The owner of properties planned for a mixed-use development at the edge of downtown New Canaan last week filed a motion to intervene as defendant in an active lawsuit regarding the Planning & Zoning Commission’s approval of the project. Tom Sanseverino has joined P&Z as a defendant in an appeal brought by neighbors regarding a 12-unit residential building and 315-square-foot commercial space planned for Husted Lane, a short dead-end that runs behind the northwest corner of Locust Avenue Lot. The plaintiffs— a limited liability company that owns 46 Main St. and the Oenoke Association, whose condos are located on Heritage Hill Road—are seeking to undo P&Z’s October approval of multiple applications filed on Sanseverino’s behalf.
Initially filed last November, the suit appears to have been re-filed Jan. 5 in two separate complaints, according to Connecticut Judicial Branch records—one appealing Special Permit and site plan approval, the other appealing a zoning boundary change.
According to the latter complaint, P&Z’s approval of the applicant’s request to change the zoning boundary from the B Residence Zone to the Retail B Zone “was illegal, unlawful, arbitrary” and in abuse of the Commission’s powers.