Quality Sand & Gravel, Inc. v. Planning & Zoning Commission

738 A.2d 1157, 55 Conn. App. 533, 1999 Conn. App. LEXIS 416
CourtConnecticut Appellate Court
DecidedNovember 2, 1999
DocketAC 18685
StatusPublished
Cited by46 cases

This text of 738 A.2d 1157 (Quality Sand & Gravel, Inc. 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
Quality Sand & Gravel, Inc. v. Planning & Zoning Commission, 738 A.2d 1157, 55 Conn. App. 533, 1999 Conn. App. LEXIS 416 (Colo. Ct. App. 1999).

Opinion

Opinion

LAVERY, J.

The defendant planning and zoning commission of the city of Torrington (commission) appeals from the judgment of the trial court sustaining the plaintiffs appeal from the commission’s denial of a special exception application. On appeal before us, the commission claims that the court improperly (1) determined that the plaintiffs use, which was permitted by special exception, was conclusively presumed to be compatible and valid, (2) relied on the commission’s master plan because the plan is merely advisory in nature and (3) substituted its judgment for that of the commission in [535]*535interpreting the commission’s zoning regulations. We affirm the judgment of the trial court.

The following facts are relevant to this appeal. On April 1, 1997, the plaintiff, Quality Sand and Gravel, Inc., doing business as B & B Group, applied to the commission for a special exception to perform earth and rock excavation pursuant to § 6.4 of the Torrington zoning regulations for real property at 260 Burr Mountain Road (Burr Mountain property). The plaintiff had an option to buy the Burr Mountain property, which is contiguous to its quarry operation. The owners of the Burr Mountain property authorized the plaintiff to obtain a special exception.

The Burr Mountain property is in an outlying residence zone (R-60) surrounded by the following properties: to the north, O & G Industries’ quarry (R-60 zone); to the east, the plaintiffs quarry; to the south, the old Torrington drive-in movie theater and two nonconforming residences (industrial zone); and to the west, a residence owned and occupied by individuals who previously subdivided their real property to sell land to O & G Industries for its quarry and access road.

On May 7, 1997, Bruce Hoben, staff planning consultant to the commission, submitted a memorandum and map in which he recommended certain alterations to the plaintiffs proposal. The commission published notice and held a public hearing on the plaintiffs special exception application on May 14, 1997, which was continued on May 28, 1997, and closed on June 10, 1997. In response to Hoben’s May 7, 1997 report, the plaintiff submitted a revised proposal at the May 14 meeting, which incorporated all of Hoben’s recommendations, including a 400 foot buffer zone along Burr Mountain Road. The commission heard evidence and accepted correspondence from individuals for and against the application.

[536]*536The commission met in executive session on June 25, 1997, and received a second report from Hoben. At its July 23, 1997 meeting, the commission denied the special exception application and cited reasons for doing so on the record. The motion to deny the special exception application stated that it was made on the basis of “the unacceptable intrusion into a viable residential zone. Expansion into a residential zone is not a right of the applicant; protecting the residential zone is the responsibility of this commission. Although the master plan suggests the need for industrial property, it does not. . . imply that a viable neighborhood [may] be encroached upon to reach that need.” The plaintiff appealed to the trial court on August 8, 1997, from the commission’s decision.

The court sustained the plaintiffs appeal, concluding that the proposed use of the Burr Mountain property should be presumed conclusively to be valid and that the commission improperly inquired into the effect the proposed use would have on property values or the harmony of the district. We granted the commission’s application for certification to appeal. After reviewing the briefs and hearing oral argument, the two pertinent issues we decide are (1) whether the court applied the proper standard of review and (2) whether, under the proper standard, there was substantial evidence in the record to uphold the commission’s decision.

I

The first issue to be determined is the standard of review the trial court should apply to an appeal from a planning and zoning commission’s decision concerning an application for a special exception to zoning regulations. Here, the court improperly applied the presumption of compatibility of uses standard to its review of the plaintiffs appeal.1

