By Thane Grauel

WESTPORT — A Canal Road family’s effort to elevate and expand their home over one of town’s most frequently flooded areas became mired in legal muck Tuesday night.

The Zoning Board of Appeals was ready to hear the application by Heidi Schoeneck and Phil White, of 24 Canal Road, which would bring their home into Federal Emergency Management Agency compliance.

The family’s plan has been supported by other people living on Canal Road, which increasingly has water over-topping it not just in storms, but during astronomical high tides.

Some others nearby have expressed concerns about the plan, including how it might affect their views. The most vocal objector appears to be Jeff Manchester, of Spriteview Avenue, across the canal.

What grounded the hearing Tuesday night was an email with 62 pages of documents sent Tuesday morning to Planning and Zoning Department staff by Bridgeport lawyer Joel Z. Greene. The email didn’t appear to include any argument, just pages of case law and Google-able info on 24 Canal Road.

Green didn’t state in his email, or during Tuesday’s ZBA hearing, who had hired him.

ZBA Chairman Jim Ezzes appeared irked.

“We received a large attachment today from attorney Green that, again, were very specific about this and Mr. Green, you’re here, and you know how we operate,” Ezzes said. “You submitted something that’s 62 pages to us, so there is obviously no way that any of us would have a chance to review that.”

Ezzes told Green to make hard copies for the board members. “And it has to be to us at least a week ahead of time, otherwise we can’t consider it,” Ezzes said.

“I find it a little disconcerting, quite honestly, that you dropped something like that on the day of a hearing,” Ezzes said.

Cindy Tyminski, a land-use consultant for the applicants, said she’d like the hearing delayed until the board’s August meeting.   

“We were prepared to go tonight and we also would like a chance to look at all the documents that got dropped on us today,” Tyminski said.

Green asked to comment.

“In fairness, and as you know I am an ardent fan of the rules, following the rules and following regulations,” the lawyer said. “Your notice, in fairness I was just retained over the weekend, but I did so in reliance on your agenda, which says, ‘Written comments may be received prior to any public hearing,’ should be sent, and it has the board’s email address, ‘by 12 p.m. on the day of the meeting if intended to be distributed for consideration.’”

“What I have submitted is frankly not that daunting …,” he continued. “I don’t see honestly that there’s a great burden.”

“If the commission is going to establish a practice of only accepting materials seven days before the hearing, then the agenda should indicate that,” Green said. “I apologize for any misunderstanding or confusion, but frankly I was following the rules.”

 “Mr. Green I’m not going to fight with you about this, but you’ve been in front of us many times …,” Ezzes responded. “And you dumped it on the office today, which is fine, if you go by that public notice. When did you expect that we were going to have a chance to review that? Or the office? You’ve been in front of us, we ask for it as a common courtesy, Mr. Green.”

The application might be heard at the August meeting, and if not, in September.

Thane Grauel grew up in Westport and has been a journalist in Fairfield County and beyond for 35 years. Reach him at editor@westportjournal.com. Learn more about us here.