259 Conn. 402 | Conn. | 2002
Opinion
The plaintiffs,
The following facts and procedural history are undisputed. On October 29, 1997, the town’s planning commission adopted a “Plan of Conservation and Development” (plan). The purpose of the plan was to achieve “a careful blend of [the town’s] small town heritage and natural resources with an improved quality of new development that incorporates and protects these resources” as the town “grows and drifts away from its traditional agricultural base . . . .” The plan suggested achieving this balance between conservation and development, in part, by regulating for appropriate residential lot sizes and slopes in order to ensure open space in subdivisions, to protect water supplies, to preserve ridgelines and vistas, and overall, “to control development in a responsible maimer and encourage a respect for the environment.”
In late 1999, the zoning commission proposed, and later adopted, an amendment to the definition of “lot and area” in § 015-010 of the New Milford zoning regula
On December 21,1999, the zoning commission held a duly noticed public hearing on the amendment. George Doring, the zoning commission chairman, commenced the discussion of the amendment to § 015-010 of the regulations by reading aloud letters from the planning commission opposing the adoption of the amendment.
The zoning commission held a special meeting on February 3, 2000, at which time it voted on whether to adopt the amendment to its zoning regulations. Prior to the vote, Doring stated his support for the amendment as explained by Temple. Temple then reiterated his remarks from the public hearing comparing the amendment to the planning commission’s plan. Following a brief discussion, the zoning commission voted in favor of adopting the amendment by a margin of four to one. On February 11, 2000, the zoning commission published notice of its decision. The notice merely provided that the zoning commission had voted to amend § 015-010 of the New Milford zoning regulations and did not include reasons for the decision.
On February 23, 2000, the plaintiffs appealed from the zoning commission’s decision to the Superior Court, pursuant to General Statutes § 8-9.
Thereafter, the trial court granted a motion made by the plaintiffs for articulation on the issue of aggrievement. In the articulation, the trial court stated that, in addition to being statutorily aggrieved, the plaintiffs were classically aggrieved by the zoning commission’s decision. This appeal followed.
I
We necessarily begin our review of this appeal with a consideration of the zoning commission’s claim that the trial court improperly concluded that the plaintiffs were classically and statutorily aggrieved. It is well settled that “[p]leading and proof of aggrievement are prerequisites to a trial court’s jurisdiction over the subject matter of an administrative appeal. Bakelaar v. West Haven, 193 Conn. 59, 65, 475 A.2d 283 (1984). It is [therefore] fundamental that, in order to have standing to bring an administrative appeal, a person must be aggrieved. Connecticut Business & Industry Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726, 729, 573 A.2d 736 (1990) .... Beckish v. Manafort, 175 Conn. 415, 419, 399 A.2d 1274 (1978). Standing [however] is not a technical rule intended to keep aggrieved parties out of court; nor is it a test of substantive rights. Rather it is a practical concept designed to ensure that courts and parties are not vexed by suits brought to vindicate nonjusticiable interests and that judicial decisions which may affect the rights
Aggrievement presents a question of fact for the trial court and the party alleging aggrievement bears the burden of proving it. See, e.g., Med-Trans of Connecticut, Inc. v. Dept. of Public Health & Addiction Services, 242 Conn. 152, 159, 699 A.2d 142 (1997); Bakelaar v. West Haven, supra, 193 Conn. 65. We do not disturb the trial court’s conclusions on appeal unless those conclusions are unsupported by the subordinate facts or otherwise violate law, logic or reason. Kelly v. Freedom of Information Commission, 221 Conn. 300, 308, 603 A.2d 1131 (1992); Winchester Woods Associates v. Planning & Zoning Commission, 219 Conn. 303, 309, 592 A.2d 953 (1991).
