DOCKET NO.: FBT-CV-11-6015612-S : 301 EAGLE STREET V.

ZONING BOARD OF APPEALS OF THE CITY OF BRIDGPEORT : : : : ANSWER

SUPERIOR COURT JUDICIAL DISTRICT OF FAIRFIELD AT BRIDGEPORT

SEPTEMBER 20, 2011

The Defendant Zoning Board of Appeals (ZBA) of the City of Bridgeport hereby answers the January 3, 2011 Appeal and Complaint of Plaintiff 301 Eagle Street, LLC, as follows: 1. Admitted, but ZBA pleads that the Order referenced in Paragraph 1 of the

Complaint was also directed to property located at 321 Eagle Street, Bridgeport, CT. 2. 3. 4. ZBA pleads that the Order speaks for itself. ZBA pleads that the Order speaks for itself. ZBA pleads that Table 2A of the Bridgeport Zoning Regulations (the

Regulations) speaks for itself. 5. 6. 7. ZBA pleads that Table 4A of the Regulations speaks for itself. ZBA pleads that Section 14-1-1 of the Regulations speaks for itself. ZBA admits that the first two sentences of Paragraph 7. With respect to the

third sentence of Paragraph 7, the ZBA pleads that the certificates of zoning compliance issued prior to January 1, 2010 for the Property, as defined in the Complaint, speak for

themselves. The ZBA found that the separating, crushing and cutting of metals is not a legally conforming use of this property and, therefore, leaves Plaintiff to its burden of proof. ZBA further pleads that the certificates of zoning compliance issued prior to January 1, 2010 for the Property, as defined in the Complaint, speak for themselves. 8. Admitted that Certificates of Zoning Compliance allowed only for storage of

metal. Denied that the property was approved for automotive scrap and salvage. 9. 10. Admitted. ZBA admits that a public hearing was held on Plaintiffs appeal of the Order to

the ZBA, but denies that the public hearing was held on November 9, 2010. 11. 12. 13. 14. 15. 16. Admitted. Admitted. Denied. Denied. Denied. ZBA lacks sufficient information upon which to form a belief as to the truth of

these allegations and, therefore, leave Plaintiff to its burden of proof.

DEFENDANT:

By:

/s/ Edmund F. Schmidt ASSISTANT CITY ATTORNEY Office of the City Attorney 999 Broad Street Bridgeport, CT 06604 Phone: 203-576-7647 Fax: 203-576-8252

CERTIFICATION This is to certify that a copy of the foregoing was mailed, postage prepaid on this 20th day of September, 2011 to:

Peter Gelderman, Esq. Quatrella & Rizio

One Post Road Fairfield, CT 06825 Brenner Saltzman & Wallman, LLP 271 Whitney Avenue New Haven, CT 06511
/s/ Edmund F. Schmidt