In an upcoming issue of Quinlan's Zoning Law Bulletin, look for an in-depth summary of the following case:
In Hescock v. Zoning Board of Appeals of Town of Stonington, 2009 WL 94537 (Conn. App. 2009) William Hescock and Regina Hescock appealed from the decision of the town's zoning board of appeals ("ZBA") granting a variance to their neighbors, Carol Holt and Thompson Wyper (the "Holts").
The Holts owned property in the town. The property was located in a coastal area management overlay district ("coastal zone") and a flood hazard overlay district ("flood zone"). The Holts wanted to raze the existing house on the property and construct a new one. The Holts' existing house was located 44 feet from the mean high tide, and they wanted to locate the new house 47 feet from the mean high tide. Town zoning regulations required "[a]ll new construction . . . shall be located 100 feet landward of the reach of the mean high-tide." In furtherance of their proposal, and in accordance with the town zoning regulations, the Holts filed a variance application with the town. They also filed an application for a coastal site plan review, which pursuant to the town zoning regulations and state law, was required to accompany variance applications for projects within, or partly within, the coastal boundary. Ultimately, the ZBA approved both the variance and the coastal site plan review applications.
The Hescock's appealed the ZBA's decision. They argued, among other things that: (1) the ZBA's decision to approve the coastal site plan review application was not supported by substantial evidence, as required; and (2) the ZBA's decision to approve the variance was improper because there was no substantial evidence of unusual hardship.
On appeal, the Appellate Court of Connecticut held that the ZBA's approval of the application for coastal site plan review was supported by substantial evidence. In reaching that conclusion, the court found that the record before the ZBA contained "sufficient information" for the ZBA to evaluate the application and determine the extent and acceptability of potential adverse impacts. The court also held that the ZBA's decision to grant the Holts' variance application was proper because, although an extreme hardship was not established, the reduction of the nonconformances of the existing house to the "less offensive" proposed house was an independent basis on which the ZBA could grant the variance.
ALABAMA-Athens Mayor Dan Williams recently announced that he would work with the Alabama League of Municipalities to get several zoning-related bills passed through the State Legislature. One proposed bill would authorize an alternate method of publishing license, zoning, and planning ordinances by means of synopsis published in the newspaper. Current state law requires municipalities to publish ordinances of general and permanent operations. A second proposed bill would authorize municipalities to establish a permanent zoning classification for territory proposed to be annexed prior to the actual annexation. Current state law requires newly-annexed territory to come into the municipality either "unzoned" or temporarily zoned for a classification. A third proposed bill would give mayors permissive authority to appoint two alternate members to the planning commission to serve only in the absence of regular members. A fourth bill would allow the municipal governing board of a Class 6, 7, or 8 municipality to, in its discretion, appoint up to two persons who reside outside the corporate limits of the municipality but within the boundaries of the board's jurisdiction to serve on the industrial development board. Currently, board members must be residents of the municipality. A fifth bill would authorize a municipal governing body to adopt an ordinance to limit the enforceability of subdivision regulations to an area less than within (the current) five miles of the municipality's corporate limits.
Source: The News Courier; www.enewscourier.com
MARYLAND-The General Assembly is considering a bill this session that would require those applying for changes in county zoning laws to disclose political donations to county elected officials.
Source: Baltimore Sun; www.baltimoresun.com
MASSACHUSETTS-Governor Deval Patrick's top economic aides recently outlined the administration's strategy for spurring economic growth in urban centers in the state. Among the initiatives is a proposed reform of the state's 40A zoning law, which governs how communities regulate land use. Reportedly, the administration is "supporting legislation filed in the state Senate . . . to enhance local control and allow for clusters of development linked to public transportation and other key sources."
Source: The Boston Globe; www.boston.com
NEW HAMPSHIRE-Several New Hampshire communities, including Hampton Falls, New London, Sunapee, Thornton and Wakefield, are reportedly preparing for town meeting votes this year ordinances that would regulate small wind-power turbines. This preparation may be in response to a state law, enacted in 2008, which specifies the Legislature's intent to encourage the development of small wind turbines and prohibits towns from categorically restricting small wind turbines. A model ordinance is available at the New Hampshire Office of Energy and Planning for the education of local governing officials. That model ordinance defines a "small wind system" as one with a rated capacity of 100 kilowatts or less and whose tower is not more than 35 feet taller than the tree canopy within 300 feet of the turbine, and never more than 150 feet tall.
Source: The Union Leader; www.unionleader.com
NEW YORK-Irondequit officials are reportedly considering adopting legislation that would regulate wind towers. The proposed legislation would limit the size of stand-alone wind tower-mounted systems. Towers could be no more than 150 feet in height and could produce no more than 60 kilowatts of electric power. Towers would also have to be set back a distance equal to their height plus twenty feet from any public right-of-way, property lines, overhead utility lines and other markers. The legislation is intended to "make it easier for residents or businesses to install wind towers, while protecting public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind-energy system."
Source: Rochester Democrat and Chronicle; www.democratandchronicle.com
TEXAS-The four-member Joint Airport Zoning Board-which was established to address issues affecting Laughlin Air Force Base ("LAFB") and Del Rio International Airport-recently endorsed proposed legislation that would give local officials greater authority in controlling development around LAFB. The legislation would give Val Verde County and the City of Del Rio, through the Joint Airport Zoning Board, zoning authority within five nautical miles around the center line of the LAFB runway. Specifically, the legislation would allow for regulation of "height, number of stories, sizes of buildings and other structures, the percentages of lots that may be occupied, the size of yards and open spaces, population density, the location and use of buildings and other structures and lands for businesses, industry, residential and other purposes, the placement of water and sewer facilities, landfills, parks and other public facilities." Owners or ranchland around LAFB reportedly object to the proposed legislation.
Source: Del Rio News-Herald; www.delrionewsherald.com