Connecticut Health Facilities, Inc. v. Zoning Board of Appeals of Stamford

613 A.2d 1358, 29 Conn. App. 1, 1992 Conn. App. LEXIS 345
CourtConnecticut Appellate Court
DecidedSeptember 8, 1992
Docket10651
StatusPublished
Cited by37 cases

This text of 613 A.2d 1358 (Connecticut Health Facilities, Inc. v. Zoning Board of Appeals of Stamford) 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
Connecticut Health Facilities, Inc. v. Zoning Board of Appeals of Stamford, 613 A.2d 1358, 29 Conn. App. 1, 1992 Conn. App. LEXIS 345 (Colo. Ct. App. 1992).

Opinion

Lavery, J.

This appeal arises from the denial by the Stamford zoning board of appeals (board) of the plaintiffs’ application for a special exception to build a 120 bed nursing home and child day care center in a single family residential district. The trial court sustained the plaintiffs’ appeal. On appeal to this court, the board claims that the trial court improperly (1) limited the discretion of the board over a special exception application, (2) overturned the board’s denial based upon the criteria for special exceptions, (3) overturned the board’s denial, which was based upon valid criticism by other agencies and evidence about the location of the project, and (4) ruled, sua sponte, that the Stamford zoning regulations were vague and unconstitutional, without the issue being raised in the plaintiffs’ complaint or in the briefs. We agree that the trial court improperly sustained the plaintiffs’ appeal and we reverse.

The pertinent facts are as follows. On October 31, 1989, the plaintiffs, Connecticut Health Facilities, Inc., and James A. Fieber, trustee, filed an application for a special exception to build a 120 bed nursing home and child day care center on a 14.416 acre parcel of land located in Stamford on the New Canaan border. The property is in a single family residence zone and had previously been approved for thirteen single family home building lots. An adjoining parcel of land owned by Fieber located in New Canaan had previously been approved for a sixteen lot subdivision. The whole property, located both in New Canaan and Stamford, was formerly a monastery.

[3]*3The public hearing on the application was held on December 5,1989. The plaintiffs presented expert witnesses who testified that there was a need for a nursing home in the area, that the project would minimally affect traffic, that local real estate values would not be adversely affected, that the design and location of the building on the property would minimize the impact and intrusion on the neighborhood, that there would be sufficient access and egress for emergency vehicles, that there were sufficient sewer and water facilities, and that the landscaping would blend into the neighborhood.

Because the Stamford planning commission was equally divided on the application, it did not make a recommendation. Members of the commission in favor of the application believed that the facility could be accommodated on the site, that it would not be detrimental to surrounding homes, and that it would have little impact on traffic. Members who opposed the facility believed that a land use of this character and intensity would dramatically change the character of the neighborhood. They also noted that there were no similar institutions in the neighborhood, that the neighborhood would not have expected such a change, and that the proposed use would be in conflict with the goal of the master plan, which is to prevent unwarranted intrusions into sound residential neighborhoods. The application was opposed by the southwestern regional planning agency, which cited the distance from the site to hospitals, traffic impact on both Stamford and New Canaan, the lack of proof as to a need for such a facility, and the failure of the plaintiffs to specify what use will be made of the nine acres of land which will not be used for the facility.

The application was likewise opposed by a large number of residents who voiced concerns over traffic, impact on the neighborhood, the need for the facility, [4]*4and its deviation from the master plan. One neighbor, a licensed nursing home administrator who was aware of the skilled nursing bed market in Stamford, testified there was no need for such a facility. A health care worker testified that the distance from the facility to area hospitals would be too far. Neighbors also testified as to the present adverse traffic conditions, the conditions of the road and the history of major accidents in the neighborhood. Others addressed the adverse effect on the neighborhood.

On March 21,1990, the board denied the application, finding that (1) the location, size and scale of the proposed structure would be more objectionable to nearby properties than the public necessity demands, and (2) the nature and intensity of the proposed use in relation to its site and surrounding area would produce more potential disturbances to the health, safety or peaceful enjoyment of property than the public necessity demands.

The plaintiffs appealed to the Superior Court. The court sustained the appeal, and found that the plaintiffs had complied with all of the “ascertainable regulations and standards applicable to this appeal,” and that the record failed to show that the plaintiffs violated any zoning regulation applicable to the application. The court further found, sua sponte, that certain Stamford zoning regulations (§ 19.3.2 [a] [1], [2], [3] and [4]) were unconstitutional as impermissibly vague. The defendant then appealed to this court.

The trial court rendered its judgment in an oral decision and later summarized its decision in a written memorandum of decision in response to a motion for articulation. The trial court found that the plaintiffs satisfied all ascertainable standards in the regulations, such as size, dimension setbacks, and the like, but that [5]*5the standards found in § 19.3.2 (a) (1), (2), (3) and (4) were unconstitutional as impermissibly vague.1

The plaintiffs failed to argue or brief the issues of vagueness and unconstitutionality of the standards at the trial court. Rather, the trial court raised them sua sponte. In Barberino Realty & Development Corporation v. Planning & Zoning Commission, 222 Conn. 607, 620, 610 A.2d 1205 (1992), our Supreme Court stated, “[w]e have held that the burden of showing that regulations are unconstitutionally vague rests with the plaintiff. Russo v. East Hartford, 179 Conn. 250, 257, 425 A.2d 1282 (1979), cert. denied, 445 U.S. 940, 100 S. Ct. 1334, 63 L. Ed. 2d 773 (1980); see also Kellems v. Brown, 163 Conn. 478, 486, 313 A.2d 53 (1972), appeal dismissed, 409 U.S. 1099, 93 S. Ct. 911, 34 L. Ed. 2d [6]*6678 (1973). Moreover, the plaintiff is required to show that the regulation complained of is impermissibly vague as applied to the facts of the particular case. Bombero v. Planning & Zoning Commission, 218 Conn. 737, 743, 591 A.2d 390 (1991); see also Ghent v. Planning Commission, [219 Conn. 511, 518, 594 A.2d 5 (1991)]. The plaintiff has not met these burdens in this appeal.”

In this case, the plaintiffs never alleged that the regulations were vague or unascertainable nor did they demonstrate that the regulations were vague as applied to the facts of this case. A zoning commission acts in an administrative capacity in its review of an application seeking a special permit use. Sheridan v. Planning Board, 159 Conn. 1, 16, 266 A.2d 396 (1969).

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Bluebook (online)
613 A.2d 1358, 29 Conn. App. 1, 1992 Conn. App. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connecticut-health-facilities-inc-v-zoning-board-of-appeals-of-stamford-connappct-1992.