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Shelton commission approves narrower access way at 48 Kings Highway, 10 Tuareg Place
Summary
The Planning and Zoning Commission voted unanimously to approve a stipulation resolving a private adverse-possession dispute and permitting a reduction in a required 50-foot access way to reflect a long-standing configuration between two property owners.
The Shelton Planning and Zoning Commission voted 6-0 Wednesday to permit a reduction in the required 50-foot access way serving 10 Tuareg Place, allowing a recorded survey and judgment resolving a private adverse-possession claim to stand.
The commission’s action follows attorneys for the two property owners telling commissioners the parties had agreed to a stipulation for judgment that would confirm a small sliver of land is held by the front-lot owners at 48 Kings Highway. Attorney Francis Tedoso told the commission, “Your regulations require a 50 foot access way,” and said the commission has discretion under the regulations to approve a narrower configuration when property owners have reached an agreement.
Why it matters: The change resolves long-running private litigation and clears title questions for the two properties while the commission found no immediate safety or access issues at the street entrance. Attorney Michael Levinthal, representing Sandra and John Gazerosky of 48 Kings Highway, said the tract had changed hands over decades and that the parties wanted a clean resolution to the November 2022 lawsuit. Attorney Steven Walker, representing Felipe and Laissa Diaz of 10 Tuareg Place, urged approval to avoid litigation costs and to put title “clean” for both neighbors.
The commission’s motion to add the item to the agenda passed earlier in the meeting by the same 6-0 vote. Commissioners asked clarifying questions about the extent of the area being claimed by adverse possession; Levinthal said the disputed strip is about 1,324 square feet (roughly 0.03 acre) and does not block the physical entrance to Kings Highway. Commissioner questions also focused on whether the narrowing affected the curb cut at Kings Highway; attorneys confirmed the entrance at Kings Highway remains wide enough for vehicles and emergency access.
The approval includes a condition that the Horbel & Judson survey presented to the commission be recorded on the Shelton land records in order for the configuration to take effect.
The commission’s vote: On a roll-call vote Commissioners Christiano, Ticky, Motto, McGee, Kelly and Chair Virginia Harger voted aye; the motion passed 6-0.
Next steps: Attorneys said the parties will record the survey and stipulation on the land records to finalize the change. Shelton staff will record the condition in the commission file.
For the record: The matter was presented under the regulatory authority of Shelton zoning regulations requiring a 50-foot access way; the approval represents a discretionary variation of that standard to reflect a long-standing boundary configuration and a negotiated settlement between private parties.