We first address the zoning commission’s claim with respect to classical aggrievement. “The fundamental test for determining [classical] aggrievement encompasses a well-settled twofold determination: first, the party claiming aggrievement must successfully demonstrate a specific personal and legal interest in the subject matter of the decision, as distinguished from a general interest, such as is the concern of all the members of the community as a whole. Second, the party claiming aggrievement must successfully establish that the specific personal and legal interest has been specially and injuriously affected by the decision. . . . Cannavo Enterprises, Inc. v. Burns, 194 Conn. 43, 47, 478 A.2d 601 (1984); Bakelaar v. West Haven, [supra, 193 Conn. 65]. . . . Aggrievement is established if there is a possibility, as distinguished from a certainty, that some legally protected interest . . . has been adversely affected. . . . Light Rigging Co. v. Dept. of Public Utility Control, [219 Conn. 168,173, 592 A.2d 386 (1991)].” (Citation omitted; internal quotation marks
In the present case, the trial court made the following findings of fact, which are relevant to the issue of classical aggrievement. The total amount of land in the town containing inland wetlands and watercourses, including land already developed, is 5378 acres. Such land comprises only 13 percent of the town’s total acreage. The total amount of land containing slopes with a 25 percent grade or higher, including land already developed, is 8987 acres, which comprises only 21.5 percent of the town’s total acreage. Each plaintiff owns undeveloped land containing both wetlands and slopes of 25 percent or greater in the town’s R-40, R-60 or R-80 residential zones.
On appeal, neither party contests the trial court’s factual findings. Rather, the parties disagree as to whether the trial court properly concluded that the plaintiffs had established a “specific, personal and legal interest” in the zoning commission’s decision to adopt the amendment in order to establish aggrievement. Lewis v. Planning & Zoning Commission, 62 Conn. App. 284, 288, 771 A.2d 167 (2001). The zoning commission argues that the amendment, by its terms, applies to the town as a whole, and, therefore, the trial court could not have concluded reasonably that the plaintiffs possessed the required interest in the zoning commission’s decision that the community as a whole did not share. Thus, the zoning commission claims, the plaintiffs failed to meet their burden in establishing the first prong of the test for classical aggrievement.
In response, the plaintiffs concede that the amendment’s terms are inclusive of each parcel of land in the town, regardless of its size, its location or whether it can be subdivided. The plaintiffs contend, however, that they introduced sufficient evidence from which the trial court reasonably could have determined that the amendment, in practice, actually affects only a limited number of acres in the town, and that the plaintiffs are all owners of adversely affected land. Therefore, the plaintiffs argue, the trial court properly concluded that the plaintiffs have a specific, personal and legal interest in the commission’s decision that satisfies the first prong of the test for classical aggrievement. We agree with the plaintiffs.
In the present case, the trial court relied on Lewis for its conclusion that the plaintiffs were classically aggrieved. The zoning commission argues that the Appellate Court’s decision in Lewis expanded the concept of classical aggrievement beyond the scope contemplated by this court.
II
Having concluded that the plaintiffs had standing to appeal to the Superior Court, we now turn to the merits of the plaintiffs’ appeal. The plaintiffs first claim that the trial court improperly concluded that the zoning commission had failed to state a reason for its decision. Specifically, the plaintiffs contend that remarks made by Temple, both at the public hearing and at the zoning commission’s special meeting, constituted an official statement on behalf of the zoning commission that its sole reason for proposing and adopting the amendment was to conform to the plan. The plaintiffs claim, therefore, that the trial court was required to search the record for substantial evidence supporting the zoning commission’s sole stated purpose, and that had the trial court done so, it properly would have concluded that the record did not support that purpose. We disagree.
