By Thane Grauel

WESTPORT — A plan to re-subdivide a parcel off Sylvan Road North had a bumpy hearing Monday before the Planning and Zoning Commission.

The application was withdrawn, and is expected to be refiled, after it became clear commission members had too many unanswered questions to close the public hearing on its last possible day.

Several neighbors had written to the commission with concerns about the addition of a second driveway just feet from the private road Sylvan Farms Lane.

The property is owned by Sazes Partners, L.P. The application was filed in January and the public hearing opened, but it was continued several months without testimony, before Monday.

The plan is to divide the 3-acre lot at No. 50 into two lots, retaining the 11,000-square-foot estate built in 1920 and adding a new house, No. 52, and another driveway.

But one night of discussion for the public hearing was not enough to sort out the concerns of neighbors, and those raised by some commission members.

Member Neil Cohn had questions about the fee in lieu of open space, under the subdivision regulations.

Member Nicole Laskin said there’d been discussion that the two driveways could perhaps be combined.

Rick Benson, with a sketchy connection in the Zoom meeting from halfway around the world, answered what he could.

There were concerns from neighbors about sightlines with an added driveway near an existing one, and a stone wall along Sylvan Farms Lane.

Benson said it appeared that wall was partly in the town right-of-way, and then split between Sylvan Farms Lane and 50 Sylvan Road North.

“The property line is down the middle of the stone wall so I have the right to take down the wall where it intersects Sylvan Farms Lane, but I am willing, and what the plans suggest we do, is take off a total of two feet at the end of the intersection, most of which is my wall, not their wall, and then taper it back a few feet.”

“I am willing to do that at our expense,” he said.

“I’m wondering why the rear property can’t pick up an entrance off the side street,” member Michael Calise said.

“That side street is a private road,” said Jackie Kaufman, a lawyer for the applicant. “Not a public road.”

“I would think that it would be possible to negotiate an entrance off that side street,” Calise said. “You’ve got pretty much an unsafe situation here, you’ve got three curb cuts in a very short distance.”

“I look at this and I don’t see it as a safe situation, I think it’s asking for trouble,” Calise said. “I know one of the commissioners mentioned the possibility of putting the two driveways together but I would think the more prudent thing would be to negotiate something with the Sylvan [Farms] property owners. It’s been done time and time and time again.”

“I would say this layout has been reviewed and redesigned since its initial submission and meets all of the requirements of both the subdivision regulations, the zoning regulations, and also passes review by police, fire and engineering,” Kaufman said.

Planning and Zoning Director Mary Young, addressing the idea of tying into the private road, said subdivision regulations limit the number of lots that can be serviced by a narrow road.

“Since they own the land that the road is on leading to the back house, and since that’s not counted in the lot size, they could contribute it to the width of the roadway to the extent that it would allow more than three houses,” Calise said.

“I just see more than one solution here, and I’m extremely concerned about the safety aspect,” he said. “One solution would be to merge the two driveways, another solution would be to modify the road width of Sylvan [Farms] Lane and work on an agreement with the neighbors.”

Commission Chairman Paul Lebowitz said it wasn’t the first time the body had encountered dual driveways.

“This is the first time I’ve seen a dual driveway and a road,” he said. “So, it kind of compounds it even further.”

He said he appreciated the offer to scale back the stone wall, and that the latest version of the plan might fit engineering standards, but noted, “Our sightline regulations might not actually take this scenario — where it’s two driveways and a private road — into consideration.”

Representative Town Meeting member Mike Perry, District 2, had questions as well. He took issue with Benson’s statement that it was a straightforward proposition.

“We know that it’s anything but,” he said, mentioning drainage issues on the property and noting the town engineer’s final signoff was based on applicant information.

“The addition of a second driveway aggravates a dangerous traffic situation on Sylvan Road North,” Perry said.

“This clearly is a very tight space leaving absolutely no room for margin …,” he said. “Why are we willing to jeopardize the safety and well-being of our neighbors in order to allow a developer to build another McMansion?” Perry asked.

Timothy Herbst, a lawyer hired by an abutting neighbor, also spoke. He said the applicant had the right to bring in experts to testify, but his client should be afforded a chance to cross examine those opinions.

“I don’t see practically how that’s going to be able to happen given the fact that it’s 11:37, we have nine days left before this expires, your next meeting is June 3,” he said.

“… We’re not opposed to a subdivision, what we’re opposed to is the curb cuts as presently delineated on the site plan that is before you this evening,” Herbst said.

Kaufman, out of contact with Benson, said she’d make the decision to withdraw the plan, with the intention of refiling soon.

Thane Grauel grew up in Westport and has been a journalist in Fairfield County and beyond for 36 years. Reach him at editor@westportjournal.com. Learn more about us here.