Conservation Commission to vote next month on recommending fee-in-lieu for Brookwood subdivision open space

Members of the New Canaan Conservation Commission on Feb. 13 discussed a letter from the New Canaan Land Trust about open-space proposals tied to a pending Brookwood subdivision and agreed to take a formal vote at the March meeting on whether to recommend a fee in lieu of on-site, fragmented open space.

Commissioners said the subdivision’s fragmented pockets of open space would not form a continuous corridor for wildlife or public benefit. Robin Bates Mason summarized the commission’s reading of the town’s subdivision regulations and state law, saying the town’s Section 3.04 open-space requirement may be met by land dedication or “a fee in lieu of open space donation.” Bates Mason said the fee would be deposited into the town’s land acquisition fund, established by a 2017 town council ordinance.

Commissioners discussed the mechanics and limits of a fee-in-lieu under Connecticut law, noting Section 8-25 of the Connecticut General Statutes and local rules allow flexibility in how P&Z sets the fee (for example, by acreage or percentage of subdivision value) and that required appraisals must be by a Connecticut-certified MAI appraiser. The commission also noted the town’s land acquisition fund currently has a zero balance and that prior small town allocations have been leveraged with private donations to buy significant parcels in the past.

Commissioners agreed the Conservation Commission should prepare a written recommendation and send it to Planning & Zoning (P&Z) at the next P&Z meeting. The commission agreed to place a vote on next month’s Conservation Commission agenda to authorize a formal letter for P&Z public comment.

No final recommendation was made at the Feb. 13 meeting; commissioners said they would vote at the March meeting after drafting proposed language for P&Z that would explain whether a fee-in-lieu or on-site land dedication better meets town conservation goals.