Judiciary vs. Greenwich P&Z
Far Out?
The recent Appellate Court decision in Poirier vs. Town of Wilton may finally drive a stake through our own town’s Floor Area Ratio regulations. The homeowners in Poirer bought a house in a subdivision originally approved in 1954. In 1999, they sought to add on a garage and a breezeway but were turned down because the addition would exceed Wilton’s maximum coverage allowance, an amendment added to Wilton’s zoning code after 1954. The homeowners appealed, claiming that under Connecticut law (C.G.S. §8-26a(b), Wilton was prohibited from enforcing regulations stricter than those that were in effect when the subdivision was approved. A unanimous Appellate Court agreed with the homeowner and, unless our state’s Supreme Court reverses, Greenwich’s own FAR regulations may be doomed. Here’s why:
There are dozens of subdivisions in Greenwich which, Poirier says, cannot be further restricted by new regulations like FAR. I don’t expect our zoning board to give in gracefully on the issue, but if they try to enforce the FAR on, say, Cat Rock Road but leave Old Stone Bridge alone (as an approved subdivision) an excellent argument could be made that the law was being applied in an arbitrary and capricious manner—a fatal flaw.
If the Appellate Court’s decision stands, there will be some interesting complications for every town. A home built in Havemeyer, for instance, might be regulated by zoning laws in effect right after WWII while a home in Sherwood Farms would be subject to the zoning code of 2001.
The court’s decision mentions “vested rights” (which cannot be taken away without due process and, perhaps, compensation) but it primarily focuses on “legislative intent”. It is possible, therefore, that the law can be re-written to make a uniform zoning code once again applicable throughout an entire town. Until and unless that happens, though, I think Greenwich will either ditch its FAR regulations or spend more on legal fees than it presently devotes to the school budget. Almost nothing could lure me back into practicing law, but a rich town like Greenwich trying to enforce what appears to be an illegal law sounds like a slam-dunk way to put my kids through college. Interested readers can find the case at: http://www.jud.state.ct.us/external/supapp/Cases/AROap/AP75/75ap202.pdf
Hello, I’m Russ and I’ll be Your Waitron Tonight
Russell Pruner and his associates have changed their name to “Shore & Country Real Estate”. I understand that Russ gave (almost) no consideration to the more obvious alternative, “Surf & Turf”.
North Street Beauty
Pat Cameron (Coldwell Banker/Curtis) has a new listing at 392 North Street, a 1900 center hall colonial renovated in 1998. It’s very, very nice. 5,000 SF, 1.8 acres of lawn, pool, huge kitchen, wrap around porch (“veranda” to speak Realtorese), six bedrooms and so on. I overheard a fellow agent say, “I’ve finally found my dream house” and I believed her.
Life After Death
Sharon Kinney’s $10,900,000 listing at 516 North Street has gone to contract. This was a truly outstanding, 12,450 SF whopper of a house: custom-made bricks, incredible quality throughout and well deserving of its price, but the most encouraging news is that there is still a market for houses in that price range.
Riverside North
The nicest house currently on the market in the $1.3 range is Mandy Fry’s listing at 74 Old Orchard Road in Riverside. An acre of privacy (and for more FAR lunacy, consider that you could build a 13,000 SF house on this site—larger than permitted in the 4 acre zone) and a beautifully renovated home. It’s a great house as is and an excellent value.
Cary Road Update
I recently suggested that Cary Road was “the worst street in Riverside”. Bad decision, as several of its outraged residents have informed me. It is true that the street has many virtues, offering a wonderful river life and good solid neighbors. I recommended the house in question to several of my clients and one of them made a substantial, albeit unaccepted offer on the place. But, while my labeling it as the worst street east of the Mianus was undeserved, surely even Cary Road supporters would agree that the street’s ambiance would be improved if residents eschewed rusty chain link fencing as property boundaries and substituted more traditional white picket fences. So what IS the worst street in Riverside? Readers are invited to nominate their (least) favorite roads and if I ever again lose my mind, I’ll print them.
