Chairman's View: Honing Our Zoning (New Canaan Advertiser May 23, 2019)

Chairman’s View: Honing our zoning

MAY 23, 2019 BY NEW CANAAN TOWN COUNCIL CHAIRMAN JOHN ENGEL

In 1982, New Canaan matriarch Mabel Lamb is quoted in The New York Times as saying, “There are two reasons why people want to live in New Canaan — zoning and schools.” We talk a good deal about schools, but zoning regulation has equal impact on the character and economics of our town.

The Planning & Zoning Commission asked me to speak at its meeting Tuesday, May 28. It caused me to reflect. They might be New Canaan’s hardest working board, with meetings that can last till midnight. When they deliberate on a high-profile project like the Roger Sherman or Merritt Village, it is a major televised event and the room is full to overflowing. Clearly, zoning and its proper enforcement is of interest to us all and a most important function of our town government. They are the first line of defense of our property values.

It has been 12 years since we rewrote our zoning regulations. In 2007, we recognized that something of New Canaan’s character was being lost as boxy McMansions replaced diminutive antiques. If we couldn’t slow progress, we could certainly point her in the right direction. In that 2007 rewrite we added concepts like “loom factor” and made front porches popular again by exempting them from building coverage. The effect of those rules was a better and more varied architecture.

In 2014, we had the foresight to adopt the Plan of Conservation and Development. That document, born of much civic soul-searching, articulates in land-use terms what is important to our community: a healthy downtown, adequate commuter and retail parking, open space, walkability and sidewalks, more senior housing, more affordable housing and so on. More importantly, we formed a POCD Implementation Committee that takes action on the principles of the Plan of Conservation and Development, writing new regulations as necessary. Recent deliberations include sidewalk sandwich board displays in the downtown and Airbnb restrictions.

To keep up with changing times and new demands P&Z has amended the 2007 regulations 46 times, often amending the amendment. Applicants author many of these text changes for the commission out of self-interest. Text changes are becoming the rule, not the exception. If you can’t get a variance, then ask for a special permit. We color outside the lines so often that the original guidelines may become indistinct. As soon as we finish one amendment, we take up the next, a pattern of constant revision. But is revision progress?

Rewrite the zoning regulations. Take the current regulations, the 46 amendments, the principles of the Plan of Conservation and Development and the collective experience of the current board, hire some experts to guide you, and write the regulations for the next 20 years.

We have a conversation about our schools every year during budget season. But there is no annual public review of Planning & Zoning, no periodic event that causes us to ask ourselves if we are getting it right. Bad zoning can have a lasting negative impact. We need to be writing the next set of good zoning laws that reflect the needs of our changing community well into the future.

John Engel is chairman of the Town Council. Chairman’s View expresses the opinions of the chairman and not necessarily any other member of the Town Council.

Chairman's View: Spoiler Alert (April 11, 2019)

Chairman’s View: Spoiler alert

APRIL 11, 2019 BY JOHN ENGEL, CHAIRMAN, TOWN COUNCIL

Spoiler alert: I really like New Canaan’s prospects.

Here are five observations taken from the revaluation, the Town budget, the State election, and the first quarter real estate sales. There is a happy ending.

1. The uncertainty coming from Hartford is probably worse than anything Hartford will actually do to us. We accept a certain amount of pain is coming and we adjust. But when house-hunters from New York say, “I heard the New Canaan train is going away” or “What’s going on with your schools?” we know the headlines are worse than the reality will ever be.

2. New Canaan government is working leaner and smarter. Our budget went down .43%, the greatest cut in a decade, while improving services. We built new playgrounds, turf fields and gas lines while putting solar on town roofs. Our roads will be new, and our schools will remain No. 1. Town Hall will sell antique buildings and find a way to co-invest in the world-class library our residents want. Progress is being made on parking, senior and affordable housing and improved cell service. It’s a great time to live right here.

3. The Waveny Conservancy, Land Trust, Library and Athletic Foundation are examples of the high-energy volunteer organizations we have in New Canaan restoring treasures like Waveny Pond with donations, paying it forward.

