Parker v.Zoning Commision

Syllabus

The plaintiffs, owners of real property located within 100 feet of that of the defendant W Co., appealed to the Superior Court from the decision of the defendant Zoning Commission of the Town of Washington granting W Co.'s application to modify a special permit for the construction of an inn. W Co.'s predecessor in title, W, had sought a special permit in 2008 to construct the inn. The commission denied the request in 2011, and W appealed to the Superior Court. While the appeal was pending, the commission granted W a special permit to operate a school on the property. The Superior Court thereafter upheld the commission's denial of the request for the special permit to construct the inn, and W appealed to this court. While W's appeal was pending before this court, the parties in that appeal entered into a settlement agreement in 2013 that permitted W to pursue construction of the inn, known as the main building, and associated appurtenances. The settlement agreement also contained sixteen conditions regarding the construction, and W agreed to surrender the special permit approval that it had obtained for a school. At a special meeting in January, 2013, the commission approved the settlement agree- ment and incorporated into it a 2012 revision of an architect's site plan for the inn, two architectural renderings and conditions that were contained in the special permit approval for the school. Thereafter, a motion for approval of the settlement agreement was filed with the Superior Court pursuant to statute (§ 8-8 (n)). The court approved the settlement agreement, thereby memorializing W's ability to construct the inn. W Co. then filed its application with the commission to modify the special permit that was approved in the commission's special meet- ing. The application was accompanied by, inter alia, a new site develop- ment plan for the inn that was revised to 2018. The commission con- ducted a hearing during which members of the public opined that the 2018 site dev