The proper, limited scope of judicial review of a decision of a local zoning commission when it acts in a legislative capacity by amending zoning regulations is
“Zoning must be sufficiently flexible to meet the demands of increased population and evolutionary changes in such fields as architecture, transportation, and redevelopment. Luery v. Zoning Board, 150 Conn. 136, 145, 187 A.2d 247 [1962]; Clark v. Town Council, 145 Conn. 476, 483, 144 A.2d 327 [1958], The responsibility for meeting these demands rests, under our law, with the reasoned discretion of each municipality acting through its duly authorized zoning commission. Courts will not interfere with these local legislative decisions unless the action taken is clearly contrary to law or in abuse of discretion.” Malafronte v. Planning & Zoning Board, supra, 155 Conn. 209-10. “[T]he test of the action of the commission is twofold: (1) The zone change must be in accord with a comprehensive plan, General Statutes § 8-2, Summer. Zoning Commission, 150 Conn. 79, 87, 186 A.2d 160 [1962], and (2) it must be reasonably related to the normal police power purposes enumerated in § 8-2 . . . .” (Internal quotation marks omitted.) Protect Hamden/North Haven v. Planning & Zoning Commission, supra, 220 Conn. 544.
A
With these principles in mind, we turn to the plaintiffs’ claim that the trial court improperly concluded that Temple’s remarks were not a statement of the zoning commission’s purpose in proposing and adopting the amendment.
The following additional facts are necessary for our analysis of the plaintiffs’ claim. At the December 21, 1999 public hearing and the February 3, 2000 special meeting of the zoning commission, Temple made similar presentations emphasizing the amendment’s relationship to the plan. The transcripts of the hearings indicate that when he was introducing the amendment,
The minutes of the special meeting of the zoning commission disclose that Temple provided a similar explanation of the amendment there. He additionally stated that he “concurred” with the planning commission that residential development should be in balance with commercial and industrial development, and that he had “referenced” the plan when he had calculated lot area. Finally, he summarized “that [the amendment] did indeed conform to the ideas in the [plan].”
The plaintiffs argued before the trial court, as they do again before this court, that Temple’s explanation of the amendment constituted a statement by the zoning commission that its purpose in adopting the amendment was to conform the town’s zoning regulations to the plan. Therefore, the plaintiffs contended that the trial court should have limited its determination to a review of the record for substantial evidence supporting that purpose. The trial court determined, however, that Temple’s remarks did not constitute a statement on behalf of the zoning commission as to its reason for adopting the amendment, and accordingly, the court reviewed the record for any legitimate basis supporting the zoning commission’s decision. The trial court concluded that “the amendment is supported by the articulated goals
On appeal to this court, the plaintiffs claim that the trial court improperly searched the record for any basis supporting the zoning commission’s decision. In contrast, the zoning commission claims that Temple’s remarks were not sufficient to limit the court’s review to substantial evidence supporting those remarks.
We previously have articulated the proper scope of review of the reasons provided by a commission for its decisions. When a zoning agency has stated its reasons for its actions, a court should not reach beyond those stated purposes to search the record for other reasons supporting the commission’s decision. DeMaria v. Planning & Zoning Commission, 159 Conn. 534, 541, 271 A.2d 105 (1970). Rather, “the court should determine only whether the assigned grounds are reasonably supported by the record and whether they are pertinent to the considerations which the authority was required to apply under the zoning regulations.” (Internal quotation marks omitted.) Protect Hamden/North Haven v. Planning & Zoning Commission, supra, 220 Conn. 544. “The principle that a court should confine its review to the reasons given by a zoning agency . . . applies [only] where the agency has rendered a formal, official, collective statement of reasons for its action.” Id. It does not apply to mere utterances of individual members of the agency. Id.
