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Affordable Housing: State Moves To Dismiss Town’s Lawsuit

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Saying the town’s application for relief from an affordable housing law does not amount to a “contested case” under Connecticut law—and therefore their own denial of that application is not appealable—state officials on Friday filed a motion to dismiss the municipal government’s lawsuit against the Department of Housing. The town applied last July for four years of relief from the state affordable housing law commonly known by its statute number, 8-30g. In towns that cannot meet a threshold whereby 10% of all housing stock qualifies as “affordable,” applicants for housing developments where a certain percentage of units are set aside at affordable rates may appeal to the state after they’re denied by a local Planning & Zoning Commission. 

The town had qualified for a four-year moratorium in 2017, with the denser redevelopment of the New Canaan Housing Authority-owned apartments on Millport Avenue, and hoped to qualify for another through the redevelopment of the Canaan Parish complex at Lakeview Avenue and Route 123. Yet financing difficulties with the project emerged in April 2019, and then the COVID-19 pandemic caused further delays, officials have said. 

As a result, the window opened for 8-30g applications here in mid-2021. Since February 2022, New Canaan has received three such applications.

Cristina A. Ross

West School Cell Tower: Town Council Calls for ‘Active’ Utilities Commission

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In a blow to the town’s highest elected official, New Canaan’s legislative body asserted last week that the town needs an active volunteer commission that advises on utilities. Weeks into his first term in 2017, First Selectman Kevin Moynihan said that he wished to dissolve the Utilities Commission while tackling cell coverage in New Canaan himself. 

Since then, Moynihan has brought no one forward to populate the six-person commission, which is down to three members—not enough to qualify as a quorum—and hasn’t posted a meeting agenda in four years. 

This summer, after it became known that Moynihan was planning to erect a cell tower behind West School, fellow members of the Board of Selectmen pushed back. In October, when Selectmen Kathleen Corbet and Nick Williams called for the reinstitution of the Utilities Commission, Moynihan said he didn’t “see the need” for it. 

Even so, Corbet and Williams this month pushed again for a reactivated Utilities Commission. 

And last week, the Town Council voted unanimously during an informal straw poll that New Canaan needs an active Utilities Commission and that the Council will do whatever is necessary to flesh that out, including taking input from the Board of Selectmen. “Right now, as we have a very active first selectman—he is having the thought process and the meetings that are not public meetings,” Councilman Cristina A. Ross said during the elected body’s Dec. 14 meeting, held at Town Hall and via videoconference.

Betty Lovastik

Town Committee to Private Group: We Can’t Change a Town Ordinance Allowing You To Place Ads in Waveny Ice Rink

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A committee of New Canaan’s legislative body at its most recent meeting decided against a recommendation to amend a local ordinance in order to allow a private group to have advertising in a makeshift ice rink planned for a public park. Though certain members of the Town Council Bylaws & Ordinances Committee argued in favor of allowing New Canaan Ice Inc. to run 10 to 15 paid “dasher board” ads along the walls of a rink planned for Waveny, others cautioned that making such an exception to a clearly written ordinance would set a bad precedent. Tom Butterworth, a Committee co-chair, noted that there appears to be a lack of enforcement with respect to the Section 42-8(G) of the Town Code, which reads: “No person shall distribute any handbills or circulars or post any bills, notices or advertising matter of any kind and nature in any park.”

Yet “we want a pristine Waveny,” Butterworth said at the Nov. 22 meeting, held via videoconference. 

“We want to have a rule that basically tells the world that Waveny gives you this pristine experience with nature,” he said. “And that’s a laudable goal.

Government

‘People Are Really Upset About This’: Town Council Pushes Back on Snub of VFW’s Funding Request

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Members of the Town Council are pushing back on decisions made by other municipal bodies that deny a request from local veterans for funding through the American Rescue Plan Act. The Boards of Selectmen and Finance both voted in support of a $582,600 ARPA package for nonprofit organizations that left out a $15,000 request from the local VFW. During their own July 20 meeting, Town Councilmen tried to get answers as to why the snub occurred and to urge the selectmen and finance board to fill the funding request. “If it wasn’t for our veterans this town would not exist,” Councilman Kimberly Norton said during the meeting, held in Town Hall and via videoconference. “So I think it’s of paramount importance that we take this seriously, and all of these people are volunteers that volunteered their service to our country, and then volunteered in our parade, and mapping the graves of the veterans in the cemetery.

Government

‘She Puts Party First, Before Other Things’: Town Councilmen Voice Concerns about Maria Weingarten in Divided Vote on Finance Board Appointment

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In an unusual discussion last week, some members of New Canaan’s legislative body voiced concerns about the qualifications and partisanship of a prospective member of an appointed municipal body. While Maria Weingarten can be admired for her outspokenness and strong opinions, she as an alternate member of the Board of Finance has already had to recuse herself from some important votes related to a proposed affordable housing development at 751 Weed St. and is also an activist on some education-related issues, Town Councilman Hilary Ormond said during the legislative body’s regular meeting July 20. It also is unclear just how Weingarten is qualified to serve as a regular member of the finance board, Ormond said during the meeting, held at Town Hall and via videoconference. “I’m not entirely clear what her qualifications are,” Ormond said.