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Commission denies 56‑unit 8‑30g proposal at 390 Shelton Ave without prejudice
Summary
The commission denied without prejudice an 8‑30g application proposing 56 attached units at 390 Shelton Ave, citing traffic, density and infrastructure concerns and the existence of a previously approved 16‑unit plan under appeal; vote 6–0.
The Shelton Planning & Zoning Commission voted 6–0 on Aug. 13 to deny without prejudice application 24‑34, a Connecticut General Statute 8‑30g proposal that would have allowed construction of 56 attached residential units at 390 Shelton Avenue.
Commissioner Appel argued the previously approved plan for 16 single‑family homes — which is currently being appealed — represented a safer, less dense alternative and cited traffic‑safety and infrastructure concerns raised during prior hearings. "We are all familiar with this type of request," Appel said, referencing past discussion and a traffic study presented previously. He urged denial without prejudice so the commission would not be required to build a larger administrative record that could be vulnerable on appeal.
Attorney Jason McCoy, representing the commission, advised that a denial should include adequate reasons on the record because the applicant could challenge the decision. Commissioners debated the potential for appeal under 8‑30g and noted applicants frequently keep an approved project as a backup while pursuing alternative proposals. After deliberation the commission moved and seconded to deny the 56‑unit application without prejudice; the motion passed 6–0.
Effect: Denying without prejudice allows the applicant to come back for further applications; it also preserves the commission’s record and avoids the larger evidentiary burden of a full, explicit denial if the board prefers not to take that route at this time.
