Pellitteri Chevrolet, Inc. v. Zoning Board of Appeals
Pellitteri Chevrolet, Inc. v. Zoning Board of Appeals
Opinion of the Court
The dispositive issue in this appeal is whether General Statutes § 14-55, which requires a zoning board of appeals to render its decision on an automobile dealership location application within sixty-five
The plaintiffs
On January 29, 1987, the defendant held a subsequent hearing on the application, over the objection of the plaintiffs, at which time the redevelopment agency requested a continuance to provide additional information. By letter dated March 13, 1987, the plaintiffs asked for a decision. The defendant held another hearing on June 11, 1987, again over the plaintiffs’ objection. Upon the conclusion of the hearing, the defendant asked both sides to file briefs, which were filed by June 24. On September 3, 1987, the defendant, in executive session, denied the plaintiffs’ application.
Eight months elapsed between the date of the initial hearing and the date of the defendant’s decision. The plaintiffs neither requested nor consented to an extension of time.
The locations and operations of new and used car dealerships are governed by General Statutes §§ 14-51 through 14-65j. Pursuant to § 14-54, the locations of motor vehicle dealerships must be approved by a local authority, namely, the zoning board of appeals.
The words of the statute clearly indicate that the stated time period is mandatory. Our Supreme Court in Vartuli v. Sotire, 192 Conn. 353, 363, 472 A.2d 336 (1984), has interpreted language setting forth an identical time period scheme for zoning board decisions on
“Once it is agreed that the subsection is not merely directory, it makes no sense to read the statute merely to require further board action. The consequence of a statute that imposes a mandatory sixty-five day time constraint is that, when the time has expired, approval of the application is automatic. The applicant whom the statute intends to protect is otherwise left with no more than a Pyrrhic victory.” Vartuli v. Sotire, supra, 365.
Both the statute in Vartuli and § 14-55 allow an applicant to consent to a limited extension of time. Because § 14-55 provides that only the applicant can agree to extend any time limit, the time limit is mandatory and, as in Vartuli, once the time limit has expired, approval of the application is automatic. In this case more than sixty-five days elapsed between the initial hearing on January 8,1987, and the board’s decision on Septem
There is no error.
In this opinion the other judges concurred.
The plaintiffs are Thomas Pellitteri, the owner of the property in question, and Pellitteri Chevrolet, Inc., the lessee.
In localities that do not have their own zoning boards of appeals, the town selectmen or town manager may approve the location.
General Statutes § 14-55 provides in pertinent part: “In any town, city or borough the local authorities referred to in section 14-54 shall, upon receipt of an application for a certificate of approval referred to in said section, assign the same for hearing within sixty-five days of the receipt of such application. Notice of the time and place of such hearing shall be published in a newspaper having a general circulation in such town, city or borough at least twice, at intervals of not less than two days, the first not more than fifteen, nor less than ten days, and the last not less than two days before the date of such hearing and sent by certified mail to the applicant not less than fifteen days before the date of such hearing. All decisions on such certificate of approval shall be rendered within sixty-five days of such hearing. The applicant may consent to one or more extensions of any period specified in this section, provided the total extension of any such period shall not be for longer than the original period as specified in this section.”
Reference
- Full Case Name
- Pellitteri Chevrolet, Inc. v. Zoning Board of Appeals of the City of Norwalk
- Cited By
- 7 cases
- Status
- Published