ZBA Decisions  Spark Two Court Appeals

By Andrew Gorosko

Recent decisions by the Zoning Board of Appeals (ZBA) have drawn two court appeals against the land use agency over actions that it took concerning applications for two separate properties on Taunton Hill Road in Dodgingtown, and on Great Quarter Road in Sandy Hook.

In a lawsuit filed June 23 in Danbury Superior Court, Helen and William J. Drake of 166 Taunton Hill Road appeal the ZBA’s June rejection of a zoning variance that the Drakes sought concerning property at that address.

 In that decision, ZBA members unanimously voted to deny an application for a zoning variance because the situation at hand did not amount to a “hardship,” as is required for granting zoning variances. Also, the ZBA decided that granting the requested zoning variance would create a building lot which does not conform to applicable zoning regulations.

The Drakes own 4.4 acres and a single-family house at 166 Taunton Hill Road. The property has 31 feet of frontage on Taunton Hill Road, and 227 feet of frontage on Dodgingtown Road. The house on the site was built in 1950, eight years before the town approved zoning regulations. The house is located on the section of the site closer to Taunton Hill Road. The house is linked to Taunton Hill Road by a 435-foot-long driveway. The property is located in an R-1 (residential) zone.

The land near the existing house sits on a plateau; the land near Dodgingtown Road is on a lower plateau, according to the legal papers.

Through their ZBA application, the Drakes sought to create a second building lot on the 4.4-acre site on the lower plateau nearer Dodgingtown Road.

The Drakes claim that the ZBA’s rejection of creating a second building lot on the site was illegal, arbitrary, and in abuse of its discretion.

Through the lawsuit, the Drakes seek to have a judge order that they receive a zoning variance to create a second building lot.

Attorney Robert Hall represents the Drakes. The town has a July 26 court return date in the appeal.

     

Great Quarter Road

In a separate appeal filed June 22 in Danbury Superior Court, Joan and Frank Viola of 320 Great Quarter Road challenge the ZBA’s June action, which upheld the decision of the town zoning enforcement officer concerning adjacent property at 322 Great Quarter Road, which is owned by Josephine and Jack Gaida. The ZBA and the Gaidas are named as defendants in the lawsuit.

According to the legal papers, on November 3, 2004, the Gaidas sought town approval to construct a second-story addition at the house at 322 Great Quarter Road in a R-1 (Residential) zone, and later received a building permit to do so.

In June, the ZBA ruled on an application from the Violas which claimed that the zoning enforcement officer had erred in handling the Gaida’s house expansion project. The ZBA upheld the zoning enforcement officer’s actions in the case.

The ZBA unanimously decided that the Viola’s ZBA application was not timely and did not meet a filing deadline. Also, the ZBA decided that no evidence was presented to show that the enforcement officer failed to research the case.

In their court appeal, the Violas allege that the ZBA acted arbitrarily, illegally, and in abuse of its discretion in ruling against them.

Through the lawsuit, the Violas seek to have a judge nullify the building permit which allowed the Gaidas to build the second-story house addition.

The Violas are represented by attorney Stephen Studer of  Milford. The town has a July 26 court return date in the case.