DANBURY— A Connecticut Superior Court judge has dismissed a lawsuit that challenged the Borough Zoning Commission’s (BZC) February 2017 approval of Rochambeau Woods, a controversial proposed 29-unit condominium complex in 29 individual buildings on a 29-acre site at 41,43, 45, and 47 Mount Pleasant Road, near Taunton Lake.

In a decision dated December 21, Judge Ronald Kowalski ruled that there is substantial evidence that supports the BZC’s approval of developer Hunter Ridge LLC’s application to the BZC for a special zoning permit and site development plan for the project. The BZC’s action in approving the complex conforms to and is consistent with the Borough of Newtown’s zoning regulations, according to the judge.

“The plaintiff has not sustained his burden to prove that the [BZC] acted improperly,” the judge added.

Local developer David French is doing business as Hunter Ridge LLC in connection with the Rochmbeau Woods condo project. Although the names are very similar, that firm is not connected with developer 79 Church Hill Road LLC, which has proposed a separate multifamily complex for 79 Church Hill Road with the name Hunters Ridge.

The plaintiff in the lawsuit challenging Rochambeau Woods is Dr Robert Grossman, represented by attorney Christopher Winans. “I don’t have any comment,” Mr Winans said on December 26.

Asked if he would continue his legal challenges of the Rochambeau Woods approval, Dr Grossman said, “We just got the decision. I have to talk it over with the lawyer.”

Dr Grossman owns property abutting the development site. In 2003, Dr Grossman sold the land where the complex would be built to Mr French. Through the lawsuit, Dr Grossman sought to have the BZC’s construction approval nullified. Hunter Ridge LLC was a codefendant in the legal action.

Generally, the lawsuit claimed that the BZC’s actions in approving the development proposal were “illegal, unlawful, arbitrary, and/or capricious, and in abuse of the powers vested in the BZC.”

A spokesman for Mr French has said that the 29-dwelling Rochambeau Woods project likely would be acquired and constructed by a major developer, possibly Toll Brothers Inc.

The proposed 29 condos would be constructed on the section of the site near Mount Pleasant Road. The site extends downgradient to Taunton Lake, where it has about 450 feet of lake frontage.

Almost 70 percent of the site would remain as undeveloped open space land under the terms of the BZC’s Residential Open Space Development (ROSD) zoning regulations. That open space, which would be protected by an easement, would be available for use by the condo complex’s residents and their guests, but not the general public. The condo complex would not have age restrictions for its residents.

At BZC public hearings that proceeded the February 2017 zoning approval, the plans drew criticism from nearby property owners, who charged that the complex’s presence would create various problems in the neighborhood, involving traffic, noise, decreased property values, and the prospect of raucous teenage parties occurring near Taunton Lake.

At those two hearings, Dr Grossman strongly criticized the proposal. His concerns included the prospect of teenage residents of the complex and their friends having parties near the lake involving loud music and beer drinking. Also, the presence of the condo complex would result in traffic problems in the area, he then charged. Additionally, the complex would be out of architectural character with the area, which contains single-family houses, he then added.

Rochambeau Woods was the largest residential project approved in the borough in decades.

The site has a long history as a location proposed for residential development. In 2002, the property was proposed as the site for a 15-lot subdivision of single-family houses. However, a decade-long court case, which challenged the proposed subdivision on environmental grounds, eventually was resolved by the Connecticut Supreme Court. That court decision set the stage for the condo complex application, which the BZC then approved in February 2017.