DocketNumber: No. CV 93-0526798 S
Citation Numbers: 1995 Conn. Super. Ct. 7353
Judges: HOLZBERG, J.
Filed Date: 6/12/1995
Status: Non-Precedential
Modified Date: 4/18/2021
I. AGGRIEVEMENT
The plaintiff is an abutting landowner of the property in question. As such he is aggrieved by the decision of the Commission. General Statutes §
II. STANDARD OF REVIEW
When acting upon a special permit or subdivision application a zoning commission acts in its administrative capacity.Sheridan v. Planning Board,
III. PLAINTIFF'S CLAIMS
The plaintiff challenges both the subdivision and special permit approvals obtained by the plaintiff. His first claim is CT Page 7355 that the Plan and Zone Commission failed to properly consider the health and safety aspects of the proposed subdivision. In particular he alleges that the Commission violated § 3.3 of the Glastonbury Subdivision and Resubdivision Regulations:
No land shall be subdivided unless it shall be of such character that it can be used for building purposes without danger to health and public safety regulations of the Town and State of Connecticut.
A review of the record demonstrates that the Commission gave proper consideration to health and safety concerns. It received reports from the Conservation Commission, the Town Sanitarian and the Water Pollution Control Authority. No objection to the proposal was raised in any of these reports. In addition the Commission report received positive reports from the police and fire departments. There is nothing in the record to suggest that the Commission did not properly consider health and safety concerns. Nor is there any basis for concluding that the Commission's decision was not based on substantial evidence.
The plaintiff next contends that the Commission improperly concluded that Purtill Street is a "public highway." In reaching that decision the Commission received the opinion of the Town Planner that Purtill Street is a public highway. In addition, after questions were raised as to the status of Purtill Street the Commission obtained an opinion from the Town Attorney. Relying on information made available to him and his independent review of certain records the Town Attorney concluded that Purtill Street was a public highway under the relevant case law. Plaintiff's argument that the Town Attorney relied on incorrect or incomplete information is not supported by the record. Based on the information presented to it the Commission properly concluded that Purtill Street is a public highway.
The plaintiff's third argument is that the Zoning Board of Appeals improperly approved a variance of the special permit requirements limiting rear lot development to two lots per driveway. While the basis of plaintiff's argument is not entirely clear, it appears to be that special permit requirements cannot be modified. While it is true that special permit requirements cannot be modified or altered by the agency reviewing the special permit application, Gregorio v. ZoningBoard of Appeals,
Finally, the plaintiff cites violations of various subdivision regulations. The import of his argument appears to be that the Commission failed to establish the so-called "street line" for Purtill Road. In fact the Commission did establish such a street line by reaffirming the existing street line. The plaintiff has not presented any authority suggesting that the Commission's reaffirmation of the existing line is an abuse of its discretion, arbitrary or illegal.
Accordingly, the plaintiff's appeal is dismissed.
SO ORDERED.
Robert L. HoIzberg, J.