Land Use Lunacy

Who says land use law is boring??? The NY Times reports on Jan 80627hepburn2 that Kate Hepburn’s former home in Fenwick Conn. is the subject of heated land use litigation.  Seems the current owner had the temerity to erect 2, twelve inch square granite posts at his driveway entrance w/ the address number engraved.  These ‘egregious’ posts were incredibly 5 whole feet tall.  The local historic commission felt that 5 feet was too high and instructed the owner to lower the height 12 inches.  He bermed up soil and planted around them to bring height from grade to 48 inches.  Not enough said the historic commission; “too visible” from nearby areas.  Incredibly, the town litigated the issue to the tune of more than 40 grand in taxpayer money.

At some point along the lengthy litigation process, the homeowner eliminated the height issue, but not by lowering the posts.  He saw cut the granite right thru the engraved address leaving the lower half of the numbers.  So much for aesthetics.  Amazing.

By: James E. Jaworski, Esq., Administrative Partner and Chairman of Real Estate Department

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