Peter C. Herbst

Of Counsel

With a legal career spanning over half a century, Peter C. Herbst has not only achieved remarkable professional success but has also remained a steadfast resident of Litchfield County throughout his life. Raised on the picturesque Deer Island Bantam Lake in Morris, Peter’s roots in this community run deep. His educational journey took him through the Rumsey Hall School in Washington, CT, and Wamogo Regional High School in Litchfield, setting the stage for his long and distinguished career in the legal field.

Email: pherbst@welcomelawfirm.com | Phone: (860) 489-9495

Accolades

Peter’s dedication and expertise have earned him recognition, including being named to the Super Lawyers New England list in the Area of Land Use & Zoning, showcasing his outstanding legal skills and contributions to the field.

Professional Affiliations:

Peter Herbst’s legal career has been marked by a commitment to excellence and a dedication to advancing the field of law. His professional affiliations include:

  • Connecticut Bar Association (CBA): Peter’s fifty years of involvement with CBA spans various roles,including serving on the Planning and Zoning Section Executive Committee, Real Property Section ExecutiveCommittee, and his past role as a Co-Chairman of the Solo and Small Firm Practice Committee.
  • CBA Continuing Legal Education Program: Peter’s passion for law extends to educating others. He has been a faculty member of the CBA Continuing Legal Education Program, where he shared his expertise in Residential Real Estate Transactions annually from 1991 to 2005.
  • Speaker and Educator: He has been a speaker at the Connecticut Land Use Law program for Municipal Land Use Agencies, Boards, and Commissions at Wesleyan University. He also spoke on law office management topics at Annual CBA Meetings. His contributions to the legal community are significant.

Civic Involvement:

Beyond his legal career, Peter has demonstrated his dedication to community development and preservation:

  • Torrington Development Corporation (TDC): As Co-President and Chairman of the Municipal Development Plan, Peter played a pivotal role in coordinating the redevelopment of Downtown Torrington, making it a thriving hub of activity.
  • Goshen Land Trust: Peter was a founding member in 1981 and continues to serve on the Board of Directors, actively contributing to the conservation of natural beauty in Litchfield County.
  • The First Congregational Church of Litchfield: Peter served as a Member of the Board of Trustees and as Chairman of the 2003 Two Million Dollar
    Capital Campaign.
  • Borough of Litchfield: As a former Burgess, Peter played a role in shaping the direction of the Borough.
  • Town of Goshen: Peter’s service on the Board of Finance in the 1970’s reflects his commitment to responsible financial stewardship and community growth.
  • Northwest Community Bank: As a Corporator since 1989, Peter Herbst has actively participated in the growth and success of this vital financial institution.

Attorney Peter C. Herbst’s
Representative Land Use Cases

Connecticut Supreme Court:

  • Beit Havurah vs. Zoning Board of Appeals of the Town of Norfolk, 177 Conn. 440, 1979. In representing a synagogue, Attorney Peter C. Herbst obtained a favorable decision which allowed unrestricted overnight accommodations as a permitted accessory use in the synagogue’s zone.

Connecticut Appellate Court:

