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Land Use Law Appellate Court Opinion

by Zigadto, Janet


AC44982 - Drewnowski v. Planning & Zoning Commission ("In this certified zoning appeal, the defendant Hamlet Homes, LLC, appeals from the judgment of the Superior Court sustaining the administrative appeal of the plaintiffs, Michael C. Drewnowski and Kelly A. Drewnowski. The plaintiffs brought the underlying appeal from a decision of the Planning and Zoning Commission of the town of Suffield (commission) approving the defendant's special permit and subdivision applications for a proposed, sixteen lot flexible residential development in Suffield (town). The defendant claims on appeal that the court improperly (1) determined that the length of the proposed dead-end access road for the new development exceeded the maximum length prescribed in § 905 (c) of the Suffield Subdivision Regulations (subdivision regulations) regarding dead-end streets or dead-end street systems, thereby rejecting the defendant's contention that the street length limitation was inapplicable because § VI (B) of the Suffield Zoning Regulations (zoning regulations) pertaining to flexible residential developments explicitly provides that generally applicable 'dimensional requirements' are 'superseded' with respect to flexible residential developments; (2) concluded that the commission had failed to make a finding of hardship needed to approve the defendant's applications pursuant to § 902 of the subdivision regulations; and (3) determined that the proposed development was not '"surrounded by subdivided land"' so as to justify approval of the applications pursuant to an exception found in § 905 (a) of the subdivision regulations. We are not persuaded and, accordingly, affirm the judgment of the Superior Court.")

  • AC44982 Dissent - Drewnowski v. Planning & Zoning Commission