(1) In reviewing a certificate of location approval application, the ZBA acts as an agent of the State of Connecticut and the notice provisions and other provisions of C.G.S. Chapter 124 (C.G.S. § 8-1 et seq.) shall not apply.

(2) The ZBA may hold a public hearing on the certificate of location approval application and, if such hearing is to be held:

(a) Shall cause a legal notice to be published in accordance with the requirements of § 470-909E of these regulations;

(b) May require that the applicant give notice through the posting of a sign in accordance with the requirements of § 470-909F of these regulations; and

(c) May require that the applicant give notice to owners of abutting lots in accordance with the requirements of § 470-909G of these regulations.

(3) The applicant may withdraw such certificate of location approval application at any time prior to action by the ZBA.

C. Decision considerations. As an agent of the State of Connecticut, the ZBA serves solely to determine whether a certificate of location approval should be issued based upon such considerations as:

(1) Whether the use is permitted in the zoning district;

(2) The suitability of the location in view of traffic, intersecting streets, width of highway, effect on public travel, and other conditions;

(3) The relationship of the proposed use or operation with respect to schools, churches, theaters, and other places of public gathering;

(4) Whether the proposed use of the location would imperil the safety and welfare of the public;

(5) Whether the proposed use of the location would have a detrimental effect on the value of nearby properties or development thereof;

(6) Whether there has been a material change in conditions which might reverse a decision of granting or denying a previous application; and,

(7) Information required by or provided on CT DMV K-93 and K-36 forms.

D. Action documentation.

(1) Whenever it grants a motor vehicle location application, the ZBA shall state upon its records the reason for its decision.

(2) Notice of the decision of the ZBA shall be sent by certified mail to the applicant within 15 days after such decision has been rendered.

(3) Such notice shall:

(a) State the name of the owner of record;
(b) Contain a description of the premises to which it relates; and
(c) State the reason why the application was approved or denied.

See Zoning Board of Appeals for more information regarding this board.