Agenda - Planning Commission - 11/06/2008

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...........;,....."..:2..:.~..::-':._...! Zoning Bulietin (~) The court noted that the town by-law required the Board to con- sider certain criteria for site plan approval (the Site Plan Provision). Among other things, the Site Plan Provision required the Board to consider: the purpose of the by-law; the extent t.o which the proposed structure's features were in harmony with the neighborhood, includ- ing light, air, cin;:ulation and separation between buildings; ahd the extent to which adverse effects on abutting lots were minimized, in- cluding as to obstruction of views. The court concluded that the Set- back Condition did not violate Mass. Gen. L. c. 40A, S 4 because the Site Plan Provision empowered the Board to "impose reasonable conditions. on site plan approval" in order to achieve" the purposes of the bylaw. The court found this was so even when~ those condi- tions imposed dimensional requirements stricter than the minimum . required by the applicable zoning by-law. The court next noted that since the land court judge had found the Setback Condition was unreasonable because it violated the statutory uniformity requirement, she had not assessed the reasonableness of the Setback Condition under the by-law's required criteria. The court remanded the matter for determination a's to the reasonableness of the Setback Condition under the by-law's site'plan review criteria. . See also: Castle Hill Apattments' Ltd. Pattnetship v. Planning Ed. of . Holyoke, 65 Mass. App. Ct. 840, 844 N.E.2d 1098 (2006), teview denied, 447 Mass. 1101, 848 N.E.2d 1211 (2006). Validity of Zoning Regulation's-Town's zoning regulation requires a special use permit to subdivide property into more than thirty lots /\ \. ). Landowner argues regulation is invalid because it does not regulate a distinCt use of land . Citation: Lotd Family Windsor, LLC v. Planningand Zoning Com'n of Town of Windsor, 288 Conn. 730,954 A.2d 831 (2008) CONNECTICUT (09116/08)-Lord Family of Windsor, LLC (Lord) owned property in the town. Lord sought to subdivide. the propertY into sixty lots. In furtherance of that plan, it filed the follow- ing with the town's planning and zoning commission (theCommis- sian): three subdivision applications for three separate portions of the (J property; an application for a special use permit for a single-family residential development of more than thirty lots pursuant to ~ 4.5.2 6 @ 2008 Thomson ReutersIWest 86 I. I I I I