A Shelton-based propane company has filed a lawsuit against the Oxford Planning and Zoning Commission over its denial of a proposed propane shop on Route 67.
The company, Phoenix Propane LLC, wants to sell and deliver propane from the site, about 1.15 acres of commercial land at 268 Oxford Road.
The Planning and Zoning Commission will discuss the lawsuit during its meeting at 7:30 p.m. Chairman William Johnson said he hopes to hold the discussion during open session, instead of executive session where pending lawsuits are typically discussed.
“The public has a right to hear discussion that could or could not lead to a settlement,” Johnson said.
The plan 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.
The Lawsuit
But Phoenix Propane wants to know: How could a propane facility cause harm to a neighborhood with an empty commercial strip mall, a quarry, and a manufacturing warehouse?
That’s one of several points made in the lawsuit.
Phoenix is represented by Dominick Thomas, who did not return calls for comment this week.
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.
