Agenda - Planning Commission - 07/06/1999

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Z.B. June 10, 1999--Page 7 the injuries he was claiming were to the general public and not unique to the trust's property. Bell v. Zoning Board of At~jgeals of Gloucester, Supreme Judicial Court of Massachusetts, No. SJC-07897 (1999). see also: Harvard Square Defense Fund Inc. v. Planning Board of Cambridge, 540 N.E. 2d 182 (1989). see also: Barvenik v. Aldermen of Newton, 597 N.E.2d 48 (1992). Site Plan Approval -- Owners claim town waited too long to act on their applications CONNECTICUT (4/20/99) -- Center Shops of East Granby Inc. wanted to build a convenience store on its property in East Granby. Three individual owners wanted to build a gas station on an adjoining lot. In September 1996, Center Shops applied for site plan approval foi' the convenience store; the individual owners applied for site plan approval.and a special permit for the service station. Center Shops agreed to a 65-day exten- sion for the zoning commission to act on its site plan application for the conve- nience store "to coincide with the time line for the special permit application" for the service station. State law required zoning authorities to either approve or deny site plan applications within 65 days of filing unless the applicant agreed to an exten- sion. Zoning authorities also had to hold a hearing on special permit requests within 65 days of filing and had an additional 65 days after the hearing to issue a decision. The commission scheduled a February 1997 public hearing on the special permit and site plan application for the gas station, but it didn't publish notice of the hearing until a few days before the scheduled date-- in violation of state law. At the hearing, the commission rescheduled the public hearing until the end of the month to give it time to republish proper notice of the hearing. The notices for the next hearing, however, didn't provide a time for the hearing, as required by state law. The individual owners refused to participate in the hear- ing and refused to agree to any more extensions. The commission denied the applications for both the service station and the convenience store at its next meeting. Center Shops and the individual owners sued the town, seeking a court order requiring the zoning commission to issue site plan approval for the con- venience store and a special permit and site plan approval for the service sta- tion. According to Center Shops, its application for site plan approval was automatically granted when the commission didn't approve or deny the re- quest within 65 days after it was filed. The individual owners claimed its spe- cial permit application was automatically granted when the commission didn't hold a public hearing within 65 days. The individual owners claimed the