Zieky v. Bloomfield Town Plan & Zoning Commission

The plaintiff owns a tract of land containing about eight acres bordering on Blue Hills Avenue in Bloomfield. The property is in what is designated by the Bloomfield zoning regulations as an R-15 zone. The permitted uses in such a zone include single-family dwellings, agricultural uses, golf courses and country clubs not operated for profit, churches, schools, colleges, libraries, professional offices or studios located in the user's dwelling, the limited furnishing of rooms or board, home occupations employing not over two non-resident employees, hospitals, nursing homes and charitable and philanthropic institutions other than correctional institutions and asylums for the insane. Bloomfield Zoning Regs. art. 2, 1-5 (Rev. 1962). The zoning and planning commission is empowered to authorize the construction of garden apartments, as a special exception, in an R-15 zone, after a public hearing and subject to specific requirements. General Statutes 8-2; Bloomfield Zoning Regs. art. 4, 10 (Rev. 1962). At the hearing before the defendant, the plaintiff offered evidence that he proposed to erect eight two-story buildings of colonial design which would occupy about 7 percent of the land area and would