FOR IMMEDIATE RELEASE:
January
29, 2003
Homeowners Group Files Lawsuit Against Town Regarding New Floor
Area Ratio Regulations
Greenwich
homeowner and President of the grass roots organization known as the “Concerned
Homeowners of Greenwich”, Alan Small, along with a group of homeowners, has filed a
lawsuit against the Planning and Zoning Commission (P&Z) of the Town of Greenwich
responding to the recently enacted floor area ratio (“FAR”) regulations adopted
by P&Z on January 7, 2003. The regulations are being challenged because they do not
address any of the goals set for them, appear arbitrary, and are not rationally related to
any of the purposes. This appears to be
an unconstitutional violation of individual property rights. The actions of the Commission left homeowners with
legal action to appeal the FAR decision as the only alternative available to protect their
property rights.
The
Concerned Homeowners have successfully sued sued the P&Z
on this issue before. On In
April 19,, 2002, the Stamford Superior Court, declared the FAR
regulations passed by the P&Z in 1998 “null and void”.
Since 1998,
public Ddiscontent over the FAR regulations in the Town of
Greenwich has been building. Even though the
FAR regulations were in practical effect from 1998 to 2002 the P&Z could not point to
any information to demonstrate that they were working to meet any goals set for them. Since April, 2002, iAt
public hearings held by P&Z on FAR the majority of Greenwich homeowners speakers who took the podium spoke against the reenactment of the FAR
amendments as did the Conservation Commission, an advisory commission to P&Z. Members of the Members of the
Representative Town Meeting (RTM) Land Use Committee asked the P&Z to consider
alternative methods. Finally, Greenwich’s
legislative body, The the RTM, itself
votedvoted by
a two to one margin to approve approving a resolution requesting P&Z rethink the regulations.
The resolution that specifically asked P&Z to define the problem
that led to the passage of the 1998 FAR regulation and consider the concerns of Greenwich
residents in developing an equitable regulation, through analysis of several alternatives,
that protects the property values of all homeowners.
The Concerned Homeowners believe that the P&Z has not followed that RTM
resolution or listened to speakers at its “hearings” and is working to an
outdated agenda. take a
step back and define the problem and develop fair and equitable regulations that support
the property values of every homeowner in town
The FAR
regulations hurt Greenwich homeowners for many reasons, according to Small. The regulations create many numerous
inequities that frustrate and impede the legitimate growth needs of homeowners, and yet fail to address P&Z’s stated concern regarding streetscape.. Furthermore, he says,
their unfair application to undersized lots and lots in conservation zones results in an
undue penalty to the owners of such homes that may reduce their property value. Finally, P&Z’s recent inclusion of attics
and basements in the FAR substantially reduces allowable FAR for most homeowners, rather
than providinge relief from FAR limitations, as was the stated
intention of P&Z when it passed the amended definitions
regarding attics and basements in April 2002..
Despite these concerns of Greenwich homeowners, the P&Z reenacted the FAR
amendments and they became effective upon publication on January 14th, 2003. From that date, there was a
time limit of fifteen days to file an appeal and The Concerned Homeowners filed their complaint on January 29, 2003, within
the fifteen-day statutory time limit from date of publication, within
the statutory time limit and will be heard by the Stamford Superior Court. Taxpayers of the Town will again have to pay the
legal defense of a Commission decision that appears to not meet statutory requirements. A legal challenge is being used to determine
whether the regulation is proper. This would
appear to be a misuse of the public trust and funds with unnecessary litigation as the
outcome chosen by the P&Z rather than dealing with the legitimate concerns of its
taxpayers.
For more
information and to review the text of the Appeal go to www.greenwichfar.com or call 622-1250
JANUARY 29,
2003
GREENWICH,
CONNECTICUT
