158 Conn. 196 | Conn. | 1969
WATR, Inc., hereinafter referred to as the plaintiff, holds an option to purchase a parcel
Thereafter, on January 9, 1967, the plaintiff applied to the defendant zoning board of appeals for a special exception pursuant to § 4.1 (1) of the Bethany zoning regulations
The plaintiff assigns error in the following conclusions of the trial court: (1) Section 4.1 (1) of the regulations constituted an illegal delegation of authority from the planning and zoning commission to the zoning board of appeals. (2) Section 4.1 (1) lacked adequate standards under which the board could exercise its authority. (3) The board did not
In zoning matters, the town of Bethany has been acting under the provisions of the general zoning enabling act since February 11, 1952.
One of the plaintiff’s basic claims is that the Bethany zoning regulations permit the granting of special exceptions by the zoning board of appeals and that § 4.1 (1) of the regulations adequately specifies the “classes or kinds of buildings, struc
Section 4.1 (1) of the regulations authorized the zoning board of appeals upon application, to allow other uses “not specifically permitted” in a residence zone “and not specifically prohibited under Section 8” of the regulations. Section 8 lists numerous uses of the most undesirable type which are prohibited anywhere in the town of Bethany. Section 4.1 (1) of the regulations purports to confer on the zoning board of appeals the power to determine what other uses may be allowed, and it does not limit the board in any way to a determination of whether or not a proposed use falls within one of the special exceptions expressly permitted by the regulation. The
The conclusion of the trial court, that § 4.1 (1) of the regulations is invalid, was correct.
It is, therefore, unnecessary to discuss the remaining assignment of error.
There is no error.
In this opinion the other judges concurred.
“[Bethany Zoning Begs. §4 (1962 as amended).] residential zone uses & regulations 4.1 Permitted Uses In a Besidential Zone buildings and premises may be used and buildings may be erected or structurally altered which are arranged, intended, and designed to be used only for the following purposes provided that the residential character of the property is maintained: ... 1. The Zoning Board of Appeals may, upon application and after public notice and hearing,
See Town of Bethany Ordinances and Special Acts Operative on March 1, 1968, p. 6.