Branse, Willis & Knapp, LLC
148 Eastern Boulevard
Suite 301
Glastonbury, Connecticut 06033
Phone: (860) 659-3735
Fax: (860) 659-9368
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Prior to the opening of a hearing: Many towns have informal, pre-application conferences. Very valuable procedure, but, until recently, no case law or Statute allowing it. Now, Bergren v. Planning & Zoning Commission of the Town of Berlin, 30 Conn. L. Rptr. No. 6, 212 (9-24-01), says it is OK. Conn. Gen. Stats. § 7-159b (PA 03-184 §1) also authorizes. Should have regulations on this, however. (PDF)
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When is a Zoning Enforcement Officer's statement a "decision" that can be, and must be appealed to the Zoning Board of Appeals? Piquet v. Town of Chester, 124 Conn.App. 518 (2010), compared to Holt v. Zoning Board of Appeals of the Town of Stonington, 114 Conn.App. 13 (2009). (PDF)
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Many towns have separate conservation commissions, i.e., not combined with an Inland
Wetlands and Watercourses agency having regulatory powers for wetlands permits. A
combined commission wears two “hats” (see Habitat Vol. XII, No. 4, January, 1999), and has
the advantage that applicants must, in most cases, at least appear before the commission
and get a permit. The separate conservation commission has no such leverage and is purely
advisory to other land use agencies. How do you make that advice count? (PDF)
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Prior to the opening of a hearing: Many towns have informal, pre-application conferences. Very valuable procedure, but, until recently, no case law or Statute allowing it. Now, Bergren v. Planning & Zoning Commission of the Town of Berlin, 30 Conn. L. Rptr. No. 6, 212 (9-24-01), says it is OK and so does Conn. Gen Stats.§ 7-159b (PA 03-184 §1). Should have regulations on this, however ... (PDF)
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Pursuant to Connecticut General Statues 8-2, a zoning commission may regulate, "the height, size and location of advertising signs and billboards." Like other types of speech, restrictions on signs that are related to "time, place and manner" are permissible under the United States Constitution so long as those restrictions are content neutral. (PDF)
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The authorizing General Statutes create confusion for land use agencies because the language is different for different kinds of decisions. Thus, it is desirable to examine each type of decision individually. (PDF)
View/Download Conditions and Modifications Outline
View/Download Conditions and Modifications Outline Exhibit A
View/Download Conditions and Modifications Outline Exhibit B
View/Download Conditions and Modifications Outline Exhibit C
View/Download Conditions and Modifications Outline Exhibit D
View/Download Conditions and Modifications Outline Exhibit E
View/Download Conditions and Modifications Outline Exhibit F
View/Download Conditions and Modifications Outline Exhibit G
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Town of Scotland, Resolution of the Board of Selectman of the Town of Scotland regarding Required Building Permits for any Outdoor Wood Burning Furnace. (PDF)
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| Irrevocable Letter of Credit. (PDF)
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| Passbook Forms. (PDF)
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It is hereby ORDAINED by the Board of Selectmen of the Town of Cromwell that Chapter 236 of the Cromwell Code be amended so as to add the following Article I:
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Local Government is a creature of the State and has no powers other than those conferred by Statute or reasonably necessary to carry out those powers.
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The terms ‘aggrievement’ and ‘standing’ have been used interchangeably throughout most of Connecticut jurisprudence. . . . Although these two legal concepts are similar, they are not, however, identical.” Gladysz v. Planning & Zoning Commission, infra. If you are aggrieved, then you have standing to bring the appeal. Aggrievement is established if there is a possibility, as distinguished from a certainty, that some legally protected interest . . . has been adversely affected.” (Internal quotation marks omitted). Huck v. Inland Wetlands and Watercourses Agency, 203 Conn. 525, 530 (1987) quoting O’Leary v. McGuinness, 140 Conn. 80, 83 (1953). You could have standing without being aggrieved only if you are a “party”. You may lack “standing” because the cause of action is not one which you are authorized to bring. “Standing” is the right to raise the legal and factual issues before the court so that they may be adjudicated and implicates the court’s subject matter jurisdiction. Mystic Marinelife Aquarium, Inc. v. Gill, 175 Conn. 483, 509 (1978). Standing is essential to subject matter jurisdiction. D. S. Associates v. Planning and Zoning Commission, 27 Conn. App. 508, 511 (1992). (PDF)
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Prior to the opening of a hearing: Many towns have informal, pre-application conferences. Very valuable procedure, but, until recently, no case law or Statute allowing it. Now, Bergren v. Planning & Zoning Commission of the Town of Berlin , 30 Conn. L. Rptr. No. 6, 212 (9-24-01), says it is OK; and so does Conn. Gen. Stats. § 7-159b (PA 03-184 §1). Should have regulations on this, however. (PDF)
View/Download Public Hearing Procedures Outline
 View/Download Public Hearing Procedures Outline - Attachments |
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