State Codes and Statutes
Statutes > Connecticut > Title8 > Chap124 > Sec8-11Sec. 8-11. Disqualification of members of zoning authorities. No member of any zoning commission or board and no member of any zoning board of appeals or of any municipal agency exercising the powers of any zoning commission or board of appeals, whether existing under the general statutes or under any special act, shall appear for or represent any person, firm, corporation or other entity in any matter pending before the planning or zoning commission or board or said board of appeals or any agency exercising the powers of any such commission or board in the same municipality, whether or not he is a member of the board or commission hearing such matter. No member of any zoning commission or board and no member of any zoning board of appeals shall participate in the hearing or decision of the board or commission of which he is a member upon any matter in which he is directly or indirectly interested in a personal or financial sense. In the event of such disqualification, such fact shall be entered on the records of the commission or board and, unless otherwise provided by special act, any municipality may provide by ordinance that an elector may be chosen, in a manner specified in the ordinance, to act as a member of such commission or board in the hearing and determination of such matter, except that replacement shall first be made from alternate members pursuant to the provisions of sections 8-1b and 8-5a.
(1951, S. 382d; 1959, P.A. 146, S. 3; 1971, P.A. 763, S. 6; P.A. 74-192.)
History: 1959 act required that when member or alternate is disqualified, replacement must first be made from alternates; 1971 act deleted provision concerning replacement of disqualified member by elector and added reference to Sec. 8-1b; P.A. 74-192 restored provision concerning selection of elector as replacement if authorized by ordinance.
See Sec. 8-21 re disqualification of planning commission members.
Cited. 144 C. 493. Cited. 146 C. 531. Cited. 148 C. 603. Evidence of statement of member of board before planning and zoning commission on same matter admissible for development of disqualification. Id., 604. Cited. 150 C. 147. Where zoning commission voted to amend regulations to make proposed use a permitted use in zone, and one of commission members who voted had a financial interest in proposed change, held participation by interested member in action rendered attempted amendment invalid. Id., 495. Previous showing by commission member of open opposition to plaintiff, coupled with other acts of interest, sufficient to disqualify him. 151 C. 476. Failure of commissioner to disqualify himself renders commission's action invalid. Id. Zoning commission's upgrading of residential zone invalid where chairman of commission who was owner of eight per cent of the land in area upgraded refused to disqualify himself and participated in decision of commission. 155 C. 497. The decision as to whether a particular interest is sufficient to disqualify a member is a factual one depending on the circumstances of the particular case. 157 C. 285. That chairman of zoning commission was chairman of town mental health fund and son of a member of the zoning appeals board had received psychiatric treatment at defendant institution did not disqualify either from reviewing application of defendant educational institution for emotionally maladjusted children. 158 C. 158. Where two members of commission had, prior to becoming members, signed petitions opposing applicant's request for zoning change but applicant's lawyer refused to challenge their qualifications at hearings, saying he would raise question on appeal if his client had unfavorable decision, decision was confirmed. Id., 497. Member of zoning commission did not have such personal or financial interest, either directly or indirectly, as would disqualify him under this section. 159 C. 585, 592-595. Permissible for municipal official who, by virtue of his office is an ex-officio member of board, to appear before zoning commission on matter as long as he represents municipality and not applicant. 160 C. 295. Member of the Granby Conservation Commission not unqualified to serve as zoning and planning commissioner for personal or financial interests conflict. 161 C. 182. Cited. 165 C. 185. The intent of this section is that a disinterested member or alternate attend a hearing and participate in the decision. 166 C. 207. Where zoning authority's action is held to be illegal, arbitrary or abuse of discretion, reviewing court cannot substitute own judgment of what authority's action should be unless as matter of law only one conclusion could reasonably be reached by the authority. 178 C. 198. Cited. 196 C. 192. Cited. 199 C. 231. Cited. 209 C. 544.
Cited. 2 CA 551. Cited. 26 CA 943. Cited. 43 CA 512.
Where board member had no personal or financial interest in application before board and plaintiff's attorney made no formal request at the hearing that he disqualify himself, facts do not justify his disqualification under this section. 26 CS 254. Where one of petitioners for zone change was personal accountant and professional advisor of commission member, latter should have disqualified himself. Id., 502. Court must expect commissioner's testimony that actions claimed by plaintiff did not, in their cumulative effect, constitute direct or indirect undue influence on commission members. 28 CS 426. Statements and conduct of chairman of zoning commission at board's hearing, coupled with prior activities on his part, were such that he could be said to "represent" within meaning of this section opponents of plaintiff's application. M's appearance for board was violation of this section, and board's denial of variance sought by the plaintiff was thereby rendered illegal and invalid. 29 CS 32. Cited. 41 CS 196. Cited. 43 CS 373.
