Connecticut Post

Board to take up revoked permit for 177 apartments

- By Brian Lockhart STAFF WRITER

BRIDGEPORT — Nearly three months after city officials revoked the zoning permit for constructi­on of a 177-unit apartment complex at the former Testo’s restaurant site, the city will host a series of public hearings this week on whether that project should be allowed to proceed.

The zoning board of appeals in an unusual move is scheduled to convene Wednesday and Thursday just to hear testimony for and against the North End developmen­t, an indication of an anticipate­d sizeable turnout.

“That is surprising,” Stephen Bellis, the New Haven-based attorney hired by developer Amit Lakhotia and his Avon Commons limited liability corporatio­n, said Monday. “I didn’t request that . ... I’m kind of concise and to the point.”

The opposition, on the other hand, may not be. City Councilwom­an Jeanette Herron said she and her colleague Aikeem Boyd, have been pushing to boost turnout at the City Hall meetings, which will each begin at 6 p.m.

“I’m trying to get that place full if we can,” Herron said. “The North End is no longer going to have things stuffed down our throats.”

At issue is the July 27 decision by Paul Boucher, head of the municipal zoning department, to revoke the authorizat­ion his office issued last October for Lakhotia’s developmen­t, located at Madison and Westfield avenues.

The original permit was sought and obtained by Bridgeport-based contractor John Guedes, and prior restaurant owners Mario Testa, longtime Bridgeport Democratic Party chairman, and Testa’s nephew, Ralph Giacobbe, with representa­tion by the local Russo & Rizio law firm.

That zoning applicatio­n was submitted in late 2021, before new, more restrictiv­e citywide land-use regulation­s took effect the following January that would limit the proposed four-story building’s height to three and require ground floor commercial tenants.

The sale to Lakhotia and subsequent closure of Testo’s were announced last November, although that $3.5 million deal did not close until April. It included a handful of neighborin­g vacant residentia­l properties owned by Testa and Giacobbe.

Soon after, fencing and a sign advertisin­g the future apartments were erected around the site,

raising questions about whether such a large redevelopm­ent would require a public hearing and subsequent vote by the city’s zoning commission.

In early May Mayor Joe Ganim’s office told Hearst Connecticu­t Media the zoning applicatio­n from December 2021 had met the regulation­s in place at that time and had been issued. Guedes remained involved as Lakhotia’s contractor.

As a result, neighbors of Testo’s and elected officials and activists from that North End area pressured Ganim’s administra­tion to intercede and either reduce the developmen­t’s size or stop it altogether.

Ganim, a Democrat running for reelection and

a close ally of Testa’s, in early May announced he agreed with critics of the project and asked the municipal law department to analyze the situation.

Boucher based his July 26 revocation on a municipal legal opinion also released that same day that found deficienci­es in the approval process attributed to zoning department staff and the applicants.

But by that point not only had the zoning permit been in place for several months, but the building department had issued an authorizat­ion for a foundation in midMay and demolition permits July 17.

The loss of the zoning approval resulted in the foundation permit also being revoked. But the demolition of Testo’s and the vacant homes continued.

Bellis in mid-August filed an applicatio­n with the zoning board of appeals, the first stop before Lakhotia can take Bridgeport to court.

As previously reported, Bellis is asking the appeals board to consider the legal concept of “municipal estoppel” as one reason for allowing his client to move ahead with constructi­on. Estoppel is a legal argument against “alleging or denying a fact because of one’s own previous actions or words to the contrary.”

“That kind of prevents a town from pulling the rug out from somebody once they’ve already issued an approval,” Bellis said in August.

“Especially if the person had nothing to do with the applicatio­n (but) relied on that approval and then spent time and money after getting a letter saying the project was approved.”

He at the time continued, “I represent an innocent purchaser of the property. (He) did his due diligence and a letter was written by the zoning department saying he had approvals and he goes ahead and purchases the property for over $3 million and gets a $14 million constructi­on loan based on those approvals.”

The applicatio­n Bellis filed with the zoning board of appeals also claims “there are vested rights to build under a building permit and the municipali­ty is not allowed to revoke the permit by making a different interpreta­tion of the regulation­s ... particular­ly where on faith of it the owner has incurred material expense and substantia­l liabilitie­s.”

The board is made up of volunteers appointed by the mayor and City Council. According to its website, four of the seven members’ terms have expired and a fifth’s expiration date is not listed.

Herron believes the board will “do the right thing” and deny the appeal.“I am confident,” she said.

Bellis acknowledg­ed the possibilit­y that board members might be swayed by vocal opposition to the apartments even if his legal arguments are sound.

“But I don’t know that to be true. Maybe not,” he said. “It’s always a concern that attorneys have with any applicatio­n, not just this one in particular.

“... That’s why if we’re not successful you can then go to the Superior Court. That’s your remedy.”

 ?? Brian A. Pounds/Hearst Connecticu­t Media ?? Demolition is underway on the former Testo’s Restaurant on Madison Avenue in Bridgeport on July 26.
Brian A. Pounds/Hearst Connecticu­t Media Demolition is underway on the former Testo’s Restaurant on Madison Avenue in Bridgeport on July 26.

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