2003 Ct. Sup. 8453-a
No. CV 98 0144154Connecticut Superior Court, Judicial District of Waterbury at Waterbury
July 17, 2003
MEMORANDUM OF DECISION
DOHERTY, JUDGE.
The appellant, Dolores D’Amico, appeals from a decision of the Board of January 13, 1998, wherein it denied or disapproved the appellant’s application for a subdivision plan and denied or rejected the approval of said plan by the Waterbury City Plan Commission.
The appellant is the owner of certain real property located at 175 Pine Street in the city of Waterbury.
In the First Count of her appeal, she has alleged that she filed an application for subdivision approval with the City of Waterbury which was approved on December 8, 1997.
She further alleges that said approval was subsequently presented to the Board and that on January 13, 1998, the Board “denied or disapproved the application . . . and/or denied or rejected the approval of the aforementioned subdivision plan by the City Plan Commission.”
She has appealed that action and claims that the Board acted “illegally, arbitrarily and in abuse of its discretion.” She further claims that the denial of her application was “contrary of its authority and responsibility to approve the application if such approval was necessary.” She claims she has suffered a hardship by the actions of the Board.
In a Second Count, the appellant makes the identical allegations as set forth in the First Count. She alleges that the Board acted illegally, arbitrarily and in abuse of its discretion in that it “denied the application which would thereupon defeat the purpose of the applicant in subdividing the land which is ultimately the sale of each lot created as a result of the subdivision.”
The Board has denied the allegation that it acted without authority. CT Page 8453-b
Having considered the memoranda submitted by the parties, the relevant statutes, ordinances and regulations and having considered the legal arguments of the parties, the court makes the following findings and orders.
Based on the documents submitted by the appellant including the quitclaim deed to the appellant for the subject property, recorded in Volume 2781, Page 67, Waterbury Land Records and the subdivision map Document 3671, in Drawer 036, Page 012, Waterbury Town Clerk’s Office, the court finds that the appellant is the record owner of the subject property and a finding of aggrievement is made by the court.
The court further finds that the provisions of Section 8-26, Connecticut General Statutes, are applicable to the City of Waterbury, which exercises planning power pursuant to a special act of the State Legislature. Included among such provisions is the requirement that, “All plans for subdivisions . . . shall be submitted to the commission . . . [which] shall approve, modify and approve, or disapprove any subdivision . . . within the period of time permitted under section 8-26d.”
The court further finds that the Planning Commission, as authorized under Section 8-26, C.G.S., had the requisite authority to approve the subdivision application of the appellant as it did on or about December 8, 1997 and the Board of Aldermen of the City of Waterbury acted illegally and arbitrarily when it denied said application on or about January 13, 1998, as it was contrary to its authority and responsibility, as per Section 8-26, C.G.S. to so act.
For the foregoing reasons, the appeal from the action of the Board of Aldermen, City of Waterbury by the appellant, Dolores D’Amico, is hereby affirmed. It is further ordered that a certificate of approval be issued by the commission on demand, as per said statute.
By the Court,
Joseph W. Doherty, Judge CT Page 8453-c