Date: Fri 17-Jan-1997

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-M&E-Tamarack-Woods-lawsuit

Full Text:

Land Group Sues P&Z Over Tamarack Woods Rejection

B Y A NDREW G OROSKO

M&E Land Group has sued the Planning and Zoning Commission (P&Z), seeking to

gain approval for its recently rejected 10-lot Tamarack Woods residential

subdivision.

The Tamarack Woods site is on approximately 32 acres lying within the triangle

formed by Tamarack Road, Sanford Road, and Echo Valley Road, near Upper

Paugussett State Forest and Lake Lillinonah. Tamarack Woods has been one of

the most controversial development proposals of the past year, drawing heavy

criticism from neighboring residents who have opposed it for a variety of

reasons.

In an initial subdivision application last June, M&E had sought to create

access to the site by extending driveways from Tamarack, Sanford, and Echo

Valley roads.

But following a lawsuit filed against M&E and its Conservation Commission

approval for wetlands construction work on the land, plus much criticism of

its development plan from neighbors, M&E withdrew that application from P&Z

consideration. The lawsuit against M&E was filed by Cordalie Benoit Eliscu of

Sanford Road.

Opponents of Tamarack Woods charged it would disturb the isolated area, damage

its rustic character, pose environmental hazards, create traffic problems,

jeopardize the adequacy of existing well water supplies, and potentially

damage archaeological artifacts. The neighbors opposed having driveways extend

into the development from Tamarack Road and Sanford Road, both of which are

dirt roads.

In September, M&E submitted a revised subdivision proposal in which nine lots

were served by a new dead end street extending from Tamarack Road into the

development, plus one lot with driveway access from Echo Valley Road.

"The Newtown plan of development specifically proposes that open space be used

to preserve the unique, rural open character of Newtown, its visual qualities,

significant landscapes and special natural areas... On September 19, 1996, M&E

submitted a new, 10-lot subdivision with... 8.528 acres of open space, far

more than the 10 percent land area requires by the Newtown land subdivision

regulations," the lawsuit filed by M&E states.

"The open space in the (revised) Tamarack Woods subdivision was specifically

designed to protect the scenic nature of the existing Tamarack and Sanford

dirt roads," the suit notes.

The open space was designed to be a buffer to the development in accordance

with the plan of development, it states.

P&Z commissioners said their 4-0 rejection of the second version of Tamarack

Woods in December was based on the proposed open space not meeting the town's

plan of development, according to the lawsuit.

The suit charges that in denying the application, the P&Z acted illegally,

arbitrarily and in abuse of the discretion vested in it.

Through the lawsuit, M&E seeks to have a judge force the P&Z to approve the

Tamarack Woods plan. M&E also seeks any other relief the court deems proper.

M&E is a general partnership whose members are Thomas Maguire of Newtown and

Larry Edwards of Easton.

The town's court answer date on the lawsuit is January 28.