Planning and Zoning approves 9‑lot Brookwood Lane subdivision after wetlands sign‑off, despite neighbors' traffic concerns

The New Canaan Planning and Zoning Commission approved a nine‑lot subdivision at 82 Brookwood Lane on April 10, voting 6‑3 to accept the applicant’s revised plan dated April 9, 2025, and attaching conditions requiring wetlands permit compliance, conservation‑easement language, a homeowners association for ongoing maintenance, and fire‑protection infrastructure to fire marshal standards.

The decision follows unanimous approval of related work by the Inland Wetlands Commission and more than two hours of public comment and commissioner deliberation focused on sight lines at the Brookwood–Country Club intersection, the scope of proposed open space and conservation easements, and protections for wetlands and drainage.

Amy Zapotakis, attorney for the applicant Brookwood Hills LLC, told the commission the proposal subdivides roughly 31.793 acres into nine single‑family lots ranging from about 2.155 to 4.79 acres. She said all lots exceed the 2‑acre zoning minimum and that the project includes more than the required open space and “substantial wetlands remediation,” including daylighting a piped wetland channel and adding both a 2‑acre open‑space parcel and about 1.2 acres of conservation easement in the applicant’s earlier plan.

Resident Spencer Grimes, an intervener, described the Brookwood–Country Club intersection as “tricky” to “treacherous” in poor visibility and said heavy construction vehicles could increase the risk. “We don't have a whole lot of confidence that this intersection can safely support a significant increase in traffic,” Grimes said, citing photos he submitted to the record. Intervener Rob Freeman said he and others are part of a group of 12 households that contributed funds to the intervention effort and urged the commission to require a traffic study under section 6.8 of the zoning regulations, which calls for a quantitative traffic analysis.

Applicant representatives and the project engineer, Len D’Andrea, said the sight‑line issues cited by residents are approximately 700 feet off the submitted property and called them an existing condition not uniquely created by the subdivision. Zapotakis noted the wetlands commission concluded the interveners “did not set forth sufficient and credible evidence” on wetlands claims and that the wetlands panel believed the proposal would improve the wetlands.

Commission discussion centered on whether the proposed open space satisfied subdivision rules for appropriateness and connectedness. Commissioners asked the applicants to submit conservation‑easement and open‑space language and debated whether a fee‑in‑lieu of open space should be solicited; the town attorney’s memo, referenced during deliberations, says the commission cannot require a fee in lieu if proposed open space complies with the regulations but may negotiate or require it if the commission determines the open space is not appropriate.

The commission also adopted a fire‑infrastructure condition after staff reported a memo from Fire Marshal Paul Payne issued the day of the hearing. The memo calls for the access road to support 75,000‑pound apparatus, a dry‑hydrant supply/discharge system sized to 1,000 gallons per minute, and a termination hydrant on Brookwood Lane at a location approved by the New Canaan Fire Department. Commissioners added a condition that “fire suppression infrastructure shall be constructed to the satisfaction of the fire marshal” and be reflected in the final plans.

Other conditions the commission attached to approval: compliance with the Inland Wetlands Commission decision (permit IW24‑43), submission of proposed conservation‑easement and open‑space language to the town for review and approval, and proof of an entity (a homeowners association or equivalent) responsible for long‑term maintenance of stormwater systems, fire‑protection easements and access lanes, and all open‑space areas, prior to the sale of the first lot. The commission also agreed to adopt the alternative plan submitted April 9, 2025, which adds a conservation easement on the west side of the property and increases the area designated as open space and protected conservation easement.

The commission denied the interveners’ petition for intervention on the narrow statutory environmental standard; the board found the interveners had not shown the subdivision was “reasonably likely to have the effect of unreasonably polluting, impairing, or destroying” public natural resources. That motion carried unanimously prior to the subdivision vote. On the subdivision, the roll call was: Dan Radman (yes), Krista Nielsen (yes), Paul Knagg (yes), Alan Swerdlow (yes), Tom Benton (yes), Eric Knowles (yes); John Kris/Kriz (no), Chris Herring (no), John Engel (no), producing a 6‑3 approval.

Interveners and neighbors urged the town to study the Brookwood–Country Club intersection separately with police or public works and noted concerns about construction‑phase truck movements; the applicant responded that planned construction work will be limited to the shared driveway, utilities, drainage and fire infrastructure and that individual house construction will require separate future permits and reviews. The New Canaan Field Club said it supports the wetlands remediation and noted interest in purchasing Lot 6 to keep that parcel out of residential development.

The subdivision approval allows the applicant to proceed to finalize conservation‑easement documents, the stormwater maintenance plan and the fire‑infrastructure design. The parties must meet the conditions before lot sales begin.