The Zoning Board of Appeals met on July 9 to hear opposition to a special permit issued to a local cabinet maker, but the meeting didn’t turn out as expected.
At the start of the meeting, board member Leny K. Wallen-Friedman made a motion to delete an agenda item to “discuss/review” an objection to a special permit the Planning and Zoning Commission issued on May 28 to local cabinet maker Frank Lisi to relocate his business to a detached barn on his property at 450 Sport Hill Road.
It appears that the ZBA does not have the statutory authority to hold a public hearing to hear objections to a special permit issued by a Planning and Zoning Commission.
During the meeting, Justin Giorlando, the town’s land use consultant, told ZBA members that per town counsel they did not have the authority to discuss/review the special permit. They were advised to remove the agenda item because discussing it “can potentially lead to litigation against the town.”
According to town counsel, ZBA’s authority under state statute is limited to hearing variances and appeals of a zoning official’s actions. Appeals of Planning and Zoning Commission decisions about special permits are filed with the superior court.
But ZBA chairman Victor George remained steadfast in trying to allow the board to vote on whether or not the board should discuss the special permit at its next regularly scheduled meeting. After reading from sections of the Connecticut zoning statutes that outline the power of the ZBA, George argued “we have jurisdiction over this, I think, to hear it and decide accordingly whether this is correct or not.”
He said based on his interpretation of the law anyone can file an appeal, and the ZBA does have the power to hear an appeal of a special permit.
“Different lawyers can have different opinions, and that’s why I’m bringing it here, because I want the board to decide whether we hear this or not,” said George.
One member argued that the board should not discuss a special permit that is currently the subject of a lawsuit. The Zoning Board of Appeals is named in a lawsuit filed by a town resident in Bridgeport Superior Court, challenging the special permit.
Ultimately the board voted 3 to 1 to remove the item from the agenda. George abstained. Before the meeting was adjourned, board member Lisa Burns, who voted against removing the item from the agenda, introduced a motion to allow for public comment or input on any issue. After George seconded the motion, it was denied by a 3-2 vote.
Some residents, including former ZBA chairman Tom Dollard, attended the meeting, hoping the ZBA would hear their opposition to the special permit. They argue it violates zoning regulations and will invite unwanted commercial development to Easton.
“I thought it was unfortunate that the entire meeting was canceled,“ said Dollard. “I believe that aggrieved citizens could be heard by the board if they file an appropriate appeal.”
Dollard opposes Lisi’s special permit because he says it allows commercial development in a town with residential zoning.
“What the town has done is let them build on a non-conforming lot to make it into a factory to produce cabinets and furniture,” said Dollard. “We are not geared in this town to have a base of industrial production.”
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