Planning & Zoning Commission - Regular Meeting

at house. So there's like Okay, Carol, I'll just set I'm unmuted and I'd like to call to order this um Thursday, December 18th, 2025 meeting of the Madison Planning Conception Commission. Over. We have one public hearing scheduled for this evening. So I want to take a few minutes to review the process for public hearings and the current hybrid format. Actually, I think everyone is here in person tonight for commissioners.

Um, during the public hearing, the applicant will be invited to present the application explaining to the commission and others present what is being requested. The applicant or staff will share all application materials on screens as needed. Comments of town agencies will be read for each application if there are any. There'll be clarifying questions from the commissioners. Then there will be an opportunity for clarifying questions from attendees. For Zoom attendees, please raise your hand through the Zoom platform and wait to be called on and unmuted. As this public hearing must be recorded, attendees will state their names and agos before asking their questions. Next, those who wish to support the application may come forward and then those who oppose the application may come forward. I think that we can roll that all into one. Um, again, it is necessary for speakers to identify themselves each time they speak by stating their name and address. The applicant will then have an opportunity to address any questions or concerns raised by the public or commissioners. Once the public hearing is closed, the applicant is free to leave or remain for the balance of the regular meeting during which the commission will try to reach a decision on each application. Each applicant will be notified in writing as to the decision of this commission and has a right to appeal to secure court if desired. Decisions of this meeting are available today after the meeting by calling the land use department at 203245-55631 after 9:00 a.m. All actions taken tonight by the commission will be by roll call. All commissioners and staff will identify themselves for the record before speaking. Seated this evening are members Mike Bugda. Um Max I was going to seat you for the vacancy that we have. Let's do

um Jeff DS, John Dooa, John Morgan, Bob O' Conor, Janet Peekinpaw, Andy Rubin, and myself, Carol Snow, chair. We also have Michelle Clark, present here tonight with us, who's an alternate staff. Present this evening is Aaron Manx, town planner. This meeting is livereamed on YouTube and will be made available on the town website for viewing. Additionally, I would like to ask that we treat each other respectfully throughout the meeting. And a reminder to please turn off your phones. The town planner will now read the legal notice.

Erin, thank you, Carol. The Madison Planning and Zoning Commission notice is hereby given that the commission will hold a public hearing on Thursday, December 18th, 2025, beginning at 700 p.m. in meeting room A, Town Campus, 8 Campus Drive, Madison, Connecticut 06443. This is a hybrid meeting and attendees may also join via Zoom webinar through either the webinar link or call in information below. The webinar ID this evening is 91581966735. The password is 452138. Dialin number is 6465588656. The following application will be heard. Number 25-29 Warpus Road, map 64, lot 1, zone RU1 and RU2. The owner applicant is Ernest R. Simino. It's a request for zone boundary change to extend the RU2 zone over the entire property where it is currently bisected by the zone line between RU1 and RU2. Copy of this application is available for inspection in the land use office. Further details on how to participate in the webinar are posted on the town of Madison website www.mmadisonct.org. All written correspondence can be submitted to the land use department via email to landusemadison.org. Dial 203245-5631 for assistance dated at Madison, Connecticut this 24th day of November, 2025. Carol Snow, chair. This was published once in the source on December 4th and once on December 8th, 2025.

Thank you, Erin. Um, so this is the first item on our agenda. Could I have a motion to open the public hearing for 25-29 Marcus Road? Motion. We need the session. All in favor? Great. We're open invite the applicant.

Great. Good evening. I'm attorney Ed Cassella um representing Ernest Samino who's here tonight who is uh the property owner of this property subject of this uh application which is Warpus Road unnumbered map 64 uh lot one uh we've been assisted in this application by Scott Kaitton who's the land surveyor whose plan we have if you want to pull that plan up there uh and Mike um the civil engineer has also been working with Ernie on um the option options for this piece of property. So, this is a uh 2.9 acre parcel of land at the intersection of uh Warpus and uh Green Hill. Um it's 126,000 square ft. Uh, and as Aaron described, the the property right now is bisected by the zone line which between the R2 zone on the south along Green Hill and the R1 zone on the north heading up Warpus because the the zone line comes 350 ft off of uh Green Hill as it uh goes through this part portion of town. So, the request is to have the parcel reszoned essentially to have the entire parcel um be located in the R2 zone. Um it's beautiful piece of property if you really can't see much of it from the road, but it's lightly wooded and then it's just an open field. It's out of the flood zone. It's not in CAM, so it's it's a it's a ripe uh for development. The goal here is admittedly if the resoning takes place with 126,000 square feet, you will be able to fit two 60,000 ft compliant lots on it. Right now, our um R1 requires 80,000. So 60 and an 80

