Judge: Developer's $400K driveway must go Ruling a victory for Stratford condominium owners

Controversy surrounds the $400,000 driveway built over airport property and leading to project developer Manuel "Manny" Moutinho's waterfront mansion in Stratford. Controversy surrounds the $400,000 driveway built over airport property and leading to project developer Manuel "Manny" Moutinho's waterfront mansion in Stratford. Photo: Autumn Driscoll Photo: Autumn Driscoll Image 1 of / 15 Caption Close Judge: Developer's $400K driveway must go 1 / 15 Back to Gallery

BRIDGEPORT -- The millionaire developer who got Bridgeport to buy him a $400,000 driveway to his waterfront mansion may have to tear it up.

Superior Court Judge Dale Radcliffe's ruling Tuesday was a victory for some Stratford condominium owners over Manuel "Manny" Moutinho, and it turned a headache for Mayor Bill Finch into a throbbing migraine.

Radcliffe said Moutinho should not have been allowed to build the driveway, which runs over Bridgeport property to the developer's Stratford home. And the judge said Bridgeport shouldn't have paid for it.

"Neither the taxpayers of Bridgeport, which owns the property ... or their Stratford counterparts, the host municipality, are obligated to contribute to the upgrade, maintenance or repair of the right of way," Radcliffe wrote.

The judge's decision further frustrated members of the Bridgeport City Council who, from the beginning, were left in the dark over the Finch administration's deal with the controversial Moutinho.

"The whole thing is like a Greek tragedy now," said Councilman John Olson, D-132. "It's just getting worse and worse."

Last summer, Moutinho convinced the Stratford Board of Zoning Appeals to allow him to install a 1,000-foot gravel driveway from Sniffen Lane in Stratford through Bridgeport wetlands, for himself and three neighboring property owners.

Completed last month, the driveway replaced a dirt one off of Main Street across from Bridgeport-owned Sikorsky Memorial Airport. The new and old driveways ran through rights of way Bridgeport granted over airport land.

Residents of nearby Breakwater Key condominiums, furious that the project ruined their tranquil surroundings, in September sued Stratford and Moutinho to stop the work.

Radcliffe, in a 17-page decision, ruled that Moutinho had not provided enough justification for his driveway permits.

"I'm now going to call the Stratford zoning enforcement officer and tell him to have the developer rip it up," said attorney Richard Saxl, who represents the Breakwater residents.

Moutinho assumed the risk of beginning construction while the lawsuit played out in court.

"I asked the developer not to proceed with putting in the driveway when we filed our lawsuit, but he went ahead at his own risk, and now the judge has ruled against him and the zoning board," Saxl said. "It looks like a lot of money has gone down the drain."

And that money belonged to Bridgeport taxpayers.

As Hearst Connecticut Newspapers reported last month, the Finch administration quietly took over the driveway project from Moutinho, then hired the developer's own Mark IV Construction company to build it.

The justification? The city had finally negotiated a deal with Stratford, state and federal authorities to improve runway safety at Sikorsky Airport two decades after a plane crash there killed eight people.

The original dirt driveway used by Moutinho and his neighbors is in the way of the $42 million safety project. And for unknown reasons, according to Bridgeport, Moutinho was dragging his heels over building the new driveway.

"We went up and said, `We need to take it over. We'll build it for you just to get you out of our way,' " Sikorsky Airport Manager John Ricci told Hearst last month.

In March, Ricci -- with Moutinho's blessing -- had Stratford transfer the building permits to Bridgeport. Ricci then bypassed the competitive bidding process, instead soliciting three price quotes from Bridgeport contractors. Moutinho's price was the last submitted and the cheapest, so he got the contract to build his own driveway.

Although the mayor's office has continually defended the $400,000 expense as legal and necessary, Finch suspended Ricci with pay last month after Hearst asked the administration what it knew about Ricci's longtime friendship and real estate dealings with Moutinho.

Although Bridgeport was not a defendant in Breakwater's lawsuit, Radcliffe's decision puts the city in a difficult situation. Ricci, who has not returned reporters' phone calls since his suspension, said last month the city knew it was taking a chance when it decided to move ahead with the driveway work.

"Our city attorneys looking at the appeal thought it was worth the risk to do it," Ricci said.

During the one-day trial of the lawsuit on June 3 Radcliffe gave Saxl, along with Stratford's and Moutinho's lawyers, the opportunity to let Bridgeport join the case, but they declined. Bridgeport city officials were aware of the trial, but did not attend.

Because Bridgeport assumed Moutinho's building permits after he obtained them, Radcliffe's decision did not address the city's argument that Moutinho's driveway had to be relocated to accommodate the Sikorsky safety project.

Under the law, Radcliffe had to base his ruling solely on the information available to Stratford land use officials when they issued Moutinho's permits, and on any evidence presented at the June 3 trial.

As of last summer, Moutinho claimed he needed to build what at the time was a $200,000 driveway because state environmental officials had ordered Bridgeport to abandon the dirt driveway and because the right-of-way flooded.

"A search of the records fails to reveal any (state) order," Radcliffe wrote. In fact, the judge said, Moutinho could have repaired his existing dirt driveway -- at no expense to the city of Bridgeport.

So what now?

Moutinho and Stratford could ask the state Appellate Court to consider overturning Radcliffe's decision. And the Finch administration could ask the court to let Bridgeport join the appeal. But the city would not be allowed to introduce new evidence -- such as the need to improve airport safety -- for granting Moutinho's building permits.

Moutinho or Bridgeport could apply to Stratford for new permits, allowing them to keep the gravel driveway. Moutinho's lawyer, Danielle Bercury, did not immediately return calls and emails for comment.

Stratford Town Attorney Timothy Bishop said Radcliffe did a thorough and thoughtful job.

"The town really doesn't have a side," he said. "If on appeal the courts determine a different outcome is warranted, our role is to ensure that outcome is implemented and the rules are enforced fully and fairly."

Bridgeport City Attorney Mark Anastasi said in a prepared statement, "The city is reviewing the court's decision, as we are certain the named defendants are also doing, and we will determine an appropriate course of action."

In the meantime, Holly Fichtel, a Breakwater condominium owner, celebrated Radcliffe's decision.

"Hallelujah, hallelujah," Fichtel said. "We are really pleased."