Date: Fri 07-Mar-1997

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-lawsuit-DaMota

Full Text:

DaMota Sues P&Z Over Rejected Subdivision

B Y A NDREW G OROSKO

The applicant for The Estates on Taunton Hill, a 19-lot residential

subdivision proposed for 60 acres off Taunton Hill Road, has sued the Planning

and Zoning Commission (P&Z), seeking to overturn the P&Z's rejection of the

project.

In legal papers filed in Danbury Superior Court, DaMota, LLC, seeks to have

the court order that the subdivision be approved.

In the lawsuit, DaMota charges that the P&Z acted illegally, arbitrarily, and

in abuse of the discretion vested in it because it failed to assign a proper

reason for its denial of the application.

The suit alleges the P&Z failed to consider its own interpretation of the term

"unusual topography" as found in its minutes for the meeting of October 4,

1990, and also in considerations of that phrase in relevant decisions during

the past decade.

"Section 4.07 of the Newtown Planning and Zoning subdivision regulations

states that a subdivision application shall have no parallel roads unless

unusual topography requires it. In the past, the Planning and Zoning

Commission has interpreted this to mean that parallel roads would be permitted

with stipulations if there was no other obvious place to put the roads. (The)

defendant in the present case ignored this history without explanation," the

suit states.

At a February 6 session, P&Z Chairman John DeFilippe and members Stephen Koch,

Daniel Fogliano and James Boylan voted to reject the subdivision application.

Member Thomas Paisley voted in favor of it.

The P&Z's decision noted that four of the proposed 19 lots had "dual

frontages," or frontages on two streets. Dual frontage lots have generally

parallel streets running along the front and rear of the lot.

An applicable subdivision regulation reads, in part, "Except in cases of

unusual topography or property lines, through-lots bounding on two generally

parallel streets will not be permitted."

Whether the presence of four dual frontage lots should prevent approval of the

19-lot proposal was up to the P&Z members' interpretation of the regulations.

Although the subdivision plan submitted by the developer violated the

regulations concerning dual frontage lots, P&Z members had the option of

waiving the regulation if they determined that "unusual topography" came into

play.

In January, residents living near the development site at 31-37 Taunton Hill

Road told P&Z members they are concerned that added development in the area

would endanger existing well water supplies, create traffic hazards, and pose

drainage problems on their land.

Also in January, attorney Stephen Wippermann, representing DaMota, had argued

that the P&Z should allow all 19 lots requested by the developer. Mr

Wippermann pointed to past applications in which the P&Z approved other

so-called "dual frontage" lots in other subdivisions.

Initial plans for The Estates on Taunton Hill were withdrawn from P&Z

consideration in February 1996 due to technical deficiencies. A second

submission was withdrawn in June 1996 because the plans were incomplete. The

version of the plans rejected by the P&Z on February 6 had been submitted in

November 1996.