NEW CANAAN — Residents of Indian Waters Drive, a private roadway, rejoiced when the Planning and Zoning commission unanimously voted to deny Aquarion Water Co.’s application to subdivide land adjacent to the drive.

Commission members Laszlo Papp and Elizabeth DeLuca raised the issue of an inaccessible open space, 4.1 acres Aquarion intended to leave untouched, that would have resulted from the subdivision.

“This approval is complicated and we will just have to vote for a denial,” Papp said.

Secretary Jean Grzelecki had qualms about Aquarion’s verification related to access on Indian Waters Drive. “We cannot opine on legality but we can request verification and we will have to wait on that,” she said.

Chairman John H. Goodwin focused on the issuance of a special permit. “We have to conclude that special permit is a good thing under the regulations and that there is a suitable location, streets and access. I wasn’t able to conclude that this area is suitable for subdivision,” he said.

Aquarion Water Co.’s application was filed on Aug. 25 and details plans to subdivide its property adjacent to Indian Waters Drive into two residential building lots expected to be 2.1 acres and 3.7 acres. An additional cul-de-sac was also part of the plans to allow for emergency vehicle access and for Indian Waters Drive residents via an access easement.

Following the decision, six Indian Waters Drive residents convened outside the town hall meeting room. “We are very pleased with the decision. It was thoughtful, careful and all of our arguments seem to have been heard,” John Stone said.

“We’re glad the commission considered the open- space issue; it’s for the benefit of the town. Our different points were thoughtfully considered,” Peter Bergen, who was along with his wife Susan, said.

The Bergens are the first of 23 names on the lawsuit filed against Aquarion claiming the company “does not have any legal right to use Indian Waters Drive.” The lawsuit was filed Sept. 22 in Stamford Superior Court.

Attorney Michael P. Sweeney, from Carmody Torrance Sandak & Hennessey LLP and representing Aquarion Water Co. during the application process, did not respond to requests for comment.

Peter Fazekas, an Aquarion spokesperson, said that Aquarion is “reviewing the denial and are looking at an appeal.”