Exhaustive special P&Z meeting resolves three open cases

NORTH CANAAN — Three special permits were approved at a special meeting of the Planning and Zoning Commission (P&Z) Oct. 22.

It was a unique assortment of uses and issues that presented some challenges for P&Z, after each application saw months of procedural activity. Even as they all reached the public hearing, coincidentally at the same time, it was not without an unusual glitch. Public hearings planned for Oct. 9 were delayed when the required legal ad did not make a daily newspaper.

Approved at a special meeting that had been called so the applications wouldn’t be delayed further, was a permit for an existing home occupation; the subdivision of a large piece of property; and the elimination of an age restriction at a struggling condominium under development.

 Blackberry River Commons

The latter is a much-debated legal point for Blackberry River Commons, where only one of a potential 21 homes on 10 acres off West Main Street is occupied.

The developers first proposed the amendment to their special permit about two years ago, saying the market had changed and interest in the condos was coming from those a little younger than 55, the age minimum allowed there.

The goal was to restrict children from occupying the homes situated next to the sewer treatment plant. It was a much-debated subject, with officials of the Canaan Fire District and others expressing safety concerns during the original permitting process. Others noted children have long crossed the property to access a path down to a “swimming hole” on the Blackberry River, with no apparent interest taken in the plant.

Attorney Peter Ebersol, representing the developer, said it doesn’t seem possible it has been six years since P&Z approved a special permit, except maybe for the developers who have been trying to sell homes there. He spoke of the economy and changing market conditions. Ebersol stressed that the 55-plus restriction was not a condition of special permit approval, but was offered by the developer to alleviate concerns about safety for children there.

P&Z members have not been clear on that point, and sought an opinion from Town Attorney Judith Dixon, who did not dispute the amendment as proposed by the developer, who is also offering to install a crosswalk and signage on West Main Street as a safety measure.

Ebersol noted there were two points to address: eliminating the age requirement, and a concern raised by P&Z that the developer might rent out property directly.

Developer William Weingart said they understand the issues of renters versus ownership, which can result in lower standards of property maintenance. He said a homeowners association would eventually be established and the site would be monitored for standards of upkeep.

But neighbor Jeannette O’Leary spoke of a property she sees as in decline, with mounds of dirt, weeds, an old building with a broken window and grass mowed less frequently.

“It’s bringing property values down,” O’Leary said. “I’m totally opposed to the changes, but would like to see something done so it doesn’t become just vacant property.”

Ebersol responded that selling homes is the answer, and that can be accomplished with the proposed changes.

Weingart said they will address the maintenance concerns, adding, “We’re trying our best and paying our bills.”

The developer has a construction bond, recently reduced now that most of the infrastructure work is done, in place to address the completion of roads and sidewalks.

Currently, there are three, unoccupied model houses and one occupied home at the far end of the developed portion of the property. Residents Lance and Ann Beizer both spoke passionately about their desire for neighbors and to see Blackberry River Commons become the thriving community it has the potential to be.

They like the idea of the design allowing them a better opportunity to live out their lives there.

“We support action by P&Z in order to create opportunities for people to buy,” Lance Beizer said.

He also raised a complex issue of preferring to have neighbors who own, while not restricting owners from renting out their homes. That latter is an option, at least short term, for people who find themselves having to move to assisted living.

That whole aspect was quickly resolved by Zoning Enforcement Officer Ruth Mulcahy, who asked Ebersol’s opinion, and said that P&Z has no authority to make restrictions regarding the selling or renting of property, and that any such restrictions would be a matter for the homeowners  association.

During later discussion by the commission, member Dan Adam made a motion to table action until the November meeting, to allow more time to consider the matter in light of concerns raised by neighbors. There was no second.

A motion to follow the advice of the town attorney and eliminate the age restriction was approved by a vote of 4 to 1, with Adam the dissenting vote.

 Art studio

A home occupation permit issued for Joey Sage Jablonski at 84 Trescott Hill Road appears to be the end of a saga of neighbors sorting out differences.

It began more than a year ago when acreage owned by Mary Ann Marschat, which adjoins property owned by Bernard Re, was leased to the Sebben family. The Sebbens live across the road. They cleared the land and made changes within wetlands.

Re protested the habitat impacts in a complaint to the Inland Wetlands Commission. Things came to a head during a physical confrontation this past June when Re tried to stop a new leasee, farmer Richard Segalla, from plowing the property for a cornfield.  

A week later, Inland Wetlands members determined the agricultural use is allowed and no permit was needed.

Less than two weeks after that, Joseph Sebben filed a complaint with P&Z about parking concerns related to the pottery studio at the home of Jablonski and Re, where she conducts classes.

When prompted to make a statement at the hearing opening this month, Jablonski said she registered her business, Funkware Pottery, with the town in 2008, but was not told she needed a zoning permit.

Mulcahy said the couple provided a property survey and other documents supporting sufficient parking for the home occupation use.

During later discussion by P&Z, Mulcahy explained the standard conditions for a home occupation under North Canaan zoning regulations require full cutoff exterior lighting, no outside storage of equipment and no retail sales, other than what is produced on site.

She added that the photo of vehicles parked on neighboring property, submitted as part of the complaint, was actually part of a regional open studio tour, and is not indicative of what happens when pottery classes are in session.

She assured commissioners there were no potential nuisances regarding the uses there.

A vote to approve the home occupation permit with the standard conditions was unanimously approved.

 Moses Mead Road

A subdivision by brothers Jared and Kurt Riva for a more-than 29-acre property they inherited on Moses Mead Road seemed pretty straight forward, with an even split and plenty of frontage and developable area.

Jared Riva presented the plan during the public hearing. One neighbor appeared with concerns about the potential impact on his septic system, which were satisfied by a look at a map.

Concerns were also expressed regarding the potential for a large number of homes. Mulcahy said she expects to see another subdivision application follow, but that it would be up for separate consideration.

What prompted a lengthy discussion was a 15 percent open space regulation that is part of local zoning rules.

It quickly became apparent that P&Z needed to take some time to review and create a goal for the regulation before implementing it. The regulation has not yet been applied to an application here.

Surrounding towns have procedures in place and have identified areas that are desirable to be maintained as open space. Those properties are usually not developable anyway. Some have also adopted an ordinance to collect a fee in lieu of open space, to be used to purchase conservation or recreational land.

Adam asked if an inheritance tax had been paid on the property. Although that has nothing to do with the town, it opened up an odd discussion about taking land from an owner who has already paid a tax to own it.

While Tim Abbott, who is a land conservation expert, tried to discuss what P&Z’s preferences should be regarding this part of its regulations, Norman Tatsapaugh said, in a raised voice, “It’s just a subdivision. It’s been going on since May, and if I was them I’d sue you all. Give the man the subdivision. Enough is enough.”

The subdivision was approved unanimously and Abbott called for a future review of open space regulations.