131 Beach Road, LLC v. Town Plan & Zoning Commission

Summary

The court held that the commission failed to justify limiting the proposed affordable housing building to three stories and forty feet because the asserted visual impact on a neighboring historic district did not establish a substantial public interest that clearly outweighed Fairfield’s need for affordable housing. The court also held that the affordable housing statute applied to the requested zoning-text amendment insofar as it governed the plaintiff’s property, but not insofar as it would amend regulations throughout the entire zoning district. The case was remanded for the commission to grant a property-specific text amendment, while the judgments were affirmed in all other respects.