Zoning Dispute Over Westport Pickleball Court: The Zoning Board of Appeals (ZBA) recently faced a controversial debate over a zoning permit for a private pickleball court on Old Hill Road. The case, filled with legal wrangling and interpretations of zoning regulations, highlights the friction between new recreational desires and long-standing administrative practices.
Controversy Over Setback Measurements
The dispute centers on whether the setback for the proposed pickleball court should be measured from the edge of Side Hill Road’s pavement, the property’s edge extending into the road, or from the southern side of the road’s wider right-of-way. Eric Bernheim, representing applicant James Coyne, argued that a recent merger of property parcels should negate the need for a variance, with setbacks measured from the edge of the pavement. This stance, supported by Assistant Town Attorney Peter Gelderman, was contradicted by Planning and Zoning staff, who favored measuring from the right-of-way, leading to the permit denial by Zoning Official Laurie Montagna.
Legal Dispute and Historical Practices
Bernheim contends that the decision to disregard Gelderman’s opinion and adhere to historic practices reflects an outdated interpretation of zoning regulations. He presented emails from Gelderman supporting his position and criticized the staff for ignoring this guidance. In contrast, Deputy Planning and Zoning Director Michele Perillie defended the staff’s adherence to long-standing practices, asserting that the approach of measuring from the right-of-way has been consistently applied for decades.
Implications for the Pickleball Community
The ongoing dispute shows the challenges in accommodating emerging recreational trends like pickleball within established zoning frameworks. The resolution of this case could impact how future recreational facilities are evaluated, reflecting a broader struggle between evolving community needs and traditional zoning practices.
News in Brief: Zoning Dispute Over Westport Pickleball Court
In Westport, a controversial zoning dispute arose over a permit for a private pickleball court on Old Hill Road. The Zoning Board of Appeals (ZBA) is deliberating the permit denial, which depends on conflicting interpretations of setback lines. Applicant James Coyne’s lawyer, Eric Bernheim, argues that recent changes to the property require setbacks to be measured from the edge of the pavement, not the right of way.
Despite Assistant Town Attorney Peter Gelderman supporting Bernheim’s view, Planning and Zoning staff, led by Zoning Official Laurie Montagna, adhered to traditional measurements, prompting an appeal. The issue shows ongoing challenges in interpreting zoning regulations.
Also Read: APP Newport Beach Open Begins from July 3rd
