Durkin Village Plainville, LLC v. Zoning Board of Appeals

I agree with the decision reached by the majority, but I write separately to clarify the hardship claimed by the defendant Jennifer Bartiss-Earley. I also believe that Osborne v. Zoning Board of Appeals, 41 Conn. App. 351, 675 A.2d 917 (1996), should not be relied on in the analysis of the claims in this appeal.

Some of the facts cited by the majority deserve amplification to place the hardship claimed by Bartiss-Earley in perspective. The photographs of the swimming pool in the record demonstrate that the swimming pool is an aboveground pool, not one built in the ground. In her application…