A Wedge Hill Drive resident wants a judge to throw out a decision from the Planning and Zoning Commission that allowed a residential property to become commercial.
Daniel Wall filed an appeal in Superior Court in Milford Feb. 11 against the Planning and Zoning Commission, Belmar Farms, LLC and Salton Enterprises, Inc.
On Jan. 21, the commission approved a zoning map amendment submitted by Belmar Farms and Salton Enterprises.
The land in question, was zoned residential — and sits next to residential property Wall owns.
Belmar and Salton own a commercial strip that stretches to Wedge Hill Drive. They have plans to construct a four-building medical complex off Route 67. A portion of the property, toward Wedge Hill Drive, is supposed to be donated to Oxford so that a new library can be built.
Wall’s lawsuit lists Sally N. D’Souza as the owner of the commercial property. Dr. Anthony D’Souza, a cardiologist from Shelton, is the principal investor in Salton Enterprises.
The proposed zone change was met with vocal opposition from neighbors at several public hearings.
Nevertheless, the Planning and Zoning Commission approved the zone change, saying it was in harmony with the town’s comprehensive plan — a document that provides guidelines for land use.
The zone change had the support of First Selectwoman Mary Ann Drayton-Rogers, who attended the January Planning and Zoning Commission meeting.
At the time, she said the town installed a $1.6 million sewer extension to offset any aquifer concerns in that area.
She said project addresses residents requests for a medical and retail services in town.
“This is a positive thing,” she said. “The commission has done their job.”
However, Gregory Cava, the noted Roxbury land use attorney representing wall, said the zone change conflicts with the town’s comprehensive plan.
Cava’s court filing (posted below) accuses the Planning and Zoning Commission of spot zoning.
Wall said town officials ignored their zoning rules because they want part of the land for a new library.
“The zone change had everything to do with obtaining the five acres for the library,” he said.
Dr. D’Souza was also one of the local Democrats largest donors during the last campaign cycle — though it was just $1,000.
Wall said the medical complex could be built without converting the residential portion to commercial. Leaving the residential zone alone would provide a sensible buffer between the Route 67 commercial area and the Wedge Hill Road residential area, Wall said.
“There are valid legal reasons for the application to be denied,” Wall said.
Meanwhile, members of commission said the approval is consistent with the town’s economic and commercial strategies.
Pat Cocchiarella, chairman of the Planning and Zoning Commission said the board voted with the town’s best interest in mind.
“Now it is up to the courts to decide,” he said.
Town attorney Fran Teodosio could not be reached for comment.
All sides in the lawsuit are due in Milford Superior Court on March 30.