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The developer for the proposed Sterling Ridge condo project in the heart of town has requested and received a town permit to begin building the 2007 project after it became apparent that revised plans would not be approved. Although a permit was issued, an appeal has been filed claiming that the 2007 plan expired. The appeal stops the developer — -for the time being.
The property in question is a 3.45 acre lot at 26 Cherry Hill Road located between Route 1 and Main Street. (see wooded area in photo above) It is part of the Canoe Brook Historic District which is on the National Register of Historic Places. Developer Alan Genn of Greenwich purchased the property in 2014 through his 26 Cherry Hill LLC corporation for $500,000.
Ann Trapasso, whose property is adjacent to the site, filed an appeal through her attorney, Christopher Smith of Shipman & Goodwin in Hartford. A public hearing before the Zoning Board of Appeals (ZBA) has been scheduled Nov. 17 at 7 p.m. at the Canoe Brook Senior Center.
Town Attorney Does Not Deliver Legal Opinion
Town attorney Bill Aniskovich told the Planning and Zoning (P&Z) Commission in early September that the question of expiration was complicated and research was not complete. The developer later withdrew his application to revise the plans, and subsequently sought and obtained a permit to build the earlier plan. He was about to take down trees but the Trapasso appeal stopped him.
In a letter to the ZBA, attorney Smith claims the 2007 plan has expired—a claim he stated at previous public hearing sessions regarding the proposal to revise the plans.
Neither Aniskovich nor Smith returned calls requesting comment on the permit appeal.
Town Planner Harry Smith told the Eagle that the developer was going to start clearing the land after receiving the permit for the 2007 plan. He said the neighbor’s appeal stops any work at the site until the issue is resolved.
Zoning Enforcement Officer Jennifer Acquino, who issued the permit, said she could not discuss issues since the matter is under appeal.
Trapasso told the Eagle: “Before they begin cutting down trees, we want more legal clarification.”
Plans, Plans, Plans
Several different owners have proposed several development plans for Sterling Ridge over the past 12 years. P&Z approved a plan in 2005, but an appeal was filed by Trapasso and the Branford Historical Society. The historic Harrison House is also adjacent to the site. A settlement agreement was reached and the P&Z approved modified plans on Feb. 1, 2007.
The recent P&Z public hearings involved a request by Genn to revise the Planned Development District (PDD) that was approved in 2007. Genn’s revised plans called for construction of three buildings on the southern half of the property, totaling 12 condos; plus the existing home on the northern half of the property.
Diana Stricker Photo
Numerous residents and members of the Historical Society spoke in opposition to the proposed plan revisions at recent public hearings. Pictured above is Trapasso (in the striped sweater) and attorney Smith to her left.
The 2007 plan called for 11 units across the site, including the existing house at 26 Cherry Hill Road.
Attorney Smith raised several legal issues during the hearings, including whether the plans had expired.
During a P&Z meeting Sept. 3, town attorney Aniskovich addressed two issues raised by attorney Smith, but he told the commission that the expiration question raised by Smith “is a much more complicated legal issue,” and the research wasn’t complete on that point. “There’s not going to be an answer, there’s going to be an opinion,” he said. Click here to read that story
The third issue raised by attorney Smith questioned whether the plans had expired, and therefore could not be modified. During the public hearing, attorney Smith said he believed the plans approved by P&Z in 2007 expired since construction was not completed in 5 years, and no extensions were requested. He said he believed the project does not fall under state legislation approved in 2011 that extended deadlines for projects. Click here to read about the July hearing
Bernard Pellegrino, a land use attorney who represents the developer, told the commission at a previous hearing that he believes the permit is still valid.We relied on that in purchasing the property,” he said at the time. “Our position has been and continues to be that the permit was still valid.” Click here to read that story.
The legislation in question is Public Act 11-5, which was approved by the state legislature and signed by the governor in 2011. The act extends the expiration date for small-scale site plans, subdivisions, and wetland permits that were approved before July 2011. The additional time was granted due to the economic downturn in previous years. In the case of small-scale site plans, the timeframe was increased to not less than 9 years after the approval date.
During deliberations in early September, it became clear P&Z was going to deny the request to revise the 2007 plans. The commission asked staff to draft a denial resolution that would be voted on at the next meeting. The resolution to deny was based on various factors, but did not mention the expiration issue. Just prior to the Sept. 17 meeting, the developer withdrew his request to revise the PDD. Click here to read about that meeting.
Historic Homes
The initial Sterling Ridge proposal in 2003 called for construction of condominiums in four buildings, and the demolition of the 1820 Wyllys Russell House at 162 Main St. and the 1928 McCabe House at 26 Cherry Hill Road.
Martha Bradshaw and Trapasso, both members of the Branford Historical Society, spearheaded a campaign in 2003 to save the Russell House. The women presented a petition with more than 600 signatures to the Connecticut Historic Preservation Council in Hartford.
The Wyllys Russell House was eventually divided from the property, and was sold in 2009 to Mike Milles, who restored the building. Click here to read a story about that.
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