White Barn attorney rebuts Save Cranbury’s claim that developer is not 
following law


NORWALK – Save Cranbury spokeswoman Celia Maddox said recently that New Canaan developer Jim Fieber is not following a new state law that affects his development plans for the White Barn property.

“Our request for Jim Fieber is simple: Follow the law. Modify your plans to comply with state law regarding taxpayer-funded open space,” Maddox said.

But Fieber’s attorney, Elizabeth

Suchy, said in an email response to NancyOnNorwalk that Fieber is, indeed, in compliance and that Save Cranbury’s facts are wrong.

The law in question, Senate Bill 1502, section 481, was sponsored by Senate Majority Leader Bob Duff and signed into law June 30. It bars conservation land paid for with state dollars from being counted toward open space requirements for conservation developments. The new law applies to all proposals that have not yet been ruled upon by local regulatory bodies,” which includes the Special Properties II LLC proposal,” Maddox said.

“The developer’s current proposal for 15 homes on 5 acres fails to comply with SB 1502 because it continues to count taxpayer-funded conservation land towards the open space requirement,” Maddox said.

“The letter of the law and the intent of the law are quite clear: taxpayer-purchased open space cannot be used to fulfill requirements for cluster developments,” said Duff. “The White Barn property is a community treasure and preserving it protects the character of our community.”

Maddox said in her release that Fieber originally submitted a 21-home proposal for the White Barn Preserve, only to withdraw the plan after Norwalk’s Corporation Counsel ruled that the developer’s density calculation inappropriately counted the taxpayer-funded White Barn Preserve as new open space. The Fieber group was paid $700,000 for a 5.5-acre easement on which the Norwalk Land Trust and the City of Norwalk established the White Barn Preserve in 2008.

“It is irresponsible and unfair for Fieber to accept $700,000 of taxpayer money to create the White Barn Preserve, only to harm the Preserve by building 15 houses less than 30 feet away,” Maddox added.

Suchy said current proposal does not include the 5.1 acres encumbered by the conservation easement.

“The application does not propose any changes or modifications to the language of the easement or the configuration of the land described in the easement document. The applicant’s plan fully and completely respects the specific language of the easement.

“To clarify,” she continued, “state funds were used for the acquisition of the conservation easement (Area A) only. The link confirms that $450,000 was used to purchase the 5.1-acre Conservation Easement Area A only. No state funds were used to purchase the conservation restriction (Area B) for the 0.445 acres. The specific language in this restriction permits the applicant to include this acreage to calculate density. However, the applicant has not proposed any changes or modifications to the language of this easement or its configuration.

“The developer must comply with the law. As a responsible builder and neighbor to the community, he should also comply with the long-established DEEP recommendation of a 100-foot setback from an environmentally sensitive area,” Maddox said. “Both Save Cranbury and the Norwalk Land Trust oppose the construction of 15 houses so close to the White Barn Preserve.”

The Conservation Commission will continue a public hearing on the proposal at 7 p.m. Tuesday, July 14, in the Norwalk City Hall Community Room.

A July 15 Zoning Commission hearing to consider the proposal has been postponed.