Date: Fri 09-Jul-1999

Publication: Bee

Author: ANDYG

Quick Words:

ZBA-lawsuit-Platts-Hill

Full Text:

Lot Line Revision Draws Neighbors Lawsuit

BY ANDREW GOROSKO

Four Platts Hill Road property owners have sued the Zoning Board of Appeals

(ZBA) in a neighborhood dispute concerning commercial vehicle storage on a

residential property in the Arlyn Hollow subdivision.

The plaintiffs are Clara K. Miller, Paul J. Knapik, Anthony T. Bonacci and

William R. Leinert, who own property at 48, 55, 45 and 44 Platts Hill Road,

respectively.

In the lawsuit filed in Danbury Superior Court, the plaintiffs appeal the

ZBA's denial of their application for the correction of an alleged error by

the zoning enforcement officer regarding the officer's approval of a lot line

revision in the Arlyn Hollow subdivision.

The plaintiffs each own properties that either abut or are located within 100

feet of the properties of Dennis and Joan Bennett at 51 Platts Hill Road, and

the property of Arthur Bennett, Trustee, at 47 Platts Hill Road, the suit

states.

On February 24, the plaintiffs applied to the ZBA to correct an alleged error

of the zoning enforcement officer who had approved a lot line revision at 51

Platts Hill Road, the suit states.

The plaintiffs contend that the lot line revision made by the officer was

effectively a resubdivision of property which allowed a 900-square-foot

garage/barn for commercial vehicle storage to remain standing, which otherwise

would have had to be removed under the terms of the 1988 Arlyn Hollow

subdivision approval.

The lot line revision repositions the lot line separating 47 Platts Hill Road

and 51 Platts Hill Road. The revision would allow the garage/barn to remain

standing by changing the garage/barn's address from 51 to 47 Platts Hill Road,

thus evading the requirement that the building be removed from 51 Platts Hill

Road, according to the lawsuit.

The plaintiffs claim the zoning enforcement officer does not have the

authority to make such a lot line revision. The lawsuit contends the ZBA

exceeded its authority because lot line revisions, such as the one made by the

zoning enforcement officer, are under the authority of the Planning and Zoning

Commission (P&Z).

Through the lawsuit, the plaintiffs seek to have a judge nullify the lot line

revision.

The ZBA has a July 27 court answer date.