Agenda - Planning Commission - 07/06/1999

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Page 8 June 10, 1999 Z.B. ; commission's hearing didn't qualify because the notice the commission pub- lished didn't include a scheduled time for the hearing. The commission claimed it wasn't bound by the statutory time limits with regard to Center Shops' site plan application because Center Shops had tied its application to the individual owners' application for the service station. The commission also claimed the individual owners' special permit application wasn't automatically approved when the commission didn't act on it within the specified time because state law didn't specifically state that special permit applications were deemed granted under such circumstances, as it did for site plan applications. The court agreed with Center Shops and the owners and ordered the com- mission to issue site plan approval for the convenience store and a special permit and site plan approval for the service station. According to the court, the owners were entitled to a special permit because the commission didn't hold a properly noticed hearing within the 65-day time limit. The commission appealed. DECISION: Affirmed. The commission had to approve the site plan for the convenience store and had to issue site plan approval and a special permit for the service station. Center Shops was entitled to site plan approval. Although Center Shops agreed to extend approval for its site plan application so its time line would coincide with the owners' site plan and special permit applications for the ser- vice station, it didn't expressly agree to an extension for a particular period -- so it didn't waive its right to have its request approved automatically. The individual o~vners were entitled to both special permit and site plan approval for the service station. The commission missed the deadline for hold- ing a hearing on the owners' special permit request. Although the commission did hold a hearing, its hearing and the subsequent denial of the application were void because the commission didn't publish proper notice of the hearing -- its notice was missing a scheduled time for the hearing. Although the statute didn't specific~lly provide that special permit requests were automatically ap- proved if the zoning authority didn't hold a public hearing or issue its final decision in time, the owners' special permit request was inseparable to their request for site plan approval ~ and the zoning commission failed to act on their site plan request in time. Center Shops of East Granby hzc. v. Planning and Zo~ting Commission of the Town of East Granb); Appellate Coztrt of Connecticut, No. AC 17875 (1999). see also: Leo Fedus & Sons Construction Co. v. Zoning Board of Appeals, 623 A.2d JO07 (1993). see also: SSM Associates Ltd. Partnership v. Plamffng & Zoning Commission, 559 A.2d 196 (1989).