A review of the line of cases addressing the distinction between utterances of individual members of an agency and “a formal, official, collective statement of reasons for [an agency’s] action”; id.; reveals that cases in which we have held that the agency rendered a formal, official, collective statement involve circumstances wherein the agency couples its communication of its ultimate decision with express reasons behind
In the present case, the zoning commission did not state reasons for its decision adopting the amendment in its publication of notice of the decision. Furthermore, the minutes from the February 3, 2000 special meeting,
The plaintiffs’ contend, however, that Temple’s remarks do constitute a collective statement of the zoning commission’s purpose because none of the other members of the zoning commission disagreed with his remarks. The minutes of the February 3, 2000 meeting disclose that prior to the vote, the zoning commission’s members discussed several concerns with the amendment, particularly the possibility, supported by many of the members, of altering the amendment to include density factors. The subsequent margin of the vote adopting the amendment without this change, however, was four to one. In light of this discussion highlighting concerns with the amendment, and in the absence of the express reasons behind the zoning commission’s ultimate vote adopting the amendment, it is unclear to us on what basis the zoning commission members ultimately decided to vote in favor of adopting the amendment. In the same vein, it is equally unclear to us that the zoning commission members’ votes adopting the amendment were predicated on their agreeing with Temple’s remarks. Thus, in the absence of consistent
Finally, the plaintiffs contend that Temple’s remarks constituted a statement of the zoning commission’s purpose because the zoning commission never collectively endorsed any other reasons for supporting its action, including numerous reasons offered by the public. It does not follow, however, that because the zoning commission did not endorse any of the reasons offered by individuals other than Temple, that it, therefore, endorsed Temple’s remarks. We conclude, therefore, that the trial court properly concluded that the zoning commission had failed to articulate the purpose behind its decision to amend the regulation.
B
In light of this conclusion, we reject the plaintiffs’ contention that the trial court improperly searched the record for any basis supporting the zoning commission’s decision. In the absence of a statement of purpose by the zoning commission for its actions, it was the obligation of the trial court, and of this court upon review of the trial court’s decision, to “search the entire record to find a basis for the [zoning] commission’s decision. Parks v. Planning & Zoning Commission, 178 Conn. 657, 661-62, 425 A.2d 100 (1979); see First Hartford Realty Corporation v. Plan & Zoning Commission, supra, [165 Conn.] 543.” (Internal quotation marks omitted.) Protect Hamden/North Haven v. Planning & Zoning Commission, supra, 220 Conn. 544-45.
Ill
We turn next to the plaintiffs’ contention that the trial court improperly concluded that the zoning commission’s decision adopting the amendment is reasonably related to the legitimate purposes of zoning set forth in § 8-2. See footnote 8 of this opinion. The plaintiffs claim that the amendment is not reasonably related to those proposes because there is no rational basis for the amendment’s exclusion of certain types of land whereupon construction and development is allowed. We disagree.
A search of the record for a basis supporting the zoning commission’s decision must uncover evidence that the decision to adopt the amendment: (1) conforms to the town’s comprehensive plan;
With these principles in mind, we turn to the question at hand, namely, whether the record supports a reasonable relationship between the amendment and any legitimate purpose of zoning. We consider first the conclusion of the trial court that the amendment is reasonably related to balancing conservation and development.
Moreover, with respect to the amendment’s relationship to conservation, our search of the record leads us to conclude that the zoning commission reasonably could have believed that conservation would be a corollary effect of the amendment’s existence as a significant obstacle to development via the exclusion of wetlands, watercourses and slopes greater than 25 percent. Although nothing in the amendment specifically limits construction on wetlands and watercourses and in slopes in excess of 25 percent, approval for development is contingent upon meeting the minimum lot area requirement without the inclusion of these areas in the calculation. Furthermore, although Pilla testified that
Finally, we address the plaintiffs’ contention that the trial court improperly concluded that the amendment satisfies the uniformity requirement set forth in § 8-2 (a). See footnote 9 of this opinion. The plaintiffs make three claims in this regard. First, they contend that parcels of land in the same zone are affected differently depending upon whether they contain wetlands and slopes greater than 25 percent and also upon the amount of these areas that they contain. Second, they claim that the amendment is subject to inconsistent application because the terms “wetlands,” “watercourses” and “slopes greater than 25 percent” are unreasonably imprecise. Finally, the plaintiffs contend that the amendment violates the statutory requirement of uniformity in that it does not apply to lots that are part of a subdivision application filed prior to the amendment’s effective date or to lots that already had been developed or had been approved for development. We reject the plaintiffs’ claims.
