Barlow Street property prompts zoning changes

NORTH CANAAN — The Planning and Zoning Commission (P&Z) has approved several changes to zoning regulations to address uses at residences. Among those amendments is one prompted by the town’s loss of a court case last year over a residential property use. Discussion of the topic at a July 16 public hearing and special meeting overlapped with concerns about that same property.

Dr. Bruce Janelli’s medical office, on the corner of Route 44 and Barlow Street, abuts a home at 12 Barlow St. where the yard has been devoted to a large stockpile of firewood available for sale.

The rest of the property, and often the road, is a storage space for equipment used in a landscaping business owned by homeowner Christopher Jordano. Barlow Street intersects at an angle to Route 44, making the firewood and equipment highly visible from the main road.

Janelli told the P&Z he has submitted a letter to the Board of Selectmen and the assessor on behalf of himself and numerous Barlow Street residents seeking a reduction in property taxes.

“The issues at this property are causing property values on the rest of the street to be depressed,� Janelli said. “We are asking this mostly to prompt P&Z to come back and look at the issue. I understand the circumstances with the court ruling, but there are other issues there that need to be looked at, such as health and safety.�

Janelli said he is not criticizing P&Z members personally, but said the problem persists because of “the lack of the town to aggressively deal with the situation.�

He said that while his intent is not to put Jordano out of business, “there is not a working day people don’t come into my office and comment on the condition there. It reflects on the entire town.�

First Selectman Douglas Humes said he was arranging a meeting with Janelli and the town attorney. A survey is underway to determine if the highway right-of-way is being encroached upon.

A complaint was also raised about equipment being operated in the street and whether that creates a safety issue that should be reported to the police, Humes said.

The gist of the court case that Janelli referred to: The town was attempting to stop commercial operations at the Barlow Street property, saying a special permit application had never been filed. The judge ruled that the operation of a landscaping business is not specifically  listed in the zoning regulations table of uses, so it is automatically allowed in the residential district.

The recent change in the zoning rules seeks to close that and any other loophole by making any home occupation or cottage industry require a special permit. Each case could then be considered individually.

Home occupation industries were previously permitted in all zones. Those are uses that are secondary to a residential use, such as an accountant who works out of a home office.

A cottage industry is defined as a business that makes a product on site, but does not sell it there. That use was already prohibited in residential zones, and will remain so. In all other zones, a special permit will be needed.

With those controls in place, business equipment may be assessed and taxed, depending on the situation, Zoning Enforcement Officer Karl Nilsen said.

Also addressed were regulations governing accessory apartments. P&Z has long been looking for an enforceable way to regulate them. A change approved at the special meeting allows apartments that are secondary to a main residence in the residential and residential/agricultural zones only. A special permit is required. They would be subject to size restrictions, as well as sanitary requirements set by the health department.

North Canaan’s zones include residential, residential/agricultural, central business, commercial and industrial.