By Kerri Williams

WESTPORT – Planning & Zoning Chair Paul Lebowitz did not mince words Monday when addressing homeowners on Partrick Road who asked for an authorization of an excavation and fill that had already been completed on their property.

“They don’t have fines big enough for this kind of behavior,” Lebowitz said during Monday’s meeting. He earlier called the requested authorization an “oops” application, since the project had already been completed as part of constructing a new single-family home on the property at 46 Partrick Road.

Neighborhood: steep grade

Lebowitz said that it is widely known that the properties on Partrick Road have a steep grade and that changing it without approval is not acceptable. 

“We all want a really nice back yard,” he said. “…I am really, really upset.”

Later in the meeting, commissioners closed the public hearing on the application but did not vote on the matter. This came after Lebowitz said that in the past, commissioners would not make an immediate decision on such applications, forcing the property owner to come back an additional time, adding to their expense and time, to “send a message.”

Original contractor replaced

Jeff Verno, who spoke on the application for property owners Jason and Ewa Abrams, said he came into the project after the excavation had taken place by another contractor.  The yard is still on a slope, just not as great a one as originally on the property, he said.

According to a report from the town Department of Public Works, the original developer obtained a zoning permit for the construction of the new home. During construction, the report says, it appears that the steep slopes on the northern and southern side of the property were altered to allow for access to the back of the property, as well as for the removal of a pre-existing tennis court.

The town report continues to say that it would be “impractical” at this point to return the slopes to their original state. Commissioner Amy Wistreich said she would like to have the opportunity to see the property first-hand before voting. “Nobody likes to see anyone game the system,” she said.