Section 8-2 (a) authorizes the zoning commission to “regulate the erection, construction, reconstruction, alteration or use of buildings or structures and the use of land” provided that “[a]ll such regulations shall be uniform for each class or kind of buildings, structures or use of land throughout each district . . . .” This court has noted that “[a] general rule requiring uniform regulations serves the interests of providing fair notice to applicants and of ensuring their equal treatment.” Kaufman v. Zoning Commission, 232 Conn. 122, 147, 653 A.2d 798 (1995). “Vague regulations which contain
In the present case, the plaintiffs first claim that the amendment violates the uniformity provision set forth in § 8-2 (a) because, in practice, the amendment creates different minimum lot sizes within the same zoning district depending upon whether and in what amount a parcel contains wetlands, watercourses and slopes greater than 25 percent. In support of this claim, they rely on Veseskis v. Bristol Zoning Commission, 168
It is well established that the purpose of the uniformity requirement is to ensure that subdivision applicants are treated equally. See, e.g., Kaufman v. Zoning Commission, supra, 232 Conn. 147; Veseskis v. Zoning Commission, supra, 168 Conn. 360. After finding that the amendment at issue treats applicants equally, the trial court concluded that “the amendment applies consistently to all parcels throughout residential zones.” In doing so, the trial court rejected the plaintiffs’ reliance on our decision in Veseskis, wherein we held that a commission’s creation of a special buffer strip on one specific individual piece of property by an amendment to its zoning regulations violated § 8-2. Veseskis v. Zoning Commission, supra, 359-60. The trial court concluded that Veseskis is inapposite to the present case because in that case, the zoning commission’s regulation affected only one specific parcel of land; id.; whereas in the present case, the amendment applies to all parcels of land that contain the features set forth in the amendment.
On appeal, the parties do not dispute that the amendment has a different affect on parcels of land depending upon whether the parcels contain wetlands, watercourses and slopes greater than 25 percent and depending upon how much of these types of land the parcels contain. That is, the parties agree that, in order to satisfy the minimum lot area required for development, the practical effect of the amendment is a requirement that parcels with wetlands, watercourses and slopes greater than 25 percent be larger. The parties dispute, however, whether this differing affect is inconsistent, or unequal, and, therefore, in violation of § 8-2(a).
The thrust of the statutory requirement of uniformity is equal treatment. See, e.g., Kaufman v. Zoning Commission, supra, 232 Conn. 147; Veseskis v. Zoning Commission, supra, 168 Conn. 360. It is undisputed that, although the amendment ultimately has a differing effect on parcels of land depending on the presence and amount of wetlands, watercourses and slopes greater than 25 percent, it is applied to every parcel within its purview consistently and equally. We conclude, therefore, that the trial court properly determined that the amendment does not require different minimum lot sizes, and, therefore, does not violate § 8-2 (a) in this respect.
In concluding that the amendment is sufficiently precise to satisfy the uniformity requirement set forth in § 8-2 (a), the trial court relied on evidence that “slopes can be identified through engineering techniques” and that “wetlands are defined under General Statutes § 22a-38.”
Our search of the record, however, reveals that the trial court reasonably could have concluded that the amendment is sufficiently precise. A regulation must only be “reasonably sufficient to identify the criteria to be evaluated in [its] enforcement . . . since it would be impossible to establish one standard which would adequately cover all future cases.” Nicoli v. Planning & Zoning Commission, supra, 171 Conn. 93. David N. Hubbard, the town’s director of community planning and economic development, submitted written correspondence to the zoning commission that the identification of slopes is routine, and modem computers enable engineers and surveyors to easily identify and mark steep slopes and wetlands at any requested interval or distance. Moreover, in proving that their land contains wetlands and slopes greater than 25 percent, the plaintiffs necessarily utilized and relied on these engineering techniques. Indeed, Posthauer testified for the plaintiffs on the issue of aggrievement regarding how he and his office of professional engineers followed the “standard practice . . . that engineers use today” to determine the amount of the plaintiffs’ land that consists of wetlands and slopes greater than 25 percent. He explained:
Finally, the plaintiffs claim that the amendment violates the statutory requirement of uniformity in § 8-2 (a) because it does not apply to lots that are part of a subdivision application that was filed prior to the amendment’s effective date or to lots that already have been developed or already have been approved for development. Under Connecticut law, previously approved subdivisions are exempt from changes in zoning regulations; General Statutes § 8-26a (b);
The judgment is affirmed.
