Agenda - Planning Commission - 06/01/1999

Home

Page 8 -- May 25, 1999 Z.B. , 138 Boris appealed to court, seeking to overturn the zoning officer's decision. Garbo asked the court to dismiss the appeal. According to Garbo, the court had no authority to consider the appeal because Boris failed to exhaust ail adminis- trative remedies he never appealed to the zoning board of appeals. Garbo also claimed the zoning officer's decision wasn't a final decision that could be appealed because the full Zoning commission still had to review it. (The city zoning commission later approved Garbo's request and ..issued it a special use permit.) Boris claimed he didn't have to appeal to the zoning board. According to Boris, the board had no authority over the zoning officer because the officer's decision wasn't made in an enforcement action and because the zoning regula- tions didn't specifically allow the zoning board to consider appeals of zoning officers' decisions. DECISION: Appeal dismissed. Boris couldn't appeal to court because the zoning officer's decision wasn't a "final" decision on Garbo Lobster's permit request. The zoning officer's decision was a preliminary interpretation of the city's zoning regulations and was subject to review by the zoning commission. This was shown by the fact the zoning commission ultimately granted Garbo a spe- cial use permit based upon its own evaluation. Citation: ~Boris v. Garbo Lobster, Superior Court of Connecticut, Judicial Dist. of New London, at New London, No. 547637 (2999). see also: Neri v. Powers, 490 A.2d 528 (2985). see also: O&G Industries Inc. v. Planning & Zoning Commission, 655 A.2d 1121 (1995). Zoning Bulletin To order Zoning Bulletin, call (800) 229-2084, or complete and return this form to Quinlan Publishing Group, 23 Drydock Ave., Boston, MA 02210-2387, or fax (800) 539-8839. $99 (plus $5.81 s&h) -- 1 ID New subscription El El Renewal subscription El year (24 issues) Payment enclosed Bill me ZBN9 Name Organization Address - City State Phone Fax Email Zip