The application to tear down a home at 123 Five Mile River Road and build two smaller single-family ones was withdrawn at the Nov. 26 Darien Planning and Zoning Commission meeting.

The application had been debated at four sessions of a P&Z public hearing.

The application to divide the 1.11-acre parcel on Five Mile River Road was submitted to the P&Z Aug. 15. In October, Eric Richards, the applicant, presented his case to the commission as did the opposition in November.

John Harness, the attorney representing the applicant, could not be reached for comment.

Richards intended to demolish the home on the parcel, excavate the land, divide the lot into .507 of an acre and .606 of an acre and construct two single-family homes with pools. The parcels are within a zone that allows for half-acre lots.

Neighbors on Five Mile River were against the demolition of the pink home on the property, the free cut -- which divides an already established parcel of land into two -- and the construction of the two homes. Ginsberg told Richards that if several directives -- including the demolition of the home on the property -- had to be met before a free cut on the property possibly could be granted.

According to Planning and Zoning Director Jeremy Ginsberg, a free cut map cannot be filed until the house is demolished, since lot lines cannot be put through a house.

"The predicament for Mr. Richards is that you can't file the map until you demolish the house," Ginsberg said after the Nov. 19 public hearing.

The approval of the free cut is not the decision of the P&Z. Ginsberg will have the final approval of it, but even if the house is demolished on the lot, the free cut may not be approved.

"This has been a quite controversial free cut," Ginsberg said.

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