Rosenberg v. Planning Board

236 A.2d 895, 155 Conn. 636, 1967 Conn. LEXIS 597
CourtSupreme Court of Connecticut
DecidedDecember 19, 1967
StatusPublished
Cited by16 cases

This text of 236 A.2d 895 (Rosenberg v. Planning Board) 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
Rosenberg v. Planning Board, 236 A.2d 895, 155 Conn. 636, 1967 Conn. LEXIS 597 (Colo. 1967).

Opinion

Thim, J.

The defendant Edward H. Benenson owns approximately thirty-five acres of unimproved land in Stamford on which he desires to construct office and laboratory buildings. Benenson’s land is presently designated in the city’s master plan as “Residential Single Family Plots Less Than One Acre.” It is also zoned for that use on the city’s zoning map. A change in the zone classification is necessary before the land can be put to the contemplated , use. The Stamford municipal charter provides that j the zoning map cannot be amended by the zoning f board “to permit a use in any area which is contrary j to the general land use established for such area l by the master plan.” Stamford Charter §552; I 26 Spec. Laws 1234 § 552; Huhta v. Zoning Board I [638]*638of Appeals, 151 Conn. 694, 698, 202 A.2d 139. Consequently, Benenson took the preliminary step to obtaining a change of zone by requesting the planning board in July, 1964, to change his property’s designation in the master plan from “Residential Single Family Plots Less Than One Acre” to “Designed Commercial or Industrial Parks.” After a public hearing, the planning board decided to grant his request. The plaintiffs, who are the owners of property in proximity to Benenson’s land, appealed this decision to the Court of Common Pleas, which sustained their appeal. From the judgment of the Court of Common Pleas, the defendants appealed to us. The plaintiffs have filed a cross appeal.

The Court of Common Pleas gave three reasons for sustaining the plaintiffs’ appeal to that court: (1) Benenson failed to show conditions had changed since the denial of a similar application five years earlier. (2) Without planned provision for increased traffic, the change would create a traffic problem. (3) The change was made for the benefit of Benen-son at the expense of surrounding property owners.

The record reveals that in August, 1959, the planning board denied a similar application which sought a change of the designation of this property in the master plan. The trial court was of the opinion that a legislative body such as the planning board could not change the designation of this property in the master plan unless it was shown that there had been a change of conditions since the denial of a prior similar application. We disagree. In the first place, the defendant planning board cannot properly be regarded as a legislative body. Ordinarily, as is the case in municipalities which operate under the general law, the designation by the master plan of land uses in various areas is [639]*639merely advisory. See such cases as Dooley v. Town Plan & Zoning Commission, 154 Conn. 470, 473, 226 A.2d 509; Levinsky v. Zoning Commission, 144 Conn. 117, 123, 127 A.2d 822. The Stamford master plan is more than this. As we have noted, under the Stamford charter the zoning board cannot amend the zoning map in a manner inconsistent with the master plan, which is prepared by the planning board. Nevertheless the planning board does not legislate. It has no power to make, amend or repeal existing zoning regulations or zone boundaries. See Metropolitan Homes, Inc. v. Town Plan & Zoning Commission, 152 Conn. 7, 10, 202 A.2d 241. Its duty is to make recommendations to the zoning board “designed to promote with the greatest efficiency and economy the coordinated development of the municipality and the general welfare, health and safety of its people.” Stamford Charter §522; 26 Spec. Laws 1229 § 522. In order properly to fulfil its duty, the planning board must anticipate rather than await changes of conditions. To hold that without a change of conditions the planning board is powerless to amend the master plan would be to thwart a prime function of the planning board which is to anticipate and direct the future orderly development of the city of Stamford.

Even if the planning board could be considered a legislative body, the fact that conditions have not changed since the denial of a prior similar application would not preclude it from amending the master plan. As we recently pointed out, “[a] legislative body is not necessarily bound by the rule which prohibits administrative boards, such as a zoning board of appeals, from reversing earlier decisions without a change in circumstances. Young v. Town Planning & Zoning Commission, . . . [151 [640]*640Conn. 235, 243, 196 A.2d 427]; Corsino v. Grover, 148 Conn. 299, 310, 170 A.2d 267; see 1 Yokley, Zoning Law and Practice (3d Ed.) § 7-3.” Malafronte v. Planning & Zoning Board, 155 Conn. 205, 209, 230 A.2d 606. A legislative body ought to be free to amend its enactments when, for example, time and experience have shown the existing provisions are unwise or a change is desirable. Andrew C. Petersen, Inc. v. Town Plan & Zoning Commission, 154 Conn. 638, 643, 228 A.2d 126; Metropolitan Homes, Inc. v. Town Plan & Zoning Commission, supra. Indeed, under some circumstances, the lack of any change of conditions may indicate to the legislative body that a change of zone boundaries or regulaI tions is desirable to encourage municipal development.

The second reason given by the trial court for sustaining the plaintiffs’ appeal was that the amendment of the master plan by the planning board would increase traffic congestion and that no provisions had been made for the alleviation of that problem. Again, the trial court misconceived the function and power of the planning board. The amendment to the master plan in no way alters existing zone boundaries. It does not affect the uses permitted under the zoning regulations, nor can it have any impact on present traffic patterns. The possible impact of a change of zone on the existing traffic patterns and facilities will, of course, require the attention of the zoning board if and when an application is made to the zoning board for a change of zone. Stamford Charter § 550; 26 Spec. Laws 1234 § 550; see Gordon v. Zoning Board, 145 Conn. 597, 601, 604, 145 A.2d 746.

The final reason stated by the trial court for sustaining the appeal was that the change of the master [641]*641plan was made only for the benefit of one property owner at the expense of the surrounding property owners. It seems obvious that Benenson will benefit by the change, provided the zoning board rezones the property. If the predominant purpose of the planning board in amending the master plan, however, was to benefit Stamford as a whole rather than Benenson, its action was not unreasonable and arbitrary although Benenson will receive incidental benefit from the change. See Levinsky v. Zoning Commission, 144 Conn.

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

Related

Rios v. CCMC CORPORATION
943 A.2d 544 (Connecticut Appellate Court, 2008)
Cristofaro v. Town of Burlington
584 A.2d 1168 (Supreme Court of Connecticut, 1991)
Czarnecki v. Plastics Liquidating Co.
425 A.2d 1289 (Supreme Court of Connecticut, 1979)
Hartford Federal Savings & Loan Ass'n v. Green
412 A.2d 709 (Connecticut Superior Court, 1979)
Jennings v. Reale Construction Co.
392 A.2d 962 (Supreme Court of Connecticut, 1978)
Plesz v. United Technologies Corporation
384 A.2d 363 (Supreme Court of Connecticut, 1978)
Board of Police Commissioners v. White
370 A.2d 1070 (Supreme Court of Connecticut, 1976)
Norwich Land Co. v. Public Utilities Commission
363 A.2d 1386 (Supreme Court of Connecticut, 1975)
Thomas v. Roper
294 A.2d 321 (Supreme Court of Connecticut, 1972)
Stiles v. Town Council
268 A.2d 395 (Supreme Court of Connecticut, 1970)
Sheridan v. Planning Board
266 A.2d 396 (Supreme Court of Connecticut, 1969)
Suburban Development Corp. v. Town Council
259 A.2d 634 (Supreme Court of Connecticut, 1969)
Corona's Auto Parts, Inc. v. Zoning Board of Appeals
259 A.2d 618 (Supreme Court of Connecticut, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
236 A.2d 895, 155 Conn. 636, 1967 Conn. LEXIS 597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-planning-board-conn-1967.