Stonington panel votes to not approve $1.8 million project, but is it a denial?
Mystic — If the Stonington Planning and Zoning Commission votes to not approve a project, is that the same thing as denying the application?
That is the question attorneys for the town and a developer are wrestling with after the commission voted 3-1, with one abstention, on Dec. 5 to not approve an application by Hendel’s Mystic and Hendel’s Washington St. LLC to construct a four-story residential and retail building on a vacant lot near the Mystic train station. The one-acre lot is adjacent to the Hendel's-owned Henny Penny at 3 Roosevelt Ave., across the street from the train station.
During a public hearing and the commission’s deliberations, members expressed concerns about access, the building’s impact on the neighborhood, the application’s lack of a three-dimensional model and the building's height, even though it conforms to zoning regulations.
During the hearing, one resident opposed the $1.8 million plan, three supported it and one asked general questions.
After the hearing was closed, board member Shaun Mastroianni made a motion to approve the permit, which was seconded by board member Gardner Young.
Mastroianni, Chairman Dave Rathbun and member Ben Philbrick voted to oppose the application, while Young voted to approve it. Board member Curtis Lynch abstained from voting.
Stonington Director of Planning Jason Vincent said that he does not consider a vote to not approve an application a denial. He maintains the commission has not made a decision and said he will prepare a motion for denial with reasons for the denial for the commission to vote on next month. The reasons for the board’s action are important if an applicant appeals the denial in Superior Court.
Vincent said he had reviewed his procedure with the town attorney.
“We don’t rely on the failure of a motion to succeed to be a motion for denial,” Vincent said.
Hendel’s attorney Mark Branse sees it differently. Because the commission did not publish a notice of denial, which gives unsuccessful applicants an opportunity to file a court appeal, Branse had one published in The Day on Dec. 21. This will allow him to file an appeal.
Branse said Hendel’s plans to appeal the commission’s decision. He also said that Hendel’s was willing to consider changes that would allay the commission’s concerns.
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