Agenda - Planning Commission - 09/16/2010 - Special Meeting

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July 10, 2010'Volume 41 No. 13 Zoning Bulletin compliance. Thereafter, the town's zoning board of appeals ("ZBA") denied his application for variances and upheld the ZEO's decision. Hasychak appealed the ZBAs decision. In that appeal, the owner of property adjoining Hasychak's, Herbert Watstein, joined as a party defendant. The ZBA, Hasychak and Watstein eventually entered into a stipula- tion, which set forth the manner in which Hasychak would be permit- ted to finish his proposed renovations. In relevant part, the stipulation provided that "[a] [c]ertificate of [z]oning [c]ompliance shall be issued for all work within the scope contemplated by this agreement and all necessary variances shall be deemed to be granted." Hasychak allegedly redesigned his plans and again applied for a cer- tificate of zoning compliance, which the ZEO issued. Subsequently, Watstein filed an administrative appeal with the ZBA. Watstein objected to the ZEO's issuance of the certificate. Watstein contended that Hasychak's renovation plans did not comply with the terms of the stipulated judgment. The ZBA agreed with Watstein. Hasychak appealed to court. On appeal, he argued that the ZBA lacked jurisdiction to hear Watstein's appeal. He said the ZBA did not have jurisdiction to determine whether his renovation plans complied with the terms of the stipulated judgment. The court agreed with Hasychak. It held that the ZBA "lacked ju- risdiction over the matter because the dispute between the parties con- cerned whether Hasychak's renovation plans complied with the terms of the stipulated judgment rather than whether it complied with the town's zoning regulations." Watstein appealed. The Supreme Court of Connecticut transferred the appeal to itself. The Court's Decision: Judgment of Superior Court reversed; matter remanded. The Supreme Court of Connecticut held that the ZBA had jurisdic- tion over Watstein's administrative appeal. In so concluding, the court looked to the language of the statute that gave the ZBA authority. Connecticut General Statute § 8-6(a) provided in relevant part: "The zoning board of appeals shall have the following powers and duties: (1) To hear and decide appeals where it is alleged that here is any error in any order, requirement or deci- sion made by the official charged with the enforcement of this chap- ter or any bylaw, ordinance or regulation adopted under the provisions of this chapter ...." (Emphasis added by the court.) The town's bylaw (§ 71.2) similarly gave the ZBA authority to hear appeals on "any or- der, requirement or decision made by the [ZEO]." (Emphasis added by the court.) 10 © 2010 Thomson Reuters 96