Lordship Park Ass'n v. Board of Zoning Appeals of Town of Stratford

• Decision Date: 11 July 1950
• Citation: 75 A.2d 379,137 Conn. 84
• Court: Connecticut Supreme Court
• Parties: LORDSHIP PARK ASS'N v. BOARD OF ZONING APPEALS OF TOWN OF STRATFORD. Supreme Court of Errors of Connecticut

Page 379

75 A.2d 379

137 Conn. 84

LORDSHIP PARK ASS'N v. BOARD OF ZONING APPEALS OF TOWN OF STRATFORD.

Supreme Court of Errors of Connecticut.

July 11, 1950.

Robert E. Trevethan, Bridgeport, Robert B. Hilgendorff, Bridgeport, for appellant.

William Reeves, Bridgeport, Frederick Pope, Jr., Bridgeport, for appellee.

Before BROWN, C. J., and JENNINGS, INGLIS and O'SULLIVAN, JJ. ¹

INGLIS, Judge.

The question involved in this case is whether the board of zoning appeals of the town of Stratford acted illegally or arbitrarily in refusing to approve the plaintiff's plan for a subdivision of its land. The finding, in which no material changes should be made, discloses the following facts: The land owned by the plaintiff, comprising about forty acres, was located in the southeasterly part of the town of stratford. The portion which the plaintiff desired to subdivide had a shore front on Long Island Sound of about 2860 feet. The ordinances of the town provided that no land should be subdivided and sold until the map or plat showing the subdivision had been submitted to and approved by the town planning and zoning board, but no standards were set up to control the board in its action. Stratford Zoning Regs. (1945) p. 38 et seq. In accordance with the provisions, on June 19, 1948, the plaintiff submitted to the board a petition for the approval of its proposed subdivision, accompanied by a map depicting the plans. The map showed a projected road, Park Boulevard, running easterly 1040 feet from a road to be known as York Street to Cove Place, a proposed road which would intersect Park Boulevard at right angles. York Street and Cove Place both extended northerly from Park Boulevard to intersect Prospect Drive, which apparently was a through street. Park Boulevard was shown to be roughly parallel with, but 150 feet to the north of, the shore line of Long Island Sound. The space between the road and the water was designated as 'Reserved for Park Purposes.' They layout provided for no other road to parallel the shore line anywhere in the subdivision.

While the plaintiff's petition was pending before the board, some negotiations were had with reference to the possible purchase of the plaintiff's property by the town. Because these negotiations were in progress, the town planning and zoning board delayed action on the plaintiff's petition. It was not until October 6, 1948, that the board acted, although the ordinance provided: 'The Town Planning and Zoning Board shall approve or disapprove such map or plat within 60 days after such map or plat has been submitted to it.' Stratford Zoning Regs. (1945) p. 38, § 3. The board refused to approve the plan. The record of its vote showed that 'The consensus of the Board was that * * * it felt that a roadway or drive eventually should be constructed along the store side on Long Island Sound to turn northerly and connect with Short Beach Road.'

From that decision the plaintiff appealed to the board of zoning appeals. The board held a hearing on the matter, but no action was taken on the appeal at that time. The negotiations for the purchase of the property were still in progress, and it was not until November 8, 1948, that the town council voted not to make the purchase. On November 26, at an executive session, the board of zoning appeals decided to deny the plaintiff's appeal and sustain the action of the town planning and zoning board. The minutes of the meeting disclose the basis of the decision to have been as follows: 'It was acknowledged that the Lordship Park Association had met the requirements of the Town with regard to their subdivision, and that further the towns-people indicated by vote at the polls that they did not want the Town Council to purchase this property for a public beach and park. * * * As early as 1927 a master plan was developed by the Town, with the understanding that the Planning and Zoning Board would approve only such layouts for future developments that conformed to it. In 1936 the Town Council in official action approved a preliminary plan. Both these plans are on file in the Town archives. Both provided for a continuous public right of way, facing the entire beach front on Long Island Sound, except that already occupied by private dwellings. Appellant should have planned his development to conform to these plans. We believe the Planning Board's refusal to approve the plot plan was based upon lack of conformation to the master plans. We are bound by the official action of the Town Council in 1936, not to approve the plans for this development as submitted.'

The reference in those minutes was to a vote of the town council of May 11, 1936. That vote purported to be adopted pursuant to the authority of a special act of the General Assembly, as amended in 1935, which provided that the town council of Stratford should have 'the power to provide a master plan or plans for the entire town or for any part thereof, which plan or plans may provide for the future layout and location of all highways * * * and, if such plan or plans be adopted, may prescribe by ordinance rules and regulations, determining the manner in which such plan or plans shall be made, filed, recorded, changed, altered or amended * * * and may by rule and regulation compel compliance with such plan or plans.' 22 Sp.Laws 1935, pp. 349, 350, § 1.

The vote of the town council of May 11, 1936, was passed without giving interested persons an opportunity to be heard and was simply that 'the 'Preliminary Plan dated May 11th, 1936, * * * made by Town Planning Board * * *' as recommended by the Planning Board, be adopted and used as a guide for the future development of the Town, subject to such future changes as may be made.' The town council has never adopted any rules or regulations providing for the manner and method by which plans are to be approved and adopted by it, nor any ordinance, regulation or rule compelling landowners to comply with and observe the preliminary plan.

The preliminary plan showed a proposed public road over the property which is now owned by the plaintiff along the shore of Long Island Sound; it did not...