Blackberry River Commons seeks change in age limit

NORTH CANAAN — William Weingart, who co-owns Blackberry River Commons off West Main Street, came to the Planning and Zoning Commission April 21 to informally discuss a proposal to remove the 55-and-over age restriction that is part of the project’s special permit.

In the three years since the built-to-order homes went on the market, only one of the 21 planned there has been sold and built. The 10.25-acre property includes two private roads, three model homes, acreage devoted to open space — and a wealth of empty lots.

“We have been approached by a lot of people in their late 40s and early 50s who are interested. We would like to pursue selling to them,� Weingart told the commission. “There would be no other changes. The roads are private and there would be a homeowners association to take care of everything, such as landscaping and plowing. Everything there would remain independent of the town.

“It’s frustrating with the economy the way it is, and that the interest is close to age 55, but not there yet.�

Planning and Zoning member Peter Brown asked why the age restriction was imposed in the first place.

Weingart said the idea initiated with the developers.

“There were several similar developments being built around the state at that time. They were selling very well.�

Major obstacles came in the way of an out-of-control housing market and then Hurricane Katrina, which sent the price of building materials soaring.

The condos were scaled back in size, but the price tags of about $370,000 were steep in comparison to other North Canaan homes.

Weingart said his group plans to drop the prices a bit in another bid to attract buyers.

Potentially factoring in is the proximity of the sewer treatment plant, operated by the Canaan Fire District on property accessed by a right-of-way over a Blackberry River Commons road. It is visible from the model homes.

Fire District officials had a hand in creating the conditions of the special permit, making sure there were requirements for buffering to avoid issues of noise and odor for condo residents. They also made sure some land was reserved for a plant expansion that may be necessary in the future.

In a lengthy letter read into the record at the Planning and Zoning meeting last week, Fire District Warden Anthony Nania expressed his executive board’s concern that children might be allowed to live next to the plant, which shares a driveway with the development.

Nania wrote that the sewer plant, with its open tanks, ladders and moving equipment, “will potentially become a lethal attraction for children.�

He also alleged the developer has yet to comply with buffering requirements, claiming no plantings were put in as agreed upon and an installed berm is unsatisfactory.

Permitting was sought by former property owners David and Nancy Soper, who sold the developable land to Blackberry River Commons LLC, with a listed address as that of Weingart’s Torrington home.

Lance and Ann Beizer, the only residents at Blackberry River Commons, came to the meeting in support of the change. They said they love living there and are not opposed to changing the age restriction.

As advised by Planning and Zoning, Weingart plans to file an application to amend the special permit in time for the May 19 meeting. Once the application is deemed complete, a public hearing date will be set.