A Superior Court judge has overturned the New Canaan Planning and Zoning Commission’s denial of a proposed 93-unit affordable housing development at 17 and 23 Hill Street, ruling that the town failed to meet its burden under Connecticut’s affordable housing law. In a Feb. 6 decision issued in Hartford Land Use Court, Judge Stephen Frazza sustained the appeal filed by Hill Street-72, LLC under General Statutes § 8-30g. The court reversed the commission’s April 2023 denial of the developer’s applications for a zoning text amendment, a zone change and site plan approval.
The proposed development includes 93 apartments — 44 one-bedroom, 40 two-bedroom and nine three-bedroom units — with 28 units deed-restricted as affordable for at least 40 years.
The commission had denied the application citing concerns over fire and life safety, traffic and pedestrian safety, and environmental impacts to wetlands on the 4.76-acre site. A key issue was the project’s single 20-foot-wide access driveway and the lack of a second emergency access road.
The court noted that the development complies with the Connecticut State Building Code and Fire Safety Code. The State Fire Marshal had previously ruled that a second access road was not required. Judge Frazza found that the commission’s concerns about emergency vehicle access and residents fleeing during a fire were speculative and did not establish a “quantifiable probability” of specific harm, as required under § 8-30g.
On traffic, the court determined that projected delays at nearby intersections did not amount to a demonstrated safety hazard. Regarding wetlands, the judge ruled that the commission improperly relied on the Inland Wetlands Commission’s separate denial without independently weighing the evidence. He concluded that environmental concerns could be addressed through reasonable conditions.
