Zieky v. Town Plan and Zoning Commission of Town of Bloomfield
| Decision Date | 17 December 1963 |
| Citation | 196 A.2d 758,151 Conn. 265 |
| Court | Connecticut Supreme Court |
| Parties | Paul ZIEKY v. TOWN PLAN AND ZONING COMMISSION OF the TOWN OF BLOOMFIELD. Supreme Court of Errors of Connecticut |
George Schwolsky, Hartford, with whom was Morris J. Cutler, Hartford, for appellant (defendant).
Benjamin A. Markman, Hartford, with whom was James T. Canivan, Hartford, for appellee (plaintiff).
Before KING, C. J., and MURPHY, SHEA, ALCORN, and COMLEY, JJ.
The plaintiff owns a tract of land containing about eight acres bordering on Blue Hills Avenue in Bloomfield. The property is in what is designated by the Bloomfield zoning regulations as an R-15 zone. The permitted uses in such a zone include single-family dwellings, agricultural uses, golf courses and country clubs not operated for profit, churches, schools, colleges, libraries, professional offices or studios located in the user's dwelling, the limited furnishing of rooms or board, home occupations employing not over two non-resident employees, hospitals, nursing homes and charitable and philanthropic institutions other than correctional institutions and asylums for the insane. Bloomfield Zoning Regs. art. 2, §§ 1-5 (Rev.1962). The zoning and planning commission is empowered to authorize the construction of garden apartments, as a special exception, in an R-15 zone, after a public hearing and subject to specific requirements. General Statutes § 8-2; Bloomfield Zoning Regs. art. 4, § 10 (Rev.1962).
At the hearing before the defendant, the plaintiff offered evidence that he proposed to erect eight two-story buildings of colonial design which would occupy about 7 percent of the land area and would contain seventy-eight dwelling units. A parking area for vehicles would be provided for each dwelling unit, existing sanitary sewers were stated to be adequate, and storm waters would be drained into a brook at the rear of the property. Access from the main highway to the buildings would be provided by an interior road or drive. The estimated traffic expected to be generated by the project would not cause a hazard or be detrimental to public safety. The proposed use would not depreciate the value of neighboring properties but would tend to increase their value. The land is in an area recommended for garden apartments in a planning study prepared for the defendant. No evidence was offered in opposition to the plaintiff's application. After a wait of three months following the hearing, the defendant rejected the plaintiff's application. The defendant gave no reasons for its action.
We have adhered to the proposition that, subject to certain underlying principles, the solution of zoning questions is to be left to the local authority,...
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