In this opinion the other justices concurred.
The plaintiffs in this appeal are: the named plaintiff, Vivian W. Harris, and her family members, George G. Harris, George O. Harris and Janet S. Harris (collectively, the Harrises), who own land together; Susan V. Bailey, who owns land with the Harrises and also owns land individually; Carl M. Dunham, Jr.; Victor Nelson; Cordiero’s Construction Company, Inc. (Cordiero); the Reimer Family Partnership (Reimer); and Nick Penachio Company, Inc. (Penachio). Each of the plaintiffs owns large parcels of
Following the Appellate Court’s granting of the plaintiffs’ petition for certification to appeal from the judgment of (he trial court, we transferred the plaintiffs’ appeal to this court pursuant to Practice Book § 65-1 and General Statutes § 51-199 (c).
The amendment provides: ‘ ‘Lot and Area: The total horizontal area within the lot lines. In determining compliance with the minimum lot area requirements of these regulations, areas consisting of wetlands, watercourses, natural slopes in excess of 25%, portions of the lot less than 25 feet wide, or the private right-of-way leading to the rear of the lot shall not be included. ’ ’ (Emphasis in original.) See New Milford Zoning Regs., § 015-010.
In a letter dated November 12, 1999, the planning commission informed the zoning commission that it had voted unanimously to recommend that the zoning commission not adopt the amendment. In a letter dated December 17, 1999, the planning commission listed several concerns it had with the amendment, including its opinion that the amendment did not conform to the plan. Although the record reveals that the zoning commission subsequently addressed many of the planning commission’s concerns, we note that it was not obligated to do so. General Statutes § 8-2 (a) provides in relevant part that the zoning commission “shall consider the plan of conservation and development,” but that it is not bound by the plan. Lathrop v. Planning & Zoning Commission, 164 Conn. 215, 223, 319 A.2d 376 (1973) (development plan is merely advisory).
The zoning commission officially closed the public hearing after an additional, brief public hearing on January 11,2000, which consisted entirely of Doring reading aloud written correspondence either endorsing or opposing the amendment.
General Statutes § 8-9 provides: “Appeals from zoning commissions and planning and zoning commissions may be taken to the Superior Court and, upon certification for review, to the Appellate Court in the manner provided in section 8-8.”
General Statutes § 8-8 (a) (1) provides in relevant part: “In the case of a decision by a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, ‘aggrieved person’ includes any person owning land that abuts or is within a radius of one hundred feet of any portion of the land involved in the decision of the board.”
General Statutes § 8-2 (a), which grants the zoning commission the authority to regulate, provides in relevant part: “Such regulations shall be designed to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population and to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality. . . .”
General Statutes § 8-2 (a) provides in relevant part: “The zoning commission of each city, town or borough is authorized to regulate, within the limits of such municipality, the height, number of stories and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards, courts and other open spaces; the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes .... All such regulations shall be uniform for each class or kind of buildings, structures or use of land throughout each district, but the regulations in one district may differ from those in another district . . . .”
The property owned by the plaintiffs; see footnote 1 of this opinion; is as follows: the Harrises collectively own approximately 140 acres in the R-60 residential zone, with 10.87 acres of wetlands and 4 acres with slopes of 25 percent grade or greater; Dunham owns more than 700 acres in the R-40 and R-80 residential zones, of which 127.36 acres are wetlands and 298.85 acres have slopes of 25 percent grade or greater; Nelson owns 204 acres located in the R-40 and R-80 residential zones that contain 7.1 acres of wetlands and 79.75 acres with slopes of 25 percent grade or greater; Cordiero owns 138.28 acres of land located in the R-80 residential zone that contain 9.1 acres of wetlands and 46.6 acres with slopes of 25 percent grade or greater; Reimer owns 333 acres of land located in the R-60 and R-80 residential zones, with 76.5 acres of wetlands and 14.2 acres with slopes of 25 percent grade or greater; and Penachio owns 111.7 acres located in the R-60 and R-80 residential zones, with 10.8 acres of wetlands and with 11.4 acres with slopes of 25 percent grade or greater.