4. New Canaan real estate is stable. First quarter house sales are up 20 percent with average prices in the $1.3 millions, (same as 2012-13 and same as Darien). New Canaan is drawing buyers out of Westchester and New York City. (If we speed up the trains, wow, the landscape shifts more dramatically in our favor.) Why is the market recovering from the bottom-up? Because 75 million Baby Boomers are trying to sell their houses to 66 million GenXers (like me, late 30s to early 50s), and there are just not enough of us. Be patient. There are 83 million Millennials (23 to 38 years old) who are starting to discover that Texas and San Francisco are expensive. They have to live somewhere. Why not here? We are downright cheap.

5. New Canaan’s downtown is healthy with less than a 5 perent vacancy rate. A few years ago vacancies were lower and rents unaffordable. Rents are attractive again. P&Z and the new Tourism & Economic Development Committee are responding to changes in the market, giving us the flexibility New Canaan needs to compete in a changing retail environment. Developers respond with exciting new projects all over town. The Grand List is growing again. Consider the new developments built or planned for downtown: Pine Street Concessions, Oxygen, The Merritt Village, a new Post Office, a new Merrill Lynch, new mixed-use on Forest, Locust, Cross and Vitti streets. Soon look to the corner of South and Elm and for more development on Pine Street to keep the next station to heaven vibrant.

Change is hard. For a town of steady habits that fears change New Canaan is adapting well, improving in so many ways, poised to compete for the next decade and beyond.

John Engel is chairman of the Town Council. Chairman’s View represents the views of the chairman and not necessarily any other council members.

Letter to the Editor: Second Opinion Needed on Reval (March 7, 2019)

Letter: Second opinion needed on reval

MARCH 7, 2019 BY LASZLO PAPP 

Editor, Advertiser:

In his biweekly column in the Advertiser, Chairman John Engel suggested that nothing is wrong with the condo revaluation, but rather he questions if our zoning laws “adequately address an affordable condominium solution.” Having more than 30 years of involvement with our zoning laws, I can state that the Planning & Zoning Commission did and does exactly that. If I may go back a few years: In the 1970s P&Z noticed that the two-family zone does not satisfy the needs and requirements of the citizens. We introduced a cluster zoning, called “Alternate Development” which than evolved into multifamily, later also to apartment zoning. This was the very first “condo” zoning in the area, later followed by other towns.

Back to Mr. Engel’s argument that “the current revaluation is accurate”. He quotes valid statistics that 2018 condos sold for $417 per foot,versus $420 per foot five years ago. This means that in 5 years average condo prices went down 1% and not up 8% to 10% as the revaluation stated. This is very close to the real estate report that the average condo sales price of $ 807,604 in 2014 went down to $ 778,962 in 2018. This proves that the condo revaluation is anything but “accurate.”

What we need is a “second opinion” for a fair condominium valuation!

Laszlo Papp

Chairman’s View: Expect a High-Density Development on Pine Street, column for July 12, 2018

Chairman’s View: Expect a high-density development on Pine Street

JULY 12, 2018 BY JOHN ENGEL

By John Engel

Town Council Chairman

The Beval Saddlery building at 50 Pine Street and two adjacent brick buildings may have been sold to a developer.

My purpose is not to report on a rumor. But, if it has not sold then it will likely sell in the not-too-distant future. Don’t be surprised. It is logical to expect the eventual buyers to propose another high-density development in this location. 

There will be hand-wringing about the changing character of our town. What is the best use for Pine Street? Some say New Canaan’s “Magic Circle” loses its magic every time it is diluted by the addition of storefronts on Pine, Grove, Cross and Vitti streets. Others say we must evolve, and new, dense development is consistent with the POCD (Plan of Conservation and Development) and adds to the tax base in a way that makes New Canaan a more complete shopping and dining destination.

