New Canaan Planning and Zoning Commission denied the at their June 26 special meeting and now they are facing a lawsuit.
According to town attorney Ira Bloom, Jelliff Mill, LLC. filed appeals at on June 16 to appeal the Planning and Zoning and Inland Wetland Commission’s denial of the 16-unit two-building affordable housing project at 41 and 47 Jelliff Mill road.
“It was their ,” said Planning and Zoning’s Steve Kleppin of the denial, “It’s a requirement that they obtain one and they never filed for one. I believe they felt that they didn’t need one.”
“The appeal is that the denial was unjustified,” said Tim Hollister of Shipman & Goodwin LLP., representative of Jelliff Mill, LLC. owners Cheryl and Bryan Gardiner.
According to Bloom, Inland Wetlands and Planning and Zoning will spend the next few months preparing a record of transcripts, documents and audio from public hearings to present in a case.
“The town’s position is that the commission made a reasonable, thorough, thoughtful decision based on evidence in their records,” said Bloom.
Planning and Zoning Chairman Lazlo Papp expressed his concern at the special meeting over flooding due to the site’s connection with a dam.
He stated that “it is the Commission's charge to protect health, safety and welfare of future residents, neighbors and the public at large,” and cited the testimony of Todd Ritchie, professional engineer, that part of one of the proposed buildings is in a special flood hazard area, making a floodplain management permit all the more pertinent.
Bloom says there will also be discussion as to whether or not the two separate lawsuits will be combined along with a third lawsuit filed by New Canaan’s Peter Wray.
Bickford Lane resident Pete Wray opposed the project, but is still filing a lawsuit against the town for rejecting his intervention, which focused on .
There are no dates yet available for the next hearing.