The recent Appellate Court decision in Poirier vs. Town of Wilton may finally drive a stake through our own town’s Floor Area Ratio regulations. The homeowners in Poirer bought a house in a subdivision originally approved in 1954. In 1999, they sought to add on a garage and a breezeway but were turned down because the addition would exceed Wilton’s maximum coverage allowance, an amendment added to Wilton’s zoning code after 1954. The homeowners appealed, claiming that under Connecticut law (C.G.S. §8-26a(b), Wilton was prohibited from enforcing regulations stricter than those that were in effect when the subdivision was approved. A unanimous Appellate Court agreed with the homeowner and, unless our state’s Supreme Court reverses, Greenwich’s own FAR regulations may be doomed. Here’s why:
There are dozens of subdivisions in Greenwich which, Poirier says, cannot be further restricted by new regulations like FAR. I don’t expect our zoning board to give in gracefully on the issue, but if they try to enforce the FAR on, say, Cat Rock Road but leave Old Stone Bridge alone (as an approved subdivision) an excellent argument could be made that the law was being applied in an arbitrary and capricious manner—a fatal flaw.
If the Appellate Court’s decision stands, there will be some interesting complications for every town. A home built in Havemeyer, for instance, might be regulated by zoning laws in effect right after WWII while a home in Sherwood Farms would be subject to the zoning code of 2001.
The court’s decision mentions “vested rights” (which cannot be taken away without due process and, perhaps, compensation) but it primarily focuses on “legislative intent”. It is possible, therefore, that the law can be re-written to make a uniform zoning code once again applicable throughout an entire town. Until and unless that happens, though, I think Greenwich will either ditch its FAR regulations or spend more on legal fees than it presently devotes to the school budget. Almost nothing could lure me back into practicing law, but a rich town like Greenwich trying to enforce what appears to be an illegal law sounds like a slam-dunk way to put my kids through college. Interested readers can find the case at: http://www.jud.state.ct.us/external/supapp/Cases/AROap/AP75/75ap202.pdf
Hello, I’m Russ and I’ll be Your Waitron Tonight
Russell Pruner and his associates have changed their name to “Shore & Country Real Estate”. I understand that Russ gave (almost) no consideration to the more obvious alternative, “Surf & Turf”.
North Street Beauty
Pat Cameron (Coldwell Banker/Curtis) has a new listing at 392 North Street, a 1900 center hall colonial renovated in 1998. It’s very, very nice. 5,000 SF, 1.8 acres of lawn, pool, huge kitchen, wrap around porch (“veranda” to speak Realtorese), six bedrooms and so on. I overheard a fellow agent say, “I’ve finally found my dream house” and I believed her.
Life After Death
Sharon Kinney’s $10,900,000 listing at 516 North Street has gone to contract. This was a truly outstanding, 12,450 SF whopper of a house: custom-made bricks, incredible quality throughout and well deserving of its price, but the most encouraging news is that there is still a market for houses in that price range.
Riverside North
The nicest house currently on the market in the $1.3 range is Mandy Fry’s listing at 74 Old Orchard Road in Riverside. An acre of privacy (and for more FAR lunacy, consider that you could build a 13,000 SF house on this site—larger than permitted in the 4 acre zone) and a beautifully renovated home. It’s a great house as is and an excellent value.
Cary Road Update
I recently suggested that Cary Road was “the worst street in Riverside”. Bad decision, as several of its outraged residents have informed me. It is true that the street has many virtues, offering a wonderful river life and good solid neighbors. I recommended the house in question to several of my clients and one of them made a substantial, albeit unaccepted offer on the place. But, while my labeling it as the worst street east of the Mianus was undeserved, surely even Cary Road supporters would agree that the street’s ambiance would be improved if residents eschewed rusty chain link fencing as property boundaries and substituted more traditional white picket fences. So what IS the worst street in Riverside? Readers are invited to nominate their (least) favorite roads and if I ever again lose my mind, I’ll print them.
posted by Chris Fountain at 1:18 PM
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