Date: Mon 25-Aug-1997

Date: Mon 25-Aug-1997

Publication: Bee

Author: ANDYG

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Couple Sues P&Z Over Rollingwood Approval


A local couple is suing the Planning and Zoning Commission (P&Z), seeking to

overturn the agency's recent unanimous approval of Rollingwood, Section 5, a

24-lot resubdivision in Botsford.

In a lawsuit filed August 15 in Danbury Superior Court, Kenneth and Teresa

Greenfield of 24 Marlin Road want to have a judge overturn the P&Z's July 24


On July 24, the P&Z also approved Rollingwood, Section 4, which is five

building lots. The Greenfield lawsuit, however, only involves Section 5 of the


The P&Z already has approved Sections I, II, and III of Rollingwood.

The Rollingwood development, which is being built on more than 200 acres, is

one of the largest residential construction projects in town.

When completed, the overall Rollingwood project is expected to contain about

90 lots. The land is in the vicinity of High Bridge Road, New Lebbon Road,

Marlin Road, East Marlin Road, and Hoseye Coach Road.

The property owned by the Greenfields at 24 Marlin Road is in a 2-acre farming

and residential zone.

Blakeman Construction, LLC, of Shelton applied to the P&Z on March 20 to

resubdivide Lot 43 at Rollingwood into 24 lots. The P&Z held a public hearing

on the application June 19.

According to the Greenfield lawsuit, when the P&Z approved the 24-lot

resubdivision, it decided that three fire suppression water storage tanks must

be added to the development at locations to be approved by the fire marshal.

The suit adds the P&Z failed to address an alternate means of access to Lot

59. The suit alleges the P&Z allowed more lots than permitted to be created on

an existing town street.

In their lawsuit, the Greenfields state the P&Z: allowed plans for the

development to be changed by the applicant after the public hearing; required

the fire marshal, who is not directly under P&Z control, to determine the

locations for three fire suppression water tanks; and failed to address

alternate means of access to Lot 59.

The suit alleges the P&Z acted illegally, arbitrarily and in abuse of the

discretion vested in it by exceeding its legal powers; approved an application

which didn't comply with the subdivision regulations; and deprived the

plaintiffs of a reasonable use of their property.

The plaintiffs are represented by attorney Helen Joy Previdi. The town has a

September 23 answer date to the lawsuit.

At a June public hearing on Rollingwood, members of the public expressed

concerns about added traffic that will be generated by the presence of new

homes in the area. Also, residents asked that the town reduce the rate of new

residential development.