City of New London v. Zoning Board of Appeals of Waterford

615 A.2d 1054, 29 Conn. App. 402, 1992 Conn. App. LEXIS 394
CourtConnecticut Appellate Court
DecidedNovember 3, 1992
Docket10307
StatusPublished
Cited by36 cases

This text of 615 A.2d 1054 (City of New London v. Zoning Board of Appeals of Waterford) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of New London v. Zoning Board of Appeals of Waterford, 615 A.2d 1054, 29 Conn. App. 402, 1992 Conn. App. LEXIS 394 (Colo. Ct. App. 1992).

Opinion

Landau, J.

The defendant Waterford zoning board of appeals appeals from the judgment of the trial court sustaining the appeal of the plaintiffs, the city of New London and the New London police department (New London). The trial court concluded that the decision of the board limiting the term “municipal facilities,” as used in the Waterford zoning regulations § 6.2.4,1 to municipal facilities of the town of Waterford was illegal. On appeal to this court, the board claims that the trial court improperly substituted its judgment for that of the board by concluding that the term “municipal facility” means facilities of every municipality and not just facilities of the town of Waterford.

The following facts are pertinent to this appeal. The city of New London purchased a parcel of land in the town of Waterford in 1923. During the 1960s, the city established a police firearms training facility on the property. Since that time, the area surrounding the training facility has been developed and is designated a rural residential district (RU-120).

On December 18, 1978, the zoning regulations of the town of Waterford were adopted. On September 7, 1989, the Waterford zoning enforcement officer issued an abatement order, which stated that New London was to cease and desist in its use of the premises as a firearms training facility, and further stated that such use was not permitted in an RU-120 district without the approval of the Waterford planning and zoning commission.

[404]*404New London appealed the abatement order to the board of appeals claiming that the firearms training facility was a “municipal facility,” as defined in § 6.2.4 of the regulations, and, because the facility existed prior to the adoption of the regulations, it is a permitted use under § 3.32 of the regulations.2 Alternatively, New London argued that the training facility is a nonconforming use that was not abandoned after the adoption of the regulations.

After public hearings, the board denied New London’s request to reverse the abatement order. The board concluded that the training facility was not a municipal facility within the meaning of the regulations, and was therefore a nonconforming use, rather than a permitted use. The board further concluded that the site had been abandoned by the city. New London appealed the board’s decision to the Superior Court, pursuant to General Statutes § 8-8.3 The Superior Court sustained New London’s appeal and reversed the board’s decision.

The trial court determined that the word “municipal,” as used in the phrase “municipal facility” in § 6.2.4 of the regulations, is to be interpreted according to its plain meaning, and therefore includes any municipal facility of any municipality, including a New London facility, and not just a town of Waterford municipal facility. The trial court concluded that the [405]*405municipal police training facility was a permitted use under the regulations.4 We disagree.

General Statutes § 8-6 provides that the zoning board of appeals shall, inter alia, hear and decide appeals where it is alleged that there is an error in any order made by a zoning enforcement officer. The board is entrusted with the function of interpreting and applying its own zoning regulations. Baron v. Planning & Zoning Commission, 22 Conn. App. 255, 257, 576 A.2d 589 (1990). When deciding an appeal from a decision of the board, the trial court must determine whether the board has correctly interpreted its regulations and applied them with reasonable discretion to the facts. Pascale v. Board of Zoning Appeals, 150 Conn. 113, 117, 186 A.2d 377 (1962); Baron v. Planning & Zoning Commission, supra. The burden is on the plaintiffs to demonstrate that the board has acted improperly in making its decision. Adolphson v. Zming Board of Appeals, 205 Conn. 703, 707, 535 A.2d 799 (1988). A decision of the board will be reversed only when the plaintiff has proven that the decision was unreasonable, arbitrary or illegal. Schwartz v. Planning & Zoning Commission, 208 Conn. 146, 152, 543 A.2d 1339 (1988). A local board or commission is in the most advantageous position to interpret its own regulations and apply them to the situations before it. Therefore, as long as honest judgment has been reasonably and fairly exercised at the local level, the trial court must not substitute its judgment for that of the zoning board. Baron v. Planning [406]*406& Zoning Commission, supra, 257; Molic v. Zoning Board of Appeals, 18 Conn. App. 159, 164, 556 A.2d 1049 (1989).

The principles governing interpretation of zoning regulations are well settled. Promulgation of zoning regulations is a legislative process, although local in scope. Park Regional Corporation v. Town Plan & Zoning Commission, 144 Conn. 677, 682, 136 A.2d 785 (1957). When this court interprets a local legislative enactment, it looks for the expressed intent of the legislative body in the language it used to manifest that intent. If it is clear and unambiguous on its face, we will look no further. Planning & Zoning Commission v. Gilbert, 208 Conn. 696, 705, 546 A.2d 823 (1988). Furthermore, we will construe the language of zoning regulations so that no clause is deemed superfluous, void or insignificant. Essex Leasing, Inc. v. Zoning Board of Appeals, 206 Conn. 595, 601, 539 A.2d 101 (1988). The regulations must, however, be interpreted so as to reconcile their various provisions and make them operative as far as possible. Donohue v. Zoning Board of Appeals, 155 Conn. 550, 557, 235 A.2d 643 (1967). When we encounter a situation in which more than one construction is possible, we will adopt the construction that renders the enactment effective and workable and reject any that might lead to unreasonable or bizarre results. Maciejewski v. West Hartford, 194 Conn. 139, 151-52, 480 A.2d 519 (1984).

There is no legislative definition of the term “municipal” in the Waterford zoning regulations. Therefore, we must examine the regulations as a whole to determine its meaning. Essex Leasing, Inc. v. Zoning Board of Appeals, supra, 601. Section 3.17 of the regulations, entitled “Municipal Water and Sewer Facilities,” provides that “the Planning and Zoning Commission may grant a Special Permit to the Town for the construction in any district of facilities such as pump stations, [407]

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Bluebook (online)
615 A.2d 1054, 29 Conn. App. 402, 1992 Conn. App. LEXIS 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-london-v-zoning-board-of-appeals-of-waterford-connappct-1992.