Land Use: Zoning, Permitting & Litigation

A recent decision by the Connecticut Supreme Court could have a big impact on how landlords of multifamily/multiunit properties charge tenants for utilities. In Northland Inv. Corp. v. Pub. Utils. Regul. Auth. (SC 201769), the Court determined that Ratio Utility Billing (“RUB”) is prohibited in Connecticut. The Court found that
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As part of its continuing effort to review the newly enacted, citywide zoning regulations, the City of Norwalk Planning & Zoning Commission (“Commission”) will commence review of myriad additional revisions to the newly enacted zoning regulations at its August 21, 2024, meeting. Some of the proposed language generated by the
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Carmody Litigation partner, Peter Nolin, is quoted in CT Insider regarding the resolution of a real estate fraud case in Fairfield, CT. https://www.ctinsider.com/connecticut/article/sky-top-terrace-fairfield-ct-real-estate-scam-19555699.php

As part of a continuing effort to review the newly enacted citywide zoning regulations, the City of Norwalk Planning & Zoning Commission (“Commission”) last week approved modifications to the height and bulk requirements of residential structures in certain zones. The Commission re-inserted maximum height requirements into the regulations to supplement
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Today, Governor Lamont announced that he has approved a series of state grants totaling $26.3 million to support the remediation and redevelopment of 130 acres of contaminated land, located on 22 properties throughout 17 different Connecticut towns and cities. For more information about the grants and towns affected, click here.
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Seymour Resident Joins Carmody Torrance Sandak & Hennessey LLP | Valley Independent Sentinel (newhavenindependent.org)

Christina M. Lopes is joining the Real Estate & Land Use team of leading Connecticut law firm Carmody Torrance Sandak & Hennessey LLP as an associate attorney in the Real Estate practice. Christina will be working in Carmody’s New Haven office on affordable housing development and institutional and utility real
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New inland wetlands and watercourses regulations are under review by the City of Norwalk, CT Conservation Commission (“Commission”). Of note is that the upland review area measured from the boundary of wetlands would extend one hundred (100’) feet instead of the fifty (50’) feet, as currently set forth in the
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At Carmody, we have been monitoring the 2024 Legislative Session which just ended. This year there were an inordinate number of bills proposed to incentivize the construction of housing (particularly low- and middle-income housing) in Connecticut with a number of “big ideas” that grabbed headlines. The most significant of these proposals failed
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Following the February 19, 2024 effective date of the new citywide zoning map and regulations, the Planning & Zoning Commission (“Commission”) recently approved various modifications to the regulations and anticipates similar adjustments in upcoming months. Earlier in April, the Commission adopted changes to the encroachment table to prevent decks from
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Curry Automotive is three weeks away from opening a new Mercedes-Benz dealership in Danbury’s high-end auto corridor and it already has plans to expand by creating a dealership for British brand, Ineos Grenadier, across the street. Real Estate & Land Use partner Meaghan Miles represents Curry and spoke on their
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Carmody Land Use & Zoning partner Elizabeth Suchy is referenced in the CT Examiner article: Hotel Owners Clash Over Fate of Historic Norwalk Buildings (ctexaminer.com)

Carmody Land Use & Zoning partner Elizabeth Suchy is quoted in The Hour article: South Norwalk Residence Inn clashes with former partner proposing a new hotel next door: ‘Nonsense’ (thehour.com)

The United States Supreme Court recently issued a unanimous decision in the case of Sheetz v. County of El Dorado, 601 U.S. ___ (2024), which will affect how municipalities impose impact fees on developers.  As a result of this decision, regulations that broadly require developers to pay fees for offsite
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Carmody litigators Marc Kurzman and Damian Gunningsmith in a zoning case before the Connecticut Appellate Court – Vrbo Host Is Breaking Zoning Regs, Conn. High Court Told – Law360

Carmody Land Use partner Lisa Feinberg is quoted in the Stamford Advocate article regarding Building and Land Technology’s proposal to convert a four-story office building in Stamford. 354-unit Stamford development gets OK from Planning Board (stamfordadvocate.com)

