A resident, who owns property abutting the 29-acre Mt Pleasant Road site where a developer recently gained Borough Zoning Commission (BZC) approval to construct a controversial 29-unit condominium complex, is challenging that development approval in state Superior Court in Danbury.

In an administrative appeal dated February 27, Dr Robert Grossman of 49 Mt Pleasant Road, represented by attorney Christopher Winans, names the BZC and developer Hunter Ridge, LLC as defendants. Through the lawsuit, Dr Grossman seeks to have the construction approval for the project known as Rochambeau Woods nullified by a court order. The court return date is March 21.

BZC Chairman Douglas Nelson had no comment on the lawsuit on March 1.

In February, BZC members approved a special permit and a site development plan for Rochambeau Woods, where 29 individual buildings would be clustered near Mt Pleasant Road at the site at 41, 43, 45, and 47 Mt Pleasant Road. That property extends downward to Taunton Lake, where it has about 450 feet of lake frontage.

Almost 70 percent of the site would remain as undeveloped open space land under the terms of the BZC's residential open space development (ROSD) zoning regulations. That open space, which would be protected by an easement, would be available for use by the condo complex's residents and their guests, but not the general public.

At two BZC public hearings that proceeded the zoning approval, the plans drew criticism from nearby property owners, who charged that the complex's presence would create various problems in the neighborhood, involving traffic, noise, decreased property values, and the prospect of raucous teenage parties occurring near Taunton Lake.

At those two hearings Dr Grossman strongly criticized the proposal. His concerns included the prospect of teenage residents of the complex and their friends having parties near the lake involving loud music and beer drinking. Also, the presence of the condo complex would result in traffic problems in the area, he charged. Additionally, the complex would be out of architectural character with the area, which contains single-family houses, he added.

Rochambeau Woods is the largest residential project approved in the borough in decades. A representative of Hunter Ridge has said the project likely would be acquired and built by another development firm, possibly Toll Brothers, Inc.

Lawsuit Details

In the administrative appeal, Dr Grossman alleges that the BZC's actions in approving the development proposal were "illegal, unlawful, arbitrary, and/or capricious, and in abuse of the powers vested in the BZC."

The legal papers list numerous ways in which the BZC allegedly erred in approving Rochambeau Woods, charging that the applicant did not produce sufficient evidence to show that the proposal met applicable regulations; the application did not conform to the standards listed in the zoning regulations; and the decision to approve the project and the accompanying conditions of approval are vague, defective, unenforceable, unclear, and incomplete; among many other complaints.

In approving the project on February 8, BZC members unanimously decided that the architectural design of Rochambeau Woods harmonizes with architecture in the neighborhood and protects property values in that area; the project poses no health or safety hazards to the area; the development plans conserve as much natural terrain and vegetation as possible through the use of a conservation easement; the project avoids excessive lighting and excessive noise problems; the site plans meet the intent and the spirit of the ROSD zoning regulations that seek to maximize open space preservation at a site; the public utilities and stormwater drainage plans for the property are well designed; the streets and driveways at the site are suitable for their intended use; and the project conforms to the borough's zoning regulations and other applicable regulations.

Additionally, BZC members decided that the project will not create traffic hazards on existing streets in the area, and that the project's design is consistent with the town's 2014 Plan of Conservation and Development, among other findings.

The site has a long history as a location proposed for residential development. More than a decade ago, the property was proposed as the site for a 14-lot subdivision of single-family houses. A decade-long court case, which challenged the proposed subdivision on environmental grounds, eventually was resolved by the Connecticut Supreme Court. That court decision set the stage for the condo complex application.

The condo complex would not have age restrictions for its residents.