[537]*537“When considering' an application for a special exception, a zoning authority acts in an administrative capacity, and its function is to determine whether the proposed use is expressly permitted under the regulations, and whether the standards set forth in the regulations and statutes are satisfied. A. P. & W. Holding Corporation v. Planning & Zoning Board, 167 Conn. 182, 185, 355 A.2d 91 (1974). It has no discretion to deny the special exception if the regulations and statutes are satisfied. Westport v. Norwalk, 167 Conn. 151, 155, 355 A.2d 25 (1974). When a zoning authority has stated the reasons for its actions, a reviewing court may determine only if the reasons given are supported by the record and are pertinent to the decision. Spectrum of Connecticut, Inc. v. Planning & Zoning Commission, 13 Conn. App. 159, 163-64, 535 A.2d 382, cert. denied, 207 Conn. 804, 540 A.2d 373 (1988). The zoning board’s action must be sustained if even one of the stated reasons is sufficient to support, it. Torsiello v. Zoning Board of Appeals, 3 Conn. App. 47, 50, 484 A.2d 483 (1984). In light of the existence of a statutory right of appeal from the decisions of local zoning authorities, however, a court cannot take the view in every case that the discretion exercised by the local zoning authority must not be disturbed, for if it did the right of appeal would be empty .... In reviewing the action of the trial court, we have to decide whether it could in logic and in law reach the conclusion that the [defendant] should be overruled. Suffield Heights Corporation v. Town Planning Commission, 144 Conn. 425, 428, 133 A.2d 612 (1957).” (Internal quotation marks omitted.) Daughters of St. Paul, Inc. v. Zoning Board of Appeals, 17 Conn. App. 53, 56-57, 549 A.2d 1076 (1988).

The “general considerations such as public health, safety and welfare, which are enumerated in zoning [538]*538regulations, may be the basis for the denial of a special permit.” Irwin v. Planning & Zoning Commission, 244 Conn. 619, 627, 711 A.2d 675 (1998); Whisper Wind Development Corp. v. Planning & Zoning Commission, 229 Conn. 176, 177, 640 A.2d 100 (1994).

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

Related

City of Meriden v. Planning & Zoning Commission
77 A.3d 859 (Connecticut Appellate Court, 2013)
Egan v. Planning Board of Stamford
47 A.3d 402 (Connecticut Appellate Court, 2012)
Kraiza v. Planning & Zoning Commission
997 A.2d 583 (Connecticut Appellate Court, 2010)
Martland v. Zoning Com'n of Town of Woodbury
971 A.2d 53 (Connecticut Appellate Court, 2009)
Blinkoff v. O AND G INDUSTRIES, INC.
965 A.2d 556 (Connecticut Appellate Court, 2009)
Sydoriak v. Zoning Board of Appeals
879 A.2d 494 (Connecticut Appellate Court, 2005)
Kobyluck v. Planning & Zoning Commission
852 A.2d 826 (Connecticut Appellate Court, 2004)
Dodson Boatyard, LLC v. Planning & Zoning Commission
823 A.2d 371 (Connecticut Appellate Court, 2003)
P. Silberman, Inc. v. Stamford Zba, No. Cv 01 0186219 (Mar. 12, 2003)
2003 Conn. Super. Ct. 3222 (Connecticut Superior Court, 2003)
Orzel v. Old Lyme Zba, No. 557841 (Jan. 30, 2003)
2003 Conn. Super. Ct. 1659 (Connecticut Superior Court, 2003)
Burns v. Stamford Zba, No. Cv 01 0182512 (Dec. 20, 2002)
2002 Conn. Super. Ct. 16151 (Connecticut Superior Court, 2002)
Kovacs v. New Milford Zc, No. Cv 01 0084077 (Dec. 17, 2002)
2002 Conn. Super. Ct. 16328 (Connecticut Superior Court, 2002)
Kovacs v. New Fairfield Zba, No. Cv01 085684s (Dec. 17, 2002)
2002 Conn. Super. Ct. 16225 (Connecticut Superior Court, 2002)
Municipal Funding, LLC v. Zoning Board of Appeals
810 A.2d 312 (Connecticut Appellate Court, 2002)
Sam's Real Est. v. Manchester Pzc, No. Cv 01 0811985 S (Dec. 9, 2002)
2002 Conn. Super. Ct. 15997 (Connecticut Superior Court, 2002)
Bethlehem Christian Fellowship, Inc. v. Planning & Zoning Commission
807 A.2d 1089 (Connecticut Appellate Court, 2002)
A. Aiudi & Sons, LLC v. Planning & Zoning Commission
806 A.2d 77 (Connecticut Appellate Court, 2002)
Bc Properties v. New Haven Zba, No. Cv01-0455940 S (X20) (Sep. 17, 2002)
2002 Conn. Super. Ct. 11878 (Connecticut Superior Court, 2002)
Cosell v. Stamford Zba, No. Cv 99 0174967 (Sep. 10, 2002)
2002 Conn. Super. Ct. 11624 (Connecticut Superior Court, 2002)
Lillis v. New Milford Zc, No. Cv 01 0086340s (Jul. 3, 2002)
2002 Conn. Super. Ct. 8633 (Connecticut Superior Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
738 A.2d 1157, 55 Conn. App. 533, 1999 Conn. App. LEXIS 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quality-sand-gravel-inc-v-planning-zoning-commission-connappct-1999.