doesn't work. The second benefit is the square. Um, right now in the R1 it's a 200 foot square, which can probably work, but we can't meet the 80, but that square is reduced down to 175 uh with the R2 zone. So, there's there's a couple of benefits to uh uh to doing that. Um, one of the things you need to look at your plan of conservation and development and you have a policy that I found, policy GB, which um, you know, is basically to to look at programs including zone changes to meet the goals that are necessary to u meet the housing demand. So, this is, you know, all we're seeking to do is take an existing zone that's on the property and cover it over the entire property with the with the ultimate goal of being able to provide two 60,000 foot building lots.

So, that's all I have. If you have questions, I'm happy to answer. Um, sorry. I will I will make one more comment. Um, we've done the research. Scott Kaitton has done the research. We do believe this is eligible for a free split uh because the property has been in this configuration uh prior to uh uh uh zoning and subdivision regulation. So we'll say that as well.

Thank you. Erin, I was wondering if you could pull up Sorry, I should have asked for this maybe before the meeting. Um the zoning map that shows how this is was established um and why we have this situation. And um I mean I did take a look and it looks like they tried to follow some of the property lines on the north side of Green Hill as they came across but this just didn't quite

it it appears that the 350 foot line it runs east west along the length of Green Hill Road. Um and you'll see there are multiple properties that are affected by this split zoning. Um, and I I did try to go back and and look into the history as to why 350 ft was chosen um because it seemed somewhat arbitrary um and might be something that the commission wants to look at at some point um moving forward because yeah, it it's challenging. Um I mean I can really kind of zoom out here so you can see. I know showing it.

Yeah, I know. I just wanted to get it ready so I didn't mess it up on screen. And how close are you to the Neck River? Is it uh I can show you that. Yeah, I'll see that too. So this this lighter color is the rural residential one. Mhm.

Um and uh this is north really on the top of your screen and this darker uh orangey beige is the rural residential 2 which is the um smaller lot size requirement. This here is Green Hill Road as it comes all the way. Um and so really the zone line is limited to 350 ft from the center line of Green Hill as it travels. Um and so that varies throughout the properties as you head towards Killing Worf. You could see a number of them um again are in the middle of properties. Um but there are some the neck river is here uh for those who are looking um for proximity. It's across the street from Warpus and runs through the back of some of those properties there.

Um so there the the properties u directly to the west on Green Hill. um pretty much the front lots uh it does meet the rear property line here. So there there could be consistency in running this along the top property line um of the RU TO would you mind zooming in a little bit and see this? Yeah, thanks. Are you Would you like to see the aerial? Sure. Is that what you're Oh, yeah. There it is. You're looking for It's the yellow kind of triangle.

Okay. Your sight plan is 90°. Yeah. North is um Yeah, this this is north uh up here. Okay. So, this Yeah, this is the 300 ft from the center line. noodle here. So, it kind of arcs across the as shown on Scott Keaton survey. Yeah, it's even strange that it's not a straight line because of the intersection, right? And the road varies. I mean, it's so it really does follow the actual center line of Green Hill. I see. So, as it meanders, that's the point that you have to there.

Exactly. Got it. Do we know what the historical basis for the original zoning given it exists today as it is? That how that came to be? I mean, I I think logically our our more dense zoning uh designations are are south of the post road, but with your smaller lots along the water and, you know, you slowly get up and and this is sort of that transition from, you know, that 1 acre density to now just about an acre and a half before uh the the North Madison um RU1 goes all the way up to the north property. uh the north uh town boundary has the 80,000 square feet which is our equivalent of a two acre zoning. It's shy of two acres with 80,000 60,000 I think is like 1.4 It's about Yeah, roughly an acre and a half.

