Senator William H. Nickerson (R-Greenwich) announced that at about 1:30AM today the Senate adopted a bill he co-authored and co-sponsored which restores important local zoning enforcement powers - SB 448, An Act Requiring Subdivisions to Comply with Subsequently Enacted Zoning Regulations.

The bill overturns a Connecticut Appellate Court decision in Poirier v. Town of Wilton (75 Conn. App. 289 - 2003) holding that a house on a subdivision lot is not subject to any zoning regulation changes enacted since the original subdivision lot was approved. This has led to a flood of applications throughout Fairfield County filed by owners seeking to demolish or alter their homes in contravention of current zoning. For example, Greenwich received over 200 inquiries and 75 formal applications.

Nickerson said, "I am delighted the Senate moved to overturn the ill-considered Poirier decision which if allowed to stand would have significantly undermined local zoning. For example, a home situated on a subdivision lot established 50 years ago could have been demolished or significantly remodeled without regard to any of the zoning regulations enacted in the last 50 years. My bill makes clear that a subdivision lot is not subject to changes in local zoning changes only so as long as it remains vacant, but once construction of a home is commenced the lot is subject to all future zoning regulations. The bill also establishes that zoning requirements may not be circumvented by demolishing the building."

"Uniformity of zoning regulations is both good public policy and fair to all homeowners. The integrity of our zoning laws must not be fragmented. The bill is the result of many months of dialogue which I had with local zoning officials, the Connecticut Homebuilders Association, the Connecticut Bankers Association and the Connecticut Bar Association and I appreciate all their input and support.".

"I will be working with House members to promote passage there before adjournment on May 5th."