P&Z Approves Permit for Greenwoods Road Property

By Avice Meehan

A multi-year standoff between the Planning & Zoning Commission and an entity known as Love Simply, LLC moved closer to resolution with the granting of a special permit to replace the windows at the yellow building at 24 Greenwoods Road West.

A reading of the lengthy resolution by P&Z Chair Chris Schaut took a full nine minutes at an Oct. 23 special meeting. The commission then voted unanimously to approve with almost no discussion, having reviewed an earlier draft developed by Stacey Sefcik, the zoning enforcement officer, and attorney Michael Ziska. It includes 10 conditions and a deadline of March 1, 2026, for completion of all work.
“We want to get on with it and get it done,” said Jack Holihan of North Canaan, who filed the special permit on behalf of Love Simply’s owner, Ben Schiff. The dispute with the town began after Schiff made unapproved exterior alterations to the building. He repeatedly declined to file for the necessary approvals, which were required because of the building’s location in the village district. Fines of $150 per day have accrued since early 2023 and a judgement was formally recorded on the deed for the property in May 2023.

The hearing on the special permit occurred Oct. 14. Holihan presented a plan to replace windows on the north, west and south sides of the building with triple-glazed windows manufactured by Marvin. He also requested permission, on Schiff’s behalf, to install clapboard over three lower windows on the south side that face Infinity Hall and to make other minor repairs to the building.

“This is a step in the right direction,” Schaut said during a discussion about the merits of the application at the hearing. Although he did not express concerns about boarding up the lower windows, other members of the commission had reservations about eliminating those windows. Ultimately, the commission decided to require the three windows to be replaced. The P&Z was careful to note that Schiff must apply for all other necessary permits, including a building permit to install the windows.

The daily fines and interest have been suspended since the September filing of the special permit application and will remain suspended until Sefcik deems the work complete or March 1, 2026. The exact amount of the financial penalty that Schiff faces is a big unknown and has been the subject of several meetings in executive session. “Resolution of the fines will not occur until the work is complete,” said Sefcik.

In other business at the regular meeting on Oct. 14, the P&Z:

• Scheduled a public hearing for Nov. 18 on an application from Joanne Charon at 879 Winchester Road for a modification of an existing special permit. Charon seeks to change the location of a parking area at her property. She runs Autumn Harvest LLC, a certified organic orchard and grows more than 400 varieties of apples, pears, nectarines and chestnuts, in addition to blueberries. She also runs a CSA (community supported agriculture).
• Engaged in an extended discussion about the town’s decision to allow contractors for Aquarion to store construction materials on the firehouse property and near City Meadow. Commissioner Ned Barron, who lives across Shepard Road, objected to the frequent use of the property and said he would file a formal complaint unless the zoning enforcement officer took action to enforce regulations with town officials. Sefcik said she could “see both sides” of the issue and said it was important to find a middle ground, while Schaut noted that the Board of Selectmen and Department of Public Works “have to be more willing to work with us.” The commission will seek to identify some possible parameters for working with the town.
• Noted that a complaint had been filed with the state Freedom of Information Commission by a resident of Thomaston regarding a June executive session that included members of the P&Z, the first selectman (an ex officio member of the P&Z), staff and an attorney. The complaint alleges that the P&Z “improperly permitted certain persons” to attend the session. The matter has been referred to counsel.