Municipal officials two weeks ago issued a partial Certificate of Occupancy for the widely anticipated Merritt Village development on the edge of downtown New Canaan in violation of Connecticut General Statutes, documents show. Issued Nov. 25 by the New Canaan’s chief building official and effective Nov. 27, the partial CO for rental units in the development at Park and Maple Streets did not have legally required sign-off from Planning & Zoning, according to multiple emails sent by Town Planner Lynn Brooks Avni that NewCanaanite.com obtained through a public records request. “Pursuant to State Statues and New Canaan Zoning Regulations (Sect.
In response to comments from planning officials and concerns from some neighbors, Waveny LifeCare Network is reducing the size of a proposed residential retirement complex on Oenoke Ridge by 10,000 square feet aboveground, according to an attorney representing the nonprofit organization. The setback from Oenoke Ridge itself will be increased from 25 to 60 feet, attorney David Rucci of New Canaan-based Lampert, Toohey & Rucci LLP said in a Dec. 12 letter to the Planning & Zoning Commission, and the setback from the Heritage Hill property line increased from 25 to 35 feet. Also, the number of units will be reduced from 70 to 66—a reduction of 34% from an original proposal of 100—and the length of the building will be reduced by 30 feet, among other changes (see below), Rucci said in the letter, available in the public file at Town Hall. “In addition, affordability is of great concern to us as well,” Rucci said in the letter.
The Planning & Zoning Commission last week approved a measure whereby New Canaan property owners seeking to rent out their homes or rooms within them on a short-term basis, such as through the popular online service Airbnb, would need to pay an annual fee to the town. The $150 ‘Short Term Rental Permit Fee’ still requires approval by the Board of Selectmen, according to Town Planner Lynn Brooks Avni. Though not a revenue-generator, the fee would cover administrative costs such as application processing and filing, Brooks Avni told members of P&Z at their regular meeting, held Aug. 27 at Town Hall. Commissioner Bill Redman said, “It’s not a money maker but it puts them on notice they need to have the proper paperwork.
Saying he would have voiced the very same concerns regarding a recent application to the Planning & Zoning Commission even if he didn’t live near the site in question, a member of the appointed group on Tuesday night nevertheless recused himself from further discussion or voting on the matter. P&Z Commissioner Dick Ward cited an editorial published this week “basically asking me to recuse myself with respect to the Glass House application,” and said he was “willing to do so,” though he also noted that his Winfield Lane home does not fall within the formal 100-foot notification area as required under the New Canaan Zoning Regulations.
“I did receive a letter from the Glass House several months ago simply mentioning that they were holding a meeting for some neighbors, and I think it said that I was invited to attend, which I did not,” Ward said during the Commission’s regular meeting, held at Town Hall. “I don’t want the mere fact that you may live in the mere area of the applicant to somehow become a precedent that, whether you are a neighbor or not, just because you may live in the area, you have to recuse yourself,” Ward added by way of making his own recusal. “I think it’s a choice that should be made by the individual commissioner. Clearly, if you are a member of some club and there is an application from the club or something like that, you have an obvious conflict of interest.
Town officials are weighing proposed zoning regulations that could require the owners of properties let out for short-term rentals to obtain a zoning permit first. The proposed regulations, now in draft form before the Planning & Zoning Commission, could come to a public hearing next month, officials said. Obtained by NewCanaanite.com through a Freedom of Information Act request, the draft proposal would see P&Z regulate short-term rentals as an accessory use, not a primary use, in residential districts. Specifically, a “minor short-term rental” would be defined as “the temporary rental or part or all of a residential property for fewer than 30 consecutive nights at a time, for no more than three times in a six-month period, for which the guest compensates the owner of the property.”
Such “minor short-term rentals” would occur no more than three times in a six-month period and would be required to meet Housing Code occupancy requirements, to be used for lodging only—as opposed to activities such as parties, fundraisers, photo shoots or corporate retreats—and must not “materially disrupt the residential character of the neighborhood,” according to the draft. Commissioner Krista Neilson, who has taken a lead on helping draft the regulations along with Town Planner Lynn Brooks Avni, said that in some ways the language is designed to give more discretion to a zoning enforcement officer who might be faced with difficult situations and the prospect of resigning the requirement zoning permits.
Another part of the draft regulation specifies that the zoning permit, which would expire after one year, could be revoked if the rental “imposed a nuisance on neighbors.”
Brooks Avni noted that it would important to have “some sort of threshold about what the nuisance might be.”
“Just because they are bothered by the fact that a neighbor is renting, that might be their nuisance but if it’s allowed then it’s not really a nuisance,” she said during P&Z’s regular meeting, held April 30 at Town Hall.