SSM Associates Ltd. Partnership v. Plan & Zoning Commission

559 A.2d 196, 211 Conn. 331, 1989 Conn. LEXIS 149
CourtSupreme Court of Connecticut
DecidedMay 30, 1989
Docket13518
StatusPublished
Cited by41 cases

This text of 559 A.2d 196 (SSM Associates Ltd. Partnership v. Plan & Zoning Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
SSM Associates Ltd. Partnership v. Plan & Zoning Commission, 559 A.2d 196, 211 Conn. 331, 1989 Conn. LEXIS 149 (Colo. 1989).

Opinion

Peters, C. J.

The dispositive issue in this appeal is the applicability of General Statutes §§ 8-3 (g)1 and 8-7d (b),2 providing for automatic approval of site plan applications, to the submission of a site plan that is inseparable from an application for a special permit. The plaintiffs, SSM Associates Limited Partnership and Herbert H. Moorin, trustee, brought an action in mandamus to compel the defendants, the plan and zoning commission of the town of Fairfield (commission), its zoning enforcement officer and its planning and zoning director, to issue them a certificate of zoning compliance to enable them to construct an office building. The trial court adjudged that a writ of mandamus should issue, and the Appellate Court affirmed that judgment. SSM Associates Limited Partnership v. Plan & Zoning Commission, 15 Conn. App. 561, 545 A.2d 602 (1988). We granted the defendants’ petition for certification; SSM Associates Limited Partnership v. Plan & Zoning Commission, 209 Conn. 812, 550 A.2d 1084 (1988); and now affirm.

The following facts were stipulated. The plaintiff SSM Associates Limited Partnership entered into a [333]*333contract with the plaintiff Herbert H. Moorin to acquire some 4.25 acres of land located in a Designed Research District in Fairfield. On March 11, 1986, the plaintiffs filed with the defendant commission a complete application for the approval of the construction of an office building on this property, a permitted use in the Designed Research District. The site plan submitted in this application was inseparable from the special permit which, under the applicable Fairfield regulations, the plaintiffs had to secure from the commission in order to go forward with the proposed use of the property. SSM Associates Limited Partnership v. Plan & Zoning Commission, supra, 15 Conn. App. 562-63.

The first regular meeting of the commission following receipt of the plaintiffs’ application was held on March 25, 1986. The commission did not act on the application within sixty-five days of March 25, 1986, other than to schedule a public hearing on the plaintiffs’ application for June 10, 1986. The Fairfield zoning regulations do not require such a public hearing. On June 17, 1986, the commission purported to deny the plaintiffs’ application. The plaintiffs never consented to an extension of the relevant statutory time limitations contained in § 8-7d. Id., 563.

On June 19, 1986, the plaintiffs requested a certificate of zoning compliance because of the commission’s failure to act within sixty-five days of March 25,1986. Failing to receive a response from the defendants, they brought an action for mandamus to compel the issuance of such a certificate. Id., 563-64. The defendants’ answer to this complaint, filed after the parties’ stipulation of facts, admitted the allegations stated in paragraph four of the plaintiffs’ complaint, to wit that, on March 11, 1986, the plaintiffs had filed with the commission “an application for approval of a site plan permitting the construction of an office building on the [334]*334subject property pursuant to §§ 25 and 24 of the Fair-field Zoning Regulations.”

The trial court rendered judgment for the plaintiffs. Examining the parties’ stipulation and pleadings, and the Fairfield zoning regulations, the court found that the plaintiffs’ site plan was inseparable from and part and parcel of their special permit application. In light of Carr v. Woolwich, 7 Conn. App. 684, 510 A.2d 1358, cert. denied, 201 Conn. 804, 513 A.2d 698 (1986), the court then held that the commission’s failure to act on the plaintiffs’ site plan, when no public hearing was required, triggered the automatic approval provisions of §§ 8-3 (g) and 8-7d (b) and entitled the plaintiffs to a writ of mandamus.

The Appellate Court affirmed. In Carr v. Woolwich, supra, the court had noted a statutory inconsistency in the use of the term “site plan” between the first and third sentences of General Statutes (Rev. to 1985) § 8-3 (g). “The first sentence connotes that the site plan is but a part of the application approval process, namely, as an aid in determining whether a proposed use conforms to the regulations. The third sentence contemplates automatic approval of a site plan by the passage of time, as if approval of the site plan carries with it approval of the entire application with respect to which, under the first sentence, the site plan is simply an aid to determine the conformity of the proposed use with the regulations.” Id., 699-700. In the present case, the Appellate Court resolved this conundrum by defining the term “site plan,” as used in § 8-3 (g), to include the entire package of documents submitted to a zoning commission to aid in its determination of the conformity of the proposed building to the applicable zoning regulations. SSM Associates Limited Partnership v. Plan & Zoning Commission, supra, 15 Conn. App. 566. Applying this test to the stipulated facts, the Appellate Court concluded that the plaintiffs’ applica[335]*335tion for a special permit, which purported to include all the information required by the Fairfield zoning regulations for a decision on the application, was approved by the lapse of time. Id., 568.

We granted the defendants’ petition for certification on two issues: “(1) Did the Appellate Court err in concluding that automatic approval of a site plan by lapse of sixty-five days after its submission pursuant to General Statutes §8-7d(b) also resulted in automatic approval of the special permit zoning application, which had included the site plan as a supporting document pursuant to the zoning regulations?” and “(2) When a site plan is submitted with an application for a special zoning permit, does the sixty-five day time limit of General Statutes § 8-7d (b) for a decision thereon supersede the time limits set forth in General Statutes § 8-7d (a) for a decision on the application?” On the present record, we find no error with respect to the first issue, and need not determine the second issue. We therefore affirm the judgment of the Appellate Court.

This court last discussed the relationship between §§ 8-3 (g) and 8-7d (b) in Vartuli v. Sotire, 192 Conn. 353, 472 A.2d 336 (1984). Under § 8-3 (g), “[approval of a site plan shall be presumed unless a decision to deny or modify it is rendered within the period specified in section 8-7d.” Under § 8-7d (b), “[wjhenever the approval of a site plan is the only requirement . . . remaining to be met . . . for a proposed building, use or structure, a decision on an application for approval of such site plan shall be rendered within sixty-five days after receipt of such site plan.” We concluded that these sections imposed a mandatory time frame of sixty-five days on local site plan approvals. Id., 359-62; see also Carr v. Woolwich, supra, 694-95. The defendants maintain that these time constraints do not govern the present litigation because the plaintiffs were seeking [336]*336approval for a special permit and not for a site plan.

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Bluebook (online)
559 A.2d 196, 211 Conn. 331, 1989 Conn. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ssm-associates-ltd-partnership-v-plan-zoning-commission-conn-1989.