Loh v. Town Plan & Zoning Commission

282 A.2d 894, 161 Conn. 32, 52 A.L.R. 3d 486, 1971 Conn. LEXIS 534
CourtSupreme Court of Connecticut
DecidedMarch 30, 1971
StatusPublished
Cited by38 cases

This text of 282 A.2d 894 (Loh v. Town Plan & 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
Loh v. Town Plan & Zoning Commission, 282 A.2d 894, 161 Conn. 32, 52 A.L.R. 3d 486, 1971 Conn. LEXIS 534 (Colo. 1971).

Opinion

Shapiro, J.

The defendant plan and zoning commission of the town of Fairfield held a public hearing on November 28, 1967, on the application of the defendant Albert A. Garofalo, seeking to amend the zoning map by changing the classification of a parcel of his land consisting of approximately 6.8 acres from a residence A district to a designed residence district No. 1, hereinafter sometimes referred to as DRD-1. Thereafter, on January 23, 1968, at an executive session, the commission unanimously voted to grant the requested change of zone of the land in question. An appeal was taken to the Court of Common Pleas which heard evidence limited to the issue of its jurisdiction. The court found Mr. and Mrs. Walter E. Nichols, hereinafter referred [34]*34to as the plaintiffs, to be aggrieved persons for the purpose of taking the appeal. At the hearing before the court, the plaintiffs moved that the court view the land involved in the zone change and the surrounding area. The court denied the request of the plaintiffs. From a judgment sustaining the action of the commission the plaintiffs have appealed and assign as error the court’s failure to view the premises and certain conclusions of the trial court with regard to the granting of the application for a change of zone.

The property covered by the change of zone is situated in Southport in the town of Fairfield. It forms part of a tract of land consisting of approximately 11.8 acres. The 6.8 acres here in question are bounded on one side by the New York, New Haven and Hartford Railroad for approximately 580 feet and on another side by the Connecticut Turnpike for approximately 525 feet.

I

We consider first the plaintiffs’ claim of error that the Court of Common Pleas erred in not viewing the premises in issue and the surrounding area and in Concluding that it was not necessary to do so. In their brief, the plaintiffs allege that “Southport is unique and that the conditions in Southport are unique and would not be properly appreciated by the Court in the absence of an inspection of the premises and the surrounding area.” The plaintiffs, however, have presented no facts to demonstrate that the trial court erred in its conclusion that the record returned by the commission was adequate to present the questions concerned in the appeal. They have not assigned this conclusion as error. See Practice Book § 65'2. We agree, furthermore, with the trial [35]*35court’s conclusion that the record returned by the commission was adequate to present the issues before it.

II

The plaintiffs claim that the change of zone is violative of the town’s comprehensive plan. In support of this claim they rely solely upon a plan of development adopted by the commission in 1961. In Dooley v. Town Plan & Zoning Commission, 154 Conn. 470, 472-73, 226 A.2d 509, we had the occasion to review this plan and stated that the plan of development of 1961 is not a comprehensive plan but rather is a master plan. The designation by this master plan of land uses in various areas is merely advisory. Dooley v. Town Plan & Zoning Commission, supra, 473. It does not control the commission in its enactment of zoning regulations. Ibid. Essentially, the basic contention of the plaintiffs is that the recommended criteria found in the plan of development for the establishment of “garden apartments” were not satisfied by the defendant Garofalo’s application. There is nothing before us, however, which clearly demonstrates that the criteria for “garden apartments” apply to the establishment of a designed residence district No. 1 zone. Any consideration, therefore, of the plaintiffs’ contention would require resort to conjecture and surmise. This we cannot do.

The town’s comprehensive plan of zoning is to.be found in the scheme of the zoning regulations themselves, which are primarily concerned with the use of property. Lebanon v. Woods, 153 Conn. 182, 188, 215 A.2d 112; see General Statutes § 8-2. The Fair-field zoning regulations provide for the establishment of DRD-1 zones under very detailed and strin[36]*36gent regulations. Fairfield Zoning Regs. § 10.0. A designed residence district No. 1 classification permits, in addition to the uses allowed in the former zone, dwellings for four or more families on lots having a minimum of 9375 square feet for each dwelling plus 3000 square feet for each family in excess of one in any dwelling on the lot. Fairfield Zoning Regs. §§ 10.3, 10.3.1, 10.4. No building or structure can exceed the height of three stories or forty feet, whichever is less. § 10.7. The aggregate lot coverage of all buildings and other structures on any lot cannot exceed 20 percent of the area of the lot. § 10.8. The Fairfield zoning map indicates the existence of DRD-1 zones at various locations in the town.

In voting the change of zone of the land in question, the commission has placed it in a zone which is subject to specific and stringent limitations. Fair-field Zoning Regs. § 25.0. Before any building or structure can be erected on a parcel of land having a DRD-1 classification, an application for a special permit must be presented to the commission. A prospective developer must submit a statement of the proposed use of the property, detailed site and architectural plans, and any other information the commission deems necessary. After the submission of the application, a further public hearing is held. The site plan, architectural design, conforniityjfco the plan of development of the neighborhood, and the general specifications found in § 10 of the regulations are all reviewed by the commission before it grants a special permit. The procedure outlined “affords ample protection to anyone who may be immediately affected.” Summ v. Zoning Commission, 150 Conn. 79, 88, 186 A.2d 160. “In approving the application for a DRD-1 zone, the commission [37]*37is implementing the concept of a more flexible land use policy which provides for adequate safeguards.” Dooley v. Town Plan & Zoning Commission, supra, 477.

Among the reasons given by the commission for approving the change of zone were the following: “2. The designation of the 6.8 acres of land for Designed Residence District #1 uses is an appropriate and logical development within the neighborhood and will insure the long range protection of the value of residential environment. 3. The site is logically located within reasonable distance of community facilities and major highways to provide for the proper traffic circulation. 4. The Designed District classification and special permit requirements will assure the appropriate development of such character to harmonize with the neighborhood, to enhance the appearance of the community and to avoid undue traffic congestion. 5. The Designed Residence District #1 classification permits moderate increase in residential density while preserving the long range residential value of the neighborhood.”

“The circumstances and conditions in matters of zone changes and regulations are peculiarly within the knowledge of the zoning commission. Where it appears that an honest judgement has been reasonably and fairly exercised after a full hearing, courts should be cautious about disturbing the decision of the local authority.” Kutcher v.

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Bluebook (online)
282 A.2d 894, 161 Conn. 32, 52 A.L.R. 3d 486, 1971 Conn. LEXIS 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loh-v-town-plan-zoning-commission-conn-1971.