Preservationists’ appeal could derail library project
NEW CANAAN — A controversial library expansion project years in the making that is finally about to break ground could be derailed by a lawsuit filed by the New Canaan Preservation Alliance.
The alliance has filed an appeal in state Superior Court to overturn the town’s Planning and Zoning Commission’s approval of the library project. While the alliance is focused on saving the 1913 library structure, its appeal could overturn the entire $38.5 million project.
According to the lawsuit, the alliance
seeking the court to “enter an order finding the commission’s action in issuing the approval to be unlawful and null and void, and directing the commission to deny the applications.”
“There is no other way to interpret that,” said Lisa Oldham, executive director of the New Canaan Library. “There was an approval. They are looking to have it overturned.”
Neele-Banks Stichnoth, president of the NCPA board, said the alliance contends that the Planning and Zoning Commission’s decision is not in line with the town’s Plan of Conservation and Development and other zoning rules. She also said the full project and the
1913 building caveat “can’t be separated as two different things” in the appeal.
According to the appeal, the “action of the applications was illegal, unlawful, arbitrary, capricious and/or an abuse of the power and authority vested in the comis
mission pursuant to the Connecticut General Statutes.”
It referenced the town’s POCD, including its theme to “preserve historic resources” and a chapter that “aspires to preserve and enhance community character.”
The appeal also claims the commission’s decision violates a state statute that encourages the “protection of historic factors” and said the panel’s decision constitutes “spot zoning.”
Oldham declined to comment on the specifics of the appeal. But she said the appeal is not going to stop construction from beginning once the library receives the building permits from the town.
“There is nothing saying we can't start the project,” Oldham said.
Oldham told the Board of Finance last week that she anticipates the project to get underway in early September.
“We are eager to deliver a library campus that we know the community atlarge is in favor of and that we will soon have plans that
honor the condition of,” Oldham said. “I am hopeful it will satisfy the majority. We really look forward to getting underway.”
The return date on the appeal is scheduled for Sept. 28. The town has not yet responded to the lawsuit.
Stichnoth said the alliance is in favor of the library project as long as the 1913 building is either fully preserved or is not disturbed.
“We do want the new library to be built,” Stichnoth said. “But we believe there is a way to maintain the 1913 original library building.”
While there have been discussions in recent months to preserve the 1913 building, none of the options have gained the full support of the alliance.
Stichnoth said the alliance will drop the appeal if the library develops a legitimate plan to fully preserve the 1913 building.
“Our goal is not to stop the process, but the goal is to get a serious response,” Stichnoth said.
The alliance filed the appeal with KKF LLC, which is operated by Art Kean Sr., who owns the Mobil gas station on South Avenue adjacent to the library.
Stichnoth referred to Kean as the future “peacemaker” of this issue.
Kean declined to comment on Thursday.
First Selectman Kevin Moynihan said a meeting was held Wednesday in executive session to discuss the library.
Moynihan declined to discuss specifics of the appeal, but said he felt it was “rather hastily prepared.”