Both are correct. I would suggest that we talk about what healthy change looks like in our downtown instead of simply opposing whatever represents change. It is good to remember that we are unlikely to solve any perceived current issues (not enough variety in housing stock, not enough senior-friendly housing, too many retail vacancies, etc.) unless we are willing to consider changing what we currently permit.

Two residents, each in town for at least three generations, stopped me last week with diametrically opposed opinions on whether the Merritt Village project is good for New Canaan. 110 condominiums in 4 buildings on 3.5 acres. One of them cited its consistency with our POCD’s intention to encourage senior-friendly housing within walking distance of train and town.  The other said it was too dense, too ugly, and not in keeping with the character of our town.

The three Pine Street lots represent nearly two acres in the BUS-A zone. Our assessor appraises them for nearly $12 million, currently $140,576 in property taxes. Therefore, there is a good chance that we will see a proposal for development that spans all three lots, is built to the height limit of 40 feet, possibly with parking underneath to maximize building size and make use of the slope. While this should clearly raise the taxable value of the property, do we want more dense housing, possibly senior or workforce housing, maybe mixed-use with retail on the bottom at that location? 

One difference: we won’t see the 8-30g threat as a retaliatory tactic by developers who don’t get their way with Planning and Zoning. New Canaan has been working on a multi-phase plan that already exempts us from the 8-30g threat for the next three years and will hopefully lead to up to eight additional years.

50, 58 and 70 Pine have style. They do not loom. They are set back from the road with green space in front. The parking is hidden. The old bricks are warm with character. 

Almost anything new is better than a vacant building, but, please, let’s actively try to encourage the most benefit for the Town as a whole from these unique buildings.

Chairman’s View: Support a Ban on House ‘For Sale’ Signs on MAY 8, 2018

Chairman’s View: Support a ban on house ‘for sale’ signs

MAY 8, 2018 BY NEW CANAAN ADVERTISER

The overwhelming majority of New Canaan citizens want to eliminate real estate signs. In a recent poll at the Advertiser Coffee 95% support a ban. They are a blight on our town. The signs would be gone except for the fact that every year a few Realtors object because it is a cheap form of advertising. 

Remember, we are residents first and Realtors second. We want our town to look beautiful, not like a town-wide tag sale. These signs cheapen New Canaan. If we act like our real estate is at a premium then maybe people will begin to regard it that way.

Greenwich and Tokeneke are our high-end sisters that prove the ban works. Greenwich P&Z regulations, section 6-163 (b) prohibits signs that “Direct attention to a business, product, service or other commercial activity, offered or existing elsewhere than on the premises where such sign is displayed.” New Canaan banned commercial signs with the exception of real estate. Nancy Healy, president of the Greenwich Board of Realtors when they enacted their sign ban said, “If New Canaan is going to make this step they’ll find out … it’s a good thing. It took the clutter off our streets. We are used to it now.”

Why now? What has changed? We have more houses on the market than ever before. In March 2008 New Canaan had 155 houses on the market. Ten years later we have 266 houses on the market, up 42%. That’s not the worst of it. The busiest time of the year for signs is coming up. Expect 358 for sale signs this June. That’s over 5% of the whole town. Nationally, houses sell on average in three weeks. In New Canaan some signs stay up for years, a semi-permanent scar. Signs are harming our ability to sell some streets in this town. Buyers now say, “What’s wrong with this street, why is everything on it for sale?”

The New Canaan Board of Realtors is considering the question. Board President Janis Hennessy absolutely supports the ban. Former presidents Joe Scozzafava and Becky Walsh agree we should take down the signs. Past President Arlene Bubbico disagrees, citing the national statistic that 7% of purchases come from signs. However, those statistics reveal 99% of Millennials and 89% of Boomers search online.

The first selectman supports the ban. We Town government leaders want the support of the Board of Realtors before either taking it to Planning and Zoning for a text change or to the Town Council for an ordinance. 

If you want to take back your town and enhance our real estate values then join me in supporting the ban. Call a Realtor and tell them it’s OK to take down the signs.

— John Engel is chairman of the New Canaan Town Council.