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VICTOR ANATRA ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF MADISON (AC 31499)
Gruendel, Lavine and Bear, Js. Argued September 17, 2010--officially released March 8, 2011

(Appeal from Superior Court, judicial district of New Haven, Blue, J.) Benson A. Snaider, with whom was Glenn E. Coe, for the appellants (plaintiffs). Michael A. Zizka, with whom, on the brief, was Loni S. Gardner, for the appellee (defendant).

Opinion

BEAR, J. The plaintiffs, Victor Anatra and Heather Anatra, appeal from the judgment of the trial court dismissing their appeal from the decision of the defendant, the zoning board of appeals (board) of the town of Madison (town). The board had upheld the decision of the town's zoning enforcement officer (zoning officer), denying the plaintiffs' application for a certificate of zoning compliance, which was necessary to secure a building permit to construct an uncovered deck on their property located at 71 Oak Avenue in Madison. On appeal, the plaintiffs claim that the court improperly dismissed their appeal after concluding that they were not entitled to the certificate of zoning compliance because they needed a variance modification to build the deck. We reverse the judgment of the trial court. The court found the following facts, which are uncontested and relevant to our discussion of the plaintiffs' appeal. ``On October 5, 2001, the [plaintiffs] applied for a variance to the [board] to replace the then-existing house on the footprint of that prior structure. The prior structure was a much aged cottage. The proposed structure was a modern, multistory home. The [plaintiffs'] application requested variances for front yard and side yard setbacks, additional maximum building coverage, and [c]ritical [c]oastal [r]esource setback. Detailed plans were submitted with the application. The application stipulated, immediately above the signature line, that `THE PLANS SUBMITTED WITH THE BUILDING APPLICATION MUST BE THE SAME AS THOSE SUBMITTED AND APPROVED WITH YOUR VARIANCE APPLICATION.' (Emphasis in original.) ``On January 4, 2002, the [board] considered the application. The [plaintiffs'] architect, Robert Mangino, presented a floor plan and a model of the proposed house to the [board]. The minutes of the meeting state that Mangino `referred to the model and said the house will not change from the model, although there may be a change in the windows.' Neither the application nor the model included a deck extending beyond the footprint of the house. The [board] approved the application. The [plaintiffs] subsequently built a new structure, conforming with the submitted plans and model, on the site. ``On July 27, 2006, [t]he [plaintiffs] filed an application for `variance modification' to `add [nine feet] to existing balcony in rear of house--[nine feet by twenty feet].' The existing balcony--which appears to be within the footprint of the existing structure--was stated to be `[three feet by twenty-two feet].' The proposed addition extended beyond that footprint. On September 5, 2006, the [board] denied the application. The [plaintiffs] did not appeal [that] decision. ``On December 19, 2007, the [plaintiffs] decided to try again. This time, instead of requesting another `variance

modification,' they submitted an application for a building permit to the [zoning officer]. A drawing attached to the application shows a `proposed deck' [thirty-two] feet long and [seven] feet wide for [twenty] feet of the total length, expanding to [ten] feet wide in the last [twelve] feet of length. A `privacy wall' was to be built at the narrow end of the deck. The `proposed deck' and `privacy wall' extend beyond the footprint of the existing structure. ``On January 3, 2008, the [zoning officer] denied the application. His denial states that, `[p]rior variances for this building were granted by the [board] based on specific plans and representations for the building. The variances are effective for that building only. Any modification to the building must be approved by the [board]. ``On January 11, 2008, the [plaintiffs] appealed the decision of the [zoning officer] to the [board]. The appeal describes the [plaintiffs'] application as one `for zoning approval for building permit to construct extension to existing balcony in the rear of home. Proposed extension is an uncovered deck in accordance with [Madison Zoning Regs.

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