Developer asks to be intervenor in Ridgefield Road lawsuit

Asserting he is the only one who can adequately defend his interests, developer Jim Fieber — through his company 183 Ridgefield Road LLC — has asked to intervene as a defendant in the lawsuit filed by Ridgefield Road resident Patricia L. Frisch against the town of Wilton, the Planning and Zoning Commission, town planner Robert Nerney and Town Clerk Lori Kaback.

The request to be added as a defendant enfolds a further wrinkle in the controversy surrounding the town’s recently rescinded age-restricted housing overlay district (AROD), which drew heavy opposition from residents of historic Ridgefield Road.

The request for intervenor status, filed with Superior Court in Stamford on Aug. 10, states that 183 Ridgefield Road LLC is not adequately represented in the case, even though it has a major interest in its outcome, and should be included in the proceedings.

"The defendants do not and cannot adequately represent the interests of 183 Ridgefield Road LLC against the plaintiff," a document filed with the court said.

Following the adoption of zoning amendments that would have allowed age-restricted housing on Ridgefield Road, but before they were rescinded, 183 Ridgefield Road applied for a change of zone to the property to move forward with development of an age-restricted housing community.

“It was largely to block 183 Ridgefield’s application from going forward that the Plaintiff filed the instant litigation,” the document says.

Additionally, the document claims litigation caused 183 Ridgefield Road’s application to the Planning and Zoning Commission for a regulation amendment to create a new overlay district to not be accepted. The court had stipulated that the commission could not entertain 183 Ridgefield Road’s zone change request based on the original amendment, but that ruling should not have affected the application for a new regulation, the court document says.

A hearing on the Frisch lawsuit is scheduled for Monday, Aug. 21.

Fran DiMeglio, spokesman for Fieber, gave no comment when asked about the application for intervenor status. As of Aug. 15, the court had not issued a ruling on the request.

The Frisch lawsuit seeks many things, including to prevent the commission from accepting, hearing or approving any other similar zone change applications, and to dismiss pending applications for a zone change to allow age-restricted housing.

The zoning amendments to allow age-restricted housing were adopted in October 2016, but were rescinded in July when it was discovered their adoption was improperly publicized.