The Planning and Zoning Commission heard an application Oct. 26 for the subdivision of 434 Hurlbutt Street, a residential address, into two lots, with a third lot to be donated to the town as open space.

The public hearing was kept open, as the project, which involves the installation of two new septic systems, has not yet been approved by the Wilton Health Department.

Kevin O’Brien, founder and broker of O’Brien Premier Properties LLC, explained to the commission that his client, James Kleiber, the applicant and owner of the property, does not wish to develop the parcels himself; rather, he intends to sell them if possible.

The proposed property cuts would create a two-acre building lot alongside the two-acre main residential address, as well as a parcel of 2.5 acres that Kleiber plans to donate to the town, so that it may be annexed to the adjacent 7.2 acres of open space south of 434 Hurlbutt Street.

Town Planner Bob Nerney questioned O’Brien as to whether he had gone before the Board of Selectmen to make the offer.

“It does require that it be acceptable to the Board of Selectmen,” Nerney said.

O’Brien replied that he had not, as of yet, but was confident his client’s donation would be accepted, saying, “I don’t think I’d have a hard time giving 2.5 acres away. I can’t imagine the town wouldn’t want it, because it’s not a field to mow, or something that they’re going to have to spend money on.”

There was some discussion during the hearing regarding use conformity for the main lot where  a house and two cottages stand.

O’Brien acknowledged that the use of 434 Hurlbutt, at present, does not conform to Wilton’s zoning regulations, because each aforementioned building is occupied by tenants. The regulations stipulate that only two residences be allowed on a single property.

Since all three buildings fall within the boundary lines proposed to define the main lot, one cottage would be “decommissioned” as a residence, according to O’Brien. To do that, “We’re going to remove any connection to septic,” he said, arguing that such a severance would satisfy the zoning laws.

“It’s the use that’s not conforming, not the property itself,” O’Brien argued.
The next public hearing for Kleiber’s application is scheduled for Nov. 9.