Merritt Residences will have a major impact on an historic cemetery and many of us are concerned all safeguards have not been observed. It appears also that P&Z may not have followed required steps in allowing a zone change and reclassification of the use of cemetery plots for private development:
1. The new POMZ zone approved by the Commissionremoves eight plots from the Maple Street Cemetery --- from Apartment to POMZ zone, approved by the Commission on 11-29-16.
2. This approved zone boundary was subsequently changed and another one approved on 5-5-17. How could this change have been made without a public hearing?
3. How about reclassification of the 8 plots from cemetery use to residential use before removing them from the Apartment Zone?
4. Has the new abandoned cemetery act been considered by the Commission in repurposing these burial plots for development? Has a legal opinion been obtained in support of the Commission’s evident decision to ignore the Act?
5. Is the town attorney’s ‘factual assumption’ that there is no longer an existing easement to the cemetery from Maple St. in line with current Connecticut legal opinion on extinguishing long standing easements?
6. Practical concerns which depend on establishing a correct zone boundary along the side yard next to the cemetery need documenting:
FAR ratios and building coverage required on applications and permits is missing.
Placement of heavy equipment within the 25’ setback along the side yard abutting the burial ground (transformer, generator, HVAC equipment not on the roof, portions of retaining walls, garage air vents, concrete water wells and spreader, gas meter, lamp posts, and an underground garage “El” extending into the setback close to acknowledgedburials) has not been consolidated on a single Site Plan.
Needed modifications to the current Site Plan? A landscape plan? 10’ buffers? Placement of utilities? Location of fencing for the burial ground perExhibits #9 and #10 as approved? Scheduledprotection for the cemetery during excavations?Attractive fencing to set of this historic cemetery offfrom neighboring development? A decision by the Town as to who owns the tax exempt burial ground and will be responsible for future care?
Information in response to these questions should beavailable to the public in Land Use Department files based on Planning & Zoning Commission approvals. Land Use Department hours are 8:30 to 3:30 PM.
CiTIZENS FOR NEW CANAAN