ZBA Rejects Condo Developer’s Challenge Of Zoning Decision

By Andrew Gorosko

After brief discussion, Zoning Board of Appeals (ZBA) members on September 20 unanimously rejected a condominium developer’s claim that a town land use official erred last spring when he made a decision that jeopardized the developer’s controversial proposal to build 23 mixed-income condos on Church Hill Road in Sandy Hook Center.

Danbury developer Guri Dauti and Dauti Construction, LLC, had charged that town Land Use Enforcement Officer George Benson was in error last spring when he rescinded a lot line revision at the Church Hill Road site, which had been granted to the developer by Zoning Enforcement Officer Gary Frenette in 2003. Mr Dauti was seeking to have the ZBA overrule Mr Benson’s action, which nullified the 2003 lot line revision.

On August 2, the ZBA held a public hearing on Mr Dauti’s ZBA application. On August 3, the Planning and Zoning Commission (P&Z) rejected Mr Dauti’s proposal to build a townhouse-style, 23-unit condo complex on a 4.04-acre site at 95-99 Church Hill Road. On August 14, Mr Dauti filed an appeal against P&Z in Danbury Superior Court, seeking to have a judge order that the Edona Commons condo complex be built. The lawsuit against P&Z is pending in court. 

P&Z’s August 3 rejection of the project was the third time that the land use agency has turned down Mr Dauti’s multifamily development proposals for the site since 2003. All of the development proposals have drawn strong opposition from nearby property owners, who charge that the site is an inappropriate location for such development.

Following the August 2 ZBA hearing, ZBA members referred the matter to their attorney, citing the legal complexities of the application.

On September 20, ZBA member Alan Clavette, who served as chairman at the August 2 session, said that the hearing had been a difficult one, posing complex issues. The lot line revision that had been granted to the developer in 2003 created a nonconforming lot, Mr Clavette noted.

Also, a map that the developer had presented to ZBA to support his claims lacked certain pertinent information, Mr Clavette added.

Mr Clavette urged that the ZBA uphold Mr Benson’s ruling.

ZBA Chairman Charles E. Annett, III, said the 2003 lot line revision was in made in error, and consequently Mr Benson’s reversal of that revision should be upheld by the ZBA.

ZBA members then unanimously voted to uphold Mr Benson’s action, in effect rejecting Mr Dauti’s challenge to that decision.

A representative of Dauti Construction attended the ZBA session, but had no comment on the ZBA’s action, referring questions on the matter to attorney Ryan McKain, who represents the construction firm.

Mr McKain said September 21 that Mr Benson erred in his decision concerning the lot line revision. In view of the ZBA’s decision against Mr Dauti, the developer is reviewing his legal options, including a possible court appeal, Mr McKain said.   

At the August 2 ZBA hearing, Mr McKain had told ZBA members that Mr Dauti had invested $165,000 in seeking town approvals for the proposed condo complex. Mr McKain charged that Mr Benson did not have the authority to revoke the lot line revision that was granted in 2003.

In response, Mr Benson has said that maps of the lot line revision that were presented to the town by the developer in 2003 did not present a complete picture of the consequences of the lot line change. The 2003 lot line revision resulted in the illegal creation of a one-half acre lot in an area that has two-acre zoning, Mr Benson has said. Zoning permits, such as those granted for lot line revisions, can be revoked when they are found to be erroneous, he has said.

Dauti Construction also has a court appeal pending against the Water and Sewer Authority (WSA) because that agency did not directly approve a request for a sanitary sewer connection for the proposed condo complex. In the July 26 lawsuit, the developer seeks to have a judge force the WSA to provide sewer service for the complex.  

The developer has received a town wetlands permit for the project.