In one of the largest residential real estate acquisitions in the US in 2023*, a team of lawyers from Town Counsel Curtis Brinckerhoff & Barrett P.C. and special counsel Carmody Torrance Sandak & Hennessey LLP represented the Town of Darien in the purchase of Great Island for $85 million. Carmody assisted
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In 2021, in an effort to curtail money laundering, Congress enacted the Corporate Transparency Act (“CTA”). The CTA will dramatically change the business landscape by requiring mandatory reports from nearly all entities, domestic and foreign. The current effective date is January 1, 2024, but existing entities do not have to file
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With interest rates nearing record highs and the need for more housing in Connecticut growing by the day, the Connecticut Housing Finance Authority (“CHFA”) is rolling out a new, competitive financing program for multifamily developments. Known as the “Build4CT” program, these funds are targeted at developments with at least 20% of
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The deadline to submit applications to the City of Norwalk, Connecticut Department of Planning & Zoning, Zoning Board of Appeals and Planning & Zoning Commission under the existing regulations and standards of review is February 16, 2024.  This includes zoning permits administratively issued by staff, and special permit, site plan
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The following Connecticut municipalities conducted real property tax revaluations in 2023: AvonHamptonRocky HillBarkhamstedHarwintonScotlandBethanyKentSharonBethlehemKillinglyShermanBoltonLebanonSuffieldBurlingtonLitchfieldUnionCantonLymeWashingtonChaplinMadisonWatertownCheshireNew CanaanWestonChesterNew HartfordWethersfieldDarienNew LondonWillingtonEast GranbyNorfolkWiltonEastfordNorwichWindhamEssexOld SaybrookWindsorFranklinOrangeWoodbury This revaluation will fix a property owner’s tax assessment for the next five years beginning with the October 1, 2023 grand list, which determines the real property taxes due on July 1,
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After nearly eight months of comments, revisions, and public hearings, the Planning and Zoning Commission of the City of Norwalk, Connecticut, adopted a new zoning map and zoning regulations on December 13, 2023. This is the first comprehensive, citywide revision to the zoning regulations in nearly 40 years. The new
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Every five years each municipality in Connecticut conducts a revaluation of all real property. The City of Norwalk, Town of Darien, Town of New Canaan, Town of Weston, and Town of Wilton conducted revaluations this year, revaluing all real property as of October 1, 2023. A taxpayer looking to contest
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Following seven months of review, comment, feedback and revisions, the City of Norwalk Planning & Zoning Commission will hold public hearings in December 2023 on the final drafts of the proposed zoning map and regulations. Hybrid public hearings have been scheduled for December 5 and 6, 2023 with the in-person
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Carmody Torrance Sandak & Hennessey LLP is pleased to announce that 11 of its lawyers have been named to Moffly Media’s ‘250+ Top Lawyers in Fairfield County’ list. Moffly Media publishes Greenwich, New Canaan/Darien + Rowayton, Stamford, Westport, and athome magazines. Their research process includes online peer-voting, internet research, active
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Carmody Torrance Sandak & Hennessey LLP is pleased to announce that it has been named to the 2024 Edition of the U.S. News & World Report – Best Lawyers ® “Best Law Firms” list. In this edition, 18 of the firm’s practice areas are ranked in Tier 1, 8 practice
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Carmody’s Litigation practice was recognized for 19 of its lawyers for the 2024 edition of Benchmark Litigation: Douglas A. Balko Maureen Danehy-Cox Jason R. Gagnon David T. Grudberg Damian K. Gunningsmith David S. Hardy Sarah S. Healey John R. Horvack Jr. Gary S. Klein Marc J. Kurzman Fatima Lahnin Todd
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Hamden officials approve retail cannabis business on Whitney Avenue (nhregister.com)

Carmody clients launch new K9 Resorts dog hotel in Stamford. Partners William Hennessey, Jason Klein and Patrick Hanna advised on zoning and lease issues.

