ZS Secures Decision Upholding Approval of Apartment Complex Development in the Town of Groton

On May 22, 2023, the Connecticut Superior Court dismissed an appeal challenging the Town of Groton Planning and Zoning Commission’s approval of a major residential development project. The appeal, brought by a neighboring property owner, contested the Commission’s 2021 decision to grant site plan approval for “Triton Square,” a 304-unit apartment complex to be built on the former William Seely Elementary School property.

ZS and Attorney Timothy Herbst represented the developer both before the Commission and in defending the approval on appeal. The plaintiff alleged that the Commission’s decision violated multiple provisions of the Town’s zoning regulations and improperly delegated authority to staff, and also argued that prior municipal actions concerning the property required a new statutory referral. After reviewing the extensive record, the court rejected each of these claims, finding that the Commission acted lawfully, relied on substantial evidence, and imposed valid, enforceable conditions.

The ruling clears the way for construction of a significant workforce housing project in Groton, consisting of three interconnected, four-story buildings with modern amenities, parking, and public access to playgrounds and walking trails, which will help meet the region’s growing demand for quality housing.

The decision can be found here.