New date for Blackberry River hearing is July 21

NORTH CANAAN — A public hearing on a proposed change to a special permit for Blackberry River Commons has been postponed until July 21.

The hearing was originally set for June 16, but the developer failed to send out the required notification to neighborhood property owners.

Planning and Zoning Commission (P&Z) Chairman Steven Allyn said developer William Weingart requested a new hearing date be set sooner, but the commission decided to leave it for its next regularly scheduled meeting date.

Weingart is looking to change the 55-and-over age restriction for the 21 condominiums, which were being marketed as an “active adult� community. Only one home has sold there in about three years. Weingart said that so far most of the interest in the properties has been from slightly younger potential buyers.

There was some debate between his attorney and the commission at a prior meeting as to whether the change is one P&Z must approve, or if it is a matter that can be handled by the parties involved.

Attorney Charles Ebersol argued that there were no conditions assigned to the permit as approved by P&Z. Any changes to the declaration for use of the property included with the deed should require only the approval of the parties involved — in this case, the developer and the one couple who owns a home there.

But Allyn said the approval was given for a project specifically for adults, and he said that weighed into the P&Z decision; his statement followed a consultation with the town attorney.

Canaan Fire District officials, who oversee the adjacent sewer treatment plant, have objected to the proposed change.

They said their primary concern is for potential dangers the treatment plant could pose for children who may end up living next to it.

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