Second lawsuit filed in lakeside zoning dispute


 

LAKEVILLE — A second lawsuit has been filed in the case of a partially constructed large home started last year on the shore of Lake Wononscopomuc.

Anthony G. Bouscaren, a Manhattan attorney who owns property next door to Dean and Margaret Haubrich, has filed a suit dated Feb. 13 in Litchfield Superior Court against the town of Salisbury seeking an injunction against further construction, the denial of a certificate of occupancy and damages in excess of $15,000.

"I was reluctant to bring the suit," Bouscaren said in an interview. "But my view is if the town has rules, they ought to follow them."

At issue is the construction of a new home by the Haubrichs, who last year began tearing down most of their modest ranch on a small lakeside lot on the Millerton Road (Route 44) and replacing it with a larger, multi-story structure.

Since the Haubrichs’ original home sat on a lot that is smaller than current zoning allows and since portions of it are only 15 inches from the nearest property line, the home is considered legal but nonconforming.

In addition, the code governing structures for that zone requires a 25-foot setback from neighboring properties. That means the Haubrichs’ ability to expand it was and is substantially limited.

The controversy has mostly centered on language in the town’s zoning code that is unclear on what constitutes the expansion of a nonconforming use — especially vertical expansion of a structure.

The code states, "No non-conforming building or structure shall be altered, enlarged or extended in any way that increases the area or space of that portion of the building or structure which is non-conforming."

That prohibition extends to adding a second story to "that portion of a building which is non-conforming." At the suggestion of Chuck Andres, one of the town’s attorneys, the Planning and Zoning Commission last week passed regulations clarifying that the zoning code permits some vertical expansions of non-conforming uses. But that change is not retroactive and will not affect the status of Bouscaren’s lawsuit or that of another Haubrich neighbor, Ann Marie Nonkin.

Nonkin, who sued both the town and the Haubrichs last year after battling both the Planning and Zoning Commission and the Zoning Board of Appeals, said her case will likely go to trial within the next couple of months.

"We’re preparing to go to trial," Nonkin said in a brief interview. "Negotiations fell apart." Nonkin’s suit seeks an injunction against further building and removal of that portion of the Haubrichs’ new home that is nonconforming.

Jonathan Higgins, the longtime chairman of the Planning and Zoning Commission, said Monday he had only recently received a copy of Bouscaren’s lawsuit. Since he had not yet had a chance to read it, Higgins declined to comment.

Bouscaren and his wife live in New Canaan. They bought their lakeside home in 1999 as a weekend retreat and the couple, now in their 60s, plans to retire there soon.

But Bouscaren insists in his lawsuit that his "property value is diminished as the result of P&Z’s failure to enforce its own regulation." He scoffed at the notion that the zoning code as it existed last year allowed for vertical expansion.

"It’s very specific," Bouscaren opined. "The intent of the law is that you can’t expand a nonconforming use."

Bouscaren acknowledged that, if the zoning department ordered the Haubrichs to take down the nonconforming part of their house, the town would likely face a third lawsuit — this time from the Haubrichs themselves. So Bouscaren offered to contribute $1,000 toward a settlement.

"I suspect it can be worked out," said Bouscaren, a lawyer for the airline industry. "That’s what I do. My job is to settle lawsuits."

Bouscaren, who is acting as his own attorney, said he expects to hear back from Litchfield Superior Court soon. The return date on the lawsuit is March 13.

Latest News

Fresh perspectives in Norfolk Library film series

Diego Ongaro

Photo submitted

Parisian filmmaker Diego Ongaro, who has been living in Norfolk for the past 20 years, has composed a collection of films for viewing based on his unique taste.

The series, titled “Visions of Europe,” began over the winter at the Norfolk Library with a focus on under-the-radar contemporary films with unique voices, highlighting the creative richness and vitality of the European film landscape.

Keep ReadingShow less
New ground to cover and plenty of groundcover

Young native pachysandra from Lindera Nursery shows a variety of color and delicate flowers.

Dee Salomon

It is still too early to sow seeds outside, except for peas, both the edible and floral kind. I have transplanted a few shrubs and a dogwood tree that was root pruned in the fall. I have also moved a few hellebores that seeded in the near woods back into their garden beds near the house; they seem not to mind the few frosty mornings we have recently had. In years past I would have been cleaning up the plant beds but I now know better and will wait at least six weeks more. I have instead found the most perfect time-consuming activity for early spring: teasing out Vinca minor, also known as periwinkle and myrtle, from the ground in places it was never meant to be.

Planting the stuff in the first place is my biggest ever garden regret. It was recommended to me as a groundcover that would hold together a hillside, bare after a removal of invasive plants save for a dozen or so trees. And here we are, twelve years later; there is vinca everywhere. It blankets the hillside and has crept over the top into the woods. It has made its way left and right. I am convinced that vinca is the plastic of the plant world. The stuff won’t die. (The name Vinca comes from the Latin ‘vincire’ which means ‘to bind or fetter.’) Last year I pulled a bunch and left it strewn on the roof of the root cellar for 6 months and the leaves were still green.

Keep ReadingShow less
Matza Lasagne by 'The Cook and the Rabbi'

Culinary craftsmanship intersects with spiritual insights in the wonderfully collaborative book, “The Cook and the Rabbi.” On April 14 at Oblong Books in Rhinebeck (6422 Montgomery Street), the cook, Susan Simon, and the rabbi, Zoe B. Zak, will lead a conversation about food, tradition, holidays, resilience and what to cook this Passover.

Passover, marked by the traditional seder meal, holds profound significance within Jewish culture and for many carries extra meaning this year at a time of great conflict. The word seder, meaning “order” in Hebrew, unfolds in a 15-step progression intertwining prayers, blessings, stories, and songs that narrate the ancient saga of the liberation of the Israelites from slavery. It’s a narrative that has endured for over two millennia, evolving with time yet retaining its essence, a theme echoed beautifully in “The Cook and the Rabbi.”

Keep ReadingShow less
Housy baseball drops 3-2 to Northwestern

Freshman pitcher Wyatt Bayer threw three strikeouts when HVRHS played Northwestern April 9.

Riley Klein

WINSTED — A back-and-forth baseball game between Housatonic Valley Regional High School and Northwestern Regional High School ended 3-2 in favor of Northwestern on Tuesday, April 9.

The Highlanders played a disciplined defensive game and kept errors to a minimum. Wyatt Bayer pitched a strong six innings for HVRHS, but the Mountaineers fell behind late and were unable to come back in the seventh.

Keep ReadingShow less