nothin “That’s Why We Have Blinds” | New Haven Independent

That’s Why We Have Blinds”

So said embattled North Bank Street homeowner Mike Lotto (pictured) Tuesday night, as his ongoing feud with his East Rock neighbors over his McMansion spilled onto the floor of the Board of Zoning Appeals.

Another step in an ugly battle between neighbors on an intimate East Rock block unfolded on the BZA floor. Neighbor Bill Deresiewicz hired a lawyer, Marjorie Shansky, to present his side in what has become a complicated trail of property line calculations, city-sanctioned variances and violations of those variances.

Deresiewicz calculates Lotto has built his house (pictured) three feet closer to his neighbor than what the city previously allowed. The City Plan Department’s report had different figures, one foot less. Lotto knows he’s in violation of the line by some amount. He pleaded for a variance on account of miscalculation —‚Äù he said city planners who sat down with him miscalculated property lines, so he built the house shifted over nine inches too close to Deresiewicz. He also has a 1.5 foot overhang jutting out from the building’s side.

Shansky called Lotto’s supposed miscalculation a self-created hardship,” one he should be held accountable for. Lotto has gotten his way with variances three times before, she noted. You can’t just violate the ordinance then ask” to get off the hook.

Neighbor Michelle Maitland said she didn’t have a problem with big houses per se. But I do have a problem [with a BZA] that allows someone to continually go back and be in violation” of zoning code. He should pay a fine.”

East Rock Alderman Ed Mattison went further: It is to me an incomprehensible building.” His solution: Lopping off a 1.5‑foot overhang made by a cantalevered wall.

Deresiewicz wanted more: We’re hoping that you make him reconstruct the addition in line with the variance that you yourselves gave him.” That means cutting back not just the overhang but part of the side of the building. Lotto raised the building in full knowledge of where the property line lay, Deresiewicz contended.

Lotto’s lawyer, John Lambert, maintained the overhang and the rest of the building were built completely as approved, just shifted over nine inches towards Deresiewicz on account of miscalculation. The law doesn’t concern itself with trifles,” he said, urging the board’s approval.

Lotto later responded: What’s it going to change by shaving off seven inches? The windows will still look into the yard.” It’s a city, people build close to each other. That’s why we have blinds.”

City Plan staff, reviewing the case, supported Lotto. The BZA, thrown in the middle of a passionate debate, has yet to make a decision.

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