Agenda - Planning Commission - 12/05/2002

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30 Page 2 -- November 10, 2002 Special Use -- Company seeks to remove 90,000 cubic yards of sand and gravel Neighbors oppose plan'due to concerns about air quality, noise, and property values . CONNECTICUT (09/24/02) -- A. Aiudi & Sons applied to Plainvitle's zon- ing commission for approval' to remove over 90,000 cubic yards of sand and gravel fi:om its property. The property was located in a residential zoning dis- trict between homes and a concrete plant also owned by Aiudi. Several public hearings were held. At the f'~rst hearing, area residents op- posed the project. At the second hearing, an attorney intervened for the resi- dents and presented their opposition. The residents called four witnesses who testified to the negative effect the proposed plan Would have on air quality, noise, neighboring property values, and diminished use for future residential purposes. After deliberation at their January 1997 meeting, three commission mem- bers voted in favor of the application, and one opposed it, but the application was not approved because it did not have the support of a majority of the six commission members present. Aiudi appealed, and the lower court found the application had been properly denied after considering general health and safety factors. The court also noted the town'S zoning regulations expressly gave the commission discretion tO deny a site plan application. On appeal, Aiudi argued the court erred by finding the board CoUld deny a site plan application based upon general criteria in zoning regulations. Aiudi also disputed the finding there was sufficient evidence to support the board's decision. DECISION: Affirmed. The application was properly denied. 'AiUdi's site plan application was, in substance, an aPpticationfor a special use permit. Aiudi's property was located in a residential district. The removal of sand, gravel and clay was expressly not permitted. A~udi sought a.~vo.year permit for a use expressly not allowed by the zoning re~matations, and the ap- peals court recharacter/zed the application as one for a special use permit. Viewing the application as such, the commission had acted within its dis- cretion when it denied the permit. As a matter of law, general criteria such as Public health and safety and general harmony with the' surrounding area, as described in the zoning regulations, could be used as a basis for denying an application for a special use. Citation: A. Aiudi & Sons LLC v. Planning and Zoning Commission of the Town of Plainville, Appellate Court of Connecticut, No. AC 21291 (2002). see also: Friedman v. Planni~g & Zoning Commission, 608 A.2d 1178 (~992). see also: Erzel v.. Zoning Board of Appeals, 235 A.2d 647 ('~967). I I I I I I I I I I I I I I I I I I