Hendel's appeals PZC vote on proposed Mystic building
Mystic — Hendel’s Mystic LLC has appealed the rejection of its application to construct a four-story residential and retail building on a vacant lot near the Mystic train station, even though Stonington planning officials maintain they have not yet rejected the application.
The appeal was filed in New London Superior Court on Jan. 3 and served on the Stonington Planning and Zoning Commission Monday.
In the appeal, Hendel’s attorney Mark Branse states that after a Dec. 5, 2017, public hearing in which one resident opposed the $1.8 million plan, commission Chairman Dave Rathbun said the building was too tall and he would be voting against it even though Branse and other Hendel’s representatives had not completed their presentation. Applicants have a final opportunity to address comments and questions made during the hearing.
The commission made a motion to approve the application but then opposed the motion by a 3-1 vote. Branse said the commission gave no reason for its action, which he considers a denial.
The one-acre lot is adjacent to the Hendel’s-owned Henny Penny at 3 Roosevelt Ave., across the street from the train station.
Stonington Director of Planning Jason Vincent has 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 at its next meeting. That meeting was slated for last week but was postponed because it had not been properly advertised.
The reasons for the board’s action are important in an appeal. Vincent has said he had reviewed the procedure with the town attorney.
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. That allowed him to file an appeal.
In the appeal, Branse wrote that the application met the requirements of the town’s zoning regulations and its failure to approve the application was not supported by substantial evidence in the record. He also charged that the commission had predetermined its decision and engaged in unlawful communication outside of the public hearing and meeting process.
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