Vece v. Zoning and Planning Commission of Town of West Haven
| Decision Date | 27 June 1961 |
| Citation | 148 Conn. 500,172 A.2d 619 |
| Parties | Raymond VECE, Sr., et al. v. ZONING AND PLANNING COMMISSION OF the TOWN OF WEST HAVEN et al. Supreme Court of Errors of Connecticut |
| Court | Connecticut Supreme Court |
Richard Belford, New Haven, with whom, on the brief, was Jacob Belford, New Haven, for appellant (defendant Mauro).
David M. Reilly, Jr., New Haven, for appellees (plaintiffs).
Before BALDWIN, C. J., KING, MURPHY and SHEA, JJ., and ALCORN, Superior Court Judge.
The zoning and planning commission of West Haven changed the zone of property of the defendant Nicholas Mauro, hereinafter called the defendant, from B residence to business. The plaintiffs, owners of property in close proximity to the defendant's land, appealed to the Court of Common Pleas, which reversed the decision of the commission. The defendant has appealed.
Platt Avenue in West Haven runs generally in a northerly and southerly direction. The property covered by the change of zone is bounded on the west by Platt Avenue for approximately 780 feet. On the east, it is bounded by Island Creek, which runs in an irregular line, for 770 feet more or less. The depth of the property varies from 180 feet to approximately 260 feet. About 80 feet of the frontage at the north end of the property is in a business zone. A small parcel of land north of and adjacent to the defendant's land is also zoned for business. On the west side of Platt Avenue, opposite the north portion of the land involved in this controversy, the defendant owns another small piece of land which, together with a small parcel to the north, at the intersection of Jones Hill Road, is in a business zone. The business zone for these small parcels in each instance extends from the street line to the rear for only a short distance. The parcels were being used for business when the comprehensive plan of zoning was adopted in 1931 and were zoned accordingly. Aside from these limited areas, all the property surrounding the defendant's land and extending for a substantial distance in all directions from it is zoned for residential use. Plan have been made to erect a new high school on property southeast of the defendant's land. Access to the high school property will be from Platt Avenue a short distance south of the defendant's southerly boundary.
On October 22, 1959, the defendant applied to the commission for a change of zone to enable him to construct a building in which he planned to install bowling alleys. A similar petition for the same property had been denied by the commission in May, 1958. No changes had occurred between the denial of the first application and the filing of the second. Platt Avenue curves rather sharply in front of the defendant's property. The plaintiffs, nearby property owners, appeared at the public hearing and opposed the defendant's application. The problems of traffic congestion and off-street parking were, among others, emphasized, particularly because of the proximity of the defendant's property to the proposed new high school. The defendant stated that provision would be made for off-street parking to accommodate 350 to 400 cars. He also offered to deed to the town the land necessary to straighten out the curve in the street in front of his property. After the public hearing, the commission, in executive session, decided to require the defendant, among other things, to enter into an agreement with the town to deed to it land for the purpose of straightening and improving Platt Avenue and to submit a satisfactory traffic flow and circulation plan to the police department. The school board was also to be contacted to ascertain its plans for this area of the town. By unanimous vote, the commission tabled the defendant's application pending action on these matters. Although nothing was done about fulfilling any of the requirements, the commission, on December 14, 1959, at a regular meeting, unanimously approved the defendant's application on the premise that the change was '...
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Karp v. Zoning Bd. of City of Stamford
...to a comprehensive plan for the municipality. This is not a proper exercise of the city's zoning authority. Vece v. Zoning & Planning Commission, 148 Conn. 500, 503, 172 A.2d 619. The regulation also purports to encroach upon the statutory authority of the state liquor control commission. I......
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Raymond v. Zoning Bd. of Appeals of Norwalk
...traffic congestion." Jarvis Acres, Inc. v. Zoning Commission, 163 Conn. 41, 49, 301 A.2d 244 (1972); Vece v. Zoning & Planning Commission, 148 Conn. 500, 503, 172 A.2d 619 (1961). General Statutes § 8-2 (a) provides in relevant part that "regulations shall be designed to lessen congestion i......
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Morningside Ass'n v. Planning and Zoning Bd. of City of Milford
...is unwarranted. Metropolitan Homes, Inc. v. Town Plan & Zoning Commission, 152 Conn. 7, 11, 202 A.2d 241; Vece v. Zoning & Planning Commission, 148 Conn. 500, 503, 504, 172 A.2d 619; Nowicki v. Planning & Zoning Board, 148 Conn. 492, 496, 497, 172 A.2d 386; Kimball v. Court of Common Counci......
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Jarvis Acres, Inc. v. Zoning Commission of Town of East Hartford
...congestion in the streets.' See Wilson v. Planning & Zoning Commission, 162 Conn. 19, 23, 291 A.2d 230, 232; Vece v. Zoning & Planning Commission, 148 Conn. 500, 503, 172 A.2d 619; Whalen v. Town Plan & Zoning Commission, 146 Conn. 321, 327, 150 A.2d 312; Gordon v. Zoning Board, 145 Conn. 5......