Government
Town Attorney’s Office To P&Z: There’s No Cemetery on ‘Merritt Village’ Property
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There’s no evidence that anyone is buried in the portion of the ‘Maple Street Cemetery’ site that’s owned by the group that wants to develop a new apartment-and-condominium complex alongside it, according to the office of the New Canaan town attorney. There also exists no record that New Canaan ever intended to take title to the sliver of land, which was not conveyed to M2 Partners LLC—developer of the proposed ‘Merritt Village’ complex—by any of the entities that are allowed to own cemeteries under state law, according to Peter Gelderman of Westport-based Berchem, Moses & Devlin, P.C.
For those reasons, “it is the opinion of this office that the parcel is not a cemetery,” Gelderman said in a memo Monday to the New Canaan Planning & Zoning Commission. “There could be facts or circumstances that if proven, would change the conclusions of this opinion. For example, if it is shown that bodies are in fact buried at the subject property or if it is shown that the Town or a cemetery association or ecclesiastical society ever took title outside of the chain of title, then M2’s ownership interest would be in doubt.”
Sought by P&Z following a public hearing two weeks ago, the opinion could settle one outstanding question surrounding Merritt Village, which would occupy a large portion of the block of Park Street between Mead and Maple Streets. P&Z is scheduled to discuss Merritt during a special meeting at 7 p.m. Tuesday—the sixth public hearing at which the topic will take center stage.