DECD denies petition asking to revoke moratorium ruling
Published 12:15 pm, Thursday, May 5, 2011
A petition for a declaratory ruling stating Darien didn't have enough points for an affordable housing moratorium was denied.
The decision was made on April 28 after the Department of Economic and Community Development issued a letter which said the petition filed by the Stefanoni family did not warrant a declaratory ruling.
The Stefanonis claimed Darien did not have sufficient points for the moratorium because Clock Hill Homes should not have been eligible for any points.
"The Complainants do not have an affected legal interest and are not aggrieved. The issues raised in the Petition have already been examined and reexamined by the DECD pursuant to the appropriate statutory and regulatory provisions.
"The declaratory ruling process cannot be utilized by Complainants to prompt reconsideration by DECD. This is not a proper subject of a petition for declaratory ruling before DECD; therefore, DECD declines to issue a declaratory ruling on this Petition," the letter reads.
In a prepared statement, Chris Stefanoni said he will continue to challenge the moratorium ruling:
"The town's application for a moratorium was unclean from the beginning, and the people who are systematically excluded from living in Darien deserve to know the truth. Town Counsel Wayne Fox and First Selectman Dave Campbell hope no one pays attention, but the fact is the restrictions on the deeds as Clock Hill Homes exceed the maximum income limits allowed for moratorium points.
"Critical documents were deliberately withheld by the town that contradict the certified statements by the town in the application. The decision by the DECD was still not surprising, and the issue must now go before a judicial authority that will not avoid the facts under the pretense of procedural grounds. It is simply best for Darien that this war continue, so the case will just have to go to court.
"Finally, if the town says I cannot challenge the moratorium unless I have a new application, then that can be fixed in a jiffy with another charming little affordable housing complex named Fox Hollow or Camp Belle somewhere in town."