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Torrington ZBA overturns zoning officer and allows existing driveway to serve new home at 246 Mountain Road
Summary
The Torrington Zoning Board of Appeals on April 13 reversed a zoning enforcement officer's denial of a permit for a proposed home at 246 Mountain Road, ruling 4-1 that a historic, steep driveway is a lawful preexisting nonconforming use and may be intensified to serve the new lot; the ZEO was ordered to reopen the permit for further review.
The Torrington Zoning Board of Appeals voted 4-1 on April 13 to overturn a zoning enforcement officer's denial of a permit for a proposed single-family home at 246 Mountain Road, finding that an existing steep driveway is a legal preexisting nonconforming use and may be intensified to serve the new lot.
The decision, made after a continued public hearing, directs the zoning enforcement official to reopen the permit application and review it consistent with the board's determination. The appeal challenged the ZEO's conclusion that using the historic access to serve a second residence would constitute an impermissible expansion of the nonconforming driveway rather than an allowed intensification.
The board's ruling centered on competing legal interpretations. Zoning enforcement official Nate Nardi Cyrus presented site plans and a written memo describing the portion of driveway from Mountain Road up…
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