TRUMBULL — The project to build a 55-plus resort at 48 Monroe Turnpike has met with a roadblock as owners of a neighboring property seek to appeal a judge’s earlier ruling that could have allowed the plan to move forward.

The development discouraged some townspeople, including the Director of Community and Economic Development, Rina Bakalar.

“It delays the progress of a good project in the short term,” she said of the petition. “It’s postponing needed housing and services for seniors. It’s stunting the growth of the big list and the associated tax revenue. It’s an unfortunate situation.”

The project to convert the Monroe Turnpike property – formerly the site of United Healthcare regional headquarters – into a seniors and adult care community has been underway since 2018, when the property was sold to local developers. However, the project has faced multiple legal challenges from the owners of the adjacent Home Depot propertyand three residents of nearby Woodland Hills condominiums.

On October 4, Old Mine Associates, LLC, owner of the Home Depot property adjacent to 48 Monroe Turnpike, filed a motion for certification with the Connecticut State Court of Appeals, seeking a review of the Superior Court trial umpire Dale Radcliffe’s Sept. 14 decision to dismiss two zoning appeals brought by the Old Mine.

The company was appealing the Trumbull Planning and Zoning Commission’s decision to grant 48 Monroe Turnpike LLC’s application for two overlap zone changes and a special permit application and site plan approval. In September 2021, the commission held a public hearing on both applications and ultimately voted to approve them.

Old Mine Associates appealed the commission’s decisions to the Superior Court. In its two appeals, the company alleged that the decisions of the Planning and Zoning Commission were “unlawful, unlawful, arbitrary and an abuse of power vested in the defendant commission”.

The appeals alleged, among other things, that the applications “do not meet the requirements, standards and conditions necessary for the approval of applications in accordance with zoning regulations.”

The appeals also claim that as a neighboring landowner, Old Mine was “harmed” by the project.

Radcliffe dismissed the appeals and upheld the commission’s decision.

In the motion for certification – filed by attorney Linda Pesce Laske, of the Bridgeport-based law firm Green and Gross – charges, among other things, that “the decision under review conflicts with other decisions of the Lower Court”.

He also says the call “will be of great help to land use agencies, staff and landowners by clarifying whether the
the right to continue a nonconforming use, building, or structure, as protected under Connecticut General Statutes Section 8-2, extends to nonconforming accessory uses, when the owner chooses to terminate primary use that was served by the accessory use, and redeveloping the property for entirely new primary uses that require the submission and approval of rezoning applications, special permits and site plans. »

Trumbull City Attorney James Nugent said the city will file an objection to the certification request. He said he was optimistic the petition would eventually be dismissed.

“We hope that … the appeals court will dismiss the motion and we will put an end to this and the landlord can move on,” Nugent said.