Planning And Zoning Sued Over Subdivision Rejection

By Andrew Gorosko

The developer of a proposed eight-lot residential subdivision in the Riverside section of Sandy Hook, which was rejected by the Planning and Zoning Commission (P&Z) in early June, has sued the P&Z in seeking to have a judge overturn that rejection and approve the project.

In a lawsuit filed in Danbury Superior Court, Excelsior, Inc., of 16 Sweetbriar Lane, Sandy Hook, states the development which it proposed for land adjacent to Alpine Circle complied with relevant laws, regulations, and ordinances, but was nonetheless turned down by the P&Z.

Excelsior claims the rejection was unreasonable, arbitrary, and in abuse of the P&Z’s discretion. Excelsior claims it will be irreparably harmed if it cannot pursue the development of the subdivision.

The town is scheduled to submit its response to the lawsuit by August 1.

In a 4-to-1 vote, the P&Z June 1 rejected the proposal to create an eight-lot residential subdivision on land south of the private dead-end Alpine Circle in the Riverside. The 13.6-acre site lies in an R-1 zone.

At that time, P&Z member Heidi Winslow pointed out that the application does not conform to land use regulations concerning dead-end roads. Those rules do not allow the P&Z to approve the construction of a public road that is not connected to another public road, she said. The developer had proposed extending a new subdivision road off of Alpine Circle, which is a private road.

P&Z Chairman Daniel Fogliano, who was the only P&Z member who voted in favor of the subdivision, then said that under the development plan proposed by the applicant, the developer would upgrade Alpine Circle to be accepted as a town road before Old Wagon Road would be built for the Old Wagon Estates subdivision.

But Ms Winslow said it is unclear who currently owns Alpine Circle.

In earlier versions of Old Wagon Estates, the developer had suggested eventually linking the proposed development to Jeremiah Road, either via Stone Gate Drive or Morgan Drive. 

Following the Conservation Commission’s approval of a wetlands construction permit for Old Wagon Estates earlier this year, resident Mary McNee of 25 Alpine Circle sued the Conservation Commission and Excelsior over the commission’s allowing Excelsior to cross wetlands with a road and two driveways in connection with subdivision construction. Ms McNee claims the construction would irreparably harm wetlands, watercourses, and underground water supplies.