the applicant “did not provide any documentation” of support from the owner of the third parcel (“Parcel 2”) from the original subdivision.
“[T]he applicant has taken the position that based on the language of Parcel 2’s deed, they do not have the legal authority to grant or deny access,” Carey said in her memo. “Staff has reviewed this with the Town Attorney.”
The town attorney last week spoke with the owner of Parcel 2, Carey noted in her memo.
“It was stated that they will be submitting a request into the record for the application to be continued to the September P&Z Meeting,” Carey said. “At the time of issuing this memo [Monday] staff had yet to receive the request.”
P&Z is scheduled to take up the application at 7 p.m. Tuesday, according to the appointed body’s meeting agenda.
A 1909-built existing home at 235 Canoe Hill Road will remain on one of the newly created lots, under the planned subdivision, and development of the second lot “is not proposed at this time,” Carey said in the memo.
The property at 235 Canoe Hill Road was purchased for $1,250,000 in July 2021, tax records show.