Government

‘Protect Us from Turning into Greenwich’: P&Z Adopts More Flexible Regulations for Gates and Columns

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Seeking more flexible and legally defensible rules, town officials last week voted to expand a section of the New Canaan Zoning Regulations that pertains to the allowable heights of gates and columns, such as those found at the ends of residential driveways. Until now, homeowners in any residential zone seeking to install fences or freestanding walls higher than four feet above finished grade—when in the front yard and located between the front property line and front yard setback line—applied to the Planning & Zoning Commission for a special permit to do so. The across-the-board rule, while ensuring that New Canaan’s larger residential zones don’t appear sealed from the public roadway in a cold and distant way, have brought on “a number of issues,” according to P&Z Chairman John Goodwin. “It just brings us to a point where we are trying to over-regulate a very difficult area,” Goodwin said during the group’s regular meeting on Jan. 31, held at Town Hall.

Business

‘Orchards End’ Health and Wellness Organization To Seek Special Permit To Operate at Oenoke Ridge Residence

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A special permit application will be filed on behalf of a new health-and-wellness enterprise on Oenoke Ridge Road, according to an attorney representing the organization. Discussed at a Planning & Zoning Commission meeting Tuesday, Orchards End seeks to “to bring preventative and restorative lifelong health solutions to souls looking to enrich their lives through mind, body and spiritual enlightenment,” according to its mission statement. Services include personal and group training classes, yoga, acupuncture, meditation, nutrition counseling, massage and holistic health seminars. Attorney David Rucci of New Canaan-based Lampert Toohey & Rucci, LLC said Orchards End of 544 Oenoke Ridge road “is not an ongoing commercial enterprise.”

“Our special permit application will specifically describe the activities at the property as far as any nonresidential use,” he told NewCanaanite.com. The applicant will file for a special permit as a “Major Home Occupation,” described in the New Canaan Zoning Regulations as follows (see page 24): “The use of a dwelling for a home-based business involve two or more non-resident employees or six or more patron, client or associate visits per week.”

A major home occupation is a permitted accessory use and requires a special permit, under Section 3.3.C.3 of the zoning regulations (see page 49).

Government

Prospect of Seventh Public Hearing for ‘Merritt Village’ as Cemetery Questions Linger for P&Z

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The owner of the future ‘Merritt Village’ apartment-and-condo complex on the edge of downtown New Canaan is in talks with Planning & Zoning officials about whether yet another public hearing will be needed to sort out whether any of the property to be developed constitutes a cemetery. Approved with 60-plus conditions by the P&Z Commission in November following six public hearings, Merritt Village is to include 110 total units. In December, property owner M2 Partners filed an administrative appeal citing several of the conditions that involve the ‘Maple Street Cemetery.’

The conditions regarding the burial ground are objectionable to M2 because, if upheld, they would require the property owner to seek approval for an amended site plan. P&Z is asking the hopeful property developer to return for a hearing in February, according to New Canaan resident Arnold Karp, a partner in M2. “We are on hold because if they are going to go take a piece of my property, I can’t design a building,” Karp told NewCanaanite.com.

Government

Property Owner Appeals Six Conditions Attached to P&Z’s ‘Merritt Village’ Approval

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The group that owns Merritt Apartments is appealing some of the conditions placed on its hard-won approval to develop the downtown New Canaan site with up to 110 units. M2 Partners is “aggrieved” by six of the 65 conditions that the New Canaan Planning & Zoning Commission imposed on construction of the planned ‘Merritt Village’ complex near Maple and Park Streets, according to an appeal filed Dec. 22 in state Superior Court in Stamford. The conditions—which deal with the ‘Old Burial Ground’ or ‘Maple Street Cemetery,’ underground parking and fencing during construction—have no legal or factual basis and should be revised or deleted, according to the appeal, filed on behalf of M2 by attorney Steve Finn of Stamford-based Wofsey Rosen Kweskin & Kuriansky LLP. A series of conditions regarding the burial ground would appear especially objectionable to M2 because, if upheld, they would require the property owner to seek approval for an amended site plan.

Government

Questions About Well Water Prompt P&Z To Postpone Decision on Proposed Two-Level Pond for Weed Street Estate

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Seeking more information about how a proposed well might affect neighbors, town officials on Tuesday night continued a public hearing regarding a Weed Street property owner’s dramatic plan to install a two-tiered pond behind a new house. One neighbor who spoke out against plans for a recently formed 22-acre estate at 386 Weed St. voiced concerns to the Planning & Zoning Commission about the removal of 426 trees on the property—a criticism that would appear somewhat hypocritical, according to a landscaping professional representing the applicant. Sean Keating of TLC Lawn and Landscaping conceded that the 6-acre section that’s been cleared “does look quite devastated at the moment,” though he noted that 4,000 shrubs and trees are planned for the property. “The six acres will be absolutely lush and luxurious when it’s done, and the neighboring properties actually are clear-cut,” Keating told P&Z members at their regular meeting, held in Town Hall.