Agenda - Planning Commission - 11/02/2017

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Zoning Bulletin July 25, 2017 I Volume 11 I Issue 14 plied within two days of that order for a building permit for a permanent home and subsequently built that permanent home and removed the mobile home. The court also found that Komondy failed to demonstrate that the town lacked a rational basis to issue the Cease & Desist Order. The Town simply enforced zoning regulations that limited temporary mobile home placement on property during permanent dwelling construction to six months. Accordingly, the court concluded that "[n]o reasonable jury could conclude that the differential treatment alleged was the product of irrationality or that any of [Komondy's] alleged comparators were sufficiently `similarly situated' for purposes of application and enforcement of the law under the Equal Protec- tion Clause." See also: Village of Willowbrook v. Olech, 528 U.S. 562, 120 S. Ct. 1073, 145 L. Ed. 2d 1060, 30 Envtl. L. Rep. 20360 (2000). See also: Gray v. Town of Easton., 115 F. Stipp. 3d 312 (D. Conn. 2015), judgment aff'd, 669 Fed. Appx. 4 (2d Cir 2016). Case Note: Komondy had also sued Town officials, individually. The court said that "[i)n order to bring a successfid § 1983 claim against an individual in his individual capacity, the plaintiff 'must show by a preponderance of the evidence that the defendant was person- ally involved —that is, he directly participated —in the alleged constitutional deprivations.' " The • court found that Komondy's claims failed to provide evidence that the Town officials were "personally involved" in the alleged equal protection violation. Further, the court found that the Town officials were entitled to qualified inmutnity. Zoning News from Aroundthe Nation MASSACHUSETTS Senate Bill 81, now pending in the state Legislature, would, among other things: "[r]equire towns to allow dense, multi -family, market rate develop- ment as of right;" "[c]reate a program of certifying communities that will encourage towns to establish policies to create more `workforce housing,' eco- nomic growth, green development, and the like;" "[p]rovide benefits to 'certi- fied communities,' including preferential consideration when providing State discretionary funds for infrastructure maintenance and development;" "[r]equire towns to create master plans, to update them on a regular basis, and to coordinate them with neighboring towns and regional planning agencies;" "[c]reate a new class of subsidized housing for middle -income residents;" "[r]equire towns to allow accessory apartments in single family homes;" [a]1- low the incorporation of transferable development rights into zoning by-laws;" [s]implify the zoning variance and special permit processes;" "[m]ake the pro- © 2017 Thomson Reuters 11