LLC v. Town of North Stonington Planning & Zoning Commission (2010)

MEMORANDUM OF DECISION

Pursuant to General Statutes § 8-8, the plaintiffs, Amos Lake Development, LLC (Amos Lake) and Weduco Farms, Inc. (Weduco Farms), appeal from the decision of the defendant, the Town of North Stonington Planning & Zoning Commission, denying Amos Lake's application for a special permit.   Based on a review of the record, the court finds that the special permit was sought in connection with a corresponding subdivision application, the denial of which is the subject of a related appeal, docket number CV 07 4006873S.   Amos Lake sought to subdivide an approximately 115-acre parcel (property) that it was under contract to purchase from Weduco Farms.   Amos Lake filed the special permit application for the primary purpose of bringing the subdivision application into compliance with applicable zoning regulations relating to lot dimension limitations.   See North Stonington zoning regulations, effective January 7, 1985, and amended through December 9, 2005, § 500 et seq. (zoning regulations).

Both the present appeal and the appeal of the denial of the subdivision application were heard together, although they were not consolidated.   The court has ordered the dismissal of the related appeal because it found that the defendant properly denied the subdivision application for failure to comply with § 6.6.2(10) of the North Stonington subdivision regulations, effective October 15, 1984, and amended through December 9, 2005 (subdivision regulations).   See Amos Lake Development, LLC v. Planning & Zoning Commission, Superior Court, judicial district of New London, Docket No. CV 07 4006873 (September 15, 2010, Purtill, J.T.R.).   Amos Lake had attempted to fulfill the open space requirement of § 6.6.1 of the subdivision regulations by granting a portion of the property to Avalonia Land Conservancy, Inc. (Avalonia), a private conservation organization.   Id. In violation of subsection (10) of § 6.6.2, however, Amos Lake failed to include in the proposed deed a clause providing that the granted land would revert to the Town of North Stonington if Avalonia should cease to exist or attempt to transfer the land.   Id.

This violation would not have been remedied by the relief sought in the special permit application-the modification of certain lot dimension requirements.   See zoning regulations, §§ 509, 510.   This appeal has therefore been rendered moot because no practical relief could be granted to the plaintiffs even if the defendant were required to grant the special permit application.   See Arrigoni Enterprises, LLC v. Planning & Zoning Commission, Superior Court, judicial district of Middlesex, Docket No. CV 08 4009306 (February 23, 2010, Rubinow, J.).

Accordingly, the appeal is dismissed.

It is so ordered.

Joseph J. Purtill

Judge Trial Referee

Purtill, Joseph J., J.T.R.