  • Crisman vs. Zoning Board of Appeals of the Town of Morris, 137 Conn. App. 61, 2012. The town’s Zoning Enforcement Officer after advising his client that his proposed enlargement of an accessory conformed to the zoning regulations issued a zoning permit. After Attorney Peter C. Herbst’s client had expended over $100,000 in building costs in reliance upon the permit, the Planning and Zoning Commission directed the Zoning Enforcement Officer to stop construction by issuance of a cease and desist order. Attorney Peter C. Herbst appealed to the Superior Court which overturned the Planning and Zoning Commission’s decision. Subsequently, the Town appealed to the Connecticut Appellate Court. Attorney Peter C. Herbst successfully upheld the Superior Court decision which held that the doctrine of municipal estoppel prohibited the Town from issuing a cease and desist order or interfering with the construction of his client’s accessory building.
  • Gevers v. Planning and Zoning Commission of the Town of North Canaan, 94 Conn. App. 478, 2006. Attorney Peter C. Herbst defended the claims of neighbors who challenged his client’s special permit issued by the Norfolk Planning & Zoning Commission to construct an 18 hole private golf course. The court upheld Attorney Peter C. Herbst’s permit dismissing the claims raised by the neighbors.
  • Fox v. Zoning Board of Appeals of the Town of Barkhamsted, 84 Conn. App. 628, 2004. Attorney Peter C. Herbst represented the owner of a pre-existing non-conforming lumber business in upholding a Superior Court decision enabling him to construct a new building in replacement of a barn destroyed by fire.
  • Connecticut Resources Recovery Authority v Planning and Zoning Commission of the Town of Torrington, 46 Conn. App. 566, cert denied 243 Conn. 935, 1997. Attorney Peter C. Herbst successfully overturned a Superior Court decision which vacated the special exception he obtained for his client to operate a solid waste transfer station and leaf composting facility from the Torrington Planning and Zoning Commission.

Connecticut Superior Court:

  • Litchfield Housing Trust, Inc. vs. Inland Wetlands Commission of the Town of Litchfield, Litchfield Judicial District, 2017. Representing the Litchfield Housing Trust Attorney Peter C. Herbst successfully defended the settlement reached with the Inland Wetlands Commission and obtained the Court’s approval of a Stipulated Judgment over opposition by several intervenors.
  • Rosemary Reidy vs. The Zoning Board of Appeals for the Town of Salisbury, Litchfield Judicial District, 2017 – Representing the Zoning Board of Appeals Attorney Peter C. Herbst successfully defended its decision that the Zoning Enforcement Officer did not commit error in issuing a zoning permit in connection with a site plan approval by the Planning and Zoning Commission.
  • Saphir v. Zoning Board of Appeals of the Town of Sherman, Danbury Judicial District, 2012. Representing the Zoning Board of Appeals Attorney Peter C. Herbst successfully defended its decision that the Zoning Enforcement Officer did not commit error in issuing a zoning permit for a lot on the basis that the lot was part of an old subdivision.
  • Malley v. Zoning Board of Appeals of Town of Litchfield, Litchfield Judicial District, 2010. Attorney Peter C. Herbst successfully overturned a decision of the Zoning Board of Appeals awarding variances to his client’s neighbor.
  • N&L Associates v. Planning and Zoning Commission of Torrington, Litchfield Judicial District 2005. Attorney Peter C. Herbst successfully defended challenges by the neighboring property owner to a special exception he obtained for his client’s earth excavation operation.
  • Gevers v. Norfolk Planning and Zoning Commission, Litchfield Judicial District, 2005. Attorney Peter C. Herbst defended the challenge from neighboring property owners who attacked a special permit for 18 hole private golf course that Attorney Peter C. Herbst obtained for his client with the result that the Court upheld the permit.
  • Gevers v. Inland Wetlands and Watercourses Agency of the Town of Norfolk, Litchfield Judicial District 2004. Attorney Peter C. Herbst defended the claim against a wetlands permit for 18 hole private golf course that he obtained for his client with the result that the Court upheld the permit.
  • Gevers v. Planning and Zoning Commission of North Canaan, Litchfield Judicial District, 2004. The Companion case for a previously mentioned 18 hole private golf course spanning two towns in which Attorney Peter C. Herbst successfully obtained a special permit and then secured a Superior Court decision upholding his client’s special permit.
  • RBF Associates v. Torrington Planning and Zoning Commission, 18 Conn. L. Rptr. 591, 1997 WL 30213 (1997). Attorney Peter C. Herbst successfully challenged the planning commission’s determination that a subdivision was void for its failure to meet a condition of approval.
  • English v. Litchfield Planning and Zoning Commission, Litchfield Judicial District, 1986. Attorney Peter C. Herbst overturned a local commission’s decision to deny his client’s bed and breakfast facility and successfully persuaded the Superior Court that said facility was a permissible home occupation.