Land Use lawyer Meaghan Miles is quoted in Connecticut Post regarding proposal to open a cannabis dispensary in Stratford. Click here to read more.

Real Estate & Land Use partner, Jay Klein, is quoted in The Norwalk Hour regarding demolition in Norwalk, which will become Connecticut’s first Wegmans.Click here to read more.

“Converting office space to residential homes, particularly outside the central business district, is a fantastic way to combat the housing crisis and reduce office vacancy,” – Carmody Land Use partner Lisa Feinberg represents Building and Land Technology (BLT) on conversion of HQ to apartments. Stamford’s largest developer to convert its HQ into
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Land Use partner, Elizabeth Suchy, is quoted in Nancy on Norwalk regarding the approval of Shangri-La’s second cannabis retail location, making it the third retail location in Norwalk. Click to read more.

The housing shortage continues to dominate the discussion at all levels of government in 2023, and in Stamford, Mayor Simmons is pushing for action. The Mayor recently issued an Affordable Housing Executive Order calling for the equivalent of 1,000 new or substantially renovated affordable housing units by 2025, and the development
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Real Estate & Land Use partner, Elizabeth Suchy, is quoted in The Hour regarding a proposal to develop a 204-unit apartment complex where the old Norwalk YMCA is located. Click to read more.

Land Use partner, Elizabeth Suchy, is quoted in The Wilton Bulletin regarding a proposed amendment, which would allow parking requirements to be based on space utilization, rather than gross square-footage. The Norwalk P&Z Commission unanimously approved the text amendment. Click to read more.

The P&Z Commission voted to approve Wilton Center Lofts, a five-story, 42-unit residential building in Norwalk after using Connecticut’s 8-30g affordable housing statute. Click to read more in Good Morning Wilton.Click to read more in The Hour.

Real Estate & Land Use partner, Elizabeth Suchy, is quoted in The Hour regarding the STEM competition held in Norwalk. Click to read more.

Land Use partner, Liz Suchy, is quoted in The Wilton Bulletin regarding the public hearing for a 40-unit, multifamily development at 12 Godfrey Place in Wilton. Click here to read more.

The City of Norwalk Planning & Zoning Commission has scheduled two public hearings on the proposed citywide, comprehensive zoning rewrite and zone map revisions to provide property owners, businesses and other stakeholders an opportunity to share comments, concerns and objections. The hearings will take place on June 21, 2023 and
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Land Use partner Elizabeth Suchy is quoted in Good Morning Wilton regarding the development at 12 Godfrey Place in Wilton. P&Z Questions and Resident Objections May Not be Enough to Stop 12 Godfrey Pl. 8-30g – Good Morning Wilton

Land Use partner William Hennessey quoted in Stamford Advocate article – Developer wants to build Stamford’s second highest tower (stamfordadvocate.com)

Land Use partner William Hennessey quoted in Stamford Advocate in relation to approval for Seaview House Marina approval. https://www.stamfordadvocate.com/local/article/stamford-officials-seaview-house-marina-18087962.php

The Hour article quoting Carmody Land Use partner Elizabeth Suchy. https://www.thehour.com/news/article/norwalk-second-cannabis-dispensary-shangri-la-18081228.php?src=nwkartribbon

As part of the next phase of the City of Norwalk’s comprehensive zoning rewrite, meetings with neighborhood groups and in Common Council districts to present the proposed zoning map and regulations will commence this week. Meetings will be a mix of in-person and Zoom formats, offering property owners, interested parties
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After much anticipation, the Norwalk Planning & Zoning Commission last week released the first draft of the comprehensive revision of its Building Zone Regulations. This initial draft aims to replace Norwalk’s existing zoning regime, which has been in effect since the adoption of zoning in 1929. The release of the draft
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Proposed revisions to the City of Norwalk Building Zone Regulations and Zoning Map will be revealed on Tuesday April 4, 2023 during a virtual presentation on zoom.com. This is the first time in more than 30 years that the City has undertaken a comprehensive rewrite of its regulations, a recommendation
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Carmody’s Real Estate & Land Use partner, William Hennessey is quoted in the Stamford Advocate as he represented the developer on its successful application for a new indoor ice rink in Stamford. Click to read.

