Vote needed to change Blackberry age limit

NORTH CANAAN — An application to change the age restriction on the Blackberry River Commons condominiums to access a bigger buyers’ market is before the Planning and Zoning Commission (P&Z). A public hearing will be held June 16 at 7 p.m. at Town Hall.

The process started with an informal discussion in April, when developer William Weingart told P&Z there has been significant interest from buyers a bit younger than the 55-and-over age restriction. The 21 homes planned for off West Main Street are marketed as an “active adult community.� That approach has garnered only one sale in about three years.

At the May 19 P&Z meeting, attorney Charles Ebersol, who worked on the original application, requested the group be allowed to withdraw the current application. Since that meeting, Ebersol said, he has determined that the formal request was not necessary.

“To remove the age restriction from the declaration does not require Planning & Zoning approval,� Ebersol said. “There are no physical changes to the buildings. In the original approval, there were no conditions, so this is not a restriction.�

Ebersol went on to note that zoning regulations don’t address age restrictions for such communities.

He submitted a resolution signed by the developers and the owners of the one home there, approving the change. Ebersol said making internal changes to the declaration is allowed if approved by the parties involved.

Blackberry River Commons is not yet under the governance of a homeowners association. An occupancy of 80 percent is required first. In the meantime, responsibility for common interests and expenses falls to the developer.

P&Z Chairman Steven Allyn did not hesitate to deny Ebersol’s request, saying he had reviewed all the documentation, and it was clear what P&Z was considering was an active adult community. He quoted phrases such as “designed for adults 55 and over.�

Allyn said a consulting attorney for the town agreed that the project was presented as a 55-and-over development throughout the special permitting process.

He referred to a specific zoning regulation under special permitting that calls for amendments to be made with an application in the same manner as the original application. The applicant was allowed to use prior mapping to eliminate added expense.

“You need an exception to the permit,� Allyn said, “and I feel responsible to the constituents to allow them to be able to speak at a public hearing.�

Meanwhile, the Canaan Fire District, which operates the adjacent sewage treatment plant, is poised to argue against the change. CFD Warden Anthony Nania has already sent a written protest to P&Z, saying essentially they fear safety and other issues they raised with the original application will be heightened should children be allowed to live there.