127 Conn. App. 669
Conn. App. Ct.2011Background
- Komondy owned 29 Liberty Street in Chester (R-1) and sought a temporary mobile home under §113B.5 during reconstruction after a fire.
- Regulation §113B.5 allowed a six‑month temporary mobile home with notice to the zoning officer.
- ZEO Brown denied extending the six‑month permit after an August 2006 request.
- Board hearing on December 18, 2006 involved regular members and three alternates; one alternate, Bednarz, seated due to only four regulars present.
- Myers, an unseated alternate, participated in both the public hearing and the board’s deliberations on the variance, prompting the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an unseated alternate may participate in the public hearing. | Komondy argues §8‑5(a) precludes unseated alternates from hearing. | Board contends §8‑5(a) does not expressly bar such participation; participation aids an informed decision. | Participation in the public hearing by an unseated alternate is not prohibited. |
| Whether an unseated alternate may participate in deliberations. | Komondy argues §8‑5(a) bars deliberation participation by unseated alternates. | Board relies on §8‑6(a) and interpretation that deliberation is part of board duties. | Unseated alternate participation in deliberations violated §8‑6(a) and was improper. |
| Whether the improper participation requires reversal given lack of hardship. | Improper participation taints the process, warranting reversal. | Even with improper participation, hardship for variance was absent; no reversal should follow. | Despite impropriety, no reversal due to lack of material prejudice from the hardship deficiency. |
Key Cases Cited
- Buttermilk Farms, LLC v. Planning & Zoning Commission, 292 Conn. 317 (2009) (statutory interpretation; agency powers constrained by statute)
- Lauer v. Zoning Commission, 220 Conn. 455 (1991) (jurisdiction and proper procedure for zoning boards)
- Konover v. West Hartford, 242 Conn. 727 (1997) (limits and duties of zoning boards; need precise prescribing of powers)
- Mitchell Land Co. v. Planning & Zoning Board of Appeals, 140 Conn. 527 (1953) (historical framing of board authority)
- Megin v. Zoning Board of Appeals, 106 Conn.App. 602 (2008) (deference to local land use agencies; standard of review)