Government

Legal Counsel to Zoning Board: Back Up Town Planner on ‘Sober House’ Decision

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After telling municipal officials that a “sober house” on West Road may operate without a permit in a residential zone, the town attorney is advising the volunteer body that will hear an appeal of that decision to uphold it. New Canaan must grant a “reasonable accommodation” under the federal Americans with Disabilities Act to the sober house “and cannot discriminate against handicapped or disabled persons,” town attorney Ira Bloom said in a letter filed Thursday with Planning & Zoning. “Even when the sober house reaches capacity of six or perhaps eight from time to time, the ADA requires a reasonable accommodation that would allow for such occupancy,” Bloom said in the letter. “[Town Planner] Mr. [Steve] Palmer has been working diligently with the proprietor of the sober house to craft a set of conditions for its ongoing operation, including provisions for inspections, reporting and supervision. His goal is to have such conditions become part of the official record—perhaps even part of the [Zoning Board of Appeals’] decision after the March 6 hearing.

Government

Hawks Hill Road Homeowner Seeks Permission To Build Pool House into Rear Yard Setback

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The owner of a ranch house in the southwestern corner of New Canaan is seeking permission from the town to build a pool house about 10 feet closer to his northern property line—and the Merritt Parkway beyond it—than the town’s zoning regulations permit as-of-right. To be located on the far side of the in-ground pool already installed at 58 Hawks Hill Road, the proposed pool house and patio would reduce the rear yard setback from 25 feet, as allowed in the 1-acre zone (see page 58 of the New Canaan Zoning Regulations here) to about 14.4 feet, according to an application filed with Planning & Zoning. The Zoning Board of Appeals is scheduled to take up the application at its Feb. 6 meeting, to be held at 7 p.m. at Town Hall. It isn’t clear what is the hardship claimed by the applicant.

News

Next-Door Neighbor Files Formal Appeal of Town’s Decision That ‘Sober House’ Is Allowed

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Citing the definition of ‘family’ in the New Canaan Zoning Regulations, a next-door neighbor of the West Road home to be operated as a “sober house” has appealed the town planner’s finding that the property can be used as such in a residential zone. Describing the four-acre zone as “an area zoned for single-family homes” and noting that a sober house’s residents are not related to each other and include support staff, the appeal from Thom Harrow of West Road said the proposed use “is inconsistent with the definition of a family as set out in the Town Zoning Regulations, inasmuch as the proposed use provides housing for as many as eight people and related staff.”

“Pursuant to General Statutes Sect 8-7, this is an appeal from an order of a planning & zoning official which does not prohibit further construction or expansion of a use, and as such, the filing of this appeal stays the order and [The] Lighthouse is not permitted to occupy or use” the West Road home “for the stated purpose until this board resolves the appeal.”

The Zoning Board of Appeals is scheduled to meet Monday. It isn’t clear whether the appeal, received by the town Jan. 23, was filed in time to make that meeting’s agenda. Under the regulations (see page 18 here), ‘family’ is defined as “any number of individuals related by blood, legal adoption or marriage and up to two additional unrelated individuals living and cooking together on the premises as a single housekeeping unit, as distinguished from a group occupying a boarding or rooming house or hotel.”

Since the town planner, on advice from the town attorney, asserted that the sober house is a permitted use at the West Road address, neighbors have spoken out against that finding specifically and more generally about a for-profit business such as The Lighthouse being allowed to operate unchecked and without a public hearing or permit in a residential zone.

Government

Opponents of Planned ‘Sober House’ in New Canaan Will Appeal Decision To Allow It without Permits

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Saying a planned “sober house” on West Road will devalue their homes and open the door to similar for-profit facilities launching in New Canaan’s residential neighborhoods, more than 20 residents filed a formal letter this week voicing concerns to municipal officials. Neighbors have retained an attorney and plan to challenge before the Zoning Board of Appeals the town planner’s finding—rooted in advice from the town attorney—that a business called The Lighthouse can operate without a permit as a post-rehab facility for men recovering from addiction. New Canaanites “should be concerned that these homes have no restrictions as to how they’re operated and are under no legal supervision,” according to the letter. “They are allowed to insert themselves as a business in any residential community. The fact that our town is known for being a child-friendly, family-oriented community has no bearing.”

Town officials have confirmed that The Lighthouse has signed a two-year lease to operate out of an 8,000-square-foot home that sits on more than four acres on upper West Road.

News

Owner of New House on Hemlock Hill Road Seeks Permission To Build Pool House in Side Yard Setback

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The owner of a 2016-built custom home on Hemlock Hill Road is seeking permission to construct a fully outfitted pool house within a side yard setback. The 25-by-11-foot pool house—renderings show a living room with vaulted ceiling, bathroom and outdoor shower and kitchen—would sit near the southern property line at 183 Hemlock Hill Road and southwest of the 9,266-square-foot home built there last year, according to an application scheduled to come before the Zoning Board of Appeals on Monday night. The application—parts of it are available in the dropdown menu here—appears to seek a variance from a subsection in the New Canaan Zoning Regulations that allows detached accessory residential structures by special permit (see page 53 here). Specifically, under the zoning regulations, a detached guesthouse or accessory dwelling unit must comply with setbacks for a principal structure in the zone. In the two-acre zone, the minimum side yard setback for such buildings is 35 feet.