Land Use and Zoning

RECENT LAND USE CASES INVOLVING SABATINI AND ASSOCIATES, LLC

Wednesday, October 25th, 2006

Sabatini and Associates, LLC has represented many developers in a variety of land use matters.

Recently the firm represented the developers of a new “Lazy Boy” show room in Newington, CT. This development involved obtaining permits for site plan approval before the Town Planning and Zoning Commission and also a State Traffic Commission permit. The STC permit was required because the project abutted the state highway.

Another recent project involved the firms representation for a new “TGI Fridays”. This project was developed on an existing shopping center as a pad site.  The approvals required obtaining a waiver of parking requirement. It also required approval of a State Traffic Commission permit.

Recently the firm represented developers in Canton, CT before the Planning Commission in a succesful effort to defeat a proposed “ridge line ordinance” that would have restricted or prohibited large parcels of land in Canton.     

Sabatini and Associates was successful in obtaining approval for a “Walgreen’s Pharmacy” in Newington, CT. This matter was very complex. Some 1200 people were opposed to the project. Despite the opposition, Sabatini and Associates was able to obtain wetlands permits, site plan permit and STC permit. 

 

Land Use Law Overview

Wednesday, October 25th, 2006

Land Use Law refers to that area of law that deals with zoning, inland wetlands and/or coastal wetlands. It also refers to  obtaining permits for development of land. Most towns in Connecticut have adopted zoning regulations and inland wetland regulations. Most towns have established commissions or boards to deal with applications for various zoning related activities. The most common commissions in Connecticut are known as Planning and Zoning Commissions, Zoning Board of Appeals and Inland  Wetland Commissions. Some towns have different names for these commissions such as Conservation Commission or Planning Commission or Zoning Commission. Some towns such as West Hartford retain final Planning approval for the elected body, namely the Town Council. In some land use matters the Army Corps of Engineers and/or the Department of Environmental Protection may be involved. Also, if your project borders a state highway or has an impact on traffic, the State Traffic Commission may be involved.

In Connecticut local towns derive their authority to regulate land use from the State. The enabling legislation is found in Chapter 124, Sec. 8-1 et. seq. The wetlands law is found in Chapter 440 beginniing with Sec. 22a-28. Coastal laws are found in Chapter 444 beginning with Sec. 22a-90. Most towns in Connecticut have adopted regulations. These regulations are available at the respective town halls but can also be found on line at Ordinance.com (subscription is necessary).

The beginning point for every project is the application. All towns have filing fees. The amount depends on the size and scope of the project.

Sabatini and Associates, LLC has represented many developers in projects big and small throughout Connecticut. We have represented clients before local, state and federal agencies. We have working relationships with experts such as civil engineers, surveyors, traffic engineers, landscape architects and the like. We are able to establish a team of experts, and coordinate your project from conception to final approval.

We also have extensive experience in the litigation of land use matters both on the trial court  and appeal level.   

Friday, August 11th, 2006