Agenda - Planning Commission - 09/08/2011

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July 10, 2011 1 Volume 5 j No. 13 Zoning Bulletin or reasonably susceptible to multiple interpretations, then a search of the intent of the board at the time it approved the variance is necessary. If that search yields no conclusions, the undefined term "may not be interpreted to mean whatever the zoning commission chooses it to mean; that would render it impossible for a party to discern the true meaning of the term, and, thus, to know whether compliance with the regulations is possible." Rather, the term must be construed based on its "common and ordinary meaning." Here, the court found that the town's zoning regulations did not define "fine furniture." The court also found that the Amatulli vari- ance did not define "fine furniture." The intent of the board in draft- ing the Amatulli variance did not unambiguously indicate intent as to the meaning of "fine furniture." The court further determined that the Board's interpretation of "fine furniture" —as that which is "one of a kind, hand-crafted, not mass produced, and capable of appreciating in value" —lacked any basis in the record and therefore was arbitrary and illegal. The appellate court also determined that the superior court's in- terpretation of the term —as meaning "good quality furniture" —was wrong. Looking to the dictionary's definition of "fine," the court con- cluded that "fine furniture" meant "high quality furniture." The appellate court remanded the case to the superior court with directions for the superior court to remand the case to the Board for further proceedings consistent with the appellate court's deter- mination as to the meaning of "fine furniture." See also: Spero v. Zoning Bd. of Appeals of Town of Guilford, 217 Conn. 435, 586 A.2d 590 (1991). See also: Kraiza v. Planning and Zoning Com'n of Town of Hart- land, 121 Conn. App. 478, 997 A.2d 583 (2010), certification granted in part, 298 Conn. 904, 3 A.3d 70 (2010). See also: 200 Associates, LLC v. Planning and Zoning Com'n of Town of Thompson, 271 Conn. 906, 859 A.2d 567 (2004). Notice —In Adopting Zoning Amendments, Town Provides Only Public Notice Property owners argue amendments were specific, and therefore required individual notice Citation: Generation Realty, LLC v. Catanzaro, 2011 WL 2118773 (R.I. 2011) RHODE ISLAND (05/27/11)—This case addressed the issue of whether, under Rhode Island's Zoning Enabling Act of 1991 (S 45- 4 © 2011 Thomson Reuters