Briefly: Lawyer said Toad’s owner may appeal rejection of rooftop plan in Superior Court

James Segaloff, the lawyer representing Toad’s Place owner Brian Phelps, said that within about three weeks, the staff of the club may appeal the recent ruling by the New Haven Board of Zoning Appeals in Superior Court. Last Wednesday, the BZA rejected Phelps’ proposal to build a 400-square-foot rooftop terrace. Segaloff said Phelps and other staff members feel the BZA’s decision — which held that an influx of new patrons could stress parking and traffic in the area — lacked evidence. Segaloff added that the Toad’s staff sees the decision as arbitrary and is considering refiling the proposal with the BZA with or without changes, which they may do at any time since the decision would be “without prejudice.” Toad’s staff may also choose to do nothing, he said. Phelps declined to comment under the advisement of Segaloff, who said it is “a sensitive time.”

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