Community Corner

Stefanonis File Suit to Overturn Town's Moratorium

The lawsuit is the couple's latest attempt to reverse Darien's four-year reprieve from 8-30g affordable housing appeals.

Developers Chris and Margaret Stefanoni have filed suit against Town Hall and the Department of Economic and Community Development to have Darien's affordable housing moratorium overturned, according to a complaint submitted to state Superior Court in Stamford.

The lawsuit [read], dated May 25, is the latest effort by the couple to nullify Darien's four-year reprieve from Connecticut General Statute 8-30g, which after a lengthy application process.

Specifically, the Stefanonis are seeking a judgment that units at Clock Hill Homes do not meet the law's affordability threshold and that the moratorium should therefore be revoked.

Find out what's happening in Darienwith free, real-time updates from Patch.

In order to encourage affordable housing construction, 8-30g offers developers a favorable appeals mechanism for such projects. Many local officials — including more than a few from Darien — by developers, who enjoy the upper hand in the application process and can pursue projects that would otherwise die before planning and zoning commissions.

Towns where at least 10 percent of housing qualifies as affordable are exempt from the law, but those that fall short of the mark can still earn a four-year moratorium by demonstrating a two percent increase in affordable stock.

Find out what's happening in Darienwith free, real-time updates from Patch.

In October, the DECD ruled that Darien had done just that despite arguing otherwise. But the developers, who are engaged in against the town over 8-30g proposals, have continued to press their case since then.

Shortly after the ruling, both the Stefanonis and land use attorney Tim Hollister at Clock Hill and whether its units could actually be counted toward a moratorium. Without Clock Hill's 30 "points," the town would be short of the two percent threshold.

The department  after it received a letter from Hollister but with town officials, who .

Later, in March, the Stefanonis reiterated those arguments when they to invalidate its Clock Hill rationale.

Echoing , the department denied the couple's petition on the grounds that "they have not submitted any applications for affordable housing developments in the Town of Darien since the granting of the moratorium" and that the declaratory ruling process cannot be used to "prompt reconsideration by DECD" [read].

"The issue must now go before a judicial authority that will not avoid the facts under the pretense of procedural ground," Chris Stefanoni said in a statement after the denial.

"If the town says I cannot challenge the moratorium unless I have a new application, then that can be fixed in a jiffy with another charming little affordable housing complex named Fox Hollow or Camp Belle somewhere in town," he added.

The town and the DECD are set to be served with the lawsuit Thursday morning, according to the Stefanonis.

For more, consult .


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