Inchcliffe Drive Case Headed Back to Court

The Ledyard Zoning Commission voted Thursday to appeal a recent court ruling that overturned its decision not to approve a three-family dwelling that would have included one "affordable housing" unit at 83 Inchcliffe Drive.

The commission voted unanimously to request clarification of the "unclear, incomplete, and/or ambiguous portions" of New Britain Superior Court Judge Carl Schuman's decision reversing the board's denial of the project and to actively proceed with the appeal.

Gales Ferry developer Mark Coen requested zoning approval for the plan in 2010 after the town declined to grant him a variance needed to build a single-family dwelling on the site, which borders Smith Pond. No variance was needed under the rules that govern affordable housing projects.

The Zoning Commission cited public safety concerns, Coastal Area Management issues and suitability questions in a September 2010 decision that denied approval of the plan. Coen appealed the decision and on Oct. 19, Judge Carl Schuman ruled in his favor.

Coen says he purchased the one-acre lot in 2006 for $10,000. He has charged that opposition to his use of the parcel has been politically motivated.

Zoning Commission Chairman Eric Treaster, however, said what is at stake is the ability of developers to bypass local zoning regulations simply by adding an "afforable housing" component to their projects.

"Anyone can build a residential structure anywhere and totally ignore local zoning regulations," Treaster said. "If someone had five acres in Ledyard Center they could build a mobile home park and they could put them three feet apart if they wanted to. They wouldn't even have to provide parking," he said.

Town Councilor Bill Saums expressed a similar concern Wednesday, after the council discussed the matter in executive session.  “The outcome of this case can affect land use planning in every town in the state,” he said.