Opinion
No. TTD CV 08 4008605 S
December 23, 2008
The appellants, Scott and Dorothy Tedeschi, move to have this administrative appeal from the adverse decision of the Vernon Zoning Board of Appeals, (ZBA) remanded to the ZBA because of the complete failure to make a stenographic or sound recording of the hearing before the ZBA as mandated by General Statutes § 8-7a. The ZBA and codefendants William M. DiFrancesco and Suds and Scissors, LLC oppose remand and assert that the court is restricted under General Statutes § 8-8(k) to taking evidence to reconstruct the hearing before the ZBA or referring the matter to a referee or committee for that purpose.
The parties agree that no recording of the ZBA hearing occurred because of an equipment failure. Undoubtedly, reconstruction of that administrative hearing by the taking of evidence in court will be cumbersome and difficult. London v. ZBA, 150 Conn. 411, 416-17 (1963). However, that is precisely what § 8-8(k) demands. Chucta v. PZC, 154 Conn. 393, 396-97 (1967); Nick v. PZC, 6 Conn.App. 110, 111 fn 4 (1986). Trial courts have consistently held such a hearing is required by § 8-8(k), see Elderkin v. Middlebury PZC, Superior Court, Waterbury J.D., d.n. 081120 (April 24, 1991, Harrigan, J.); Reinholtz v. PZC, Superior Court, New London J.D., d.n. 4000049 (March 29, 2005, Leuba, J.T.R.); and Voll v. Monroe Historic District Commission, Superior Court, Fairfield J.D., d.n. CV05-4013211 (April 10, 2008, Arnold, J.).
The court, therefore, denies the motion for remand and rules that the parties may submit evidence at the administrative appeal hearing in order to complete the record of the proceedings before the ZBA.