![]() “It is a shame there can be an affirmative vote and have it not count on something like this. Mayor Ben Florsheim supports the Root Center proposal. There were three public comment sessions on the Washington Street application this fall. The nonprofit organization, which had a grand opening for another location at 520 Saybrook Road in September, has as its mission, “compassionate, comprehensive care for sustained recovery.” 29 complaint brought by the Manchester-based Root Center. Mayor Ben Florsheim and Common Council members are the defendants in the Oct. The board could consider a second application, different from the one previously submitted, Forte wrote however, “here, none of those conditions have been met.” “Zoning boards are generally not allowed to reverse themselves unless there has been a change of conditions that has occurred since the prior decision of the board, or when other considerations materially affecting the merits of the subject matter have intervened and no vested rights have arisen,” Forte wrote. “It is the opinion of this office and the charter and CGS 8-3(b) do not conflict, and even if they did, it would be the charter that controls,” Forte said in an Oct. Middletown Assistant General Counsel Christopher Forte has advised that a second vote is unwarranted. Attorneys also are asking the court to declare the 4-3 vote to be an approval, to direct the commission to approve the special exception application, as well as award costs, and other “just and proper” relief. In its suit, the Root Center asked the zoning commission to vote again on the application at its Oct. ![]() In it, the lawyer said, the 4-3 vote was, in fact, an approval, “because the charter and bylaw provisions mandating five affirmative votes are contrary to state law (specifically) General Statutes 8-3(b).” In a 19-page complaint, attorney Timothy Hollister of Shipman & Goodwin in Hartford outlined his argument, which is based his assertion that it is an “erroneous assumption” that five affirmative votes are required for any commission action. Members also rejected 7-0 a request for a special exception for a change of use for the site from an automobile repair garage. The zoning board rejected the Root Center application for a zoning variance for the site on Oct. But any city of Middletown zoning board action vote requires a super majority to pass, according to the charter.
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