Agenda - Planning Commission - 08/07/2003

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July 1 O, 2003 -- Page '7 Citation: Dries v. Town Board of Town of Riverhead, Supreme Court of lVew York, App. Div., 2nd Dept., No. 2002-07112 (2003). see ?lso: Retail Property Trust v. Board of Zoning Appeals of Town of Hempstead, 774 N.E. Zd 727. see also: North Shore Steak House v. Board of Appeals of Jncorporated. Vfllage of Thomaston, 282 N.E. Zd 606. Appeal -- Denied applicant goes straight to court Town argues applicant must follow local procedures CONNECTICUT (05/20/03) -- Stepney LLC owned two single-family homes used as rental properties. S tepney annually completed a certificate of rental occupancy in compliance with the town's health code regulations. The town amended the certificate to require additional information, such as tenant license plate numbers and tenant sig-natures. After the change, Stepney rented the properties, but did not fzle a new certificate. Stepney sued, and the court ruled in favor of Stepney. The town appealed, arguing once Stepney's proposal was denied, Stepney's next step was to take the claim to the commissioner of public health. DECISION: Reversed. The judgment was improper because Stepney went to court before exhaust- lng adrmnistrative remedies. It' an administrative remedy existed, an applicant had to pursue it. Requir- ing thwarted applicants to go through administrative remedies fzrst fostered an orderly process of administrative adjudication and judicial review, and offered a reviewing court the benefit of the agency's findings and conclusions. It re- lived courts of the burden of prematurely deciding questions that were en- trusted to an agency. In fact, in the case of a satisfactory, administrative dispo- sition, the need for judicial review could be avoided entirely. Citation: Stepney LLC v. Town of Fairfield, Supreme Court of Connecticut, No. 16929 (2003). see also: McCarthy v. Madigan, 503 U.S. 140 (1992). see also: Polymer Resources Ltd. v. Keeney, 630 A. Zd 1304 (1993). Residential Zoning -- Woman claims city approved her multi-family home in a single-family zone Were ali tenants acting as a 'single housekeeping unit?' MONTANA (5/12/03) -- Stewart leased a 1.28-acre parcel of land from the Department of State Lands in lVfissoula, Mont. The land was zoned for single- family homes. Stewart drew up plans to build a home on the land, and the plans were approved by a Missoula County City Zoning Officer. The home was completed in 1995. Stewart resided in the main living area and began to rent out the basement -- which included a kitchenette, bathroom,