Downes v. Madison Planning & Zoning Commission

A Connecticut Superior Court upheld the Madison Planning & Zoning Commission’s denial of a special exception permit and coastal site plan review application for a proposed seven-unit cluster development. The Commission denied the applications on remand from an appeal of a previous decision approving the development. In its earlier decision, the court directed the Commission to consider the effects of the proposed septic system on coastal resources on remand. One of the reasons for denial of the coastal zone site plan review application on remand was the Commission’s conclusion that the proposed development posed “unacceptable potential adverse effects on preservation of the coastal resources especially in the context of sea level rise and coastal flooding.” The court rejected the developer’s contention that the Commission exceeded the scope of remand and instead found that the Commission had properly followed the court’s remand. The court declined to consider the developer’s claim of political bias, finding that any such argument should have been brought in a separate appeal.