Jablon v. Town Planning & Zoning Commission

254 A.2d 914, 157 Conn. 434, 1969 Conn. LEXIS 524
CourtSupreme Court of Connecticut
DecidedJanuary 16, 1969
StatusPublished
Cited by14 cases

This text of 254 A.2d 914 (Jablon v. Town Planning & Zoning Commission) 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
Jablon v. Town Planning & Zoning Commission, 254 A.2d 914, 157 Conn. 434, 1969 Conn. LEXIS 524 (Colo. 1969).

Opinion

Cotter, J.

The defendant town planning and zoning commission of the town of Newtown held a public hearing on June 10, 1966, on the application of the defendants John W. Anderson, owner, and Smith, Kline and French Laboratories, optionee, to amend the zoning map by changing the classification of a parcel of Anderson’s land consisting of approximately 47.448 acres from a farming and residential (R-l) district to an M-2 industrial district. Thereafter, at an executive session, the commission granted a change of zone of the tract in question to an M-2A industrial district.1

I

The plaintiffs alleged in their appeal to the Court of Common Pleas that the commission previously, on April 1, 1966, “denied a change of zoning classification of the premises . . . and no new con[437]*437ditions have arisen, nor have any changes occurred since said decision was made which have substantially altered the character of the area.” At a meeting in February, 1966, the commission, in executive session, considered obtaining assistance in the area of “industrial site evaluation” and voted to engage Technical Planning Associates “for the immediate purpose of recommending residential locations which would be more suitable for industrial use, and also for their assistance to the Advisory Committee in reviewing the zoning regulations.” A month later, the commission, on its own initiative, in accordance with a motion made by Arthur Spector, its chairman, voted to hold a pubic hearing to consider a change of zone, from a farming and residential (R-l) district to an M-2 industrial district, of approximately eighty acres of land owned by Anderson, John and Hazel Sedor, and Vincent and Margaret Jablon and including the subject property, which is only a portion of the property owned by Anderson. A full public hearing was held by the commission on its application on March 25, 1966. At that public hearing, Spector gave the presentation for the commission. At the executive session of the commission on April 1, 1966, “ [a]fter lengthy discussion, it was moved by Arthur Spector that the Commission reject its application . . . pending updating of the zoning regulations governing industrial land.” This action would appear to be in a sense a withdrawal by the commission of the application it initially sponsored which involved other parcels of a different size and which requested a change to a zonal classification other than the one granted in the present case.

We are cautious about disturbing the decision of the commission to proceed and act on the present [438]*438application where it appears from the lengthy-record before us that the judgment of the commission in this respect has been reasonably and fairly exercised and honestly arrived at after giving proper consideration to the public welfare in evaluating the needs of the town in relation to the appropriate use of land throughout the town. Metropolitan Homes, Inc. v. Town Plan & Zoning Commission, 152 Conn. 7, 11, 202 A.2d 241. It does not appear that the commission, acted improperly in considering the application under review in the present case. The action taken on the former petition did not preclude the commission from passing as it did on the application of Anderson and Smith, Kline and French Laboratories. Turdin v. Town Plan & Zoning Commission, 145 Conn. 416, 419, 143 A.2d 639.

II

It is fundamental that the change must be in harmony with and in conformity to a comprehensive plan as mandated by G-eneral Statutes § 8-2, under which the town originally adopted its zoning regulations.2 The comprehensive plan is found in the zoning regulations themselves and the zoning map, which are part of the record before us. New-[439]*439town is a small suburban town with an estimated population of under 14,000 people. It is situated a short distance north of Bridgeport and east of Danbury with access highways readily connecting Newtown to these cities. The zoning map indicates that there are only a few business or industrial districts, relatively small in size, scattered throughout the town. The change of zone is a municipal enactment by the local legislative body authorized to make such a change and is to be distinguished from the decision of a board of appeals granting a variance. Allin v. Zoning Commission, 150 Conn. 129, 133, 135, 186 A.2d 802. The amendment of zoning ordinances is a matter within the sound legislative discretion of the zoning commission, and, in the determination whether reclassification of a single area is arbitrary, unreasonable, illegal or in abuse of such discretion, each case must be considered on its own facts and circumstances. Keeler v. Council Bluffs, 246 Iowa 202, 208, 214, 66 N.W.2d 113; 101 C. J.S., Zoning, § 33; 62 C.J.S., Municipal Corporations, § 226 (12); 58 Am. Jur., Zoning, § 39 & Cum. Sup. 1968.

The 47.448 acres in question consist of undeveloped land at the intersection of interstate route 84 and Connecticut route 25 in the Hawleyville section of the town. The tract is bounded by highways except in the southwesterly corner of the property, where it adjoins privately owned land occupied by a motel and zoned as a B-2 business district, and except on the east where it adjoins land of Jablon and Sedor and the remaining Anderson property. Anderson owns a parcel of approximately ninety acres in which is included the rezoned tract in question. Buildings on the portion rezoned herein would be visible from existing residences west of Con[440]*440necticut route 25 but probably not from the nearest residences on the east, which are at least 1800 to 2000 feet away, as found by the commission. The highways bounding the tract are interstate route 84 on the north, Connecticut route 25 on the west, and combined United States route 6 and Connecticut route 25 on the south. In its northwesterly corner the parcel abuts a full interchange at interstate route 84 with access to routes 6 and 25. There are some business uses, conforming as well as nonconforming, in the immediate vicinity, and there is a parcel of ninety acres across interstate route 84 to the north which is zoned as an M-l industrial district.

In addition to the location of the property as described, among other considerations, the commission gave as the basis for its action the following: It viewed the site and did not consider it to be prime residential land. See Petrillo v. Board of Zoning Appeals, 147 Conn. 469, 471, 473, 162 A.2d 508. The highest and best use of the tract is for light industry, laboratory and office uses. There are at present only two expressway interchanges in New-town, whereas there is ample undeveloped residential land elsewhere in town, and rezoning this tract should result in a minimum increase in traffic burden to local streets. The trend of industrial construction is to locate near expressway interchanges, and the construction of interstate route 84 with the access to Connecticut routes 25 and 6 resulted in a change in the area justifying such a new zonal classification. See Ball v.

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Bluebook (online)
254 A.2d 914, 157 Conn. 434, 1969 Conn. LEXIS 524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jablon-v-town-planning-zoning-commission-conn-1969.