Agenda - Planning Commission - 04/02/2009

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March 10, 2009 I Volume 3 I No.5 Zoning Bulletin See also: Goetschius v. Board of Educ. of Greenburgh Eleven Union Free School Dist., 244 A.D.2d 552, 664 N.Y.S.2d 811, 122 Ed. Law Rep. 764 (2d Dep't 1997). See also: Roberts v. Town Ed., 207 A.D.2d 404, 615 N. Y.S.2d 725 (2d Dept. 1994). Case Note: In reaching its conclusion the court distinguished an- other case in which the municipality had been found to have vio- lated the Open Meetings Law. In that case, the court had found . that: "misleading information was given to the press; the meeting room w:;!.s too smail to accommodate the number of people known . to have an interest in the issue and likely to attend the meeting; . preferential access to the meeting was given to [staff and press]; and all members of the public who were admitted to the meeting room were required to leave before the Trustees voted." Preliminary Approvals-Planning commission approves developer's general plan of development, subject to conditions including regulatory waivers Despite non-binding status of that approval, commission refuses to later address concerns regarding the waivers Citation: Gerlt v. Planning and Zoning Com'n of Town of South Wind- sor, 290 Conn. 300, 963 A.2d 24 (2009) CONNECTICUT (02/10/2009)-Evergreen Walk, LLC sought to develop a 232 acre property in the town. It proposed to construct and operate a complex of retail, office, lodging and recreational fa- cilities on the property. In furtherance of that proposal, in June 2001, Evergreen Walk submitted to the town's planning and zoning commission (the "PZC") a general plan of development for the de- velopment of the property. Under the town's zoning regulations, a general plan of development could be submitted to the PZC for approval of a proposed conceptual development of a site. According to the PZC, a general plan of devel- opment was intended to be preliminary and nonbinding. It was meant to provide for PZC input and approval "at an early stage in the plan- ning of a project," and therefore did not require more than a minimal amount of detail. A full site plan of development-providing engineer- ing details, final building design, and final layout-that was in confor- 4 @ 2009 Thomson Reuters 106 .-"- )