Developer sues Sharon -- town and citizens -- in federal court


By RYAN SNYDER


 

SHARON—Robert DePretis filed a lawsuit on Sept. 26 in federal court against the town, members of the Planning and Zoning Commission and several private citizens, saying his constitutional rights were violated.

Depretis had hoped to create a community for active adults 55 years of age or older on his property at Jackson Hill Road in 2005. His efforts were thwarted and now he is suing on the grounds that his zoning application was unjustly rejected, violating his rights under state and federal laws.

The documents filed Friday at the U.S. District Court for the District of Connecticut allege that Cynthia Rubicam, William J. Manasse, James DiMartino, Peter Reyelt Jr., Elizabeth M.Hall and Stanley MacMillan Jr., all members of the Planning and Zoning Commission, took a personal stake in the opposition to his proposal and failed to remain impartial, as their official role mandates.

Rubicam and Manasse recused themselves in the matter, saying they had a conflict of interest. Rubicam lives on Jackson Hill Road. Manasse lives on nearby Loper Road.

The suit contends that they actively joined the opposition to DePretis’s project and that they continued to attend and participate in later meetings, thus compromising DePretis’s ability to receive "fair and neutral consideration" from the rest of the commission.


Using zoning to defeat plan


The suit also claims that the commission later changed town zoning regulations, following the denial of DePretis’s initial application. The portion that allowed for multi-dwelling complexes was removed, negating any chance for his second proposal to be accepted.

Court documents also charge that Rubicam and DiMartino openly expressed their opposition to DePretis’s proposal by placing signs on their property that read "Stop the Plan," which the suit takes to have been intended to refer to the proposed condo development.

DePretis, who had created a company called Jackson Hill Road Sharon CT LLC, claims he was told by the commission that his application could be turned down because it involved two parcels of land under single ownership. It was their feeling that separate ownership was necessary.

According to the lawsuit, DePretis transferred ownership to a second entity, Jackson Hill Road Sharon CT LLC #2, whose owners and principals are identical to Jackson Hill Road Sharon CT LLC.

He was later informed in a letter from the town attorney that the application could be denied because Jackson Hill Road Sharon CT LLC was the only named applicant on the zoning applications, even though Jackson Hill Road Sharon CT LLC # 2 was a current owner of a portion of the property involved in the process.

The application was denied in October 2005. The commission cited the ownership technicality and a proposed relocation of a private right-of-way on the property.

DePretis’s court documents allege that these reasons were invalid as they were not supported by any zoning regulations on record at the time.


Suit against neighbors


The suit also takes action against Sharon residents Christopher B. Clow and Robert V. Fish, alleging that they acted in conspiracy with the commission with the purpose of having DePretis’s application denied.

Clow is a Manhattan resident who owns a farm near the DePretis property. He vigorously opposed the development plans.

The suit also claims that an attorney representing Clow contacted counsel for Jackson Hill Road Sharon CT LLC and Jackson Hill Road Sharon CT LLC# 2.

The lawyer indicated that if DePretis’s group agreed to develop the property in accordance with an alternative plan that had been proposed during the hearing by a representative of Clow, then Clow and those working with him would have the town’s zoning regulations amended so the multi-dwelling complex regulation could be re-inserted.


Suit against the town


The suit also claims the town of Sharon violated DePretis’s Fifth Amendment rights. This amendment guarantees citizens just compensation for the taking of property by the government. The suit alleges that the condemnation of DePretis’s plans by the town is an unconstitutional taking that requires compensation.

When asked about the basis for the suit, DePretis attorney Anne C. Dranginis offered this response.

"The applications of Jackson Hill Road Sharon CT LLC and Jackson Hill Road Sharon CT LLC # 2 were summarily denied for inappropriate reasons in a six-minute meeting. It was clear from the involvement of others from town and how the board decided on the application that the decision was biased, discriminatory and against the Constitution. The regulations are enacted so that they could be fairly applied to any applicant and it is our claim that this did not happen in this case."

Calls placed to Clow, Rubicam and Fish for comment were not returned by press time. DePretis declined to comment citing legal reasons. First Selectman Malcolm Brown declined to comment on the case saying that he still needed to review the documents.


Future plans for property


Following the defeat of the condo proposal, DePretis threatened that he would put as many affordable housing units on his property as the 42 acres could hold. Towns in Connecticut must have a minimum percentage of affordable homes; most Northwest Corner towns, including Sharon, do not meet that minimum.

Government regulations allow developers to avoid many local zoning regulations if they are building affordable housing.

Instead, DePretis made a deal with Vista Corporation, which is headed by two executives from Mountainside in North Canaan. They have an option to buy the property and build a high-end for-profit rehabilitation center there for celebrity clients seeking privacy.

Vista representatives would not comment on the record except to say they are continuing with their plans for the new center.


The Web site from which the court documents were obtained says there is an eight cent fee per page to print the documents; Sharon Town Hall charges 25 cents per page; the federal court in Hartford charges 50 cents per page. The Journal was told at Sharon Town Hall it would have to file a Freedom of Information request to get a copy, but obtained the records instead at the above Web site.

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