§ 8-21 — Disqualification of members in matters before planning or zoning commissions or zoning board of appeals. Replacement by alternates.

Connecticut § 8-21

• Jurisdiction: Connecticut
• Title 8: Zoning, Planning, Housing and Economic and Community Development
• Ch. 126: Municipal Planning Commissions

Text

No member of any planning commission and no member of any municipal agency exercising the powers of any planning commission, whether existing under the general statutes or under any special act, shall appear for or represent any person, firm or corporation or other entity in any matter pending before the planning or zoning commission or zoning board of appeals or agency exercising the powers of any such commission or board in the same municipality, whether or not he is a member of the commission hearing such matter. No member of any planning commission shall participate in the hearing or decision of the commission of which he is a member upon any matter in which he is directly or indirectly interested in a personal or financial sense. In the event of such disqualification, such fact shall be entered on the records of the commission and, unless otherwise provided by special act, replacement shall be made from alternate members pursuant to the provisions of section 8-19a, of an alternate to act as a member of such commission in the hearing and determination of the particular matter or matters in which the disqualification arose. See Sec. 8-11 re disqualification of members of zoning authorities.

Legislative History

(1951, S. 392d; 1971, P.A. 763, S. 9; P.A. 84-546, S. 15, 173.) History: 1971 act replaced provision allowing selection of elector to act for disqualified member with provision that selection be made from alternates; P.A. 84-546 made technical change substituting reference to Sec. 8-19a for reference to 8-1b. Cited. 150 C. 147. Test is not whether personal interest does conflict, but whether it might conflict; relationship of official need not be close. 151 C. 489. Where member of common council of Norwalk appeared before planning commission and actively worked in town to defeat plaintiff's planned residential development, and common council denied plaintiff's application on grounds that it failed to satisfy the Norwalk zoning regulations, plaintiff's appeal was sustained on ground member's conduct conflicted with his duty. 156 C. 369. Majority leader of city council was in violation of statute when his law firm represented the opponent of an applicant for a zoning change. 157 C. 279. Cited. Id., 290. Permissible for municipal official, who by virtue of his office is ex-officio member of board, to appear before zoning commission on matter as long as he represents municipality and not applicant. 160 C. 295. Cited. 162 C. 237, 238. “Interest” defined for purposes of section; test is not whether personal interest does conflict, but whether it reasonably might conflict; whether a particular interest of a zoning commission member is sufficient to disqualify him is a factual question depending upon the circumstances of each case. 166 C. 207. Member of local planning commission, whose law partner was town attorney, need not resign from commission because of a hearing on a matter involving city where member had already disqualified himself for another reason. 168 C. 285. Cited. 178 C. 198; 196 C. 192; 199 C. 231. Does not apply to appearance by chief executive officer as representative of community at public hearing before commission of which he is an ex-officio member when it is exercising a legislative function. 220 C. 584. Cited. 2 CA 551. Cited. 29 CS 40.