Agenda - Planning Commission - 09/03/2009

Home

August 10, 2009 I Volume 31 No. 15 Zoning Bulletin store to the school and day care center would be a detrimental impact. The court noted that the bylaws required the Board to consider, in evalu- ating a special permit application, "the particular characteristics of the site, and of the proposal in relation to that site," as well as the neighbor- hood characteristics and social structures.. The Board was therefore per- mitted to consider the proximity of the schools and the day care facility in evaluating the character of the neighborhood, concluded the court. As to the second inquiry, the court found that a "rational view of the facts" supported the Board's denial of the special permit. "[1]t was ratio- nal for the [B]oard to conclude that the detriment arising from the prox- imity to schools outweighed the potential benefits, which included em- ployment opportunities to the community and convenience to custom- ers of [CAST]'s pharmacy" given that: (i) the proposed beer and wine store would be located in the same strip inall as a special needs school for teenagers and a day care fadlity, and across the street from a primary school and an elementary school; (2) the pharmacy adjacent to the pro- posed store sold items of interest to children; and (3) the Board "reason- ably foresaw increased traffic as detrimental to that population. " See also: Britton v. Zoning Bd. of Appeals of Gloucester, 59 Mass. App. Ct. 68, 794 N.E.2d 1198, 2003WL 21999590 (2003). Conditions-Town grants special permit with conditions, including a restoration condition Applicant challenges restoration condition, arguing no substantial evidence supports imposition of condition Citation: Martland v. Zoning Com'n of Town of Woodbury, 114 Conn. App. 655, 971 A.2d 53,2009 WL 1492643 (2009) CONNECTICUT {06/02/09)-Theodore H. Martland and Martland Management, Inc. (collectively, "Martland") sought to excavate earth materials from a portion of a pond on property Martland owned in the town. Because the town's zoning regulations required a special permit for excavation of earth materials, Martland applied to the town's zoning commission (the "Commission") for a special permit. In its application, Martland stated that the purpose for excavating the pond was to "diversify its habitat." Martlandalso proposed creating an unpaved road to haul excavated materials to a neighboring property. That road was to be made from sand and gravel from an existing berm (the "berm") that ran along the western side of the pond. Following several hearings, the Commission approved Martland's ap- plication and granted the special permit. The Commission imposed cer- tain conditions on the special permit. One of those conditions required 4 @ 2009 Thomson Reuters 58 (') ) I , I I I I i I i I I 1 j I ! ! j I I I I j i