He addresses the Audi decision (discussed in an earlier post,) but also criticizes a ruling that essentially renders an entire property useless. It’s an exercise in eminent domain, without compensation.
….Ole’s is an historic boatyard, built out over public trust land (meaning it has water under the docks.)
If you remove the water dependent boatyard use, the state says you must remove the docks and allow the banks to revert to nature. Residential docks are limited to 100 sq.ft. Ole’s has 1000’s.
But the Town zone is residential single family. But there is not enough actual land to make a decent lot.
Therefore, in the end, it’s abandon the historic use and lose the land, the history, the water access and a usable lot.
Zoning by itself fails when there is no effective plan in place to guide and decide the Commission.
But bravo to Heller and Alban for insisting that the duck must both waddle and quack. Now back to the drawing board.
Mike Finkbeiner lives in Greenwich . He is a professional forester and licensed sand surveyor at the company he founded, EarthImage.net