The case involving the Town of Westport and Daybreak Nurseries over its use of land at its Main Street location that has upset neighbors, as expected, is heading back to court..
“The ZBA (Zoning Board of Appeals) put the kibosh on it,” Lawrence Weisman, attorney for the nursery, told WestportNow today. “They imposed draconian conditions that we could not accept.”
Weisman filed an appeal of the ZBA decision April 21 in Stamford Superior Court and notice of the action was received in the Town Clerk’s office Monday.
A Town Hall source had told WestportNow on April 16 that it was likely the case would end up back in court (See WestportNow April 16, 2004).
The ZBA this month took up a settlement between Daybreak and the town that resulted from a suit filed by the town after it had filed repeated cease-and-desist orders against the nursery.
The town contends that the nursery was using part of its property for commercial purposes, including log-splitting and topsoil sifting, prompting complaints from neighbors.
The appeal submitted by Weisman said the ZBA overstepped its authority by including in its decision a number of conditions that were not part of the settlement with the town.
Among them were requirements to build an 8-foot fence along the southern border, planting 8-foot trees along the border with neighbors, removing all heavy equipment, including a wood chipper, log splitter and soil sifter, and removing unusable diesel trucks.
Weisman said he believed it would be at least six months before the case is taken up again by the court.
Asked if there would be an attempt at an out-of-court settlement, he replied: “I dont know how to settle it. I thought it was settled. The ZBA improperly added conditions.”
Weisman said nursery owner David Harding had agreed to a number of conditions as part of the settlement at his urging.
“I think they (the ZBA) are being quite unreasonable,” he said. “The conditions they have imposed effectively would put him out of business.”
