Date: Fri 24-Jul-1998

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-Lawsuit-Nicolosi

Full Text:

P&Z Sued Over Rejection Of Rezoning Bid

BY ANDREW GOROSKO

A local contractor unhappy with the Planning and Zoning Commission's (P&Z)

rejection of his third attempt to get land along Barnabas Road in Hawleyville

rezoned from "residential" to "industrial" has sued the P&Z, seeking to have a

judge order that the land be rezoned.

In a lawsuit filed July 20 in Danbury Superior Court, plaintiff Steve Nicolosi

of 28 Queen Street sues the P&Z in seeking to have the zoning for eight acres

on Barnabas Road and Hawleyville Road converted from residential zoning to

industrial zoning.

Attorney Randall Carreira of Bridgewater represents Mr Nicolosi in the

lawsuit. The town has an August 25 answer date in the case.

P&Z members July 1 turned down Mr Nicolosi's rezoning bid. Last January, P&Z

members decided not to consider a second request from Mr Nicolosi and others

to rezone the land, saying it was similar to his zone change proposal rejected

by the P&Z in June 1997.

In June 1997, when Mr Nicolosi had his initial zone-change request pending

before the P&Z, he indicated he wanted to build a pre-fabricated building for

various industrial uses, including space for businesses such as radon

reduction, plumbing, heating, ventilation and air conditioning.

In the lawsuit, Mr Nicolosi lists property owners John B. and Doreen Cash of

66 Barnabas Road and Elizabeth J. and Donald Leon Nichols of Nichols Road as

co-applicants for the zone change from Residential R-1 to Industrial M-4.

Nearby property owners William Arthur Ferry and Jeanette Ferry of Barnabas

Road, however, have strongly opposed Mr Nicolosi's various attempts to rezone

the property.

In the suit, Mr Nicolosi alleges there is no stenographic or recorded record

of the June 18 public hearing on his application as required by state law.

P&Z member Heidi Winslow excused herself from a June 18 hearing because she

has a conflict of interest in the application, according to Mr Nicolosi.

Member Lilla Dean, whose daughter owns property within 500 feet of the

property proposed for rezoning, didn't excuse herself and didn't disclose her

daughter's property ownership, creating a conflict of interest, according to

the lawsuit. Ms Dean voted against the rezoning proposal.

Mr Nicolosi alleges Ms Dean actively encouraged people in the area to organize

against the rezoning proposal. Mr Nicolosi alleges Ms Dean opposed the

proposal before the proposal was presented to the P&Z.

Mr Nicolosi said he wasn't given an opportunity to comment when P&Z members

criticized his proposal before they voted on it July 1.

The lawsuit notes that a transportation planning study on Hawleyville and the

town plan of development encourage industrial uses of Hawleyville.

Mr Nicolosi states he is a property owner in the area proposed for rezoning

and is adversely affected economically by the P&Z's rejection of it.

The P&Z's action was illegal, arbitrary and in abuse of its discretion, the

lawsuit states.

Through the lawsuit, Mr Nicolosi seeks to have the court sustain his appeal,

direct the P&Z to approve the zone change, and grant other relief.