Agenda - Planning Commission - 03/05/2009

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February 10, 20091 Volume 3\ No.3 Zoning Bulletin tion when its proposed plan was completely in compliance with the C-l Zone; the OP Zone was originally designed for an entirely different part of the town and for different planning purposes than the C-l Zone; the neighboring property owners were ~he impetus for the rezone; and the township acted without hearing from expert planners or consultants. See also: Pheasant Bridge Corp. v. Township of Warren, 169 N.J. 282, 777 A.2d 334 (2001). See also: Penn Cent. Transp. Co. v. City'ofNew York, 438 U.S. 104,98 S. Ct. 2646, 57 L.Ed. 2d 631, 11 Env't. Rep. Cas. (BNA) 1801, 8 Envtl. L. Rep. 20528 (1978). Case Note: The court emphasized that it did not mean to imply that it could never be appropriate to change the zoning designation of. the last undeveloped parcel in an area of town. It could be changed either: as part of a reexamination of the Master Plan; or through the enactment of a zoning ordinance that was inconsistent with the Master Plan but was explained and did not arbitrarily impose a bur- den on the property owner. Construction of Regulations-Neighbors challenge town's issuance of zoning permit for operation of a veterinary clinic They argue veterinary clinic was not a "health-oriented" facility permitted by the zoning regulations Citation: Heim v. Zoning Bd. of Appeals of Town of New Canaan, 289 Conn. 709, 960 A.2d 1018 (2008) CONNECTICUT (12/23/08)-Gen Three, LLC ("GTL") owned property (the "Property") in the town. The Property was located within a business zone ("business zone A") that bordered a residential neighbor- hood. On behalf of veterinarians Andrew Rappaport and Daniel Hoch- man (the "Veterinarians"), GTL applied to the town for azoning per- mit to operate a veterinary clinic on the Property. Ultimately, the town's planning and zoning commission ("PZC") approved GTL's application. In doing so, the PZC determined that the establishment of a veterinary clinic was "an acceptable use in the [b]usiness [z]one A" if two condi- tions relating to noise minimization were met. . Quentin Heirri and Sandy Deasi (collectively, the "Neighbors") owned property adjacent to GTL's Property. They appealed the PZC's decision to allow GTL to operate a veterinary clinic on its Property. The Neighbors 8 @ 2009 Thomson Reuters 98 . i l I I I I I. I i I I I I I I i .j I I i I i I I I I ') I I i ., I I I r I I I I ,\ ;1 I Ii i;