Historic Preservation: Property Owners Must Appeal Approval Conditions Before Accepting Benefits Of

Wednesday, February 13, 2013 12:00 am
Land Use Law Report, Volume 41, Number 2

Property owners waived their right to challenge a historic commission's condition of approval to lower granite posts after they accepted the benefits of the approval.

Facts: Frank and Barbara Sciame, 273 Water Street, LLC and Fenwick Acquisition, LLC (collectively, owners) renovated their historic property in Old Saybrook, Connecticut. The property was part of the Fenwick Historic District, over which the Historic District Commission of the Borough of Fenwick (the Commission) has jurisdiction.

In 2010, the owners applied to the Commission for a certificate of appropriateness to allow them to keep four granite pillars that they had installed during the renovation, but which were not part of the plans that the Commission had originally approved. The Commis[..]


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