Carmody Real Estate & Land Use partner, Elizabeth Suchy quoted in The Wilton Bulletin in regard to the proposed development at 12 Godfrey Place. Click to read more

Many of you have been asking about the status of the proposed legislation capping residential rent increases. The contentious proposal, known as H.B. No. 6588, did not make it out of the Housing Committee’s final meeting this week. Instead, the committee opted to create a task force to study the issue
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Connecticut continues to face a critical housing shortage and the legislature continues to battle over the best way to cure it, particularly when it comes to affordable housing.  Governor Lamont’s 2024-2025 biennial budget proposal looks to invest $600 million towards the development of affordable and workforce housing using a mix
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Carmody Land Use partner, Liz Suchy representing developer J.D. Rich Co. is quoted in The Hour regarding the expansion of a South Norwalk hotel, building demolition approved by Planning and Zoning Commission. Expansion of South Norwalk hotel, building demo approved by P&Z (thehour.com)

Carmody Land Use partner Liz Suchy represented client 127 Woodward Ave, LLC in the zoning approvals for The Sports Haus facility in Norwalk. Click link to read more The Sports Haus bringing indoor pickleball, padel courts to SoNo (thehour.com)

Carmody Land Use partner Lisa Feinberg is quoted in relation to a major new development in Stamford, CT. Click here to read more.

February 9, 2023 On February 9, Jay Klein, Lisa Feinberg and Meaghan Miles are all speaking at the Connecticut Bar Association 2023 Land Use Legislative Update. Click here for more information

January 25, 2023 Carmody Land Use partner, Meaghan M. Miles representing Curaleaf cannabis dispensary, quoted in Stamford Advocate article Stamford OKs second recreational cannabis retailer: Curaleaf (stamfordadvocate.com)

January 21, 2023 Carmody Land Use partner Meaghan M. Miles is quoted in New Haven Register, representing client Fair Haven Community Health Clinic. https://www.nhregister.com/news/article/Food-pharmacy-part-of-Fair-Haven-Community-17731157.php

Stamford conducted real property tax revaluations in 2022: The revaluation in Stamford will fix a property owner’s tax assessment for the next five years beginning with the October 1, 2022 grand list, which reflects the real property taxes due on July 1, 2023. Most property owners should have received a
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Elizabeth Suchy is featured on Westfair Communications. Click here to read the story.

Carmody Torrance Sandak & Hennessey LLP is pleased to announce that Carolyn J. Cavolo has joined the firm’s Real Estate & Land Use team as a Partner in its Stamford office. Cavolo focuses her practice on sophisticated commercial real estate transactions advising owners, investors, developers, financial institutions, and planned community
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September 26, 2022 Carmody Land Use partner Liz Suchy representing Norwalk Hospital is quoted in relation to expansion plans. Norwalk Hospital plans expansion | Nancy on Norwalk

Carmody’s Liz Suchy and Mike Sweeney advised clients Stone Realty Associates, LLC and HMTX, in relation to Connecticut’s newest “green” building, located in Norwalk. From floor to roof, Norwalk building opens among ‘greenest’ in CT (thehour.com)

August 10, 2022 Carmody’s Land Use partner Liz Suchy quoted in relation to the reuse of three buildings in Danbury, from offices to residential units. Wilton considers converting office buildings into apartments (wiltonbulletin.com)

