Attorney Leo Carroll, representing developer Louis D'Amato of D'Amato Brothers Builders Inc., said the zoning board's 6-to-2 denial of the Naugatuck Avenue project has no merit and will not stand up in court.

"We strongly believe we are entitled to an approval because our application meets all of the requirements," Carroll said. "The grounds the board cited for denial were not appropriate.

"It's kind of funny that they [the PZB] didn't even have any grounds for denial at first, and then the reasons they cited are not sustainable."

Carroll said that despite the planned appeal, the developer is also still going forward with a revised plan that would include just 21 units, and one less building than the six in the original proposal at the 1.5-acre parcel on Naugatuck Avenue.

The revised plans, which will be presented to the zoning board Aug. 16 at 7:30 p.m. in City Hall, drops the use of the controversial state Affordable Housing Act that particularly concerned neighborhood residents.

"You never can tell what is going to happen in a courtroom, so we're going to take the prudent action and still go ahead with the revised application," Carroll said.

City Planner David Sulkis had also repeatedly advised the zoning board it should approve the plans because it met all regulations as an affordable housing project.

But PZB member Frank Goodrich, R-3, defended his motion to deny the affordable housing application.

"This was a very difficult decision for me because so much of the application met the requirements, but not having garages for the three handicapped units — but for all other units — would constitute discrimination, and I believe the developer could have reconfigured the project to fit in the garages," Goodrich said.

Brad Hubler, R-5, and John L. Ludtke, R-4, voted against the motion for denial, while Nanci Seltzer, R-3, recused herself.

Opponents said Tuesday that while they were stunned the zoning board denied the application, they fear the developer could either win on appeal or gain approval of the new plan.

Kim Rose, who is co-president of the West Shore Neighborhood Association and lives directly across the street from the site, said neighbors would come out in force to oppose the revised application at the zoning board's public hearing Aug. 16.