New London to settle lawsuit with homeless agency
Feb. 5—NEW LONDON — The Planning and Zoning Commission and a local homeless advocacy group have agreed to settle a lawsuit that alleged commission members acted in "bad faith" in rejecting a driveway permit application.
The commission voted 4-1 vote on Feb. 1 to accept a proposed stipulated judgment negotiated with the New London Homeless Hospitality Center that ends a dispute over how the organization's Housing Resource Center at 727 Bank St. can be used.
The agreement is being finalized for submission to New London Superior Court, city Law Director Jeffrey Londregan said on Monday.
For more than a year, the hospitality center tried unsuccessfully to obtain a city permit to access a rear parking lot on its Bank Street property. Entry to those 23 spaces was available via a nearby driveway for only a few months before an abutting property owner in late 2021 blocked that option.
The organization as a workaround bought an adjacent lot at 18 Belden Court and set to work designing a zoning-compliant driveway. But the group's site plans were twice rejected by the commission by 4-3 votes, most recently on Nov. 2, 2023.
The rejections stemmed from how zoning regulations define the group's work. Center Executive Director Cathy Zall said the commission deemed the organization's work as a "service" rather than office use, a distinction that determines how many parking spaces property owners must include on their grounds.
Because the Bank Street location until recently accepted walk-in clients, the commission deemed the center a service, like a barber shop or dry-cleaners, and required 35 parking spaces be made available ― something Zall said was impossible due to the property's size.
The center closed the Bank Street office to walk-in clients in November and shunted some housing resource services to its State Street location. Clients with immediate housing needs are being helped at the group's shelter location on Huntington Avenue.
Zall said those changes put the Bank Street site in compliance with city zoning regulations.
"Our administrative staff is there, as well as case managers are still there and people can still stop in and make appointments," she said, noting the agreement means the center can reapply for driveway construction permits and gain use of the property parking lot. "Hopefully, the changes we've made satisfies those commission members that opposed our permit application."
A draft version of the judgment states the agreement was reached because the city and center sought to resolve the issue "without the necessity of a trial," with each party responsible for covering its own legal costs.
In accepting the agreement, commission members agreed the shifting of some center services — and the banning of walk-in clients ―"alleviated parking calculation issues."
The agreement was accepted by commission members Adam Sprecace, Jason Barnwell, Ronna Stuller and Chairman Charles Peterson. Member Russell Carr voted against the proposed judgment, according to meeting minutes.
