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Successful Affordable Housing and Inland Wetlands Appeals for 129 Townhouses

Toll Brothers, Inc.

Applied to the Bethel, Connecticut Planning and Zoning and Inland Wetlands Commissions for approvals to develop 129 townhouse units on 22 acres under the affordable housing statute. The applications were denied and Toll Brothers appealed. In two separate decisions, the court agreed with Toll Brothers that each reason for denial was invalid, sustained both appeals and ordered that the wetlands and zoning permits be granted. Toll Brothers, Inc. v. Bethel Planning and Zoning Commission, 2006 Conn. Super. LEXIS 3140 (Oct. 16, 2006); Toll Brothers, Inc. v. Bethel Inland Wetlands Commission, 2006 Conn. Super. LEXIS 200 (Jan. 18, 2006). On appeal by the Inland Wetlands Commission, the Appellate Court held that not necessarily every proposed alteration of a wetland justifies denial of an application. Toll Brothers, Inc. v. Inland Wetlands Commission of the Town of Bethel, 101 Conn. App. 597 (June 5, 2007).
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