Settlement talks have broken down between the Planning and Zoning Commission and a Shelton-based propane company that has filed a lawsuit against the commission over its denial of a proposed propane shop on Route 67.
“We’re going forward with our appeal,” said Dominick Thomas, attorney for the company, Phoenix Propane LLC, which wants to sell and deliver propane from a commercial site at 268 Oxford Road.
Thomas, interviewed outside the meeting hall, said he received an offer on Wednesday from an attorney for the town — but that he could not accept it.
The offer involved the residential property that is part of the lot, Thomas said.
Thomas would not elaborate, but said it “would not be legal” for the propane company to do what the attorney for the commission was proposing, and so the settlement talks fell through.
Thomas left the door open to further negotiations.
“If they want to come back and talk to me, it’s not an issue,” Thomas said.
He said the case could go to court hearings this summer.
The Planning and Zoning Commission had planned to discuss the appeal during its meeting at Town Hall, but instead postponed discussion.
The item will on commission agendas, but likely won’t be talked about during the meetings until a deal is worked out said Town Counsel Fran Teodosio, who is not involved in the negotiations.
What the Planning and Zoning Commission will do remains to be seen. William Johnson, chairman of the commission, said he could not speak about the case under advice from an attorney. Prior to the meeting, Johnson had said he wanted to discuss the matter in public, instead of executive session.
State Freedom of Information law allows certain matters — including pending lawsuits — to be discussed in executive session.
Phoenix’s proposal called for installing an 18,000-gallon propane tank on land and continuing to use a two-family house at the site. Phoenix also planned to construct a new commercial building at the site.
The application required a special exemption from the Planning and Zoning Commission.
On Dec. 2, 2010, the Planning and Zoning Commission unanimously denied the application. Phoenix Propane filed the lawsuit at Superior Court in Milford on Dec. 20.
The Denial
Commissioners said they denied the application because the sale and distribution of propane is incompatible with existing residential uses near the site. A home is located only 20 feet from the proposed propane distribution building.
The commission said the sale of propane would be detrimental to the welfare and property values in the neighborhood.
The commission also said the proposed use would increase traffic on a driveway shared by the home and propane company, and would create additional truck traffic on Route 67.
Finally, the board said the lot is too small for the operation of a propane business and a residence.
Phoenix Propane, in its suit, claims the commission “acted illegally, arbitrarily and in abuse” of the law.
The suit claims the commission did not have evidence to support its reasons for denial — including how a propane shop would be detrimental
to a commercial and industrial area.
The suit asks for the decision to be reversed, and a site plan approval and special exception to be granted to Phoenix Propane.
