Agenda - Planning Commission - 09/04/2008

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i i i I 1 " j j l I i i I I 1 I 1 1 J I i I 1 j I \ I 1. I 1 I I ! j I ) i I ! i I j i August 25, 20081 Volume 21 No. 16 ) Abandonment-Landowner appeals a cease and desist order, claiming activities were lawful preexisting, nonconforming uses ToWn counters that uses were abandoned when landowner applied for a certificate of zoning compliance Citation: Smith Bros. Woodland Management, LLC v~ Zoning Bd. of Ap- peals of Town of Brookfield, 108 Conn. App. 621,949 A.2d 1239 (2008) CONNECTICUT (06/24/08)-Smith Brothers Woodland Manage- ment, LLC purchased property in the toWn. Prior to Smith's purchase, " the property had been used for storage of logs, storage and :rn,aintenance of construction materials, and for storage of unregistered motor vehicles. When purchasing the property, Smith had an interest in. ensurmg that its intended uses for the property were existing, nonconforming uses. It or- der to have documentatioJ:l to prove the legal nonconformity, it pursued an application for a certificate of zoning compliance with the town's zon- ing commission. That gpplication sought a certificate of zoning compli- ance for use of the property as a general contractor site with nonretail ) . logging,as an accessory use. After the application was denied, Smith request~d it be reconsidered. In supp~rt of the application, Smith provided in a letter that, among oth- er things, the proposed use would have: less equj.pment; no storage of others' vehicles; and would not involve grinding of materials, ~he pres- ence of stumps, or the storage of logs in excessive of twelve feet. Eventually, the application was granted by the commission with the stip- ulations that: (1) provisions Smith had made in a letter be part of the certifi- cate; and (2) logs could not be gathered, stored on site, and removed to an- other location. Smith did not appeaLfrom the imposition of the stipulations or take further action regarding the certificate of zoning compliance. After an irispection of Smith's property found evidence of grinding material, storage of logs iI? excess of twelve feet in length, additiop.allog storage, and the presence of numerous unregistered vehicles, the commis- sion issued a cease and desist order. Smith appealed to the town's zoning board of appeals (ZBA).' Smith argued" that: (1) there had been n9 change in use of the property; (2) that Smith's activities were preexisting, nonconforming uses; and (3) that ap- plication for the certificate of zoning compliance was not intent to aban- don those lawful, nonconforming uses. . The commission countered that the certificate of zoning compliance defined the scope of the.noncon- forming use, and that Smith had abandoned all of the pre-existing activi- i' @ 2008 Thom~on ReutersIWest 9 103