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Conservation commission backs recommending fee-in-lieu for 802 Brookwood subdivision
Summary
The New Canaan Conservation Commission voted to recommend that Planning and Zoning accept a fee-in-lieu of on-site open space for the 802 Brookwood subdivision, asking that the fee (not to exceed 10% of appraised value) be directed to the town’s land acquisition fund.
The New Canaan Conservation Commission voted March 13 to send a recommendation to the Planning and Zoning Commission that the developer of the 802 Brookwood subdivision provide a fee in lieu of the on-site open space proposed in the application.
The recommendation — confined to this specific application rather than a blanket policy change — directs Planning and Zoning to consider accepting payment to the town’s land acquisition fund instead of the fragmented on-site easements the applicant proposed. The commission voted to send the recommendation by a majority vote (tally: yes 4, no 1).
Sarah Casey, town planning staff, explained the decision-making process for subdivisions: “The final say is the planning and zoning commission.” Casey told the commission that Planning and Zoning may accept on-site open space or approve a monetary fee and that an appraiser, agreed by the developer and Planning and Zoning under state rules, would set the land value used to calculate any maximum fee.
Why this matters: Commissioners said the proposed open-space easements for 802 Brookwood are small, noncontiguous strips that, in their view, would provide little conservation or public benefit if left as home‑owner‑association‑maintained strips. Commissioner Robin Bates Mason stated during the discussion, “I’m be a strong supporter of the resolution to, include a fee in lieu of, or or to suggest recommend us fee in lieu of, the open space specifically in this particular case.”
Commission members asked staff to submit a written recommendation to Planning and Zoning before its March 25 meeting. The commission’s letter will request that Planning and Zoning consider directing a fee to the town’s land acquisition fund rather than accepting piecemeal, noncontiguous easements maintained by an HOA.
Details from the meeting: commissioners and staff discussed that the subdivision regulations (Chapter 304, Open Space) permit a fee in lieu of dedication and that the maximum fee allowed by the regulations is 10% of the appraised value of the property. Commission members said the Brookwood open space proposal totals roughly 3.2 acres but is divided into small, noncontiguous parcels that do not connect to existing town or land‑trust open space. Commissioners noted there is not a formal townwide inspection program to monitor conservation easements once recorded.
Next steps: staff will address a written recommendation to Planning and Zoning for the March 25 agenda and will copy the commission. Planning and Zoning retains the legal authority to accept or reject a fee in lieu, to set the appraiser, and to determine whether the on-site open space meets the intent of the subdivision regulations.
Votes at a glance: Conservation Commission — recommendation to Planning and Zoning that, for the specific 802 Brookwood subdivision application, Planning and Zoning consider a fee in lieu equal to up to 10% of the appraised land value to be deposited in the Land Acquisition Fund; commission vote recorded as approved by majority with one opposed.
