Zoning loophole allows dismissal of town injunction against Jordano

NORTH CANAAN — An injunction filed by the town against a local business owner operating in a residential zone was dismissed Sept. 10 in Litchfield Judicial Court.

The Planning and Zoning Commission (P&Z) spent nearly a year trying to get Christopher Jordano to either obtain proper permitting or cease operating his landscaping business out of his Barlow Street home. But a loophole in zoning regulations has allowed Jordano to walk away from the lawsuit without penalty, and with a guarantee he can continue to run his non-conforming business there.

It has been nearly a year since a petition by residents and a safety complaint by the resident state trooper brought the situation to the attention of P&Z. On one of the few occasions Jordano responded to their many requests to resolve the matter, he insisted his commercial use of the property was grandfathered, based on its previous partial use as a hair salon. But Zoning Enforcement Officer Karl Nilsen made it clear to Jordano that grandfathering does not apply in this case.

Beyond the zoning violation, complaints were lodged against Jordano for illegal burning and trespassing in private parking areas. The street was regularly congested with parked trucks and equipment trailers that posed a hazard, neighbors said. Jordano’s highly visible front yard was covered with equipment and piles of firewood being cut on site, presumably for sale.

Nilsen was hired shortly after the issue began. He vowed to resolve it by whatever means necessary. An incommunicative Jordano forced Nilsen to file a cease and desist order, which was ignored. Some cleanup on the property took place, but it remained what residents and Nilsen called an eyesore, with operations clearly continuing there.

It became the first zoning lawsuit in the town’s history.

On Aug. 9, the town filed a motion with the court seeking a permanent injunction against Jordano using or permitting the property to be used as an excavating contractor establishment. The civil penalty could have been as high as $2,500, in addition to costs and attorney fees.

In court last week, Jordano said the injunction did not apply because he is a landscaper, not an excavator.

“The court ruled in his favor,� Nilsen said. “There is nothing more we can do. Even if the regulations are changed, he can continue to operate as a pre-existing, non-conforming use.�

The question is why Nilsen did not describe Jordano as a landscape contractor in the suit. He explained that a previous letter issued by the town used the term “excavating contractor.�

“I had to pick up where that left off, as part of the legal progression of the matter,� he said. “The problem is, the regulations have no definition of an excavating contractor and do not specifically say an excavating contractor is prohibited in that zone, or that they need a special exemption.�

Nilsen said that while he was aware of that, he also discovered the regulations say nothing at all about landscaping contractors. Using a term that does not exist in the regulations would have put the town at an even greater disadvantage in court.

Nilsen could not say how P&Z will deal with the shortcoming in their regulations, but his suggestion is a prohibition on “contractors, shops and storage facilities� in residential zones.

“That would cover any operation that should be required to seek a special permit,� he said.

The change would require amending the regulations, but would not have any impact on the Jordano matter.

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