Letter to the Editor: Smith Neck Road Property Owner Says Settlement Would Resolve Zoning Concerns and End Litigation

Dear Editor:

This is in response to the January 9, 2026 Letter to the Editor from Alex Richardson criticizing the possible settlement of a zoning appeal of the denial of an application for a proposed single-family home at 43 Smith Neck Road by the owners of that property. Mr. Richardson contends that rather than trying to settle the appeal with the Commission, the owners should have filed a new application for the modified plans. It should be pointed out that Mr. Richardson owns the abutting property at 41 Smith Neck Road.

Connecticut law allows the settlement of zoning appeals. Indeed, the judge who is assigned to the appeal met with the owners and the attorney for the Commission and strongly urged the parties to try to settle the appeal. In response, the owners have made significant modifications to their plans, including a major reduction in the size of the house, increasing the number of trees near the house and moving the house further back from the water. The modifications made by the owners address all of the issues cited by the Commission in voting to deny the application. If the Commission approves the modified plans, the settlement agreement, allowed by state law and encouraged by the judge, will end the litigation. Moreover, it should be emphasized that the Commission, unlike Mr. Richardson, represents the interests of the entire town.

Editor’s Note: Merriam owns 43 Smith Neck Road.