Controversial Decision On Senior Living Expansion In Simsbury Being Challenged In Court

SIMSBURY, CT — A Simsbury Zoning Commission decision approving zoning changes and a 40-unit expansion of McLean Affiliates' continuing care retirement community is being challenged in Connecticut Superior Court by two neighboring property owners.

John Bunn of 15 Hop Hollow and Andrew Grossman of 17 Hop Hollow filed an administrative appeal against the Simsbury Zoning Commission and McLean Affiliates Inc.

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The case has a return date of Aug. 4 in Hartford Superior Court.

The appeal challenges two decisions the commission approved during its July 6 meeting: a zoning text amendment identified as Application ZC 26-06 and a special exception and site plan approval, Application ZC 26-07, allowing construction of 40 independent-living residential units, known as "Meadow Homes," at McLean's campus at 75 Great Pond Road.

Notice of the approvals was published July 7.

According to the complaint, the plaintiffs claim they are both statutorily and classically aggrieved because their properties either abut or are within 100 feet of the project site.

They contend the development could affect drainage and flooding, buffering and privacy, property values, traffic, and neighborhood character.

The appeal alleges the commission "acted illegally, arbitrarily, unreasonably, and in abuse of the discretion vested in it" when it approved the applications.

Among the plaintiffs' claims are that the commission:

• Approved zoning amendments without an adequate town-wide planning rationale.
• Deliberated for fewer than 15 minutes after receiving evidence related to stormwater, property values and zoning standards at the close of the public hearing.
• Approved the special exception without sufficient findings regarding siting, compatibility, buffering and property values.
• Failed to adequately address concerns related to stormwater management, zoning compliance and recommendations from the Simsbury Conservation Commission.
• Relied on future revisions and applicant assurances instead of determining the project complied with mandatory zoning standards before approving.

The plaintiffs are asking the court to sustain the appeal, vacate both the zoning text amendment and special exception approvals, and remand the applications to the commission with directions to deny them or require a new public hearing after a revised application is submitted.

They are also requesting that the court halt site work and construction while the appeal is pending.

The lawsuit follows the commission's unanimous July 6 approval of amendments to the zoning regulations and the McLean expansion project, which would add 40 independent-living residences to the healthcare and senior living campus on Great Pond Road.

For the complete court history of this legal challenge, click on this link.

From July 16: 'Simsbury Retirement Community's Controversial Expansion OK'd By Zoning Board'