The owner of a truck driver training school is threatening to ask a state judge to hold the town’s planning and zoning commission in contempt if he is unable to proceed with building the school on Pearl Street.
Dominick Thomas, the attorney for the Allstate Commercial Truck Driving School and owners Vincent and Christopher Mairano, told the commission at its June 11 meeting that his client is running low on patience and wants the commission to follow a state Appellate Court’s ruling and approve the truck school.
“We will take whatever action we have to,” Thomas said.
Thomas said Allstate, based in Shelton, wants to talk with the town about conditions in order to get started, but would be forced to ask for a contempt ruling if the project is held up any longer.
Despite Thomas’ demands, the commission tabled the matter until its July meeting so it can speak with commission attorney Tim Lee.
In a June 11 memo to the commission, Lee said the commission was not ordered to approve the application and it can review Allstate’s application and evidence presented at a previous public hearing before deciding whether to approve or deny it.
Thomas disputed Lee’s memo, saying his advice to the commission was “dead wrong.”
Planning and Zoning Chairman Clifford Strumello said the town must listen to the advice of its own counsel.
“Our attorney has given us direction. Unfortunately, you are not our attorney,” Strumello said.
Last November, a state Superior Court judge denied a commission request to reopen a March 2008 ruling ordering the town to grant Allstate, acting as Allcomm LLC, a special-use permit for the trucking school.
The commission originally denied the company’s request in March 2007.
Allstate’s plan has stirred emotions in town. Several residents opposed the truck school, citing threats to public health, safety, convenience and property values.