Someday maybe we'll I know. I don't know why we don't use the actual. You're not alone. And you're not alone. The town's not alone with this type of um aberation feet designation off of a road. So, um and you know, most of the properties I would assume have been built out. It's it's going to be pretty rare for for a situation like this one on a corner lot where um you know he's got enough frontage to have two lots. He's got enough square uh and you know obviously it's the southernmost part of that R1 um less dense section. So it's really consistent with what what's been zoned along Green Hill.

So that's why we believe it's appropriate. What's your plan for the property? Oh, congratulations. I just retired. Oh, I see. 25 years. That's awesome. Purchased in 2000. I meant to say that. Oh, you've been holding on to it. Yeah. Well, cleaned it out. Awesome. Grab some retirement. You know, any other No, was it still in place when you bought the house? Yes. Does it help now? No, it's or something. It's improved with the shed. I keep my Wait a minute. So on the whole lot that you own, there's not a house. No. No.

Oh, okay. What is that house on? Uh, that's the neighbor. A butter above. It's vacant. Yeah, except for the small shed. If I turn the zoning map off, you can see it here. Any other any other questions? So, well, I guess just to clarify then, so your your property is land behind that house that's pretty much just an open field. There's those every Oh, I got there all the time. Nice looking. There's a house with firewood and a serious.

Yeah. You can see here, this is the wooded corner that you're referring to, John. And and yeah, and this is all vacant. There's one uh small shed. Small shed in the corner. And the house that I'm thinking of is is right here. That Oh, okay. Awesome. So, your property then is currently zone for you to build really only one house and you want to be able to build two.

That's correct. That's that's the request. I included a staff report for um the commission. I don't I did supply that to the applicant as well and um it's in the application documents if you had any questions. Basically um highlighting what attorney Cassella has said to you. Um and also just reminding the commission that when you are approving a zone boundary amendment um we are acting legislatively. um rather than administratively um and really have uh quite a bit of discretion in in your decision making.

We do have a schematic of that would show what two 16,000 foot lots would look like if we'd like to see it. I'm sure you don't know if I brought it up for close.

You can share your share. It's a little this this was a schematic that was done before to try to see how close we could get to the um meeting the zone and you know is this we go for a variance or do we go for a zone change. Uh so you can see there's uh 159,000t lot and 166,000t lot. So obviously we need to change a little bit but this just gives you an idea where the location of those two lots would be. I do have an extra one. Thanks. Thanks. Yeah.

Yeah. Two left. Yeah. So, you know, 60,000 square ft leaves. Nice piece of land being set back. I just heard you say two and then I just saw the one. This just says one on the draft. That's why I said the last one. You could put like eight tennis courts in there. So is the is the intention to subdivide and put two houses then? So I understand correctly. That's right. So one house here and then there's another piece of land that's available to which one do you plan to build your house on?

And because I can't I can't do fast math really right now. How big are these houses intended to be? Oh, that's conceptual. I don't 60,000 square foot. You could have I don't know the public just off the top of my head, but 10%age.

You have to fit septic, you have to fit stone water, you know, you have to meet all the criteria, but there'll be single family houses on 60,000 foot lots just like along Green Hill Road. Any other questions or comments? Sure. Um, is what I'm trying to phrase the question properly. What would there be a downside to not reszoning this property?

Yeah. Well, there's a financial downside, Mr. Samino, and obviously we we would argue there's a downside to the town of Madison because you can get an extra building lot out of it that basically fits, right? 60,000 square feet along Green Hill Road is what's required. As you go north, you want more rural, but this is right on the corner. So, you know, there's a obviously there's a huge push for housing in the state of Connecticut. You recognize that in your plan of conservation and development. Um, and this this is a nice opportunity to to have another new construction.

Are there implications? I'm looking at the experienced members of the commission as well as Aaron. Are there implications for making a zoning change of this nature that would have future impacts to any other decision? So, are we setting precedent with this decision? Yeah, there are other properties that have the same area. How have those been handled in the past or is this the first of this?

