2772 BPR, LLC v. Planning & Zoning Commission

Citations

• 207 Conn. App. 377

Syllabus

The plaintiff appealed to the trial court from the decision of the defendant planning and zoning commission denying its application to build a facility to be used for the bulk storage of propane on certain of its real property located in an industrial district. The zoning regulations included as a permitted use the bulk storage of propane in this industrial district. The plaintiff's site development plan application met the required site plan requirements and all applicable zoning regulations. The commission held a public hearing at which town residents testified about their concerns regarding the application, specifically about potential safety hazards in the event of an emergency, the location of the facility at the end of a dead-end street which would potentially limit the ability of emergency services to access the area, and potential diminishing property values as a result of the facility being located near their homes. The commission thereafter denied the plaintiff's application. On appeal, the trial court affirmed the commission's decision, concluding that the commission properly had considered off-site traffic concerns, the preparedness of municipal services in an emergency, and the potential impact of property values when reviewing the plaintiff's site plan development application. The plaintiff, on the granting of certification, appealed to this court. Held that the trial court erroneously concluded that the commission properly considered off-site factors when it denied the plaintiff's site development plan application, and such error likely affected the judg- ment: the commission erred in its decision to deny the plaintiff's applica- tion on the basis that it did not adhere to regulations regarding the plan of conservation and development and concerns regarding property values, as the commission had amended its zoning regulations to permit the bulk storage of propane as of right in the industrial district in which the property was located and established