Agenda - Planning Commission - 07/01/2004

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98 Page 4 -- June 10, 2004 Manosh appealed, arguing its preliminary work counted as beginning con- struction. DE CISION: Reversed. Manosh commenced construction within one year of permit issuance. Determining whether construction commenced within the time limit im- posed by a permit focused on whether, viewed as a whole, the work, time, and expenditures invested in a project demonstrated a good-faith intent to com- mence on the perm/tted use. Over a period of several months, Manosh invested nearly 400 hours of work in the tower project, at a cost in excess of $26,000. The extent and dura- tion of .work demonstrated an intent to make present use of the permit -- not merely an artificial attempt to preserve the permit for future use. All of the work and money invested for g'rading of the access road, clear- ing of the project site, laying utility lines, and pouring concrete, while not specified in the permit itself, was plainly designed to facilitate completion of the overall project. see also: In re G~dli, 816 A.2d 485 (2002). see also: In re Shantee Point Inc,, 811 A.2d 1243 (2002). Commercial Use -- Proposal to join two commercial properties with access road denied Zoning commission will not tolerate event small intrusion into residential zone Citation: Crabtree Realty Company v. Planning and Zoning Commission of the Town of Westport, Appellate Court of Connecric[tt, ~Vo. AC 23709 (2004) CONi"N'ECTICUT (4/20/04) -- Crabtree Realty Company wanted to construct an access road between two commercial properties it owned. The Planning and Zoning Commission of the Town of Westport determined the proposal crossed a residential zone and was not permitted since it repre- sented a commercial use. Consequently, it denied Crabtree's application. Crabtree sued, and the court ruled in the commission's favor. Crabtree appealed, arguing its planned intrusion into the residential zone was too small to be regulated and was not specifically prohibited by the ing code. DECISION: Affirmed. The commission's denial was appropriate. It was the commission's prerogative to exercise its discretion to decide that, under the circumstances, the applicable zoning regulations did not permit even a small intrusion into a residential zone. Recent decisions showed a trend toward investing zoning commissions 2004 Quinlan Pu~iisr~tng Group. Any reproduction is prohibited, For mom ;nformation please call (617) 542-0048.