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Date: Fri 14-Nov-1997

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Date: Fri 14-Nov-1997

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-Walnut-Tree-condos

Full Text:

P&Z Reviews Walnut Tree Lawsuit Status

BY ANDREW GOROSKO

Planning and Zoning Commission (P&Z) members are seeking legal advice from the

town attorney concerning a pending lawsuit in which the developers of the

Walnut Tree Village condominium complex sued the P&Z over its decision not to

allow porches to be built there.

At a November 6 session, P&Z members received a letter from Town Attorney

David Grogins from which they inferred that a judge has sustained the court

appeal filed by Walnut Tree Developers after the P&Z turned down the

developers' requested porches in June 1996.

P&Z members agreed to have the town attorney provide them with more explicit

information on the status of the pending lawsuit.

In June 1996, P&Z members turned down two requests to make physical changes at

Walnut Tree Village, the town's first condominium complex.

Attorney Stephen Wippermann, representing the developers, then proposed that

the P&Z drop its regulation which requires there to be ramps leading to

entryways at multi-family housing units for the elderly in EH-10 zones.

P&Z members did not agree with the proposal and voted that the ramp

requirement remain in effect. Some residents at the condominium complex at 26

Walnut Tree Hill Road had asked that ramps not be required there.

Also, Louis DeFilio, president of Walnut Tree Developers, Inc, then asked P&Z

members to allow the firm to build unheated porches atop existing patios at

the condo complex.

P&Z members, however, turned down the request, saying that porch construction

would increase the construction density at Walnut Tree Village.

Last May, P&Z members approved some architectural roofline changes for Walnut

Tree Village to solve some aesthetic concerns and practical problems at the

complex.

When the developers want to make changes to the plans that were initially

approved by the P&Z under the terms of a special exception to the zoning

regulations, the developers' requests are subject to a public hearing and P&Z

action.

When completely built, Walnut Tree Village will contain 80 units. A recent

condo sale there exceeded $200,000. The complex contains three different floor

plans of varying sizes and prices.

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