We've had we haven't had any. you're you're looking individually at this particular parcel given its lot size, its location. Um, and that's sort of where you have that legislative discretion looking at the adjacent parcels and what their zoning where that RU one boundary line is relating to those. Um, as far as other properties along Greenh Hill Road, whether they share the same size acreage that a shift in the zone line that are vacant or could have a house torn down, which could accommodate a subdivision after a zone boundary change, that analysis has not been done. I mean I I mean Green Hill Road has always been kind of the dividing line for everyone, you know, and I mean this is this doesn't bother me too much as person. It's a little bit of a creep here and there for you know big deal.

I I don't see any implications from No, if you're saying we're going to do this all you going to do this on the you know on the route 80 border now you're really starting to bring it up into a different area. But I mean it's right Nick. Any other questions or comments from Benos? Well, were there any comments from public? I didn't see anything online to the public because I saw the files, but I didn't see any letters or No, we have not received any written correspondence for this this public hearing. Correct. We had to provide notice to people within 500 ft. So, it was a um there was a significant amount of people that were noticed. Yeah, we saw the list of this complications

aside from the folks who are here in the room today. Yeah. Once we get to public comment there, yeah, this would not be a jarring change to the community, the vicinity of the two new houses. It seems to me comments from the public. Were you asking for comments or questions for or against? Um,

I can ask I can make it more formal and ask for uh anyone in favor or who would like to speak to Madison 235 Green Hill Road has the sap lines on these trees. He's been a great neighbor and I've enjoyed it. Uh, just a quick comment. Uh, I'm not against this as a budding neighbor. Uh, I will just make a comment though that any of these properties along a margin like this deal with this. For example, I can walk across the street to vote, but I can't cuz I'm in district two. So, I now drive Yeah.

8 miles round trip to vote when I walk. So, I mean, this is this is what you see. In this particular case also, the lot is it's just an open field. Ernie's done a great job with it. Um, truthfully, I mean, to be honest, not to be honest, just as another point, 25 years ago, we bid against each other

for this property because it went up it went out to bid and Bernie was smart. He bid higher as the butter. I should have said what opportunity can there be to buy a lot like this that's uh that abuts that's contiguous but anyway I don't have an objection um wish you luck I think it's up to the uh the board here to make a decision based upon where you think this will be presidentwise and the other thing I wanted to thank you for your service thank you sounds like you might be able to buy the other half the lawsuit a lot of maple syrup.

Thank you. Um, any other questions or comments? And I I see we have some attendees online, but I don't see any hands raised. No, I don't either. In that case, could I have a motion? Motion to approve to Well, first first we have to close the public hearing. Move to deliberate things. Motion motion. This is going to be pretty second. Okay. Any further discussion? So, we'll move to deliberation. We've already done a little bit of deliberation. I think it sounds like we're all comfortable with this this change.

Yes, it is. Um in that case well I guess I mean my only thought is this specific instance is really unobjectional right so the neighbor is saying go ahead but bigger issue is how does this differ than from somebody else elsewhere saying look I've got a I've got a lot it's own for only one house but that could fit two houses fit the um say character or the appearance of the neighborhood and So, and I get another building block ready.

I mean, we are setting some precedent here, I think, by making this adjustment. That said, we still take each application case by voice. So, I feel comfortable with that. This is a kind of an unusual situation, right? I mean, this is a lot that undeveloped, split it undeveloped and can be split. I don't think there's a a lot a lot of lots that fit his criteria, but we would take them on a case by case basis. Right.

So, typically when you look at your zoning designations, you want some consistency. We've had some other zone boundary changes, residential to commercial, you want to look for proximity of that desired zone to the subject parcel. um you know if it's if it's just one uh RU2 zone you know surrounded by nothing else um you know similar or the same zone contiguous you might look at that and say how is this consistent with that overall uh comprehensive plan here of our our zoning map and regulations so as well as our PCD

yeah you you do want to look at them individually and and and see how how it looks um adjacent to um other properties and and where that zone line falls. And I think actually Erin in your staff comments gave a good summary of what what we should be considering here. So appreciate that. And that's all that's on file. It's public. Yes. Um I'm sorry Michelle once we close public hearing. Yeah. No more questions. if you're not seated as a commissioner. So, as an alternate, you can participate during the public hearing, but not in deliberations unless you're seated. I learned that the art, too.

