Resident Appeals Denial Of Property Division

By Andrew Gorosko

A local man has filed a court appeal against the Planning and Zoning Commission (P&Z) and against three individual town land use officials over his failure to get authorization for a requested division of property he owns on Riverside Road in Sandy Hook.

Barry W. Southard of 31 Cold Spring Road filed his lawsuit on April 22 in Danbury Superior Court. Defendants in the case are the P&Z; Harry Fitzgerald, the land use enforcement officer; Gary Frenette, the zoning enforcement officer; and Jean St Jean, the zoning coordinator and liaison official.

Such disputes over the decisions of town zoning officials more commonly are submitted as appeals to the town’s Zoning Board of Appeals (ZBA).

According to the legal papers, Mr Southard owns an approximately 25-acre land parcel in an R-2 zone at 117 Riverside Road, which he wants to divide into two parcels, representing the “first division” or “first cut” of that property since the town’s subdivision regulations took effect in 1956.

Mr Southard submitted an application for the first division of the property to Mr Fitzgerald last December 23, according to the appeal.

“The proposed first division divides the property into two parcels, each of which exceeds two acres in area, and each of which meets all applicable area, height, and yard requirements contained in the regulations,” according to the appeal.

The steep parcel at 117 Riverside Road contains a house. Dividing the parcel into two parcels would split the land into two building lots, creating a legally sanctioned place to build a second house.

Riverside Road runs parallel to the westbound lanes of Interstate 84. The property at 117 Riverside Road is on the west side of Riverside Road, between Riverside Road’s intersections with Timbermill Road and Bancroft Road.

In the legal papers, Mr Southard states that unless a judge decides the issue, he may be legally harmed by being unfairly and improperly deprived of his property rights.

Through the legal action, Mr Southard seeks to have a judge order the town to approve his requested first division of the land parcel. He also seeks to recover his lawsuit-related costs from the town.

 Attorney Ward J. Mazzucco of Danbury represents Mr Southard in the legal action. The town has a May 20 court return date in the case.