Federico v. Planning & Zoning Commission

500 A.2d 576, 5 Conn. App. 509, 1985 Conn. App. LEXIS 1188
CourtConnecticut Appellate Court
DecidedNovember 19, 1985
Docket2743; 2751
StatusPublished
Cited by20 cases

This text of 500 A.2d 576 (Federico v. Planning & Zoning Commission) 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
Federico v. Planning & Zoning Commission, 500 A.2d 576, 5 Conn. App. 509, 1985 Conn. App. LEXIS 1188 (Colo. Ct. App. 1985).

Opinion

Hull, J.

In this zoning case, the defendant property owners, Vincent and Madeline San Fillippo, and the defendant planning and zoning commission of the town of Trumbull were granted certification to appeal the judgment of the trial court. That judgment sustained the plaintiffs’ appeal from the commission’s approval of a two lot subdivision of the owners’ land located on the northeasterly side of Leonard Place at the intersection of Williams Road in Trumbull. The plaintiffs’ own land abutting the property in question.

The underlying facts are not in dispute. The property consists of 1.66 acres zoned Residence A. The minimum area in such a zone is one-half acre. The owners’ application proposed resubdivision1 as illustrated in the appendix to this opinion. Using this creative resubdivision plan, the owners formed two lots, one fronting on a new street, Lynn Place (Lot l),2 and an additional lot (Lot 2) fronting on Lynn Place along a strip of land extending to Leonard Place. The commission approved the application and the plaintiffs appealed that approval.

In sustaining the appeal, the court concluded that the commission approved a plan of resubdivision which did [511]*511not conform either to the land subdivision regulations or to the zoning regulations of Trumbull. The court found that the layout of Lynn Place in the application is such that the block length between Lynn Place and Arrowhead Road is shorter than the 300 feet required by the land subdivision regulations.3 The court also found that the proposed residential use of Lot 2 would violate front yard, rear yard and frontage requirements of the zoning regulations.

The defendants raise the following claims of error by the trial court: (1) Did the court err in sustaining the appeal on the grounds that the subdivision would create a “block” which would not satisfy the requirements for block dimension in the regulations, where no “block” as defined in Westport v. Norwalk, 167 Conn. 151, 355 A.2d 25 (1974), was in fact created? (2) Even if the defendants’ application had created a new block, did the court err in sustaining the appeal for failure of the application to satisfy block dimensions, where the commission had discretion under its regulations to relax those requirements? (3) Did the court err in sustaining the appeal based on purported noncompliance with yard and frontage requirements, when such requirements relate only to the use of land (zoning) which is irrelevant and inapplicable in connection with subdivision approval (planning)? (4) Did the trial court misconstrue the regulations and commit mathematical error with respect to the defendants’ compliance with yard and frontage requirements?

[512]*512The defendants admit that the block length between Lynn Place and Arrowhead Road is less than 300 feet. They claim, however, that since no “block” was created by the approval of their application, the 300 foot requirement between intersections is irrelevant. We agree.

The court’s conclusion is inconsistent with Westport v. Norwalk, supra. The plaintiffs in that case claimed that the town planning and zoning commission’s approval of the subdivision plan involved was illegal in that it violated § 3.07 of the subdivision regulations which prohibited the creation by new subdivision of blocks which were more than 1200 feet long.4 In responding to that argument, the Supreme Court stated: “In analyzing § 3.07 of the regulations . . . it is clear that the language clearly and unambiguously indicates the intent that § 3.07 is to be considered only when ‘new’ land in subdivisions is actually created in ‘block’ form. It does not require that all newly developed land be divided into ‘blocks.’ In this regard, the regulation is not subject to modification by construction.” (Citations omitted.) Westport v. Norwalk, supra, 162-63.

“Whether § 3.07 is relevant to the present case depends upon whether a ‘block’ has been created by the subdivision plan as submitted by [the defendant property owners]. Words used in statutes and regulations ‘are to be construed according to their commonly approved usage.’ Klapproth v. Turner, 156 Conn. 276, 280, 240 A.2d 886 [1968]. See Hartford Electric Light Co. v. Water Resources Commission, 162 Conn. 89, 100, 291 A.2d 721 [1971]; State v. Cataudella, 159 Conn. 544, [513]*513553, 271 A.2d 99 [1970]; State v. Benson, 153 Conn. 209, 214, 214 A.2d 903 [1965]. ‘Or, stated another way, statutory language is to be given its plain and ordinary meaning. State v. Taylor, 153 Conn. 72, 82, 214 A.2d 362 [1965].’ Klapproth v. Turner, supra, 280. Black, Law Dictionary (3d Ed.) defines ‘block’ as ‘[a] square or portion of a city or town inclosed by streets .... The platted portion of a city surrounded by streets.’ Webster, Third New International Dictionary defines the word, inter alia, as ‘a usu. rectangular space (as in a city) enclosed usu. by streets but sometimes by other bounds (as rivers or railroads).’ See Berndt v. City of Ottawa, 179 Kan. 749, 298 P.2d 262 [1956]; Sports Center, Inc. v. City of Wichita, 176 Kan. 84, 269 P.2d 399 [1954]; Harrison v. People ex rel. Boetter, 195 Ill. 466, 63 N.E. 191 [1902]; Block, Words & Phrases (Perm. Ed.), pp 781-89, and cases cited therein.

