Rapoport v. ZONING BD. OF APPEALS STAMFORD
19 A.3d 622
| Conn. | 2011Background
- This is an appeal from the Stamford zoning board of appeals affirming the zoning enforcement officer's determination that a dock at Stamford Harbor was a neighborhood dock, not subject to zoning regulations, and that improvements to the dock were waterward of the mean high water line and governed by the state.
- Cook Road Extension, a private right-of-way serving Southfield Point Association, has historically provided access to the water for association members, with rules restricting parking and tying access to dock use for nearly a century.
- The plaintiff, Jerome Rapoport, whose property abuts Cook Road Extension and the dock, contends that the dock improvements and the use of Cook Road Extension fall within permissive zoning and require board regulation.
- State permits in 2002 and 2003 authorized certain dock improvements waterward of the mean high water line, with the state maintaining primary regulatory authority over Waterward activities absent a harbor management plan.
- The trial court upheld the board's conclusions that Cook Road Extension remains an access way, and that dock improvements lie waterward of the mean high water line, thereby not subject to Stamford zoning regulations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cook Road Extension is subject to zoning regulations | Rapoport argues that land use for access must be regulated if not expressly permitted. | Defendants contend Cook Road Extension, as a long-standing access road, lies waterward of mean high water and is not subject to city zoning. | Cook Road Extension not subject to zoning regulations. |
| Whether dock improvements are subject to zoning regulations | Rapoport asserts improvements connected to the dock expand a land use that should be regulated. | Defendants rely on state jurisdiction for waterward activities and harbor management plan absence, limiting local regulation. | Dock improvements are waterward of mean high water; state regulation applies; no local zoning authority. |
| Whether the dock constitutes a marina or yacht club under zoning | Rapoport claims dock could be treated as marina or yacht club requiring local zoning controls. | Dock lacks a land-based component and use is private to association members, not fitting marina or yacht club definitions. | Dock is not a marina or yacht club; zoning does not regulate it. |
Key Cases Cited
- Upjohn Co. v. Zoning Board of Appeals, 224 Conn. 96 (1992) (state authority and statutory interpretation framework for zoning regulations)
- DiPietro v. Zoning Board of Appeals, 93 Conn.App. 314 (2006) (continued)
- Gibbons v. Historic District Commission, 285 Conn. 755 (2008) (when board provides no reasons, review requires searching the record)
- Quarry Knoll II Corp. v. Planning & Zoning Commission, 256 Conn. 674 (2001) (scope of review for factual vs. legal determinations)
- Wood v. Zoning Board of Appeals, 258 Conn. 691 (2001) (board interpretation of regulations given liberal discretion)