Grace Farms last week conceded a key legal point in its long-running bid to secure permission for robust and varied activities at its Lukes Wood Road campus. Attorneys on behalf of Grace Farms have argued that the organization is allowed to operate not only as a religious institution, as defined in the New Canaan Zoning Regulations and as approved four years ago, but—with approval from the Planning & Zoning Commission—as a club/organization and philanthropic/charitable agency, too. Gaining those new “use designations” formed the major goal of an application filed in September on behalf of Grace Farms by attorneys with Stamford-based Robinson & Cole. Yet lawyers retained by neighbors—concerned since Grace Farms opened to the public in October 2015 about what’s actually happening there, as opposed to what had been described during public hearings—successfully argued that the regulations do not allow for more than one “principal use” at Grace Farms.
That has forced the organization now to withdraw its full application with P&Z and first pursue a text change to those regulations. Neighbors Jennifer Holme and David Markatos, who are represented by attorney Amy Souchuns of Milford-based Hurwitz, Sagarin, Slossberg & Knuff LLC, told NewCanaanite.com that they are “pleased to see that the town has finally recognized that having multiple principal uses in the 4-acre, lowest density residential zone is in direct contravention of not only New Canaan’s zoning regulations and special permit criteria but also the Plan of Conservation and Development.”
The Smith Ridge Road residents noted that in an April 21 report Donald Poland, a planning consultant at New York City-based Goman+York, found that the number of principal uses Grace Farms actually is seeking is seven: foundation, church, club, restaurant, commercial conference center, public park and office building.