Plaintiffs, the Corrozzella family, appealed the trial court’s ruling, which affirmed the determination of the defendant Zoning Board of Appeals of the Town of Wallingford (hereinafter “ZBA”). The Appellate Court of Connecticut reversed, finding the plaintiff’s play set was not prohibited by the Town Code.
The Corrozzella family lived in a condominium development that was built as in an “open space planned residential district.” The local regulations provide that in “Open Space Planned Residential Development[s],” recreational facilities may not be created for the use of specific residents, and can only be created as community facilities evidenced on the site plan and approved by the Town. Furthermore, the play set was in an area designated as open space on the site plan, and Town regulations require any use in this area to be approved by the Town.
The Town zoning enforcement officer determined that the play set constituted a recreational facility and thus was in violation of the code because it was both for private use and was not approved by the Town. The plaintiffs appealed to the ZBA before a public hearing, but where defeated. The trial court affirmed the officer’s interpretation and the ZBA’s denial.
The Appellate Court noted the case of Mountain Brook Ass’n v. Zoning Board of Appeals, which ruled that play sets similar to the one in this case are not prohibited under similar local regulations. Since the evidence in this case was not significantly different from the evidence in Mountain Brook, the Appellate Court found it controlling. Thus, the Appellate Court found the trial court erred and that the play set was not prohibited under the local regulations.
Corrozzella v. Zoning Bd. of App. of Wallingford, 137 Con. App. 826 (Sept. 4, 2012)
The opinion can be accessed here.