In an important and positive case for the real estate development community, the Connecticut Supreme Court has dramatically reduced the amount of discretion a local zoning commission has when reviewing a special permit application. In McLoughlin v. Planning & Zoning Commission of the Town of Bethel, the court held that while
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It has been two years since the COVID-19 pandemic altered the conventional ways of conducting business. During the pandemic, Governor Ned Lamont passed multiple Emergency Orders that allowed businesses and people to continue operating in a modified capacity. The response to some of these initiatives was so positive that as
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The following thirty-seven Connecticut municipalities conducted real property tax revaluations in 2021: Andover, Ashford, Beacon Falls, Bridgewater, Brookfield, Colchester, Columbia, Cornwall, East Hartford, East Haven, East Lyme, Easton, Enfield, Greenwich, Griswold, Groton, Hartford, Hebron, Killingworth, Lisbon, Manchester, Meriden, Middlebury, Middlefield, Milford, Montville, New Haven, Plainville, Plymouth, Portland, Salem, Shelton, Thomaston,
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Carmody has elected five of its lawyers to the partnership effective January 1, 2022. Commenting on the promotion of the new partners, Managing Partner Rick Street said: “All five of these talented lawyers have made significant contributions to the firm and their communities. Every day these attorneys are steadfast in
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Carmody  welcomes six new associate attorneys to the firm, demonstrating the firm’s continued growth across its offices and practices. Gideon Asemnor (New Haven) joins the firm’s Litigation practice. Before joining Carmody, Gideon practiced in the areas of professional liability, construction law, product liability, and commercial litigation at a firm in
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The General Assembly passed legislation extending the term of zoning approvals that were effective as of March 10, 2020, the date the Governor declared a State of Emergency to address the COVID-19 pandemic. The adopted legislation is in two parts: Public Act 21-34 (effective June 10, 2021) and HB 6541
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On April 10, 2020, Governor Ned Lamont issued Executive Order No. 7X, detailed here, which instituted a moratorium on residential evictions and summary process actions until July 1, 2020. The Governor’s Order did not apply to commercial eviction proceedings. While a commercial landlord was permitted to serve a notice to
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This week, the Governor issued Executive Order: 7JJ (3): THE TOLLING OF LAND USE AND BUILDING PERMITS. This Executive Order extends the period of validity of approval or permits issued by a municipal land use agency or building official so they do not expire during the state of emergency. It
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On April 14, 2020, Fannie Mae issued a guidance on the procedures it considered prudent in Remote Ink-Signed Notarization (RIN) closings, and specifically distinguished that the prior remote online notarization (“RON”) guidelines of the Fannie Mae Lender Letter LL-2020-03 do not apply to RINs. Freddie Mac had issued a similar
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Dear Clients and Friends, Our team of business, real estate, and litigation lawyers are available to answer your questions about some of the most pressing COVID-19 contract and insurance issues faced by our business clients. Our lawyers are using WebEx and Zoom to counsel clients, negotiate transactions, and try to
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Carmody Torrance Sandak & Hennessey LLP has elected Richard L. Street as the firm’s Managing Partner, effective February 1, 2020. Previously, Rick has served as Assistant Managing Partner of the firm and as Practice Group Leader of the firm’s litigation group. Outgoing Managing Partner Ann Zucker said, “Rick has a
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Currently, the State of Connecticut imposes a conveyance tax on residential real estate sales. The current tax rate is: (1) 0.75% on the first $800,000 of the sales price plus (2) 1.25% on the portion of the sales price greater than $800,000. For example, if the sales price of a
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Bill Hennessey is named “Lawyer of the Year” by Best Lawyers® in Stamford, Connecticut for Real Estate, 2020. About Bill Hennessey Bill Hennessey has practiced in southwest Connecticut for over 30 years. His practice is concentrated on planning, zoning, and related land use issues, as well as real estate transactions,
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Vacant buildings and blighted neighborhoods challenge redevelopment in Connecticut cities.  Two statutes awaiting Governor Ned Lamont’s signature provide a time-tested avenue for redeveloping these urban areas.  The new laws enable municipalities to form nonstock corporations, referred to as “land banks”, to take title to, rehabilitate and convey abandoned and blighted
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