Beit Havurah v. Zoning Board of Appeals

418 A.2d 82, 177 Conn. 440, 11 A.L.R. 4th 1072, 1979 Conn. LEXIS 764
CourtSupreme Court of Connecticut
DecidedMay 8, 1979
StatusPublished
Cited by109 cases

This text of 418 A.2d 82 (Beit Havurah v. Zoning Board of Appeals) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beit Havurah v. Zoning Board of Appeals, 418 A.2d 82, 177 Conn. 440, 11 A.L.R. 4th 1072, 1979 Conn. LEXIS 764 (Colo. 1979).

Opinions

Peters, J.

This case concerns the impact of town zoning regulations on a Jewish synagogue. In 1975, the plaintiff Beit Havurah1 purchased property located within a “village residence” zoning district in the town of Norfolk. At the time of purchase, applicable zoning regulations included as permitted uses in such a district “churches and other places of worship” and related “accessory uses.” The regulations for such a district, however, required a special use permit for “non-profit educational, religious, fraternal, scientific or charitable institutions.” The defendant zoning board of appeals determined, after extensive hearings, in May, 1976, that Beit Havurah was a place of worship and that provision of sleeping accommodations in its building was a permitted accessory use on certain designated [442]*442nights. That determination left open whether accommodations on other nights might also constitute a permitted accessory use. In subsequent proceedings, in November, 1976, the defendant zoning board of appeals concluded that the providing of unrestricted overnight accommodations, on dates other than those previously designated, was not an accessory use by a house of worship but was rather a special use by a religious institution and as such required application for a special use permit. Separate appeals were taken to the Court of Common Pleas, by neighboring landowners with respect to the defendant board’s May decision, and by the plaintiff Beit Havurah with respect to the defendant’s November decision. The trial court consolidated the appeals and upheld both decisions.2 No further appeal was taken from the first decision, but the plaintiff Beit Havurah has appealed3 from the judgment dismissing its appeal of the November decision.

It is important, before we address the merits of this appeal, to clarify what is no longer at issue. It has been dispositively determined that Beit Havurah is a place of worship, a synagogue. Beit Havurah’s use of its property is a permitted use, entitling it to [443]*443occupy its premises without restriction except for the contested providing of sleeping accommodations for its membership and guests. At any time of the day or night, Beit Havurah may use its premises for prayer, celebration of festivals and religious events, Jewish study, meals satisfying religious requirements or other activities appropriate to its style of worship, as well as for other accessory uses such as recreation or maintenance. Even sleeping accommodations are a permitted accessory use on those Sabbath and religious holiday nights when travel restrictions of the Judaic law are in effect and for one night beyond the end of each Sabbath or holiday. The designation of a particular use of property as a permitted use establishes a conclusive presumption that such use does not adversely affect the district and precludes further inquiry into its effect on traffic, municipal services, property values, or the general harmony of the district. Although property whose use constitutes a permitted use is not immune from regulation under the laws of nuisance or other applicable statutes such as those relating to public safety, no violation of any such laws has been alleged.

The plaintiff argues that the trial court was for two reasons in error in dismissing the plaintiff’s appeal from the November decision of the defendant zoning board of appeals. The plaintiff maintains that the court acted improperly in finding that lack of overnight accommodations did not limit the religious activities of Beit Havurah and in concluding, accordingly, that unlimited overnight lodging was not an accessory use. The plaintiff claims further that the court erred in requiring the plaintiff to exhaust its zoning remedies, through application for [444]*444a special use permit, before it would consider the constitutionality of such secular restrictions on the use of religious property.

The trial court’s finding that overnight accommodations were severable from Beit Havurah’s religious activities, and hence not a permitted accessory use, was an affirmance of the conclusion reached by the defendant zoning board of appeals. Review of decisions of local zoning authorities acting within their administrative capacity is limited to a determination, principally on the record before the zoning board,4 whether the zoning board acted illegally, arbitrarily, or in abuse of the discretion vested in it. Tazza v. Planning & Zoning Commission, 164 Conn. 187, 191, 319 A.2d 393 (1972); Kyser v. Zoning Board of Appeals, 155 Conn. 236, 251, 230 A.2d 595 (1967). As we have recently reiterated, when a [445]*445zoning authority has stated the reasons for its actions, the reviewing court ought to examine the assigned grounds to determine whether they are reasonably supported by the record and pertinent to the considerations the authority was required to apply pursuant to the zoning regulations. Goldberg v. Zoning Commission, 173 Conn. 23, 25-26, 376 A.2d 385 (1977); DeMaria v. Planning & Zoning Commission, 159 Conn. 534, 540, 271 A.2d 105 (1970).

The issue before the defendant zoning board of appeals on the second appeal was whether Beit Havurah’s proposed unrestricted overnight use of its premises was an accessory use “customary with and subordinate to [a place of worship] and located on the same lot with the principal use.” Zoning Regulations of the town of Norfolk, Art. II (C) (1) (h). In the official memorandum of the decision against Beit Havurah, the spokesman for the majority of the board reported separately the views of each of the three members of the majority. One member stated her belief that staying overnight was residential rather than religious in nature and that operating the Beit Havurah property as a “residence house” would require a special exception. A second member’s primary concern was the use of the Beit Havurah property by unlimited numbers of people, as an “expanded resort type of operation,” which should be controlled by a special use permit. A third member found that the providing of overnight accommodations was an activity characteristic of a “religious institution,” rather than of a house of worship, and therefore required a special permit. He found that denial of overnight use during the week did not “hinder Beit Havurah’s right to worship in any way.” The two dissenting members of the board found limitations on the time [446]*446when Beit Havurah could use its property to be a constitutionally impermissible interference with that group’s freedom to worship.

The question before us is whether the reasons assigned by the memorandum of decision of the board in November are reasonable and pertinent in light of the board’s decision in May, which has now become the law of the case, as well as the record produced before the board. It is not relevant that under different zoning regulations Beit Havurah might not have been a permitted use; West Hartford Methodist Church v. Zoning Board of Appeals, 143 Conn. 263, 268,

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Bluebook (online)
418 A.2d 82, 177 Conn. 440, 11 A.L.R. 4th 1072, 1979 Conn. LEXIS 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beit-havurah-v-zoning-board-of-appeals-conn-1979.