News

Letter: Concerns Regarding Maple Street Burial Ground Persist

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From whom has M2 Partners purchased pieces of the tax-exempt burial ground on Maple Street? Disturbing any part of an ancient burial ground is contrary to state statutes, the question of ownership is secondary. Both occupied and unoccupied plots are protected by law. It’s been suggested that an agreement between the town and M2 might make it legal for M2 to proceed but leave the town holding the bag for allowing a ‘taking’ of any part of the cemetery by a private entity under CGS 19a-295. The likelihood of finding human remains, and strict cemetery laws, likely are why First American Title Insurance Company has noted exceptions to M2’s Owner’s Policy but agreed to an 11th hour amendment to their policy adding part of the cemetery, while, at the same time, denying this actually changes title.

Government

Specter of Affordable Housing Looms as P&Z Nears Decision on ‘Merritt Village’ Proposal

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New Canaan could use an increase in its in-town housing supply, for seniors, young professionals and, in some cases, families, the head of the Planning & Zoning Commission said Tuesday night. Some families want to live in town and “we can’t tell them where to live,” P&Z Chairman John Goodwin said during the commission’s first discussion of the divisive Merritt Village application since the public hearing on it closed. “I am not convinced that there will be an influx which would overwhelm the schools—I just don’t see the demographics going in that direction and the applicant put on the record some demographics there, so some sort of huge school enrollment spike—I am just not convinced,” he said during the meeting, held at Town Hall. “I am convinced that a vibrant town needs to meet the demand and the demand right now is for some in-town housing and I know there is a view that New Canaan should ideally never change—I would love that, too, but the reality is that towns do change and I think quite frankly that we have to worry right now about our village. There is a company called Amazon which is the leader in taking share of retail sales.

Government

‘Desecration Is Illegal’: Cemetery Expert Says Neighbor of ‘Merritt Village’ Has Paved Over Burial Plots

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Rather than search for violations connected to a proposed 116-unit apartment-and-condo complex, where no cemetery exists, leaders and historic preservationists in New Canaan should focus on the “high level of desecration” that has affected known burial plots next door, an expert in the field said Tuesday night. The eastern portion of the historic ‘Maple Street Cemetery’—not the portion owned by hopeful ‘Merritt Village’ developer M2 Partners—includes plants and mulch placed directly over known graves, and “what makes matters worse in terms of demonstrating the desecration” is a driveway that has paved over the burial sites of Rufus St. John and Richard Fairweather, according to Andrew Mellilo of Greenwich-based RVDI, a land use consulting firm. “We know there are bodies in those plots and it has been paved over,” Mellilo told members of the Planning & Zoning Commission during a special meeting, held at Town Hall. He told the commission that an underground surveying company determined that there has been no disturbance in the soil on M2’s property, such as would be caused by a decomposing body or the presence of graves.

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.

Government

‘A Reasonable Consensus’: Developer of Proposed ‘Merritt Village’ Complex Reduces Number of Units, Height of Buildings

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The owners of a 3.29-acre property on the edge of downtown New Canaan on Thursday night unveiled a scaled-back version of the proposed condominium-and-apartment complex that’s caused wide discussion in town since it was presented in June. Instead of 123 units in four 4-floor multifamily dwellings, Merritt Village would have 116 units (55 condos, 61 apartments) and its townhouse-style buildings would rise no more than 3.5 stories, with some of the proposed structures coming down to two stories, according to representatives for the applicant, property owner M2 Partners. The architects of the proposal would prefer to move forward with what originally had been submitted to the town, though the modified plan takes into consideration reasonable concerns raised by third-party consultants and neighbors, Dan Granniss of project designer SLAM Collaborative of Glastonbury told members of the Planning & Zoning Commission at a special meeting. Though M2 Partners does not expect to garner “100 percent consensus,” still “we want to come to a reasonable consensus and we believe the modified design has done just that,” Granniss said during the meeting, which drew more than 100 attendees to Town Hall. The modified proposal was made public during the fourth hearing on Merritt Village, currently the site of Merritt Apartments, a 38-unit complex.