Neighbors told to take rock-crushing complaint to Superior Court
Corporation Counsel John Marini told the 27 people who attended the virtual meeting that the inaction of a Zoning Code Enforcement officer “is not a decision or ruling that can be challenged before the Zoning Board of Appeals.”
ANSONIA — A virtual hearing, in which neighbors were prepared to discuss the rockcrushing operation of Burns Construction, ended quickly Monday night when they were told to take their complaint to Superior Court.
Corporation Counsel John Marini told the 27 people who attended the virtual meeting that the inaction of a Zoning Code Enforcement officer “is not a decision or ruling that can be challenged before the Zoning Board of Appeals.”
He said a Connecticut Supreme Court ruling involving Darien gave the Superior Court and not the ZBA jurisdiction over such issues. He said the proper course of action is to file a “writ of mandamus” in state Superior Court which, if approved, would require the city to take action
Additionally, Marini said the the timeline for challenging the permit issued in February approving Burns’ work has long passed.
As a result, the four Zoning Board of Appeals members who attended the meeting voted to dismiss the application filed by Kevin Cursaeden, a Milford lawyer representing the recently formed Westwood Association.
“I completely disagree with city counsel’s position on it,” Cursaeden said after the meeting. “The ZBA has authority to hear this matter. I think the city doesn’t want the facts coming out.”
As to whether he will file a Superior Court complaint, Cursaeden said he would have to confer with his clients.
Those clients include Andrew Mark, whose father operated Mark Hardware for decades on Main Street, and Leonard Marazzi, a former Amity High School football coach.
Both claim noise, dust and fumes generated by the operation have impacted their lives. They submitted a petition signed by more than 100 West Side and lower North End residents.
The Westwood Association claims that rock crushing on the Riverside Drive site was found to be in violation of zoning laws and determined illegal as far back as 2002.
Both Marini and Cursaeden agree a permit was issued to Burns in February but Cursaeden said no notice was given to the neighbors. The Milford lawyer said he only learned of its existence last month.
As for Marini’s argument that the time to challenge the permit has lapsed, Cursaeden believes that there is wording in one of Gov. Ned Lamont’s COVID-19 executive orders that extended the time for appeals while city government and the state courts were shut down.
Marini offered to meet with Cursaeden and review any legal precedent that supports the neighbors’ claims.
The neighbors who attended Monday night’s virtual meeting were not given the opportunity to address the ZBA.