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"We are surprised that such a large construction project would be approved in the heart of the historic district, compromising the integrity, beauty and character of the town of Woodbury," said resident Carol Cassidy in referencing the overarching concerns of a family whose members own properties next to the popular and well-attended church.
The Cassidy family filed suit in Waterbury Superior Court in December 2006 after the Zoning Commission approved a $3.9 million expansion of St. Teresa.
"My concern is that the expanded church will change the neighborhood, and I don't believe there is room for that size church in this neighborhood," said Diane Cassidy.
Ms. Cassidy said she and her siblings are concerned that proper notice was not given with regard to the special permit for parking and that neighbors within 250 feet of the off-site parking locations were not notified.
She added that the family also contends the off-site parking does not meet the town's regulations.
"That is the heart of our appeal," said Ms. Cassidy.
According to the project plans, the expansion would take the church from a 3,200-square-foot to a 7,800-square-foot footprint. It would increase the 220 seats to 604 seats. There would be 504 in the pews, 48 in the choir loft and 52 in the baptismal area.
However, according to Carol Cassidy, it is her understanding that total project expansion will exceed 15,600 square feet. The off-site parking would be at both Mitchell Elementary School and Woodbury Middle School, with a total of 199 available spaces.
In 2006, the Cassidy family, whose members own two adjacent properties, complained about the scope of the church's plans, arguing that the expansion would expose their properties to more pedestrian and vehicular traffic, as well as noise and light pollution.
According to the July 11, 2006 minutes of the Zoning Commission, the Rev. Robert Kwiatkowski said there were 3,476 regular parishioners, with 1,047 attending weekly masses and 874 of those attending on Sundays. Father Kwiatkowski said the expansion only allows for 15 percent growth.
In August 2007, Waterbury Superior Court Judge Tim Upson ordered the Zoning Commission to hold a new hearing on the expansion plans.
The hearing was required because three sessions of the public hearings that took place in June, July and September of 2006 were not electronically recorded.
Judge Upson rendered a decision May 8, 2008 in favor of the church and land-use commission, upholding the Zoning Commission's approval.
On July 29, 2008, the Cassidy family appealed the decision to the appellate court.
"Our family is hoping that the results of the appellate court decision will be in accordance with the Woodbury Plan of Conservation and Development survey, and we share the same sentiments as the respondents of this survey," said Carol Cassidy.
Reading from published reports from February, Frances Cassidy said that the majority of people surveyed-80.9 percent-felt that sustaining Main Street is important to preserving the town's character. The historic ambiance came in first, at 54.9 percent, as the most significant community characteristic defining Woodbury.
"The historic district is like the crown jewel of Woodbury," said Ms. Cassidy.
"The Zoning Commission looks forward to a favorable outcome at the appellate court," said attorney Duncan Forsyth, of Halloran & Sage LLP in Hartford, on behalf of the town.
Attorney Gail McTaggart of Secor, Cassidy and McPartland, which has locations in Waterbury, Southbury and Watertown, is representing St. Teresa's Church. She explained that the appellate court procedure consists of a panel of three judges hearing the arguments and then rendering a decision.
The appellate court has the option to uphold the superior court's decision, vacate it and sustain the appeal or remand the matter back to the superior court or to the land-use panel.
"We feel that we have a very strong case and we are very disappointed by this delay," said Ms. McTaggart.
