North Haven, Connecticut- An adult book store should be setting up shop on Washington Avenue before the end of the year.

Forced to reverse a decision it made in 2005, the Planning and Zoning Commission Monday night approved a site plan for the store slated to move into two vacant spots in the Dell’Oro Plaza, 144-154 Washington Ave.

Commissioners voted unanimously to approve the site plan, based on a court order that stated the PZC would have to approve a site plan within 30 days after all appeals were exhausted.

The panel approved the site plan with conditions, some specific to the adult book store and some applicable to any site plan. One deals with a condition suggested by book store lawyer Daniel Silver that states all doors to viewing booths be 3 feet above the floor and unobstructed, to ensure only one person occupies a booth.

Store owner Dennis M. Loring had no comment after the decision, other than that he would have to discuss it with Silver. How long it takes to open the store will depend on how long it takes to get a building permit, he said.

Town land-use administrator Alan Fredricksen said that approvals will be granted based on the work of those hired by Loring.

Besides Loring, there were two people in the audience concerned about the PZC decision. Modestino Roca and his wife, Maryann Roca, said they have been waiting to open a pizza take-out restaurant in the same plaza, but have been stymied because the town wouldn’t allow them to file a site plan since the overall site plan for the plaza was pending. Now, the Rocas can submit a site plan, Fredricksen said.

In September, the town was unable to secure another review from the state Supreme Court following its July ruling when it sided with Loring’s right to open the adult-oriented store with 15 video preview booths.

The Supreme Court majority in July said the PZC did not offer sufficient evidence in 2005 when it rejected the plan and ruled that the video preview booths were not a permitted use.

The September order meant that the PZC had no further right to appeal.

Three justices — Chief Justice Chase T. Rogers, Richard N. Palmer and Joette Katz — rejected the reconsideration request and two, Flemming L. Norcott Jr. and Peter T. Zarella, said they would grant it.

The crux of the argument before the Supreme Court centered on whether video preview booths were customary and important to adult stores.

Silver, who has represented clients in the adult entertainment business before zoning authorities in Connecticut and other states for 35 years, said that because adult videos cannot be advertised in mainstream marketing, stores that sell them need to provide an opportunity for customers to view the videos.

Attorney Jennifer N. Coppola of Ciulla & Donofrio represented the town before the Supreme Court. Coppola argued that it was up to the public, not an industry, to determine what was customary in a community.

Numerous residents had opposed the store’s opening.

Coppola on Monday night met with the PZC in an executive session that lasted just over an hour.

Coppola said it was proper for her to meet privately with the commission because the matter was not finally adjudicated until the commission made its decision on the site plan and because commissioners had questions and the “right to discuss the matter with counsel.”

“Naturally, we were disappointed the court said we had to allow it,” said PZC Chairman Dominic Palumbo. “We put the conditions on it that we thought were reasonable and that give the public the most safeguards.”

In rejecting Loring’s site plan in August 2005, the PZC ruled that the video booths were not a permitted use, and that parking was not adequate for a use that included the booths.

The store will be the first adult-oriented shop in North Haven with preview booths.

Silver appealed to Superior Court, and the court said the denial of the site plan was illegal and arbitrary. But the court did not order the PZC to take any action, so Loring and Silver went back to court to modify the decision.

Superior Court Judge Thomas J. Corradino then ruled that the PZC must approve the site plan, but not until all appeals had been exhausted.