As a result of the amendment, the property owned together by the Harrises is reduced from 74 to 62 potential lots; Dunham’s property is reduced from 181 to 102 potential lots; Nelson’s property is reduced from 72 to 41 potential lots; Cordiero’s property is reduced from 29 to 17 lots; Reimer’s property is reduced from 132 to 103 potential lots; and Penachio’s property is reduced from 40 to 30 potential lots.
The zoning commission contends that this court’s decision in Sheridan v. Planning Board, 159 Conn. 1, 266 A.2d 396 (1969), controls the present
For this same reason, we disagree with the zoning commission’s contention that the present case is distinguishable from Timber Trails Corp. v. Planning & Zoning Commission, supra, 222 Conn. 376, because that case involved an amendment applicable only to one zone, whereas the present case involves an amendment to a regulation affecting the entire town.
The trial court concluded that the plaintiffs satisfied the second prong because their interests were affected adversely by the zoning commission’s decision based on its findings that the amended regulation reduced the number of potentially developable lots on each plaintiffs land, resulting in a significant economic loss. See footnote 11 of this opinion.
Because the plaintiffs established that they were classically aggrieved by the commission’s decision, and, therefore, that they had standing to appeal from that decision, we need not decide the propriety of the trial court’s determination that the plaintiffs also were statutorily aggrieved.
The amendment’s conformity with the town’s comprehensive plan is not disputed in this appeal.
Indeed, the plaintiffs contend that construction on the areas excluded from the amendment is unlikely because the amendment ultimately requires larger lots and only a small percentage of one and two acre lots are used for structures.
The plaintiffs also claim that the amendment is not reasonably related to the legitimate goals of public health or safety. Additionally, they claim that, because the excluded areas are unlikely to be built upon because of the small percentage of one and two acre lots that are used for structures, there is no rational basis for the total exclusion of these areas. We do not reach these claims because we conclude that the amendment is reasonably related to balancing conservation and development. See Bortner v. Woodbridge, 250 Conn. 241, 251 n.13, 736 A.2d 104 (1999) (court does not decide issues unnecessary to resolution of case). Finally, the plaintiffs claim that the town’s initial adoption of large lot zoning was based, in part, on topographical
General Statutes § 22a-38 provides in relevant part: “(15) ‘Wetlands’ means land, including submerged land, not regulated pursuant to sections 22a-28 to 22a-35, inclusive, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial, and floodplain by the National Cooperative Soils Survey, as may be amended from time to time, of the Natural Resources Conservation Service of the United States Department of Agriculture;
“(16) ‘Watercourses’ means rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, vernal or intermittent, public or private, which are contained within, flow through or border upon this state or any portion thereof, not regulated pursuant to sections 22a-28 to 22a-35, inclusive. ...”
General Statutes § 8-26a (b) provides: “Notwithstanding the provisions of any general or special act or local ordinance, when a change is adopted in the zoning regulations or boundaries of zoning districts of any town, city or borough, no lot or lots shown on a subdivision plan for residential property which has been approved, prior to the effective date of such change, by the planning commission of such town, city or borough, or other body exercising the powers of such commission, and filed or recorded with the town clerk, shall be required to conform to such change.”
General Statutes § 8-2h (a) provides: “An application filed with a zoning commission, planning and zoning commission, zoning board of appeals or agency exercising zoning authority of a town, city or borough which is in conformance with the applicable zoning regulations as of the time of filing shall not be required to comply with, nor shall it be disapproved for the reason that it does not comply with, any change in the zoning regulations or the boundaries of zoning districts of such town, city or borough taking effect after the filing of such application.”