Date: Fri 05-Sep-1997

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-Lawrence-Serke

Full Text:

LIBRARY

GENNEWS

P&Z Asks Attorney To Settle Driveway Dispute

Planning and Zoning Commission (P&Z) members voted August 28 to have the town

attorney settle a lawsuit filed against the town in April over a six-lot

residential resubdivision on Eden Hill Road.

P&Z members voted to have Town Attorney David Grogins settle the suit filed by

Terry Lawrence-Serke of Southbury and Ruth A. Potter of Danbury.

The settlement revolves around the issue of driveway placements in the

subdivision which was approved by P&Z on April 3.

In the suit, the applicants stated the land use agency placed some

unacceptable conditions on some driveway placements in the resubdivision.

The resubdivided land is an 18-acre parcel on Eden Hill Road, off Hattertown

Road.

The approved resubdivision was the second version of the development plan

submitted by the applicants. The applicants withdrew their initial development

proposal last November, following numerous criticisms of the project made by

nearby property owners at an October public hearing.

In the lawsuit, the developers state they are adversely affected by certain

conditions which the P&Z placed on the subdivision approval. In its April 3

approval, P&Z members required the driveways for Lots 2 and 4 be located at

least 100 feet away from the nearest point of the driveway for Lot 3.

Among their objections to the driveway requirement, the developers state that

the P&Z imposed conditions not permitted or provided for in state statutes and

in the P&Z regulations. The lawsuit alleges P&Z deprived the plaintiffs of

their property and civil rights without the due process of law.