Hoerle v. New Hartford Plan. Zon. Comm., No. 051939 (Jan. 9, 1991)
Opinion of the Court
On September 13, 1989, the Commission assigned for a public hearing on October 11, 1989 the Cyr application for a three lot subdivision known as "Wyndemere Subdivision" located at the end of Maillet Lane in New Hartford.
At the hearing a petition signed by twenty eight residents of Maillet Lane was submitted in support of the Wyndemere subdivision. It state's:
"We, the undersigned residents of Maillet Lane hereby express our support for the proposed three-lot subdivision plan known as "Wyndemere" as shown on the revised Plans and drawings dated September 5, 1989; and as an integral part of the plan, request that the Town agree to apply for an extension of Maillet Lane for the purpose of constructing a permanent cul-de-sac turnaround. We feel the extension and permanent turnaround is critical for our health and safety, and the health and safety of our children. We urge the Board of Selectmen to agree to apply for the extension of the road, and the respective Commissions to approve the revised plan as submitted."
In addition, the Commission had before It approvals by the Farmington Valley Health District for septic systems as well as a consulting engineer for the road layout. Following the public hearing the Commission voted unanimously to approve the subdivision application subject to two conditions not relevant to this appeal. This decision was published in the CT Page 643 Register Citizen on November 16, 1989 and thereafter, this appeal followed. The plaintiff owns land abutting the northerly boundary of the applicant's property and is therefore aggrieved. Conn. Gen. Stat.
In his appeal, the plaintiff makes three claims: the approval was arbitrary, illegal and in abuse of discretion; the Commission violated section
To determine the issues on this appeal, the court need only to consider the second claim. Section
The court finds that the representation by Attorney Kenner was a direct violation of section
PICKETT, J.
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