Westport’s Pickleball Court Controversy: In a decisive move, the Zoning Board of Appeals (ZBA) on Tuesday unanimously rejected an appeal by Jim Coyne, a homeowner on Old Hill Road, seeking approval for a private pickleball court. The board’s decision diverged from the opinion of the town attorney, marking a rare instance of discord among the board members.
Disagreement with Town Attorney
“I don’t believe I have ever disagreed with a town attorney before,” remarked board member Josh Newman, highlighting the unusual nature of the decision. The appeal centered around interpreting zoning regulations related to property setbacks, which became a controversial issue during the meeting.
Controversial Debate Over Setbacks
Coyne and his legal representative, Eric Bernheim, argued that merging two parcels of Coyne’s property should bring it into compliance with the zoning regulations. Coyne expressed frustration,
“I’m scratching my head over this. I have given hundreds of hours to this town and so has my wife. I don’t see any ambiguity.” – (Coyne)
Assistant Town Attorney Peter Gelderman had advised Coyne that merging the parcels would align the property’s setback with zoning requirements. However, the core dispute was whether the setback should be measured from the pavement edge of Side Hill Road or the southern edge of the wider right-of-way.
Zoning Officials’ Perspective
Michelle Perillie, deputy planning and zoning director, asserted that the town’s 30-year practice of measuring setbacks from the right-of-way’s edge would place the boundary “right through the pickleball court” proposed by Coyne. This standard, she explained, ensures properties are aesthetically pleasing and allows for emergency access.
Legal Interpretations and Board Reactions
Bernheim contended that, under Connecticut case law, multiple interpretations of an ordinance favor the property owner’s interpretation. He argued that the ZBA should, therefore, support Coyne’s proposal. Nonetheless, ZBA members rejected this argument, insisting on the right-of-way measurement standard.
Joseph Scordato, a board member and attorney, insisted, “In my view, this is not ambiguous at all,” and emphasized the need to consider the entire town zoning regulations. Fellow board member Sheri Gordon concurred, noting that even attorneys can err and assert the importance of siding with the zoning officials’ interpretation.
Recusal and Conclusion
Board Chairman Jim Ezzes recused himself from the hearing and the subsequent vote, leaving the remaining members to render the final decision. The unanimous rejection shows the board’s commitment to upholding established zoning practices.
News in Brief: Westport’s Pickleball Court Controversy
The Westport Zoning Board of Appeals unanimously denied an appeal by Jim Coyne for a private pickleball court. Despite advice from the town attorney, the board chose to follow the long-standing practice of measuring setbacks from the right-of-way’s edge.
Coyne’s attempt to merge property parcels to meet zoning requirements was rejected, with board members affirming the importance of maintaining aesthetic and emergency access standards. Board Chairman Jim Ezzes recused himself from the vote, which highlights the board’s adherence to traditional zoning interpretations.
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