All right, then. Could I have a motion? I And actually, we do have a draft. Yes, I think it is. I could bring it up if you got it. And yeah, maybe you could bring it up as well, Erin. That would be great. West J. You got it. You got it first. All right, I got it. I have a second and then Oh, I can second. But that would mean anything. He hasn't made the motion yet. Oh, I thought he made a motion. He hasn't read it yet.

All right. Ready? uh voted that the Madison Planning and Zoning Commission approved application number 25-29 Orcus Road map 64 lot zone RU1 and RU2 owner applicant Ernest Ramino request for zone bound change to extend RU2 zone of the entire property where it is currently bisected by the zone line between RU1 and RU2 based upon the following findings. One, the relocation of the RU2 zone boundary line to the northern property line of this lot to creates uniform zoning designation across the parcel while still remaining consistent neighboring properties. Two, it is further noted that the proposal is consistent with the Madison Planning and Conservation and Development POCD as shown on page 27 and 41 as the reduction of lot size requirements would open up opportunity for division and future growth of Madison's housing supply. The effective date of his approval shall be January 2nd, 2026.

Thank you. Second, Janet. Any further discussion? All in favor? Done. I think it' be well done, but I respectfully center the decision. Okay. Thanks. Thank you. Thank you. Sorry.

All right. They have trending applications to run through again. Um you don't need me 256 table to January 826. Um 25-30 plus a coastal site plan for 142 Boston road has a public hearing scheduled for January 8, 2026. Uh 25-27 875 Boston Post Road. Uh it looked like we need to cable it to January 15, 2026. Um so AKA can review it. So could I have a motion to table it? Make a motion by that

in a second. Any discussion? All in favor? So we'll table that to January 15th. And hopefully by then you'll have we hope that by then you'll have well we've been this is our second the final word from break. Next we have 25-28 Bushnell Lane which is um we need to schedule a public hearing for it for January 15th 2026. Can I have a motion to for that public? Sure. Second. Any discussion? All in favor?

All in favor? Okay. Going to be a busy January. And then uh 25-25 postal site plan for 117 Buffalo Bay. They have withdrawn their application and they'll be going to the zoning board of appeals. So I understand. Yes. Um next on our agenda is the approval of the minutes for December 4th, 2025. Uh sure. December 4th, 2025 planning zoning commission meeting. Members, President Snow, Giza, Clark Connor, and Downs Motion for approval. Next second. Um, any comments, Ed?

Good. No. Great. Great. All right. for remarks. I just want to um remind everyone that in our first meeting in January, which is January 8th, yes, we'll have elections for chair, vice chair, and secretary as is our custom um and as per statute. So, Erin, should anyone who's interested in in um any of those positions let you know and then we can sure have that on the agenda for January 8th?

Yes. And basically someone would nominee during the meeting um for chair usually we'll do chair first and then chair vice chair and secretary secretary. So think about that um technically I've been serving for four years which coincided with one of those years was when the charter was being revised and now their term limits for four years but it starts they start the year after that. So I technically can go one point a year. Yes, if you love declaring sounds like you're being

I'm being transparent, but I I encourage anyone to to think about serving as chair, vice chair, and secretary. Erin, did you have any other I have um a few of you are on um the board of selectment agenda for Monday evening for reappointments. Carol, uh John Morgan, Mike Bugghda, Andy Rubin, and Maxwell. So, I assume you've all are all in agreement for reappointments. We are you know we have put my

it is you know the the timing of our appointments doesn't necessarily coincide with when our terminal events are up because we're spot of other people is up but already we're going yes I'm looking unpaid promotion promotion the best guy promotions Yes. So, Maxwell is on the agenda to fill Bob Reinhardt's vacancy, which I think is a one-year vacancy. It's just you're filling his term. Yeah. And then, um, you would be up for reappoint once that term ends,

correct? Um, and so that's the the one full vacancy that you have, um, in our nine members. Yep. And then we would have a vacancy uh and then our alternates uh two vacancies, right? We have I think there's still Yeah. Yes, we'll have two vacancies. Um so u Michelle will be our only alternate um in that case. I don't see any new um folks on at least this Monday's agenda. Okay, great. All right, then. Any other comments, discussions, questions? Not. Could I have a motion to adjurnn? Motion to adjurnn.

Thank you. Second. Any discussion? All in favor? We are assured at 7:31.