No resolution from P&Z yet on Barlow Street house, woodpile

NORTH CANAAN — At a Sept. 3 Planning and Zoning Commission (P&Z) meeting, Zoning Enforcement Officer Karl Nilsen reported on a prior meeting about a Barlow Street property that has been termed an eyesore and safety hazard by neighbors and the resident state trooper.

The meeting included Town Attorney Judith Dixon and adjoining property owner Dr. Bruce Janelli.

Janelli had come to an earlier P&Z session to warn the commissioners that he and other neighbors were going to seek a reduction in property assessments if the problem was not resolved.

Of particular concern, he said, are the large stacks of firewood, offered for sale, that fill the yard at the house on 12 Barlow St. He also said the homeowner parks commercial landscaping equipment, used for  his business, on the street.

Barlow Street is residential but intersects with Route 44.

The property has long been a P&Z agenda item. After the town presented the property owner with a cease-and-desist order,the case went to Litchfield Superior Court. The judge ruled in favor of property owner Christopher Jordano, pointing out a loophole in the North Canaan zoning regulations that does not specifically preclude landscaping businesses from any zone.

The regulations have been amended since then. But Jordano’s property is grandfathered in as a non-conforming use.

Nilsen said that the town attorney will continue to look into the matter, but said there is very little that can be done beyond ordering that the woodpiles be moved out of the town right-of-way.

“He couldn’t put an industrial use, or change to something not allowed in a residential zone. Otherwise, we really cannot do anything.

“The town attorney suggested an ordinance against wood piles within x-number of feet from the road,� Nilsen said. “But it would have to apply to the whole town or nothing.�

At the Sept. 4 meeting, P&Z members briefly discussed the potential impact such an ordinance could have, noting that a large number of residents keep firewood stacked in their yards for their personal use. Nilsen noted an ordinance is a “town law,� and not the responsibility of P&Z.

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