“In the present case, the subdivision map does not depict the subdivision as creating any ‘block’ as intended by § 3.07 of the regulations in the light of the commonly approved meaning of the word. The tract of land in question is bounded by streets only on three sides—on the east by Cranbury Road, on the north by Partrick Avenue and on the west by Wolfpit Avenue. To the south the tract is bounded by privately-owned property which is not owned or controlled by [the defendant property owners]; nor does Regency Drive, the proposed new street running approximately 2100 feet from Partrick Avenue to Wolfpit Avenue, enclose any of the tract so as to create a block. No block having been created, regulation § 3.07 requiring ‘blocks,’ only if in fact created, to be a certain minimum width and minimum and maximum length, is irrelevant to the present case and could not, a fortiori, be violated as the plaintiffs contend.” Westport v. Norwalk, supra, 163-64.

[514]*514The plaintiffs attempt in vain to distinguish Westport by pointing out that the Norwalk regulation is devoid of any reference to a stated purpose such as reducing the number of intersections, as is contained in the Trumbull regulations. This distinction is immaterial in face of the Supreme Court’s four square definition of “block.” The creation of Lynn Place and the resubdivision of the remaining land into two lots did not create a block.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lepage Homes, Inc. v. Planning & Zoning Commission
812 A.2d 156 (Connecticut Appellate Court, 2002)
Cortese v. Planning Z. Comm., No. Cv 00-0505689 S (Sep. 3, 2002)
2002 Conn. Super. Ct. 11371 (Connecticut Superior Court, 2002)
Cortese v. Planning Z. Comm., No. Cv 00-0505690 S (Sep. 3, 2002)
2002 Conn. Super. Ct. 11385 (Connecticut Superior Court, 2002)
Garrison v. Planning Board of Stamford
784 A.2d 951 (Connecticut Appellate Court, 2001)
Garrison v. Planning Board of Stamford, No. Cv 99-0172754 S (Apr. 26, 2000)
2000 Conn. Super. Ct. 4819 (Connecticut Superior Court, 2000)
Lariviere v. Deep River Plan., Zoning, No. Cv97-0081313-S (Nov. 19, 1997)
1997 Conn. Super. Ct. 11911 (Connecticut Superior Court, 1997)
Flebeau v. East Hartford P. Z. Comm., No. Cv 95-0549833s (Jul. 18, 1996)
1996 Conn. Super. Ct. 5149-RRRR (Connecticut Superior Court, 1996)
Wilmot v. Planning Zoning Commission, No. Cv 94 55837 S (Dec. 21, 1995)
1995 Conn. Super. Ct. 14535 (Connecticut Superior Court, 1995)
Mailloux v. Planning Zoning Commission, No. 318723 (Dec. 21, 1995)
1995 Conn. Super. Ct. 13886 (Connecticut Superior Court, 1995)
Bloom v. Zon. Bd. of Appeals, Norwalk, No. Cv 93-0303191 (Feb. 23, 1994)
1994 Conn. Super. Ct. 1901 (Connecticut Superior Court, 1994)
Ryan v. Farmington Zoning Board of App., No. Cv92-0513984s (Feb. 4, 1994)
1994 Conn. Super. Ct. 1217 (Connecticut Superior Court, 1994)
Lomazzo v. Zoning Bd. of Appeals, No. Cv 93-0306397 (Jan. 27, 1994)
1994 Conn. Super. Ct. 806 (Connecticut Superior Court, 1994)
Kordiak v. Town of Woodbridge, No. Cv 92-0336745 (Jul. 21, 1993)
1993 Conn. Super. Ct. 6686 (Connecticut Superior Court, 1993)
Povinelli v. Plan. Zon. Bd., Milford, No. Cv91036304s (May 18, 1992)
1992 Conn. Super. Ct. 4565 (Connecticut Superior Court, 1992)
Friends of Eccleston v. Town of Groton, No. 09 74 71 (May 4, 1992)
1992 Conn. Super. Ct. 4121 (Connecticut Superior Court, 1992)
Posick v. Zoning Board, Beacon Falls, No. Cv90 033027s (Dec. 21, 1990)
1990 Conn. Super. Ct. 4888 (Connecticut Superior Court, 1990)
Lee v. Planning Zon. Comm'n, Tolland, No. Cv 90-0043898 (Nov. 21, 1990)
1990 Conn. Super. Ct. 4109 (Connecticut Superior Court, 1990)
Krawski v. Planning & Zoning Commission
575 A.2d 1036 (Connecticut Appellate Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
500 A.2d 576, 5 Conn. App. 509, 1985 Conn. App. LEXIS 1188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federico-v-planning-zoning-commission-connappct-1985.